Preview
FILED: ERIE COUNTY CLERK 11/12/2020 02:37 PM INDEX NO. 809568/2020
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/12/2020
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
MARK H. MATURSKI and
CHERYL MATURSKI, His Spouse,
Plaintiffs, DEMAND FOR
BILL OF PARTICULARS
v. Index No. : 809568/2020
PREFERRED MUTUAL INSURANCE COMPANY
Defendant.
C O U N S E L O R S :
PLEASE TAKE NOTICE that, the defendant, PREFERRED MUTUAL INSURANCE
COMPANY, hereby demands that you serve upon itsattorneys within thirty (30) days after date of
service hereof, a verified bill of particulars of the claims of plaintiffs, specifying and stating the
following:
plaintiffs'
1. State date of birth and social security number.
2. The date and approximate time of the occurrence with itsapproximate location.
3. A statement of each and every statute, ordinance, ruleand regulation claimed to have
been violated by Neil J. Adams.
4. A statement of every act or omission of Neil J. Adams, claimed by the plaintiff to
have been careless, reckless or negligent.
"13" Plaintiffs'
5. With respect to the allegations contained in paragraph of the
complaint, provide a statement of each and every act or omission claimed by Plaintiffs to constitute
a breach by Defendant of its contractual duties to the Plaintiffs.
1 of 4
FILED: ERIE COUNTY CLERK 11/12/2020 02:37 PM INDEX NO. 809568/2020
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/12/2020
Plaintiffs'
6. With respect to paragraph "14"of the complaint, provide a statement of
each and every policy term, statute or rule Plaintiffs claim Defendant violated.
7. A statement of the injuries alleged to have been sustained by the plaintiff, MARK H.
MATURSKI and as to each the location, extent, duration and posinanoacy.
8. The length of time plaintiff, MARK H. MATURSKI was confined to:
(a) the hospital, ifat all; dates of confinement; name and
address of hospital;
(b) to bed;
(c) to home.
9. Statements showing:
(a) the number of times plaintiff was treated at the office
of his physician and dates thereof, and the name(s)
and address(es) of each such physician(s);
(b) the number of times physician(s) treated the plaintiff
at his home, or any other location and the dates
thereof.
10. A statement of the amounts of money which the plaintiffs have been compelled to
expend for:
(a) Physicians;
(b) Medicines;
(c) Medical attendants;
(d) Hospital;
(e) Nursing;
(f) X-ray;
(g) Others.
2 of 4
FILED: ERIE COUNTY CLERK 11/12/2020 02:37 PM INDEX NO. 809568/2020
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/12/2020
11. The usual occupations of the plaintiffs at the time of the accident, the amount oftime
lost therefrom by dates, salary at the time of the accident and the actual loss of earnings therefrom,
if any, and the names(s) and address(es) of their employers or sources of said income.
12. A statement setting forth whether the plaintiff, MARK H. MATURSKI, ever injured
the area(s) of his body identified in paragraph "7", herein, prior or subsequent to April I4, 2017, and
if so, identify the date of the incident, the injury sustained, plus the names(s) and address(es) of all
health care providers by whom the plaintiff was treated for that injury.
13. A statement setting forth whether the plaintiff, MARK H. MATURSKIever received
treatment from any provider prior to April 14, 2017 for the same areas of his body identified in
"7"
paragraph herein, and if so, identify the part of his body that was treated, plus the name(s) and
address(es) of all health care providers who treated that part of plaintiff's body.
14. A statement setting forth whether the plaintiff, MARK H. MATURSKI, ever received
treatment from any provider subsequent to April 14, 2017 from an incident that occurred subsequent
"7"
to that date for the same areas of his body identified in paragraph herein, and ifso, identify the part
of his body that was treated, plus the name(s) and address(es) of allhealth care providers who treated
that part of the plaintiff's body.
15. State the name and address of the plaintiff's primary care physician.
I 6. Does plaintiff make a claim for future lost wages and/or earning capacity? Ifso,
identify the period of time and the amount claimed.
17. (a) State the facts which entitle the plaintiff(s) to bring
suit under Section 5101 of the Insurance Law;
(b) State in what respect it isclaimed that the plaintiff,
MARK H. MATURSKI, has sustained a serious
injury as defined in Section 510I of the Insurance
Law;
3 of 4
FILED: ERIE COUNTY CLERK 11/12/2020 02:37 PM INDEX NO. 809568/2020
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/12/2020
(c) State in what respect itis claimed that plaintiff has
sustained economic loss greater than basic economic
loss, as defined in Section 5101 of the Insurance Law.
18. Please set forth how itwill be claimed CHERYL MATURSKI has been deprived of
the society, companionship, and services of Plaintiff MARK H. MATURSKI. If CHERYL
MATURSKI is claiming any lost wages, please specify the lost wages claimed. Likewise, if
CHERYL MATURSKI is claiming any independent medical expenses, please specify below.
19. A statement of each and every other item of o s or damage claimed b e plaintiff.
DATED: Williamsville, New York
November 11, 2020
P a S. Ciccarelli, Esq.
S ITTER CICCARELLI MILLS PLLC
Attorneys for Defendant
8685 Sheridan Drive
Williamsville, New York 14221
(716) 204-1862
TO: Cherie L. Peterson, Esq.
LIPSITZ GREEN SCIME CAMBRIA, LLP
Attorneys for Plaintiffs
42 Delaware Avenue, Suite 120
Buffalo, New York 14202-3924
(716) 849-1333
4 of 4
Preview
FILED: ERIE COUNTY CLERK 11/12/2020 02:37 PM INDEX NO. 809568/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/12/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE MARK H. MATURSKI and CHERYL MATURSKI, His Spouse, Plaintiffs, DEMAND FOR BILL OF PARTICULARS v. Index No. : 809568/2020 PREFERRED MUTUAL INSURANCE COMPANY Defendant. C O U N S E L O R S : PLEASE TAKE NOTICE that, the defendant, PREFERRED MUTUAL INSURANCE COMPANY, hereby demands that you serve upon itsattorneys within thirty (30) days after date of service hereof, a verified bill of particulars of the claims of plaintiffs, specifying and stating the following: plaintiffs' 1. State date of birth and social security number. 2. The date and approximate time of the occurrence with itsapproximate location. 3. A statement of each and every statute, ordinance, ruleand regulation claimed to have been violated by Neil J. Adams. 4. A statement of every act or omission of Neil J. Adams, claimed by the plaintiff to have been careless, reckless or negligent. "13" Plaintiffs' 5. With respect to the allegations contained in paragraph of the complaint, provide a statement of each and every act or omission claimed by Plaintiffs to constitute a breach by Defendant of its contractual duties to the Plaintiffs. 1 of 4 FILED: ERIE COUNTY CLERK 11/12/2020 02:37 PM INDEX NO. 809568/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/12/2020 Plaintiffs' 6. With respect to paragraph "14"of the complaint, provide a statement of each and every policy term, statute or rule Plaintiffs claim Defendant violated. 7. A statement of the injuries alleged to have been sustained by the plaintiff, MARK H. MATURSKI and as to each the location, extent, duration and posinanoacy. 8. The length of time plaintiff, MARK H. MATURSKI was confined to: (a) the hospital, ifat all; dates of confinement; name and address of hospital; (b) to bed; (c) to home. 9. Statements showing: (a) the number of times plaintiff was treated at the office of his physician and dates thereof, and the name(s) and address(es) of each such physician(s); (b) the number of times physician(s) treated the plaintiff at his home, or any other location and the dates thereof. 10. A statement of the amounts of money which the plaintiffs have been compelled to expend for: (a) Physicians; (b) Medicines; (c) Medical attendants; (d) Hospital; (e) Nursing; (f) X-ray; (g) Others. 2 of 4 FILED: ERIE COUNTY CLERK 11/12/2020 02:37 PM INDEX NO. 809568/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/12/2020 11. The usual occupations of the plaintiffs at the time of the accident, the amount oftime lost therefrom by dates, salary at the time of the accident and the actual loss of earnings therefrom, if any, and the names(s) and address(es) of their employers or sources of said income. 12. A statement setting forth whether the plaintiff, MARK H. MATURSKI, ever injured the area(s) of his body identified in paragraph "7", herein, prior or subsequent to April I4, 2017, and if so, identify the date of the incident, the injury sustained, plus the names(s) and address(es) of all health care providers by whom the plaintiff was treated for that injury. 13. A statement setting forth whether the plaintiff, MARK H. MATURSKIever received treatment from any provider prior to April 14, 2017 for the same areas of his body identified in "7" paragraph herein, and if so, identify the part of his body that was treated, plus the name(s) and address(es) of all health care providers who treated that part of plaintiff's body. 14. A statement setting forth whether the plaintiff, MARK H. MATURSKI, ever received treatment from any provider subsequent to April 14, 2017 from an incident that occurred subsequent "7" to that date for the same areas of his body identified in paragraph herein, and ifso, identify the part of his body that was treated, plus the name(s) and address(es) of allhealth care providers who treated that part of the plaintiff's body. 15. State the name and address of the plaintiff's primary care physician. I 6. Does plaintiff make a claim for future lost wages and/or earning capacity? Ifso, identify the period of time and the amount claimed. 17. (a) State the facts which entitle the plaintiff(s) to bring suit under Section 5101 of the Insurance Law; (b) State in what respect it isclaimed that the plaintiff, MARK H. MATURSKI, has sustained a serious injury as defined in Section 510I of the Insurance Law; 3 of 4 FILED: ERIE COUNTY CLERK 11/12/2020 02:37 PM INDEX NO. 809568/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/12/2020 (c) State in what respect itis claimed that plaintiff has sustained economic loss greater than basic economic loss, as defined in Section 5101 of the Insurance Law. 18. Please set forth how itwill be claimed CHERYL MATURSKI has been deprived of the society, companionship, and services of Plaintiff MARK H. MATURSKI. If CHERYL MATURSKI is claiming any lost wages, please specify the lost wages claimed. Likewise, if CHERYL MATURSKI is claiming any independent medical expenses, please specify below. 19. A statement of each and every other item of o s or damage claimed b e plaintiff. DATED: Williamsville, New York November 11, 2020 P a S. Ciccarelli, Esq. S ITTER CICCARELLI MILLS PLLC Attorneys for Defendant 8685 Sheridan Drive Williamsville, New York 14221 (716) 204-1862 TO: Cherie L. Peterson, Esq. LIPSITZ GREEN SCIME CAMBRIA, LLP Attorneys for Plaintiffs 42 Delaware Avenue, Suite 120 Buffalo, New York 14202-3924 (716) 849-1333 4 of 4