Preview
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 01/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------- ---------------------------------------------x
YVETTE MCCLAMB, Index No. 154374/2018
(ECF)
Plaintiff,
v.
HOUSING PARTNERSHIP DEVELOPMENT
CORPORATION, KALAHARI CONDOMINIUM,
THE BOARD OF MANAGERS OF KALAHARI Assigned Judge: Lynn R. Kotler
CONDOMINIUM, WALLACK MANAGEMENT
CO., INC., RNC INDUSTRIES, LLC and WEST
NEW YORK RESTORATION OF CT, INC.,
Defendants.
--...------------------------- ---------- -------X
DEMAND FOR A VERIFIED BILL OF PARTICULARS
COUNSELORS:
PLEASE TAKE NOTICE that, in accordance with Rules 3042 and 3043 of the CPLR,
you are hereby required to file and serve on Stradley Ronon Stevens & Young, LLP, attorneys
for Cross-Claimant-Defendant, West New York Restoration of CT, Inc., the following verified
particulars of plaintiff Yvette McClamb alleged cause of action herein within thirty (30) days
after the date of service of this demand.
Each item and subdivision of this Demand must be answered separately and categorically
under its own number, without reference to the Complaint or to other portions of the Bill of
Particulars. Whirl Knits v. Adler Business Machines, Inc., 54 A.D.2d 760.
1. State the residence address of plaintiff at the time of the alleged occurrence.
2. State the present residence address of plaintiff.
3. State the date of birth of plaintiff.
4. State the social security number of plaintiff.
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5. State any names used by plaintiff other than as specifically set forth in plaintiff's
Verified Complaint.
6. State the date and approximate time of the occurrence alleged in the Verified
Complaint.
7. Describe the approximate location of the happening of the alleged occurrence in
sufficient detail so as to permit accurate identification of the area in issue.
8. Describe in general the occurrence together with the identification of the parts of
any motor vehicle or other instrumentality involved in said occurrence.
9. Describe in general the acts or omissions constituting the negligence claimed to
have occurred herein, including a detailed statement of the precise act(s) or omission(s) alleged
to have been committed by the answering defendants.
10. State whether actual or constructive notice is claimed.
11. If actual notice is claimed, then set forth the following:
(a) State the name of the agents and/or servants of the defendant to whom
itwas alleged said actual notice was given.
(b) State by whom itwill be claimed that said actual notice was given on
each occasion aforesaid.
(c) State the date(s) of each notice aforesaid.
12. State whether constructive notice is claimed and, if so, state the length and time
said condition is alleged to have existed prior to the happening of the alleged occurrence.
13. State the name and address of each treating physician with dates of treatment and
corresponding expenses for medical services rendered.
14. Describe those injuries alleged to have occurred as a result of the negligence
claimed herein specifying those injuries claimed to be permanent.
2
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15. State the length of time confined to bed and home with dates of confinement for
each.
16. State the length of time confined to hospital with name of hospital(s) and dates of
admission and discharge.
17. State the occupation of the plaintiff at the time of the alleged accident and state
plaintiff's average daily, weekly, or monthly earnings.
18. Set forth the length of time plaintiff was totally or partially incapacitated from
employment and/or school
(a) State the length of time totally disabled.
(b) State the length of time partially disabled.
19. Set forth the total amounts claimed to have been sustained as special damages for:
(a) physician services;
(b) medical supplies;
(c) hospital expenses;
(d) nurses services;
(e) x-ray expenses;
(f) property damage;
(g) loss of earnings;
(h) allother items of special damages (specify).
20. If the plaintiff was self-employed at the time of the occurrence, state the facts
upon which the plaintiff bases the claim for loss of earnings ifany; and the name and address of
said business.
3
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21. Set forth by Chapter, Article, Section, and Paragraph each and every statute or
ordinance, if any, which is claimed to have been violated by West New York Restoration of CT,
Inc.
22. Set forth the names and addresses of all witnesses to the occurrence or to the facts
and circumstances surrounding itknown to the plaintiff, his attorneys and/or his representatives.
23. State whether the Verified Complaint alleges loss of services and, if so, describe
the nature and extent of said claim.
24. State the name and address of plaintiff's employer and/or school at time of
occurrence if any.
25. Set forth in sufficient detail the particular situation which will be claimed caused
the plaintiff's incident as alleged.
26. Set forth in sufficient detail the condition(s) which plaintiff claims caused said
incident.
27. Set forth the number of times the plaintiff previously utilized, accessed, and/or
transcended the area in question giving the date and time of each use, access, etc.
28. Set forth in sufficient detail the alleged defective condition, ifany, which caused
plaintiff's alleged incident.
29. State whether any person(s) and/or entity or entities who may be jointly or jointly
and severally liable with the defendant has been resolved or discharged from liability and, if so,
set forth a true copy of said release.
YOU WILL TAKE FURTHER NOTICE, that in the event of your failure to furnish
such bill of particulars within thirty (30) days, Cross-Claimant-Defendant West New York
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Restoration of CT, Inc. will move to preclude the offering of evidence as to the matters herein
demanded, together with the costs of such application.
Dated: January 2, 2019
New York, New York
Yours, etc.
S tt H. Bernstein, Esq.
STRADLEY RONON STEVENS & YOUNG, LLP
ATTORNEYS FOR CROSS-CLAIMANT-DEFENDANT,
WEST NEW YORK RESTORATION OF CT, INC.
100 Park Avenue, Suite 2000
New York, New York 10017
Telephone: (212) 812-4132
Facsimile: (646) 682-7180
Sbernstein@stradley.com
TO:
RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP
ATTORNEYS FOR PLAINTIFF YVETTE MCCLAMB
Jeremy A. Hellman, Esq.
29*
551 Fifth Avenue, Floor
New York, New York 10176
PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP
ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT
RNC INDUSTRIES, LLC
Kenneth J. Kutner, Esq.
60 Broad Street, Suite 3600A
New York, New York 10004
MARGARET G. KLEIN & ASSOCIATES
ATTORNEYS FOR DEFENDANTS/CROSS-CLAIMANTS
KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, AND WALLACK MANAGEMENT CO., INC.
Carol Morell, Esq.
2nd
200 Madison Avenue, FlOOr
New York, New York 10016
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DEVITT SPELLMAN BARRETT, LLP
ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT
HOUSING PARTNERSHIP DEVELOPMENT CORPORATION
Kelly E. Wright, Esq.
50 Route 11, Suite 314
Smithtown, New York 11787
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FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 01/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No. 154374/2018
YVETTE MCCLAMB,
Plaintiff,
-against-
HOUSING PARTNERSHIP DEVELOPMENT
CORPORATION, KALAHARI CONDOMINIUM,
THE BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, WALLACK MANAGEMENT
CO., INC., RNC INDUSTRIES, LLC and WEST NEW
YORK RESTORATION OF CT, INC.,
Defendants.
DEMAND FOR A VERIFIED BILL OF PARTICULARS
STRADLEY RONON STEVENS & YOUNG, LLP
Attorneys for Defendant
100 Park Avenue, Suite 2000
New York, New York 10017
(212) 812-4124 (telephone)
Pursuant to 22 NYCRR 130-T1, the undersigned, an anorricy admitted to practice in the courts of New
York State, certifies that, upon information and belief and reasonable inquiry, the contentions cci;:ai d
in the annexed document are not frivolous.
Dated: January12019 Signature:
Scott H. Bernst
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Preview
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 01/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------- ---------------------------------------------x YVETTE MCCLAMB, Index No. 154374/2018 (ECF) Plaintiff, v. HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI Assigned Judge: Lynn R. Kotler CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC., Defendants. --...------------------------- ---------- -------X DEMAND FOR A VERIFIED BILL OF PARTICULARS COUNSELORS: PLEASE TAKE NOTICE that, in accordance with Rules 3042 and 3043 of the CPLR, you are hereby required to file and serve on Stradley Ronon Stevens & Young, LLP, attorneys for Cross-Claimant-Defendant, West New York Restoration of CT, Inc., the following verified particulars of plaintiff Yvette McClamb alleged cause of action herein within thirty (30) days after the date of service of this demand. Each item and subdivision of this Demand must be answered separately and categorically under its own number, without reference to the Complaint or to other portions of the Bill of Particulars. Whirl Knits v. Adler Business Machines, Inc., 54 A.D.2d 760. 1. State the residence address of plaintiff at the time of the alleged occurrence. 2. State the present residence address of plaintiff. 3. State the date of birth of plaintiff. 4. State the social security number of plaintiff. # 3766749 v. 2 1 of 7 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 01/02/2019 5. State any names used by plaintiff other than as specifically set forth in plaintiff's Verified Complaint. 6. State the date and approximate time of the occurrence alleged in the Verified Complaint. 7. Describe the approximate location of the happening of the alleged occurrence in sufficient detail so as to permit accurate identification of the area in issue. 8. Describe in general the occurrence together with the identification of the parts of any motor vehicle or other instrumentality involved in said occurrence. 9. Describe in general the acts or omissions constituting the negligence claimed to have occurred herein, including a detailed statement of the precise act(s) or omission(s) alleged to have been committed by the answering defendants. 10. State whether actual or constructive notice is claimed. 11. If actual notice is claimed, then set forth the following: (a) State the name of the agents and/or servants of the defendant to whom itwas alleged said actual notice was given. (b) State by whom itwill be claimed that said actual notice was given on each occasion aforesaid. (c) State the date(s) of each notice aforesaid. 12. State whether constructive notice is claimed and, if so, state the length and time said condition is alleged to have existed prior to the happening of the alleged occurrence. 13. State the name and address of each treating physician with dates of treatment and corresponding expenses for medical services rendered. 14. Describe those injuries alleged to have occurred as a result of the negligence claimed herein specifying those injuries claimed to be permanent. 2 # 3766749 v. 2 2 of 7 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 01/02/2019 15. State the length of time confined to bed and home with dates of confinement for each. 16. State the length of time confined to hospital with name of hospital(s) and dates of admission and discharge. 17. State the occupation of the plaintiff at the time of the alleged accident and state plaintiff's average daily, weekly, or monthly earnings. 18. Set forth the length of time plaintiff was totally or partially incapacitated from employment and/or school (a) State the length of time totally disabled. (b) State the length of time partially disabled. 19. Set forth the total amounts claimed to have been sustained as special damages for: (a) physician services; (b) medical supplies; (c) hospital expenses; (d) nurses services; (e) x-ray expenses; (f) property damage; (g) loss of earnings; (h) allother items of special damages (specify). 20. If the plaintiff was self-employed at the time of the occurrence, state the facts upon which the plaintiff bases the claim for loss of earnings ifany; and the name and address of said business. 3 # 3766749 v. 2 3 of 7 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 01/02/2019 21. Set forth by Chapter, Article, Section, and Paragraph each and every statute or ordinance, if any, which is claimed to have been violated by West New York Restoration of CT, Inc. 22. Set forth the names and addresses of all witnesses to the occurrence or to the facts and circumstances surrounding itknown to the plaintiff, his attorneys and/or his representatives. 23. State whether the Verified Complaint alleges loss of services and, if so, describe the nature and extent of said claim. 24. State the name and address of plaintiff's employer and/or school at time of occurrence if any. 25. Set forth in sufficient detail the particular situation which will be claimed caused the plaintiff's incident as alleged. 26. Set forth in sufficient detail the condition(s) which plaintiff claims caused said incident. 27. Set forth the number of times the plaintiff previously utilized, accessed, and/or transcended the area in question giving the date and time of each use, access, etc. 28. Set forth in sufficient detail the alleged defective condition, ifany, which caused plaintiff's alleged incident. 29. State whether any person(s) and/or entity or entities who may be jointly or jointly and severally liable with the defendant has been resolved or discharged from liability and, if so, set forth a true copy of said release. YOU WILL TAKE FURTHER NOTICE, that in the event of your failure to furnish such bill of particulars within thirty (30) days, Cross-Claimant-Defendant West New York 4 # 3766749 v. 2 4 of 7 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 01/02/2019 Restoration of CT, Inc. will move to preclude the offering of evidence as to the matters herein demanded, together with the costs of such application. Dated: January 2, 2019 New York, New York Yours, etc. S tt H. Bernstein, Esq. STRADLEY RONON STEVENS & YOUNG, LLP ATTORNEYS FOR CROSS-CLAIMANT-DEFENDANT, WEST NEW YORK RESTORATION OF CT, INC. 100 Park Avenue, Suite 2000 New York, New York 10017 Telephone: (212) 812-4132 Facsimile: (646) 682-7180 Sbernstein@stradley.com TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP ATTORNEYS FOR PLAINTIFF YVETTE MCCLAMB Jeremy A. Hellman, Esq. 29* 551 Fifth Avenue, Floor New York, New York 10176 PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT RNC INDUSTRIES, LLC Kenneth J. Kutner, Esq. 60 Broad Street, Suite 3600A New York, New York 10004 MARGARET G. KLEIN & ASSOCIATES ATTORNEYS FOR DEFENDANTS/CROSS-CLAIMANTS KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, AND WALLACK MANAGEMENT CO., INC. Carol Morell, Esq. 2nd 200 Madison Avenue, FlOOr New York, New York 10016 5 # 3766749 v. 2 5 of 7 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 01/02/2019 DEVITT SPELLMAN BARRETT, LLP ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT HOUSING PARTNERSHIP DEVELOPMENT CORPORATION Kelly E. Wright, Esq. 50 Route 11, Suite 314 Smithtown, New York 11787 6 # 3766749 v. 2 6 of 7 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 01/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 154374/2018 YVETTE MCCLAMB, Plaintiff, -against- HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC., Defendants. DEMAND FOR A VERIFIED BILL OF PARTICULARS STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Defendant 100 Park Avenue, Suite 2000 New York, New York 10017 (212) 812-4124 (telephone) Pursuant to 22 NYCRR 130-T1, the undersigned, an anorricy admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions cci;:ai d in the annexed document are not frivolous. Dated: January12019 Signature: Scott H. Bernst 7 of 7