Preview
FILED: KINGS COUNTY CLERK 03/19/2015 02:54 PM INDEX NO. 510059/2014
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/19/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------------)(
GERMAN PRADO,
Index No.: 510059/2014
Plaintiff,
DEMAND FORA
-against- VERIFIED BILL OF
PARTICULARS
THE NORTH FLATS, LLC, NORTH FLATS, LLC and
BUILDING DEV. CORP.,
Defendants.
-------------------------------------------------------------------------)(
PLEASE TAKE NOTICE, that Defendants, THE NORTH FLATS, LLC and
BUILDING DEV. CORP., by their attorneys, TRAUB LIEBERMAN STRAUS &
SHREWSBERRY LLP, demand that plaintiff serve a Verified Bill of Particulars within thirty
(30) days of the date of this demand, providing the following information:
1. Date of birth and Social Security number of plaintiff;
2. Date of occurrence.
3. Time of the occurrence.
4. N arne, address and telephone number of plaintiffs employer at the time of the
occurrence.
5. Describe the exact area, place or location where the occurrence took place, by
reference to compass points, size and shape, proximity to other areas, places or
locations, exits or landmarks, or by any sufficiently detailed description which
will permit identification. (Plaintiff may attach a diagram).
6. Describe the precise manner in which the occurrence happened and all
instrumentalities involved.
7. Set forth and describe, in detail, each and every alleged act or omission of
negligence on the part of each defendant, separately with respect to each named
defendant, which plaintiff will claim caused or contributed to the alleged
occurrence.
8. Set forth and describe, in detail, each and every alleged act or omission of
intentional tort on the part of each defendant, separately with respect to each
named defendant, which plaintiff will claim caused or contributed to the alleged
occurrence.
9. Set forth and describe, in detail, each and every alleged act or omission giving rise
to the right to claim punitive damages on the part of each defendant, separately
with respect to each named defendant, which plaintiff will claim caused or
contributed to the alleged occurrence.
10. If plaintiff claims a defect or condition caused and/or contributed to the alleged
occurrence, set forth the precise nature of the defect and/or condition.
11. If it is alleged that defendants created the condition(s) complained of, state the
date when such condition(s) was (were) caused or created, and by whom.·
12. If actual notice of any defect and/or condition is alleged to have been give to
defendant, please identify:
a. Person or persons to whom given;
b. Place or places where given;
c. Date or dates when given;
d. Whether written or oral notice; and
e. If written, provide a copy of same.
13. If constructive notice on the part of defendants is alleged, please identify:
a. The defect/condition of which defendants had constructive notice; and
b. Duration of condition (in minutes, hours or days or otherwise) and time of
inception, from which constructive notice will be claimed.
14. Set forth in detail all InJunes or damages claimed by plaintiff, physical or
otherwise, specifying:
a. the injuries or damages claimed to be permanent;
b. the injuries or damages not claimed to be permanent;
c. whether any claim is made for exacerbation of pre-existing injuries or
conditions, and if so, specify the injury or condition claimed to be
exacerbated.
2
15. Loss of earnings claimed. In this regard, identify:
a. Name or names of employer(s) and address(es).
b. Number of days incapacitated from employment, setting forth the dates.
c. Daily, weekly or monthly earnings.
d. Total amount of lost earnings claimed.
e. State whether future lost earnings, or lost earning capacity is claimed, and
the amount claimed.
f. Identify all theories upon which it will be claimed that the plaintiff
sustained a "serious injury" pursuant to the New York State Insurance
Law and identify any and all categories under Insurance Law §51 02(d)
upon which the plaintiff will claim the existence of such a "serious
injury".
16. If confined to hospital, identify:
a. Length of time confined, giving dates.
b. Name and address of hospital.
17. If confined to bed or home, identify:
a. Length of time confined to bed, giving dates.
b. Length of time confined to home, giving dates.
18. Statement of amount of money actually expanded for the following:
a. Hospital and dates of visits (identify hospital).
b. Physicians and dates of visits (identify physicians).
:·.:.
,.···
c. Nurses and dates of visits (identify nurses).
d. Medicines and dates obtained.
19. A verified statement setting forth the residence or residences and post office
address of the plaintiff.
20. If any statutes, laws, codes or rules are claimed to have violated by the defendant,
set forth the titleof any such law and the sections or sections and subsections claimed to have
been violated.
3
21. If itis claimed that this case falls within the exceptions of CPLR Section 1602,
state specifically which exceptions apply, and explain how those exceptions apply.
22. Set forth in detail the manner in which defendant violated the Labor Law of the
State ofNew York as alleged in plaintiffs Complaint.
PLEASE TAKE FURTHER NOTICE that your failure to respond in a timely fashion
or to comply fully with this demand may result in a motion to compel compliance, to preclude,
and/or for the imposition of penalties pursuant to Rule 304(d) to New York's Civil Practice Law
and Rules, disbursements and attorneys' fees of this action and for such other and further relief as
this Court deems just and proper.
Dated: Hawthorne, New York
March 19, 2015
Yours, etc.
TRAUB LIEBERMAN STRAUS
& SHREWSBERRY, LLP
By:
Evan B. Rudnicki, Esq.
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
(914) 347-2600
Attorneys for Defendants
The North Flats, LLC and
Building Dev. Corp.
TO: ISAACSON SCHIOWITZ & KORSON, LLP
Martin Schiowitz, Esq.
371 Merrick Road, Suite 302
Rockville Centre, New York 11570
(516) 208-1300
Attorneys for Plaintiff
4
Preview
FILED: KINGS COUNTY CLERK 03/19/2015 02:54 PM INDEX NO. 510059/2014 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/19/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------------)( GERMAN PRADO, Index No.: 510059/2014 Plaintiff, DEMAND FORA -against- VERIFIED BILL OF PARTICULARS THE NORTH FLATS, LLC, NORTH FLATS, LLC and BUILDING DEV. CORP., Defendants. -------------------------------------------------------------------------)( PLEASE TAKE NOTICE, that Defendants, THE NORTH FLATS, LLC and BUILDING DEV. CORP., by their attorneys, TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP, demand that plaintiff serve a Verified Bill of Particulars within thirty (30) days of the date of this demand, providing the following information: 1. Date of birth and Social Security number of plaintiff; 2. Date of occurrence. 3. Time of the occurrence. 4. N arne, address and telephone number of plaintiffs employer at the time of the occurrence. 5. Describe the exact area, place or location where the occurrence took place, by reference to compass points, size and shape, proximity to other areas, places or locations, exits or landmarks, or by any sufficiently detailed description which will permit identification. (Plaintiff may attach a diagram). 6. Describe the precise manner in which the occurrence happened and all instrumentalities involved. 7. Set forth and describe, in detail, each and every alleged act or omission of negligence on the part of each defendant, separately with respect to each named defendant, which plaintiff will claim caused or contributed to the alleged occurrence. 8. Set forth and describe, in detail, each and every alleged act or omission of intentional tort on the part of each defendant, separately with respect to each named defendant, which plaintiff will claim caused or contributed to the alleged occurrence. 9. Set forth and describe, in detail, each and every alleged act or omission giving rise to the right to claim punitive damages on the part of each defendant, separately with respect to each named defendant, which plaintiff will claim caused or contributed to the alleged occurrence. 10. If plaintiff claims a defect or condition caused and/or contributed to the alleged occurrence, set forth the precise nature of the defect and/or condition. 11. If it is alleged that defendants created the condition(s) complained of, state the date when such condition(s) was (were) caused or created, and by whom.· 12. If actual notice of any defect and/or condition is alleged to have been give to defendant, please identify: a. Person or persons to whom given; b. Place or places where given; c. Date or dates when given; d. Whether written or oral notice; and e. If written, provide a copy of same. 13. If constructive notice on the part of defendants is alleged, please identify: a. The defect/condition of which defendants had constructive notice; and b. Duration of condition (in minutes, hours or days or otherwise) and time of inception, from which constructive notice will be claimed. 14. Set forth in detail all InJunes or damages claimed by plaintiff, physical or otherwise, specifying: a. the injuries or damages claimed to be permanent; b. the injuries or damages not claimed to be permanent; c. whether any claim is made for exacerbation of pre-existing injuries or conditions, and if so, specify the injury or condition claimed to be exacerbated. 2 15. Loss of earnings claimed. In this regard, identify: a. Name or names of employer(s) and address(es). b. Number of days incapacitated from employment, setting forth the dates. c. Daily, weekly or monthly earnings. d. Total amount of lost earnings claimed. e. State whether future lost earnings, or lost earning capacity is claimed, and the amount claimed. f. Identify all theories upon which it will be claimed that the plaintiff sustained a "serious injury" pursuant to the New York State Insurance Law and identify any and all categories under Insurance Law §51 02(d) upon which the plaintiff will claim the existence of such a "serious injury". 16. If confined to hospital, identify: a. Length of time confined, giving dates. b. Name and address of hospital. 17. If confined to bed or home, identify: a. Length of time confined to bed, giving dates. b. Length of time confined to home, giving dates. 18. Statement of amount of money actually expanded for the following: a. Hospital and dates of visits (identify hospital). b. Physicians and dates of visits (identify physicians). :·.:. ,.··· c. Nurses and dates of visits (identify nurses). d. Medicines and dates obtained. 19. A verified statement setting forth the residence or residences and post office address of the plaintiff. 20. If any statutes, laws, codes or rules are claimed to have violated by the defendant, set forth the titleof any such law and the sections or sections and subsections claimed to have been violated. 3 21. If itis claimed that this case falls within the exceptions of CPLR Section 1602, state specifically which exceptions apply, and explain how those exceptions apply. 22. Set forth in detail the manner in which defendant violated the Labor Law of the State ofNew York as alleged in plaintiffs Complaint. PLEASE TAKE FURTHER NOTICE that your failure to respond in a timely fashion or to comply fully with this demand may result in a motion to compel compliance, to preclude, and/or for the imposition of penalties pursuant to Rule 304(d) to New York's Civil Practice Law and Rules, disbursements and attorneys' fees of this action and for such other and further relief as this Court deems just and proper. Dated: Hawthorne, New York March 19, 2015 Yours, etc. TRAUB LIEBERMAN STRAUS & SHREWSBERRY, LLP By: Evan B. Rudnicki, Esq. Mid-Westchester Executive Park Seven Skyline Drive Hawthorne, New York 10532 (914) 347-2600 Attorneys for Defendants The North Flats, LLC and Building Dev. Corp. TO: ISAACSON SCHIOWITZ & KORSON, LLP Martin Schiowitz, Esq. 371 Merrick Road, Suite 302 Rockville Centre, New York 11570 (516) 208-1300 Attorneys for Plaintiff 4