Preview
FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 09/30/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
X
LUIS ALBERTO HERRERA, Index No.: 512147/2020
Plaintiff,
DEMAND FOR VERIFIED BILL OF
-against- PARTICULARS
THE CITY OF NEW YORK, BELMONT RE, LLC
and SUTTER AVENUE REALTY CO. LLC,
Defendants.
---- X
PLEASE TAKE NOTICE, that Defendant, BELMONT RE. LLC, by its attorneys,
NEWMAN LAW ASSOCIATES PLLC, hereby demands that Plaintiff provide to said attorneys
at 111 John Street, Suite 1500, New York, New York 10038, within twenty (20) days after the
service hereof, a Verified Bill of Particulars containing responses to the following particulars:
1. The date and approximate time of day of the occurrence alleged in the Complaint.
2. The location of the occurrence alleged in the Complaint including distances from
identifiable points of reference, with sufficient detail to permit accurate identification.
3. The acts or omissions constituting the alleged negligence of Defendant.
4. If a defective and/or dangerous condition is alleged, set forth in detail the nature,
manner and location of the particular condition that was responsible, wholly or partially, for the
occurrence alleged in the Complaint.
5. If a dangerous activity is alleged, set forth in detail the nature, manner and
location of the particular activity that was responsible, wholly or partially, for the occurrence
alleged in the Complaint.
6. State how itis claimed the incident occurred.
7. State all the acts and/or omissions constituting the alleged negligence,
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carelessness and wrongdoing on the part of Defendant, its agents, servants and employees
8. State nature and extent of all injuries claimed.
9. Specify allinjuries claimed to be permanent.
10. Identify any witnesses to the accident.
11. State whether it is claimed that Defendant or its agent(s), servant(s) and/or
employee(s), caused or created the alleged condition and/or activity.
12. Ifitis claimed that Defendant or its agent(s), servant(s) and/or employee(s)
caused or created the alleged condition and/or activity, state the names of the persons who
caused or created the alleged condition and/or activity and state the date(s) and time(s) when the
alleged condition and/or activity was caused or created.
13. Set forth with how and in what manner the Defendant was negligent,
specificity
detailing each act of negligence claimed.
14. Set forth a statement of the alleged injuries claimed to have been sustained as a
result of the occurrence alleged in the Complaint, including the approximate date of the onset of
the symptoms of each of the injuries claimed.
15. Set forth a statement of the injuries claimed to be permanent as a result of the
occurrence alleged in the Complaint.
16. Set forth the length of time, including dates, that Plaintiff has been and/or will be
totally disabled and/or partially disabled as a result of the occurrence alleged in the Complaint.
17. State specifically whether or not Plaintiff smtained significant disfigurement as a
result of the occurrence alleged in the Complaint. If so, state the nature and location of that
disfigurement.
18. State whether or not Plaintiff sustained fractures as a result of the occurrence
alleged in the Complaint. If so, state the type and location of said fracture.
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19. State whether or not Plaintiff sustained permanent consequential limitations of a
body function or system as a result of the occurrence alleged in the Complaint. If so, state the
permanent consequential limitation and the body function or system involved.
20. State whether or not Plaintiff was rendered unconscious as a result of the
occurrence alleged in the Complaint.
21. State the length of time that Plaintiff was confined to a hospital or other health
care facility as a result of the occurrence alleged in the Complaint, with the names and addresses
of each such hospital or facility.
22. State the length of time that Plaintiff was confined to the following as a result of
the occurrence alleged in the Complaint, with dates of confinement:
a. bed; and
b. home.
23. Set forth the length of time and the date(s) that Plaintiff was incapacitated from
employment (if applicable) as a result of the occurrence alleged in the Complaint.
24. State the name(s) and addresses of the employer(s) concerning Plaintiff's
employment, together with a description of said employrnent, including, without limitation, the
amount of weekly and yearly wages, gross and net, received by Plaintiff at the time of the
occurrence. If self-employed, state income for each of the three (3) years preceding and up to
the occurrence alleged in the Complaint and one (1) year subsequent to the occurrence alleged in
the Complaint.
25. Set forth the total amount which Plaintiff claims to have sustained and/or the total
amount Plaintiff claims will be sustained in lost earnings/wages as a result of the occurrence
alleged in the Complaint.
26. Set forth by Chapter, Article, Section and Paragraph each statute, ordinance, rule
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or regulation, if any, which it is claimed Defendant violated with reference to the occurrence
alleged in the Complaint.
27. Set forth Plaintiff's residence and post office addresses, now and at the time of the
occurrence alleged in the Complaint.
28. Set forth Plaintiff's dates of birth.
29. Set forth Plaintiff's social security number.
30. With respect to medical care and treatment rendered to Plaintiff (if any) following
the subject occurrence, set forth the following:
a. Names and addresses of any hospital(s) rendering medical care and
treatment and the date(s) of said care and treatment;
b. Names and addresses of any doctor(s)/ physician(s) rendering medical
care and treatment as well as the date(s) and place(s) of each said care
and/or treatment by, or visit to, such doctor(s)/physician(s);
c. Names and addresses of any physical and/or mental therapist(s) rendering
treatment, care or examination and the names and addresses of such
therapist(s), as well as the date(s) and place(s) of each said treatment,
care and/or examination by, or visit to, said therapist(s). Please also,
indicate the said therapist's area of expertise.
31. Set forth the total amount claimed as special damages for the following, and in
each instance set forth the dates that care is alleged to have been rendered and the names and
addresses of the providers:
Physicians'
a. services;
b. Medical supplies;
c. X-rays;
d. Hospital expenses;
Nurses'
e. services, together with the names and addresses to whom paid;
and
f. All other expenses, damages and injuries which will be claimed by the
plaintiff, including but not limited to household help expenses, together
with the names and addresses of the recipients thereof.
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32. Set forth each occurrence prior to the occurrence alleged in the Complaint, in
which Plaintiff sustained an injury to any portion of her body alleged to have been injured during
the occurrence alleged in the Complaint and whether or not medical care was obtained. If
medical care was obtained, set forth the names and addresses of each and every health care
facility/physician/ therapist who treated or examined Plaintiff for such prior injury.
33. State whether the occurreñce alleged in the Complaint was reported to Defendant
or anyone on the behalf of Defendant. If the occurrence was reported:
a. State the dates, times and places the occurrence was reported and the
names of the persons on behalf of Defendant to whom itwas reported.;
b. State whether the said report was in writing or verbal each time it was
reported to defendant.
34. Set forth Plaintiff's marital status.
PLEASE TAKE FURTHER NOTICE that failure to comply with this demand will
serve as a basis for a motion to preclude Plaintiff from offering into evidence any of the
particulars demanded herein.
Dated: New York, New York
September 30, 2020
NEWMAN LAW ASSOCIATES C
By:
Ja . Warshaw, Esq.
ttorneys for Defendant
BELMONT RE. LLC
111 John Street, Suite 1500
New York, New York 10038
(212) 945-1010
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TO:
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiff
LUIS ALBERTO HERRERA
23rd
150 Broadway, Floor
New York, New York 10038
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant
SUTTER AVENUE REALTY CO. LLC
1
55 Water Street, 28 Floor
New York, New York 10041
CORPORATION COUNSEL
Attorneys for Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
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Preview
FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 09/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X LUIS ALBERTO HERRERA, Index No.: 512147/2020 Plaintiff, DEMAND FOR VERIFIED BILL OF -against- PARTICULARS THE CITY OF NEW YORK, BELMONT RE, LLC and SUTTER AVENUE REALTY CO. LLC, Defendants. ---- X PLEASE TAKE NOTICE, that Defendant, BELMONT RE. LLC, by its attorneys, NEWMAN LAW ASSOCIATES PLLC, hereby demands that Plaintiff provide to said attorneys at 111 John Street, Suite 1500, New York, New York 10038, within twenty (20) days after the service hereof, a Verified Bill of Particulars containing responses to the following particulars: 1. The date and approximate time of day of the occurrence alleged in the Complaint. 2. The location of the occurrence alleged in the Complaint including distances from identifiable points of reference, with sufficient detail to permit accurate identification. 3. The acts or omissions constituting the alleged negligence of Defendant. 4. If a defective and/or dangerous condition is alleged, set forth in detail the nature, manner and location of the particular condition that was responsible, wholly or partially, for the occurrence alleged in the Complaint. 5. If a dangerous activity is alleged, set forth in detail the nature, manner and location of the particular activity that was responsible, wholly or partially, for the occurrence alleged in the Complaint. 6. State how itis claimed the incident occurred. 7. State all the acts and/or omissions constituting the alleged negligence, 1 of 6 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 09/30/2020 carelessness and wrongdoing on the part of Defendant, its agents, servants and employees 8. State nature and extent of all injuries claimed. 9. Specify allinjuries claimed to be permanent. 10. Identify any witnesses to the accident. 11. State whether it is claimed that Defendant or its agent(s), servant(s) and/or employee(s), caused or created the alleged condition and/or activity. 12. Ifitis claimed that Defendant or its agent(s), servant(s) and/or employee(s) caused or created the alleged condition and/or activity, state the names of the persons who caused or created the alleged condition and/or activity and state the date(s) and time(s) when the alleged condition and/or activity was caused or created. 13. Set forth with how and in what manner the Defendant was negligent, specificity detailing each act of negligence claimed. 14. Set forth a statement of the alleged injuries claimed to have been sustained as a result of the occurrence alleged in the Complaint, including the approximate date of the onset of the symptoms of each of the injuries claimed. 15. Set forth a statement of the injuries claimed to be permanent as a result of the occurrence alleged in the Complaint. 16. Set forth the length of time, including dates, that Plaintiff has been and/or will be totally disabled and/or partially disabled as a result of the occurrence alleged in the Complaint. 17. State specifically whether or not Plaintiff smtained significant disfigurement as a result of the occurrence alleged in the Complaint. If so, state the nature and location of that disfigurement. 18. State whether or not Plaintiff sustained fractures as a result of the occurrence alleged in the Complaint. If so, state the type and location of said fracture. 2 of 6 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 09/30/2020 19. State whether or not Plaintiff sustained permanent consequential limitations of a body function or system as a result of the occurrence alleged in the Complaint. If so, state the permanent consequential limitation and the body function or system involved. 20. State whether or not Plaintiff was rendered unconscious as a result of the occurrence alleged in the Complaint. 21. State the length of time that Plaintiff was confined to a hospital or other health care facility as a result of the occurrence alleged in the Complaint, with the names and addresses of each such hospital or facility. 22. State the length of time that Plaintiff was confined to the following as a result of the occurrence alleged in the Complaint, with dates of confinement: a. bed; and b. home. 23. Set forth the length of time and the date(s) that Plaintiff was incapacitated from employment (if applicable) as a result of the occurrence alleged in the Complaint. 24. State the name(s) and addresses of the employer(s) concerning Plaintiff's employment, together with a description of said employrnent, including, without limitation, the amount of weekly and yearly wages, gross and net, received by Plaintiff at the time of the occurrence. If self-employed, state income for each of the three (3) years preceding and up to the occurrence alleged in the Complaint and one (1) year subsequent to the occurrence alleged in the Complaint. 25. Set forth the total amount which Plaintiff claims to have sustained and/or the total amount Plaintiff claims will be sustained in lost earnings/wages as a result of the occurrence alleged in the Complaint. 26. Set forth by Chapter, Article, Section and Paragraph each statute, ordinance, rule 3 of 6 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 09/30/2020 or regulation, if any, which it is claimed Defendant violated with reference to the occurrence alleged in the Complaint. 27. Set forth Plaintiff's residence and post office addresses, now and at the time of the occurrence alleged in the Complaint. 28. Set forth Plaintiff's dates of birth. 29. Set forth Plaintiff's social security number. 30. With respect to medical care and treatment rendered to Plaintiff (if any) following the subject occurrence, set forth the following: a. Names and addresses of any hospital(s) rendering medical care and treatment and the date(s) of said care and treatment; b. Names and addresses of any doctor(s)/ physician(s) rendering medical care and treatment as well as the date(s) and place(s) of each said care and/or treatment by, or visit to, such doctor(s)/physician(s); c. Names and addresses of any physical and/or mental therapist(s) rendering treatment, care or examination and the names and addresses of such therapist(s), as well as the date(s) and place(s) of each said treatment, care and/or examination by, or visit to, said therapist(s). Please also, indicate the said therapist's area of expertise. 31. Set forth the total amount claimed as special damages for the following, and in each instance set forth the dates that care is alleged to have been rendered and the names and addresses of the providers: Physicians' a. services; b. Medical supplies; c. X-rays; d. Hospital expenses; Nurses' e. services, together with the names and addresses to whom paid; and f. All other expenses, damages and injuries which will be claimed by the plaintiff, including but not limited to household help expenses, together with the names and addresses of the recipients thereof. 4 of 6 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 09/30/2020 32. Set forth each occurrence prior to the occurrence alleged in the Complaint, in which Plaintiff sustained an injury to any portion of her body alleged to have been injured during the occurrence alleged in the Complaint and whether or not medical care was obtained. If medical care was obtained, set forth the names and addresses of each and every health care facility/physician/ therapist who treated or examined Plaintiff for such prior injury. 33. State whether the occurreñce alleged in the Complaint was reported to Defendant or anyone on the behalf of Defendant. If the occurrence was reported: a. State the dates, times and places the occurrence was reported and the names of the persons on behalf of Defendant to whom itwas reported.; b. State whether the said report was in writing or verbal each time it was reported to defendant. 34. Set forth Plaintiff's marital status. PLEASE TAKE FURTHER NOTICE that failure to comply with this demand will serve as a basis for a motion to preclude Plaintiff from offering into evidence any of the particulars demanded herein. Dated: New York, New York September 30, 2020 NEWMAN LAW ASSOCIATES C By: Ja . Warshaw, Esq. ttorneys for Defendant BELMONT RE. LLC 111 John Street, Suite 1500 New York, New York 10038 (212) 945-1010 5 of 6 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 09/30/2020 TO: SUBIN ASSOCIATES, LLP Attorneys for Plaintiff LUIS ALBERTO HERRERA 23rd 150 Broadway, Floor New York, New York 10038 EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant SUTTER AVENUE REALTY CO. LLC 1 55 Water Street, 28 Floor New York, New York 10041 CORPORATION COUNSEL Attorneys for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 6 of 6