Preview
FILED: KINGS COUNTY CLERK 05/26/2021 01:59 PM INDEX NO. 510433/2019
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/26/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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NICHOLAS GRANT,
Index No.: 510433/2019
Plaintiff, DEMAND FOR A
VERIFIED BILL OF
-against- PARTICULARS TO
PLAINTIFF
147-02 /12 LIBERTY AVE., LLC., JOUVAY NY, INC.
d/b/a JOUVAY NIGHT CLUB, ISAAC J. RIOS, and
PROFESSIONAL CORPORATE SECURITY
SERVICES, INC.,
Defendants.
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PLEASE TAKE NOTICE, that Defendant, 147-02/12 LIBERTY AVE., LLC,
(hereinafter “Defendant”), by its attorneys, BLACK MARJIEH & SANFORD LLP, demand that
PLAINTIFF serve a Verified Bill of Particulars as to the Amended Complaint within twenty (20)
days after the receipt of this Demand providing the following information:
1. Full name, including any and all names by which plaintiff has ever been known,
date of birth, and Social Security number of plaintiff as well as other date of birth and Social
Security number used by plaintiff, if any.
2. Date of occurrence.
3. Time of the occurrence.
4. Address of the premises where the accident occurred (“Subject Premises”).
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, floor
numbers and location thereon, exits or landmarks, streets or elevation heights, stage of
construction, and/or by any sufficiently detailed description which will permit identification of
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the alleged location in which plaintiff claim to have been injured. (Plaintiff may attach a
diagram or the like).
6. Describe the precise manner in which the incident happened and all
instrumentalities involved.
7. Is it claimed that the alleged accident was occasioned by virtue of the lack of
security measures and/or a defective security device/measures. If so: (a) describe the security
measures, and (b) describe the defect.
8. (a) Is it claimed that Plaintiff was a visitor, owner or tenant? If so, please state.
(b) If Plaintiff was a visitor, please state (1) the time Plaintiff arrived (2) names/addresses of
persons plaintiff spoke with while on premises.
9. If it is claimed that Plaintiff was not provided with proper protection or that
safety/security equipment failed, describe the equipment with specificity, including the materials
and nature of the defect, how long the allegedly unsafe condition existed, dimensions of
equipment, its location in relation to other structures, such as stairs, walls, and perimeter of
building by reference to compass points, size (including diameter and circumference) and shape,
materials, proximity to other areas, places or locations, floor numbers and location thereon, exits
or landmarks, floor numbers, streets or elevation heights, and/or by any sufficiently detailed
description which will permit identification. (Plaintiff may attach a diagram or photograph or
the like).
10. Set forth and describe separately and in detail each and every alleged act or
omission of negligence on the part of each and every Defendant which plaintiff will claim caused
or contributed to the alleged occurrence.
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11. If plaintiff claims a specific defect or condition or equipment caused and/or
contributed to the alleged occurrence, set forth the precise nature of the defect and/or condition,
and/or equipment including how and why the accident took place.
12. If it is alleged that each defendant created the condition(s) complained of, state
the date when such condition(s) was (were) caused or created, and by whom.
13. If actual notice of any defect and/or condition is alleged to have been given to this
Defendant please identify for EACH defendant:
a. Person or persons to whom notice was given;
b. Place or places where notice given;
c. Date or dates when given;
d. Whether written or oral notice; and
e. If written, provide a copy of same.
14. If constructive notice on the part of each Defendant is alleged, please identify for
EACH Defendant:
a. The defect/condition of which these 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.
15. Set forth in detail the factual manner in which it is alleged that EACH Defendant
failed or omitted to comply with any provision of law.
16. Set forth in detail all injuries or damages claimed by plaintiff, specifying:
a. the injuries or damages claimed to be permanent;
b. the injuries or damages not claimed to be permanent;
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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 and when the
prior injury took place and how; and
d. whether plaintiff claims any limitation of motion,
loss of use, or loss of function as a result of the injuries
sustained, and if so, state the nature, extent and degree of
permanency thereof.
e. whether plaintiff has ever been involved in a prior accident and
injured the same part(s) of his body claimed to be injured in the present
case.
17. Loss of earnings claimed by plaintiff. In this regard, identify:
a. Name or names of employer(s) and address(es) for
five years prior to the accident and name of all employers
post-accident.
b. For each employer, number of days incapacitated
from employment, setting forth the dates.
c. For each employer, daily, weekly or monthly
earnings.
d. For each employer, total amount of lost earnings
claimed.
e. State whether future lost earnings, or lost earning
capacity is claimed, and the amount claimed.
f. Amount, if any, received from Workers
Compensation, to date.
g. Total amount of income from other sources.
h. State the total number of days, weeks, months that Plaintiff was
unable to work and whether he is presently working.
18. If plaintiff was/is confined to the hospital, identify:
a. Length of time confined, giving dates of admission
and discharge.
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b. Name and address of each hospital.
19. If plaintiff was/is confined to bed or home, identify:
a. Length of time confined to bed, giving dates.
b. Length of time confined to home, giving dates.
c. Each doctor who prescribed bed/home rest.
20. Identify each of the following and also provide a statement of amount of money
actually expended by plaintiff 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.
e. Medical supplies, including appliances, casts,
crutches, splints or bandages and sutures.
f. Medical testing such as x-rays, MRIs, CT scans, etc.
21. A verified statement setting forth the residence or residences and post office
address(es) of the plaintiff at the time of the incident, at the time the amended complaint was
filed, and at present.
22. If any statutes, laws, codes or rules are claimed to have been violated by the
defendants, for EACH defendant set forth the title of any such law and the sections and
subsections or subdivisions claimed to have been violated, including but not limited to
identification of each and every section and subsection pursuant to NYCRR that is alleged to
have been violated.
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23. Set forth all statements made by or on behalf of EACH defendant, or its
employees, agents and/or servants in writing with respect to the occurrence.
24. If it is claimed that this case falls within the exceptions of CPLR Section 1602,
state specifically which exceptions apply, and explain how those exceptions apply for EACH
defendant.
25. State whether any other action has been commenced against any person(s) and/or
entity or entities whom may be jointly or jointly and severally liable with these defendants in
connection with the occurrence alleged in the Amended Complaint. If so, set forth against
whom and in what court(s) such action(s) have been commenced.
26. If loss of service/loss of consortium is claimed: (a) set forth the exact nature of the
service stating what was done or not done as a result of the alleged occurrence; and (b) produce a
copy of plaintiff’s marriage certificate.
27. State whether any person(s) and/or entity or entities who may be jointly or jointly
and severally liable with these defendants has been released or discharged from liability and, if
so, set forth a true copy of said release.
28. With respect to the allegations in the Amended Complaint regarding the premises
where the accident occurred, explain how EACH defendant is alleged to have been involved in
construction and/or renovation work at the premises if by:
(a) written contract; if so, attach a copy, specifying the
provisions relied upon;
(b) oral agreement, if so, the date of such agreement
and by whom such agreement was made; or
(c) operation of law, if so, how.
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29. (a) If itis claimed that negligent repairs were made, state when, where, and by
whom on behalf of each defendant they were made and in what respect such repairs were
negligently performed. (b) If it is claimed that a dangerous condition existed, state the nature of
the defect, when, where and by whom it was created.
30. If constructive notice is claimed for how long a time (in minutes, hours, days,
weeks, etc., as nearly as may be stated) did the condition exist before the occurrence.
31. State plaintiff’s occupation, the nature of work and the name and address of
plaintiff’s employer and/or union affiliation, if any:
a. At the time of the accident;
b. At the present time;
c. if plaintiff is/are self-employed and/or engaged in
some other pursuit, so state and give the address of
such employment and/or pursuit; and/or
d. name of union, length of membership and present standing.
32. If plaintiff is/was a student, state the names and addresses of the schools attended
in the past 10 years and degrees or licenses/certifications received, if any.
33. State the length of time, giving specific dates said plaintiff was incapacitated from
employment, school attendance, and/or from attending his/her usual duties and vocation; the
amount of earnings or wages claimed to have been lost and the rate of wage or basis of
remuneration received by the plaintiff. If lost overtime is claimed, state the rate of wage at
which plaintiff received overtime and the average number of hours of overtime worked per week
in the two years preceding the accident.
34. State the length of time and corresponding dates, plaintiff claim he/she was:
a. totally disabled;
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b. Partially disabled;
c. Unable to pursue his/her usual occupation, and in
what manner.
d. Whether Workers Compensation designated
plaintiff as such and the period of time of same.
e. The amount owed for any Workers’ Compensation
lien, to date.
35. State with specificity:
a. (1) The manner in which plaintiff was injured, (2)
the acts plaintiff was engaged in at the moment
he/she was injured, and (3) how the injury allegedly
could have been prevented.
b. What proper precautions should have been taken to
ensure the safety of the plaintiff?
c. State whether any parties (who are not named
defendants) are alleged to have been directly
involved in/participated in the alleged incident, and
if yes, list same or about and their role at the time of
the accident.
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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 strike, compel compliance, to
preclude, and/or for the imposition of penalties pursuant to the New York Civil Practice Law and
Rules or such other relief as this Court deems just and proper.
Dated: Elmsford, New York
May 26, 2021
BLACK MARJIEH & SANFORD LLP
Attorneys for Defendant
147-02/12 Liberty Ave., LLC
By:
John W. Bieder, Esq.
100 Clearbrook Road
Elmsford, New York 10523
Tel. No. (914) 704-4400
TO:
LAW OFFICES OF BRYAN BARENBAUM
Attorneys for Plaintiff
Nicholas Grant
2060 Eastern Parkway
Brooklyn, New York 11207
Tel. No. (718) 421-1111
JOUVAY NY, INC.
147-02 Liberty Avenue
Jamaica, New York 11435
PROFESSIONAL CORPORATE SECURITY
SERVICES, INC.
C/O 153 Tee Avenue
Central Islip, New York 11722
ISAAC J. RIOS
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Preview
FILED: KINGS COUNTY CLERK 05/26/2021 01:59 PM INDEX NO. 510433/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------X NICHOLAS GRANT, Index No.: 510433/2019 Plaintiff, DEMAND FOR A VERIFIED BILL OF -against- PARTICULARS TO PLAINTIFF 147-02 /12 LIBERTY AVE., LLC., JOUVAY NY, INC. d/b/a JOUVAY NIGHT CLUB, ISAAC J. RIOS, and PROFESSIONAL CORPORATE SECURITY SERVICES, INC., Defendants. ---------------------------------------------------------------------X PLEASE TAKE NOTICE, that Defendant, 147-02/12 LIBERTY AVE., LLC, (hereinafter “Defendant”), by its attorneys, BLACK MARJIEH & SANFORD LLP, demand that PLAINTIFF serve a Verified Bill of Particulars as to the Amended Complaint within twenty (20) days after the receipt of this Demand providing the following information: 1. Full name, including any and all names by which plaintiff has ever been known, date of birth, and Social Security number of plaintiff as well as other date of birth and Social Security number used by plaintiff, if any. 2. Date of occurrence. 3. Time of the occurrence. 4. Address of the premises where the accident occurred (“Subject Premises”). 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, floor numbers and location thereon, exits or landmarks, streets or elevation heights, stage of construction, and/or by any sufficiently detailed description which will permit identification of 1 of 9 FILED: KINGS COUNTY CLERK 05/26/2021 01:59 PM INDEX NO. 510433/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/26/2021 the alleged location in which plaintiff claim to have been injured. (Plaintiff may attach a diagram or the like). 6. Describe the precise manner in which the incident happened and all instrumentalities involved. 7. Is it claimed that the alleged accident was occasioned by virtue of the lack of security measures and/or a defective security device/measures. If so: (a) describe the security measures, and (b) describe the defect. 8. (a) Is it claimed that Plaintiff was a visitor, owner or tenant? If so, please state. (b) If Plaintiff was a visitor, please state (1) the time Plaintiff arrived (2) names/addresses of persons plaintiff spoke with while on premises. 9. If it is claimed that Plaintiff was not provided with proper protection or that safety/security equipment failed, describe the equipment with specificity, including the materials and nature of the defect, how long the allegedly unsafe condition existed, dimensions of equipment, its location in relation to other structures, such as stairs, walls, and perimeter of building by reference to compass points, size (including diameter and circumference) and shape, materials, proximity to other areas, places or locations, floor numbers and location thereon, exits or landmarks, floor numbers, streets or elevation heights, and/or by any sufficiently detailed description which will permit identification. (Plaintiff may attach a diagram or photograph or the like). 10. Set forth and describe separately and in detail each and every alleged act or omission of negligence on the part of each and every Defendant which plaintiff will claim caused or contributed to the alleged occurrence. 2 2 of 9 FILED: KINGS COUNTY CLERK 05/26/2021 01:59 PM INDEX NO. 510433/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/26/2021 11. If plaintiff claims a specific defect or condition or equipment caused and/or contributed to the alleged occurrence, set forth the precise nature of the defect and/or condition, and/or equipment including how and why the accident took place. 12. If it is alleged that each defendant created the condition(s) complained of, state the date when such condition(s) was (were) caused or created, and by whom. 13. If actual notice of any defect and/or condition is alleged to have been given to this Defendant please identify for EACH defendant: a. Person or persons to whom notice was given; b. Place or places where notice given; c. Date or dates when given; d. Whether written or oral notice; and e. If written, provide a copy of same. 14. If constructive notice on the part of each Defendant is alleged, please identify for EACH Defendant: a. The defect/condition of which these 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. 15. Set forth in detail the factual manner in which it is alleged that EACH Defendant failed or omitted to comply with any provision of law. 16. Set forth in detail all injuries or damages claimed by plaintiff, specifying: a. the injuries or damages claimed to be permanent; b. the injuries or damages not claimed to be permanent; 3 3 of 9 FILED: KINGS COUNTY CLERK 05/26/2021 01:59 PM INDEX NO. 510433/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/26/2021 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 and when the prior injury took place and how; and d. whether plaintiff claims any limitation of motion, loss of use, or loss of function as a result of the injuries sustained, and if so, state the nature, extent and degree of permanency thereof. e. whether plaintiff has ever been involved in a prior accident and injured the same part(s) of his body claimed to be injured in the present case. 17. Loss of earnings claimed by plaintiff. In this regard, identify: a. Name or names of employer(s) and address(es) for five years prior to the accident and name of all employers post-accident. b. For each employer, number of days incapacitated from employment, setting forth the dates. c. For each employer, daily, weekly or monthly earnings. d. For each employer, total amount of lost earnings claimed. e. State whether future lost earnings, or lost earning capacity is claimed, and the amount claimed. f. Amount, if any, received from Workers Compensation, to date. g. Total amount of income from other sources. h. State the total number of days, weeks, months that Plaintiff was unable to work and whether he is presently working. 18. If plaintiff was/is confined to the hospital, identify: a. Length of time confined, giving dates of admission and discharge. 4 4 of 9 FILED: KINGS COUNTY CLERK 05/26/2021 01:59 PM INDEX NO. 510433/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/26/2021 b. Name and address of each hospital. 19. If plaintiff was/is confined to bed or home, identify: a. Length of time confined to bed, giving dates. b. Length of time confined to home, giving dates. c. Each doctor who prescribed bed/home rest. 20. Identify each of the following and also provide a statement of amount of money actually expended by plaintiff 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. e. Medical supplies, including appliances, casts, crutches, splints or bandages and sutures. f. Medical testing such as x-rays, MRIs, CT scans, etc. 21. A verified statement setting forth the residence or residences and post office address(es) of the plaintiff at the time of the incident, at the time the amended complaint was filed, and at present. 22. If any statutes, laws, codes or rules are claimed to have been violated by the defendants, for EACH defendant set forth the title of any such law and the sections and subsections or subdivisions claimed to have been violated, including but not limited to identification of each and every section and subsection pursuant to NYCRR that is alleged to have been violated. 5 5 of 9 FILED: KINGS COUNTY CLERK 05/26/2021 01:59 PM INDEX NO. 510433/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/26/2021 23. Set forth all statements made by or on behalf of EACH defendant, or its employees, agents and/or servants in writing with respect to the occurrence. 24. If it is claimed that this case falls within the exceptions of CPLR Section 1602, state specifically which exceptions apply, and explain how those exceptions apply for EACH defendant. 25. State whether any other action has been commenced against any person(s) and/or entity or entities whom may be jointly or jointly and severally liable with these defendants in connection with the occurrence alleged in the Amended Complaint. If so, set forth against whom and in what court(s) such action(s) have been commenced. 26. If loss of service/loss of consortium is claimed: (a) set forth the exact nature of the service stating what was done or not done as a result of the alleged occurrence; and (b) produce a copy of plaintiff’s marriage certificate. 27. State whether any person(s) and/or entity or entities who may be jointly or jointly and severally liable with these defendants has been released or discharged from liability and, if so, set forth a true copy of said release. 28. With respect to the allegations in the Amended Complaint regarding the premises where the accident occurred, explain how EACH defendant is alleged to have been involved in construction and/or renovation work at the premises if by: (a) written contract; if so, attach a copy, specifying the provisions relied upon; (b) oral agreement, if so, the date of such agreement and by whom such agreement was made; or (c) operation of law, if so, how. 6 6 of 9 FILED: KINGS COUNTY CLERK 05/26/2021 01:59 PM INDEX NO. 510433/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/26/2021 29. (a) If itis claimed that negligent repairs were made, state when, where, and by whom on behalf of each defendant they were made and in what respect such repairs were negligently performed. (b) If it is claimed that a dangerous condition existed, state the nature of the defect, when, where and by whom it was created. 30. If constructive notice is claimed for how long a time (in minutes, hours, days, weeks, etc., as nearly as may be stated) did the condition exist before the occurrence. 31. State plaintiff’s occupation, the nature of work and the name and address of plaintiff’s employer and/or union affiliation, if any: a. At the time of the accident; b. At the present time; c. if plaintiff is/are self-employed and/or engaged in some other pursuit, so state and give the address of such employment and/or pursuit; and/or d. name of union, length of membership and present standing. 32. If plaintiff is/was a student, state the names and addresses of the schools attended in the past 10 years and degrees or licenses/certifications received, if any. 33. State the length of time, giving specific dates said plaintiff was incapacitated from employment, school attendance, and/or from attending his/her usual duties and vocation; the amount of earnings or wages claimed to have been lost and the rate of wage or basis of remuneration received by the plaintiff. If lost overtime is claimed, state the rate of wage at which plaintiff received overtime and the average number of hours of overtime worked per week in the two years preceding the accident. 34. State the length of time and corresponding dates, plaintiff claim he/she was: a. totally disabled; 7 7 of 9 FILED: KINGS COUNTY CLERK 05/26/2021 01:59 PM INDEX NO. 510433/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/26/2021 b. Partially disabled; c. Unable to pursue his/her usual occupation, and in what manner. d. Whether Workers Compensation designated plaintiff as such and the period of time of same. e. The amount owed for any Workers’ Compensation lien, to date. 35. State with specificity: a. (1) The manner in which plaintiff was injured, (2) the acts plaintiff was engaged in at the moment he/she was injured, and (3) how the injury allegedly could have been prevented. b. What proper precautions should have been taken to ensure the safety of the plaintiff? c. State whether any parties (who are not named defendants) are alleged to have been directly involved in/participated in the alleged incident, and if yes, list same or about and their role at the time of the accident. 8 8 of 9 FILED: KINGS COUNTY CLERK 05/26/2021 01:59 PM INDEX NO. 510433/2019 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/26/2021 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 strike, compel compliance, to preclude, and/or for the imposition of penalties pursuant to the New York Civil Practice Law and Rules or such other relief as this Court deems just and proper. Dated: Elmsford, New York May 26, 2021 BLACK MARJIEH & SANFORD LLP Attorneys for Defendant 147-02/12 Liberty Ave., LLC By: John W. Bieder, Esq. 100 Clearbrook Road Elmsford, New York 10523 Tel. No. (914) 704-4400 TO: LAW OFFICES OF BRYAN BARENBAUM Attorneys for Plaintiff Nicholas Grant 2060 Eastern Parkway Brooklyn, New York 11207 Tel. No. (718) 421-1111 JOUVAY NY, INC. 147-02 Liberty Avenue Jamaica, New York 11435 PROFESSIONAL CORPORATE SECURITY SERVICES, INC. C/O 153 Tee Avenue Central Islip, New York 11722 ISAAC J. RIOS 9 9 of 9