Preview
FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----__------______________________________-------¬---------X
HOWARD LOCKRIDGE, Index No.: 521855/18
Plaintiff, VERIFIED ANSWER
TO VERIFIED COMPLAINT
-against-
TALLA REALTY LLC
Defendant.
------------ x
The Defendant, TALLA REALTY LLC (also referred to herein as "this answering
defendant"), by its attorney(s), McMAHON, MARTINE & GALLAGHER, LLP, as and for its
Verified Answer to the plaintiff's Verified Complaiñt, respectfully alleges as follows upon
information and belief:
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation contained in paragraph: "1".
Denies each and every allegation contained in paragraph: "2".
Admits the allegations in paragraph: "3".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation contained in paragraph: "4", leaving all questions of law and ultimate fact to the trial
of this action.
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation contained in paragraph: "5", leaving all questions of law and ultimate fact to the trial
of this action.
1 of 13
FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation contained in paragraph: "6", leaving all questions of law and ultimate fact to the trial
of this action.
Admits the allegations in paragraph: "7".
Admits the allegations in paragraph: "8".
Denies each and every allegation contained in paragraph: "9".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation contained in paragraph: "10", leaving all questions of law and ultimate fact to the trial
of this action.
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation contained in paragraph: "11", leaving all questions of law and ultimate fact to the trial
of this action.
Denies each and every allegation contained in paragraph: "12".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation contained in paragraph: "13", leaving all questions of law and ultimate fact to the trial
of this action.
Denies each and every allegation contained in paragraph: "14".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation contained in paragraph: "15", leaving all questions of law and ultimate fact to the trial
of this action.
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation contained in paragraph: "16", leaving all questions of law and ultimate fact to the trial
of this action.
2 of 13
FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation contained in paragraph: "17", leaving all questions of law and ultimate fact to the trial
of this action.
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation contained in paragraph: "18", leaving all questions of law and ultimate fact to the trial
of this action.
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation contained in paragraph: "19", leaving all questions of law and ultimate fact to the trial
of this action.
Denies each and every allegation contained in paragraph: "20".
Denies each and every allegation contained in paragraph: "21".
Denies each and allegation contained in paragraph: "22".
every
Denies each and every allegation contained in paragraph: "23".
Denies each and every allegation contained in paragraph: "24".
Denies each and every allegation contained in paragraph: "25".
Denies each and every allegation contained in paragraph: "26".
Denies each and every allegation contained in paragraph: "27".
Denies each and every allegation contained in paragraph: "28".
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
That the plaintiff, herein was guilty of culpable conduct, including contributory
negligence, which said conduct bars plaintiff's right of recovery or diminishes Plaintiff's, right
of recovery in proportion to which the said culpable conduct or negligence attributable to
plaintiff bears to the culpable conduct or negligence which caused the damages, if any, or the
3 of 13
FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018
occurrence complained of by the plaintiff was caused in whole or in part by the assumption of
risk by the plaintiff.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
That the plaintiff's injuries were caused in whole or in part by the culpable conduct
attributable to third parties, and the amount of damages otherwise recoverable shall be
diminished in the proportion to which the culpable conduct attributable to third parties bears to
the culpable conduct which caused said damages pursuant to CPLR 1601.
AS AND FOR A THIRD AFFIRMATIVE DEF_ENSE:
That none of the exemptions set forth in Article 16 of the CPLR applies to this matter,
and in addition, this answering Defendant hereby asserts, that in the event one or all of them is
found liable to the plaintiff, this answering Defendant's liability is limited pursuant to the
appropriate sections of Article 16 of the CPLR.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
That upon information and belief, the plaintiff's injuries and damages, if any, were
caused by the intervening acts of the third-parties unrelated to this answering Defendant.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
That this answering Defendant claims the benefits of each and every provision of CPLR
Section § 4545, including but not limited to, any credit or off-set by reason of any replacement or
indemnification of costs or expenses from any collateral source.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
That allegations set forth in the Complaint are governed by Article 50 of the Civil
Practice Law and Rules.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE:
4 of 13
FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018
That any injuries sustained by the plaintiff was not caused by any negligence or
carelessness on the part of this answering Defendant, their agents, servants and/or employees but
were caused or contributed to by the negligence and carelessness of the plaintiff or some third-
party or parties over which this answering Defendant had no control and for whose conduct this
answering Defendant is not responsible.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
The damages alleged to have been sustained by the plaintiff, if any, were caused in whole
or in part by a trivial or non-substantial defect.
AS AND FOR_A NINTH AFFIRMATIVE DEFENSE:
In the event that any person or entity liable or claimed to be liable for the injury alleged
in this action has been given or may hereafter be given a release or covenant not to sue, this
answering defendant is or will be entitled to protection under General Obligations Law § 15-108
and the corresponding reduction of any damages which may be determined to be due against this
answering defendant.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
Plaintiff failed to mitigate his damages.
WHEREFORE, the defendant demands judgment dismissing the Plaintiff's Complaint,
and further demands apportionment of responsibility for the alleged occurreñce as found by the
Court or jury; together with the costs, disbursements legal and investigation fees incurred in the
defense of this action.
Dated: Brooklyn, New York
December 13, 2018
5 of 13
FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018
Yours, etc.,
McMAHON, MARTINE & GALLAGHER, LLP
Attorneys for Defendant TALLA REALTY LLC
55 Washington Street, 7th Floor
Brooklyn, New York 11201
TO: SEE ATTACHED RIDER (212) 747-1230
Our File No.: 994.0043
6 of 13
FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018
STATE OF NEW YORK )
ATTORNEY'S VERIFICATION
)SS.:
COUNTY OF KINGS)
I, the undersigned, an attorney admitted to practice in the Courts of the State of New
York state that I am a member of the law firm of McMAHON, MARTINE & GALLAGHER,
LLP, the attorneys for Defendant TALLA REALTY LLC in the above entitled action.
I have read the foregoing VERIFIED ANSWER TO VERIFIED COMPLAINT and know
the contents thereof; it is true to my knowledge, except as to the matters therein stated to be
alleged upon information and belief, and as to those matters, I believe it to be true. The source of
my information and the grounds of my belief are statements, letters, and reports examined by me
relative to the matters referred to in the annexed VERIFIED ANSWER TO VERIFIED
COMPLAINT.
The reason this verification is made by me instead of by defendant is that I am in
possession of the material information on which this action is based.
I affirm that the above is true under the penalties of perjury, pursuant to Rule 2106 of the
Civil Practice Law and Rules.
Dated: Brooklyn, New York
December 13, 2018
ANTHO D. MARTINE
7 of 13
FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------- -------------------------- ---x
HOWARD LOCKRIDGE, Index No.: 521855/18
Plaintiff,
-against- DEMAND FOR VERIFIED
BILL OF PARTICULARS
TALLA REALTY LLC,
Defendant.
--- -------------------x
S I R S:
PLEASE TAKE NOTICE, that McMAHON, MARTINE & GALLAGHER, LLP,
attorneys for Defendant TALLA REALTY LLC, pursuant to 3041 to 3044 of the CPLR, hereby
deniand that you serve upon the undersigned, a Verified Bill of Particulars, pursuant to the
underlying demand:
1. State the date and time of the day of the occurrence.
2. State the exact location of the occurrence in sufficient detail to permit definite
identification.
3. State whether the claimed defective condition was on a curb or a sidewalk slab.
4. State how it is claimed the accident occurred.
4. State all of the acts and/or omissions constituting the negligence claim against this
answering defendant.
5. State any and all laws, rules, regulations or ordinances, as well as standards, Federal,
State or Local it is claimed to be either applicable for the occurrence or has been violated by this
answering defendant.
8 of 13
FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018
6. If actual notice is claimed, state when and to whom such notice was given, and
whether such notice was oral or in writing.
7. If it is claimed that constructive notice is chargeable to this answering defendant
state what they had notice of and how long it is claimed the condition existed prior to the day of the
accident.
8. Describe the defective condition that you claim this answering defendant had notice
of.
9. State where on the premises you were when you were injured.
10. State how the dangerous condition caused your injuries.
11. State for what purpose you were at the subject location.
12. State if you fell to the ground.
13. State how long the defective condition existed prior to the alleged occurrence.
14. If said occurrence took place by reason of active negligence, state when same was
committed and who on behalf of this answering defendant committed the acts complaiñed of.
15. If said occurrence took place by reason of improper or defective repair, state when
said repairs were performed and who on behalf of this answering defendant performed the repairs.
16. If said occurrence took place by reason of a foreign substance, state the nature
thereof and how long it was present prior to the accident.
17. State the nature and extent of all injuries.
18. Specify those injuries claimed to be peññañent.
19. Accurately state the length of time confined to bed.
20. Accurately state the length of time confined to home.
9 of 13
FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018
21. State the name of each and every hospital and medical institution where any
treatment or examination was rendered and the length of time, if any, confined therein.
22. If it is claimed plaintiff was treated by a physician other than one at the hospital or
clinic, give the name of said physicians, and his/her address stating the number of treatments it is
claimed the plaintiff made to each of the physicians specified above.
23. a. State the usual business, or, if plaintiff was not employed, and attends school, the
name and address of the school attended at the time of the accident, and the present school attended
by plaintiff, and the amount of time the plaintiff was absent from employment or school, and, if a
student at the time of the accident, give the grade he/she is presently in.
b. If plaintiff was employed at the time of the accident, state:
(a) Plaintiff s occupation.
(b) Length of time plaintiff lost from work as a result of the injuries
allegedly sustained in this accident.
(c) Lost earnings alleged as a result of lost time alleged.
24. State the plaintiff s date and place of birth, present address and social security
number.
25. The total amounts claimed by the plaintiff as special damages for:
(a) Medical, surgical and dental services; stating separately
the amount of each service identifying by whom the service
was rendered.
(b) Hospital services, stating separately the name and
address of each hospital, and the amount of each bill.
(c) Nursing services.
(d) Services for ambulance, x-rays, prescription drugs and
prosthetics; stating separately the amount of each and the
service for which it was rendered.
10 of 13
FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018
(e) Any other item of expense or damage.
PLEASE TAKE NOTICE, that failure to comply with the foregoing will result in
an application to the Court for appropriate relief.
PLEASE TAKE NOTICE, that failure to comply with the foregoing will result in
an application to the Court for appropriate relief.
Dated: Brooklyn, New York
December 13, 2018
Yours, etc.,
McMAHON, MARTINE & GALLAGHER, LLP
Attorneys for Defendant
TALLA REALTY
55 Washington Street, 7th Floor
Brooklyn, New York 11201
(212) 747-1230
Our File No.: 994.0043
TO: SEE ATTACHED RIDER
11 of 13
FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018
RIDER
ASHER & ASSOCIATES, P.C.
Attorneys for
Plaintiff
14d1
111 John Street, Floor
New York, New York 10038
Attn.: Roberta D. Asher, Esq.
(212) 227-5000
12 of 13
FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.: 521855/18
HOWARD LOCKRIDGE,
Plaintiff,
-against-
TALLA REALTY LLC
Defendants.
VERIFIED ANSWER TO VERIFIED COMPLAINT WITH DEMAND FOR
VERIFIED BILL OF PARTICULARS
McMAHON, MARTINE & GALLAGHER, LLP
ATTORNEYS FOR DEFENDANT TALLA REALTY LLC
55 WASHINGTON STREET, SUITE 720
BROOKLYN, N.Y. 11201
(212) 747-1230
All Documsr:ts Contained Herein Certified Pursuant to Rule 130 :
ANTHONY D. MARTINE
STATE OF NEW YORK, COUNTY OF KINGS ss:
Preview
FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----__------______________________________-------¬---------X HOWARD LOCKRIDGE, Index No.: 521855/18 Plaintiff, VERIFIED ANSWER TO VERIFIED COMPLAINT -against- TALLA REALTY LLC Defendant. ------------ x The Defendant, TALLA REALTY LLC (also referred to herein as "this answering defendant"), by its attorney(s), McMAHON, MARTINE & GALLAGHER, LLP, as and for its Verified Answer to the plaintiff's Verified Complaiñt, respectfully alleges as follows upon information and belief: Denies knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraph: "1". Denies each and every allegation contained in paragraph: "2". Admits the allegations in paragraph: "3". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraph: "4", leaving all questions of law and ultimate fact to the trial of this action. Denies knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraph: "5", leaving all questions of law and ultimate fact to the trial of this action. 1 of 13 FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018 Denies knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraph: "6", leaving all questions of law and ultimate fact to the trial of this action. Admits the allegations in paragraph: "7". Admits the allegations in paragraph: "8". Denies each and every allegation contained in paragraph: "9". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraph: "10", leaving all questions of law and ultimate fact to the trial of this action. Denies knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraph: "11", leaving all questions of law and ultimate fact to the trial of this action. Denies each and every allegation contained in paragraph: "12". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraph: "13", leaving all questions of law and ultimate fact to the trial of this action. Denies each and every allegation contained in paragraph: "14". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraph: "15", leaving all questions of law and ultimate fact to the trial of this action. Denies knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraph: "16", leaving all questions of law and ultimate fact to the trial of this action. 2 of 13 FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018 Denies knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraph: "17", leaving all questions of law and ultimate fact to the trial of this action. Denies knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraph: "18", leaving all questions of law and ultimate fact to the trial of this action. Denies knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraph: "19", leaving all questions of law and ultimate fact to the trial of this action. Denies each and every allegation contained in paragraph: "20". Denies each and every allegation contained in paragraph: "21". Denies each and allegation contained in paragraph: "22". every Denies each and every allegation contained in paragraph: "23". Denies each and every allegation contained in paragraph: "24". Denies each and every allegation contained in paragraph: "25". Denies each and every allegation contained in paragraph: "26". Denies each and every allegation contained in paragraph: "27". Denies each and every allegation contained in paragraph: "28". AS AND FOR A FIRST AFFIRMATIVE DEFENSE: That the plaintiff, herein was guilty of culpable conduct, including contributory negligence, which said conduct bars plaintiff's right of recovery or diminishes Plaintiff's, right of recovery in proportion to which the said culpable conduct or negligence attributable to plaintiff bears to the culpable conduct or negligence which caused the damages, if any, or the 3 of 13 FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018 occurrence complained of by the plaintiff was caused in whole or in part by the assumption of risk by the plaintiff. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: That the plaintiff's injuries were caused in whole or in part by the culpable conduct attributable to third parties, and the amount of damages otherwise recoverable shall be diminished in the proportion to which the culpable conduct attributable to third parties bears to the culpable conduct which caused said damages pursuant to CPLR 1601. AS AND FOR A THIRD AFFIRMATIVE DEF_ENSE: That none of the exemptions set forth in Article 16 of the CPLR applies to this matter, and in addition, this answering Defendant hereby asserts, that in the event one or all of them is found liable to the plaintiff, this answering Defendant's liability is limited pursuant to the appropriate sections of Article 16 of the CPLR. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: That upon information and belief, the plaintiff's injuries and damages, if any, were caused by the intervening acts of the third-parties unrelated to this answering Defendant. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: That this answering Defendant claims the benefits of each and every provision of CPLR Section § 4545, including but not limited to, any credit or off-set by reason of any replacement or indemnification of costs or expenses from any collateral source. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: That allegations set forth in the Complaint are governed by Article 50 of the Civil Practice Law and Rules. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE: 4 of 13 FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018 That any injuries sustained by the plaintiff was not caused by any negligence or carelessness on the part of this answering Defendant, their agents, servants and/or employees but were caused or contributed to by the negligence and carelessness of the plaintiff or some third- party or parties over which this answering Defendant had no control and for whose conduct this answering Defendant is not responsible. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE The damages alleged to have been sustained by the plaintiff, if any, were caused in whole or in part by a trivial or non-substantial defect. AS AND FOR_A NINTH AFFIRMATIVE DEFENSE: In the event that any person or entity liable or claimed to be liable for the injury alleged in this action has been given or may hereafter be given a release or covenant not to sue, this answering defendant is or will be entitled to protection under General Obligations Law § 15-108 and the corresponding reduction of any damages which may be determined to be due against this answering defendant. AS AND FOR A TENTH AFFIRMATIVE DEFENSE Plaintiff failed to mitigate his damages. WHEREFORE, the defendant demands judgment dismissing the Plaintiff's Complaint, and further demands apportionment of responsibility for the alleged occurreñce as found by the Court or jury; together with the costs, disbursements legal and investigation fees incurred in the defense of this action. Dated: Brooklyn, New York December 13, 2018 5 of 13 FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018 Yours, etc., McMAHON, MARTINE & GALLAGHER, LLP Attorneys for Defendant TALLA REALTY LLC 55 Washington Street, 7th Floor Brooklyn, New York 11201 TO: SEE ATTACHED RIDER (212) 747-1230 Our File No.: 994.0043 6 of 13 FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018 STATE OF NEW YORK ) ATTORNEY'S VERIFICATION )SS.: COUNTY OF KINGS) I, the undersigned, an attorney admitted to practice in the Courts of the State of New York state that I am a member of the law firm of McMAHON, MARTINE & GALLAGHER, LLP, the attorneys for Defendant TALLA REALTY LLC in the above entitled action. I have read the foregoing VERIFIED ANSWER TO VERIFIED COMPLAINT and know the contents thereof; it is true to my knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters, I believe it to be true. The source of my information and the grounds of my belief are statements, letters, and reports examined by me relative to the matters referred to in the annexed VERIFIED ANSWER TO VERIFIED COMPLAINT. The reason this verification is made by me instead of by defendant is that I am in possession of the material information on which this action is based. I affirm that the above is true under the penalties of perjury, pursuant to Rule 2106 of the Civil Practice Law and Rules. Dated: Brooklyn, New York December 13, 2018 ANTHO D. MARTINE 7 of 13 FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------- -------------------------- ---x HOWARD LOCKRIDGE, Index No.: 521855/18 Plaintiff, -against- DEMAND FOR VERIFIED BILL OF PARTICULARS TALLA REALTY LLC, Defendant. --- -------------------x S I R S: PLEASE TAKE NOTICE, that McMAHON, MARTINE & GALLAGHER, LLP, attorneys for Defendant TALLA REALTY LLC, pursuant to 3041 to 3044 of the CPLR, hereby deniand that you serve upon the undersigned, a Verified Bill of Particulars, pursuant to the underlying demand: 1. State the date and time of the day of the occurrence. 2. State the exact location of the occurrence in sufficient detail to permit definite identification. 3. State whether the claimed defective condition was on a curb or a sidewalk slab. 4. State how it is claimed the accident occurred. 4. State all of the acts and/or omissions constituting the negligence claim against this answering defendant. 5. State any and all laws, rules, regulations or ordinances, as well as standards, Federal, State or Local it is claimed to be either applicable for the occurrence or has been violated by this answering defendant. 8 of 13 FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018 6. If actual notice is claimed, state when and to whom such notice was given, and whether such notice was oral or in writing. 7. If it is claimed that constructive notice is chargeable to this answering defendant state what they had notice of and how long it is claimed the condition existed prior to the day of the accident. 8. Describe the defective condition that you claim this answering defendant had notice of. 9. State where on the premises you were when you were injured. 10. State how the dangerous condition caused your injuries. 11. State for what purpose you were at the subject location. 12. State if you fell to the ground. 13. State how long the defective condition existed prior to the alleged occurrence. 14. If said occurrence took place by reason of active negligence, state when same was committed and who on behalf of this answering defendant committed the acts complaiñed of. 15. If said occurrence took place by reason of improper or defective repair, state when said repairs were performed and who on behalf of this answering defendant performed the repairs. 16. If said occurrence took place by reason of a foreign substance, state the nature thereof and how long it was present prior to the accident. 17. State the nature and extent of all injuries. 18. Specify those injuries claimed to be peññañent. 19. Accurately state the length of time confined to bed. 20. Accurately state the length of time confined to home. 9 of 13 FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018 21. State the name of each and every hospital and medical institution where any treatment or examination was rendered and the length of time, if any, confined therein. 22. If it is claimed plaintiff was treated by a physician other than one at the hospital or clinic, give the name of said physicians, and his/her address stating the number of treatments it is claimed the plaintiff made to each of the physicians specified above. 23. a. State the usual business, or, if plaintiff was not employed, and attends school, the name and address of the school attended at the time of the accident, and the present school attended by plaintiff, and the amount of time the plaintiff was absent from employment or school, and, if a student at the time of the accident, give the grade he/she is presently in. b. If plaintiff was employed at the time of the accident, state: (a) Plaintiff s occupation. (b) Length of time plaintiff lost from work as a result of the injuries allegedly sustained in this accident. (c) Lost earnings alleged as a result of lost time alleged. 24. State the plaintiff s date and place of birth, present address and social security number. 25. The total amounts claimed by the plaintiff as special damages for: (a) Medical, surgical and dental services; stating separately the amount of each service identifying by whom the service was rendered. (b) Hospital services, stating separately the name and address of each hospital, and the amount of each bill. (c) Nursing services. (d) Services for ambulance, x-rays, prescription drugs and prosthetics; stating separately the amount of each and the service for which it was rendered. 10 of 13 FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018 (e) Any other item of expense or damage. PLEASE TAKE NOTICE, that failure to comply with the foregoing will result in an application to the Court for appropriate relief. PLEASE TAKE NOTICE, that failure to comply with the foregoing will result in an application to the Court for appropriate relief. Dated: Brooklyn, New York December 13, 2018 Yours, etc., McMAHON, MARTINE & GALLAGHER, LLP Attorneys for Defendant TALLA REALTY 55 Washington Street, 7th Floor Brooklyn, New York 11201 (212) 747-1230 Our File No.: 994.0043 TO: SEE ATTACHED RIDER 11 of 13 FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018 RIDER ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 14d1 111 John Street, Floor New York, New York 10038 Attn.: Roberta D. Asher, Esq. (212) 227-5000 12 of 13 FILED: KINGS COUNTY CLERK 12/14/2018 09:02 AM INDEX NO. 521855/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 521855/18 HOWARD LOCKRIDGE, Plaintiff, -against- TALLA REALTY LLC Defendants. VERIFIED ANSWER TO VERIFIED COMPLAINT WITH DEMAND FOR VERIFIED BILL OF PARTICULARS McMAHON, MARTINE & GALLAGHER, LLP ATTORNEYS FOR DEFENDANT TALLA REALTY LLC 55 WASHINGTON STREET, SUITE 720 BROOKLYN, N.Y. 11201 (212) 747-1230 All Documsr:ts Contained Herein Certified Pursuant to Rule 130 : ANTHONY D. MARTINE STATE OF NEW YORK, COUNTY OF KINGS ss: