Preview
FILED: KINGS COUNTY CLERK 01/04/2019 04:21 PM INDEX NO. 520836/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/04/2019
DAB: KM File No.19-00001-01 (DAB)/000324495
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------x
ERJONA ZENEJA,
Index No.: 520836/18
Plaintiff(s),
- against - NOTICE FOR
EXAMINATION BEFORE TRIAL
MIGUEL MARTINEZ,
Defendant(s).
-------------------------------------x
SIRS:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the
undersigned will take the deposition, upon Oral Examination of the
plaintiff(s) ERJONA ZENEJA, as well as the above-captioned co-defendant(s),
if any, by a Notary Public who is not an attorney or employee of an attorney
for any party or prospective party herein, and is not a person disqualified
to serve as a juror herein by reason of affinity or consanguinity to any
party herein, on a date scheduled pursuant to Preliminary Conference Order,
at a place to be determined at such time, with respect to evidence and
material necessary in the prosecution and defense of this Action, all of the
relevant facts and circumstances in connection with the accident alleged in
the Verified Complaint, including negligence, contributory negligence,
liability and damages.
In the event the matter is venued in a Civil/District Court, and
if no Preliminary Conference is held, demand is made that plaintiff, as well
as the above-captioned co-defendant(s), if any, be produced for Examination
Before Trial 60 days from the date of this Notice. Demand is further made
that plaintiff be produced for physical examinations within 60 days of the
aforesaid Examination Before Trial.
PLEASE TAKE FURTHER NOTICE, that at the time of the taking of the
aforesaid deposition, you are required to produce all books, papers and
records in your custody or control which relate to the matters upon which
said deposition is to be conducted.
Dated: New York, New York
January 3, 2019
Yours, etc.
Davi Brown, Esq., Ext. 5169
CHEVEN, KEELY & HATZIS, ESQS .
At torneys for Defendan t (s )
MIGUEL PALACIOUS MARTINEZ
s/h/a MIGUEL MARTINEZ
40 Wall Street - 12th Floor
New York, New York 10005
(212) 809-7600
Our File No. 19-00001-01(DAB)/000324495
1 of 28
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/04/2019
TO:
SUBIN ASSOCIATES LLP
Attorney(s) for Plaintiff(s)
150 BROADWAY - 23RD FLOOR
NEW YORK, NY 10038
(212) 285-3800
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DAB:KM File No. 19-00001-01(DAB)/000324495
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------x
ERJONA ZENEJA,
Plaintiff(s), Index No.: 520836/18
- against - VERIFIED ANSWER
MIGUEL MARTINEZ,
Defendant(s).
-------------------------------------x
The Defendant(s) MIGUEL PALACIOUS MARTINEZ s/h/a MIGUEL MARTINEZ,
answering the plaintiff(s) Complaint herein, by his/her attorneys, CHEVEN,
KEELY & HATZIS, ESQS., hereby respectfully denies each and every allegation
upon information and belief of the plaintiff(s) Complaint except as herein
after set forth:
ANSWERING THE FIRST CAUSE OF ACTION
1. Admit(s) each and every allegation contained in the paragraphs of the
Complaint therein designated as "5".
2. Deny(s) any knowledge or information thereof sufficient to form a
belief as to each and every allegation contained in the paragraphs of the
Complaint therein designated as "1","2","3".
3. Deny(s) any knowledge or information thereof sufficient to form a
belief as to each and every allegation contained in the paragraphs of the
Complaint therein designated as "6","7" ,"8","9","16" and refers
respectfully
all questions of Law to the Court.
4. Deny(s) any knowledge or information thereof sufficient to form a
belief as to each and every allegation contained in the paragraphs of the
Complaint therein designated as "4" and refers all questions of
respectfully
Law to the Court. Except admit(s) that MIGUEL MARTINEZ registered a motor
vehicle bearing registration number HLA6046 NY State.
5. Deny(s) any knowledge or information thereof sufficient to form a
belief as to each and every allegation contained in the paragraphs of the
Complaint therein designated as "10" and refers all questions of
respectfully
Law to the Court. Except admit(s) that on 2/14/17, the motor vehicle bearing
registration number GTJ7325 NY State came in contact with the plaintiff's
motor vehicle bearing registration number GTJ7325 NY State.
6. Upon information and belief, deny(s) each and every allegation
contained in the paragraphs of the Complaint therein designated as "11","12",
"13","14","15","17".
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AS AND FOR A FIRST, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
Upon information and belief, the injuries and/or damages, if any,
alleged to have been sustained by the Plaintiff(s) were caused in whole or
part by the culpable conduct of the Plaintiff(s).
AS AND FOR A SECOND, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DE FENSE:
This Court lacks jurisdiction over the person of the Defendant(s)
due to improper service of the Summons.
AS AND FOR A THIRD, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
In the event Plaintiff(s) recovers a verdict or judgment against
the answering Defendant(s), then said verdict or judgment must be reduced
pursuant to CPLR 4545(c) by those amounts which have been or will, with
reasonable certainty, be paid on behalf of or indemnify Plaintiff(s) in whole
or in part, for any past or future claimed economic loss, from any collateral
source including but not limited to no-fault, insurance, social security,
workers' compensation or employee benefit programs.
AS AND FOR A FOURTH, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
The accident described in the Verified Complaint did not result
"serious injury" as in
in a to any Plaintiff, so defined and by Section 5102
(d) of the Insurance Law of the State of New York. By reason of the premises
aforesaid, and as expressly provided in Section 5104 of the Insurance Law of
New York, Plaintiff(s) had and has no right to institute, maintain or
prosecute this action and is barred from so doing.
AS AND FOR A FIFTH, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
That pursuant to Article 51 of the New York State Insurance Law,
the Plaintiff(s) is not entitled to recover any sums of money for basic
economic loss.
AS AND FOR A SIXTH, SEPARATE DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
Any recovery or verdict against the answering Defendant(s) must
be reduced by virtue of the failure of the Plaintiff(s) to have exercised due
care to avoid, eliminate and/or mitigate the injury and/or damages allegedly
sustained.
AS AND FOR A SEVENTH, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
That the Plaintiff(s) damages must be mitigated by virtue of
his/her failure to make use of an available seatbelt and/or violation of
Section 1229(c) of the Vehicle and Traffic Law.
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AS AND FOR AN EIGHTH, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
That the alleged cause(s) of action stated on behalf of the
Plaintiff(s) in the Complaint in the above entitled action is (are) barred by
the Statute of Limitations.
AS AND FOR A NINTH, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
All risks and/or danger of loss or damage connected with the
situation alleged in the Plaintiff's Complaint were at the time and place
mentioned in the Complaint obvious and apparent and were known by the
plaintiff(s) and voluntarily assumed by the plaintiff(s).
AS AND FOR A TENTH, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
The liability of the answering Defendant(s) is limited by the
provisions of Article 16 of the New York Civil Practice Law and Rules (CPLR).
AS AND FOR AN ELEVENTH, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
In the event any party or non-party to the above captioned action
settles with the plaintiff(s), the answering defendant(s) pleads all rights
as are afforded under the General Obligations Law Section 15-108, as well as
any other applicable statute(s) governing settlements, as to all settling
and/or non-settling parties.
WHEREFORE, the aforesaid defendant(s) demand(s) judgment against the
plaintiff(s), dismissing the Complaint herein, together with costs and
disbursements of this action.
Dated: New York, New York
January 3, 2019
Yours, etc.
By:
David Brown, Esq., Ext. 5169
CHEVEN, KEELY & HATZIS, ESQS.
Attorneys for Defendant (s)
MIGUEL PALACIOUS MARTINEZ
s/h/a MIGUEL MARTINEZ
40 Wall Street - 12th Floor
New York, New York 10005
(212) 809-7600
Our File No.:19-00001-01(DAB)/000324495
TO:
SUBIN ASSOCIATES LLP
Attorney(s) for Plaintiff(s)
150 BROADWAY - 23RD FLOOR
NEW YORK, NY 10038
(212) 285-3800
5 of 28
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'
ATTORNEY S VERIFICATION
CHRIS M. HATZIS, ESQ., the undersigned, an attorney duly admitted
to practice law before all of the Courts of the State of New York, a Member
of the firm of CHEVEN, KEELY & HATZIS, ESQS., attorneys for the Defendant(s),
MIGUEL PALACIOUS MARTINEZ s/h/a MIGUEL MARTINEZ, in the within action states
that he has read the contents of the foregoing VERIFIED ANSWER and that the
same is true to his knowledge except as to those matters stated upon
information and belief, which he believes to be true. Deponent further
states that the grounds of his belief, as to all matters therein not stated
upon his own knowledge, are investigations and reports which have been made
concerning the subject matter of the within action, which are in possession
of the aforementioned Attorneys-of-Record and with which the Deponent is
familiar.
The reason this Verification is made by Deponent, instead of by
the aforementioned Defendant(s), is because said Defendant(s) is/are not
within the County of New York where Deponent and the aforementioned
Attorneys-of-Record have their office. The undersigned affirms that the
foregoing statements are true, under penalties of perju .
Dated: New York, New York
January 3, 2019
CÓIS M. TZIS, ESQ.
DAB:KM File No. 19-OOO01-01(DAB)/000324495
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Bodily Injury
DAB:KM File No.19-00001-Ol(DAB) /O00324495
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------x
ERJONA ZENEJA,
Index No.: 520836/18
Plaintiff(s),
DEMAND FOR VERIFIED
- against - BILL OF PARTICULARS
MIGUEL MARTINEZ,
Defendant(s).
-------------------------------------x
PLEASE TAKE NOTICE, that pursuant to Sections 3041, Section 3042,
Section 3043 and Section 3044 of The Civil Practice Law and Rules, you are
hereby required to serve a Bill of Particulars upon the undersigned within
thirty (30) days after receipt of this Demand, setting forth the following:
1. The address of Plantiff's residence at the time of the accident
and at the time of filing of the Summons and Complaint.
2. Plaintiff's date of birth and social security number. (See,
Williams v. Shapiro, 67 A.D. 2d 706, 412 N.Y.S. 2d 414)
3. List of all other names used by the plaintiff(s); including any
maiden name.
4. The date and approximate time of the accident.
5. Location of the alleged occurrence in sufficient detail to permit
identification, stating the street or streets, including reference to fixed
landmarks, intersections, crosswalks, corners or curbs, where necessary, to
accurately locate the place and the direction in which each vehicle and/or
person involved was traveling. If the occurrence took place inside a
premises, state specifically the location within the premises, including the
block and lot number, address, or other identifying information and provide
sufficient detail to accurately identify, as applicable, the floor, flight of
stairs, exact step, portion of the premises, area within the premises, with
regard to any elevator involved, the specific elevator involved (if there is
more than one) and on what floor (or between what floors) was the elevator,
that the subject incident occurred.
6. State how it is claimed the accident occurred.
7. Set forth the name and address of the owner, the lessor, and the
operator of the vehicle occupied by plaintiff at the time of the alleged
loss. If within a premises, set forth the name and address of the owner, and
if applicable, the lessee and any sublessee, of the subject premises at the
time of the alleged loss.
8. Statement of the act(s) and/or omission(s) constituting the
negligence claimed, setting forth the specific act(s) or omission(s) of the
answering defendant(s).
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9. Statement of the act(s) and/or omission(s) constituting the
negligence claimed, setting forth the specific acts(s) and/or omissions(s) of
any and all co-defendant(s), separately stating them for each.
10. If any law, statute, ordinance, rule and/or regulation is alleged
to have been violated and/or is claimed to be applicable, state the
particular chapter and section of said law, statute, ordinance, rule and/or
regulation and in what manner EACH defendant violated it.
11. If loss of use of any property is claimed:
a) Identify the property for which loss of use is claimed;
b) Date(s) of loss of use of property;
c) Whether replacement property was acquired and identify what
the replacement property was;
d) The date(s) of acquisition of the replacement property and
state whether the replacement property when acquired was
new or used. State the purchase price of the replacement
property; and.
e) Date(s) replacement property was used.
12. If damage to plaintiff's property is involved, state, whe
Preview
FILED: KINGS COUNTY CLERK 01/04/2019 04:21 PM INDEX NO. 520836/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/04/2019 DAB: KM File No.19-00001-01 (DAB)/000324495 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------x ERJONA ZENEJA, Index No.: 520836/18 Plaintiff(s), - against - NOTICE FOR EXAMINATION BEFORE TRIAL MIGUEL MARTINEZ, Defendant(s). -------------------------------------x SIRS: PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the undersigned will take the deposition, upon Oral Examination of the plaintiff(s) ERJONA ZENEJA, as well as the above-captioned co-defendant(s), if any, by a Notary Public who is not an attorney or employee of an attorney for any party or prospective party herein, and is not a person disqualified to serve as a juror herein by reason of affinity or consanguinity to any party herein, on a date scheduled pursuant to Preliminary Conference Order, at a place to be determined at such time, with respect to evidence and material necessary in the prosecution and defense of this Action, all of the relevant facts and circumstances in connection with the accident alleged in the Verified Complaint, including negligence, contributory negligence, liability and damages. In the event the matter is venued in a Civil/District Court, and if no Preliminary Conference is held, demand is made that plaintiff, as well as the above-captioned co-defendant(s), if any, be produced for Examination Before Trial 60 days from the date of this Notice. Demand is further made that plaintiff be produced for physical examinations within 60 days of the aforesaid Examination Before Trial. PLEASE TAKE FURTHER NOTICE, that at the time of the taking of the aforesaid deposition, you are required to produce all books, papers and records in your custody or control which relate to the matters upon which said deposition is to be conducted. Dated: New York, New York January 3, 2019 Yours, etc. Davi Brown, Esq., Ext. 5169 CHEVEN, KEELY & HATZIS, ESQS . At torneys for Defendan t (s ) MIGUEL PALACIOUS MARTINEZ s/h/a MIGUEL MARTINEZ 40 Wall Street - 12th Floor New York, New York 10005 (212) 809-7600 Our File No. 19-00001-01(DAB)/000324495 1 of 28 FILED: KINGS COUNTY CLERK 01/04/2019 04:21 PM INDEX NO. 520836/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/04/2019 TO: SUBIN ASSOCIATES LLP Attorney(s) for Plaintiff(s) 150 BROADWAY - 23RD FLOOR NEW YORK, NY 10038 (212) 285-3800 2 of 28 FILED: KINGS COUNTY CLERK 01/04/2019 04:21 PM INDEX NO. 520836/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/04/2019 DAB:KM File No. 19-00001-01(DAB)/000324495 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------x ERJONA ZENEJA, Plaintiff(s), Index No.: 520836/18 - against - VERIFIED ANSWER MIGUEL MARTINEZ, Defendant(s). -------------------------------------x The Defendant(s) MIGUEL PALACIOUS MARTINEZ s/h/a MIGUEL MARTINEZ, answering the plaintiff(s) Complaint herein, by his/her attorneys, CHEVEN, KEELY & HATZIS, ESQS., hereby respectfully denies each and every allegation upon information and belief of the plaintiff(s) Complaint except as herein after set forth: ANSWERING THE FIRST CAUSE OF ACTION 1. Admit(s) each and every allegation contained in the paragraphs of the Complaint therein designated as "5". 2. Deny(s) any knowledge or information thereof sufficient to form a belief as to each and every allegation contained in the paragraphs of the Complaint therein designated as "1","2","3". 3. Deny(s) any knowledge or information thereof sufficient to form a belief as to each and every allegation contained in the paragraphs of the Complaint therein designated as "6","7" ,"8","9","16" and refers respectfully all questions of Law to the Court. 4. Deny(s) any knowledge or information thereof sufficient to form a belief as to each and every allegation contained in the paragraphs of the Complaint therein designated as "4" and refers all questions of respectfully Law to the Court. Except admit(s) that MIGUEL MARTINEZ registered a motor vehicle bearing registration number HLA6046 NY State. 5. Deny(s) any knowledge or information thereof sufficient to form a belief as to each and every allegation contained in the paragraphs of the Complaint therein designated as "10" and refers all questions of respectfully Law to the Court. Except admit(s) that on 2/14/17, the motor vehicle bearing registration number GTJ7325 NY State came in contact with the plaintiff's motor vehicle bearing registration number GTJ7325 NY State. 6. Upon information and belief, deny(s) each and every allegation contained in the paragraphs of the Complaint therein designated as "11","12", "13","14","15","17". 3 of 28 FILED: KINGS COUNTY CLERK 01/04/2019 04:21 PM INDEX NO. 520836/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/04/2019 AS AND FOR A FIRST, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: Upon information and belief, the injuries and/or damages, if any, alleged to have been sustained by the Plaintiff(s) were caused in whole or part by the culpable conduct of the Plaintiff(s). AS AND FOR A SECOND, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DE FENSE: This Court lacks jurisdiction over the person of the Defendant(s) due to improper service of the Summons. AS AND FOR A THIRD, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: In the event Plaintiff(s) recovers a verdict or judgment against the answering Defendant(s), then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those amounts which have been or will, with reasonable certainty, be paid on behalf of or indemnify Plaintiff(s) in whole or in part, for any past or future claimed economic loss, from any collateral source including but not limited to no-fault, insurance, social security, workers' compensation or employee benefit programs. AS AND FOR A FOURTH, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: The accident described in the Verified Complaint did not result "serious injury" as in in a to any Plaintiff, so defined and by Section 5102 (d) of the Insurance Law of the State of New York. By reason of the premises aforesaid, and as expressly provided in Section 5104 of the Insurance Law of New York, Plaintiff(s) had and has no right to institute, maintain or prosecute this action and is barred from so doing. AS AND FOR A FIFTH, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: That pursuant to Article 51 of the New York State Insurance Law, the Plaintiff(s) is not entitled to recover any sums of money for basic economic loss. AS AND FOR A SIXTH, SEPARATE DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: Any recovery or verdict against the answering Defendant(s) must be reduced by virtue of the failure of the Plaintiff(s) to have exercised due care to avoid, eliminate and/or mitigate the injury and/or damages allegedly sustained. AS AND FOR A SEVENTH, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: That the Plaintiff(s) damages must be mitigated by virtue of his/her failure to make use of an available seatbelt and/or violation of Section 1229(c) of the Vehicle and Traffic Law. 4 of 28 FILED: KINGS COUNTY CLERK 01/04/2019 04:21 PM INDEX NO. 520836/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/04/2019 AS AND FOR AN EIGHTH, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: That the alleged cause(s) of action stated on behalf of the Plaintiff(s) in the Complaint in the above entitled action is (are) barred by the Statute of Limitations. AS AND FOR A NINTH, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: All risks and/or danger of loss or damage connected with the situation alleged in the Plaintiff's Complaint were at the time and place mentioned in the Complaint obvious and apparent and were known by the plaintiff(s) and voluntarily assumed by the plaintiff(s). AS AND FOR A TENTH, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: The liability of the answering Defendant(s) is limited by the provisions of Article 16 of the New York Civil Practice Law and Rules (CPLR). AS AND FOR AN ELEVENTH, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: In the event any party or non-party to the above captioned action settles with the plaintiff(s), the answering defendant(s) pleads all rights as are afforded under the General Obligations Law Section 15-108, as well as any other applicable statute(s) governing settlements, as to all settling and/or non-settling parties. WHEREFORE, the aforesaid defendant(s) demand(s) judgment against the plaintiff(s), dismissing the Complaint herein, together with costs and disbursements of this action. Dated: New York, New York January 3, 2019 Yours, etc. By: David Brown, Esq., Ext. 5169 CHEVEN, KEELY & HATZIS, ESQS. Attorneys for Defendant (s) MIGUEL PALACIOUS MARTINEZ s/h/a MIGUEL MARTINEZ 40 Wall Street - 12th Floor New York, New York 10005 (212) 809-7600 Our File No.:19-00001-01(DAB)/000324495 TO: SUBIN ASSOCIATES LLP Attorney(s) for Plaintiff(s) 150 BROADWAY - 23RD FLOOR NEW YORK, NY 10038 (212) 285-3800 5 of 28 FILED: KINGS COUNTY CLERK 01/04/2019 04:21 PM INDEX NO. 520836/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/04/2019 ' ATTORNEY S VERIFICATION CHRIS M. HATZIS, ESQ., the undersigned, an attorney duly admitted to practice law before all of the Courts of the State of New York, a Member of the firm of CHEVEN, KEELY & HATZIS, ESQS., attorneys for the Defendant(s), MIGUEL PALACIOUS MARTINEZ s/h/a MIGUEL MARTINEZ, in the within action states that he has read the contents of the foregoing VERIFIED ANSWER and that the same is true to his knowledge except as to those matters stated upon information and belief, which he believes to be true. Deponent further states that the grounds of his belief, as to all matters therein not stated upon his own knowledge, are investigations and reports which have been made concerning the subject matter of the within action, which are in possession of the aforementioned Attorneys-of-Record and with which the Deponent is familiar. The reason this Verification is made by Deponent, instead of by the aforementioned Defendant(s), is because said Defendant(s) is/are not within the County of New York where Deponent and the aforementioned Attorneys-of-Record have their office. The undersigned affirms that the foregoing statements are true, under penalties of perju . Dated: New York, New York January 3, 2019 CÓIS M. TZIS, ESQ. DAB:KM File No. 19-OOO01-01(DAB)/000324495 6 of 28 FILED: KINGS COUNTY CLERK 01/04/2019 04:21 PM INDEX NO. 520836/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/04/2019 Bodily Injury DAB:KM File No.19-00001-Ol(DAB) /O00324495 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------x ERJONA ZENEJA, Index No.: 520836/18 Plaintiff(s), DEMAND FOR VERIFIED - against - BILL OF PARTICULARS MIGUEL MARTINEZ, Defendant(s). -------------------------------------x PLEASE TAKE NOTICE, that pursuant to Sections 3041, Section 3042, Section 3043 and Section 3044 of The Civil Practice Law and Rules, you are hereby required to serve a Bill of Particulars upon the undersigned within thirty (30) days after receipt of this Demand, setting forth the following: 1. The address of Plantiff's residence at the time of the accident and at the time of filing of the Summons and Complaint. 2. Plaintiff's date of birth and social security number. (See, Williams v. Shapiro, 67 A.D. 2d 706, 412 N.Y.S. 2d 414) 3. List of all other names used by the plaintiff(s); including any maiden name. 4. The date and approximate time of the accident. 5. Location of the alleged occurrence in sufficient detail to permit identification, stating the street or streets, including reference to fixed landmarks, intersections, crosswalks, corners or curbs, where necessary, to accurately locate the place and the direction in which each vehicle and/or person involved was traveling. If the occurrence took place inside a premises, state specifically the location within the premises, including the block and lot number, address, or other identifying information and provide sufficient detail to accurately identify, as applicable, the floor, flight of stairs, exact step, portion of the premises, area within the premises, with regard to any elevator involved, the specific elevator involved (if there is more than one) and on what floor (or between what floors) was the elevator, that the subject incident occurred. 6. State how it is claimed the accident occurred. 7. Set forth the name and address of the owner, the lessor, and the operator of the vehicle occupied by plaintiff at the time of the alleged loss. If within a premises, set forth the name and address of the owner, and if applicable, the lessee and any sublessee, of the subject premises at the time of the alleged loss. 8. Statement of the act(s) and/or omission(s) constituting the negligence claimed, setting forth the specific act(s) or omission(s) of the answering defendant(s). 7 of 28 FILED: KINGS COUNTY CLERK 01/04/2019 04:21 PM INDEX NO. 520836/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/04/2019 9. Statement of the act(s) and/or omission(s) constituting the negligence claimed, setting forth the specific acts(s) and/or omissions(s) of any and all co-defendant(s), separately stating them for each. 10. If any law, statute, ordinance, rule and/or regulation is alleged to have been violated and/or is claimed to be applicable, state the particular chapter and section of said law, statute, ordinance, rule and/or regulation and in what manner EACH defendant violated it. 11. If loss of use of any property is claimed: a) Identify the property for which loss of use is claimed; b) Date(s) of loss of use of property; c) Whether replacement property was acquired and identify what the replacement property was; d) The date(s) of acquisition of the replacement property and state whether the replacement property when acquired was new or used. State the purchase price of the replacement property; and. e) Date(s) replacement property was used. 12. If damage to plaintiff's property is involved, state, whe