Preview
FILED: KINGS COUNTY CLERK 11/19/2018 03:29 PM INDEX NO. 519872/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/19/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------- X
MICHAEL VINDIGNI, Index No.: 519872/2018
Plaintiffs, COMBINED DEMANDS
-against-
JOSEPH A. BRIZZI & SONS, INC. and
FLEMINGTON ELECTRICAL MAINTENANCE INC.,
Defendants.
-------------------- ¬----------------------------- ------X
PLEASE TAKE NOTICE that Defendant(s), JOSEPH A. BRIZZI & SONS, INC., by
their attorneys, GOLD BENES LLP, demand that you provide, within 30 days of receipt to these
demands:
DEMAND FOR WITNESS INFORMATION
1. the names and addresses of any witnesses to the events described in the Complaint
including, but not limited to, the following:
a. The occurrence giving rise to the Plaintiff(s) injuries;
b. Acts or omissions causing or contributing to the occurrence;
c. The extent of any injury or impairment alleged.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand.
DEMAND FOR EXPERT WITNESS INFORMATION
2. The identity of each expert whom you expect to call as a witness to trial.
3. The qualifications of each expert, including:
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(a) educational background;
(b) publications;
(c) memberships in professional organizations and societies;
(d) certifications and licenses;
(e) past and present employers;
(f) past and present hospital affiliations;
4. The subject matter, in reasonable detail, upon which each expert is expected to
testify.
5. The substance, in reasonable detail, of the opinions and conclusions to which each
expert is expected to testify.
6. A summary, in reasonable detail, of the ground for each expert's opinion,
including:
(a) a summary of the facts upon which each expert will rely in formulating
his/her opinions and conclusions;
(b) the source or sources of each expert's knowledge concerning such facts,
including, but not limited to, records, reports, statistics, studies, surveys,
test results, analyses, models, photographs;
(c) all other documents, materials or oral communications relied upon by each
expert which provide the basis for his/her opinions.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand. Objection will be
made and preclusion sought regarding the opinion testimony of any witness not identified as
demanded herein.
NOTICE OF DISCOVERY AND INSPECTION
-2-
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7. Reports concerning medical history, examination, diagnosis, testing,
treatment and prognosis which are in your possession or control and have been prepared by or at
the direction of any physician who has seen the plaintiff(s) for the purpose of medical advice,
consultations, testing or treatment;
8. Photographs showing the Plaintiff(s) injuries, the site of the incident alleged in
the complaint, or any photographs which are otherwise relevant;
9. Copies of all pleadings, discovery demands and responses served by and between
the Plaintiffs(s)'and Defendants(s)'; and
10. Copies of checks, bills and records evidencing claimed special damages and
collateral source reimbursement.
11. Copies of the transcripts from any hearing in which the Plaintiff(s) claims and/or
injuries were discussed.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand.
DEMAND FOR AUTHORIZATIONS
12. Records of every physician or other health care provider who has examined or
provided medical advice, care, consultations, testing or treatment to plaintiff(s), or who has
overseen Plaintiff(s) medical care, consultations, testing or treatment, or who has assisted
Plaintiff(s) in obtaining Federal benefits;
13. Records of every hospital at which plaintiff(s) has been examined or at which
medical advice, care, consultations, testing or treatment was rendered;
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14. Records of every physician, pharmacy or health care provider from whom
plaintiff(s) obtained medication as a result of the injuries alleged in the complaint;
15. The Federal income tax returns of plaintiff(s) for the period covering three
calendar years prior to the date of occurrence to the present.
16. Employment records of plaintiff(s) for the period from three years prior to the date
of occurrence to the present.
17. Records of the Social Security Administration with respect to the plaintiff(s)
claim for Federal Disability benefits.
18. Records relating to the Plaintiff(s) claim for Medicaid benefits.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand.
DEMAND FOR STATEMENTS
19. Copies of any written or recorded statement of Defendant(s) or any person you
claim was or is an employee or agent of Defendant(s) currently in your possession;
20. For any oral statement by Defendant(s) or any person you claim to be an
employee or agent of Defendant(s) a suniniary of the substance of that statement. Additionally,
set forth the date, time, and place the statement was made and identify the person(s) to whom it
was made or who overheard it.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand.
DEMAND FOR PHOTOGRAPHS
21. Copies of all photographs and/or films and/or videos and/or other images, which
are in the possession and/or control of Plaintiff(s) which relate to the occurrence described in the
Complaint and/or which depict: (a) the accident scene; (b) alleged defect(s) which caused the
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accident; c) any property damaged in the alleged incident; and (d) alleged injuries of plaintiff(s).
PLEASE TAKE FURTHER NOTICE that this is a continuing demand.
DEMAND FOR COLLATERAL SOURCE AUTHORIZATIONS
22. PLEASE TAKE NOTICE that, pursuant to CPLR 4545, Defendant(s) demand
that you provide duly notarized and properly addressed authorizations permitting them to obtain
copies of collateral source reimbursement records with respect to claims made by Plaintiff(s),
including, but not limited to, the following:
(a) Insurance companies (included the names of the insurer and insured, and any
identifying policy numbers);
(b) Social Security (include the Social Security number and date of birth of
plaintiff(s);
Workers'
(c) Compensation (include the claim number);
(d) Employee benefit programs (including the name of the program and any
identifying numbers);
(e) Medicare, Medicaid or such other state or federally funded benefit program
(include program name and any identifying numbers).
PLEASE TAKE FURTHER NOTICE that this is a continuing demand.
DEMAND FOR MEDICARE/MEDICAID INFORMATION
23. A statement as to whether the Plaintiff(s) has received benefits from either
Medicare and/or Medicaid at any time, for any reason, not limited to the injuries alleged in the
instant action. If so, please provide:
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a. Plaintiff'(s) date of birth;
b. Plaintiff'(s) social security number;
c. Medicare/Medicaid file number(s);
d. Address of the office handling the Plaintiff'(s) Medicare/Medicaid files;
e. Copies of alldocuments, records, memoranda, notes, etc., in the
Plaintiff'(s) possession pertaining to Plaintiff'(s) receipt of Medicare
and/or Medicaid benefits; and
f. A duly executed authorization bearing the social security number
permitting this firm and other representatives of Defendant(s) to obtain
copies of Plaintiff'(s) Medicare and/or Medicaid records.
24. Any and all lien notices from Medicare, Medicaid, and/or any other collateral
source providers, relevant to this matter.
25. Any and all medical bills,paid in whole or in part by Medicare and/or Medicaid,
generated from any healthcare provides that relate in any way to the treatment and/or
examination of the Plaintiff regarding the incident alleged in the Complaint.
26. Any and all Medicare and/or Medicaid correspondence, bills, status reports,
Medicare and/or Medicaid Beneficiary Card(s), Medicare and/or Medicaid Award letters,or
medical records received from the Centers for Medicare and Medicaid Services ("CMS"), the
Coordinator of Benefits ("COB"), or any Medicare and/or Medicaid third party administrator.
27. Any correspondence, email, or other document evidencing that Plaintiff(s), or
someone on Plaintiff'(s) behalf, has provided notice of the instant action to Medicare and/or
Medicaid, or to any state agency which has paid Medicare and/or Medicaid, or any other public
health assistance benefits to Plaintiff(s) or to any person or entity on Plaintiff'(s) behalf.
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PLEASE TAKE FURTHER NOTICE that this is a continuing demand.
Dated: Bellmore, New York
November 19, 2018
Jeffrey B. Gold, Esq.
Gold Benes, LLP
Attorneys for Defendants
JOSEPH A. BRIZZI & SONS, INC.
1666 Newbridge Road, Second Floor
Bellmore, New York 11710
(516) 512-6333
TO: Sara Director, Esq.
Barasch, McGarry, Salzman & Penson
Attorneys for Plaintiff
MICHAEL VINDIGNI
11 Park Place, Suite 1801
New York, New York 10007
(212) 385-8000
-7-
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------X
MICHAEL VINDIGNI, Index No.: 519872/2018
Plaintiffs, DEMAND FOR A
VERIFIED BILL OF
PARTICULARS
-against-
JOSEPH A. BRIZZI & SONS, INC., and
FLEMINGTON ELECTRICAL MAINTENANCE, INC.,
Defendants.
---------------------------------- -- --------------------X
PLEASE TAKE NOTICE that, pursuant to CPLR 3041 through 3044 of the Civil Practice
Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned
within thirty (30) days after the receipt of this demand. In the event of your failure to comply within
that time, a motion may be made for an order precluding you from offering any evidence of the
causes of action alleged in the complaint concerning the following items:
1. Set forth the Plaintiff(s) full name.
2. Set forth the Plaintiff(s) date of birth.
3. Set forth the Plaintiff(s) Social Security number.
4. State the residence address of Plaintiff(s):
(a) at the time of the events which are the subject of the Complaint; and
(b) at the present time.
5 Set forth the date and approximate time of day of the occurrence which is subject
to the Complaint.
6. Set forth the exact location of the occurrence which is the subject of the
Complaint.
7. Set forth an itemized statement of each and every act and/or omission by the
Defendant(s) which Plaintiff(s) will claim constitutes the alleged negligence.
defendant(s)'
8. If the Plaintiff(s) will claim that the violated any state or local laws,
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rules, regulations or ordinance and specify the manner in which itwill be claimed each was
violated by each of the defendant(s)'.
9. If there are any claims of vicarious liability against the Defendant(s), state the
name of each and every person or entity for whose conduct itis claimed the Defendant(s) is
vicariously liable and set forth a concise statement of each act or omission allegedly committed
by each and every said person or entity which constitutes the alleged negligence.
10. Set forth the date, time and place of each act or omission referred to in response
number 9, above.
"defective"
11. Identify any condition which the Plaintiff(s) will claim existed and
caused in contributed to the accident.
12. Set forth in what manner the defendant(s) had notice of said "dangerous", or
"defective"
condition(s) set forth in "11".
13. If actual notice is claimed, set forth:
(a) when;
(b) to whom;
(c) by whom;
(d) where; and
(e) in what manner
such notice was given.
14. If actual notice was in writing, provide a copy of that document.
15. If actual notice was oral, set forth the sum and substance of that notice.
16. If constructive notice is claimed, state the duration of time that the alleged
dangerous or hazardous condition(s) existed.
17. Set forth the injuries that the Plaintiff(s) suffered as a result of the alleged
negligence, specifying what injuries, ifany, the plaintiff(s) will claim are permanent.
18. Set forth whether the Plaintiff(s) will claim that any of the injuries sustained
constitutes an exacerbation of a pre-existing injury or condition.
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19. If the Plaintiff(s) response to the preceding item demanded is affirmative, set
forth the nature and extent of the pre-existing injury or condition was sustained and/or diagnosed.
20. If itis claimed that the Plaintiff(s) was disabled as result of any injury sustained,
set forth:
(a) the length of time the Plaintiff(s) was partially disabled; and
(b) the length of time the Plaintiff(s) was totally disabled.
21. Set forth the length of time that the Plaintiff(s) was confined to:
(a) hospital;
(b) bed; and
(c) home
as a result of the injuries alleged in the Complaint.
22. Set forth the name and address of employer:
(a) at the time of the events which are the subject of the Complaint;
and
(b) at the present time.
23. 'If self-employed, state the name and nature of the Plaintiff(s) business and the
business address.
24. Itemize alleged special damages relative to:
(a) Loss of earnings;
(b) Impairment of future earning capacity;
(c) Physician expenses;
(d) Physical therapist expenses;
(e) Hospital expenses;
(f) Nurses and/or home health care aide expenses;
(g) Prescription medication expenses; and
(h) Other special damages.
25. If any medical bills or lost wages were paid, in whole or in part, from a collateral
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source, state the name and address of the source and the amount paid.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand.
Dated: November 19, 2018
Bellmore, New York
Jeffrey B. Gold, Esq.
Gold Benes, LLP
Attorneys for Defendants
JOSEPH A. BRIZZI & SONS, INC.
1666 Newbridge Road, Second Floor
Bellmore, New York 11710
(516) 512-6333
TO: Sara Director, Esq.
Barasch, McGarry, Salzman & Penson
Attorneys for Plaintiff
MICHAEL VINDIGNI
11 Park Place, Suite 1801
New York, New York 10007
(212) 385-8000
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------- ---------- X
MICHAEL VINDIGNI, Index No.: 519872/2018
Plaintiffs, DEPOSITION NOTICE
-against-
JOSEPH A. BRIZZI & SONS, INC., and
FLEMINGTON ELECTRICAL MAINTENANCE, INC.,
Defendants.
-- X
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and
Rules, the testimony upon oral examination of Plaintiff(s) will be taken before 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 who would be disqualified to act as a juror because of interest or because of
consanguinity or affinity to any party herein on a date and location to be determined at the
Preliminary Conference with respect to evidence material and necessary to the defense of this
action.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand.
Dated: November 19, 2018
Bellmore, New York
Jeffrey B. GoRC-Es
Gold Benes, LLP
Attorneys for Defendants
JOSEPH A. BRIZZI & SONS, INC.
1666 Newbridge Road, Second Floor
Bellmore, New York 11710
(516) 512-6333
TO: Sara Director, Esq.
Barasch, McGarry, Salzman & Penson
Attorneys for Plaintiff
MICHAEL VINDIGNI
11 Park Place, Suite 1801
New York, New York 10007
(212) 385-8000
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------- X
MICHAEL VINDIGNI, Index No. 519872/2018
Plaintiffs, DECLINATION OF
SERVICE VIA
FACSIMILE
-against-
JOSEPH A. BRIZZI & SONS, INC., and
FLEMINGTON ELECTRICAL MAINTENANCE, INC.,
Defendants.
------------------------- --------- ----------- ¬--X
PLEASE TAKE NOTICE, that the answering Defendants hereby decline receipt of
service of legal papers of any type whatsoever by facsimile.
Dated: November 19, 2018
Bellmore, New York
#e ey B. G613, Es
Gold Benes, LLP
Attorneys for Defendants
JOSEPH A. BRIZZI & SONS, INC.
1666 Newbridge Road, Second Floor
Bellmore, New York 11710
(516) 512-6333
TO: Sara Director, Esq.
Barasch, McGarry, Salzman & Penson
Attorneys for Plaintiff
MICHAEL VINDIGNI
11 Park Place, Suite 1801
New York, New York 10007
(212) 385-8000
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Preview
FILED: KINGS COUNTY CLERK 11/19/2018 03:29 PM INDEX NO. 519872/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------- X MICHAEL VINDIGNI, Index No.: 519872/2018 Plaintiffs, COMBINED DEMANDS -against- JOSEPH A. BRIZZI & SONS, INC. and FLEMINGTON ELECTRICAL MAINTENANCE INC., Defendants. -------------------- ¬----------------------------- ------X PLEASE TAKE NOTICE that Defendant(s), JOSEPH A. BRIZZI & SONS, INC., by their attorneys, GOLD BENES LLP, demand that you provide, within 30 days of receipt to these demands: DEMAND FOR WITNESS INFORMATION 1. the names and addresses of any witnesses to the events described in the Complaint including, but not limited to, the following: a. The occurrence giving rise to the Plaintiff(s) injuries; b. Acts or omissions causing or contributing to the occurrence; c. The extent of any injury or impairment alleged. PLEASE TAKE FURTHER NOTICE that this is a continuing demand. DEMAND FOR EXPERT WITNESS INFORMATION 2. The identity of each expert whom you expect to call as a witness to trial. 3. The qualifications of each expert, including: 1 of 14 FILED: KINGS COUNTY CLERK 11/19/2018 03:29 PM INDEX NO. 519872/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/19/2018 (a) educational background; (b) publications; (c) memberships in professional organizations and societies; (d) certifications and licenses; (e) past and present employers; (f) past and present hospital affiliations; 4. The subject matter, in reasonable detail, upon which each expert is expected to testify. 5. The substance, in reasonable detail, of the opinions and conclusions to which each expert is expected to testify. 6. A summary, in reasonable detail, of the ground for each expert's opinion, including: (a) a summary of the facts upon which each expert will rely in formulating his/her opinions and conclusions; (b) the source or sources of each expert's knowledge concerning such facts, including, but not limited to, records, reports, statistics, studies, surveys, test results, analyses, models, photographs; (c) all other documents, materials or oral communications relied upon by each expert which provide the basis for his/her opinions. PLEASE TAKE FURTHER NOTICE that this is a continuing demand. Objection will be made and preclusion sought regarding the opinion testimony of any witness not identified as demanded herein. NOTICE OF DISCOVERY AND INSPECTION -2- 2 of 14 FILED: KINGS COUNTY CLERK 11/19/2018 03:29 PM INDEX NO. 519872/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/19/2018 7. Reports concerning medical history, examination, diagnosis, testing, treatment and prognosis which are in your possession or control and have been prepared by or at the direction of any physician who has seen the plaintiff(s) for the purpose of medical advice, consultations, testing or treatment; 8. Photographs showing the Plaintiff(s) injuries, the site of the incident alleged in the complaint, or any photographs which are otherwise relevant; 9. Copies of all pleadings, discovery demands and responses served by and between the Plaintiffs(s)'and Defendants(s)'; and 10. Copies of checks, bills and records evidencing claimed special damages and collateral source reimbursement. 11. Copies of the transcripts from any hearing in which the Plaintiff(s) claims and/or injuries were discussed. PLEASE TAKE FURTHER NOTICE that this is a continuing demand. DEMAND FOR AUTHORIZATIONS 12. Records of every physician or other health care provider who has examined or provided medical advice, care, consultations, testing or treatment to plaintiff(s), or who has overseen Plaintiff(s) medical care, consultations, testing or treatment, or who has assisted Plaintiff(s) in obtaining Federal benefits; 13. Records of every hospital at which plaintiff(s) has been examined or at which medical advice, care, consultations, testing or treatment was rendered; -3- 3 of 14 FILED: KINGS COUNTY CLERK 11/19/2018 03:29 PM INDEX NO. 519872/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/19/2018 14. Records of every physician, pharmacy or health care provider from whom plaintiff(s) obtained medication as a result of the injuries alleged in the complaint; 15. The Federal income tax returns of plaintiff(s) for the period covering three calendar years prior to the date of occurrence to the present. 16. Employment records of plaintiff(s) for the period from three years prior to the date of occurrence to the present. 17. Records of the Social Security Administration with respect to the plaintiff(s) claim for Federal Disability benefits. 18. Records relating to the Plaintiff(s) claim for Medicaid benefits. PLEASE TAKE FURTHER NOTICE that this is a continuing demand. DEMAND FOR STATEMENTS 19. Copies of any written or recorded statement of Defendant(s) or any person you claim was or is an employee or agent of Defendant(s) currently in your possession; 20. For any oral statement by Defendant(s) or any person you claim to be an employee or agent of Defendant(s) a suniniary of the substance of that statement. Additionally, set forth the date, time, and place the statement was made and identify the person(s) to whom it was made or who overheard it. PLEASE TAKE FURTHER NOTICE that this is a continuing demand. DEMAND FOR PHOTOGRAPHS 21. Copies of all photographs and/or films and/or videos and/or other images, which are in the possession and/or control of Plaintiff(s) which relate to the occurrence described in the Complaint and/or which depict: (a) the accident scene; (b) alleged defect(s) which caused the 4 of 14 FILED: KINGS COUNTY CLERK 11/19/2018 03:29 PM INDEX NO. 519872/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/19/2018 accident; c) any property damaged in the alleged incident; and (d) alleged injuries of plaintiff(s). PLEASE TAKE FURTHER NOTICE that this is a continuing demand. DEMAND FOR COLLATERAL SOURCE AUTHORIZATIONS 22. PLEASE TAKE NOTICE that, pursuant to CPLR 4545, Defendant(s) demand that you provide duly notarized and properly addressed authorizations permitting them to obtain copies of collateral source reimbursement records with respect to claims made by Plaintiff(s), including, but not limited to, the following: (a) Insurance companies (included the names of the insurer and insured, and any identifying policy numbers); (b) Social Security (include the Social Security number and date of birth of plaintiff(s); Workers' (c) Compensation (include the claim number); (d) Employee benefit programs (including the name of the program and any identifying numbers); (e) Medicare, Medicaid or such other state or federally funded benefit program (include program name and any identifying numbers). PLEASE TAKE FURTHER NOTICE that this is a continuing demand. DEMAND FOR MEDICARE/MEDICAID INFORMATION 23. A statement as to whether the Plaintiff(s) has received benefits from either Medicare and/or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If so, please provide: -5- 5 of 14 FILED: KINGS COUNTY CLERK 11/19/2018 03:29 PM INDEX NO. 519872/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/19/2018 a. Plaintiff'(s) date of birth; b. Plaintiff'(s) social security number; c. Medicare/Medicaid file number(s); d. Address of the office handling the Plaintiff'(s) Medicare/Medicaid files; e. Copies of alldocuments, records, memoranda, notes, etc., in the Plaintiff'(s) possession pertaining to Plaintiff'(s) receipt of Medicare and/or Medicaid benefits; and f. A duly executed authorization bearing the social security number permitting this firm and other representatives of Defendant(s) to obtain copies of Plaintiff'(s) Medicare and/or Medicaid records. 24. Any and all lien notices from Medicare, Medicaid, and/or any other collateral source providers, relevant to this matter. 25. Any and all medical bills,paid in whole or in part by Medicare and/or Medicaid, generated from any healthcare provides that relate in any way to the treatment and/or examination of the Plaintiff regarding the incident alleged in the Complaint. 26. Any and all Medicare and/or Medicaid correspondence, bills, status reports, Medicare and/or Medicaid Beneficiary Card(s), Medicare and/or Medicaid Award letters,or medical records received from the Centers for Medicare and Medicaid Services ("CMS"), the Coordinator of Benefits ("COB"), or any Medicare and/or Medicaid third party administrator. 27. Any correspondence, email, or other document evidencing that Plaintiff(s), or someone on Plaintiff'(s) behalf, has provided notice of the instant action to Medicare and/or Medicaid, or to any state agency which has paid Medicare and/or Medicaid, or any other public health assistance benefits to Plaintiff(s) or to any person or entity on Plaintiff'(s) behalf. -6- 6 of 14 FILED: KINGS COUNTY CLERK 11/19/2018 03:29 PM INDEX NO. 519872/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/19/2018 PLEASE TAKE FURTHER NOTICE that this is a continuing demand. Dated: Bellmore, New York November 19, 2018 Jeffrey B. Gold, Esq. Gold Benes, LLP Attorneys for Defendants JOSEPH A. BRIZZI & SONS, INC. 1666 Newbridge Road, Second Floor Bellmore, New York 11710 (516) 512-6333 TO: Sara Director, Esq. Barasch, McGarry, Salzman & Penson Attorneys for Plaintiff MICHAEL VINDIGNI 11 Park Place, Suite 1801 New York, New York 10007 (212) 385-8000 -7- 7 of 14 FILED: KINGS COUNTY CLERK 11/19/2018 03:29 PM INDEX NO. 519872/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------X MICHAEL VINDIGNI, Index No.: 519872/2018 Plaintiffs, DEMAND FOR A VERIFIED BILL OF PARTICULARS -against- JOSEPH A. BRIZZI & SONS, INC., and FLEMINGTON ELECTRICAL MAINTENANCE, INC., Defendants. ---------------------------------- -- --------------------X PLEASE TAKE NOTICE that, pursuant to CPLR 3041 through 3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned within thirty (30) days after the receipt of this demand. In the event of your failure to comply within that time, a motion may be made for an order precluding you from offering any evidence of the causes of action alleged in the complaint concerning the following items: 1. Set forth the Plaintiff(s) full name. 2. Set forth the Plaintiff(s) date of birth. 3. Set forth the Plaintiff(s) Social Security number. 4. State the residence address of Plaintiff(s): (a) at the time of the events which are the subject of the Complaint; and (b) at the present time. 5 Set forth the date and approximate time of day of the occurrence which is subject to the Complaint. 6. Set forth the exact location of the occurrence which is the subject of the Complaint. 7. Set forth an itemized statement of each and every act and/or omission by the Defendant(s) which Plaintiff(s) will claim constitutes the alleged negligence. defendant(s)' 8. If the Plaintiff(s) will claim that the violated any state or local laws, 8 of 14 FILED: KINGS COUNTY CLERK 11/19/2018 03:29 PM INDEX NO. 519872/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/19/2018 rules, regulations or ordinance and specify the manner in which itwill be claimed each was violated by each of the defendant(s)'. 9. If there are any claims of vicarious liability against the Defendant(s), state the name of each and every person or entity for whose conduct itis claimed the Defendant(s) is vicariously liable and set forth a concise statement of each act or omission allegedly committed by each and every said person or entity which constitutes the alleged negligence. 10. Set forth the date, time and place of each act or omission referred to in response number 9, above. "defective" 11. Identify any condition which the Plaintiff(s) will claim existed and caused in contributed to the accident. 12. Set forth in what manner the defendant(s) had notice of said "dangerous", or "defective" condition(s) set forth in "11". 13. If actual notice is claimed, set forth: (a) when; (b) to whom; (c) by whom; (d) where; and (e) in what manner such notice was given. 14. If actual notice was in writing, provide a copy of that document. 15. If actual notice was oral, set forth the sum and substance of that notice. 16. If constructive notice is claimed, state the duration of time that the alleged dangerous or hazardous condition(s) existed. 17. Set forth the injuries that the Plaintiff(s) suffered as a result of the alleged negligence, specifying what injuries, ifany, the plaintiff(s) will claim are permanent. 18. Set forth whether the Plaintiff(s) will claim that any of the injuries sustained constitutes an exacerbation of a pre-existing injury or condition. 9 of 14 FILED: KINGS COUNTY CLERK 11/19/2018 03:29 PM INDEX NO. 519872/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/19/2018 19. If the Plaintiff(s) response to the preceding item demanded is affirmative, set forth the nature and extent of the pre-existing injury or condition was sustained and/or diagnosed. 20. If itis claimed that the Plaintiff(s) was disabled as result of any injury sustained, set forth: (a) the length of time the Plaintiff(s) was partially disabled; and (b) the length of time the Plaintiff(s) was totally disabled. 21. Set forth the length of time that the Plaintiff(s) was confined to: (a) hospital; (b) bed; and (c) home as a result of the injuries alleged in the Complaint. 22. Set forth the name and address of employer: (a) at the time of the events which are the subject of the Complaint; and (b) at the present time. 23. 'If self-employed, state the name and nature of the Plaintiff(s) business and the business address. 24. Itemize alleged special damages relative to: (a) Loss of earnings; (b) Impairment of future earning capacity; (c) Physician expenses; (d) Physical therapist expenses; (e) Hospital expenses; (f) Nurses and/or home health care aide expenses; (g) Prescription medication expenses; and (h) Other special damages. 25. If any medical bills or lost wages were paid, in whole or in part, from a collateral 10 of 14 FILED: KINGS COUNTY CLERK 11/19/2018 03:29 PM INDEX NO. 519872/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/19/2018 source, state the name and address of the source and the amount paid. PLEASE TAKE FURTHER NOTICE that this is a continuing demand. Dated: November 19, 2018 Bellmore, New York Jeffrey B. Gold, Esq. Gold Benes, LLP Attorneys for Defendants JOSEPH A. BRIZZI & SONS, INC. 1666 Newbridge Road, Second Floor Bellmore, New York 11710 (516) 512-6333 TO: Sara Director, Esq. Barasch, McGarry, Salzman & Penson Attorneys for Plaintiff MICHAEL VINDIGNI 11 Park Place, Suite 1801 New York, New York 10007 (212) 385-8000 11 of 14 FILED: KINGS COUNTY CLERK 11/19/2018 03:29 PM INDEX NO. 519872/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------- ---------- X MICHAEL VINDIGNI, Index No.: 519872/2018 Plaintiffs, DEPOSITION NOTICE -against- JOSEPH A. BRIZZI & SONS, INC., and FLEMINGTON ELECTRICAL MAINTENANCE, INC., Defendants. -- X PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the testimony upon oral examination of Plaintiff(s) will be taken before 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 who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein on a date and location to be determined at the Preliminary Conference with respect to evidence material and necessary to the defense of this action. PLEASE TAKE FURTHER NOTICE that this is a continuing demand. Dated: November 19, 2018 Bellmore, New York Jeffrey B. GoRC-Es Gold Benes, LLP Attorneys for Defendants JOSEPH A. BRIZZI & SONS, INC. 1666 Newbridge Road, Second Floor Bellmore, New York 11710 (516) 512-6333 TO: Sara Director, Esq. Barasch, McGarry, Salzman & Penson Attorneys for Plaintiff MICHAEL VINDIGNI 11 Park Place, Suite 1801 New York, New York 10007 (212) 385-8000 12 of 14 FILED: KINGS COUNTY CLERK 11/19/2018 03:29 PM INDEX NO. 519872/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------- X MICHAEL VINDIGNI, Index No. 519872/2018 Plaintiffs, DECLINATION OF SERVICE VIA FACSIMILE -against- JOSEPH A. BRIZZI & SONS, INC., and FLEMINGTON ELECTRICAL MAINTENANCE, INC., Defendants. ------------------------- --------- ----------- ¬--X PLEASE TAKE NOTICE, that the answering Defendants hereby decline receipt of service of legal papers of any type whatsoever by facsimile. Dated: November 19, 2018 Bellmore, New York #e ey B. G613, Es Gold Benes, LLP Attorneys for Defendants JOSEPH A. BRIZZI & SONS, INC. 1666 Newbridge Road, Second Floor Bellmore, New York 11710 (516) 512-6333 TO: Sara Director, Esq. Barasch, McGarry, Salzman & Penson Attorneys for Plaintiff MICHAEL VINDIGNI 11 Park Place, Suite 1801 New York, New York 10007 (212) 385-8000 13 of 14 FILED: KINGS COUNTY CLERK 11/19/2018 03:29 PM INDEX NO. 519872/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/19/2018 B A umu a i a a n ai ai n a n aaaa - 14 of 14