On October 01, 2018 a
DEMAND FOR BILL OF PARTICULARS - Demand for Verified Bill of Particulars
was filed
involving a dispute between
Marthe Milius,
and
Isabelle Charles,
for Torts - Other Negligence (PERSONAL INJURY)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 01/30/2019 04:53 PM INDEX NO. 519726/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/30/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------X Index No.: 519726/2018
E-file
MARTHE MILIUS,
Plaintiff(s), DEMAND FOR
-against- VERIFIED BILL OF
PARTICULARS
ISABELLE CHARLES, FROM PLAINTIFF
Defendant(s)
----------------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE, that pursuant to this Demand, the Plaintiff is required to
serve a Verified Bill of Particulars with the following information within twenty (20) days of the
date of service hereof upon you:
1. Age of Plaintiff's, date of birth, place(s) of birth and Social Security numbers.
2. Date of accident.
3. Time of accident.
4. Place of accident. If in a building, set forth the address, and identify with specific
particularity for identification the location therein.
5. Acts of wrongdoing claimed separately, against defendants.
6. Whether actual notice of a defective, deficient or unsafe condition is alleged, and,
ifso:
(a) The person or persons to whom given;
(b) The place or places where given;
(c) The date or dates when given;
(d) The person or persons by whom given.
7. Whether constructive notice of a defective, deficient or unsafe condition is
alleged, and if so:
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(a) Nature of condition;
(b) Location of condition;
(c) Duration of condition with date of inception, the date constructive notice
will be claimed to be given defendants.
8. All acts and omissions allegedly constituting negligence and carelessness on the
part of the defendants.
9. The exact location where the accident occurred, giving distances and exact
measurements.
10. Statement of all injuries claimed, including a detailed statement of those claimed
to be permanent.
11. Ifloss of earnings claimed:
(a) Name of employer and address;
(b) Number of days incapacitated setting forth the dates;
(c) Daily, weekly or monthly earnings;
(d) Total amount of loss claimed.
12. If plaintiff was a student at the time of the accident:
(a) Name and address of school;
(b) Dates student failed to attend school as a result of accident.
13. Ifconfined to or treated at a hospital:
(a) Length of time confined giving dates;
(b) Name and address of hospital.
14. Ifconfined to or treated at home:
(a) Length of time conf-med to bed, giving dates;
(b) Length of time confined to home, giving dates.
15. Statement of special damages incurred for:
(a) Hospital and dates of visits;
(b) Physicians and dates of visits;
(c) Nurses and dates of visits;
(d) Medical equipment;
(e) Medicines and dates obtained;
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(f) Other (specify).
16. A verified statement setting forth the residence and post office address of the
plaintiff.
17. If loss of service is claimed, set forth the exact nature of the service stating what
was done or not done as a result of the alleged occurrence.
18. If any statutes, laws or rules are claimed to have been violated by the defendants
set forth the title of any such law and the section or sections and subsection or subsections
claimed to have been violated.
PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with the
within Demand and provide a Verified Bill of Particulars within the time specified by statute
application will be made to the court for an order precluding the plaintiffs from introducing at the
trial of this action evidence as to those items which particulars have been demanded and not
provided.
Dated: New York, New York
January 30, 2019 Yours, etc.
SILVE A SH YRNE PLLC
By:
Micha 1 Byrne
Attorneys for De fendant
ISABELLE CHARLES
Wall Street Plaza
22nd
88 Pine Street, FlOOr
New York, New York 10005
(212) 779-8600
File No.: 990.052
TO: Mark J. Linder, Esq.
HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiffs
3 Park Avenue, Suite 2300
New York, New York 10016
506698 1
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Preview
FILED: KINGS COUNTY CLERK 01/30/2019 04:53 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/30/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------X Index No.: 519726/2018 E-file MARTHE MILIUS, Plaintiff(s), DEMAND FOR -against- VERIFIED BILL OF PARTICULARS ISABELLE CHARLES, FROM PLAINTIFF Defendant(s) ----------------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE, that pursuant to this Demand, the Plaintiff is required to serve a Verified Bill of Particulars with the following information within twenty (20) days of the date of service hereof upon you: 1. Age of Plaintiff's, date of birth, place(s) of birth and Social Security numbers. 2. Date of accident. 3. Time of accident. 4. Place of accident. If in a building, set forth the address, and identify with specific particularity for identification the location therein. 5. Acts of wrongdoing claimed separately, against defendants. 6. Whether actual notice of a defective, deficient or unsafe condition is alleged, and, ifso: (a) The person or persons to whom given; (b) The place or places where given; (c) The date or dates when given; (d) The person or persons by whom given. 7. Whether constructive notice of a defective, deficient or unsafe condition is alleged, and if so: 506698_1 1 of 3 FILED: KINGS COUNTY CLERK 01/30/2019 04:53 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/30/2019 (a) Nature of condition; (b) Location of condition; (c) Duration of condition with date of inception, the date constructive notice will be claimed to be given defendants. 8. All acts and omissions allegedly constituting negligence and carelessness on the part of the defendants. 9. The exact location where the accident occurred, giving distances and exact measurements. 10. Statement of all injuries claimed, including a detailed statement of those claimed to be permanent. 11. Ifloss of earnings claimed: (a) Name of employer and address; (b) Number of days incapacitated setting forth the dates; (c) Daily, weekly or monthly earnings; (d) Total amount of loss claimed. 12. If plaintiff was a student at the time of the accident: (a) Name and address of school; (b) Dates student failed to attend school as a result of accident. 13. Ifconfined to or treated at a hospital: (a) Length of time confined giving dates; (b) Name and address of hospital. 14. Ifconfined to or treated at home: (a) Length of time conf-med to bed, giving dates; (b) Length of time confined to home, giving dates. 15. Statement of special damages incurred for: (a) Hospital and dates of visits; (b) Physicians and dates of visits; (c) Nurses and dates of visits; (d) Medical equipment; (e) Medicines and dates obtained; 506698_1 2 of 3 FILED: KINGS COUNTY CLERK 01/30/2019 04:53 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/30/2019 (f) Other (specify). 16. A verified statement setting forth the residence and post office address of the plaintiff. 17. If loss of service is claimed, set forth the exact nature of the service stating what was done or not done as a result of the alleged occurrence. 18. If any statutes, laws or rules are claimed to have been violated by the defendants set forth the title of any such law and the section or sections and subsection or subsections claimed to have been violated. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with the within Demand and provide a Verified Bill of Particulars within the time specified by statute application will be made to the court for an order precluding the plaintiffs from introducing at the trial of this action evidence as to those items which particulars have been demanded and not provided. Dated: New York, New York January 30, 2019 Yours, etc. SILVE A SH YRNE PLLC By: Micha 1 Byrne Attorneys for De fendant ISABELLE CHARLES Wall Street Plaza 22nd 88 Pine Street, FlOOr New York, New York 10005 (212) 779-8600 File No.: 990.052 TO: Mark J. Linder, Esq. HARMON, LINDER & ROGOWSKY Attorneys for Plaintiffs 3 Park Avenue, Suite 2300 New York, New York 10016 506698 1 3 of 3