Preview
FILED: NEW YORK COUNTY CLERK 11/01/2018 05:31 PM INDEX NO. 154863/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/01/2018
SUPREME COURT OF THE STATE OF NEWYORK
COUNTY OF NEW YORK
---------------------------------------------------------------X
ROBERTO RODRIGUEZ, Index No.: 154863/2018
Plaintiff(s), DEMAND FOR A
VERIFIED BILL OF
-against- PARTICULARS
VILLAGEFH LLC and SMI CONSTRUCTION
MANAGEMENT INC.,
Defendant(s).
--------------------------------------------------------------------X
PLEASE TAKE NOTICE, that the plaintiffhereby demands of defendants that they serve
the undersigned within twenty (20) days from the date of service of this Notice, a Verified Bill of
Particulars of the Affirmative Defenses plead in his Answer, setting forth in detail the following:
DEMAND WITH RESPECT TO AFFIRMATIVE
DEFENSE OF LACK OF JURISDICTION
1. Set forth how itis alleged that service upon the defendants was improper.
2. Set forth the full name and title of all individuals designated to accept service on
behalf of the defendants.
3. Set forth who itis alleged was served on behalf of the defendant in this action, and
further state their job title and current employment status.
DEMANDS WITH RESPECT TO AFFIRMATIVE
DEFENSEOF CULPABLE CONDUCT
4. Set forth how itis alleged that plaintiffs conduct contributed to this occurrence.
10
1 of 6
FILED: NEW YORK COUNTY CLERK 11/01/2018 05:31 PM INDEX NO. 154863/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/01/2018
5. Set forth a precise statement of all acts or omissions constituting the negligence
claimed of the plaintiff.
6. Set forth the dates, times of day of the alleged acts, culpable conduct and/or
negligence which will be alleged and claimed against the plaintiff herein.
7. Set forth: (a) the locations of the occurrence of each of the alleged acts of culpable
conduct and/or negligence which will be alleged and claimed against the plaintiffherein; (b) indicate
the name and/or identity of each party present as to each of the above.
8. Set forth with particularity each and every act and/or omission which the defendants
will claim as the basis of the alleged culpable conduct and/or negligence of the plaintiff herein.
9. If defendant will attempt to advance any claim of vicarious liability with respect to
acts and/or omissions of culpable conduct and/or negligence as to the plaintiff herein, set forth the
names and addresses of each and every individual who performed each act or failed to perform any
act of alleged culpable conduct and/or negligence on behalf of the plaintiff with the date of each such
act or omission. If the names are not known, describe each individual by physical appearance or
otherwise with sufficient clarity to make possible and ready identification.
10. Set forth each and every injury and/or damage to the plaintiff which were caused in
whole or in part by the alleged culpable conduct and/or negligence of the plaintiff and the manner in
which damages must be reduced.
DEMANDS WITH RESPECT TO AFFIRMATIVE
DEFENSE THAT PLAINTIFF'S CLAIM IS BARRED
BY THE WORKERS COMPENSATION LAW
1 1. Set forth the dates of plaintiff s employment by the defendant.
11
2 of 6
FILED: NEW YORK COUNTY CLERK 11/01/2018 05:31 PM INDEX NO. 154863/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/01/2018
12. Set forth the nature ofthe alleged employer-employee relationship between defendant
and plaintiff.
13. Set forth the basis of the defense that plaintiffs claim is barred by the Workers
Compensation Law.
DEMAND WITH RESPECT TO AFFIRMATIVE
DEFENSE OF ASSUMPTION OF THE RISK
14. Set forth precisely how it is alleged that plaintiff was engaged in an inherently
dangerous activity.
15. Set forth a precise statement of alldangers and risks which are alleged to have been
known or assumed by the plaintiff.
16. Set forth the length of time itis alleged that the risks and dangers stated above are
claimed to have existed prior to the occurrence.
EMANDS WITH RESPECT TO AFFIRMATIVE
DEFENSE OF FAILURE TO MITIGATE DAMAGES
17. Set forth precisely what damages itis alleged plaintiff failed to mitigate.
18. Set forth precisely how itis alleged the plaintiff could have mitigated his damages.
DEMAND WITH RESPECT TO AFFIRMATIVE
DEFENSE OF ARTICLE 16
19. Set forth how itis alleged Article 16 isapplicable.
20. Set forth how itis alleged Article 10 of the Labor Law is not applicable.
DEMANDS WITH RESPECT TO AFFIRMATIVE
DEFENSE OF FAILURE TO STATE A CAUSE OF ACTION
21. Set forth in what respect plaintiffs complaint fails to state a cause of action against
this defendant.
12
3 of 6
FILED: NEW YORK COUNTY CLERK 11/01/2018 05:31 PM INDEX NO. 154863/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/01/2018
Dated: New York, New York
November 01, 2018
Yours, etc.,
.
Stavros E. Sitinas
STAVROS E. SITINAS, LLC
Attorney for Plaintiff(s)
444 Madison Avenue, 4th Floor
New York, NY 10022
(212) 539-1800
TO: RAVEN & KOLBE, LLP
Attorneys for Defendant, SMI CONSTRUCTION MANAGEMENT INC.
5611'
126 Street, Suite 202
New York, NY 10022
(212) 759-7466
EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK
Attorney for Defendant, VILLAGEFH, LLC
28d'
55 Water Street, Floor
New York, NY 10041
(212) 612-4200
13
4 of 6
FILED: NEW YORK COUNTY CLERK 11/01/2018 05:31 PM INDEX NO. 154863/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/01/2018
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
ss.
COUNTY OF NEW YORK )
Lula Toone, being duly sworn, deposes and says:
Deponent is not a party to this action, is over 18 years of age and resides within the State
of New York.
On November 01, 2018, deponent served the within COMBINED DEMANDS,
DEMAND FOR A VERIFIED BILL OF PARTICULARS AND RESPONSE TO
DEFENDANT'S COMBINED DEMANDS upon:
RAVEN & KOLBE, LLP
Attorneys for Defendant, SMI CONSTRUCTION MANAGEMENT INC.
126 56th Street, Suite 202
New York, NY 10022
(212) 759-7466
EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK
Attorney for Defendant, VILLAGEFH, LLC
55 Water Street, 28th Floor
New York, NY 10041
(212) 612-4200
by electronic filing and mailing the same in a sealed envelope, with postage prepaid thereon, in a post
office or official depository of the U.S. Postal Service within the State ofNew York, addressed to the
lastknown address of the addressee as indicated abo .
Lula Toone
Sworn to before me on
November . , 018
Notary Public
SITINAS
STAVROS E.
Yor k
State of New
Public, 6057719
Notary
No. 0 2 S1 C ou nty
York
Quallfled in New 23, 2
Expires April
Commission
5 of 6
FILED: NEW YORK COUNTY CLERK 11/01/2018 05:31 PM INDEX NO. 154863/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/01/2018
Index No. 154863/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ROBERTO RODRIGUEZ,
Plaintiff,
-against-
VILLAGEFH LLC and SMI CONSTRUCTION MANAGEMENT INC.,
Defendants.
DEMAND FOR A VERIFIED BILL OF PARTICULARS
STAVROS E. SITINAS, LLC
Attorney for Plaintiff
4th
444 Madison Avenue, plOOr
New York, NY 10022
(212)539-1800
6 of 6
Preview
FILED: NEW YORK COUNTY CLERK 11/01/2018 05:31 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/01/2018 SUPREME COURT OF THE STATE OF NEWYORK COUNTY OF NEW YORK ---------------------------------------------------------------X ROBERTO RODRIGUEZ, Index No.: 154863/2018 Plaintiff(s), DEMAND FOR A VERIFIED BILL OF -against- PARTICULARS VILLAGEFH LLC and SMI CONSTRUCTION MANAGEMENT INC., Defendant(s). --------------------------------------------------------------------X PLEASE TAKE NOTICE, that the plaintiffhereby demands of defendants that they serve the undersigned within twenty (20) days from the date of service of this Notice, a Verified Bill of Particulars of the Affirmative Defenses plead in his Answer, setting forth in detail the following: DEMAND WITH RESPECT TO AFFIRMATIVE DEFENSE OF LACK OF JURISDICTION 1. Set forth how itis alleged that service upon the defendants was improper. 2. Set forth the full name and title of all individuals designated to accept service on behalf of the defendants. 3. Set forth who itis alleged was served on behalf of the defendant in this action, and further state their job title and current employment status. DEMANDS WITH RESPECT TO AFFIRMATIVE DEFENSEOF CULPABLE CONDUCT 4. Set forth how itis alleged that plaintiffs conduct contributed to this occurrence. 10 1 of 6 FILED: NEW YORK COUNTY CLERK 11/01/2018 05:31 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/01/2018 5. Set forth a precise statement of all acts or omissions constituting the negligence claimed of the plaintiff. 6. Set forth the dates, times of day of the alleged acts, culpable conduct and/or negligence which will be alleged and claimed against the plaintiff herein. 7. Set forth: (a) the locations of the occurrence of each of the alleged acts of culpable conduct and/or negligence which will be alleged and claimed against the plaintiffherein; (b) indicate the name and/or identity of each party present as to each of the above. 8. Set forth with particularity each and every act and/or omission which the defendants will claim as the basis of the alleged culpable conduct and/or negligence of the plaintiff herein. 9. If defendant will attempt to advance any claim of vicarious liability with respect to acts and/or omissions of culpable conduct and/or negligence as to the plaintiff herein, set forth the names and addresses of each and every individual who performed each act or failed to perform any act of alleged culpable conduct and/or negligence on behalf of the plaintiff with the date of each such act or omission. If the names are not known, describe each individual by physical appearance or otherwise with sufficient clarity to make possible and ready identification. 10. Set forth each and every injury and/or damage to the plaintiff which were caused in whole or in part by the alleged culpable conduct and/or negligence of the plaintiff and the manner in which damages must be reduced. DEMANDS WITH RESPECT TO AFFIRMATIVE DEFENSE THAT PLAINTIFF'S CLAIM IS BARRED BY THE WORKERS COMPENSATION LAW 1 1. Set forth the dates of plaintiff s employment by the defendant. 11 2 of 6 FILED: NEW YORK COUNTY CLERK 11/01/2018 05:31 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/01/2018 12. Set forth the nature ofthe alleged employer-employee relationship between defendant and plaintiff. 13. Set forth the basis of the defense that plaintiffs claim is barred by the Workers Compensation Law. DEMAND WITH RESPECT TO AFFIRMATIVE DEFENSE OF ASSUMPTION OF THE RISK 14. Set forth precisely how it is alleged that plaintiff was engaged in an inherently dangerous activity. 15. Set forth a precise statement of alldangers and risks which are alleged to have been known or assumed by the plaintiff. 16. Set forth the length of time itis alleged that the risks and dangers stated above are claimed to have existed prior to the occurrence. EMANDS WITH RESPECT TO AFFIRMATIVE DEFENSE OF FAILURE TO MITIGATE DAMAGES 17. Set forth precisely what damages itis alleged plaintiff failed to mitigate. 18. Set forth precisely how itis alleged the plaintiff could have mitigated his damages. DEMAND WITH RESPECT TO AFFIRMATIVE DEFENSE OF ARTICLE 16 19. Set forth how itis alleged Article 16 isapplicable. 20. Set forth how itis alleged Article 10 of the Labor Law is not applicable. DEMANDS WITH RESPECT TO AFFIRMATIVE DEFENSE OF FAILURE TO STATE A CAUSE OF ACTION 21. Set forth in what respect plaintiffs complaint fails to state a cause of action against this defendant. 12 3 of 6 FILED: NEW YORK COUNTY CLERK 11/01/2018 05:31 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/01/2018 Dated: New York, New York November 01, 2018 Yours, etc., . Stavros E. Sitinas STAVROS E. SITINAS, LLC Attorney for Plaintiff(s) 444 Madison Avenue, 4th Floor New York, NY 10022 (212) 539-1800 TO: RAVEN & KOLBE, LLP Attorneys for Defendant, SMI CONSTRUCTION MANAGEMENT INC. 5611' 126 Street, Suite 202 New York, NY 10022 (212) 759-7466 EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorney for Defendant, VILLAGEFH, LLC 28d' 55 Water Street, Floor New York, NY 10041 (212) 612-4200 13 4 of 6 FILED: NEW YORK COUNTY CLERK 11/01/2018 05:31 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/01/2018 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ss. COUNTY OF NEW YORK ) Lula Toone, being duly sworn, deposes and says: Deponent is not a party to this action, is over 18 years of age and resides within the State of New York. On November 01, 2018, deponent served the within COMBINED DEMANDS, DEMAND FOR A VERIFIED BILL OF PARTICULARS AND RESPONSE TO DEFENDANT'S COMBINED DEMANDS upon: RAVEN & KOLBE, LLP Attorneys for Defendant, SMI CONSTRUCTION MANAGEMENT INC. 126 56th Street, Suite 202 New York, NY 10022 (212) 759-7466 EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorney for Defendant, VILLAGEFH, LLC 55 Water Street, 28th Floor New York, NY 10041 (212) 612-4200 by electronic filing and mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State ofNew York, addressed to the lastknown address of the addressee as indicated abo . Lula Toone Sworn to before me on November . , 018 Notary Public SITINAS STAVROS E. Yor k State of New Public, 6057719 Notary No. 0 2 S1 C ou nty York Quallfled in New 23, 2 Expires April Commission 5 of 6 FILED: NEW YORK COUNTY CLERK 11/01/2018 05:31 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/01/2018 Index No. 154863/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ROBERTO RODRIGUEZ, Plaintiff, -against- VILLAGEFH LLC and SMI CONSTRUCTION MANAGEMENT INC., Defendants. DEMAND FOR A VERIFIED BILL OF PARTICULARS STAVROS E. SITINAS, LLC Attorney for Plaintiff 4th 444 Madison Avenue, plOOr New York, NY 10022 (212)539-1800 6 of 6