Preview
FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/14/2020
EXHIBIT D
FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019
MED
NYSCEF DOC. :
NO.
NEW
23 YORK COUNTY CLERK 09/30/2020 03; 14 PM|
RECEIVED EDEMNYSCEF:
50. 15 10/14/2020
3 )19
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------X Index No.: 157396/2019
YOLANDA MAYRANT,
Plaintiff,
-against- VERIFIED BILL OF
PARTICULARS
MOHAMMAD UDDIN,
Defendant.
---------------------------------------------------------------X
COUNSELORS:
Plaintiff by her attorneys, ROSS & HILL, ESQS., as and for her Verified Bill of
Particulars with respect to defendant MOHAMMAD UDDIN respectfully sets forth as
follows, upon information and belief:
1. Plaintiff s name is YOLANDA MAYRANT and she is currently residing at 302
West 105th New New York 10039.
Street, York,
2. Plaintiff s age at the time of his accident was 48 years old. Plaintiff s date of
3. Plaintiff s social security number is
4. The accident occurred on September 15, 2018 at approximately 1:30 AM.
5. The accident occurred on the FDR Drive near 63rd New New
Drive, York,
York.
6. Defendant was negligent, careless and reckless; in the operation,
mamgement, control, ownership and maintenance of his motor vehicle; in changing lanes
unsafely; in sideswiping another vehicle; in failing to keep a proper lookout; in failing to
give any sign, signal, and/or warning of the approach of his motor vehicle; in failing to
FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019
-
NYSCEF DOC. NO. 23 RECEIVED RDEMNYSCEF:
O. 10/14/2020
57396 9
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11YSCEF DOC. NO. 12 RECEfVED NYSCEF: 09/30/2020
- iêñitfréTigift-of"why;1n ránflifto úss of pro-péFlÿ iise the bralfing inechanism in the
,y
vehicle; in failing to use the or properly use the steering mechanism in the vehicle; in
failing to use such equipment as did exist in an attempt to avoid the within occurrence; in
failing to keep the motor vehicle under proper control; in failing to take into account,
observe and react to roadway and traffic conditions prevailing at the time of the accident;
in failing to see what was there to be seen; in speeding; in skidding; in failing to sound the
horn or give any other warning; failing to properly maintain the motor vehicle; and failing
to obey traffic rules and regulations there and then existing; in failing to keep the vehicle in
proper repair; in failing to operate his motor vehicle with due regard to the rights and
safety of the plaintiff; in texting or otherwise using a cellphone while driving; in texting
while driving; in looking at cell phone while driving.
7. The impact occurred to the passenger side back door.
8. Defendant violated Sections: 1101; 1102; 1110; 1111; 1112; 1113; 1114;
1115; 1120; 1121; 1122; 1124; 1125; 1126; 1127; 1128; 1129; 1130; 1131; 1140; 1141;
1142; 1145; 1146; 1151; 1151-a; 1160; 1161; 1163; 1164; 1166; 1172; 1173; 1175; 1180;
1180-a; 1181; 1192; 1200; 1203; 1212; 1213; 1225; 1225-a; 1226; of the Vehicle and
Traffic Laws of the State of New York, along with all other applicable statutes, ordinances,
rules and regulations that the Court will take judicial notice of at the time of trial.
9. Plaintiff was a passenger in motor vehicle bearing license plate number
T721756C.
10. Plaintiff sustained the following injuries all of which are alleged to be
permanent in nature:
FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019
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• Complex tear of the and posterior horn medial meniscus;
body
• Tendinosis of the medial head gastrocnemius tendon;
• Internal derangement;
• Impingement;
• Loss of range of motion;
RIGHT SHOULDER
• Tear of the supraspinatus tendon;
• Tear of the anterior labrum;
• Tendinosis of the infraspinatus tendon;
• Joint effusion;
• Internal derangement;
• Impingement;
• Loss of range of motion;
CERVICAL SPINE
• Disc bulge at C4-C5 the ventral thecal sac and the ventral
impinging abutting
cord. The bulge effaces the lateral and narrows the bilateral neuroforamina;
• Disc bulge at C5-C6 the ventral
impinging sac;
• Disc bulge at C6-C7 on the ventral sac;
impinging
• Radiculopathy;
• Internal derangement;
FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019
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NEW23YORK COUNTY CLERK 09730/2020 03 : 14 PM RECEIVED NYSCEF: 10/14/2020
HYsCEF DOC. !O. 12 RECEIVE SCEF: CD 30 2020
THORACIC SPINE
• Disc bulge at T5-T8;
• Radiculopathy;
• Internal derangement;
• Loss of range of motion;
LUMBAR SPINE
• Annular disc bulge at L4-L5 bilateral extra foraminal space and
encroaching
intraforaminal fat;
• Annular disc bulge at L5-S1 bilateral extra foraminal space and
encroaching
intraforaminal fat;
• Radiculopathy;
• Internal derangement;
• Loss of range of motion.
11. Plaintiff received medical treatment at the following facilities:
• NYU Langone Tisch Hospital 550 1stAvenue New New York
York, 10016;
• Mark PLLC 127 East 107th Street New New
Heyligers, D.C., York, York;
• Optimum Health PC 1277 East 107th New New
Acupuncture, street, York,
York 10029;
• CitiMedical PLLC 1277 East 107th New New York
I, street, York, 10029;
• OrthoPro Services, Inc. 155 East 55 thstreet, New York, New York 10022;
• CitiMed Diagnostic 1963 Grand Concourse, Bronx New York 10453.
FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019
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NEW 23 YORK COUNTY CLERK 09/30(2020 03:14 PM)
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/30/2020
- n. vsemnm was cotifmed Yotiedied an'd hbhiefñeñÏ1'ittentip.
13. Plaintiff was incapacitated from her employment for one
approximately (1)
day.
14. Plaintiff is claiming the in special damages:
following
a. Physician services: Mark Heyligers, D.C.,
$ 1,429.19
CitiMedical
$ 4,819.19 and continuing.
Optimum Health Acupuncture, PC
$ 6,866.27 and continuing.
b. Medical supplies: Not applicable.
c. Lost earnings: Not applicable.
d. Hospital expenses: NYU Langone Tisch Hospital
To be provided upon receipt.
e. X-ray and Diagnostic testing: CitiMed Diagnostic
$4,560.00
f. Nurses service: Not applicable.
g. Lost wages: Not applicable.
15. Plaintiff does not know the name and address of witnesses to the subject
accident other than the parties to this action.
16. Please see #15.
17. Plaintiff is employed by DHS 33 Beaver Street, New York, New York 10004.
18. Plaintiff was not enrolled in school at the time of his accident.
19. Plaintiff No-Fault insurance is American Transit Insurance Company 5
Broadway, Freeport, New York 11520 Claim No.: 1040486-01.
FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019
NYSCEF DOC. NO. 23 RECEIVED IliOE NYSCEF:
0. 10/14/2020
'_573PG 2T-3
(FILED : NEW YORK COUNTY CLERK 09/30/2020 03: 14 PM)
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09 30/2020
aarun,mire scsñnitedvieifõiffirijlify'ak d 1 ÍŸÏifon (dj of
section 5102 of the Insurance Lawin that the injuries sustained fallwithin one or more of
the following definitions of serious injury: Including, but not limited to, a fracture; a
significant disfigurement; permanent loss of use of a body organ or member; significant
limitation of use of a body function or system; or a medically determined injury or
impairment of a non-permanent nature which prevents plaintiff from performing
substantially allof the material acts which constitute her usual and customary daily
activities for not less than ninety days during the one hundred eighty days immediately
following the occurrence of the injury or impairment. Plaintiff has sustained a loss in
excess of the basic loss as defined by §5102 of the Insurance Law of the State of New York
including but not limited to all necessary expenses incurred for medical, hospital, surgical,
nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; psychiatric,
physical and occupational therapy and rehabilitation; any other professional health
services; and all other reasonable and necessary expenses incurred.
21. Not applicable.
22. Not applicable.
23. Not applicable.
24. Not applicable.
25. Not applicable.
PLEASE TAKE NOTICE, that plaintiff reserves her right to serve further,
supplemental and/or amended Billof Particulars up to the time of trial of this matter.
FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019
NYSCEF INDEXNYSCEF:
NO. 157396/2019
|FILED DOC.: NO.
NEW 23YORK COUNTY CLERK 09/30/2020 03:14 PM RECEIVED 10/14/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/30/2020
January 23, 2020
JameÚ R Esq. of
ROSS & HILL, ESQS.
AttorneysforPlaintiff
YOLANDA MAYRANT
16 Court 35th FlOOr
Street,
Brooklyn, NY 11241
(718)855-2324
To:
Ronit Z. Moskovits, Esq.
BAKER, McEVOY, MORRISEY
& MOSKOVITZ, PC
Attorney for Defendant
MOHAMMAD UDDIN
One Metro Tech 8th Floor
Center,
Brooklyn, New York 11201
(212) 857-8230
File No.: 1040486
FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019
NYSCEF
FILEDDOC.: NO.
NEW23 YORK COUNTY CLERK 09/30/2020 03: 14 PM)
RECEIVED meNYSCEF:
No. 573 as
10/14/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/30 2020
ann-im·vrmtWWMW,·CÙÚNTY UFKINGS) s.s.
1, the undersigned, an attorney duly admitted to practice law in the Courts of this
State, state that I am an associate in Ross and Hill, attorneys of record for plaintiffs in this
action; I have read the foregoing VERIFIED BILL OF PARTICULARS and know the contents
thereof; the same is true to my own knowledge, except as to the matters therein alleged to
be on information and belief and, as to those matters, I believe itto be true.
The reason this verification is made by me and not by the plaintiff is that plaintiff
reside outside the County in which your affirmant maintains offices.
The grounds of my belief as to all matters not stated upon my own knowledge are as
follows: consultation with plaintiffs, investigative reports, memoranda and other data in the
file concerning the subject matter of the within litigation.
I affirm the foregoing statements are true, under the penalty of perjury.
Dated: Brooklyn, New York
January 23, 2020
Ja es ss, Esq.
Preview
FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 10/14/2020 EXHIBIT D FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019 MED NYSCEF DOC. : NO. NEW 23 YORK COUNTY CLERK 09/30/2020 03; 14 PM| RECEIVED EDEMNYSCEF: 50. 15 10/14/2020 3 )19 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------X Index No.: 157396/2019 YOLANDA MAYRANT, Plaintiff, -against- VERIFIED BILL OF PARTICULARS MOHAMMAD UDDIN, Defendant. ---------------------------------------------------------------X COUNSELORS: Plaintiff by her attorneys, ROSS & HILL, ESQS., as and for her Verified Bill of Particulars with respect to defendant MOHAMMAD UDDIN respectfully sets forth as follows, upon information and belief: 1. Plaintiff s name is YOLANDA MAYRANT and she is currently residing at 302 West 105th New New York 10039. Street, York, 2. Plaintiff s age at the time of his accident was 48 years old. Plaintiff s date of 3. Plaintiff s social security number is 4. The accident occurred on September 15, 2018 at approximately 1:30 AM. 5. The accident occurred on the FDR Drive near 63rd New New Drive, York, York. 6. Defendant was negligent, careless and reckless; in the operation, mamgement, control, ownership and maintenance of his motor vehicle; in changing lanes unsafely; in sideswiping another vehicle; in failing to keep a proper lookout; in failing to give any sign, signal, and/or warning of the approach of his motor vehicle; in failing to FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019 - NYSCEF DOC. NO. 23 RECEIVED RDEMNYSCEF: O. 10/14/2020 57396 9 (FILED : NEW YORK COUNTY CLERK 09/30/2020 03:14 PM| 11YSCEF DOC. NO. 12 RECEfVED NYSCEF: 09/30/2020 - iêñitfréTigift-of"why;1n ránflifto úss of pro-péFlÿ iise the bralfing inechanism in the ,y vehicle; in failing to use the or properly use the steering mechanism in the vehicle; in failing to use such equipment as did exist in an attempt to avoid the within occurrence; in failing to keep the motor vehicle under proper control; in failing to take into account, observe and react to roadway and traffic conditions prevailing at the time of the accident; in failing to see what was there to be seen; in speeding; in skidding; in failing to sound the horn or give any other warning; failing to properly maintain the motor vehicle; and failing to obey traffic rules and regulations there and then existing; in failing to keep the vehicle in proper repair; in failing to operate his motor vehicle with due regard to the rights and safety of the plaintiff; in texting or otherwise using a cellphone while driving; in texting while driving; in looking at cell phone while driving. 7. The impact occurred to the passenger side back door. 8. Defendant violated Sections: 1101; 1102; 1110; 1111; 1112; 1113; 1114; 1115; 1120; 1121; 1122; 1124; 1125; 1126; 1127; 1128; 1129; 1130; 1131; 1140; 1141; 1142; 1145; 1146; 1151; 1151-a; 1160; 1161; 1163; 1164; 1166; 1172; 1173; 1175; 1180; 1180-a; 1181; 1192; 1200; 1203; 1212; 1213; 1225; 1225-a; 1226; of the Vehicle and Traffic Laws of the State of New York, along with all other applicable statutes, ordinances, rules and regulations that the Court will take judicial notice of at the time of trial. 9. Plaintiff was a passenger in motor vehicle bearing license plate number T721756C. 10. Plaintiff sustained the following injuries all of which are alleged to be permanent in nature: FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019 NYSCEF (FILED DOC.: NO. NEW 23 YORK COUNTY CLERK 09/30/2020 03:14 RECEIVED EEMNYSCEF: NO. WW/2013 10/14/2020 PM NYSCEF DOC. NO. 12 RECELVED NYSCEF: CD/30 2020 • Complex tear of the and posterior horn medial meniscus; body • Tendinosis of the medial head gastrocnemius tendon; • Internal derangement; • Impingement; • Loss of range of motion; RIGHT SHOULDER • Tear of the supraspinatus tendon; • Tear of the anterior labrum; • Tendinosis of the infraspinatus tendon; • Joint effusion; • Internal derangement; • Impingement; • Loss of range of motion; CERVICAL SPINE • Disc bulge at C4-C5 the ventral thecal sac and the ventral impinging abutting cord. The bulge effaces the lateral and narrows the bilateral neuroforamina; • Disc bulge at C5-C6 the ventral impinging sac; • Disc bulge at C6-C7 on the ventral sac; impinging • Radiculopathy; • Internal derangement; FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019 NYSCEF FILEDDOC.: NO. NEW23YORK COUNTY CLERK 09730/2020 03 : 14 PM RECEIVED NYSCEF: 10/14/2020 HYsCEF DOC. !O. 12 RECEIVE SCEF: CD 30 2020 THORACIC SPINE • Disc bulge at T5-T8; • Radiculopathy; • Internal derangement; • Loss of range of motion; LUMBAR SPINE • Annular disc bulge at L4-L5 bilateral extra foraminal space and encroaching intraforaminal fat; • Annular disc bulge at L5-S1 bilateral extra foraminal space and encroaching intraforaminal fat; • Radiculopathy; • Internal derangement; • Loss of range of motion. 11. Plaintiff received medical treatment at the following facilities: • NYU Langone Tisch Hospital 550 1stAvenue New New York York, 10016; • Mark PLLC 127 East 107th Street New New Heyligers, D.C., York, York; • Optimum Health PC 1277 East 107th New New Acupuncture, street, York, York 10029; • CitiMedical PLLC 1277 East 107th New New York I, street, York, 10029; • OrthoPro Services, Inc. 155 East 55 thstreet, New York, New York 10022; • CitiMed Diagnostic 1963 Grand Concourse, Bronx New York 10453. FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019 NYSCEF FILEDDOC.: NO. NEW 23 YORK COUNTY CLERK 09/30(2020 03:14 PM) RECEIVED INDEXNYSCEF: NO. 10/14/2020 157396/2319 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/30/2020 - n. vsemnm was cotifmed Yotiedied an'd hbhiefñeñÏ1'ittentip. 13. Plaintiff was incapacitated from her employment for one approximately (1) day. 14. Plaintiff is claiming the in special damages: following a. Physician services: Mark Heyligers, D.C., $ 1,429.19 CitiMedical $ 4,819.19 and continuing. Optimum Health Acupuncture, PC $ 6,866.27 and continuing. b. Medical supplies: Not applicable. c. Lost earnings: Not applicable. d. Hospital expenses: NYU Langone Tisch Hospital To be provided upon receipt. e. X-ray and Diagnostic testing: CitiMed Diagnostic $4,560.00 f. Nurses service: Not applicable. g. Lost wages: Not applicable. 15. Plaintiff does not know the name and address of witnesses to the subject accident other than the parties to this action. 16. Please see #15. 17. Plaintiff is employed by DHS 33 Beaver Street, New York, New York 10004. 18. Plaintiff was not enrolled in school at the time of his accident. 19. Plaintiff No-Fault insurance is American Transit Insurance Company 5 Broadway, Freeport, New York 11520 Claim No.: 1040486-01. FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019 NYSCEF DOC. NO. 23 RECEIVED IliOE NYSCEF: 0. 10/14/2020 '_573PG 2T-3 (FILED : NEW YORK COUNTY CLERK 09/30/2020 03: 14 PM) NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09 30/2020 aarun,mire scsñnitedvieifõiffirijlify'ak d 1 ÍŸÏifon (dj of section 5102 of the Insurance Lawin that the injuries sustained fallwithin one or more of the following definitions of serious injury: Including, but not limited to, a fracture; a significant disfigurement; permanent loss of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents plaintiff from performing substantially allof the material acts which constitute her usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment. Plaintiff has sustained a loss in excess of the basic loss as defined by §5102 of the Insurance Law of the State of New York including but not limited to all necessary expenses incurred for medical, hospital, surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; psychiatric, physical and occupational therapy and rehabilitation; any other professional health services; and all other reasonable and necessary expenses incurred. 21. Not applicable. 22. Not applicable. 23. Not applicable. 24. Not applicable. 25. Not applicable. PLEASE TAKE NOTICE, that plaintiff reserves her right to serve further, supplemental and/or amended Billof Particulars up to the time of trial of this matter. FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019 NYSCEF INDEXNYSCEF: NO. 157396/2019 |FILED DOC.: NO. NEW 23YORK COUNTY CLERK 09/30/2020 03:14 PM RECEIVED 10/14/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/30/2020 January 23, 2020 JameÚ R Esq. of ROSS & HILL, ESQS. AttorneysforPlaintiff YOLANDA MAYRANT 16 Court 35th FlOOr Street, Brooklyn, NY 11241 (718)855-2324 To: Ronit Z. Moskovits, Esq. BAKER, McEVOY, MORRISEY & MOSKOVITZ, PC Attorney for Defendant MOHAMMAD UDDIN One Metro Tech 8th Floor Center, Brooklyn, New York 11201 (212) 857-8230 File No.: 1040486 FILED: NEW YORK COUNTY CLERK 10/14/2020 11:54 AM INDEX NO. 157396/2019 NYSCEF FILEDDOC.: NO. NEW23 YORK COUNTY CLERK 09/30/2020 03: 14 PM) RECEIVED meNYSCEF: No. 573 as 10/14/2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/30 2020 ann-im·vrmtWWMW,·CÙÚNTY UFKINGS) s.s. 1, the undersigned, an attorney duly admitted to practice law in the Courts of this State, state that I am an associate in Ross and Hill, attorneys of record for plaintiffs in this action; I have read the foregoing VERIFIED BILL OF PARTICULARS and know the contents thereof; the same is true to my own knowledge, except as to the matters therein alleged to be on information and belief and, as to those matters, I believe itto be true. The reason this verification is made by me and not by the plaintiff is that plaintiff reside outside the County in which your affirmant maintains offices. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: consultation with plaintiffs, investigative reports, memoranda and other data in the file concerning the subject matter of the within litigation. I affirm the foregoing statements are true, under the penalty of perjury. Dated: Brooklyn, New York January 23, 2020 Ja es ss, Esq.