Preview
FILED: NEW YORK COUNTY CLERK 06/23/2020 04:57 PM INDEX NO. 157067/2019
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 06/23/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
========================================X
MAURICE F. DOONA,
Plaintiff, VERIFIED BILL
OF PARTICULARS
-against-
Index No.: 157067/2019
PSEG LONG ISLAND LLC, NEPTUNE REGIONAL
TRANSMISSION SYSTEM, LLC, LONG ISLAND
ELECTRIC UTILITY SERVCO LLC, PUBLIC
SERVICE ENTERPRISE GROUP, PUBLIC SERVICE
ENTERPRISE GROUP INCORPORATED, PUBLIC
SERVICE ELECTRIC AND GAS COMPANY, PSEG
POWER LLC, PSEG POWER NEW YORK LLC, PSEG
ENERGY HOLDINGS LLC, PSEG SERVICES
CORPORATION, POWERBRIDGE LLC, NATIONAL
GRID USA, KEYSPAN ENERGY CORPORATION,
KEYSPAN GAS EAST CORPORATION, KEYSPAN
ENERGY SERVICES INC., COASTAL
CONTRACTING CORP.,
Defendants.
========================================X
Plaintiff, by his attorneys GERMAN RUBENSTEIN LLP, as and for a verified bill of
particulars as to the defendants NEPTUNE REGIONAL TRANSMISSION SYSTEM, LLC
and POWERBRIDGE LLC, states upon information and belief as follows:
1. Maurice F. Doona. Plaintiff resides at 216 Home Street, Valley Stream, New York
11580. Plaintiff’s date of birth is April 26, 1966. Plaintiff’s social security number is xxx-xx-
2045.
2. The accident occurred on July 21, 2016 at approximately 08:30 PM.
3. The accident occurred on the Jones Beach Bikeway, approximately 170 feet north
of the northern edge of the roof of the Jones Beach Parking Fee Collection Booth on Green Island,
approximately 2-3 feet east of the grass fringe separating the Jones Beach Bikeway from the
roadway shoulder of the northbound Wantagh State Parkway.
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4. (a) The defendants NEPTUNE REGIONAL TRANSMISSION SYSTEM,
LLC and POWERBRIDGE LLC,, jointly and individually, together with their employees,
agents, servants and/or contractors, created a public nuisance and were careless, reckless and
negligent with respect to the aforesaid portion of the Jones Beach Bikeway (the “Pathway”):
Permitted the Pathway to be raised, uneven, holed, pothole, broken, gouged, depressed, mis-
leveled, defective, improperly maintained, repaired, patched and filled, and hazardous; Created, or
its agent created, uneven, holed, potholed, broken, gouged, depressed, mis-leveled, defective,
portion of the Pathway; FAILED to properly perform construction; FAILED to properly perform
repair, excavation, opening, paving and backfilling; FAILED to properly supervise repair,
excavation, opening, paving and backfilling; FAILED to make proper saw cuts; FAILED to
properly compact sub-grade; FAILED to properly backfill; FAILED to properly pave; FAILED to
ensure that the Pathway was brought back to level grade; FAILED to prevent the formation of
hazards in, or around the Pathway; FAILED to inspect the Pathway for hazards; FAILED to
compact the subsurface of the Pathway; FAILED to ensure that the Pathway was not raised,
uneven, separated, broken, cracked, holed, potholed, depressed, gouged, sunken, sloped,
misaligned and otherwise mis-leveled; FAILED to prevent the Pathway from sinking, raising,
breaking, cracking, sloping, depressing and/or becoming uneven, misaligned and/or separate;
FAILED to abide by the terms set forth in applicable street opening permits or applications;
FAILED to restore the aforementioned area pursuant to local law 14; FAILED to hire and/or work
with competent contractors and/or subcontractors; FAILED to hire competent construction firms;
FAILED to make proper alterations; FAILED to consider public safety above its own concern of
keeping down costs; FAILED to exercise common sense; FAILED to heed complaints which
placed it on actual and constructive notice of the danger presented by its misconduct; FAILED to
provide a proper warning of the defective condition; FAILED to provide proper egress and/or
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path/route around defective condition; FAILED to barricade the defective and unsafe area;
FAILED to consider the safety and welfare of persons lawfully on the Pathway; FAILED to hire
competent personnel; FAILED to properly train their personnel; FAILED to properly supervise
their personnel, agents, contractors, and subcontractors; FAILED to properly inspect the work of
their personnel, agents, contractors, and subcontractors; FAILED to adequately research
construction endeavors; FAILED to ascertain applicable code; FAILED to follow and comply with
pertinent and applicable code and statute, of which plaintiff will respectfully request that the Court
take judicial notice at the trial of this action; and that the defendant(s) was/were otherwise careless,
reckless and negligent in the instance, the full nature and extent of which awaits further and future
discovery and disclosure on the part of the defendant(s) and further investigation on the part of the
plaintiff and his attorneys.
(b) Object. This information is in the sole exclusive possession of this answering
defendants. Plaintiff reserves the right to supplement this response upon the completion of
additional discovery.
5. Object. This information is in the sole exclusive possession of this answering
defendant, and plaintiff claims that notice is unnecessary to maintain a cause of action. Plaintiff
reserves the right to supplement this response upon the completion of additional discovery.
Without waiving said objection, actual notice is claimed in that, upon information and belief, the
defendants were informed in writing and verbally of the dangerous conditions complained of
herein, and that there were prior occurrences, but that defendant(s) failed to remedy the condition.
It is further believed that the defendants actively created the dangerous condition by performing
construction, renovation, maintenance and/or pathway/roadway work in the area. It is further
believed that there are documents including, but not limited to, permits, applications, open tickets,
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work orders, contracts, maps and/or paving orders that placed these defendants on notice. Further
information is currently within the exclusive knowledge of the defendant.
6. Object. This information is in the sole exclusive possession of this answering
defendant, and plaintiff claims that notice is unnecessary to maintain a cause of action. Plaintiff
reserves the right to supplement this response upon the completion of additional discovery.
Without waiving said objection, constructive notice is claimed in that, upon information and belief,
the conditions complained of herein were in existence and in fact were open, notorious and visible
for such a period of time prior to the incident such that the defendants and each of them could
have, and should have, corrected the condition, but that the defendants failed to do so in a timely
fashion. Plaintiff is unaware of the exact amount of time the condition existed.
7. Object. Improper demand for a bill of particulars in that the plaintiff in the
complaint did not allege violations of particular statutes, rules and/or ordinances and therefore is
not required to provide such. See Langella v. D’Agostino, 471 N.Y.S.2d 454 (1983). Plaintiff will
at time of trial, subject to judicial notice, claim such rules, regulations, statutes and ordinances that
this court deems appropriate at that time.
8. Object. This information is in the sole exclusive possession of this answering
defendants. Plaintiff reserves the right to supplement this response upon the completion of
additional discovery.
9. Object. This information is in the sole exclusive possession of this answering
defendants. Plaintiff reserves the right to supplement this response upon the completion of
additional discovery.
10. Upon information and belief, the following injuries were caused, exacerbated,
precipitated and/or sustained by plaintiff as a proximate result of the carelessness, recklessness
and negligence of the defendants:
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FULL THICKNESS TEAR OF THE ROTATOR CUFF LIGAMENTS /
SUPRSPINATUS TENDONS WITH CLAVICLE FRACTURE REQUIRING
SURGICAL INTERVENTION
TRAUMATIC BRAIN INJURY
16 STITCHES ABOVE RIGHT EYE WITH SCAR
LEFT HAND PAIN AROUND KNUCKLES WITH SCARS
VERTIGO, DIZZINESS, MEMORY LOSS, LOSS OF COUNSCIOUSNESS
SEVERE PHYSICAL PAIN AND SUFFERING
SEVERE EMOTIONAL PAIN AND SUFFERING
In addition thereto, plaintiff sustained injuries to the skin, bones, muscles, tissues,
cartilage, ligaments, blood vessels, nerve systems and nerve centers of the affected areas
of the body. In addition, the aforementioned accident may have aggravated, precipitated
and/or activated a pre-existing and/or latent asymptomatic condition or disease.
Upon information and belief, all of the above-noted injuries, their residuals and
sequelae are permanent and progressive in nature and will tend to worsen over the lifetime of the
plaintiff, necessitating future surgery and treatment. Furthermore, the injuries claimed herein will
cause a lifetime of pain and suffering.
Plaintiff specifically reserves the right to supplement the within and to prove all
future consequences arising out of the foregoing acts of negligence as additional and further
information becomes available and new and/or additional injuries develop, become manifest
and/or additional procedures are necessitated pursuant to the C.P.L.R. and other applicable laws,
rules and statutes.
11. Not applicable.
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12. Plaintiff was treated at Nassau University Medical Center, 2201 Hempstead
Turnpike, East Meadow, NY 1 1554. Remainder of demand is improper for a Bill of
Particulars.
13. Plaintiff was treated by the following health care providers:
Dr. Barry Root
1 Expressway Plaza- Suite 100
Roslyn Heights, NY 11577
Answorth Allen, MD
610 W 58th St 3rd Floor
New York, NY 10019)
and
535 E. 70th Street,
New York, NY 10021)
Nassau University Medical Center
2201 Hempstead Turnpike
East Meadow, NY 1 1554
Orthopedic Surgery and Sports Medicine
535 East 70th Street
New York, NY 10021
Michael McGraw
535 East 70th Street,
New York, NY 10021
Amber A. Smerina
535 East 70th Street
New York, NY 10021;)
Fawzy W. Salama, MD
140-15 Sanford Avenue
Flushing, NY 1 1355)
Southside Hospital
301 East Main Street
Bay Shore, New York 11706
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North Shore LIJ South Side Hospital
301 East Main Street
Bay Shore, NY 1 1706
PHOTOGRAPHS:
Annexed hereto
14. Object. Improper demand for a bill of particulars as it requests information
evidentiary in nature. The object of a bill of particulars is to amplify pleadings, limit proof and
prevent surprise at trial, not to disclose evidentiary information. Arroyo v. Fourteen Estusia Corp.,
194 A.D.2d 309, 598 N.Y.S.2d 471 (1st Dept. 1993); Scalone v. Phelps Memorial Hospital Center,
184 A.D.2d 309, 591 N.Y.S.2d 419 (2d Dept. 1992); Abrams v. Long Island Jewish-Hillside
Medical Center, 84 A.D.2d 554, 443 N.Y.S.2d 277 (2d Dept. 1981); Rockefeller v. Hwang, 106
A.D.2d 817, 484 N.Y.S.2d 206 (3d Dept. 1984); Coughlin v. Festin, 53 A.D.2d 800, 385 N.Y.S.2d
166 (3d Dept. 1976); See Also: C.P.L.R. § 3043 (a). Without waiving said objection, Plaintiff was
employed as an aircraft mechanic. Plaintiff was employed by American Airlines. Plaintiff’s
annual earnings were approximately $92,000.00. Plaintiff claims approximately $400,000.00 of
loss of earnings to date and continuing thereafter.
15. (a) Object. Improper demand for a bill of particulars as it requests information
evidentiary in nature. The object of a bill of particulars is to amplify pleadings, limit proof and
prevent surprise at trial, not to disclose evidentiary information. Arroyo v. Fourteen Estusia
Corp., 194 A.D.2d 309, 598 N.Y.S.2d 471 (1st Dept. 1993); Scalone v. Phelps Memorial Hospital
Center, 184 A.D.2d 309, 591 N.Y.S.2d 419 (2d Dept. 1992); Abrams v. Long Island Jewish-
Hillside Medical Center, 84 A.D.2d 554, 443 N.Y.S.2d 277 (2d Dept. 1981); Rockefeller v.
Hwang, 106 A.D.2d 817, 484 N.Y.S.2d 206 (3rd Dept. 1984); Coughlin v. Festin, 53 A.D.2d 800,
385 N.Y.S.2d 166 (3d Dept. 1976); See Also: C.P.L.R. §3043 (a) (3). Without waiving said
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objection, Plaintiff was confined to Nassau University Medical Center, 2201 Hempstead
Turnpike, East Meadow, NY 1 1554 for approximately three (3) days.
(b) Plaintiff was confined to bed for approximately two (2) weeks.
(c) Plaintiff was confined to house from the date of his accident to date and
continuing into the future.
16. a. Physicians’ services $50,000.00 and ongoing.
b. Medical supplies Included in Physicians’ services.
c. Loss of earnings See number “14” above.
d. Future loss of earnings Se number “14” above.
e. Hospital expenses Included in physicians’ services
f. Nurses’ services Included in physicians’ services.
g. Other Included in physicians’ services.
17. Not applicable.
18. See plaintiff’s Response to Discovery and Inspection.
19. -26. Plaintiff is not a Medicare recipient.
27. See plaintiff’s Response to Discovery and Inspection.
28. Plaintiff is not known by any other names.
PLEASE TAKE NOTICE that plaintiff incorporates herein by reference the findings of
plaintiff’s experts, if any, and alleges that each and every failure to comply with pertinent code
constitutes negligence and carelessness.
PLEASE TAKE NOTICE that plaintiff specifically reserves the right to supplement the
foregoing as additional information becomes available up to the point of trial.
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Dated: June 23, 2020
New York, New York
Yours, etc.,
/s/ Joel Rubenstein_______________
JOEL RUBENSTEIN, ESQ.
GERMAN RUBENSTEIN LLP
Attorneys for Plaintiff
19 West 44th Street, Suite 1500
New York, New York 10036
Phone: (212) 704-2020
Fax: (212) 704-2077
To:
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendants
POWERBRIDGE LLC AND NEPTUNE REGIONAL TRANSMISSION
SYSTEM LLC
55 Water Street, 28th Floor
New York, New York 10041
(212) 612-4200
ANDREW J. MCCABE, ESQ.
Attorneys for Defendants
PSEG LONG ISLAND LLC, LONG ISLAND ELECTRIC UTILITY SERVCO
LLC, PUBLIC SERVICE ENTERPRISE GROUP, PUBLIC SERVICE
ENTERPRISE GROUP INCORPORATED, PUBLIC SERVICE ELECTRIC AND
GAS COMPANY, PSEG POWER LLC, PSEG POWER NEW YORK LLC, PSEG
ENERGY HOLDINGS LLC, PSEG SERVICES CORPORATION
333 Earle Ovington Boulevard – Suite 403
Uniondale, New York 11553
(516) 222-3587
ALTER J. LUNDAHL, ESQ.
Attorneys for Defendants
NATIONAL GRID USA, KEYSPAN ENERGY CORPORATION, KEYSPAN
GAS EAST CORPORATION, KEYSPAN ENERGY SERVICES INC.
17 East Old Country Road
Hicksville, New York 11801
(516) 545-4397
KENNEDYS LAW LLP
Attorneys for Defendant
COASTAL CONTRACTING CORP.
570 Lexington Avenue – 8th Floor
New York, New York 10022
(646) 625-4000
File No.: USA109.948654
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ATTTORNEY VERIFICATION
STATE OF NEW YORK }
{ss.:
COUNTY OF NEW YORK }
Joel Rubenstein, Esq., an attorney duly admitted to practice before the Courts of the State
of New York, hereby affirms the truth of the following under penalty of perjury:
I am a member of the law firm of GERMAN RUBENSTEIN LLP, attorneys for the plaintiff
herein, and as such am familiar with the facts and circumstances herein.
I have read the foregoing VERIFIED BILL OF PARTICULARS and know the contents
thereof to be true to my knowledge, except as to those matters therein stated upon information and
belief, and as to those matters I believe them to be true.
The grounds of my belief as to those matters stated upon information and belief are as
follows: records and investigation reports on file.
The reason this verification is made by me and not the plaintiff personally is because the
plaintiff is currently outside the county where I maintain my office.
Dated: June 23, 2020
New York, New York
/s/ Joel Rubenstein___________________
JOEL RUBENSTEIN
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
(ss.:
COUNTY OF NEW YORK )
Patricia Rodriguez, affirms, says: I am not a party to the within action, I am over the age
of 18 years and reside in New York, New York.
On June 23, 2020, I served the foregoing VERIFIED BILL OF PARTICULARS upon
the following parties in the within action:
amc10192001@yahoo.com
ANDREW J. MCCABE, ESQ.
333 Earle Ovington Boulevard – Suite 403
Uniondale, New York 11553
daniel.rocco@eustacelaw.com
EUSTACE, PREZIOSO & YAPCHANYK
55 Water Street, 28th Floor
New York, New York 10041
walter.lundahl@nationalgrid.com
WALTER J. LUNDAHL, ESQ.
17 East Old Country Road
Hicksville, New York 11801
(516) 545-4397
Elizabeth.Streelman@kennedyscmk.com
KENNEDYS LAW LLP
570 Lexington Avenue – 8th Floor
New York, New York 10022
by delivering a true copy thereof via e-mail and NYSCEF.
Patricia Rodriguez
Patricia Rodriguez
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SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF NEW YORK
MAURICE F. DOONA,
Plaintiff,
-against-
PSEG LONG ISLAND LLC, NEPTUNE REGIONAL TRANSMISSION SYSTEM, LLC,
LONG ISLAND ELECTRIC UTILITY SERVCO LLC, PUBLIC SERVICE ENTERPRISE
GROUP, PUBLIC SERVICE ENTERPRISE GROUP INCORPORATED, PUBLIC
SERVICE ELECTRIC AND GAS COMPANY, PSEG POWER LLC, PSEG POWER NEW
YORK LLC, PSEG ENERGY HOLDINGS LLC, PSEG SERVICES CORPORATION,
POWERBRIDGE LLC, NATIONAL GRID USA, KEYSPAN ENERGY CORPORATION,
KEYSPAN GAS EAST CORPORATION, KEYSPAN ENERGY SERVICES INC.,
COASTAL CONTRACTING CORP.,
Defendants.
VERIFIED BILL OF PARTICULARS
GERMAN RUBENSTEIN LLP
Attorneys for Plaintiff
19 West 44th Street, Suite 1500
New York, New York 10036
(212) 704-2020
Signature (Rule 130-1.1-a)
…………………………..
Print name beneath
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Preview
FILED: NEW YORK COUNTY CLERK 06/23/2020 04:57 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 06/23/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ========================================X MAURICE F. DOONA, Plaintiff, VERIFIED BILL OF PARTICULARS -against- Index No.: 157067/2019 PSEG LONG ISLAND LLC, NEPTUNE REGIONAL TRANSMISSION SYSTEM, LLC, LONG ISLAND ELECTRIC UTILITY SERVCO LLC, PUBLIC SERVICE ENTERPRISE GROUP, PUBLIC SERVICE ENTERPRISE GROUP INCORPORATED, PUBLIC SERVICE ELECTRIC AND GAS COMPANY, PSEG POWER LLC, PSEG POWER NEW YORK LLC, PSEG ENERGY HOLDINGS LLC, PSEG SERVICES CORPORATION, POWERBRIDGE LLC, NATIONAL GRID USA, KEYSPAN ENERGY CORPORATION, KEYSPAN GAS EAST CORPORATION, KEYSPAN ENERGY SERVICES INC., COASTAL CONTRACTING CORP., Defendants. ========================================X Plaintiff, by his attorneys GERMAN RUBENSTEIN LLP, as and for a verified bill of particulars as to the defendants NEPTUNE REGIONAL TRANSMISSION SYSTEM, LLC and POWERBRIDGE LLC, states upon information and belief as follows: 1. Maurice F. Doona. Plaintiff resides at 216 Home Street, Valley Stream, New York 11580. Plaintiff’s date of birth is April 26, 1966. Plaintiff’s social security number is xxx-xx- 2045. 2. The accident occurred on July 21, 2016 at approximately 08:30 PM. 3. The accident occurred on the Jones Beach Bikeway, approximately 170 feet north of the northern edge of the roof of the Jones Beach Parking Fee Collection Booth on Green Island, approximately 2-3 feet east of the grass fringe separating the Jones Beach Bikeway from the roadway shoulder of the northbound Wantagh State Parkway. 1 of 12 FILED: NEW YORK COUNTY CLERK 06/23/2020 04:57 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 06/23/2020 4. (a) The defendants NEPTUNE REGIONAL TRANSMISSION SYSTEM, LLC and POWERBRIDGE LLC,, jointly and individually, together with their employees, agents, servants and/or contractors, created a public nuisance and were careless, reckless and negligent with respect to the aforesaid portion of the Jones Beach Bikeway (the “Pathway”): Permitted the Pathway to be raised, uneven, holed, pothole, broken, gouged, depressed, mis- leveled, defective, improperly maintained, repaired, patched and filled, and hazardous; Created, or its agent created, uneven, holed, potholed, broken, gouged, depressed, mis-leveled, defective, portion of the Pathway; FAILED to properly perform construction; FAILED to properly perform repair, excavation, opening, paving and backfilling; FAILED to properly supervise repair, excavation, opening, paving and backfilling; FAILED to make proper saw cuts; FAILED to properly compact sub-grade; FAILED to properly backfill; FAILED to properly pave; FAILED to ensure that the Pathway was brought back to level grade; FAILED to prevent the formation of hazards in, or around the Pathway; FAILED to inspect the Pathway for hazards; FAILED to compact the subsurface of the Pathway; FAILED to ensure that the Pathway was not raised, uneven, separated, broken, cracked, holed, potholed, depressed, gouged, sunken, sloped, misaligned and otherwise mis-leveled; FAILED to prevent the Pathway from sinking, raising, breaking, cracking, sloping, depressing and/or becoming uneven, misaligned and/or separate; FAILED to abide by the terms set forth in applicable street opening permits or applications; FAILED to restore the aforementioned area pursuant to local law 14; FAILED to hire and/or work with competent contractors and/or subcontractors; FAILED to hire competent construction firms; FAILED to make proper alterations; FAILED to consider public safety above its own concern of keeping down costs; FAILED to exercise common sense; FAILED to heed complaints which placed it on actual and constructive notice of the danger presented by its misconduct; FAILED to provide a proper warning of the defective condition; FAILED to provide proper egress and/or 2 2 of 12 FILED: NEW YORK COUNTY CLERK 06/23/2020 04:57 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 06/23/2020 path/route around defective condition; FAILED to barricade the defective and unsafe area; FAILED to consider the safety and welfare of persons lawfully on the Pathway; FAILED to hire competent personnel; FAILED to properly train their personnel; FAILED to properly supervise their personnel, agents, contractors, and subcontractors; FAILED to properly inspect the work of their personnel, agents, contractors, and subcontractors; FAILED to adequately research construction endeavors; FAILED to ascertain applicable code; FAILED to follow and comply with pertinent and applicable code and statute, of which plaintiff will respectfully request that the Court take judicial notice at the trial of this action; and that the defendant(s) was/were otherwise careless, reckless and negligent in the instance, the full nature and extent of which awaits further and future discovery and disclosure on the part of the defendant(s) and further investigation on the part of the plaintiff and his attorneys. (b) Object. This information is in the sole exclusive possession of this answering defendants. Plaintiff reserves the right to supplement this response upon the completion of additional discovery. 5. Object. This information is in the sole exclusive possession of this answering defendant, and plaintiff claims that notice is unnecessary to maintain a cause of action. Plaintiff reserves the right to supplement this response upon the completion of additional discovery. Without waiving said objection, actual notice is claimed in that, upon information and belief, the defendants were informed in writing and verbally of the dangerous conditions complained of herein, and that there were prior occurrences, but that defendant(s) failed to remedy the condition. It is further believed that the defendants actively created the dangerous condition by performing construction, renovation, maintenance and/or pathway/roadway work in the area. It is further believed that there are documents including, but not limited to, permits, applications, open tickets, 3 3 of 12 FILED: NEW YORK COUNTY CLERK 06/23/2020 04:57 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 06/23/2020 work orders, contracts, maps and/or paving orders that placed these defendants on notice. Further information is currently within the exclusive knowledge of the defendant. 6. Object. This information is in the sole exclusive possession of this answering defendant, and plaintiff claims that notice is unnecessary to maintain a cause of action. Plaintiff reserves the right to supplement this response upon the completion of additional discovery. Without waiving said objection, constructive notice is claimed in that, upon information and belief, the conditions complained of herein were in existence and in fact were open, notorious and visible for such a period of time prior to the incident such that the defendants and each of them could have, and should have, corrected the condition, but that the defendants failed to do so in a timely fashion. Plaintiff is unaware of the exact amount of time the condition existed. 7. Object. Improper demand for a bill of particulars in that the plaintiff in the complaint did not allege violations of particular statutes, rules and/or ordinances and therefore is not required to provide such. See Langella v. D’Agostino, 471 N.Y.S.2d 454 (1983). Plaintiff will at time of trial, subject to judicial notice, claim such rules, regulations, statutes and ordinances that this court deems appropriate at that time. 8. Object. This information is in the sole exclusive possession of this answering defendants. Plaintiff reserves the right to supplement this response upon the completion of additional discovery. 9. Object. This information is in the sole exclusive possession of this answering defendants. Plaintiff reserves the right to supplement this response upon the completion of additional discovery. 10. Upon information and belief, the following injuries were caused, exacerbated, precipitated and/or sustained by plaintiff as a proximate result of the carelessness, recklessness and negligence of the defendants: 4 4 of 12 FILED: NEW YORK COUNTY CLERK 06/23/2020 04:57 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 06/23/2020 FULL THICKNESS TEAR OF THE ROTATOR CUFF LIGAMENTS / SUPRSPINATUS TENDONS WITH CLAVICLE FRACTURE REQUIRING SURGICAL INTERVENTION TRAUMATIC BRAIN INJURY 16 STITCHES ABOVE RIGHT EYE WITH SCAR LEFT HAND PAIN AROUND KNUCKLES WITH SCARS VERTIGO, DIZZINESS, MEMORY LOSS, LOSS OF COUNSCIOUSNESS SEVERE PHYSICAL PAIN AND SUFFERING SEVERE EMOTIONAL PAIN AND SUFFERING In addition thereto, plaintiff sustained injuries to the skin, bones, muscles, tissues, cartilage, ligaments, blood vessels, nerve systems and nerve centers of the affected areas of the body. In addition, the aforementioned accident may have aggravated, precipitated and/or activated a pre-existing and/or latent asymptomatic condition or disease. Upon information and belief, all of the above-noted injuries, their residuals and sequelae are permanent and progressive in nature and will tend to worsen over the lifetime of the plaintiff, necessitating future surgery and treatment. Furthermore, the injuries claimed herein will cause a lifetime of pain and suffering. Plaintiff specifically reserves the right to supplement the within and to prove all future consequences arising out of the foregoing acts of negligence as additional and further information becomes available and new and/or additional injuries develop, become manifest and/or additional procedures are necessitated pursuant to the C.P.L.R. and other applicable laws, rules and statutes. 11. Not applicable. 5 5 of 12 FILED: NEW YORK COUNTY CLERK 06/23/2020 04:57 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 06/23/2020 12. Plaintiff was treated at Nassau University Medical Center, 2201 Hempstead Turnpike, East Meadow, NY 1 1554. Remainder of demand is improper for a Bill of Particulars. 13. Plaintiff was treated by the following health care providers: Dr. Barry Root 1 Expressway Plaza- Suite 100 Roslyn Heights, NY 11577 Answorth Allen, MD 610 W 58th St 3rd Floor New York, NY 10019) and 535 E. 70th Street, New York, NY 10021) Nassau University Medical Center 2201 Hempstead Turnpike East Meadow, NY 1 1554 Orthopedic Surgery and Sports Medicine 535 East 70th Street New York, NY 10021 Michael McGraw 535 East 70th Street, New York, NY 10021 Amber A. Smerina 535 East 70th Street New York, NY 10021;) Fawzy W. Salama, MD 140-15 Sanford Avenue Flushing, NY 1 1355) Southside Hospital 301 East Main Street Bay Shore, New York 11706 6 6 of 12 FILED: NEW YORK COUNTY CLERK 06/23/2020 04:57 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 06/23/2020 North Shore LIJ South Side Hospital 301 East Main Street Bay Shore, NY 1 1706 PHOTOGRAPHS: Annexed hereto 14. Object. Improper demand for a bill of particulars as it requests information evidentiary in nature. The object of a bill of particulars is to amplify pleadings, limit proof and prevent surprise at trial, not to disclose evidentiary information. Arroyo v. Fourteen Estusia Corp., 194 A.D.2d 309, 598 N.Y.S.2d 471 (1st Dept. 1993); Scalone v. Phelps Memorial Hospital Center, 184 A.D.2d 309, 591 N.Y.S.2d 419 (2d Dept. 1992); Abrams v. Long Island Jewish-Hillside Medical Center, 84 A.D.2d 554, 443 N.Y.S.2d 277 (2d Dept. 1981); Rockefeller v. Hwang, 106 A.D.2d 817, 484 N.Y.S.2d 206 (3d Dept. 1984); Coughlin v. Festin, 53 A.D.2d 800, 385 N.Y.S.2d 166 (3d Dept. 1976); See Also: C.P.L.R. § 3043 (a). Without waiving said objection, Plaintiff was employed as an aircraft mechanic. Plaintiff was employed by American Airlines. Plaintiff’s annual earnings were approximately $92,000.00. Plaintiff claims approximately $400,000.00 of loss of earnings to date and continuing thereafter. 15. (a) Object. Improper demand for a bill of particulars as it requests information evidentiary in nature. The object of a bill of particulars is to amplify pleadings, limit proof and prevent surprise at trial, not to disclose evidentiary information. Arroyo v. Fourteen Estusia Corp., 194 A.D.2d 309, 598 N.Y.S.2d 471 (1st Dept. 1993); Scalone v. Phelps Memorial Hospital Center, 184 A.D.2d 309, 591 N.Y.S.2d 419 (2d Dept. 1992); Abrams v. Long Island Jewish- Hillside Medical Center, 84 A.D.2d 554, 443 N.Y.S.2d 277 (2d Dept. 1981); Rockefeller v. Hwang, 106 A.D.2d 817, 484 N.Y.S.2d 206 (3rd Dept. 1984); Coughlin v. Festin, 53 A.D.2d 800, 385 N.Y.S.2d 166 (3d Dept. 1976); See Also: C.P.L.R. §3043 (a) (3). Without waiving said 7 7 of 12 FILED: NEW YORK COUNTY CLERK 06/23/2020 04:57 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 06/23/2020 objection, Plaintiff was confined to Nassau University Medical Center, 2201 Hempstead Turnpike, East Meadow, NY 1 1554 for approximately three (3) days. (b) Plaintiff was confined to bed for approximately two (2) weeks. (c) Plaintiff was confined to house from the date of his accident to date and continuing into the future. 16. a. Physicians’ services $50,000.00 and ongoing. b. Medical supplies Included in Physicians’ services. c. Loss of earnings See number “14” above. d. Future loss of earnings Se number “14” above. e. Hospital expenses Included in physicians’ services f. Nurses’ services Included in physicians’ services. g. Other Included in physicians’ services. 17. Not applicable. 18. See plaintiff’s Response to Discovery and Inspection. 19. -26. Plaintiff is not a Medicare recipient. 27. See plaintiff’s Response to Discovery and Inspection. 28. Plaintiff is not known by any other names. PLEASE TAKE NOTICE that plaintiff incorporates herein by reference the findings of plaintiff’s experts, if any, and alleges that each and every failure to comply with pertinent code constitutes negligence and carelessness. PLEASE TAKE NOTICE that plaintiff specifically reserves the right to supplement the foregoing as additional information becomes available up to the point of trial. 8 8 of 12 FILED: NEW YORK COUNTY CLERK 06/23/2020 04:57 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 06/23/2020 Dated: June 23, 2020 New York, New York Yours, etc., /s/ Joel Rubenstein_______________ JOEL RUBENSTEIN, ESQ. GERMAN RUBENSTEIN LLP Attorneys for Plaintiff 19 West 44th Street, Suite 1500 New York, New York 10036 Phone: (212) 704-2020 Fax: (212) 704-2077 To: EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendants POWERBRIDGE LLC AND NEPTUNE REGIONAL TRANSMISSION SYSTEM LLC 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 ANDREW J. MCCABE, ESQ. Attorneys for Defendants PSEG LONG ISLAND LLC, LONG ISLAND ELECTRIC UTILITY SERVCO LLC, PUBLIC SERVICE ENTERPRISE GROUP, PUBLIC SERVICE ENTERPRISE GROUP INCORPORATED, PUBLIC SERVICE ELECTRIC AND GAS COMPANY, PSEG POWER LLC, PSEG POWER NEW YORK LLC, PSEG ENERGY HOLDINGS LLC, PSEG SERVICES CORPORATION 333 Earle Ovington Boulevard – Suite 403 Uniondale, New York 11553 (516) 222-3587 ALTER J. LUNDAHL, ESQ. Attorneys for Defendants NATIONAL GRID USA, KEYSPAN ENERGY CORPORATION, KEYSPAN GAS EAST CORPORATION, KEYSPAN ENERGY SERVICES INC. 17 East Old Country Road Hicksville, New York 11801 (516) 545-4397 KENNEDYS LAW LLP Attorneys for Defendant COASTAL CONTRACTING CORP. 570 Lexington Avenue – 8th Floor New York, New York 10022 (646) 625-4000 File No.: USA109.948654 9 9 of 12 FILED: NEW YORK COUNTY CLERK 06/23/2020 04:57 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 06/23/2020 ATTTORNEY VERIFICATION STATE OF NEW YORK } {ss.: COUNTY OF NEW YORK } Joel Rubenstein, Esq., an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the truth of the following under penalty of perjury: I am a member of the law firm of GERMAN RUBENSTEIN LLP, attorneys for the plaintiff herein, and as such am familiar with the facts and circumstances herein. I have read the foregoing VERIFIED BILL OF PARTICULARS and know the contents thereof to be true to my knowledge, except as to those matters therein stated upon information and belief, and as to those matters I believe them to be true. The grounds of my belief as to those matters stated upon information and belief are as follows: records and investigation reports on file. The reason this verification is made by me and not the plaintiff personally is because the plaintiff is currently outside the county where I maintain my office. Dated: June 23, 2020 New York, New York /s/ Joel Rubenstein___________________ JOEL RUBENSTEIN 10 10 of 12 FILED: NEW YORK COUNTY CLERK 06/23/2020 04:57 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 06/23/2020 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) (ss.: COUNTY OF NEW YORK ) Patricia Rodriguez, affirms, says: I am not a party to the within action, I am over the age of 18 years and reside in New York, New York. On June 23, 2020, I served the foregoing VERIFIED BILL OF PARTICULARS upon the following parties in the within action: amc10192001@yahoo.com ANDREW J. MCCABE, ESQ. 333 Earle Ovington Boulevard – Suite 403 Uniondale, New York 11553 daniel.rocco@eustacelaw.com EUSTACE, PREZIOSO & YAPCHANYK 55 Water Street, 28th Floor New York, New York 10041 walter.lundahl@nationalgrid.com WALTER J. LUNDAHL, ESQ. 17 East Old Country Road Hicksville, New York 11801 (516) 545-4397 Elizabeth.Streelman@kennedyscmk.com KENNEDYS LAW LLP 570 Lexington Avenue – 8th Floor New York, New York 10022 by delivering a true copy thereof via e-mail and NYSCEF. Patricia Rodriguez Patricia Rodriguez 11 of 12 FILED: NEW YORK COUNTY CLERK 06/23/2020 04:57 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 06/23/2020 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NEW YORK MAURICE F. DOONA, Plaintiff, -against- PSEG LONG ISLAND LLC, NEPTUNE REGIONAL TRANSMISSION SYSTEM, LLC, LONG ISLAND ELECTRIC UTILITY SERVCO LLC, PUBLIC SERVICE ENTERPRISE GROUP, PUBLIC SERVICE ENTERPRISE GROUP INCORPORATED, PUBLIC SERVICE ELECTRIC AND GAS COMPANY, PSEG POWER LLC, PSEG POWER NEW YORK LLC, PSEG ENERGY HOLDINGS LLC, PSEG SERVICES CORPORATION, POWERBRIDGE LLC, NATIONAL GRID USA, KEYSPAN ENERGY CORPORATION, KEYSPAN GAS EAST CORPORATION, KEYSPAN ENERGY SERVICES INC., COASTAL CONTRACTING CORP., Defendants. VERIFIED BILL OF PARTICULARS GERMAN RUBENSTEIN LLP Attorneys for Plaintiff 19 West 44th Street, Suite 1500 New York, New York 10036 (212) 704-2020 Signature (Rule 130-1.1-a) ………………………….. Print name beneath 12 of 12