Preview
FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/28/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------ x
JOYCE PETERS, Index No. 160080/2016
Plaintiff,
-against- DEMAND FOR A
VERIFIED BILL OF
CONSOLIDATED EDISON COMPANY OF NEW PARTICULARS
YORK, INC.,
Defendants.
-------------------------------------¬--------------------------------X
CONSOLIDATED EDISON COMPANY OF NEW
YORK, INC.,
Third-Party Plaintiff,
-against-
MARKWOOD MANAGEMENT CO., INC. and
SALON REALTY CORP.,
Third-Party Defendants.
------------------------------------------------------------ x
MARKWOOD MANAGEMENT CO., INC. and
SALON REALTY CORP.,
Second Third-Party Plaintiffs,
-against-
56 EAST FRESHBITES LLC d/b/a FRESHBITES,
Second Third-Party Defendant.
---------- x
PLEASE TAKE NOTICE demañd is hereby made upon plaintiff to serve upon the
uñdersigned, within twenty (20) days from the date hereof, a Bill of Particulars as to each
and every item set forth below pursuant to CPLR §§ 3041, 3042, 3043 and 3044:
1. The date of birth of plaintiff.
1
1 of 6
FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/28/2019
2. The Social Security Number of plaintiff.
3. (a) The present address of plaintiff.
(b) The address of plaintiff at the time of the occurrence complained of
herein.
(c) The date and time of the day of the occurrence.
4. Any name used by the plaintiff other than as set forth in the Verified
Complaint herein.
5. Set forth in detail as to the location of the accident so as to afford immediate
identification.
6. State the exact manner in which the accident occurred.
7. A statement of the acts or omissions constituting the negligence claimed as
to this demanding defendant.
8. (a) A description of each and every injury claimed by plaintiff.
(b) State specifically whether or not plaintiff sustained a significant
disfigurement. If so, state the nature and location of that
disfigurement.
(c) State whether or not plaintiff sustained a fracture. If so, state the
type and location of each fracture.
9. (a) A description of each and every injury claimed to be permanent.
(b) State whether or not plaintiffs sustained a permanent consequential
limitation of a body function or system; ifso, set forth the permanent
consequential limitation and body function or system involved.
(c) State whether or not plaintiff sustained a permanent loss of use of a
body organ, member, function or system; ifso, state the body organ,
member, function or system.
(d) State whether plaintiff sustained a medically determined injury or
impairment of a non-permanent nature; ifso, set forth the period of
time that injury or impairment prevented plaintiffs from performing
plaintiffs'
substantially all of the material acts which constituted the
usual and customary daily activities.
2
2 of 6
FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/28/2019
10. A description of any and all medical treatment received as a result of the
above-described injuries, setting forth exact treatment dates, the nature of said treatment
and any anticipated future treatment.
11. (a) The nature of plaintiff's occupation or employment.
(b) The length of time plaintiff will claim lost time from such occupation
or employment.
(c) The name and address of plaintiff's employer at the time of the
alleged occurrence.
(d) The name and address of plaintiff's present employer.
(e) The average weekly, monthly or yearly salary of the plaintiffs at the
time of the alleged occurrence.
12. If plaintiff was a student:
(a) The name and address of said school attended at the time of the
alleged occurrence.
(b) Number of days claimed to have been missed by said occurrence.
13. The length of time plaintiff was confined to a hospital and the name and
address of said hospital(s).
14. (a) Length of time plaintiff was confined to bed.
(b) Length of time plaintiff was confined to home.
15. The amount claimed as special damages for:
Physicians'
(a) services listing each doctor and the amount of his bill
separately and the address of each said doctor setting forth each and
every visit made to said doctor.
(b) Hospital expenses listing each and every hospital and the amount of
its bill separately.
Nurses'
(c) services.
(d) Loss of earnings setting forth how this amount was computed.
(e) Medical supplies.
(f) X-rays.
(g) Each and every other item claimed as a special damage.
16. State whether or not plaintiff had any pre-existing injury or condition to the
3
3 of 6
FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/28/2019
parts of her/their body for which it is claimed was injured as a result of the alleged
negligence of this defendant.
17. State whether or not plaintiff received or are receiving any of the following
benefits:
(a) Social Security Disability
(b) Supplemental Security Income (SSI)
(c) Disability Benefits
Workers'
(d) Compensation Benefits
(e) Social Security Benefits (food stamps, home relief, ADC, etc.)
(f) Disability Pension Benefits
(g) Medicare
(h) Medicaid.
Ifso, set forth the amount of same on a weekly or monthly basis, when the
receipt of said income was commenced and when it is anticipated said benefit will
terminate.
18. As to the bills for medical, hospital, physician services, nurses, surgical
appliances and other special damages claimed, state the following:
(a) The name of the insurance carrier providing benefits.
(b) Name of the health plan and policy number.
(c) Out of pocket expenses by plaintiff not covered by health insurance.
(d) If there is any co-insurance paid, the name of the co-insurance
carrier and the amount of benefits paid.
19. State whether itis claimed that this answering defendant had notice of the
condition complained of and ifso, state whether actual or constructive notice is claimed;
ifconstructive notice is claimed, state for how long Plaintiff claims the a!!eged condition
existed before the alleged accident; if actual notice is claimed, state by whom and to
whom such notice was allegedly given and the place and time itwas given, and whether
oral or written and ifwritten, set forth a copy thereof.
20. State in what respects it will be alleged that the condition complained of
constituted a nuisance and state for how long said nuisance is alleged to have existed.
21. State for what purposes the plaintiff was at the premises.
4
4 of 6
FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/28/2019
22. Describe the particular portion of the premises where Plaintiff allegedly fell,
in sufficient detail to permit identification of the area and that portion thereon where
Plaintiff allegedly fell.
23. If there is a claim for loss of consortium or services, set forth in detail the
specifies relating to such claim, specifying what portion of such services are attributed to
the following:
(a) Household chores or duties;
(b) Social relations outside the home;
(c) Companionship;
(d) Change in disposition, temperament and character;
(e) Loss of interest in the home;
(f) Loss of interest in the comfort, happiness, education and general
welfare of members of the household;
(g) Change in acts of affection, love and sexual intercourse;
(h) Injuries, ailments or disabilities and the manner in which same has
affected the home; and
(1) Any other claims for loss of services or consortium and the manner
of computation thereof.
24. If Plaintiff is making a claim of being prevented from pursuing any activities
as a result of injuries or conditions referred to in the Complaint, then with respect to each
such activity, set forth the following particulars:
(a) A description thereof;
(b) Dates during which Plaintiff was prevented from pursuing such
activity, and ifcontinuing to prevent, so state;
(c) How the injuries or conditions allegedly prevented Plaintiff from
pursuing such activity;
(d) The amount of damages claimed as a result and the specific method
used for computation of same.
PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiff's failure to
comply with the foregoing demand within twenty (20) days, this defendant will move to
5
5 of 6
FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/28/2019
preclude the offering of any evidence as to the matters herein demanded.
Dated: Elmsford, New York
January 28, 2019
Yours, etc.,
MIRANDA SLONE SKLARIN VERVENIOTIS
LLP .
By: Richard S. Sklarin
Attorneys for Second Third-Party Defendant
56 EAST FRESHBITES LLC d/b/a
FRESHBITES
570 Taxter Road, Suite 561
Elmsford, New York 10523
(914) 345-6510
Our File No.: 18-422W
TO: KOWALSKI & DEVITO
Heidi M. Weiss, Esq.
Attorneys for Third-Party Defendants/Second
Third-Party Plaintiffs
MARKWOOD MANAGEMENT CO., INC.,
and SALON REALTY CORP.
80 Pine Street, Suite 300
New York, New York 10005
(718) 250-1100
Your File No.: NYNY-32862
THE ELBERT LAW FIRM
Attorneys for Plaintiff
JOYCE PETERS
560 Broadhollow Road, Suite 303
Melville, New York 11747
NADINE RIVELLESE, ESQ.
Attorneys for Defendant/Third-Party Plaintiff
CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC
4 Irving Place, Room 1800
New York, New York 10003
6
6 of 6
Preview
FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/28/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------ x JOYCE PETERS, Index No. 160080/2016 Plaintiff, -against- DEMAND FOR A VERIFIED BILL OF CONSOLIDATED EDISON COMPANY OF NEW PARTICULARS YORK, INC., Defendants. -------------------------------------¬--------------------------------X CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party Plaintiff, -against- MARKWOOD MANAGEMENT CO., INC. and SALON REALTY CORP., Third-Party Defendants. ------------------------------------------------------------ x MARKWOOD MANAGEMENT CO., INC. and SALON REALTY CORP., Second Third-Party Plaintiffs, -against- 56 EAST FRESHBITES LLC d/b/a FRESHBITES, Second Third-Party Defendant. ---------- x PLEASE TAKE NOTICE demañd is hereby made upon plaintiff to serve upon the uñdersigned, within twenty (20) days from the date hereof, a Bill of Particulars as to each and every item set forth below pursuant to CPLR §§ 3041, 3042, 3043 and 3044: 1. The date of birth of plaintiff. 1 1 of 6 FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/28/2019 2. The Social Security Number of plaintiff. 3. (a) The present address of plaintiff. (b) The address of plaintiff at the time of the occurrence complained of herein. (c) The date and time of the day of the occurrence. 4. Any name used by the plaintiff other than as set forth in the Verified Complaint herein. 5. Set forth in detail as to the location of the accident so as to afford immediate identification. 6. State the exact manner in which the accident occurred. 7. A statement of the acts or omissions constituting the negligence claimed as to this demanding defendant. 8. (a) A description of each and every injury claimed by plaintiff. (b) State specifically whether or not plaintiff sustained a significant disfigurement. If so, state the nature and location of that disfigurement. (c) State whether or not plaintiff sustained a fracture. If so, state the type and location of each fracture. 9. (a) A description of each and every injury claimed to be permanent. (b) State whether or not plaintiffs sustained a permanent consequential limitation of a body function or system; ifso, set forth the permanent consequential limitation and body function or system involved. (c) State whether or not plaintiff sustained a permanent loss of use of a body organ, member, function or system; ifso, state the body organ, member, function or system. (d) State whether plaintiff sustained a medically determined injury or impairment of a non-permanent nature; ifso, set forth the period of time that injury or impairment prevented plaintiffs from performing plaintiffs' substantially all of the material acts which constituted the usual and customary daily activities. 2 2 of 6 FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/28/2019 10. A description of any and all medical treatment received as a result of the above-described injuries, setting forth exact treatment dates, the nature of said treatment and any anticipated future treatment. 11. (a) The nature of plaintiff's occupation or employment. (b) The length of time plaintiff will claim lost time from such occupation or employment. (c) The name and address of plaintiff's employer at the time of the alleged occurrence. (d) The name and address of plaintiff's present employer. (e) The average weekly, monthly or yearly salary of the plaintiffs at the time of the alleged occurrence. 12. If plaintiff was a student: (a) The name and address of said school attended at the time of the alleged occurrence. (b) Number of days claimed to have been missed by said occurrence. 13. The length of time plaintiff was confined to a hospital and the name and address of said hospital(s). 14. (a) Length of time plaintiff was confined to bed. (b) Length of time plaintiff was confined to home. 15. The amount claimed as special damages for: Physicians' (a) services listing each doctor and the amount of his bill separately and the address of each said doctor setting forth each and every visit made to said doctor. (b) Hospital expenses listing each and every hospital and the amount of its bill separately. Nurses' (c) services. (d) Loss of earnings setting forth how this amount was computed. (e) Medical supplies. (f) X-rays. (g) Each and every other item claimed as a special damage. 16. State whether or not plaintiff had any pre-existing injury or condition to the 3 3 of 6 FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/28/2019 parts of her/their body for which it is claimed was injured as a result of the alleged negligence of this defendant. 17. State whether or not plaintiff received or are receiving any of the following benefits: (a) Social Security Disability (b) Supplemental Security Income (SSI) (c) Disability Benefits Workers' (d) Compensation Benefits (e) Social Security Benefits (food stamps, home relief, ADC, etc.) (f) Disability Pension Benefits (g) Medicare (h) Medicaid. Ifso, set forth the amount of same on a weekly or monthly basis, when the receipt of said income was commenced and when it is anticipated said benefit will terminate. 18. As to the bills for medical, hospital, physician services, nurses, surgical appliances and other special damages claimed, state the following: (a) The name of the insurance carrier providing benefits. (b) Name of the health plan and policy number. (c) Out of pocket expenses by plaintiff not covered by health insurance. (d) If there is any co-insurance paid, the name of the co-insurance carrier and the amount of benefits paid. 19. State whether itis claimed that this answering defendant had notice of the condition complained of and ifso, state whether actual or constructive notice is claimed; ifconstructive notice is claimed, state for how long Plaintiff claims the a!!eged condition existed before the alleged accident; if actual notice is claimed, state by whom and to whom such notice was allegedly given and the place and time itwas given, and whether oral or written and ifwritten, set forth a copy thereof. 20. State in what respects it will be alleged that the condition complained of constituted a nuisance and state for how long said nuisance is alleged to have existed. 21. State for what purposes the plaintiff was at the premises. 4 4 of 6 FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/28/2019 22. Describe the particular portion of the premises where Plaintiff allegedly fell, in sufficient detail to permit identification of the area and that portion thereon where Plaintiff allegedly fell. 23. If there is a claim for loss of consortium or services, set forth in detail the specifies relating to such claim, specifying what portion of such services are attributed to the following: (a) Household chores or duties; (b) Social relations outside the home; (c) Companionship; (d) Change in disposition, temperament and character; (e) Loss of interest in the home; (f) Loss of interest in the comfort, happiness, education and general welfare of members of the household; (g) Change in acts of affection, love and sexual intercourse; (h) Injuries, ailments or disabilities and the manner in which same has affected the home; and (1) Any other claims for loss of services or consortium and the manner of computation thereof. 24. If Plaintiff is making a claim of being prevented from pursuing any activities as a result of injuries or conditions referred to in the Complaint, then with respect to each such activity, set forth the following particulars: (a) A description thereof; (b) Dates during which Plaintiff was prevented from pursuing such activity, and ifcontinuing to prevent, so state; (c) How the injuries or conditions allegedly prevented Plaintiff from pursuing such activity; (d) The amount of damages claimed as a result and the specific method used for computation of same. PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiff's failure to comply with the foregoing demand within twenty (20) days, this defendant will move to 5 5 of 6 FILED: NEW YORK COUNTY CLERK 01/28/2019 04:42 PM INDEX NO. 160080/2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/28/2019 preclude the offering of any evidence as to the matters herein demanded. Dated: Elmsford, New York January 28, 2019 Yours, etc., MIRANDA SLONE SKLARIN VERVENIOTIS LLP . By: Richard S. Sklarin Attorneys for Second Third-Party Defendant 56 EAST FRESHBITES LLC d/b/a FRESHBITES 570 Taxter Road, Suite 561 Elmsford, New York 10523 (914) 345-6510 Our File No.: 18-422W TO: KOWALSKI & DEVITO Heidi M. Weiss, Esq. Attorneys for Third-Party Defendants/Second Third-Party Plaintiffs MARKWOOD MANAGEMENT CO., INC., and SALON REALTY CORP. 80 Pine Street, Suite 300 New York, New York 10005 (718) 250-1100 Your File No.: NYNY-32862 THE ELBERT LAW FIRM Attorneys for Plaintiff JOYCE PETERS 560 Broadhollow Road, Suite 303 Melville, New York 11747 NADINE RIVELLESE, ESQ. Attorneys for Defendant/Third-Party Plaintiff CONSOLIDATED EDISON COMPANY OF NEW YORK, INC 4 Irving Place, Room 1800 New York, New York 10003 6 6 of 6