On July 18, 2019 a
BILL OF PARTICULARS
was filed
involving a dispute between
Maurice Doona,
and
6. Public Service Electric And Gas Company,
Coastal Contracting Corp,
Keyspan Energy Corporation,
Keyspan Energy Services Inc,
Keyspan Gas East Corporation,
Long Island Electric Utility Servco Llc,
National Grid Usa,
Neptune Regional Transmission System, Llc,
Pseg Energy Holdings Llc,
Pseg Long Island Llc,
Pseg Powerbridge,
Pseg Power Llc,
Pseg Power New York Llc,
Public Service Enterprise Group,
Public Service Enterprise Group Incorporated,
for Torts - Other (premises)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 04/20/2023 03:49 PM INDEX NO. 157067/2019
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 04/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK x
MAURICE F. DOONA Index No. 157067/2019 (ECF)
Plaintiff
BILL OF PARTICULARS AS
v. TO AFFIRMATIVE DEFENSES
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 POWERL 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, KEYPSAN ENERGY SERVICES
INC., COASTAL CONTRACTING CORP.
Defendants
x
PLEASE TAKE NOTICE that Defendants Powerbridge LLC and Neptune Regional
Transmission System LLC, by its attorneys, Eustace, Prezioso & Yapchanyk, responds to
Plaintiff, Maurice Doona’s Bill of Particulars, as follows:
1. At the time and place of the occurrence and at the location of the alleged incident,
as alleged in plaintiff’s Complaint, the plaintiff was culpably negligent and voluntarily assumed
all risks in causing and allowing himself to trip; in failing to observe the condition then and there
prevailing; in failing to maintain a proper and safe lookout at all times; in failing to observe the
condition then and there in plain view; in failing to take measures or precautions calculated to
avoid said occurrence; in failing to see, feel or otherwise sense what was apparent; in failing to
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FILED: NEW YORK COUNTY CLERK 04/20/2023 03:49 PM INDEX NO. 157067/2019
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 04/20/2023
proceed at a safe speed; and in failing to consider all limitations of his own movements; that he
failed to properly, adequately and sufficiently perceive any and all damages, hazards and/or
risks; that he failed to take the reasonable care which would be expected; that his conduct fell
below the standards to which plaintiff should conform for his own personal protection; and that
the plaintiff knew or should have known the dangers and failed to observe and undertake the
precautions necessary to protect himself from injury; that he wantonly, willfully and/or
recklessly proceeded with total disregard for his own personal safety.
2. To the fullest extent it is alleged that the plaintiff negligence contributed to the
alleged incident and any/all injuries supposedly sustained by the plaintiff.
3. Any and/or all of the alleged injuries sustained by the plaintiff were a direct result
of plaintiff’s acts and omissions.
4. See response to number 3.
5. See response to number 3.
6. Further discovery including depositions must be conducted in order to determine
if any other parties contributed to plaintiff’s alleged accident.
7. See response to number 1.
8. See response to number 6.
9. Solely within Plaintiff’s knowledge.
10. Not applicable.
11. Not applicable.
2
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FILED: NEW YORK COUNTY CLERK 04/20/2023 03:49 PM INDEX NO. 157067/2019
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 04/20/2023
DATED: April 20, 2023
New York, New York
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
By:
Daniel P. Rocco
3
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FILED: NEW YORK COUNTY CLERK 04/20/2023 03:49 PM INDEX NO. 157067/2019
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 04/20/2023
Index No. 157067/2019 (ECF)
SUPREME COURT OF THE STATE OF NEW YORK
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 POWERL 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, KEYPSAN ENERGY SERVICES INC.,
COASTAL CONTRACTING CORP.
Defendants
BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES
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
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Preview
FILED: NEW YORK COUNTY CLERK 04/20/2023 03:49 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 04/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x MAURICE F. DOONA Index No. 157067/2019 (ECF) Plaintiff BILL OF PARTICULARS AS v. TO AFFIRMATIVE DEFENSES 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 POWERL 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, KEYPSAN ENERGY SERVICES INC., COASTAL CONTRACTING CORP. Defendants x PLEASE TAKE NOTICE that Defendants Powerbridge LLC and Neptune Regional Transmission System LLC, by its attorneys, Eustace, Prezioso & Yapchanyk, responds to Plaintiff, Maurice Doona’s Bill of Particulars, as follows: 1. At the time and place of the occurrence and at the location of the alleged incident, as alleged in plaintiff’s Complaint, the plaintiff was culpably negligent and voluntarily assumed all risks in causing and allowing himself to trip; in failing to observe the condition then and there prevailing; in failing to maintain a proper and safe lookout at all times; in failing to observe the condition then and there in plain view; in failing to take measures or precautions calculated to avoid said occurrence; in failing to see, feel or otherwise sense what was apparent; in failing to 1 of 4 FILED: NEW YORK COUNTY CLERK 04/20/2023 03:49 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 04/20/2023 proceed at a safe speed; and in failing to consider all limitations of his own movements; that he failed to properly, adequately and sufficiently perceive any and all damages, hazards and/or risks; that he failed to take the reasonable care which would be expected; that his conduct fell below the standards to which plaintiff should conform for his own personal protection; and that the plaintiff knew or should have known the dangers and failed to observe and undertake the precautions necessary to protect himself from injury; that he wantonly, willfully and/or recklessly proceeded with total disregard for his own personal safety. 2. To the fullest extent it is alleged that the plaintiff negligence contributed to the alleged incident and any/all injuries supposedly sustained by the plaintiff. 3. Any and/or all of the alleged injuries sustained by the plaintiff were a direct result of plaintiff’s acts and omissions. 4. See response to number 3. 5. See response to number 3. 6. Further discovery including depositions must be conducted in order to determine if any other parties contributed to plaintiff’s alleged accident. 7. See response to number 1. 8. See response to number 6. 9. Solely within Plaintiff’s knowledge. 10. Not applicable. 11. Not applicable. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 04/20/2023 03:49 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 04/20/2023 DATED: April 20, 2023 New York, New York 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 By: Daniel P. Rocco 3 3 of 4 FILED: NEW YORK COUNTY CLERK 04/20/2023 03:49 PM INDEX NO. 157067/2019 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 04/20/2023 Index No. 157067/2019 (ECF) SUPREME COURT OF THE STATE OF NEW YORK 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 POWERL 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, KEYPSAN ENERGY SERVICES INC., COASTAL CONTRACTING CORP. Defendants BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES 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 4 of 4