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INDEX NO. 161002/2014
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/08/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
wane cn ee eee,
JAHRIEL BROWNE,
Plaintiff, Index No: 161002/2014
- against - DEMAND FOR VERIFIED
BILL OF PARTICULARS
THE NEW YORK CITY SOCIETY OF THE
METHODIST CHURCH, SALEM METH
CHURCH, RENEE DOE and DOUG DOE,
Defendants.
fanaa nanan ene ne enna nen
PLEASE TAKE NOTICE that demand is hereby made that you serve a Verified Bill of
Particulars upon the undersigned as to the following matters with respect to the cause of action of
Plaintiff herein, within twenty days after the service of this Demand:
1 The age, social security number, date of birth and residence of Plaintiff.
la. State whether plaintiff is known by any other names, and if so, state same.
1b. State plaintiff's residence address(es) for the past five (5) years.
2 The date and time of the occurrence complained of.
3 The specific location of the occurrence, whether within or upon premises indicating the precise
location thereof from a fixed point or place within or upon the aforesaid premises indicating;
a) If upon premises, the address thereof: and if there is no address, a description of the
location thereof;
b) If upon a stairway, the location thereof, the specific step involved and condition thereof;
°) If upon a sidewalk or roadway, in front of what numbered premises, the distance from
the nearest intersecting street, and the nearest curb or building line;
4) If in a hallway, ballroom or open area, the exact location stating on what floor (counting
the ground floor as the first floor), and whether Plaintiff was entering, was within or
was leaving said area at the time of the occurrence.
e) If in an apartment, designate the room or rooms where said occurrence is alleged to
MOLOD SpItz & DESANTIS, P.C.
have occurred, specifically stating the place from a measured point where said incident
is said to have occurred.
The defect or condition causing the alleged occurrence.
The acts or omissions constituting the negligence claimed,
The manner in which the accident occurred.
Whether the Defendants had actual and/or constructive notice:
a) If such notice was actual, to whom, by whom, when and where same was given.
b) If constructive notice, the length of time the condition existed.
If it is claimed that negligent repairs were made, when, where and by which person and in what
respects the repairs were negligently made.
The specific statutes, ordinances, rules, regulations and laws claimed to have been violated by
Defendants.
10. The injuries sustained and conditions resulting therefrom; the injuries and conditions claimed to
be permanent and the duration of those claimed not to be permanent.
11 The length of time, giving dates, confined:
a) to hospitals, giving the names and locations,
b) to bed, other than in hospitals, and
°) to home.
12 State the following information, whether or not a claim for lost income is being made:
a) The vocation of Plaintiff at the time of the occurrence;
b) the name and address of the employer;
°) the period of time lost from work, giving dates;
qd) the average weekly income at the time of occurrence; and
e) the total income claimed lost by reason of the occurrence.
13 The expenses incurred for:
a) hospitals;
b) doctors;
MOLOD Spitz & DESANTIS, P.C.
c) medicines;
qd) appliances;
e) services; and
fy miscellaneous.
14. If any of the injuries claimed by the Plaintiff are aggravations of pre-existing illnesses or injuries,
then set forth an itemized and detailed statement regarding the following data:
a) The extent of the aggravation thereof alleged to have been caused by this incident.
b) A statement setting forth in detail any information regarding any such illnesses or injuries
which may have been incurred by the Plaintiff during a ten year period previous to the
incident in question.
c) A statement setting forth in detail the treatment for any such prior injury or illness.
qd) An itemized and detailed statement setting forth any illnesses or injuries which may
have been incurred by the Plaintiff subsequent to the accident in question, together with
a description of the treatment therefor and the progress to date.
15 State precisely the negligent acts of Defendants.
PLEASE TAKE FURTHER NOTICE, that all demands herein are continuing demands and the
undersigned will object to the introduction into evidence of any item or testimony for which there has
been no compliance.
Dated: New York, New York
January 7, 2015
MOLOD SPITZ & DESANTIS, P.C.
Attorneys for Defendants
THE NEW YORK CITY SOCIETY OF
THE METHODIST CHURCH and SALEM
UNITED METHODIST CHURCH s/h/a
SALEM METH CHURCH
1430 Broadway, 21" Floor
New York, NY 10018
Tel: (212) 869-3200
Fax: (212) 869-4242
File No.: PHIC-590
MOLOD Spitz & DESANTIS, P.C.
|
TO:
Gary N. Rawlins, Esq.
THE RAWLINS LAW FIRM, PLLC
Attorneys for Plaintiff
80 Broad Street, 5" Floor
New York, NY 10048
Tel: (212) 926-0050
Fax: (212) 926-0059
MOLOD Spitz & DESANTIS, P.C.
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INDEX NO. 161002/2014 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/08/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK wane cn ee eee, JAHRIEL BROWNE, Plaintiff, Index No: 161002/2014 - against - DEMAND FOR VERIFIED BILL OF PARTICULARS THE NEW YORK CITY SOCIETY OF THE METHODIST CHURCH, SALEM METH CHURCH, RENEE DOE and DOUG DOE, Defendants. fanaa nanan ene ne enna nen PLEASE TAKE NOTICE that demand is hereby made that you serve a Verified Bill of Particulars upon the undersigned as to the following matters with respect to the cause of action of Plaintiff herein, within twenty days after the service of this Demand: 1 The age, social security number, date of birth and residence of Plaintiff. la. State whether plaintiff is known by any other names, and if so, state same. 1b. State plaintiff's residence address(es) for the past five (5) years. 2 The date and time of the occurrence complained of. 3 The specific location of the occurrence, whether within or upon premises indicating the precise location thereof from a fixed point or place within or upon the aforesaid premises indicating; a) If upon premises, the address thereof: and if there is no address, a description of the location thereof; b) If upon a stairway, the location thereof, the specific step involved and condition thereof; °) If upon a sidewalk or roadway, in front of what numbered premises, the distance from the nearest intersecting street, and the nearest curb or building line; 4) If in a hallway, ballroom or open area, the exact location stating on what floor (counting the ground floor as the first floor), and whether Plaintiff was entering, was within or was leaving said area at the time of the occurrence. e) If in an apartment, designate the room or rooms where said occurrence is alleged to MOLOD SpItz & DESANTIS, P.C. have occurred, specifically stating the place from a measured point where said incident is said to have occurred. The defect or condition causing the alleged occurrence. The acts or omissions constituting the negligence claimed, The manner in which the accident occurred. Whether the Defendants had actual and/or constructive notice: a) If such notice was actual, to whom, by whom, when and where same was given. b) If constructive notice, the length of time the condition existed. If it is claimed that negligent repairs were made, when, where and by which person and in what respects the repairs were negligently made. The specific statutes, ordinances, rules, regulations and laws claimed to have been violated by Defendants. 10. The injuries sustained and conditions resulting therefrom; the injuries and conditions claimed to be permanent and the duration of those claimed not to be permanent. 11 The length of time, giving dates, confined: a) to hospitals, giving the names and locations, b) to bed, other than in hospitals, and °) to home. 12 State the following information, whether or not a claim for lost income is being made: a) The vocation of Plaintiff at the time of the occurrence; b) the name and address of the employer; °) the period of time lost from work, giving dates; qd) the average weekly income at the time of occurrence; and e) the total income claimed lost by reason of the occurrence. 13 The expenses incurred for: a) hospitals; b) doctors; MOLOD Spitz & DESANTIS, P.C. c) medicines; qd) appliances; e) services; and fy miscellaneous. 14. If any of the injuries claimed by the Plaintiff are aggravations of pre-existing illnesses or injuries, then set forth an itemized and detailed statement regarding the following data: a) The extent of the aggravation thereof alleged to have been caused by this incident. b) A statement setting forth in detail any information regarding any such illnesses or injuries which may have been incurred by the Plaintiff during a ten year period previous to the incident in question. c) A statement setting forth in detail the treatment for any such prior injury or illness. qd) An itemized and detailed statement setting forth any illnesses or injuries which may have been incurred by the Plaintiff subsequent to the accident in question, together with a description of the treatment therefor and the progress to date. 15 State precisely the negligent acts of Defendants. PLEASE TAKE FURTHER NOTICE, that all demands herein are continuing demands and the undersigned will object to the introduction into evidence of any item or testimony for which there has been no compliance. Dated: New York, New York January 7, 2015 MOLOD SPITZ & DESANTIS, P.C. Attorneys for Defendants THE NEW YORK CITY SOCIETY OF THE METHODIST CHURCH and SALEM UNITED METHODIST CHURCH s/h/a SALEM METH CHURCH 1430 Broadway, 21" Floor New York, NY 10018 Tel: (212) 869-3200 Fax: (212) 869-4242 File No.: PHIC-590 MOLOD Spitz & DESANTIS, P.C. | TO: Gary N. Rawlins, Esq. THE RAWLINS LAW FIRM, PLLC Attorneys for Plaintiff 80 Broad Street, 5" Floor New York, NY 10048 Tel: (212) 926-0050 Fax: (212) 926-0059 MOLOD Spitz & DESANTIS, P.C.