FILED: NEW YORK COUNTY CLERK 03/05/ :49 PM INDEX NO /2016 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 03/05/2018

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2 r I SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X VIRCIA CEBALLOS Plaintiff, VERIFIED BILL OF PARTICULARS -against- Index No.: /2016 HOWARD SPRING, INC., PRIMAVERA PROPERTIES, L.P., RITE AID OF NEW YORK, INC. AND RITE AID STORE Defendants. X Plaintiff VIRCIA CEBALLOS, by their attorneys, LAW OFFICES OF WILLIAM PAGER, responding to the dems of Defendants HOWARD SPRING, INC., PRIMAVERA PROPERTIES, L.P., RITE AID OF NEW YORK, INC. AND RITE AID STORE for a Verified Bill of Particulars, alleges, uponinformation belief: 1. Full name of the Plaintiff: VIRCIA CEBALLOS. 2. Residence current address, date of birth Social Security Number of the Plaintiff: Plaintiff address is 524 West184th Street, Apt.1C, New York, NY 10033, she was born in Plaintiff objects to provide with her Social Security Number. 3. Date time of occurrence: The occurrence took place on January 5, 2014 at approximately 2:00 p.m. 4. Location of occurrence: The premises located at 4188 Broadway, New York, NY /or the sidewalk portion adjacent to it

3 5. Witness information: As per CPLR dem out of the scope of the Bills of Particulars; please refer to Response to Defendant's combined dems. 6. Acts or omissions by Defendant: The occurrence was caused by the reason of the negligence, carelessness recldessness of the Defendants, their agents, servants /or employees in the ownership, operation, inspection, repair, management, maintenance, supervision, repair control of the aforesaid premises /or the sidewalk portion adjacent to it; in causing, permitting allowing the premises /or the sidewalk portion adjacent to it to be, become remain in a dangerous, unsafe condition; in causing the premises /or the sidewalk portion adjacent to it tobe, become remain in a dangerous, unsafe hazardous condition; in causing, permitting allowing the aforesaid the premises /or the sidewalk portion adjacent to it to be, become remain wet spewed with unknown substances; in causing the premises /or the sidewalk portion adjacent to it to be, become remain, wet, slippery dangerous; in failing to display any warning signs of the dangerous conditions; in failing to provide lighting, proper lighting /or adequate lighting; in failing to provide appropriate non slip surfaces, banisters /or other safety measures; in failing to place cones, signs, barricades other warning devices at the place aforesaid to prevent Plaintiff others from traversing thereat; in causing a trap; in causing creating an obstruction; in knowingly permitting said dangerous defective condition to remain;in creating, suffering permitting this condition to remain, causing a trap-like dangerous unreasonably hazardous condition; in that the Defendant, their agents, servants

4 ~~ 0 /or employees knew, or in the exercise of reasonable care caution should have known, of the aforesaid condition rectified same;in failing to provide the Plaintiff with a safe means of ingress egress to from the premises /or the sidewalk portion adjacent to it; the Defendants, their agents, servants /or employees were otherwise negligent herein. 7. Laws ordinances allegedly violated: Plaintiff objects. Pursuant to CPLR 4511, the court shall take judicial notice without request of the public statutes, codes, rules regulations of the state. Plaintiff is not required to detail violations of statutes, ordinances, codes, rules or regulations in a bill of particulars, where Plaintiff does not claim same in the complaint. See Langella v. D'Agostino Supermarket, Inc., 122 Misc.2d 708, 471 N.Y.S.2d 454 (1983);Sobel v. Midchester Jewish Center, 52 A.D.2d 944,383 N.Y.S.2d 635 (2nd DN.YN6)0~0' Dept. 1976); Coughlin v. Festin, 53 A.D.2d 800, 385 N.Y.S.2d 166 (1976); Souveran Fabrics ' ' Corp..v. v. Virginia Fibre Corporation, 32 A.D.2d 753, 301 N.Y.S.2d 273 (1st Dept.1969). 8. Whether actual or constructive notice is claimed: Actual constructive notices are alleged that defendants caused/created unsafe environment. Actual notice is claimed by virtue of the fact that the Defendants had been aware of, had caused, allowed /or permitted the dangerous condition, which resulted in Plaintiff's fall on the aforesaid area. Further information about "actual notice" is within the Defendants sole scope of knowledge. Constructive notice is claimed by virtue of the fact that this dangerous condition existed for an unreasonable length of time prior to the happening of the Plaintiff's accident the Defendants, in the exercise of reasonable care, supervision,

5 t l inspection control knew or should have known of the existence of said dangerous conditions an taken adequate proper steps to render said conditions safe. 9. If actual notice is claimed, a statement when, where by to whom same was given: Plaintiff does not presently possess the name(s) of any agents /or servants of the defendant to whom notice was given. This information will be uncovered provided after further discovery should the information requested become available. 10. If constructive notice is claimed, the length of time the condition existed: this information is within the exclusive knowledge of the Defendants. Information to be supplemented upon completion of discovery. 11. Iniuries: Plaintiff VIRCIA CEBALLOS sustained the following injuries known at this time: At L3-L4 levels, small left foraminal annular tear disc herniation.encroaching narrowing the left neural foraminal; mildly At L4-LS levels, a disc bulge superimposed left annular fissure partially effaces the ventral thecal sac produces mild spinal canal stenosis mild bilateral foraminal narrowing, disc may be in contact with the existing bilateral L5 nerve roots within the thecal sae; At C3-C4 levels, mild posterior disc osteophyte complex, consisting of small central disc protrusion, early uncovertebral joint spurring mild hypertrophy facet joints, producing mild spinal canal narrowing; At C4-C5 levels, posterior osteophyte complex, producing mild spinal canal moderate right mild left foraminal narrowing; At C5-C6 levels, posterior disc osteophyte complex, producing mild spinal canal mild bilateral narrowing; At C6-C7 levels, a broad based disc protrusion, producing moderate spinal canal mild bilateral foraminal narrowing; At L3-L4 levels, a disc bulge produces mild right foraminal narrowing, disc is in contact with the existing right L3 nerve root; At L3-L4 levels, combination of mild broad-broad disc bulge hypertrophied bilateral facet joints, producing mild bilateral stenosis; At L4-L5 levels, there is a disc bulge with indentation of the ventral margin of the thecal sac, the bulging disc encroaches severely narrows both the neural foramina of the lumbar spine (more left than right);

6 At L4-LS levels, combination of markedly hypertrophied bilateral facet joints ligamentum flavum a mild broad posterior disc bulge produces moderate bilateral foraminal stenosis, with encroachment on the existing bilateral L4 nerve roots with mild to moderate spinal canal stenosis; At L5-S1 levels, a disc bulge produces a mild left foraminal narrowing, disc may be in contact with the existing left L5 nerve root; Lumbosacral radiculopathy; At L5-S1 levels, mild foraminal stenosis is produced by hypertrophied bilateral facet joints; At L1-L2, L4-LS L5-SI levels, bilateral facet arthropathy; Mild straightening of normal lumbar lordosis; Mild osteoarthrosis of the right knee joint manifested by medial tibio-femoral compartment joint space narrowing spurring of patellar marging enthesophytes; Marginal osteophytes mild intervertebral disc space narrowing at C5-C6 levels; Multilevel disc desiccation throughout the lumbar spine; Multilevel disc desiccation of the cervical spine; Soft tissue edema around the left ankle; Soft tissue swelling of the right foot; Soft tissue swelling on the distal left foot; Extensive arthropathy at the base of the second third metatarsals with bony edema in the metatarsal bases the intermediate/lateral cuneiforms of the right foot; Arthropathy of the first metatarsal joint of the right foot; Multiple hammertoe deformities of left foot; Hallux valgus deformity arthropathy of the first metatarsophalangeal joint of the left foot with moderate arthropathy at the base of the second third metatarsals with bony edema in the metatarsals bases the intermediate cuneiforms; Moderate hallux valgus of the left foot, with soft tissue thickening overlying the head of the first metatarsal, consistent with a bunion; marrow' Moderate midfoot arthrosis of the left foot with subchondrial marrow edema osteophytes across the second third tarsometatarsal articulations, less 80 across the first TMT Joint inferiorly; Corpus callosal defect adjacent left caudate periventricular abnormality; 2"' Left hammer toe deformity; Bunion left or bunionette; Left metatarsalgia; Tenosynovitis of left foot; Bursitis; Mild right hallux valgus; Small to moderate bilateral calcanear spurs; Small focus of magnetic susceptibility in the medial margin of the forefoot of the left foot, adjacent to the Srst metatarsal shaft;

7 . 8 ~- r Contusion of the hips; Dislocation of the hip/open; Neck pain; Back pain/1umbago; Pain in lower spine with tightness; Right knee pain; Left ankle joint pain; Pain in the right ankle joints of the right foot; Pain in soft tissues of the limb; Periostitis diagnosis; Left foot pain; Chronic bilateral shoulder pain; Lower spine hypomobility; Tenderness muscle spasms; Left ankle numbness; Core weakness; Both lower extremities weakness; Bilateral sensorimotor peripheral neuropathy of the lower extremities; Bilateral tibial motor consequences of neuropathy of the lower extremities; Concussion; Headache; Dizziness; Giddiness; Restriction of motion to the neck, back, bilateral shoulders bilateral feet; Upon information belief, all of the above injuries are permanent continuing in nature, except for objective signs of contusions abrasions. All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations involvements are associated with further soft tissue injuries to the areas traumatically affected, including damage to the associated muscle groups, ligaments, tendons, cartilage, blood, tissue, epithelial tissue, all concomitant to the specific injuries related to the specific portions of the body mentioned hereinabove, with resultant scars, hemorrhage, pain, ecchymosis, deformity disability; stiffness, tenderness, weakness

8 partial restriction limitation of motion, pain on motion loss of use of the abovementioned parts; atrophy, anxiety mental anguish. The Plaintiff reserves the right to prove any all further consequences any an all further medical expenses up to at the time of trial. Upon information belief, all of the above injuries are permanent continuing in nature, except for objective signs of contusions abrasions. The Plaintiff suffered, still suffers, upon information belief will continue to suffer pain, discomfort limited movement of the injured portions of his body, including the adjacent surrounding muscles, tendons, nerves, joints, fascia, vessels soft tissues. 12. Description of injuries claimed to be permanent: see #11 above. Upon information belief, all of the above injuries are permanent continuing in nature, except for objective signs of contusions abrasions. in' 13. If a previous injury, disease, illness or condition is claimed to have been aggravated, exacerbated, state in detail the nature of each condition the name present address of each doctor, if any, who rendered treatment for the condition: see item # 11 above. 14. Length of time Plaintiff was confined to bed or home: for a period of time to be provided, except for doctors' visits. 15. Length of time Plaintiff was confined to hospital, name address of the hospital to which confined: for a period of time following the accident at New York- Presbyterian Hospital, located at 622 Nest 168th Street, New York, NY

9 ~' For a period of time following the accident at Mount Sinai St. Luke's Hospital, located at 440 West 114th Street, New York, NY Name address of Plaintiff's physicians: Madison Avenue Radiology Center, located at 1825 Madison Avenue, New York, NY 10035; CCN General Medicine PLLC, located at 325 Audubon Avenue, New York, NY 10033; Total Medical a/k/a NY 10040; Broadway Medical, located at 4405 Broadway, New York, Adam Physical Therapy PC, located at 651 West 180 Street, New York, NY 10033; Petrychenco Physicians P.C. a/k/a Scanwell Diagnostics, located at 1733, Sheepshead Bay Road, Suite 29, Brooklyn, NY 11235; NY & NJ Foot & Ankle Care, located at 656 W. 183RD Street, New York, NY 10033; Medical Plaza a/k/a All York, NY City Medical, located at 4290 Broadway, Suite 2S, New 17. Nature of Plaintiff's employment not applicable, Plaintiff was not employed at the time of the accident. ' 18. Length of time Plaintiff was incapacitated from employment not applicable, see item #17 above, Plaintiff was not employed at the time of the accident. 19. Nature f or Plaintiff's type of work at employment not applicable, see item #17 above, Plaintiff was not employed at the time of the accident. 20. Name an address of Plaintiff's employer: not applicable, see item #17 above, Plaintiff was not employed at the time of the accident. 21. If Plaintiff was self-employed:not applicable, Plaintiff was not self-employed at the time of the accident. 22. If Plaintiff was a student not applicable, Plaintiff was not a student at the time of the accident.

10 23. State total amounts claimed as loss of earnings:not applicable, Plaintiff is not claiming loss of earnings. ' 24. State the amounts claimed as specials damages for the following:. a. Physician Services: o New York-Presbyterian Hospitalapproximately the amount of $1,488.85, continuing; o Mount Sinai St. Luke's Hospital- amount to be provided when becomes available; o Madison Avenue Radiology- amount to be provided when becomes available; o CCN General Medicine-amount to be provided when becomes available; o Total Medical a/k/a Broadway Medical; o Adam Physical Therapy PC- amount to be provided when becomes available; o Petrychenco Physicians P.C. a/k/a Scanwell Diagnostics-approximatelly the amount of $1,200.00, continuing; o NY & NJ Foot & An1de Care- amount to be provided when becomes available; o Medical Plaza a/k/a All available; City Medical-amount to be provided when becomes b. Medical supplies: see letter "a" above. c. Therapist chiropractic services: see letter "a"a" above. d. Hospital clinic expenses: see letter "a" above. e. X-rays diagnostic testing: see letter "a" above. f. Any other expenses: to be provided on a separate cover if applicable. 25. Collateral source information: as per CPLR dem out of the scope of the Bills of Particulars, please refer to Plaintiff's Response to Defendant's Combined Dems. 26. Set forth the amount of reimbursement received by the Collateral Source: as per CPLR dem out of the scope of the Bills of Particulars, please refer to Plaintiff's Response to Defendant's Combined Dems.

11 P a 27. Future claim for reimbursement of economic loss to CollateralSource: as per CPLR dem out of the scope of the Bills of Particulars, please refer toplaintiffs Response to Defendant's Combined Dems. 28. If Plaintiff claims that one or more exceptions to the applicability of Article16 of the CPLR as enumerated in Section 1602 applies to this action, state the basis of this cl_aig to be provided if applicable. PLEASE TAKE FURTHER NOTICE that Plaintiff reserves theright to serve further, supplemental /or amended Bill of Particulars up to the time of trial. Dated: Brooldyn, New York March 7, 2017 Yours, etc. ' Law Offices of Willi ger BY: EARLB F. WEPRIN, ESQ. Attorneys for Plaintiff VIRCIA CEBALLOS Kings Highway l I Brooldyn, New York Our File No. 3296LR TO: Rubine & Rubine Law, P.C. Attorneys for Defendants HOWARD SPRING, INC., PRIMAVERA PROPERTIES, L. P., RITE AID OF NEW YORK, INC. AND RITE AID STORE # Harristown Road, Suite 203 Glen Rock, NJ (201)

12 FILED: NEW YORK COUNTY CLERK 03/05/ :49 PM NYSCEF DOC. NO INDEX NO /2016 ^^,... RECEIVED NYSCEF: 03/05/2018 ' * YOTE=,,INC;." AND,"gFJ'KAH)'/TOMB-."$07%08::.'@88,.:;,":."".."-" -"-'."-.;:-:- ';=',"--':-" ' --,.-;.â.'- '-.-:..==:,.=' -'-,.-%~%9~4'l@5:,=-'-."--'.".:::,'.". --,',"=-;.=--.',.--:: "-' ,'.."::.".'=:-";-" ' "-'".-..~':"' ~..""' -.."."p~,,; ' "..'.: ".-:,-::l -f..:.;--';= ~- =-". "-";-;-"'~..â..'.=, ". ' ~~; -',.",,=,,-~~... -p':,.",=::, ".:, ~', J t ','«'";"