ATTORNEY'S AFFIRMATION

Transcription

1 EXHIBIT "D" TO ATTORNEY'S AFFIRMATION

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X JOANNA TREROTOLA, INDEX NO: /16 -against- Plaintiff, VERIFIED BILL OF PARTICULARS ABM INDUSTRIES INCORPORATED, ABM JANITORIAL SERVICES, INC, ABM JANITORIAL SERVICES- NORTHEAST, INC and GGP STATEN ISLAND MALL, LLC X Defendants Plaintiff JOANNE TREROTOLA, by her attorney, THE LAW OFFICE OF TIMOTHY M O'DONOVAN, responding to Defendant's ABM INDUSTRIES INCORPORATED, ABM JANITORIAL SERVICES, INC, ABM JANITORIAL SERVICES-NORTHEAST, INC Demand for Verified Bill of Particulars with of defendants states the following: 1 21 County Woods Lane, Staten Island, New York July 4, 2014 at approximately 10:30am 3 Inside the Staten Island Mall, located at 2655 Richmond Avenue, Staten Island, New York 10314, 2nd floor, at Or near the front of the store identified as "Call it Spring" 4 Improper demand 5 Improper demand 6 The defendants ABM INDUSTRIES INCORPORATED, ABM JANITORIAL SERVICES, INC, ABM JANITORIAL SERVICES-NORTHEAST, INC and GGP STATEN ISLAND MALL, LLC, and their servants, agents, and/or employees

3 were negligent, careless and reckless in failing to keep said premises located at the Staten Island Mall, County of Richmond, City and State of New York, in a safe and suitable condition by causing excessive fluids and/or water/rain accumulation on the floor at the aforementioned location, where no mats were installed at the time of the occurrence, and nð proper warner signs, barricades, or no other demarcation procedure to alert the public, and the plaintiff herein, of a dâñgerous and unsafe condition; Defendants was negligent, careless and reckless in the ownership, operation, maintenance, mañag=ant use and/or control of the premises; Defendant their agents, servants and/or employees were negligent, reckless and careless in the construction, repair, maintenance of the premises, and in particular, inside the Staten Island Mall, 2nd floor, at Or near the front of the store identified as "Call it Spring" Defendants, their agents, servants and/or employees were negligent, reckless and careless in the maintenance, and repair of the premises Defendants, their agents, servants and/or employees did upon information and belief, create the said dañgerous and defective condition; Defeñdañts, their agents, servants did allow said dangerous and defective condition to persist and remain; Defendants, their agents, servants and/or employees did fail to warn or advise the plaintiff of the said dangerous and defective condition; Defeñdañts, their agents, servants and/or employees were negligent, reckless and careless did allow said dangerous and defective condition to remain for unreascñãble length of time; Said premises was not in a reasonably safe condition; Defeñdâñts, their agents, servants and/or employees know or should of known of this condition and failed to remedy same; Defendants, their agents, servants and/or employees failed to adequately repair and/or maintain said premises; Defendants, their agents, servants and/or employees failed to warn the plaintiff of the existing and perilous condition; Defeñdañts knew or should of known in the exercise of, 2

4 reasonable care and caution, testing observation and inspection that the aforedescribed premises in its then condition was likely to and will result in an injury to those lawfully * making use thereof; in negligently and carelessly conducting themselves about the care, inspection, repair and maintenance of the aforesaid premises as to constitute a menace, hazard and ñüisance thereby causing and constituting a trap to plaintiff, JOANNA TREROTOLA, who is caused to sustain serious injuries as complained of herein 7 The name of the person or persons to whom actual notice was given and the dates thereof when said notice was given are presently unknown to the plaintiff This information is within the scope of the defendâñts herein and this information will be elicited at the Examinations before Trial of the defendants herein, Constructive notice is claimed The dangerous and defective conditions herein existed for a sufficient length of time in that the defendants, their agents, servants and employees, in the exercises due care, prudence and diligence know or should have known of the existence of hazards existing, thereat 8 Injuries and procedures L4/5 small disc bulge with small left lateral/foramiñal disc herniation Left L4 radiculitis 6 Left L3 radiculitis Left sacroilitis Left lumbar radiculopathy Straightening of the normal lumbar lordosis L3/4 mild degenerative spoñdylosis Left sided disc osteophyte bulge Back spasms 3

5 Sciatica Left hip pain Right shoulder pain, Left knee pain Surgery scheduled for February 17, 2017 for sacroiliac joint fusion between spine and left hip to be performed by Dr Alastra at Staten Island University Hospital North ' Left median nerve branch radiofrequency ablation for sacroiliac denervation under flüõroscopy on February 17, 2016 performed by Dr Glenn Babus Selective Left L3-4; L4-5 transforaminal lumbar epidural nerve root injection under fluoroscopy on July 23, 2015 performed by Dr Glenn Babus Selective Left L3-4; L4-5 transforaminal lumbar epidural nerve root injection under fluoroscopy on July 9, 2015 performed by Dr Glenn Babus Left SIJ injection under fluoroscopy performed on December 30, 2015 performed by Dr Glenn Babus Selective Left L3-4; L4-5 transforaminal lumbar epidural nerve root injection under fluoroscopy on September 3, 2015 performed by Dr Glenn Babus Transforaminal lumbar injection and fluoroscopy on November 25,, 2014 performed by Dr Elena Ocher 4

6 The above injuries resulting disabilities, aggravations, exacerbations and involvements, are associated with further soft tissue injury, tearing, derangement and damage to the associated muscle groups, ligaments, cartilage, tendons, blood vessels and blood supply, all ceñcomitant to the injuries with resultant pain, deformity, disability, stiffness, tenderness, weakness, paresthesia, restriction, limitation, pain, limitation and loss of the use of the injured parts, atrophy, anxiety and mental anguish, and all have substentially prevented the plaintiffs from enjoying the normal fruits of social and economic activities As a direct result of the aforesaid injuries, there has ensued an altering and deformity of the bones at the site of said injuries and a severe restriction and limitation of motion That said injuries have directly affected the skin tissue at the site of the said injuries and have, and will in the future, produce pain, radiating pains, and sympathetic pains to other parts of the body That said injuries have made it ñêcessary for this plaintiffs to submit to physiotherapy in its various modalities have made it necessary for this plaintiffs to take medicetion for the relief and pain Said injuries have directly and indirectly adversely affected the nerves, tissues, blood vessels, blood supply, muscles, ligaments, cartilages tendons, bones and soft tissue parts in and about the site of the above-described areas on injury, including the nervous system, digestive system, nrescular system and *alatal system Plaintiff has required, continues to require and will require, for an indefinite period of future duration, repeated, continuous medical care and monitoring, utilization of medical support, equipment, medication, confinement and various modalities of therapy Said injuries, manifestation and sequale are permanent and chronic and with advancing years there will be naturally and medically related complications and exacerbations along with further psychological and somatic overlay with resultant disabilities The aforesaid injuries have and will continue in the future to affect every facet of plaintiff's pre-accident way of life with resultant 5

7 damages Upon information and belief, there will also be physical and psychosomatic degeñcration resulting from the continuation of the underlying conditions, manifestations and sequelae thereof The above injuries are permanent in nature except those of a soft tissue nature The* plaintiffs suffered, still suffer, and, upon information and belief, will continue to suffer pain, discomfort and limited movement of the injured portions of the body 9 Plaintiff was confined to her bed and house for approximately 4 to 5 days following the accident * 10 Plaintiff was treated in the emergency room of Staten Island Hospital immediately following the accident and was released the same day 11 Plaintiff is employed as a Paraprofessional 12 Plaintiff is employed by New York City Department of Education, District 75, South Richmond High School, 6581Hylan Blvd, Staten Island, NY Plaintiff missed approximately 4 to 5 days of work 13 Plaintiff was not totally disabled 14 Improper demand 15 Improper demand for a Bill of Particulars 16 A-E Upon information and belief all medical treatment was covered under plaintiff's private health insurance GHI, Empire BlueCross Blue Shield G - Plaintiff has paid approximately $60000 in co-payments and continuing 17 Staten Island University Hospital, 475 Seaview Avenue, Staten Island, NY Dr Elena Ocher, * Avenue, Brooklyn, NY

8 Healthcare Associates in Medicine, 1099 Targee Street, Staten Island, NŸ Orthopedic Associates, 3311 Hylan Blvd, Staten Island, NY Dr Lisa Hernandez, 6 Presley Street, Staten Island, NY Regional Radiology, 360 Bard Avenue, Staten Island, NY Bay Ridge Imaging, "' Avenue, Brooklyn, NY Statutes are not required to be specified in a Bill of Particulars unless they are raised in the cempleñt No such violations are claimed in plaintiff's complaint However, if, at the completion of discovery, if it becomes clear that specific statutes have been violated, then a supplemental Bill of Particulars will be served on defendants setting forth the premises involved Brogman v County of Nassau (App Div, 2"d Dept 1973) 41 AD 653, 340 NYS 2d 705; Sobel v Midchester Jewish Center, (App Div, 2"d Dept 1976) 52 AD2d 944, 383 NYS 2d 365; Coughlin v Festin, (App Div, 3d Dept 1976) 53 AD 2d 800, 385 NYS 2d 160, Langella v D'Agostino Supermarkets, Inc, 122 Misc 2d 708, 471 NYS 2d Not applicable 20 Not applicable PLEASE TAKE FURTHER NOTICE, plaintiff reserves the right to amend and/or supplement his response upon receipt of additional information Nelson v New York Univ Med Center, 51 AD2d 352, 355 (181 Dept 1996) PLEASE TAKE FURTHER NOTICE, general rule that party's failure to timely move for modification or vacatur forecloses further injury into merits of demand for bill of 7

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10 VERIFICATION STATE OF NEW YORK : COUNTY OF ÊhfÛ0Â I, QOiT3( Óe undersigned, being duly sworn, depose and say: I am a plaintiff in the instant action I have read the foregoing Û LU know the contents thereof; the same is true to my own knowledge, except as to t therein stated to be on information and belief, an as to those matters deponent bel be true Dated: Sworn to before me this ofht 20t6 QCt) day