FILED: NEW YORK COUNTY CLERK 07/13/ :28 PM

Transcription

1 FILED: NEW YORK COUNTY CLERK 07/13/ :28 PM INDEX NO /2014 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 07/13/2016 EXHIBIT O EXHIBIT O EXHIBIT O

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X BRIAN GRAY, Plaintiff, ~c~k 13 ~ ~~, Tit/ Index.: /11 - against - STANLEY STAHL d/b/a STAHL PARK AVENUE COMPANY, 277 PARK AVENUE LLC., 277 PARK AVENUE CONDOMINIUM, CASSIDY TURLEY NEW YORK, INC., STANLEY STAHL MANAGEMENT INC., JP MORGAN CHASE & CO. and CAULDWELL-WINGATE CO., FIFTH SUPPLEMENTAL VERIFIED BILL OF PARTICULARS Defendants X JPMORGAN CHASE BANK, NA s/h/a JPMORGAN CHASE & CO., - against - Third Party Plaintiff. KNOLL, INC., and EVENSONBEST, LLC, Third Party Defendants X JPMORGAN CHASE BANK, N.A., s/h/a JP MORGAN CHASE & CO., Second Third-Party Plaintiff, - against - CAULDWELL-WINGATE CO., Second Third-Party Defendant. '~/ 30RAYEB &ASSOCIATES, P.C. VEW YORK, NEW YORK

3 EVONSONBEST, LLC, X Third Third Party Plaintiff, - against - N. JERSEY INTERIORS, LLC, Third Third Party Defendant X N. JERSEY INTERIORS, LLC Fourth-Party Plaintiff. - against - NJ INSTALLATIONS LLC Fourth-Party Defendant X N. JERSEY INTERIORS, LLC Second Fourth-Party Plaintiff. - against - NJ INSTALLATIONS LLC Second Fourth-Party Defendant X COUNSELORS: Plaintiff, by his attorney, GORAYEB &ASSOCIATES, P.C., as and for his Fifth Supplemental Verified Bill of Particulars, alleges upon information and belief the following: ~ORAYEB &ASSOCIATES, P.C. VEW YORK, NEW YORK Plaintiff sustained the following injuries as a result of the occurrence: Head concussion; Post traumatic concussion syndrome; 2

4 Loss of consciousness; Cervicalgia; Headaches with photophobia and phonophobia; Electric shock like syndrome in association with headaches; Occipital neuralgia on the right with pain on palpation of the right occipital nerve producing sharp scalp pain with subsequent headache; Clogging of the right ear and decreased hearing on the right associated with headaches; Dizziness; Post traumatic vertigo; Nausea; Blurred vision; Difficulty sleeping; Cervical sprain; Thoracic sprain; Lumbar sprain; Myofascial pain; Pain and stiffness of the neck and back; Cervical spine injury status post cervical surgery; Cervical radiculopathy; Cervical facet arthropathy; iorayeb &ASSOCIATES, P.C. VEW YORK, NEW YORK Cervical derangement with C4-5 disc herniation impinging on the spinal cord; GS-6 disc bulge; Status post C4-5 ACDF 1/16/13 with residual C4-5 disc herniation; 3

5 Lumbosacral radiculopathy; Lumbar facet arthropathy; Thoraolumbar derangement with L4-5 disc bulge; LS-S 1 disc bulge with retrolisthesis; Left S 1 nerve root impingement; Electrodiagnostic study reveals evidence of a right sciatic neuropathy; Electrodiagnostic study reveals evidence of a left femoral motor neuropathy; Posterior disc bulge at CS-C6; Posterior disc herniation at LS-S 1; impinging the left S 1 nerve; Posterior disc herniation at TS-T6 impinging the thoracic spinal cord; Dextroscoliosis and mild spondylosis of the thoracic spine; Post traumatic low back pain with disc herniation; Post traumatic cervical pain with disc herniation with spinal impingement; Post traumatic thoracic pain with disc herniation; Painful cervical and lumbar motions; Pain and limitation of motion in the cervical and lumbar areas; Adjacent segment arthritis cervical spine, progressive; Partial tear, rotator cuff, left shoulder; Positive speed test right shoulder; Subacromial bursitis with impingement syndrome; left shoulder; Law O~ces 30RAYE6 &ASSOCIATES, P.C. NEW YORK, NEW YORK Internal derangement of left shoulder requiring the following surgical procedures: Debridement of rotator cuff, bursal side tear; 4

6 Subacromial decompression with bursectomy; Acromioplasty and division of coracoacromial ligament; The above resulted in plaintiff's arm being placed in a sling; Crepitus at the left shoulder; Positive impingement, left shoulder; Persistent limitations at the left shoulder; Arthropathy left shoulder; Contracture left shoulder; Atrophy left upper extremity; Stiffness of the right thumb; Numbness of the right hand and right leg; Atropy left lower extremity; Arthropathy left lower leg; Articular surface injury, distal medial femoral condyle of left knee; Tear of anterior cruciate ligament of left knee; Synovitis, left knee; Antalgic gait, left lower extremity; Internal derangement right knee; Internal derangement of left knee requiring the following surgical procedures: Chondroplasty of medial femoral condyle; 30RAYEB &ASSOCIATES, P.C. VEW YORK, NEW YORK Debridement of anterior cruciate ligament tear, left knee; Major synovectomy, left knee; Crepitus at the left knee; 5

7 Tenderness at the joint line, left knee; Bilateral knee pain; Persistent pain in the knee; Post traumatic arthritis left knee, progressive; Arthropathy of the left ankle and foot; Pain in the left upper extremity and left lower extremity; Contusions of the left upper extremity and left lower extremity; Persistent tremor and fasciculations of the right lower extremity; Trauma to the left upper extremity and left lower extremity; Severe limitation of motion/flexion of the left upper extremity and left lower extremity; Necessitating extensive physical therapy; Symptoms ofpost-traumatic arthritis; Possible post traumatic osteoarthritis of left shoulder; Possible post traumatic osteoarthritis of left knee; Aru~iety; Depression; Urinary incontinence and "leakage"; Conscious pain and suffering; Physical and emotional pain and suffering; Loss of enjoyment of life. iorayeb &ASSOCIATES, P.C. 1~0 WILLIAM STREET VEW YORK, NEW YORK On January 16, 2013, plaintiff underwent the following surgical procedures at Franklin North Shore Medical Center: Cervical hemi vertebrectomy C4 u

8 Cervical hemi vertebrectomy CS Anterior cervical diskectomy C4/5; Intervertebral implant modifier; Arthrodesis; Anterior instrumentation C4/5; Closure; Resulting in left Horner's Syndrome with ptosis of the left upper lid; He is a candidate for ptosis surgery. The plaintiff has been unable to work subsequent to the accident and was 100% disabled at that time. Plaintiff has been required to walk with a knee brace, cane and crutches. The above injuries are accompanied by severe, tenderness, swelling, stiffness, discomfort, distress, weakness, difficulties, restriction of motion and with related injuries, damages, compromise and degeneration of the underlying soft tissues, blood vessels, bones, nerves, tendons, ligaments and musculature and all of the natural consequences flowing therefrom. Plaintiff, BRIAN GRAY, sustained trauma to the left upper extremity and left lower extremity with contusion and with severe pain, with discoloration, numbness, and as a result of the above injuries, plaintiff has suffered severe pain and difficulty with walking and/or standing or performing strenuous activities, with periods of exacerbation of pain and symptoms, and his life and lifestyle have been impaired. Plaintiff has suffered impaired muscular coordination and suffered restriction and impairment of his activities with severe ~ORAYEB &ASSOCIATES, P.C. VEW YORK, NEW YORK pain and inability to perform many of his usual and required duties, responsibilities and functions as he had done prior to this accident and has suffered and continues to suffer 7

9 severe emotional anguish, lethargy and fearfulness due to his physical condition with impairment of his vocational, recreational and social functioning. Plaintiff further sustained trauma to his left extremity and left lower extremity and these injuries were accompanied with pain and discomfort, with permanent resultant swelling, deformity, overriding, effusion, ecchymosis, gapping, atrophy, weakness, osteoporosis, calcification, thickening, arthritis, induration and post traumatic neuropathy, accompanied by severe restriction and limitation of movement. There was damage, tearing, stretching, and involvement of the muscles, nerves, blood vessels, ligaments, tendons and soft tissue in and about the areas surrounding the injured sites. All of the above injuries are permanent in nature and duration were caused and precipitated by the aforementioned occurrence. Upon information and belief, all of the above injuries are of a permanent nature and lasting nature, except for those of a superficial nature. FUTURE EXPENSES: Plaintiff will need the following future medical care for lifetime duration: All medications including opiod pain medication, muscles relaxants, and anti-inflammatories at an approximate cost of $700 per month for lifetime duration. Pain management office visits at a cost of $200 per visit once every other month for lifetime duration. Orthopedic office visits at a cost of $300 per visit, once every 6 months for lifetime duration. Law offices ~ORAYEB &ASSOCIATES, P.C. VEW YORK, NEW YORK Cervical epidural steroid injection with lysis of adhesions at a cost of $2000 per injection and $1000 for anesthesia services, plus $2500 hospital costs for fluoroscopic guidance, 3 injections every 2 years, for lifetime duration.

10 Radiofrequency cervical facet ablation at cost of $2000 and $1000 for anesthesia services, plus $2500 hospital costs for fluoroscopic guidance, once every 2 years, for lifetime duration. Lumbar transforaminal steroid injections with DRG at a cost of $2000, and $1000 for anesthesia services, plus $2500 hospital costs for fluoroscopic guidance, once every 2 years for lifetime duration. Radiofrequency lumbar facet ablation at a cost of $2000, and $1000 for anesthesia services, plus $2500 hospital costs for fluoroscopic guidance, once every 2 years for lifetime duration. Great occipital nerve block, at a cost of $300, once every 18 months, for lifetime duration. Trigger point injections at a cost of $300 per injections, one set of injections every 4 months for lifetime duration. Lubrication injection using Synvisc, Orthovisc, or Supartz, at a cost of $400 per injection, a series of 3 injections to the left shoulder, left ankle, and bilateral knees, every 12 months, for lifetime duration. Steroid injection into the left shoulder, left ankle, and bilateral knees at a cost of $300, once every 18 months, for lifetime duration. Physical therapy at a cost of $120 per visit, twice a month for 18 months, then 10 sessions per year, to maintain strength, range of motion and pain management for lifetime duration. MRI of cervical spine at a cost of $1300, once every 5 years for lifetime duration. MRI of lumbar spine at a cost of $1300, once every 5 years for lifetime duration. MRI of brain at a cost of $1300, once every 5 years for lifetime duration. MRI of left shoulder at a cost of $1300, once every 5 years for lifetime duration. ~ORAYEB &ASSOCIATES, P.C. VEW YORK, NEW YORK MRI of left ankle at a cost of $1300, once every 5 years for lifetime duration. 0

11 MRI of left and right knee at a cost of $1300, once every 5 years for lifetime duration Plaintiff reserves the right to amend and/or supplement the foregoing up to and including the time of trial. Dated: New York, New York Apri122, 2016 Yours, etc., TO: MARK ELDER, ESQ. GORA B &ASSOCIATES, P.C. Attorney for Plaintiff 100 William Street New York, New York (212) RUSSO &TONER, LLP Attorney for Defendant and Third Party Plaintiff JP MORGAN CHASE, NA s/h/a JP MORGAN CHASE & CO 33 Whitehall Street New York, New York CARTALFALSA SLATTERY TURPIN & LENOFF Attorney for Defendants STANLEY STAHL d/b/a STAHL PARK AVENUE COMPANY, 277 PARK AVENUE LLC and STANLEY STAHL MANAGEMENT INC. 165 Broadway New York, New York O'CONNOR O'CONNOR HINTZ & DEVENEY, LLP Attorney for Third Party Defendant KNOLL INC One Huntington Quadrangle Melville, New York iorayeb &ASSOCIATES, P.C. JEW YORK, NEW YORK AHMUTY DEMERS & McMANUS Attorney for Third Third Party Defendant/Third Third Party Plaintiff EVENSONBEST LLC 200 I.U. Willets Road 10

12 Albertson, New York RENZULLI LAW FIRM, LLP Attorney for Second Third Party Defendant CAULDWELL WINGATE 81 Main Street, Suite 508 White Plains, New York CRISCI, WEISER & MC CARTHY Attorney for Third Third Party Defendant and Fourth Party Plaintiff N JERSEY INTERIORS LLC 17 State Street - 8th floor New York, New York AHMUTY DEMERS & McMANUS, ESQS. Attorneys for Second Fourth-Party Defendant NJ INSTALLATIONS LTD 199 Water Street, 16th floor New York, New York aoraye6 &ASSOCIATES, P.C. NEW YORK, NEW YORK

13 VERIFICATION MARK J. ELDER, an attorney duly admitted to practice law in the State of New York, affirm under the penalty of perjury: I am of counsel to the firm of GORAYEB &ASSOCIATES, P.C., attorneys for plaintiff the within action. I have read the foregoing FIFTH SUPPLEMENTAL BILL OF PARTICULARS and know the contents thereof; the same is true to my own knowledge, except as to the matters stated to be alleged on information and belief, and as to those matters I believe it to be true. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: conversations with claimant and investigation of underlying facts and papers contained in a file maintained in my office. The reason this verification is made by me and not by plaintiff is that he resides outside of the county where your affirmant's office is located. Dated: New York, New York Apri122, 2016 A LDER ~ORAYEB &ASSOCIATES, P.C. VEW YORK, NEW YORK 10038

14 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BRIAN GRAY Index No /11 Plaintiff, -against- STANLEY STAHL d/b/a STAHL PARK AVENUE COMPANY, 277 PARK AVENUE LLC, 277 PARK AVENUE CONDOMINIUM, CASSIDY TURLEY NEW YORK INC., STANLEY STAHL MANAGEMENT INC. and JP MORGRAN CHASE & CO. Defendants X JP MORGAN CHASE BANK, N.A s/h/a JP MORGAN CHASE & CO., - against- Third Party Plaintiff, KNOLL, INC., and EVENSONBEST, LLC, Third Party Defendant FIFTH SUPPLEMENTAL VERIFIED BILL OF PARTICULARS GORAYEB &ASSOCIATES, P.C. Attorneys for Plaintiff 100 William Street, Suite 1900 New York, New York (212) FILE NO LL

15 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X BRIAN GRAY, Plaintiff, ~c~k 13 ~ ~~, Tit/ Index.: /11 - against - STANLEY STAHL d/b/a STAHL PARK AVENUE COMPANY, 277 PARK AVENUE LLC., 277 PARK AVENUE CONDOMINIUM, CASSIDY TURLEY NEW YORK, INC., STANLEY STAHL MANAGEMENT INC., JP MORGAN CHASE & CO. and CAULDWELL-WINGATE CO., FIFTH SUPPLEMENTAL VERIFIED BILL OF PARTICULARS Defendants X JPMORGAN CHASE BANK, NA s/h/a JPMORGAN CHASE & CO., - against - Third Party Plaintiff. KNOLL, INC., and EVENSONBEST, LLC, Third Party Defendants X JPMORGAN CHASE BANK, N.A., s/h/a JP MORGAN CHASE & CO., Second Third-Party Plaintiff, - against - CAULDWELL-WINGATE CO., Second Third-Party Defendant. '~/ 30RAYEB &ASSOCIATES, P.C. VEW YORK, NEW YORK

16 EVONSONBEST, LLC, X Third Third Party Plaintiff, - against - N. JERSEY INTERIORS, LLC, Third Third Party Defendant X N. JERSEY INTERIORS, LLC Fourth-Party Plaintiff. - against - NJ INSTALLATIONS LLC Fourth-Party Defendant X N. JERSEY INTERIORS, LLC Second Fourth-Party Plaintiff. - against - NJ INSTALLATIONS LLC Second Fourth-Party Defendant X COUNSELORS: Plaintiff, by his attorney, GORAYEB &ASSOCIATES, P.C., as and for his Fifth Supplemental Verified Bill of Particulars, alleges upon information and belief the following: ~ORAYEB &ASSOCIATES, P.C. VEW YORK, NEW YORK Plaintiff sustained the following injuries as a result of the occurrence: Head concussion; Post traumatic concussion syndrome; 2

17 Loss of consciousness; Cervicalgia; Headaches with photophobia and phonophobia; Electric shock like syndrome in association with headaches; Occipital neuralgia on the right with pain on palpation of the right occipital nerve producing sharp scalp pain with subsequent headache; Clogging of the right ear and decreased hearing on the right associated with headaches; Dizziness; Post traumatic vertigo; Nausea; Blurred vision; Difficulty sleeping; Cervical sprain; Thoracic sprain; Lumbar sprain; Myofascial pain; Pain and stiffness of the neck and back; Cervical spine injury status post cervical surgery; Cervical radiculopathy; Cervical facet arthropathy; iorayeb &ASSOCIATES, P.C. VEW YORK, NEW YORK Cervical derangement with C4-5 disc herniation impinging on the spinal cord; GS-6 disc bulge; Status post C4-5 ACDF 1/16/13 with residual C4-5 disc herniation; 3

18 Lumbosacral radiculopathy; Lumbar facet arthropathy; Thoraolumbar derangement with L4-5 disc bulge; LS-S 1 disc bulge with retrolisthesis; Left S 1 nerve root impingement; Electrodiagnostic study reveals evidence of a right sciatic neuropathy; Electrodiagnostic study reveals evidence of a left femoral motor neuropathy; Posterior disc bulge at CS-C6; Posterior disc herniation at LS-S 1; impinging the left S 1 nerve; Posterior disc herniation at TS-T6 impinging the thoracic spinal cord; Dextroscoliosis and mild spondylosis of the thoracic spine; Post traumatic low back pain with disc herniation; Post traumatic cervical pain with disc herniation with spinal impingement; Post traumatic thoracic pain with disc herniation; Painful cervical and lumbar motions; Pain and limitation of motion in the cervical and lumbar areas; Adjacent segment arthritis cervical spine, progressive; Partial tear, rotator cuff, left shoulder; Positive speed test right shoulder; Subacromial bursitis with impingement syndrome; left shoulder; Law O~ces 30RAYE6 &ASSOCIATES, P.C. NEW YORK, NEW YORK Internal derangement of left shoulder requiring the following surgical procedures: Debridement of rotator cuff, bursal side tear; 4

19 Subacromial decompression with bursectomy; Acromioplasty and division of coracoacromial ligament; The above resulted in plaintiff's arm being placed in a sling; Crepitus at the left shoulder; Positive impingement, left shoulder; Persistent limitations at the left shoulder; Arthropathy left shoulder; Contracture left shoulder; Atrophy left upper extremity; Stiffness of the right thumb; Numbness of the right hand and right leg; Atropy left lower extremity; Arthropathy left lower leg; Articular surface injury, distal medial femoral condyle of left knee; Tear of anterior cruciate ligament of left knee; Synovitis, left knee; Antalgic gait, left lower extremity; Internal derangement right knee; Internal derangement of left knee requiring the following surgical procedures: Chondroplasty of medial femoral condyle; 30RAYEB &ASSOCIATES, P.C. VEW YORK, NEW YORK Debridement of anterior cruciate ligament tear, left knee; Major synovectomy, left knee; Crepitus at the left knee; 5

20 Tenderness at the joint line, left knee; Bilateral knee pain; Persistent pain in the knee; Post traumatic arthritis left knee, progressive; Arthropathy of the left ankle and foot; Pain in the left upper extremity and left lower extremity; Contusions of the left upper extremity and left lower extremity; Persistent tremor and fasciculations of the right lower extremity; Trauma to the left upper extremity and left lower extremity; Severe limitation of motion/flexion of the left upper extremity and left lower extremity; Necessitating extensive physical therapy; Symptoms ofpost-traumatic arthritis; Possible post traumatic osteoarthritis of left shoulder; Possible post traumatic osteoarthritis of left knee; Aru~iety; Depression; Urinary incontinence and "leakage"; Conscious pain and suffering; Physical and emotional pain and suffering; Loss of enjoyment of life. iorayeb &ASSOCIATES, P.C. 1~0 WILLIAM STREET VEW YORK, NEW YORK On January 16, 2013, plaintiff underwent the following surgical procedures at Franklin North Shore Medical Center: Cervical hemi vertebrectomy C4 u

21 Cervical hemi vertebrectomy CS Anterior cervical diskectomy C4/5; Intervertebral implant modifier; Arthrodesis; Anterior instrumentation C4/5; Closure; Resulting in left Horner's Syndrome with ptosis of the left upper lid; He is a candidate for ptosis surgery. The plaintiff has been unable to work subsequent to the accident and was 100% disabled at that time. Plaintiff has been required to walk with a knee brace, cane and crutches. The above injuries are accompanied by severe, tenderness, swelling, stiffness, discomfort, distress, weakness, difficulties, restriction of motion and with related injuries, damages, compromise and degeneration of the underlying soft tissues, blood vessels, bones, nerves, tendons, ligaments and musculature and all of the natural consequences flowing therefrom. Plaintiff, BRIAN GRAY, sustained trauma to the left upper extremity and left lower extremity with contusion and with severe pain, with discoloration, numbness, and as a result of the above injuries, plaintiff has suffered severe pain and difficulty with walking and/or standing or performing strenuous activities, with periods of exacerbation of pain and symptoms, and his life and lifestyle have been impaired. Plaintiff has suffered impaired muscular coordination and suffered restriction and impairment of his activities with severe ~ORAYEB &ASSOCIATES, P.C. VEW YORK, NEW YORK pain and inability to perform many of his usual and required duties, responsibilities and functions as he had done prior to this accident and has suffered and continues to suffer 7

22 severe emotional anguish, lethargy and fearfulness due to his physical condition with impairment of his vocational, recreational and social functioning. Plaintiff further sustained trauma to his left extremity and left lower extremity and these injuries were accompanied with pain and discomfort, with permanent resultant swelling, deformity, overriding, effusion, ecchymosis, gapping, atrophy, weakness, osteoporosis, calcification, thickening, arthritis, induration and post traumatic neuropathy, accompanied by severe restriction and limitation of movement. There was damage, tearing, stretching, and involvement of the muscles, nerves, blood vessels, ligaments, tendons and soft tissue in and about the areas surrounding the injured sites. All of the above injuries are permanent in nature and duration were caused and precipitated by the aforementioned occurrence. Upon information and belief, all of the above injuries are of a permanent nature and lasting nature, except for those of a superficial nature. FUTURE EXPENSES: Plaintiff will need the following future medical care for lifetime duration: All medications including opiod pain medication, muscles relaxants, and anti-inflammatories at an approximate cost of $700 per month for lifetime duration. Pain management office visits at a cost of $200 per visit once every other month for lifetime duration. Orthopedic office visits at a cost of $300 per visit, once every 6 months for lifetime duration. Law offices ~ORAYEB &ASSOCIATES, P.C. VEW YORK, NEW YORK Cervical epidural steroid injection with lysis of adhesions at a cost of $2000 per injection and $1000 for anesthesia services, plus $2500 hospital costs for fluoroscopic guidance, 3 injections every 2 years, for lifetime duration.

23 Radiofrequency cervical facet ablation at cost of $2000 and $1000 for anesthesia services, plus $2500 hospital costs for fluoroscopic guidance, once every 2 years, for lifetime duration. Lumbar transforaminal steroid injections with DRG at a cost of $2000, and $1000 for anesthesia services, plus $2500 hospital costs for fluoroscopic guidance, once every 2 years for lifetime duration. Radiofrequency lumbar facet ablation at a cost of $2000, and $1000 for anesthesia services, plus $2500 hospital costs for fluoroscopic guidance, once every 2 years for lifetime duration. Great occipital nerve block, at a cost of $300, once every 18 months, for lifetime duration. Trigger point injections at a cost of $300 per injections, one set of injections every 4 months for lifetime duration. Lubrication injection using Synvisc, Orthovisc, or Supartz, at a cost of $400 per injection, a series of 3 injections to the left shoulder, left ankle, and bilateral knees, every 12 months, for lifetime duration. Steroid injection into the left shoulder, left ankle, and bilateral knees at a cost of $300, once every 18 months, for lifetime duration. Physical therapy at a cost of $120 per visit, twice a month for 18 months, then 10 sessions per year, to maintain strength, range of motion and pain management for lifetime duration. MRI of cervical spine at a cost of $1300, once every 5 years for lifetime duration. MRI of lumbar spine at a cost of $1300, once every 5 years for lifetime duration. MRI of brain at a cost of $1300, once every 5 years for lifetime duration. MRI of left shoulder at a cost of $1300, once every 5 years for lifetime duration. ~ORAYEB &ASSOCIATES, P.C. VEW YORK, NEW YORK MRI of left ankle at a cost of $1300, once every 5 years for lifetime duration. 0

24 MRI of left and right knee at a cost of $1300, once every 5 years for lifetime duration Plaintiff reserves the right to amend and/or supplement the foregoing up to and including the time of trial. Dated: New York, New York Apri122, 2016 Yours, etc., TO: MARK ELDER, ESQ. GORA B &ASSOCIATES, P.C. Attorney for Plaintiff 100 William Street New York, New York (212) RUSSO &TONER, LLP Attorney for Defendant and Third Party Plaintiff JP MORGAN CHASE, NA s/h/a JP MORGAN CHASE & CO 33 Whitehall Street New York, New York CARTALFALSA SLATTERY TURPIN & LENOFF Attorney for Defendants STANLEY STAHL d/b/a STAHL PARK AVENUE COMPANY, 277 PARK AVENUE LLC and STANLEY STAHL MANAGEMENT INC. 165 Broadway New York, New York O'CONNOR O'CONNOR HINTZ & DEVENEY, LLP Attorney for Third Party Defendant KNOLL INC One Huntington Quadrangle Melville, New York iorayeb &ASSOCIATES, P.C. JEW YORK, NEW YORK AHMUTY DEMERS & McMANUS Attorney for Third Third Party Defendant/Third Third Party Plaintiff EVENSONBEST LLC 200 I.U. Willets Road 10

25 Albertson, New York RENZULLI LAW FIRM, LLP Attorney for Second Third Party Defendant CAULDWELL WINGATE 81 Main Street, Suite 508 White Plains, New York CRISCI, WEISER & MC CARTHY Attorney for Third Third Party Defendant and Fourth Party Plaintiff N JERSEY INTERIORS LLC 17 State Street - 8th floor New York, New York AHMUTY DEMERS & McMANUS, ESQS. Attorneys for Second Fourth-Party Defendant NJ INSTALLATIONS LTD 199 Water Street, 16th floor New York, New York aoraye6 &ASSOCIATES, P.C. NEW YORK, NEW YORK

26 VERIFICATION MARK J. ELDER, an attorney duly admitted to practice law in the State of New York, affirm under the penalty of perjury: I am of counsel to the firm of GORAYEB &ASSOCIATES, P.C., attorneys for plaintiff the within action. I have read the foregoing FIFTH SUPPLEMENTAL BILL OF PARTICULARS and know the contents thereof; the same is true to my own knowledge, except as to the matters stated to be alleged on information and belief, and as to those matters I believe it to be true. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: conversations with claimant and investigation of underlying facts and papers contained in a file maintained in my office. The reason this verification is made by me and not by plaintiff is that he resides outside of the county where your affirmant's office is located. Dated: New York, New York Apri122, 2016 A LDER ~ORAYEB &ASSOCIATES, P.C. VEW YORK, NEW YORK 10038

27 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BRIAN GRAY Index No /11 Plaintiff, -against- STANLEY STAHL d/b/a STAHL PARK AVENUE COMPANY, 277 PARK AVENUE LLC, 277 PARK AVENUE CONDOMINIUM, CASSIDY TURLEY NEW YORK INC., STANLEY STAHL MANAGEMENT INC. and JP MORGRAN CHASE & CO. Defendants X JP MORGAN CHASE BANK, N.A s/h/a JP MORGAN CHASE & CO., - against- Third Party Plaintiff, KNOLL, INC., and EVENSONBEST, LLC, Third Party Defendant FIFTH SUPPLEMENTAL VERIFIED BILL OF PARTICULARS GORAYEB &ASSOCIATES, P.C. Attorneys for Plaintiff 100 William Street, Suite 1900 New York, New York (212) FILE NO LL

28 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X BRIAN GRAY, Plaintiff, Index.: / 11 - against - STANLEY STAHL d/b/a STAHL PARK AVENUE COMPANY, 277 PARK AVENUE LLC., 277 PARK AVENUE CONDOMINIUM, CASSIDY TURLEY NEW YORK, inc., STANLEY STAHL MANAGEMENT INC., JP MORGAN CHASE & CO. and CAULDWELL-WINGATE CO., FOURTH SUPPLEMENTAL VERIFIED BILL OF PARTICULARS Defendants X JPMORGAN CHASE BANK, NA s/h/a JPMORGAN CHASE & CO., - against - Third Party Plaintiff. KNOLL, INC., and EVENSONBEST, LLC, Third Party Defendants X JPMORGAN CHASE BANK, N.A., s/h/a JP MORGAN CHASE & CO., Second Third-Party Plaintiff, against - CAULDWELL-WINGATE CO., Second Third-Party Defendant. GORAYEB &ASSOCIATES, P.C. NEW YORK, NEW YORK

29 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~X EVONSONBEST, LLC, Third Third Party Plaintiff, - against - N. JERSEY INTERIORS, LLC, Third Third Party Defendant X N. JERSEY INTERIORS, LLC Fourth-Party Plaintiff. - against - NJ INSTALLATIONS LLC Fourth-Party Defendant X N. JERSEY INTERIORS, LLC Second Fourth-Party Plaintiff. against - NJ INSTALLATIONS LLC Second Fourth-Party Defendant. COUNSELORS: Plaintiff, by his attorney, GORAYEB &ASSOCIATES, P.C., as and for his Fourth Supplemental Verified Bill of Particulars in response to the demand of the defendants, Third Party Defendant, Second Third Party Defendant, Third Third Party GORAYEB &ASSOCIATES, P.C. NEW YORK, NEW YORK Defendant, Fourth Party Defendant and Second Fourth-Party Defendant, alleges upon information and belief the following:

30 Plaintiff sustained the following injuries as a result of the occurrence: Head concussion; Post traumatic concussion syndrome; Loss of consciousness; Cervicalgia; Headaches with photophobia and phonophobia; Electric shock like syndrome in association with headaches; Occipital neuralgia on the right with pain on palpation of the right occipital nerve producing sharp scalp pain with subsequent headache; Clogging of the right ear and decreased hearing on the right associated with headaches; Dizziness; Post traumatic vertigo; Nausea; Blurred vision; Difficulty sleeping; Cervical sprain; Thoracic sprain; Lumbar sprain; Myofascial pain; Pain and stiffness of the neck and back; Cervical spine injury status post cervical surgery; GORAYEB &ASSOCIATES, P.C. NEW YORK, NEW YORK Cervical radiculopathy; Cervical facet arthropathy; 3

31 Cervical derangement with C4-5 disc herniation impinging on the spinal cord; C-5-6 disc bulge; Status post C4-5 ACDF 1/16/13 with residual C4-5 disc herniation; Lumbosacral radiculopathy; Lumbar facet arthropathy; Thoraolumbar derangement with L4-5 disc bulge; LS-S 1 disc bulge with retrolisthesis; Left S 1 nerve root impingement; Electrodiagnostic study reveals evidence of a right sciatic neuropathy; Electrodiagnostic study reveals evidence of a left femoral motor neuropathy; Posterior disc bulge at CS-C6; Posterior disc herniation at LS-S 1; impinging the left S 1 nerve; Posterior disc herniation at TS-T6 impinging the thoracic spinal cord; Dextroscoliosis and mild spondylosis of the thoracic spine; Post traumatic low back pain with disc herniation; Post traumatic cervical pain with disc herniation with spinal impingement; Post traumatic thoracic pain with disc herniation; Painful cervical and lumbar motions; Pain and limitation of motion in the cervical and lumbar areas; GORAYEB &ASSOCIATES, P.C. NEW YORK, NEW YORK Adjacent segment arthritis cervical spine, progressive; Partial tear, rotator cuff, left shoulder; Positive speed test right shoulder; 4

32 Subacromial bursitis with impingement syndrome; left shoulder; Internal derangement of left shoulder requiring the following surgical procedures: Debridement of rotator cuff, bursal side tear, Subacromial decompression with bursectomy; Acromioplasty and division of coracoacromial ligament; The above resulted in plaintiff s arm being placed in a sling; Crepitus at the left shoulder; Positive impingement, left shoulder; Persistent limitations at the left shoulder; Arthropathy left shoulder; Contracture left shoulder; Atrophy left upper extremity; Stiffness of the right thumb; Numbness of the right hand and right leg; Atropy left lower extremity; Arthropathy left lower leg; Articular surface injury, distal medial femoral condyle of left knee; Tear of anterior cruciate ligament of left knee; Synovitis, left knee; Antalgic gait, left lower extremity; Internal derangement right knee; GORAYEB &ASSOCIATES, P.C. NEW YORK, NEW YORK Internal derangement of left knee requiring the following surgical procedures: 5

33 Chondroplasty of medial femoral condyle; Debridement of anterior cruciate ligament tear, left knee; Major synovectomy, left knee; Crepitus at the left knee; Tenderness at the joint line, left knee; Bilateral knee pain; Persistent pain in the knee; Post traumatic arthritis left knee, progressive; Arthropathy of the left ankle and foot; Pain in the left upper extremity and left lower extremity; Contusions of the left upper extremity and left lower extremity; Persistent tremor and fasciculations of the right lower extremity; Trauma to the left upper extremity and left lower extremity; Severe limitation of motion/flexion of the left upper extremity and left lower extremity; Necessitating extensive physical therapy; Symptoms ofpost-traumatic arthritis; Possible post traumatic osteoarthritis of left shoulder; Possible post traumatic osteoarthritis of left knee; A~iety; Depression; Urinary incontinence and "leakage"; GORAYEB &ASSOCIATES, P.C. NEW YORK, NEW YORK Conscious pain and suffering; Physical and emotional pain and suffering; D

34 Loss of enjoyment of life. On January 16, 2013, plaintiff underwent the following surgical procedures at Franklin North Shore Medical Center: Cervical hemi vertebrectomy C4 Cervical hemi vertebrectomy CS Anterior cervical diskectomy C4/5; Intervertebral implant modifier; Arthrodesis; Anterior instrumentation C4/5; Closure; Resulting in left Horner's Syndrome with ptosis of the left upper lid; He is a candidate for ptosis surgery. The plaintiff has been unable to work subsequent to the accident and was 100% disabled at that time. Plaintiff has been required to walk with a knee brace, cane and crutches. The above injuries are accompanied by severe, tenderness, swelling, stiffness, discomfort, distress, weakness, difficulties, restriction of motion and with related injuries, damages, compromise and degeneration of the underlying soft tissues, blood vessels, bones, nerves, tendons, ligaments and musculature and all of the natural consequences flowing therefrom. Plaintiff, BRIAN GRAY, sustained trauma to the left upper extremity and left GORAYEB &ASSOCIATES, P.C. NEW YORK, NEW YORK lower extremity with contusion and with severe pain, with discoloration, numbness, and as a result of the above injuries, plaintiff has suffered severe pain and difficulty with walking and/or standing or performing strenuous activities, with periods of exacerbation of pain and 7

35 symptoms, and his life and lifestyle have been impaired. Plaintiff has suffered impaired muscular coordination and suffered restriction and impairment of his activities with severe pain and inability to perform many of his usual and required duties, responsibilities and functions as he had done prior to this accident and has suffered and continues to suffer severe emotional anguish, lethargy and fearfulness due to his physical condition with impairment of his vocational, recreational and social functioning. Plaintiff further sustained trauma to his left extremity and left lower extremity and these injuries were accompanied with pain and discomfort, with permanent resultant swelling, deformity, overriding, effusion, ecchymosis, gapping, atrophy, weakness, osteoporosis, calcification, thickening, arthritis, induration and post traumatic neuropathy, accompanied by severe restriction and limitation of movement. There was damage, teaxing, stretching, and involvement of the muscles, nerves, blood vessels, ligaments, tendons and soft tissue in and about the areas surrounding the injured sites. All of the above injuries are permanent in nature and duration were caused and precipitated by the aforementioned occurrence. Upon information and belief, all of the above injuries are of a permanent nature and lasting nature, except for those of a superficial nature. FUTURE EXPENSES: Plaintiff will need the following future medical care for lifetime duration: GORAYEB &ASSOCIATES, P.C. NEW YORK, NEW YORK All medications including anti-inflammatories, muscles relaxants, neuropathic pain medications, opioid pain medications, and sleeping medications at a cost of $800 per month for lifetime duration; Ei]

36 Pain management office visits at a cost of $200 per visit once every other month for lifetime duration; A series of cervical epidural steroid injections at a cost of $1000 per injection, plus $1800 hospital cost for fluoroscopic guidance, and hospital cost For anesthesia services, 3 injections every 18 months for lifetime duration; A series of lumbar transforaminal steroid injections at a cost of $1000 per injection, plus $1800 hospital cost for fluoroscopic guidance, plus $1000 for anesthesia services, 3 injections every 18 months for lifetime duration. Trigger point injections and/or greater occipital steroid injections at a cost of $300 per injections, one set of injections every six months for lifetime duration. Radiofrequency to the cervical facet joints at a cost of $2000 per injection, plus $1000 for anesthesia services, plus $2000 hospital cost for fluoroscopic guidance once every 2 years for lifetime duration; Radiofrequency to the lumbar facet joints at a cost of $2000 per injection, plus $1000 for anesthesia services, plus $2000 hospital cost for fluoroscopic guidance once every 2 years for lifetime duration; Asteroid injection into the shoulder and knee at a cost of $300 for each injection, once everyl8 months for each injection for lifetime duration; Joint lubrication injections using Synvisc, Orthovisc, Supartz or Euflexxa at a cost of $400 per injection, a series of 3 injections to the knee every 18 months for lifetime duration; ~ Physical therapy at a cost of $120 per visit, twice per week for 6 months and then twice a month to maintain strength, range of motion, and pain management for lifetime duration; Follow up office visits with the orthopedic surgeon at a cost of $400 per visit, once every six months for lifetime duration; Home renovations to accommodate above noted disabilities; GORAYEB &ASSOCIATES, P.C. NEW YORK, NEW YORK CAT scan of the cervical spine at a cost of $1200, once every 5 years for lifetime duration; ~J

37 CAT scan of the lumbar spine at a cost of $1200, once every 5 years for lifetime duration; CAT scan of the shoulder at a cost of $1200, once every 5 years for lifetime duration; CAT scan of the knee at a cost of $1200, once every 5 years for lifetime duration. Plaintiff reserves the right to amend and/or supplement the foregoing up to and including the time of trial. Dated: New York, New York July 16, 2015 Yours, etc., TO:.~~ /Z MARK J(~ELDER, ESQ. GORAYEB &ASSOCIATES, P.C. Attorney for Plaintiff 100 William Street New York, New York (212) RUSSO &TONER, LLP Attorney for Defendant and Third Party Plaintiff JP MORGAN CHASE, NA s/h/a JP MORGAN CHASE & CO 33 Whitehall Street New York, New York GORAYEB &ASSOCIATES, P.C. NEW YORK, NEW YORK CARTALFALSA SLATTERY TURPIN & LENOFF Attorney for Defendants STANLEY STAHL d/b/a STAHLPARK AVENUE COMPANY, 277 PARK AVENUE LLC and STANLEY STAHL MANAGEMENT INC. 165 Broadway New York, New York l~~~

38 O'CONNOR O'CONNOR HINTZ & DEVENEY, LLP Attorney for Third Party Defendant KNOLL INC One Huntington Quadrangle Melville, New York STEVEN K. MANTIONE, ESQ. Attorney for Third Party Defendant EVENSONBEST LLC 333 Hempstead Avenue Malverne, New York RENZULLI LAW FIRM, LLP Attorney for Second Third Party Defendant CAULDWELL WINGATE 81 Main Street, Suite 508 White Plains, New York CRISCI, WEISER & MC CARTHY Attorney for Third Third Party Defendant and Fourth Party Plaintiff N JERSEY INTERIORS LLC 17 State Street - 8th floor New York, New York AHMUTY DEMERS & McMANUS, ESQS. Attorneys for Second Fourth-Party Defendant NJ INSTALLATIONS LTD 199 Water Street, 16th floor New York, New York GORAYEB &ASSOCIATES, P.C. NEW YORK, NEW YORK

39 VERIFICATION MARK J. ELDER, an attorney duly admitted to practice law in the State of New York, affirm under the penalty of perjury: I am of counsel to the firm of GORAYEB &ASSOCIATES, P.C., attorneys for plaintiff the within action. I have read the foregoing FOURTH SUPPLEMENTAL BILL OF PARTICULARS and know the contents thereof; the same is true to my own knowledge, except as to the matters stated to be alleged on information and belief, and as to those matters I believe it to be true. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: conversations with claimant and investigation of underlying facts and papers contained in a file maintained in my office. The reason this verification is made by me and not by plaintiff is that he resides outside of the county where your affirmant's office is located. Dated: New York, New York July 16, 2015 RK J. DER GORAYEB &ASSOCIATES, P.C. NEW YORK, NEW YORK 10038

40 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BRIAN GRAY Index No /11 Plaintiff, -against- STANLEY STAHL d/b/a STAHL PARK AVENUE COMPANY, 277 PARK AVENUE LLC, 277 PARK AVENUE CONDOMINIUM, CASSIDY TURLEY NEW YORK INC., STANLEY STAHL MANAGEMENT INC. and JP MORGRAN CHASE & CO. Defendants X JP MORGAN CHASE BANK, N.A s/h/a JP MORGAN CHASE & CO., - against- Third Party Plaintiff, KNOLL, INC., and EVENSONBEST, LLC, Third Party Defendant FOURTH VERIFIED BILL OF PARTICULARS GORAYEB &ASSOCIATES, P.C. Attorneys for Plaintiff 100 William Street, Suite 1205 New York, New York (212) FILE NO LL

41 GORAYEB & ASSOCIATES, P.C., 12T" FLOOR NEW YORK, NEW YORK ~~~~~ ~~ ~ ~ ~ ~ ~ ~ 1 ~ ~~ :U.S R~JSSO &TONER, L.L.P 33 W}?itehall Street New Yar k New York 1()004 ~~n~~~.i~f I ~~~~t~ n,9~11 ~r~rri3~~~~it~li~tllt«tj~~~i'iflt ~3~i

42 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BRIAN GRAY, Plaintiff, Index.: /11 - against - STANLEY STAHL d/b/a STAHL PARK AVENUE COMPANY, 277 PARK AVENUE LLC, 277 PARK AVENUE CONDOMINIUM, CASSI1)Y TURLEY NEW YORK, INC., STANLEY STAHL MANAGEMENT INC., JP MORGAN CHASE & CO. and CAULDWELL-WINGATE CO., THIRD SUPPLEMENTAL VERIFIED BILL OF PARTICULARS JPMORGAN CHASE BANK, NA s/h/a JPMORGAN CHASE & CO., Defendants. X - against - Third Party Plaintiff. KNOLL, INC., and EVENSONBEST, LLC, Third Party Defendants x JPMORGAN CHASE BANK, N.A., s/h/a JP MORGAN CHASE & CO., Second Third-Party Plaintiff, - against - CAULDWELL-WJNGATE CO., Second Third-Party Defendant x EVONSONBEST, LLC, Third Third Party Plaintiff, RAYEB & ASSOCIATES, P.C. YORK NEW YORK 1003$ - against - N. JERSEY INTERIORS, LLC, Third Third Party Defendant. I

43 COUNSELORS: Plaintiff, by his attorney, (JORAYEB & ASSOCIATES, P.C., as and for his Third Supplemental Verified Bill of Particulars in response to the demand of the defendants, Third Party Defendant and Second Third Party Defendant, alleges upon information and belief the following: Plaintiff sustained the following injuries as a result of the occurrence: Head concussion; Post traumatic concussion syndrome; Loss of consciousness; Cervicalgia; Headaches with photophobia and phonophobia; Electric shock like syndrome in association with headaches; Occipital neuralgia on the right with pain on palpation of the right occipital nerve producing Sharp scalp pain with subsequent headache; Clogging of the right ear and decreased hearing on the right associated with headaches; Dizziness; Post traumatic vertigo; Nausea; Blurred vision; Difficulty sleeping; RAYEB & ASSOCIATES. PC. WYORK, NEW YORK Cervical sprain; Thoracic sprain;

44 9AYEB & ASSOCIATES, P.C. Lumbar sprain; Myofascial pain:, Pain and stiffness of the neck and back; Cervical spine injury status post cervical surgery; Cervical radiculopathy; Cervical facet arthropathy; Cervical derangement with C4-5 disc herniation Impinging on the spinal cord; C-5-6 disc bulge; Status post C4-5 ACDF 1/16/13 with residual C4-5 disc herniation; Lumbosacral radicuiopathy; Lumbar facet arthropathy; Thoraolumbar derangement with L4-5 disc bulge; L5-Sl disc bulge with retrolisthesis; Left Si nerve root impingement; Electrodiagnostic study reveals evidence of a right sciatic neuropathy; Electrodiagnostic study reveals evidence of a left femoral motor neuropathy; Posterior disc bulge at C5-C6; Posterior disc herniation at L5-Sl; impinging the left Si nerve; 11 I] Posterior disc herniation at T5-T6 impinging the thoracic spinal cord; II WYORK, NEWYORK 10038

45 Dextroscoliosis and mild spondylosis of the thoracic spine; Post traumatic low back pain with disc herniation; Post traumatic cervical pain with disc herniation with spinal impingement; Post traumatic thoracic pain with disc herniation; Painful cervical and lumbar motions; Pain and limitation of motion in the cervical and lumbar areas; Partial tear, rotator cuff, left shoulder; Positive speed test right shoulder; Subacromial bursitis with impingement syndrome; left shoulder; Internal derangement of left shoulder requiring the following surgical procedures: Debridement of rotator cuff, bursal side tear; Subacromial decompression with bursectomy; Acromioplasty and division of coracoacromial ligament; The above resulted in plaintiffs arm being placed in a sling; Crepitus at the left shoulder; Positive impingement, left shoulder; Persistent limitations at the left shoulder; }RAYEB & ASSOCIATES ) PC. EWYORK, NEWYORK Arthropathy - left shoulder; Stiffness of the right thumb; 13

46 Numbness of the right hand and right leg; Arthropathy - left lower leg; Articular surface injury, distal medial femoral condyle of left knee; Tear of anterior cruciate ligament of left knee; Synovitis, left knee; Antalgic gait, left lower extremity; Internal derangement of left knee requiring the following surgical procedures: Chondroplasty of medial femoral condyle; Debridement of anterior cruciate ligament tear, left knee; Major synovectomy, left knee; Crepitus at the left knee; Tenderness at the joint line, left knee; Bilateral knee pain; Persistent pain in the knee; Arthropathy of the left ankle and foot; Pain in the left upper extremity and left lower extremity; Contusions of the left upper extremity and left lower extremity; Persistent tremor and fasciculations of the right lower extremity; I I RAYEB & ASSOCIATES. P.C. Trauma to the left upper extremity and. 2W YORK NEWYORK left lower extremity;

47 Severe limitation of motion/flexion of the left upper extremity and left lower extremity; Necessitating extensive physical therapy; Symptoms of post-traumatic arthritis; Possible post traumatic osteoarthritis of left shoulder; Possible post traumatic osteoarthritis of left knee; Anxiety; Depression; Urinary incontinence and "leakage"; Conscious pain and suffering; Physical and emotional pain and suffering; Loss of enjoyment of life. On January 16, 2013, plaintiff underwent the following surgical procedures at Franklin/North Shore Medical Center: Cervical hemi vertebrectomy C4 Cervical hemi vertebrectomy CS Anterior cervical diskectomy C4/5; Intervertebral implant modifier; Arthrodesis; Anterior instrumentation C4/5; IAYEB & ASSOCIATES, P.C. JTWYORK, NEWYORK Closure; Resulting in left l-iorner s Syndrome with ptosis of the left upper lid;

48 He is a candidate for ptosis surgery. The plaintiff has been unable to work subsequent to the accident and was 100% disabled at that time. Plaintiff has been required to walk with a knee brace, cane and crutches. The above injuries are accompanied by severe, tenderness, swelling, stiffhess, discomfort, distress, weakness, difficulties, restriction of motion and with related injuries, damages, compromise and degeneration of the underlying soft tissues, blood vessels, bones, nerves, tendons, ligaments and musculature and all of the natural consequences flowing therefrom. Plaintiff, BRIAN GRAY, sustained trauma to the left upper extremity and left lower extremity with contusion and with severe pain, with discoloration, numbness, and as a result of the above injuries, plaintiff has suffered severe pain and difficulty with walking and/or standing or performing strenuous activities, with periods of exacerbation of pain and symptoms, and his life and lifestyle have been impaired. Plaintiff has suffered impaired muscular coordination and suffered restriction and impairment of his activities with severe pain and inability to perform many of his usual and required duties, responsibilities and functions as he had done prior to this accident and has suffered and continues to suffer severe emotional anguish, lethargy and fearfulness due to his physical condition with impairment of his vocational, recreational and social functioning. Plaintiff further sustained trauma to his left extremity and left lower extremity and these injuries were accompanied with pain and discomfort, with permanent RAYES & ASSOCIATES, P.C. HWYORK, NEW YORK resultant swelling, deformity, overriding, effusion, ecchymosis, gapping, atrophy, weakness, osteoporosis, calcification, thickening, arthritis, induration and post traumatic neuropathy, accompanied by severe restriction and limitation of movement. PA