FILED: NEW YORK COUNTY CLERK 07/07/ /25/ :46 PM INDEX NO /2014 NYSCEF DOC. NO RECEIVED NYSCEF: 07/07/2014

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1 FILED: NEW YORK COUNTY CLERK 07/07/ /25/ :46 PM INDEX NO /2014 NYSCEF DOC. NO RECEIVED NYSCEF: 07/07/ /25/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MILERVA SANTOS, X Index No.: 20398/2014E -against- Plaintiff, VERIFIED BILL OF PARTICULARS TO APPLE BANCORP APPLE BANCORP, INC., BRUCE C. LIMITED PARTNERSHIP, G & B FLORIST INC., and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendants. SIRS: X PLEASE TAKE NOTICE, that the Plaintiff, MILERVA SANTOS, by her attorney, LAW OFFICES OF ALAN M. GREENBERG, P.C., hereby submits the following, as and for her Bill of Particulars pursuant to demand of defendant, APPLE BANCORP, INC., dated June 19, 2014 upon information and belief: 1. The occurrence complained of herein took place on Thursday, April 4, 2013 at approximately 2:30 p.m. 2. The occurrence complained of herein took place on the sidewalk abutting the premises of 4257 Broadway, County, City and State of New York. 3. Not applicable. 4. Defendant APPLE BANCORP, INC. its agents, servants and/or employees was negligent, careless and reckless in the design, construction, ownership, operation, management, maintenance, repair, supervision and/or control of the aforesaid sidewalk; in causing, permitting and allowing the aforesaid sidewalk to be, become and remain in a dilapidated condition and/or sunken, broken, holey, depressed, raised, cracked, uneven and worn; in causing, permitting and/or allowing said sidewalk to be, become and remain

2 in a dangerous, hazardous and traplike condition; in failing to repair, properly repair and/or timely repair the aforesaid conditions; in failing to remedy, properly remedy and/or timely remedy the aforesaid dangerous and hazardous conditions although they had or should have had notice thereof in view of the fact that said conditions existed for some time prior to the occurrence herein; in creating said defective conditions; in failing to provide a safe place for Plaintiff and others to traverse thereat; in failing to put expansion joint sealant between the sidewalk flags; in allowing gaps to exist between the sidewalk flags; in failing to insure and provide adequate street lighting to illuminate the sidewalk area including the subject defect; in negligently, carelessly and recklessly hiring, engaging, employing and/or retaining incompetent, inexperienced, unskilled, unqualified contractors and/or subcontractors to perform work, labor and/or services to the subject sidewalk thereat; in improperly repairing the aforesaid place some time prior to the occurrence; in failing to remedy, properly remedy and/or timely remedy the aforesaid dangerous and hazardous conditions; in failing to warn, properly warn and/or timely warn Plaintiff and others of the dangers existing thereat; in causing, permitting and allowing the incident in question to happen; in failing to inspect, properly inspect and/or timely inspect the aforesaid place to ascertain the dangers existing thereat; in causing a trap; in causing and creating a dangerous situation; in knowingly permitting said dangerous conditions to remain; in failing to use due care and caution; in causing, permitting and/or allowing the subject sidewalk to become and remain in an unsafe, improper and dangerous condition, which constituted a hazard, trap and nuisance to Plaintiff and others lawfully thereat; in failing to keep said sidewalk in a reasonable and proper state of repair; in permitting a dangerous, hazardous and defective condition to

3 exist and remain for an unreasonable period of time; in failing to erect barricades or signs or other warning devices around the condition to warn persons, and more particularly, Plaintiff herein, of the dangerous conditions then and there existing; in failing to barricade or otherwise prevent others from traversing the area where a dangerous and defective condition existed; in permitting the aforementioned area to be used while in a dangerous, defective and traplike condition; in causing, allowing and permitting said dangerous and defective conditions to exist for an unreasonable length of time, under the circumstances then and there prevailing without remedying same; in failing to maintain and repair the aforesaid sidewalk in such a manner as to avoid the occurrence complained of herein; in failing to timely and properly remedy said dangerous and defective condition; in failing to take timely and adequate precautions to prevent the happening of the occurrence complained of; and in failing to use due care and caution so as to avoid the happening of the occurrence complained of. Plaintiff may also rely upon the doctrine of res ipsa loquitur, to the extent applicable. 5. As a result of the occurrence complained of herein, Plaintiff MILERVA SANTOS sustained the following known personal injuries: CERVICAL AND LUMBAR SPINE: - Bilateral C5 Cervical Radiculopathy; L5 lumbar radiculitis and bilateral peripheral neuropathy; - Disc hernaitions at C4-5, C5-6, C6-7 with central and foraminal narrowing as well as impingement upon the spinal cord; - Disc bulge at C3-4; - Grade I listhesis and possible lysis at LS-S1; - Disc herniation with central and foraminal narrowing at LS-S1;

4 - Disc herniations at L2-3, L3-4, and L4-5; LEFT KNEE: - Tears of the anterior horn and body and posterior horn of the medical and lateral menisci; - Partial tears of the medial and lateral collateral ligaments as well as popliteus tendon; - Bone contusions of the medial femoral condyle and medial tibial plateau; - Prepatellar soft tissue edema; Joint effusion; - Partial tear of the ACL; - Popliteal cyst; On March 4, 2014, Plaintiff underwent a total left knee replacement surgery; Exacerbation, aggravation and/or precipitation of previously asymptomatic left knee condition; Left Ankle pain; Plaintiff is a candidate for future spinal injections and future spinal surgery; That the above injuries to the neck and back were accompanied by and productive of severe, persistent, constant, excruciating and unremitting pain to the upper and lower extremities; weakness; numbness and tingling; stiffness; muscle spasms; muscle and ligament strain; bilateral shoulder tenderness; decreased sensations; tightness; rigidity; stiffness; inflammation; osteoarthritis; restriction and limitation of all movement, motion and bending of the neck and back; decreased range of motion; decreased mobility; soreness; pain on change of weather; difficulty sleeping due to pain; instability; difficulty and pain on walking, sitting and standing for long periods of time; slow, antalgic gait; difficulty and pain on bending and straightening up; difficulty and pain on ascending and descending stairs; difficulty in overhead reaching; difficulty in pulling, pushing, lifting or carrying heavy objects; dull, aching sensation all over; discomfort, deformity and disability; That the above injuries to the knees were accompanied by and productive of severe radiating pain; throbbing sensations; stiffness; tenderness; limitation and restriction of all motion, movement, bending, flexion and extension of the left lower extremity; slow, antalgic gait; limping; synovitis; inflammation; swelling; abrasions; post-traumatic hypertrophic arthritis and/or arthritic changes; osteoarthritis; change of weather

5 sensations; difficulty walking, climbing and descending stairs; effusion; throbbing sensations; edema; decreased strength to knees; weakness; fatigue; non-weight bearing; numbness; paresthesia; decreased mobility; gross instability of the left lower extremity; misalignment; inability to walk or stand for long periods of time without pain; pain on active range of motion; soft tissue swelling; deformity, discomfort and disability; Upon information and belief, Plaintiff will undergo future surgery, including but not limited to arthroscopy, open, partial, and/or full joint/ligament replacement and total knee replacement. Further, as a result of the foregoing injuries, plaintiff was required to undergo extensive physical therapy and rehabilitation, including, but not limited to, soft-tissue mobilization, active range of motion and strengthening exercises, massage, hot/cold packs, moist heat, spinal manipulation, electrical stimulation, ultrasound, myofascial release and other therapeutic exercises; all in an effort to decrease pain and increase functional mobility; Future development of arthritic, osteo-arthritic and degenerative changes in the associated joints, tendons, ligaments and supportive and connective tissue with associated neurological damage, nerve root impingement and deformity; In addition, there was injury to surrounding muscles, tendons, ligaments, nerves, blood vessels, supportive and connective tissue, with resulting pain, tenderness, weakness, restriction and limitation of motion and loss of use of the affected parts. Plaintiff claims that all of the foregoing injuries set forth above are permanent in nature and effect, and are progressive. 6. As a result of the occurrence complained of herein and resulting injuries therefrom, Plaintiff was treated at the emergency room of New York Presbyterian Hospital, 525 E 68th St, New York, NY on April 14, As a result of the occurrence complained of herein and resulting injuries therefrom, Plaintiff confined to bed for approximately one (1) week and was generally confined to home for approximately three (3) weeks following the occurrence. 7. Plaintiff was not employed at the time of the occurrence. 8. To date, Plaintiff has sustained the following known special damages: a. Physicians' services: approx. $15,000;

6 b. loss of earnings: not applicable; c. Hospitals: approx. $5,000; d. Nurse's services: included in c; e. MR's: approx. $5,000; In the event that any of the foregoing elements of damages have been repaid to the Plaintiff or otherwise paid for by other sources, these damages are being alleged for illustrative purposes. Plaintiff reserves the right to supplement this response as treatment may be ongoing and continuing. 9. Plaintiff resides 10. Not applicable. 11. Plaintiff claims defendant(s), their agents, servants and/or employees violated all relevant and applicable provisions of the laws made in these types of cases including, but not limited to, New York City Administrative Code and 7-210, NYC DOT Code 2-09, and 34 RCNY 2-09 (f)(4)(v). Plaintiff specifically reserves the right to amend and/or supplement this paragraph after completion of discovery. 12. Not applicable. 13. Plaintiffs date of birth is. 14. Plaintiff objects to providing her social security number as the release of social security numbers constitutes an invasion of privacy; is not required by the CPLR; and opens plaintiff to identity theft. See, Meyerson v. Prime Realty Services, Sup. N.Y., 18001/03, (NYLJ, p.1, 3/3/05); Greidenger v. Davis, 988 F.2d 1344; Seeling v. Sielafi, 201 AD2d 298, 607 NYS2d 300 (1st Dept. 1994); and Bibeau v. Cantiague Figure Skating Club, Inc., 294 AD2d 525, 742 NYS2d 864 (2nd Dept. 2002).

7 15. This matter is not subject to this particular law. 16. See above. Dated: New York, NY July 7, 2014 LAW OFFICES OF ALAN M. GREENBERG, P.C. TO: CARTAFALSA, SLATTERY, TURPIN & LENOFF Attn: David S. Pasternak, Esq. Attorneys for Defendant APPLE BANCORP, INC. One Liberty Plaza 165 Broadway, 28th Floor New York, NY (212) SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. Attorneys for Defendant BRUCE C. LIMITED PARTNERSHIP 111 John Street New York NY (212) DAVID A. SANTORO Attorneys for Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 4 Irving Place, Room 1800 New York NY (212) DEVITT, SPELLMAN, BARRETT, LLP Attorneys for Defendant G & B FLORIST, INC. By: Robert J. Menna, Esq. Attorney for Plaintiff(s) 370 Lexington Avenue Suite 801 New York, NY (212)

8 50 Route 111 Smithtown New York (631)

9 CLIENT VERIFICATION STATE OF NEW YORK ) COUNTY OF NEW YORK ) MILERVA SANTOS, being duly sworn, deposes and says: That I am the plaintiff herein in the within action, that I have read the foregoing\v and know the contents thereof; that the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters affirmant believes to be true. MILERVA SANTOS Sworn to before me this +1Y, day of Tc) 201q. Notary Public BRENDALIZ MINAYA Notary Public - State of New York No. 01M Qualified in Westchester County Commission Expires March 18, 20

FILED: NEW YORK COUNTY CLERK 03/21/ :29 PM INDEX NO /2015 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 03/21/2016

FILED: NEW YORK COUNTY CLERK 03/21/2016 03:29 PM INDEX NO. 155449/2015 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 03/21/2016 SUPREME COURT STATE OF NEW YORK COUNTY OF KINGS PAULA YOUNG Plaintiff RESPONSIVE VERIFIED