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

Transcription

1 FILED: NEW YORK COUNTY CLERK 03/21/ :29 PM INDEX NO /2015 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 03/21/2016 SUPREME COURT STATE OF NEW YORK COUNTY OF KINGS PAULA YOUNG Plaintiff RESPONSIVE VERIFIED BILL OF PARTICULARS MS AND EISDORFER Index No.:155449/15 -against- MS FISH CO., YACOV EISDORFER, THE CITY OF NEW YORK, ALAN TRAKHTENBERG NYC PARKS & RECREATION Defendant Plaintiff, by her attorneys, ANTHONY J. CUGINI, JR., ESQ., P.C., responding to the demand of the Defendants MS Fish and Eisdorfer for a Bill of Particulars, alleges upon information and belief, as follows: 1a. The date of accident was March 6, 2014 approximately 12:45pm. 1b. Place of accident was Broadway and W. 57th Street, New York, N.Y. 1c. Directions of travel is an improper demand for a Bill of Particulars. 1d. Directions of roadways is an improper demand for a Bill of Particulars. 1e. Traffic control device locations is an improper demand for a Bill of Particulars. 1f. Traffic control devices locations is an improper demand for a Bill of Particulars. 1g. The make model year color of the vehicles owned by each party is an improper demand; the plates and registrations has been included in the Complaint.

2 2. Plaintiff sustained the following injuries: -left knee posterior horn medial meniscal tear which contacts the superior articular surface -left knee grade II signal in the anterior horn and posterior horn of the lateral meniscus -left knee chondromalacia along the medial femoral condyle medial compartment and medial tibial plateau -left knee joint effusion -left knee patellar nd quadriceps tendinosis -left knee popliteal cyst -loss of range of motion in the left knee -left knee sprain and strain -right knee grade II signal in the posterior horn of the medial meniscus and lateral meniscus -right knee grade II signal in the anterior horn of the medial meniscus -right knee horizontal tear within the posterior horn of the medial meniscus which contacts the superior articular surface -right knee multiseptated synovial/gonglion cyst in the posterior and medial femoral condyle -right knee patellar and quadriceps tendinosis -loss of range of motion in thee right knee -right knee sprain and strain -C5-6 broad based central disc herniation with anterior thecal sac impingement -C4-5 disc bulge with anterior thecal sac impingement -C6-7 disc bulge with anterior thecal sac impingement -Straightening of the cervical spine lordosis indicative of muscle spasm -cervical radiculopathy -cervical sprain and strain -loss of range of motion in the cervical spine -ligamentum flavum hyoertrophy and facet hypertrophy at L5-S1 -ligamentum flavum hyoertrophy and facet hypertrophy at L4-L5 -L5-S1 disc bulge with mild left lateral recess stenosis and left foraminal impingement. -L5-S1 right foraminal impingement -lumbarization of S1 -lumbar and lumboscral radiculopathy -lumbar and lumbosacral strain and sprain -loss of range of motion in the lumbar and lumbosacral spine -right hip greater trochanteric bursitis -right hip arthropathy -loss of range of motion in the right hip -right hip sprain and strain -right shoulder derangement -right scapular sprain and strain -all injuries are claimed permanent. 3. Plaintiff was confined to bed for approximately 4 weeks and Plaintiff was confined to home for approximately 4 months.

3 4. Plaintiff was employed by the New York City Department of Parks and Recreation 24 W 61st Street, N.Y., N.Y and was out of work for approximately 4 months. 5. Special damages: a. Physician s services and medical supplies $7,000 approximately b. Lost earnings approximately $4000 c. Hospital services $1,000 approximately d. Nurses services included in the physicians and hospital services e. Therapeutic services $5,000 approximately f. Drugs $500 approximately g. X-rays and diagnostics $3,000 approximately 6. Unable to respond to this demand as stated regarding constructive notice. 7. Defendant was negligent as follows: -in negligently, recklessly and carelessly operating a motor vehicle; -in negligently recklessly and carelessly driving a motor vehicle; --in negligently recklessly and carelessly hitting another vehicle; -in negligently, recklessly and carelessly failing to see what there was to be seen on the roadway; -in negligently, recklessly and carelessly keeping a proper lookout for other motorists; -in negligently, recklessly and carelessly failing to keep a proper lookout for other motorists; -in negligently, recklessly and carelessly yielding the right of way; -in negligently, recklessly and carelessly failing to yield the right of way; -in negligently, recklessly and carelessly obeying the rules of the road; -in negligently, recklessly and carelessly driving at an unsafe and unlawful speed; -in negligently, recklessly and carelessly to keep its car under proper control 8. Defendant was negligent as follows: -in negligently, recklessly and carelessly operating a motor vehicle; -in negligently recklessly and carelessly driving a motor vehicle; --in negligently recklessly and carelessly hitting another vehicle; -in negligently, recklessly and carelessly failing to see what there was to be seen on the roadway; -in negligently, recklessly and carelessly keeping a proper lookout for other motorists; -in negligently, recklessly and carelessly failing to keep a proper lookout for other motorists; -in negligently, recklessly and carelessly yielding the right of way; -in negligently, recklessly and carelessly failing to yield the right of way; -in negligently, recklessly and carelessly obeying the rules of the road; -in negligently, recklessly and carelessly driving at an unsafe and unlawful speed; -in negligently, recklessly and carelessly to keep its car under proper control 9. Plaintiff makes no products liability claim at bar. 10. The laws defendant violated will be supplemented after defendant s depositions.

4 11. Plaintiff has sustained a serious injury as defined by the section 5102(d) of the Insurance Law as follows :the plaintiff has sustained permanent loss of use of a body organ, member, function and/or system; permanent consequential limitation of a body organ or member; significant limitation of use of a body function or system; and, a medically determined injury or impairment of a non permanent nature which prevents the plaintiff from performing substantially all of the material acts which constitute such persons usual and customary daily activities, for not less than 90 during the 180 days immediately following the occurrence of the injury or impairment. Plaintiff sustained economic loss as defined by 5102(a) of the Insurance Law of the State of New York. 12. Plaintiff was born 10/22/ Social security number is an improper demand for a Bill of Particulars. 14. Plaintiff resides and resided at 200 Throop Avenue, Bklyn, N.Y Plaintiff was confined to an emergency room the name of which will be exchanged under separate cover. 16. The names of treating physicians is an improper demand for a Bill of Particulars. 17a-d. Plaintiff was employed by the New York City Department of Parks and Recreation 24 W 61st Street, N.Y., N.Y and was out of work for approximately 4 months earning approximately $750 per week loosing approximately $12, Plaintiff was employed by the New York City Department of Parks and Recreation 24 W 61st Street, N.Y., N.Y and was incapacitated from employment for approximately 4 months. 19. Plaintiff was permanently disabled for 4 months and remains partially disabled to present. 20. Preexisting conditions is an improper demand 21. Plaintiff did not own the motor vehicles involved in this accident. 22. No loss of services is claimed. Dated: July 31, 2015 Riverdale, N.Y. Yours etc..., ANTHONY J. CUGINI, JR., ESQ., P.C. 5906A Riverdale Avenue Riverdale, N.Y (718)

5 To: Gannon Rosenfarb & Drossman 100 William Street New York, N.Y