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

Similar documents
FILED: BRONX COUNTY CLERK 07/21/ :45 PM INDEX NO /2015E NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/21/2015 EXHIBIT E

Oginsky v Rasporskaya 2010 NY Slip Op 32251(U) August 12, 2010 Supreme Court, Richmond County Docket Number: /08 Judge: Philip G.

Velez v Wys 2017 NY Slip Op 30766(U) March 29, 2017 Supreme Court, Bronx County Docket Number: /2013 Judge: Howard H. Sherman Cases posted with

FILED: KINGS COUNTY CLERK 04/23/ :08 PM INDEX NO /2016 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 04/23/2018

Quiles v Rojas 2015 NY Slip Op 31664(U) January 5, 2015 Supreme Court, Bronx County Docket Number: /11 Judge: Howard H. Sherman Cases posted

FILED: QUEENS COUNTY CLERK 07/10/ :33 PM INDEX NO /2016 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 07/10/2018

Ramirez v American United Transp. Co Inc 2016 NY Slip Op 32428(U) November 28, 2016 Supreme Court, Bronx County Docket Number: /14 Judge:

A44. Plaintiff's Expert Witness Response Pursuant to CPLR 3101(D), dated June 10,2014 [pp. A44 - A46]

Santos v Manga 2016 NY Slip Op 31115(U) May 6, 2016 Supreme Court, Bronx County Docket Number: /2013 Judge: Julia I. Rodriguez Cases posted

FILED: QUEENS COUNTY CLERK 12/15/ :11 PM INDEX NO /2015 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 12/15/2017

NEW YORK SUPREME COURT - QUEENS COUNTY

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F WESTPORT INSURANCE COMPANY, INSURANCE CARRIER OPINION FILED JANUARY 19, 2005

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

FILED: NEW YORK COUNTY CLERK 11/05/ :46 PM

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

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

Lomnicki v Briere 2015 NY Slip Op 30249(U) February 10, 2015 Supreme Court, Suffolk County Docket Number: 37850/12 Judge: Paul J.

FILED: NEW YORK COUNTY CLERK 02/06/ :11 PM INDEX NO /2015 NYSCEF DOC. NO. 194 RECEIVED NYSCEF: 02/06/2018

STATE OF WEST VIRGINIA

HON. THOMAS P. PHELAN. Plaintiff( s. Defendant( s). * Norton v. Abbruzzese. et al. (Action #3), Index #011598/07

Feliz v Jimenez 2013 NY Slip Op 31505(U) July 9, 2013 Sup Ct, New York County Docket Number: /10 Judge: Arlene P. Bluth Republished from New

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

Santana v American United Transp., Inc NY Slip Op 32181(U) September 20, 2017 Supreme Court, Bronx County Docket Number: /2014 Judge:

Mendez v Fiyakola 2013 NY Slip Op 33792(U) July 1, 2013 Supreme Court, Bronx County Docket Number: /2011 Judge: Mary Ann Brigantti-Hughes Cases

Garcia v Appelt 2010 NY Slip Op 32380(U) August 24, 2010 Supreme Court, Nassau County Docket Number: 9435/09 Judge: Daniel R. Palmieri Republished

Demographic Information. Records on File as of March 29, Other Providers Referenced in the Records

ATTORNEY'S AFFIRMATION

MRI of LEFT KNEE. There is a fluid collection seen anterior to and inferior to the superiorly displaced patella.

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2192/16

STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS. FILED Claimant Below, Petitioner October 10, 2017 MEMORANDUM DECISION

Beras v Vigorito 2016 NY Slip Op 31024(U) May 31, 2016 Supreme Court, New York County Docket Number: /14 Judge: Leticia M. Ramirez Cases posted

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM F ROBERT LEON PAVEL, EMPLOYEE CLAIMANT

Ampofo v Key 2017 NY Slip Op 32191(U) September 26, 2017 Supreme Court, Bronx County Docket Number: /2015 Judge: Julia I.

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F BILLY R. COOPER, EMPLOYEE CLAIMANT FRITO LAY, INC., EMPLOYER RESPONDENT

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F HOME DEPOT, INC. RESPONDENT NEW HAMPSHIRE INSURANCE COMPANY, INSURANCE CARRIER

I. LIABILITY. Sample

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G JANNIE A. HYMES, EMPLOYEE PINEWOOD HEALTH & REHABILITATION, EMPLOYER

Additional File 1. ICD9 Codes for chronic pain related diagnoses Dx Diagnosis Description Codes

Ross v Goldfarb 2017 NY Slip Op 32660(U) November 22, 2017 Supreme Court, Bronx County Docket Number: /2013 Judge: Julia I.

Eldeeb v McArthur 2015 NY Slip Op 32393(U) June 25, 2015 Civil Court, Queens County Docket Number: QTS2014 Judge: Cheree A. Buggs Cases posted

FILED: RICHMOND COUNTY CLERK 01/17/ :45 PM INDEX NO /2015 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 01/17/2019

3D imaging reformation was obtained. The 3D color imaging reformation was reviewed in a different high resolution setting.

Your Insured: At-Fault Driver:

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2389/14

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) GENERAL JURISDICTION AND COMMON FACTUAL ALLEGATIONS

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1341/16

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1023/14

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F ROSA CORTEZ CLAIMANT BRIGHTON HOUSE CARE CENTER OPINION FILED MAY 28, 2004

Our office is always open, online at

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM F & F WILLIE LEE EVERETT, JR., EMPLOYEE CLAIMANT

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. G DAVID YERXA, Employee. NCR CORPORATION, Employer

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1068/15

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F ST. PAUL FIRE & MARINE INSURANCE, INSURANCE CARRIER

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

FILED: BRONX COUNTY CLERK 03/13/ :05 PM INDEX NO /2016E NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/13/2018

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F OPINION FILED AUGUST 30, 2004

CASE INFORMATION SHEET FLORIDA LEGAL PERIODICALS, INC. P.O. Box 3370, Tallahassee, FL (904) /(800) * FAX (850)

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2103/16

L5 S1 Extruded Disc Relieved with Cox Technic Decompression Spinal Adjusting

A Patient s Guide to Knee Anatomy. Stephanie E. Siegrist, MD, LLC

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F JOHNNY F. THROWER, EMPLOYEE CLAIMANT TRIMAC, INC., EMPLOYER RESPONDENT

STATE BOARD OF WORKERS' COMPENSATION 270 Peachtree Street, NW Atlanta, Georgia (404)

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F OPINION FILED MAY 2, 2008

NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. E RHONDA MAULDIN, EMPLOYEE

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F702969

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL

JAW. R68.84 Jaw pain M26.60 Temporomandibular joint disorder, unspecified

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2470/09

A third back injury on April 28, 2003, resulted in a two-week time loss from work.

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F ASPLUNDH TREE EXPERT COMPANY

Diaz v Murillo 2010 NY Slip Op 31417(U) June 1, 2010 Supreme Court, Nassau County Docket Number: 429/08 Judge: Roy S. Mahon Republished from New York

SUPREME COURT -STATE OF NEW YORK

Mastering the Musculoskeletal Exam UCSF Essentials of Women s Health July 7, 2016 Carlin Senter, M.D. Henry Crevensten, M.D.

Musculoskeletal Examination Benchmarks

Liability Risks for Physiatrists & Physical Therapists

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F OPINION FILED JUNE 23, 2005

Granada v Jackson 2011 NY Slip Op 30491(U) February 14, 2011 Supreme Court, Suffolk County Docket Number: Judge: Joseph Farneti Republished

Physical Examination of the Knee

CASE INFORMATION SHEET FLORIDA LEGAL PERIODICALS, INC. P.O. Box 3370, Tallahassee, FL (904) /(800) * FAX (850)

PRIMARY CARE EXAMINATION OF KEY JOINTS. Thomas M. Howard, MD, FACSM FFPC Sports Medicine

Steven Feinberg MD Andrew Sew Hoy MD

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F OPINION FILED DECEMBER 20, 2007

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NUMBER F BRYCE CORPORATION, EMPLOYER OPINION FILED SEPTEMBER 13, 2004

Low back dural tension

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

CLINICAL CONCEPTS FOR ORTHOPEDICS. CMS Clinical Concepts

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G OPINION FILED FEBRUARY 12, 2014

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1077/15

Dean v Vodola 2011 NY Slip Op 30506(U) March 1, 2011 Sup Ct, Suffolk County Docket Number: 43765/2008 Judge: William B. Rebolini Republished from New

MRI KNEE WHAT TO SEE. Dr. SHEKHAR SRIVASTAV. Sr.Consultant KNEE & SHOULDER ARTHROSCOPY

Cox Technic Flexion Distraction and Decompression Relieves Right Lower Extremity Radiculopathy and Low Back Pain Post Laminectomy

NOT DESIGNATED FOR PUBLICATION

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 3005/16

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 793/15

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F OPINION FILED OCTOBER 26, 2005

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NOS. G & G607740

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G TRACYE JOHNSON, EMPLOYEE DOLLAR TREE STORES, INC., EMPLOYER

Transcription:

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 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. 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.

4. Plaintiff was employed by the New York City Department of Parks and Recreation 24 W 61st Street, N.Y., N.Y. 10023 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.

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 10/22/62. 13. Social security number is an improper demand for a Bill of Particulars. 14. Plaintiff resides and resided at 200 Throop Avenue, Bklyn, N.Y. 11206. 15. 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. 10023 and was out of work for approximately 4 months earning approximately $750 per week loosing approximately $12,000. 18. Plaintiff was employed by the New York City Department of Parks and Recreation 24 W 61st Street, N.Y., N.Y. 10023 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. 10471 (718) 884-0100

To: Gannon Rosenfarb & Drossman 100 William Street New York, N.Y. 10038