FILED: BRONX COUNTY CLERK 10/03/2013
`NYSCEF DOC. NO. 17
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`INDEX NO. 20719/2013E
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`RECEIVED NYSCEF: 10/03/2013
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`FILED: BRONX COUNTY CLERK 10m2013
`3F DOC. NO. 17
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`INDEX NO' 20719/201333
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`RnCnIVnD vYSCEF:
`10/03/2013
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
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`........................................................................ X
`CRYSTAL JONES,
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`Index No.: 20719/2013E
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`Plaintiff,
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`_
`—agamst-
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`DEMAND FOR VERIFIED
`BILL OF PARTICULARS
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`MARIA L. MARTA, GEORGE JEN WANG and KEITH A.
`PAVON,
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`________________________________________________________________________ X
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`Defendants.
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`COUNSELORS:
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`PLEASE TAKE NOTICE, that pursuant to the provisions of the Rules of the Civil
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`Practice Laws and Rules, the undersigned hereby demands that you serve upon him, within
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`Thirty (30) days, a Verified Bill of Particulars of the Plaintiff's claims as alleged in the
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`Complaint, setting forth specifically and in detail the answers to the following items.
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`7.
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`The date and approximate time of day of the occurrence.
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`The approximate place and location where the alleged accident occurred showing
`on what street or road, with the name thereof; if it occurred at intersecting streets,
`the names thereof and the particular part of the intersection; if it occurred between
`intersecting streets, the names thereof and the distance from the intersection.
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`The general direction and on what street or road, with the name thereof, that it is
`claimed Plaintiffs motor vehicle was proceeding at the time.
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`The general direction and on what street or road, with the name thereof, that it is
`claimed Defendant's motor vehicle was proceeding at the time.
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`A general statement of the acts and/or omissions constituting the negligence on
`the part of the Defendant, of which Plaintiff complains.
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`State how it is claimed the accident occurred.
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`The particular provision of the rules, regulations, statutes and ordinances of the
`State of New York with the title, article and section number thereof which it is
`claimed the Defendant violated.
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`

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`Set forth with specificity the portions of the Defendant's vehicle which were not
`safe and were defective. With regards to each portion of the vehicle, state
`whether the Defendant had actual or constructive notice of the unsafe and
`defective condition. If actual notice is claimed, state when, where and to whom
`such notice is claimed, set forth the period of time in units of time measurements
`that the unsafe and defective condition existed with regards to each unsafe and
`defective portion of the Defendant's vehicle.
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`location, extent and duration of each and every injury
`Set forth the nature,
`claimed to have been sustained as a result of the alleged accident:
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`a.
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`b.
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`0.
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`d.
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`Set forth which of the above injuries Plaintiff will claim are "serious
`injuries" within the scope, definition and meaning of Section 5102(d) of
`the Insurance Law;
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`Set forth which of the injuries and a description of those claimed to be
`permanent, arising out of the negligence in the use or operation of a motor
`vehicle in this State;
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`Set forth any economic loss greater than basic economic loss defined in
`Insurance Law Section 5102(a); and
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`Specify in what manner Plaintiff will claim that the injuries are “serious
`injuries” pursuant to Insurance Law Section 5102(d), and identify each
`section relied upon.
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`10.
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`If Plaintiff is claiming the aggravation of a pre-existing condition, set forth with
`specificity the following:
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`a.
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`b.
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`c.
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`The nature of the pre-existing condition;
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`The length of time said condition existed prior to the alleged negligence of
`the Defendant herein; and
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`The name and address of all medical care providers who rendered services
`to Plaintiff for said pre-existing condition prior to the occurrence alleged
`in the Complaint.
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`11.
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`State the length of confinement to:
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`a.
`b.
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`Bed; and
`Home.
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`12.
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`13.
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`State the name of each and every hospital, clinic or institution where any
`treatment or examination was rendered and the period of time, if any, confined.
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`the
`is claimed that Plaintiff was treated by a physician other than at
`If it
`hospital/clinic, give the name and address of said physician. Accurately state the
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`

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`number of Visits it is claimed that Plaintiff made to each of the physicians
`specified above.
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`14.
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`State Plaintiffs:
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`9-9.01»
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`Present residence address;
`Address at the time of the occurrence;
`Date and place of birth; and
`Social Security number.
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`15.
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`If employed at the time of the accident;
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`a.
`b.
`0.
`d.
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`State the name and address of the employer and title;
`Name of the immediate supervisor;
`Length of time incapacitated from employment; and
`If self-employed, state the nature of self-employment and business
`address.
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`16.
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`17.
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`18.
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`19.
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`20.
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`If a student at the time of the accident, set forth:
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`a.
`b.
`c.
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`The name and address of the school;
`Grade and class; and
`The length of time absent, stating the specific dates.
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`State the total amount claimed as special damages for:
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`
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`3"?!“9-957!”
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`Hospital expenses;
`Physician services;
`Medical expenses;
`Nursing expenses;
`MRI/X-ray expenses; and
`Out of pocket expenses.
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`State the total amount claimed as lost earnings, including detailed statement as to
`how such lost earnings were computed. Set forth whether any portion, in whole
`or in part, was reimbursed by disability insurance, Workers' Compensation, Social
`Security or some other collateral source.
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`a.
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`If Plaintiff is making a claim for lost future earnings or diminution of
`earnings, please set forth the nature and extent of said claim.
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`If a claim for property damage is being asserted, accurately state the cost of
`property alleged to have been damaged and its value before and after the
`occurrence.
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`An itemized list of property damage claimed, including the cost of repairing each
`and every item.
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`21.
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`22.
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`23.
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`24.
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`25.
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`26.
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`If loss of use of vehicle is claimed, set forth length of time; and if a vehicle was
`hired to replace it, the reasonable rate per unit of time and total cost thereof.
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`If loss of services is claimed, a general statement as to the services Plaintiff has
`been deprived of, and for what length of time Plaintiff has been deprived of those
`services.
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`Pursuant to 42 U.S.C. 1395y(b)7 8 (Mandatory Medicare Reporting Act): state
`whether the Plaintiff presently receives Medicare benefits or has applied to
`receive Medicare benefits.
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`Pursuant to 42 U.S.C. 1395y(b)7 8 (Mandatory Medicare Reporting Act): state
`whether Plaintiff has a Medicare card and/or a health insurance claim number.
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`Pursuant to 42 U.S.C. 1395y(b)7 8 (Mandatory Medicare Reporting Act): state
`whether Plaintiff has been receiving Social Security Disability Insurance (SSDI)
`benefits for 24 months.
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`Pursuant to 42 U.S.C. 1395y(b)7 8 (Mandatory Medicare Reporting Act): state
`whether Plaintiff is suffering from end stage renal
`failure or ALS disease
`(Amyotrophic Lateral Sclerosis).
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`PLEASE TAKE FURTHER NOTICE, that in case of your failure to serve said Bill of
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`Particulars as demanded, we will move for an Order precluding the Plaintiff from giving any
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`evidence at the trial of this action concerning the matter contained in said terms.
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`Dated: Yonkers, New York
`July 12, 2013
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`Yours, etc.
`
`By
`
`SEAN M. ’Ron afiCK, ESQ.
`ADAMS, HANSQ'
`, REGO, CARLIN,
`KAPLAN &-FISHBEIN
`Atto eyfi‘or Defendant
`GEO GE JEN WANG
`
`One Executive Boulevard, Suite 280
`Yonkers, NY 10701
`914-233-1880
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`Our File No.: 01580—6168-13
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`ZLOTOLOW & ASSOCIATES, P.C.
`Attorneys for Plaintiff
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`

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`CRYSTAL JONES
`
`270 West Main Street
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`Sayville, NY 11782
`(631) 564-0055
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`MORRIS, DUFFY, ALONSO & FALEY
`Attorneys for Defendants
`MARIA L. MARTA AND KEITH A. PAVON
`Two Rector Street - 22nd Floor
`
`New York, NY 10006
`(212) 766-1888
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`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`
`—------—-——--—------------------------------------------------—------—---------—-- X
`CRYSTAL JONES,
`
`Index No.: 20719/2013 E
`
`Plaintiff,
`
`AFFIDAVIT OF SERVICE
`
`-against—
`
`MARIA L. MARTA, GEORGE JEN WANG and KEITH A.
`PAVON,
`
`Defendants.
`_________________--______-__________-________-_____________________________-______ x
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`} }
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`}
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`:SS
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`STATE OF NEW YORK
`
`COUNTY OF WESTCI-IESTER
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`Jennifer M. Brathwaite, being duly sworn, deposes and says: Deponent is not a party to the
`action, is over 18 years of age and resides in Westchester County.
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`On Julyf7, 2013, deponent served the within NOTICE OF APPEARANCE AND VERIFIED
`ANSWER, DEMAND FOR VERIFIED BILL OF PARTICULARS, DEMAND FOR
`INFORMATION, DEMAND FOR WITNESSES, DEMAND FOR COLLATERAL SOURCE
`INFORMATION, DEMAND PURSUANT TO CPLR 306-A AND 306-B, COIVIBINED DEMAND,
`NOTICE TO TAKE DEPOSITION, REQUEST FOR PRELIMINARY CONFERENCE AND
`CPLR 2103 NOTICE, upon the following attorneys in this action, at the addresses indicated below,
`which addresses have been designated by said attorneys for that purpose by depositing a true copy of
`same enclosed in a postpaid preperly addressed wrapper, in an official depository under the exclusive care
`and custody of the United States Postal Service within the State ofNew York.
`
`MORRIS, DUFFY, ALONSO & FALEY
`Attorneys for Defendants
`MARIA L. MARTA AND KEITH A.
`PAVON
`Two Rector Street - 22nd Floor
`. ew YorkkNY 1000
`-
`
`
`
`ZLOTOLOW & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`CRYSTAL JONES
`270 West Main Street
`Sayville, NY 11782
`
`Sworn to before me on thi/ a"
`July @013.
`
`
`SEAN MILCE'AEL BRODERICK
`'Public, State of New York
`’ o. 023R6239787
`Qualified in Westchester County
`Commission Expires April 25, 2015
`
`

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`INDEX NO.: 20719/2013E
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`
`YEAR: 2013
`
`EC
`
`RYSTAL JONES,
`
`Plaintiff,
`
`-against—
`
`MARIA L. MARTA, GEORGE JEN WANG and KEITH A.
`
`Defendants.
`
`NOTICE OF APPEARANCE AND VERIFIED ANSWER, DEMAND FOR VERIFIED BILL OF
`PARTICULARS, DEMAND FOR INFORMATION, DEMAND FOR WITNESSES, DEMAND FOR
`COLLATERAL SOURCE INFORMATION, DEMAND PURSUANT TO CPLR 306-A AND 306—8,
`COMBINED DEMAND, NOTICE TO TAKE DEPOSITION AND CPLR 2103 NOTICE
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`ADAMS, HANSON, REGO, CARLIN, KAPLAN & FISHBEIN
`ATTORNEYS AND COUNSELORS AT LAW
`ATTORNEYS FOR DEFENDANT, GEORGE JEN WANG
`ONE EXECUTIVE BOULEVARD, SUITE 280
`YONKERS, NY 10701
`914—233-1880
`
`Pursuant to 22 NYCRR 130-]. I, the undersigned, an attorney admitted topractice in the courts ofNew Yorkwe, certifies that, upon
`infirmation and beliefand reasonable inquiry, the contentions contained in the annexed document a
`n window.
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`Dated: July 12,2013
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`Service of a copy of the within
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`
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`Print Signer’s Name: SEAN
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`is hereby
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`/Signature: __________________________________________________________________________________
`RODERICK, ESQ.
`
`___________________________________________________________________________
`Attomey(s) for
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`