FILED: KINGS COUNTY CLERK 03/21/2023 03:48 PM
`FILED: KINGS COUNTY CLERK 03/21/2023 03:48 P
`NYSCEF DOC. NO. 38
`NYSCI EF DOC. NO. 38
`
`INDEX NO. 503770/2020
`IND
`EX NO.
`503770/2020
`
`
`RECEIVED NYSCEF: 03/21/2023
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`
` ED
` EF’:
`03/21/2023
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` NYSCI
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`Exhibit H
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`FILED: KINGS COUNTY CLERK 03/21/2023 03:48 PM
`NYSCEF DOC. NO. 38
`
`INDEX NO. 503770/2020
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`RECEIVED NYSCEF: 03/21/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`----------------------------------------------------------------------X
`BRYANT JACKSON,
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`Plaintiff,
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`Index No.: 503770/2020
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`VERIFIED BILL OF
`PARTICULARS
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`-against-
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`FORTUNA REALTY GROUP LLC
`and R.C. STRUCTURES INC.,
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`Defendants.
`----------------------------------------------------------------------X
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`Plaintiff, BRYANT JACKSON, by his attorneys, KUBICK & ASSOCIATES, P.C., as and
`for his Bill of Particulars, in response to the demand of the Defendants, FORTUNA REALTY
`GROUP LLC and R.C. STRUCTURES INC, respectfully alleges, upon information and belief, as
`follows:
`1.
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`2.
`3.
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`DOB: 9/20/1981; United States; Objection, improper demand, without waiving or
`limiting said demand, the final four SSN: XXX-XX-0629.
`Date of occurrence: 11/3/2017 Time of Occurrence: approximately 3:00 PM.
`Plaintiff, BRYANT JACKSON, sustained the following injuries as a result of the
`accident herein:
`RIGHT KNEE: OPERATIVE PROCEDURE: Right knee arthroscopic
`reconstruction using allograft; partial medial meniscectomy; grade 2
`chondroblast of medial femoral condyle; major synovectomy of all 3
`compartments performed by Dr. Imran Ashraf, on January 25, 2018, at
`Health Plus Surgery Center. Preoperative Diagnosis: Right knee complete
`anterior cruciate
`ligament
`tear; medial meniscal
`tear; synovitis.
`Postoperative Diagnosis: Right knee complete anterior cruciate ligament
`tear; major synovitis of medial and patellofemoral compartments; grade 1
`chondral injury of the medial femoral condyle; complex tear of posterior
`horn, medial meniscus. Complete proximal anterior cruciate ligament tear
`with nondepressed subchondral fracture of the anterior meniscal tear; lateral
`meniscal tear; medial meniscal tear; medial collateral ligament sprain with
`tear of meniscofemoral fibers; partial tear of proximal lateral collateral
`ligament with scarring of lateral capsule; patella alta with lateral
`subluxation. Restriction of range of motion, pain, sprain, strain, nerve
`damage and internal derangement.
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`Upon information and belief, the injuries so sustained have weakened those
`parts of the body and have rendered them more susceptible to future trauma
`and the likely development of arthritis and arthritic changes and possible
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`DocuSign Envelope ID: ADD257C1-407F-40A6-924B-25CA59A79989
`
`

`

`FILED: KINGS COUNTY CLERK 03/21/2023 03:48 PM
`NYSCEF DOC. NO. 38
`
`INDEX NO. 503770/2020
`
`RECEIVED NYSCEF: 03/21/2023
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`future surgical intervention necessary for surgery upon the above-
`referenced body parts. The Plaintiff will set forth the sequelae, continued
`effects and results of said injuries, and treatment thereof, as they become
`known to her. If it is determined that the Plaintiff suffered from any pre-
`existing conditions, then Plaintiff shall claim that said conditions were
`asymptomatic and that the subject incident aggravated and/or exacerbated
`said conditions.
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`All of the above-mentioned injuries are permanent.
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`Confined to (a) bed and (b) home: to be provided, if applicable.
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`Plaintiff, BRYANT JACKSON, underwent X-rays at the following medical
`provider:
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`Hudson River Radiology Center
`547 Summit Ave
`Jersey City, NJ 07306
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`Plaintiff, BRYANT JACKSON, underwent treatment at the following medical
`providers:
`
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`Health Plus Surgery Center
`190 Midland Avenue
`Saddle Brook, NJ 07663
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`Jevan Therapy LLC d/b/a Roseville Physical Therapy
`500 Orange Street, Ste. 2
`Newark, NJ 07107
`
`Christ Hospital
`176 Palisade Avenue
`Jersey City, NJ 07306
`
`Hudson River Radiology Center
`547 Summit Ave
`Jersey City, NJ 07306
`
`Hudson Pro Orthopedics & Sports Medicine
`700 Herkimer Street
`Brooklyn, NY 11233
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`Plaintiff shall provide expert disclosure pursuant to CPLR 3101(d).
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`4.
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`6.
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`DocuSign Envelope ID: ADD257C1-407F-40A6-924B-25CA59A79989
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`

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`FILED: KINGS COUNTY CLERK 03/21/2023 03:48 PM
`NYSCEF DOC. NO. 38
`
`INDEX NO. 503770/2020
`
`RECEIVED NYSCEF: 03/21/2023
`
`7.
`8.
`9.
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`10.
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`11.
`12.
`13.
`14.
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`15.
`16.
`17.
`18.
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`See Paragraph No. 7.
`Prior Injuries: Not applicable.
`a) Plaintiff was employed by RC Structures Inc., 13 Landing Road, Roslyn, NY
`11576. b) Plaintiff worked as a laborer. c) Plaintiff earned an average $1,040.00 a
`week. c) and d) See paragraph 11.
`
`
`Plaintiff has been totally incapacitated from his usual occupation within construction
`since the date of the accident until present, he continues to be unable to work any
`construction jobs. Plaintiff claims $171,420.00 in lost wages. Following the
`accident, Plaintiff missed eight months of work from RC Structures, he was paid by
`Defendant, R.C. STRUCTURES INC., for that period he was incapacitated. Plaintiff
`was totally incapacitated from employment from June 2018 – October 2018, Plaintiff
`claims $17,680 in lost wages for this time period. Plaintiff began to work, as an Uber
`driver, and worked as an Uber driver from November 2018 – March 2020, earning
`$500 a week, Plaintiff claims $37,360 in lost wages for this time period (difference
`between [Uber wages $500/ week * 69 weeks] $34,500 - $71,760 [Construction
`wages $1040/week * 69 weeks]). From April 2020 until present, Plaintiff has been
`incapacitated from work, he claims $116,480 in lost wages for this time period. Lost
`wages calculated as follows: $17,680 + $37,260 + $116480 = $171,420.00.
`
`See paragraph 11.
`See paragraph 11.
`Plaintiff has not returned to work since the date of the incident.
`Special Damages: Under information and belief, Defendant, R.C. STRUCTURES
`INC.,
`See Paragraph 9.
`Not applicable.
`Not applicable.
`a.
`Objection. Plaintiff objects to this demand in that it calls for evidentiary
`information or material and is improper and beyond the scope of a Bill of Particulars.
`Defendant will have an opportunity to obtain requested information at Plaintiff’s
`deposition. Without waiving or limiting objection, The incident occurred at 25 West
`38th street, NY, NY 10018. The incident happened on the 4th floor deck of the work
`site.
`Objection. Plaintiff objects to this demand in that it calls for evidentiary
`b.
`information or material and is improper and beyond the scope of a Bill of Particulars.
`Defendant will have an opportunity to obtain requested information at Plaintiff’s
`deposition. Without waiving or limiting objection, the information demanded is in
`control of the Defendants’ herein, Plaintiff reserves the right to amend/supplement
`this response at the end of discovery.
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`DocuSign Envelope ID: ADD257C1-407F-40A6-924B-25CA59A79989
`
`

`

`FILED: KINGS COUNTY CLERK 03/21/2023 03:48 PM
`NYSCEF DOC. NO. 38
`
`INDEX NO. 503770/2020
`
`RECEIVED NYSCEF: 03/21/2023
`
`Objection. Plaintiff objects to this demand in that it calls for evidentiary
`c.
`information or material and is improper and beyond the scope of a Bill of Particulars.
`Defendant will have an opportunity to obtain requested information at Plaintiff’s
`deposition. Without waiving or limiting objection, the information demanded is in
`control of the Defendants’ herein, Plaintiff reserves the right to amend/supplement
`this response at the end of discovery.
`d.
`Constructive notice is claimed. Plaintiff claims that the dangerous and/or
`defective condition complained of existed for a long and unreasonable time prior to
`the accident herein such that same should have been remedied prior to the accident
`herein. Plaintiff cannot provide any further particulars at this time and reserves his
`rights to amend and/or supplement this response after completion of discovery.
`Constructive notice is also claimed in that the Defendants are deemed to have notice
`of a condition which the Plaintiff’s employer, or other sub- contractors on site,
`caused, had notice of, or are legally charged with notice. Plaintiffs cannot provide
`any further particulars at this time and reserve the right to amend and/or supplement
`this response after conclusion of discovery.
`e.
`Actual notice is alleged. Said information is within the defendant’s own
`knowledge. As now known and in the absence of depositions, the Plaintiff is not
`presently aware of those persons having actual notice of the conditions complained
`of and reserves the right to supplement this response upon completion of
`depositions.
`
`Objection. Plaintiff objects to this demand in that it calls for evidentiary
`f.
`information or material and is improper and beyond the scope of a Bill of Particulars.
`Defendant will have an opportunity to obtain requested information at Plaintiff’s
`deposition. Without waiving or limiting objection, the information demanded is in
`control of the Defendants’ herein, Plaintiff reserves the right to amend/supplement
`this response at the end of discovery.
`Not applicable.
`Plaintiff is presently unable to specify the title, chapter, and section of every statute,
`ordinance, regulation and rule of which the Plaintiff shall ask the Court to take
`Judicial Notice at the time of trial. Plaintiffs shall specify any whether violations of
`any rules, regulations, ordinances, law or statutes is claimed once all discovery and
`depositions are completed as this is an ongoing investigation.
`
`The Defendants, FORTUNA REALTY GROUP LLC and R.C. STRUCTURES
`INC., their respective agents, servants and/or employees, were negligent, careless
`and/or reckless in the ownership, operation, control, management, inspection,
`supervision, maintenance and/or repair of the property, building, premises and/or
`structure known as 25 West 38th street, NY, NY 10018, and/or at the construction
`site located thereat; that the Defendants, their agents, servants and/or employees,
`failed to construct, shore, equip, guard, arrange, operate and conduct the construction
`site so as to give reasonable and adequate protection to the health and safety of
`persons employed at the site; in that they failed to furnish, provide and did fail to
`cause to be furnished and/or erected, scaffolding, ladders, slings, hoists, blocks,
`
`19.
`20.
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`21.
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`DocuSign Envelope ID: ADD257C1-407F-40A6-924B-25CA59A79989
`
`

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`FILED: KINGS COUNTY CLERK 03/21/2023 03:48 PM
`NYSCEF DOC. NO. 38
`
`INDEX NO. 503770/2020
`
`RECEIVED NYSCEF: 03/21/2023
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`braces, irons, ropes and other devices so as to give proper protection to persons
`employed at the aforesaid location, and to the Plaintiff, BRYANT JACKSON, in
`particular; in failing to provide the Plaintiff with the appropriate tools, equipment
`and/or safety devices so that he could properly and safely perform his job; failed to
`provide proper protection to the Plaintiff; failed to provide the Plaintiff with a proper
`hoisting device; failed to utilize a proper hoisting device; caused, permitted, allowed,
`and/or directed the claimant to manually lift, manually carry, unreasonably heavy
`large bundle of metal rebar which weighed approximately 200-300 pounds; in failing
`to provide shore footing while Plaintiff performed his work; failed to furnish, erect
`and/or utilize blocks, braces and/or hoists; failed to properly hoist the load; failed to
`provide the claimant with proper safety devices; and failed to construct, shore, equip,
`arrange, and/or operate the construction site so as to provide reasonable and adequate
`protection and safety; in failing to provide any mechanical means to lift the
`unreasonably heavy large bundle of metal rebar; in failing to properly inspect the
`worksite; in failing to properly clean the worksite; in failing to properly dispose of
`debris; for causing, permitting, or allowing debris to be in Plaintiff’s work area
`thereby causing a dangerous condition; in failing to keep and maintain the aforesaid
`construction site in a good and safe condition; in failing to properly operate the
`construction site and keep and maintain a safe place to work; in failing to have a site
`safety plan; in failing to execute the site safety plan then and there existing; in failing
`to properly train the workers at the construction site, including the Plaintiff herein;
`in failing to properly operate the construction site; in failing to properly coordinate
`the trades; in violating New York State Labor Law §§§200, 240(1) and 241(6); in
`violating the applicable provisions of the New York State Industrial Code; in
`violating the applicable OSHA regulations in such cases made and provided; in
`negligently, carelessly and/or recklessly causing, permitting and/or allowing the
`aforesaid property, premises and/or construction site to be, become and remain in a
`dangerous and/or defective condition; in causing, permitting and/or allowing an
`unsafe and dangerous condition to exist on the premises; in failing to maintain the
`property, premises and/or construction site then and there existing in a good and safe
`condition; in failing to properly warn persons, including the Plaintiff herein, of the
`dangerous and/or defective condition then and there existing; in failing to take proper
`and suitable precautions to prevent the accident herein; in failing to hold proper
`safety meetings and/or tool box meetings; in failing to properly and adequately
`inspect the work site; that they were further negligent, careless and/or reckless in the
`means and/or methods of construction utilized at the construction site; and in failing
`to exercise due diligence and care.
`Plaintiff claims that the Defendants violated the following statutes, rules, regulations
`and/or ordinances:
`New York State Labor Law §200;
`New York State Labor Law §240(1);
`New York State Labor Law §241(6);
`New York State Industrial Code §23-1.5(c)(1)(2) and (3);
`New York State Industrial Code §23-1.7(e)(1) and (2);
`New York State Industrial Code §23-6.1(b);
`New York State Industrial Code §23-6.1(c);
`
`22.
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`DocuSign Envelope ID: ADD257C1-407F-40A6-924B-25CA59A79989
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`

`

`FILED: KINGS COUNTY CLERK 03/21/2023 03:48 PM
`NYSCEF DOC. NO. 38
`
`INDEX NO. 503770/2020
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`RECEIVED NYSCEF: 03/21/2023
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`New York State Industrial Code §23-2.1(b);
`OSHA Regulation §1926.20(f)(1);
`OSHA Regulation §1926.25;
`OSHA Regulation §1926.28(a);
`OSHA Act Section 5(a)(1); and
`National Institute for Occupational Safety and Health Lifting
`Guidelines.
`
`
`Not applicable.
`Plaintiff resides at 700 Herkimer Street, 1A, Brooklyn, NY 11233.
`a. and b. Not applicable.
`
`23.
`24.
`25.
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`PLAINTIFF RESERVES THE RIGHT TO SUPPLEMENT AND/OR AMEND THE
`FOREGOING UP TO AND THROUGH THE TIME OF TRIAL. PLAINTIFF OBJECTS TO
`ANY DEMANDS PERCEIVED TO HAVE NOT BEEN RESPONDED TO HEREIN.
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`Dated: New York, NY
`
`July 29, 2022
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`Yours etc.,
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`________________________________
`S. Masoud Mortazavi, Esq.
`KUBICK & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`32 Broadway, Suite 1514
`New York, New York 10004
`212.684.7541
`MMortazavi@kubicklaw.com
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`TO: TYSON & MENDEZ LLP
`Attorneys for Defendants
`FORTUNA FIFTH AVE LLC
`420 Lexington Avenue, Suite: 2800
`New York, New York 10017
`917.781.4702
`AMaldonado@tysonmendes.com
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`DocuSign Envelope ID: ADD257C1-407F-40A6-924B-25CA59A79989
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`

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`FILED: KINGS COUNTY CLERK 03/21/2023 03:48 PM
`NYSCEF DOC. NO. 38
`
`INDEX NO. 503770/2020
`
`RECEIVED NYSCEF: 03/21/2023
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`ATTORNEY VERIFICATION
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`The undersigned, an attorney duly admitted to practice in the Courts of the State of
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`New York affirms: that the undersigned is the attorney for the Plaintiff in the within action; that the
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`undersigned has read the foregoing VERIFIED BILL OF PARTICULARS and knows the contents
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`thereof; that the same is true to her knowledge, except as to those matters therein stated upon
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`information and belief, and that as to those matters, she believes them to be true. The undersigned
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`further says that the reason this affirmation is made by the undersigned, and not by the Plaintiff is that
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`the undersigned’s offices are located in a County other than where Plaintiff resides.
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`The undersigned affirms that the foregoing statements are true, under the penalties of
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`perjury.
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`S. MASOUD MORTAZAVI, ESQ.
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`Dated: New York, New York
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`July 29, 2022
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`DocuSign Envelope ID: ADD257C1-407F-40A6-924B-25CA59A79989
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`

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`FILED: KINGS COUNTY CLERK 03/21/2023 03:48 PM
`NYSCEF DOC. NO. 38
`
`INDEX NO. 503770/2020
`
`RECEIVED NYSCEF: 03/21/2023
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`Index No.: 28875/2018E
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`
`BRYANT JACKSON,
`
`
`Plaintiff,
`
`
`-against-
`
`
`
`FORTUNA REALTY GROUP LLC
`and R.C. STRUCTURES INC.,
`
`
`Defendant.
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`VERIFIED BILL OF PARTICULARS
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` KUBICK & ASSOCIATES, P.C.
`Attorney for Plaintiff
`32 Broadway
`Suite 1514
`NY, NY 10004
`212.684.7541
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`
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`______________________________________
`By:
`S. MASOUD MORTAZAVI
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`Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts
`of New York State, certifies, that upon information and belief and reasonable inquiry, the
`contentions contained in the annexed document are not frivolous.
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`Dated: July 29, 2022
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`New York, New York
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`Service of a copy of the within
`is hereby admitted.
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`Dated:
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`................................................................................................
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` Attorney(s) for Plaintiff
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`DocuSign Envelope ID: ADD257C1-407F-40A6-924B-25CA59A79989
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