FILED: KINGS COUNTY CLERK 10/17/2016 08:24 PM
`FILED: KINGS COUNTY CLERK 10m2016 08:24 PM
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`NYSCEF DOC. NO. 23
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`NYSCEF DOC. NO. 23
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`INDEX NO. 506583/2014
`INDEX NO~ 506583/2014
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`RaCaIVaD VYSCEF: 10/17/2016
`RECEIVED NYSCEF: 10/17/2016
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`EXHIBIT B
`EXHIBIT B
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`FILED: KINGS COUNTY CLERK 10m2016 08:24 PM
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`NYSCEF DOC. NO. 23
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`NYSCEF DOC. NO. 23
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`INDEX NO. 506583/2014
`INDEX NO~ 506583/2014
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`RaCaIVaD VYSCEF: 10/17/2016
`RECEIVED NYSCEF: 10/17/2016
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`EXHIBIT B
`EXHIBIT B
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`Mar. 11. (cid:9)
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`2015 (cid:9)
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`1:20PM (cid:9)
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`No, 3911 (cid:9)
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`P. 3
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
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`(cid:9) X
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`ANTHONY QUINONES,
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`PlaintIfi
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`-against- (cid:9)
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`STARRETT CITY, INC. and GRENADIER REALTY
`CORP.,
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`Defendants.
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`Index No. 506583/2014
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`SUPPLEMENTAL
`VERIFIED RILL
`OF PARTICULARS
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`Plaintiff, ANTHONY QUINONES, by his attorneys, DELL 86 DEAN, PLLC, herein
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`supplements his Verified Bill ofParticulars and respectfully sets forth and allege the following upon
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`information and belief:
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`As to Item 4: The accident occurred at 225 Vandalia Avenue, Brooklyn, County of Kings,
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`State of New York, more specifically, in the stairway area between the 9th and 10th floors.
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`As to Item 10: Please see "4". Objected to as evidentiary in nature and palpably improper
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`for a Bill of Particulars.
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`PLEASE TA10E NOTICE that Plaintiff reserves the right to serve further, supplemental
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`and/or amended Bills of Particular up to the time of trial:
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`Dated: Garden City, New York
`March 11, 2015
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`Yours, et
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`JOSEPH t D
`DELL & I BAN, PLLC
`Attorneys r Plaintiff
`1325 Franldin Avenue, Salle 100
`Garden City, New York 11530
`(516) 880-9700
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`(cid:9)
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`Mar. 11, (cid:9) 2015 (cid:9)
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`1:20PM (cid:9)
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`No. 3911 (cid:9)
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`P. 4
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`BRODY & BRANCH LLP
`Attorneys for Defendants
`STARRETT crry, INC. and
`GRENADIER REALTY CORP.
`205 Lexington Avenue, 4th Floor
`New York, N.Y. 10016
`(212) 679-7007
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`
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`Mar. 11. (cid:9)
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`2015 (cid:9)
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`1:21PM
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`No. 3911 (cid:9)
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`P. (cid:9)
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`5
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`VEMFICA_TION
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`JOSEPH G. DELL, ES Q, an attorney duly admitted to practice before the Courts of the State
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`of New York, affirms the following to be true under the penalties of perjury:
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`I am a member of the firm, DELL & DEAN, PLLC, and &lithe attorney for the Plaintiff in
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`the Within action_
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`I have read the annexed Supplemental Rill of Particulars and know the contents thereof, and
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`the same is true to my knowledge, except those matters therein which are stated to be alleged upon
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`information and belief, and as to those matters I believe them to be true. My belief, as to those
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`matters therein not stated upon knowledge, is based upon facts, records, and other pextinent
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`information contained in my files.
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`The reason this Verification is made by me and not the Plaintiff is that Plaintiff is not
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`presently in the County wherein the attome for th aintiff maintain their offices.
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`Dated: Garden City, New York
`March 11, 2015
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`JOSrPH G_ DELL, ESQ.
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`(cid:9)
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`Mar. 11. (cid:9)
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`2015 (cid:9)
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`1:21PM (cid:9)
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`No. 3911 (cid:9)
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`P. (cid:9)
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`6
`
`Index No. 506583/2014
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OP KINGS
`
`ANTHONY QUINONES,
`
`- against -
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`STARRETT CITY, INC. and GRENADIER REALTY CORP.,
`
`Defendants.
`
`SUPPLEMENTAL 'VERIFIED BILL OP PARTICULARS
`
`DELL & DEAN, PLLC.
`Attorneys for Plainifff
`1325 Pranidin Avenue
`Suite 100
`Garden City, New York 11530
`(516) 880-9700
`Inesimile (516) 880-9707
`
`
`
`
`
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`Oct. 16. 2014 10:09AM (cid:9)
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`No, 6186 (cid:9)
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`P. 2
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`SUPREME COURT OF THE STATE Ot NEW YORK
`COUNTY OF KINGS
`
`ANTHONY QUINONES,
`
`Plaintiff,
`
`-against- (cid:9)
`
`STARRETT CITY, INC. and GRENADIER REALTY
`CORP.,
`
`Defendants.
`
`Index No, 506583/2014
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`VERIFIED BILL OF
`PARTICULARS
`
`Plaintiff, by his attorneys, DELL & DEAN, as and for his Verified Bill of Particulars,
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`hereby states the following, upon information and belief:
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`1. Plaintiff, ANT1IONY, QUINONES, is 42 years of age, having been born on June
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`18, 1972. Plaintiff's social security number is M-XX-3473.
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`2. The accident occurred on August 7, 2011.
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`3. The accident occurred at approximately 10:00 A.M.
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`4. The accident occurred on, the steps and/or staircase of the premises of Defendants,
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`located at 22$ Vandalia Avenue, Brooklyn, County of Kings, City and State of New York.
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`5. Defendants, their agents, servants, employees and/or assigns were negligent in their
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`ownership, operation, maintenance, control, design and construction of the steps and/or staircase
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`of the aforementioned premises in that they constructed said steps and/or staircase from material
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`which has an improper co-efficient of friction, making the steps extremely slippery; in that they
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`failed and omitted to place stair treads on said slippery steps; in that they allowed them to
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`become and remain wet; in that they failed and neglected to warn persons lawfully upon the
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`
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`Oct. 16. 2014 10:09AM (cid:9)
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`No, 6186 (cid:9)
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`P. 3
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`premises, and plaintiff, ANTONY QUINONES, in particular, of the unsafe, hazardous and
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`dangerous condition of said wet, slippery steps and/or staircase; in that they failed and omitted to
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`place a railing along both sides of the steps; in that the railing was not properly anchored and/or
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`securely bolted; in that the steps and/or staircase had inadequate lighting to allow for reasonable
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`vision while ascending or descending the steps and/or staircase; in that they permitted the subject
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`area to become, constitute and remain in a dangerous and defective condition; in that they failed
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`to make proper and reasonable inspections of the subject area; in that they were the owners and
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`possessors of said premises and, as such, had a duty to maintain the subject premises and to keep
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`it free of dangerous and/or defective conditions; in that they failed and omitted to maintain the
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`subject premises in a reasonable, safe and suitable condition, free from defects, dangers and
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`hazards to a person lawfully entitled to be upon said premises; in that they carelessly, negligently
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`and knowingly and for an unreasonable length of time, permitted the aforesaid premises to be
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`and remain in an unsafe, defective and dangerous condition as to constitute a trap, menace and
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`nuisance so as not to permit the safe passage over and along that section of the premises by those
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`persons lawfully entitled to Make use thereof; in that they knew or, by the exercise of reasonable
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`care and caution, could have and should have known that said section of the premises in its
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`condition was likely to and would result in an accident similar to the one involved herein; and in
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`that they failed and omitted to give plaintiff any notice or warning of the dangers then and there
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`existing.
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`6. (cid:9)
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`Not applicable as at the present time there are no other defendants. Plaintiff
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`reserves the right to supplement this response as discovery proceeds.
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`-2-
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`Oct. 16. 2014 10:09AM (cid:9)
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`No, 6186 (cid:9)
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`P. 4
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`7. Actual notice is claimed in that defendant, its agents, servants and/or employees
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`created the defective and dangerous condition, were physically about the premises and/or knew
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`of the defective and dangerous condition. Plaintiff is not presently in possession of all the facts
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`and circumstances surrounding the creation and/or existence of the condition, but reserves the
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`right to supplement this response as discovery proceeds.
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`8. Constructive notice is claimed in that the defective and dangerous condition existed
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`for a long enough period of time that the defendant, its agents, servants, and/or employees knew
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`or should have known of the defective and dangerous condition alleged and that proper
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`inspection of the premises by the defendant, its agents, gervants,. and/or employees could have
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`and would have ressalted in their knowledge of the defective and dangerous condition such they
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`would have had time to remedy it. Plaintiff is not presently in possession of all the facts and
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`circumstances surrounding the creation and/or existence of the condition, but reserves the right to
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`supplement this response as discovery proceeds.
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`9. Not applicable as Plaintiff is not asserting claim for product liability.
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`10. Plaintiff refers defendant to Response #4 and incoiporate same by reference herein.
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`11. Plaintiff refers defendant to Response #9 and incorporate same by reference herein.
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`12. Plaintiff has insufficient information to form a belief as to whether or not
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`defendants breached any express warranties. Plaintiff reserves the right to supplement this
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`response as discovery proceeds.
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`13. Plaintiff has insufficient information to form a belief as to whether or not
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`defendants breached any implied warranties. Plaintiff reserves the right to supplement this
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`response as discovery proceeds.
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`-3-
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`Oct. 16, 2014 10:09AM (cid:9)
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`No. 6186 (cid:9)
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`P. 5
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`14. Plaintiff refers defendant to Response #9 and incorporate same by reference herein.
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`15. Plaintiff refers defendant to Response #9 and incorporate same by reference herein.
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`16. Plaintiff refers defendant to Response #9 and incorporate same by reference herein.
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`17. The following permanent injuries, conditions and symptomatology were caused
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`and/or precipitated by the accident underlying this case as to plaintiff:
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`• Fracture of the right elbow;
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`• Post traumatic arthritis to the right elbow;
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`• Necessity for future surgery to the right elbow;
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`• Deformity of the right elbow;
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`• Swelling of the right elbow;
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`• Bruising of the skin around the right elbow;
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`• Stiffness and clicking of the right elbow;
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`Difficulty flexing right elbow;
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`• Necessity for the use of a splint;
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`• Limited and painful range of motion of the right elbow;
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`• Severe conscious pain and suffering.
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`All of the foregoing injuries caused severe swelling, pain, stiffn.ess, tenderness,
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`wealcness, discomfort and restriction and limitation of motion.
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`The foregoing injuries directly affected the skin, bones, tissues, nerves, blood
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`vessels and joints of the injured parts, produced functional and organic disturbances and
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`symptomatic and radiating pains to and about the adjacent and surrounding areas and restriction
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`and limitation of motion of the affected parts of his body, The plaintiff suffers and continues to
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`-4-
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`Oct. 16, 2014 10:10AM (cid:9)
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`No, 6186
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`suffer pain, discomfort and disability and all the natural and probable consequences of the
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`injuries set forth herein, including psychological overlay and anxiety.
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`All of these injuries resulted in extreme pain, tenderness and discomfort. Upon
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`information and belief; it is believed that the injuries so sustained have weakened those parts of
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`the body and have rendered them more susceptible to future trauma,
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`As a result of the above injuries, plaintiff suffers pain and tenderness, weakness,
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`loss of fenction, loss of strength, limitation and restriction of motion, and pain on motion.
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`Plaintiff was caused to suffer and continues to suffer severe anxiety and severe concern over
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`possible development of further complications due to the injuries.
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`Upon information and belief, these injuries aggravated, activated, and/or
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`precipitated any underlying, hypertrophic, degenerative arthritis, circulatory, arterial, venous,
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`and/or systemic conditions, which were asymptomatic prior to the accident complained of and/or
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`aggravated and exacerbated pre-existing conditions.
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`All of the aforementioned injuries, manifestations, resulting, disabilities, and
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`involvements are associated with further soft tissue injury to the areas traumatically affected,
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`including injury, tearing, derangement, and damage to the associated blood vessels, and blood
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`supply, nerves and nerve tissue, epithelial tissue, soft tissue, all concomitant to the special
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`injuries and related to many portions mentioned hereinabove, with resultant pain, deformity, and
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`disability, stiffness, tenderness, weakness, and partial restriction and limitation of motion and
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`pain on motion and possible loss of the use of the above mentioned parts, atrophy, anxiety, and
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`mental anguish and all have substantially prevented the plaintiff from enjoying the normal fruits
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`of activities (social, educational, and economic),
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`Oct. 16. 2014 10:10AM (cid:9)
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`No. 6186 (cid:9)
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`P. 7
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`Plaintiffs enjoyment of life has been permanently impaired, impeded, and reduced.
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`Plaintiff sustained a shock to his body and nervous system_
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`Upon information and belief, these injuries and their sequel= are
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`permanent, chronic, and lasting in their nature and character with permanent effects of pain, loss
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`of use, loss of motion, disability, loss of proper use, atrophy, pain, anxiety, embarrassment, and
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`mental anguish. Plaintiff reserves the right to prove any and all further consequences arising out
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`of the said injuries up to and at the time of the trial. Upon infomiation and belief, the
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`aforementioned injuries are permanent except those stated as being superficial in nature.
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`18. (cid:9) Plaintiff objects and declines to respond to this demand as it is improper in that it
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`fails to comply with the provisions of CPLR Section 3043(a) and calls for an expert's opinion.
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`19. (cid:9) Plaintiff objects and declines to respond to this demand as it is improper in that it
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`fails to comply with the provisions of CPLIZ Section 3043(a) and calls for an expert's opinion.
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`20. (cid:9) Loss of earnings:
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`(a) Employer: Jewish Association Servicing the Aging, 1201 Pennsylvania
`
`Avenue, Suite 1A, Brooldyn, N.Y. 11239.
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`(b) Plaintiff was incapacitated from his employment for one (1) weelc,
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`(c) Weekly earnings - $447.20;
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`(d) Total amount of loss of earnings - $447.20.
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`21. (cid:9) Studetit: Not applicable.
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`22. (cid:9)
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`(a) Confined to bed - not applicable;
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`(b) Confined to home - one (1) week;
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`23. (cid:9) Plaintiff incurred the following special damages:
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`-6-
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`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
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`Oct. 16. 2014 10:10AM (cid:9)
`
`No. 6186
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`(a) Hospital: (cid:9)
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`To be provided;
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`(b) Physicians (cid:9)
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`To be provided;
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`(c) Nurses: (cid:9)
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`Not applicable;
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`(d) Medical equipment: Not applicable;
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`(e) Medicine: (cid:9)
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`To be provided; if applicable;
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`(f) Other: (cid:9)
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`To be provided, if applicable.
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`24. Plaintiff resides at 225 Vandalia Avenue, Apt. 101-1, Brooklyn, New York 11239.
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`25. Loss of service - Not applicable.
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`26. Plaintiff will ask the Court to take judicial notice of the statutes, regulations, rules,
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`ordinances and any other laws it will be claimed were violated by the defendants.
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`27. Plaintiff refers defendants to Response #9 and incorporate same by reference herein.
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`28. Plaintiff objects to this demand as improper in. a Bill of Particulars and refer the
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`Defendants to Plaintiffs Response to Defendant's Combined Demands previously served_
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`PLEASE TAKE NOTICE that Plaintiffs reserve the right to serve further, supplemental
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`and/pr amended Bills of Particular up to the time of trial,
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`-7-
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`Oct. 16. 2014 10:10AM (cid:9)
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`No, 6186 (cid:9)
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`P. 9
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`Dated: Garden City, New York
`October 15, 2014
`
`TO:
`
`BRODY & BRANCH LLP
`Tanya M. Branch, Esq.
`Attorneys for Defendants
`STARRETT CITY, INC. and
`GRENADIER REALTY COPP.
`205 Lexington Avenue, e Floor
`New York, N.Y. 10016
`(212) 679-7007
`
`JCSEP1 DELL
`DLL & DEAN, PLLC
`Att meys for Plaintiff
`1325 Franklin Avenue, Suite 100
`Garden City, New York 11530
`(516) 880-9700
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`-8-
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`Oct. 16. 2014 10:10AM (cid:9)
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`No, 6186 (cid:9)
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`P. (cid:9)
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`10
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`STATE OF NEW YORK )
`
`COUNTY OF NASSAU )
`
`SS.:
`
`ANGELA DOUGHTY, being duly sworn, deposes and says: that deponent is not
`a. party to the action, is over eighteen (18) years of age and is employed by the Law
`Offices of Dell 8c Dean, PLLC with offices located in Garden City, New York.
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`That on October 16, 2014, deponent served the within VERIFIED BILL OF
`PARTICULARS upon the following addressee(s), by depositing a true copy of same
`enclosed in a postpaid properly addressed wrapper, in an official depository under the
`exclusive care and custody of the United states Postal Service within New York State, at
`the following address(es):
`
`Andrew Bassan, Esq.
`BRODY & BRANCH, LLP
`205 Lexington Avenue, 4th Floor
`New York, New York 10016
`
`Sworn to before me on
`October
`
`!VI
`No ary P bhcW
`HEMH VIAT-I<INS VERRETT
`Notary Public, State of New York
`No. 010\6062643
`QUalified in Queens County
`commission Expires pecan-bet 26, 20 I
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`Oct. 16. (cid:9) 2014 10:10AM
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`No. 6186 (cid:9)
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`P. (cid:9)
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`11
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`Index No. 506583/2014
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF 1(lNGS
`
`ANTHONY QUTNONES,
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`Plaintiff,
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`- against -
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`STARRETT CITY, INC. and GRENADrEk REALTY CORP.,
`
`Defendants.
`
`VERIFIED BILL OF PARTICULARS
`
`DELL & DEAN, PLLC
`Attorneys for Plaintiff
`1325 Franklin Avenue
`Suite 100
`Garden City, New York 11530
`(516) 880-9700
`Facsimile (516) 880-9707
`
`(cid:9)
`
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