FILED: NEW YORK COUNTY CLERK 07/17/2013
`FILED: NEW YORK COUNTY CLERK 07m-
`NYSCI 3F DOC. NO. 13
`NYSCEF DOC. NO. 13
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`IND
`EX 'NO.
`INDEX NO. 150470/2013
`150470/2013;
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` \IYSCI
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` 4.1V «TD
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`07/17/2013?
`RECEIVED NYSCEF: 07/17/2013
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`NYSCEF DOC. NO. 1
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`FAILED: NEW YORK comfy—:FLEiik01mm '
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`INDEX N0. 150470/2013 ‘
`RECEIVED may; 01/17/2013
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`
`JOANNA PEREZ,
`
`—against-
`
`Plaintiff,
`
`Filed: January 17, 2013
`
`INDEX 1210. {3'25 9;; 5/24,“
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`Plaintiff designates New
`York County as the place
`of trial.
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`PEDRO A. DIAZ, DAVID FABRE and KELVIN CASTILLO,
`
`S U M M O N S
`
`Defendants.
`_...._____..__.____.____________,______
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`The basis of venue is
`Plaintiff's residence:
`213 Nagle Avenue- Aptik
`18
`
`New York, New York
`
`To the above named Defendants:
`
`YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
`a copyr of your anSWer on the plaintiff's attorney within 20 days after the service
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`of this summons, exclusive of the day of service of this summons, or within 30
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`days after service of this summons is complete if this summons is not personally
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`delivered to you within the State of New York.
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`In case of your failure to answer this summons, a judgment by default will
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`-
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`be ta ken against yen for an amount in excess of the jurisdiction of all lower courts
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`that would otherwise have jurisdiction, plus interest,
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`together with the costs
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`and disbursements of this action.
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`-
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`To:
`
`Dated: New City, New York'
`January 17, 2013 2::
`.
`ALAN m E GER, E
`Attorney for Plaintiff
`169 S. Main Street #378
`New City, New York 10956—3358
`(345) 362—6477
`PEDRO A. one, 124 Audubon Avenue-Apt. 45—New York, New York 10030
`KELVIN CASTILLO, 601 W. 173rd street-Apt. 26—New York, New York 10032
`DAVID FABRE, 1370 St. Nicholas Avenue—Apt.
`7K—New York, New York 10033
`
`yi‘)
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`S" ‘
`35*-
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`h
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`9-
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`_
`3:?
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`J“
`5‘“
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`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF NEW YORK
`
`_........._.......____....
`
`iOANNA PEREZ
`
`-...._......_......e_........._x
`
`Plaintiff
`
`-against-
`
`Index No_ / 5‘0 5‘ '75 /3-4”3
`
`COMPLAINT
`
`PEDRO A. DIAZ, DAVID FABRE and KELVIN
`CASTI LLO
`
`Defendants
`_____......_......._..________.........x
`
`Plaintiff, complaining of the defendants, respectfuliy alleges as follows:
`
`fig} 1. Plaintiffis a residentof NewYorkCounty, State of New York.
`\ TAU
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`.Upon information and belief at all times herein defendant PEDROA.DIAZowned a cé __ain_2007" /
`._.
`a
`
`
`
`um.meI.23..
`. Toyota automobile bearing New Ygthjcense piate In"6115570
`I
`_‘E/flme W“"i“
`T"931/-..5?”? <3
`{I 3 Upon information and belief at all times herein, defendant PEDRO A. DIAZ operated a certain 2007
`fflF—ne.
`
`afi—FM
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`Toyota automobile bearing New York license plate #TGliSST'O.
`VRK.
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`t ‘ 4. Upon information and belief, at alltimes herein,defendantDAVID FABRE OWned a certain 2007
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`'K
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`ll
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`.J‘
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`Kawasaki motorcycle bearing New York license plate #SIRCS'}.
`
`Oipiggy“.is. Upon information and beiief, atalltimes herein, defendant KELVIN CASTILLO operatedtheaforesaid
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`2007 Kawasaki motorcycle.
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`bk 6. Upon information and belief, at ail times herein, defendant KELVIN CASTILLO operated the aforesaid
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`2007 Kawasaki motorcycle with the express andfor implied permission OF defendant DAVID FABRE.
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`fit , 7. At all times herein. plaintiffJOANNA PEREZwas a passengeron the 2007 Kawasaki motorcycle owned
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`by defendant DAVID FABRE and operated by defendant KELVIN CASTILLO.
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`
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`

`

`
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`8. On November 2, 2012, at about 7:30 P.M-, whiie plaintiffJOANNA PEREZ was riding as a passenger on
`
`the 2007 Kawasaki motorcycle owned by defendant DAVID FABRE and operated by defendant KELVIN
`
`CASTILLOatorabouttheintersectiOnofW.125thstreetand MorningsideAvenue, NewYork New
`QK/ York saidmotorcyciewasinvolvedInacollisionwiththe2007Toyotaownedandoperatedby
`if} 5(th 5W dMMLfl/fi Ami-ti
`.;
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`defendant PED 0A. DI
`
`f;
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`‘
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`.‘
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`I
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`r;
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`A? Defendant PEDDRO A. DlAZ was negligent'In attempting to make a leftturn from the right lane;in
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`makin an unsafe iane change; in failing to yield the right of way to the motorcycle being operated by
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`i\gigendantCASTlLLO; infailingtokeepa properlookout; infailingtowarnofhisvehicle'sapproach, by
` sounding the horn; in negligently coiiiding with the other defendants“ motorcycle; in failing to timely
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`observe the motorcycle being operated by defendant CASHLLO;
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`in failing to avoid coiliding with the
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`other defendants' motorcycle; in failing to obey a traffic control device; and in failing to exercise due
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`caution under the circumstances.
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`Defendants DAVID FABRE and KELVIN CASHLLO were negligent in failing to yield the right of way
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`to the vehicle of defendant PEDRO A. DIAZ; in failing to keep a proper look—out; in making an unsafe lane
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`change; in negligently colliding with the other defendant's vehicle; in failing to avoid the collision with
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`the other defendant's vehicle; in failing to obey a traffic controi device; in failing to timely observe the
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`other defendant's vehicle; in proceeding at an unsafe rate of speed under the circumstances; and in
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`(r @ Mime we wot/em Aer-w ,.
`I,fifiw
`operating said motorcycleinan unsafe manner.
`p/jgAsrflresultofthenegligenceofthe
`fendantsplaintiffJO NAPEREZhasbeencausedto
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`/
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`K
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`.;
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`sustain serious and permanent personal'Injuries; pain and suffering; loss of enjoyment of life;
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`etc.
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`I 11. By reason thereof, plaintiff JOANNA PEREZ has been damaged in an amount in excess of
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` the jurisdiction of all lower courts that would otherwise have jurisdiction.
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`

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`12. One or more of the exceptions contained in CPLR §1602 is applicable to this action.
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`WHEREFORE. piaintiff demands judgment in an amount in excess of the.| jurisdiction of
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`ali lower courts that would otherwise have jurisdiction, plus interests, together with the costs
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`and disbursements of this action.
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`Dated: January 17, 2013
`
`ALAN JAY B NGER, E Q.
`169 5. Main Street #378
`
`New City, New York 10956
`(845) 362—6477
`
`

`

`B—42741
`
`.
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`_______________________________________________________________________X
`
`JOANNA PEREZ,
`
`INDEX NO.: 150470/2013
`
`Plaintiff,
`
`—against-
`
`PEDRO A. DIAZ, DAVID FABRE AND
`KELVIN CASTILLO,
`
`CERTIFICATION
`
`PURSUANT
`
`TO PART 130
`
`Defendants.
`______________________________________________________________________X
`The accompanying papers are served/filed/submitted pursuant to 22NYCRR Section
`1 3 0-1 .1 -a:
`'
`
`Verified Answer to Complaint with Cross-Claim
`Affirmative Defenses
`
`5
`
`
`
`runvcriflrss airs
`Attorneys fds
`PEDROAJMAZ
`
`Office and PO. Address
`36-01 43rd Avenue
`Long Island City, New York 11101
`718-361—1514
`
`NWPFVFFVPFNPFFF
`
`Demand for Verified Bill of Particulars
`Demand for Medical Reports, Records, Bills and Authorizations
`Demand Pursuant to Medicare/Medicaid Statute
`Notice for Discovery and Inspection
`Notice for Discovery and Inspection
`3101(d) Demand for Expert Witness Information
`Demand for Collateral Sources
`Demand for Production of Insurance Agreement
`Notice Pursuant to CPLR 2103(E)
`Notice to Take Deposition upon Oral Examination
`Notice for Physical Examination
`Demand for Statement of Damages
`Demand for Production of Cellular/Portable Telephone Records
`Dated: Long Island City, New York
`May 2, 2013
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`

`

`B42741
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`_______________________________________________________________________X
`
`JOANNA PEREZ,
`
`INDEX NO.: 150470/2013
`
`Plaintiff;
`
`‘
`
`-against-
`
`.
`
`PEDRO A. DIAZ, DAVID FABRE AND
`KELVIN CASTILLO,
`
`VERIFIED ANSWER TO
`
`COMPLAINT WITH
`
`CROSS-CLAIM,
`DEMAND FOR VERIFIED
`BILL OF PARTICULARS
`
`AND VARIOUS DEMANDS
`
`Defendants.
`__________________________________________________________________________X
`
`The defendant PEDRO A. DIAZ by his attorneys, LAW OFFICES OF NANCY L.
`ISSERLIS, answering the complaint herein, alleges upon information and belief as follows:
`
`Denies any knowledge or information sufficient to form a belief as to the
`1.
`allegations contained in the paragraphs marked 1, 4, 5, 6 and 7 of the complaint herein.
`
`Denies each and every allegation set forth in paragraphs marked 2 and 3 of the
`2.
`complaint herein except admits that defendant PEDRO A. DIAZ owned and operated a
`certain 2007 Toyota automobile bearing New York license plate T61 1557C.
`
`Denies any knowledge or information sufficient to form a belief as to the
`3.
`allegations contained in the paragraph marked 8 of the complaint herein except admits
`contact with another motor vehicle.
`
`Deny the allegations contained in the paragraph marked 9 of the complaint
`4.
`herein insofar as the said paragraph refers to the defendant, PEDRO A. DIAZ.
`
`Deny the allegations contained in the paragraph marked 10 of the complaint
`5.
`herein insofar as the said paragraph refers to the defendant, PEDRO A. DIAZ and denies all
`allegations set forth as to plaintiff.
`
`Denies each and every allegation set forth in paragraphs marked 11 and 12 of
`6.
`the complaint herein.
`
`

`

`AS FOR A FIRST SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE
`ENTIRE ACTION, THE DEFENDANT PEDRO A. DIAZ RESPECTFULLY
`ALLEGES UPON INFORMATION AND BELIEF:
`
`If the Plaintiff sustained any injuries and/or damages at the time and place alleged in
`the complaint, the Plaintiff assumed the risk inherent in the activity in which Plaintiff was
`then engaged and further such injuries and/or damages were caused by reason of the culpable
`conduct and/or negligence of the Plaintiff without any negligence on the part of the
`Defendant contributing thereto.
`
`AS FOR A SECOND SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO
`THE ENTIRE ACTION, THE DEFENDANT PEDRO A. DIAZ RESPECTFULLY
`ALLEGES UPON INFORMATION AND BELIEF:
`
`That the said action is barred and precluded by virtue of Article 51, Sections 5101 ,
`5102, 5103 and 5104 of the New York State Insurance Law.
`
`AS FOR A THIRD SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
`TO THE ENTIRE ACTION, THE DEFENDANT PEDRO A. DIAZ
`RESPECTFULLY ALLEGES UPON INFORMATION AND BELIEF:
`
`Plaintiff did not use the seat belts provided, and the injuries claimed to have been
`sustained were caused by the lack of use of the seat belts, and Plaintiff did not avail herself of
`the protective device to mitigate the injuries, and further, by not fastening the available
`automobile seat belts, acted unreasonably and disregarded her own best interests and thus
`contributed to the happening of the injuries.
`
`AS FOR A FOURTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
`TO THE ENTIRE ACTION, THE DEFENDANT PEDRO A. DIAZ
`RESPECTFULLY ALLEGES UPON INFORMATION AND BELIEF:
`
`Upon information and belief, any past or future costs or expenses incurred or to be
`incurred by the Plaintiff for medical care, dental care, custodial care or rehabilitative
`services, loss of earnings or other economic loss, has been or will with reasonable certainty
`be replaced or indemnified in whole or in part from the collateral source as defined in Section
`4545(0) of the'New York Civil Practice Law and Rules.
`If any damages are recoverable
`against the said answering Defendant, the amount of such damages shall be diminished by
`the amount of the funds which Plaintiff has or shall receive from such collateral source.
`
`AS FOR A FIFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE
`ENTIRE ACTION, TI-IE DEFENDANT PEDRO A. DIAZ RESPECTFULLY
`ALLEGES UPON INFORMATION AND BELIEF:
`
`Plaintiff failed to take all reasonable measures to' reduce, mitigate and/or minimize
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`the damages alleged.
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`

`

`AS FOR A SIXTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
`TO THE ENTIRE ACTION, THE DEFENDANT PEDRO A. DIAZ
`RESPECTFULLY ALLEGES UPON INFORMATION AND BELIEF:
`
`Defendant cannot be held liable as Defendant was faced with a sudden emergency
`situation, not of his own doing and/or creation, and therefore, not chargeable with negligence
`and accordingly, the summons and complaint should be dismissed.
`
`AS FOR A SEVENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
`TO THE ENTIRE ACTION, THE DEFENDANT PEDRO A. DIAZ
`RESPECTFULLY ALLEGES UPON INFORMATION AND BELIEF:
`
`In the event that any person or entity liable or claimed to be liable for the injury
`alleged in this action has been given or may hereafter be given a release or covenant not to
`sue, answering Defendant will be entitled to protection under New York General Obligations
`Law 15-108 and the corresponding reduction of any damages that may be determined to be
`due against said Defendant.
`
`AS FOR AN EIGHTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
`TO THE ENTIRE ACTION, THE DEFENDANT PEDRO A. DIAZ RESPECTFULLY
`ALLEGES UPON INFORMATION AND BELIEF:
`
`That Plaintiff is guiity of negligence as a matter of law in that she violated the
`Vehicle and Traffic Law in riding a motorcycle without the proper seating capacity.
`
`AS FOR A NINTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
`TO THE ENTIRE ACTION, THE DEFENDANT PEDRO A. DIAZ RESPECTFULLY
`ALLEGES UPON INFORMATION AND BELIEF:
`
`The Plaintiff is guilty of negligence as a matter of law in that she violated the Vehicle
`and Traffic Law in riding on a motorcycle without wearing a protective helmet.
`
`AS FOR A TENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
`TO THE ENTIRE ACTION, THE DEFENDANT PEDRO A. DIAZ RESPECTFULLY
`ALLEGES UPON INFORMATION AND BELIEF:
`
`The Plaintiff assumed the risk inherent in riding on a motorcycle.
`
`AS FOR AN ELEVENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
`TO THE ENTIRE ACTION, THE DEFENDANT PEDRO A. DIAZ RESPECTFULLY
`ALLEGES UPON INFORMATION AND BELIEF:
`
`The Plaintiff failed to use a protective helmet. As a result her injuries were
`aggravated thereby.
`
`

`

`AS AND FOR A CROSS-CONIPLAINT AGAINST THE CO-DEFENDANTS,
`DAVID FABRE AND KELVIN CASTILLO THE DEFENDANT, PEDRO A. DIAZ,
`UPON INFORMATION AND BELIEF, ALLEGES:
`
`That if the Plaintiff sustained damages as alleged in the complaint through any fault
`other than her own, then such damages were sustained due to the primary and active and sole ,
`fault of the co-defendants, DAVID FABRE AND KELVIN CASTILLO, and the fault, if any,
`of the answering Defendant was secondary and passive only; and if the Plaintiff should
`obtain and/or recover judgment against the answering Defendant, then the co—defendants,
`DAVID FABRE AND KELVIN CASTILLO shall be liable over the answering Defendant
`for the full amount of said judgment or for any part thereof obtained and/or recovered on the
`basis of apportionment of responsibility for the alleged occurrence as found by the Court
`and/or Jury.
`
`Further, by reason, of this action, the said answering Defendant has incurred, and will
`in the future incur, costs and expenses including counsel fees.
`
`WHEREFORE, the Defendant, PEDRO A. DIAZ, demands judgment dismissing
`plaintiffs complaint or, alternatively, judgment over and against the co-defendants DAVID
`FABRE AND KELVIN CASTILLO for the full amount of any judgment obtained and/or
`recovered against the answering Defendant by the Plaintiff or any part of such judgment
`obtained and/or apportionment of responsibility between the Defendants, together with the
`costs, disbursements and expenses of this action, including attorney's fees.
`
`Dated: Long Island City, New York
`May 2, 2013
`
`Yours, etc.
`
`LAW OFFICES OF
`
`NANCY L. IS SERLIS
`
`Attorneys for Defendant
`PEDRO A. DIAZ
`
`Office and PO. Address
`36-01 43rd Avenue
`
`Long Island City, New York 1 1101
`718-361-1514
`
`TO: Alan Jay Binger, Esq.
`Attorneys for Plaintiff
`169 S. Main Street, # 378
`New City, New York 10956-3358
`(845) 362-6477
`
`Kelvin Castillo
`601 w. 173,“d Street, Apt. 26
`New York, New York 10032
`
`

`

`David Fabre
`
`.
`
`1370 St, Nicholas Avenue, Apt. 7K
`New York, New York 10033
`
`

`

`ATTORNEY’S VERIFICATION
`
`' The undersigned, an attorney admitted to practice in the Courts of New York State,
`
`hereby affirms as true under all the penalties of perjury that affnmant is associated With the
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`firm of LAW OFFICES OF NANCY L. ISSERLIS, the attorneys of record for the Defendant
`
`PEDRO A. DIAZ in the within action; that affirmant has read the foregoing ANSWER and
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`knows the contents thereof; that the same is true to affirmant’s own knowledge, except as to
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`the matter therein stated to be alleged upon information and belief, and that as to those
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`matters affirrnant believes them to be true. Affirmant further states that the reason this
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`verification is made by affirrnant and not by Defendant PEDRO A. DIAZ,
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`is because
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`Defendant PEDRO A. DIAZ resides outside the County of affirmant’s office.
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`The grounds of affirmant’s belief as to all matters not stated upon affirmant’s
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`knowledge are as follows: Investigations and information received by affirmant in the course
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`of representing Defendant PEDRO A. DIAZ.
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`Dated: Long Island City, New York
`May 2, 201 3
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`
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`

`

`13-42741
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`_______________________________________________________________________X
`
`JOANNA PEREZ,
`
`Plaintiff,
`
`-against-
`
`PEDRO A. DIAZ, DAVID FABRE AND
`KELVIN CASTILLO,
`
`INDEX NO.: 150470/2013
`
`DEMAND FOR VERIFIED
`BILL OF PARTICULARS
`
`Defendants.
`___________________________________________________________________________X
`PLEASE TAKE NOTICE that the Defendant PEDRO A. DIAZ hereby demands that
`
`Plaintiff serve upon the undersigned within thirty (30) days from the date of service of this
`
`demand, a verified bill of particulars, pursuant to Sections 3042, 3043, 3044 of the Civil
`
`Practice Law and Rules, the following matters:
`
`1. State the date and time of day of the occurrence.
`2. State the exact location of the occurrence.
`3. If the occurrence took place on premises, set forth location therein giving floor
`number and location thereon, so as to be readily identified: if upon a sidewalk or exterior of
`premises, the distance from the curb and building line and other fixed object.
`4. If an automobile accident, state the street or streets including reference to
`intersections, crosswalks, corners, or curbs, where necessary to accurately locate the place;
`and the direction and speed in which each vehicle involved was traveling, immediately
`before and at the time thereof.
`5. State the parts of each vehicle which allegedly came into contact and collision.
`6. An itemized statement stating separately the cost and materials and labor to repair
`or replace and a description of Plaintiff(s)’ automobile stating the make, model, year of
`manufacture and license number. Please attach copies of any repair bills.
`7. If loss of use of a vehicle is claimed, state:
`a) length of time of such loss of use;
`b) Whether a replacement vehicle was hired, and if so;
`c) dates of such hiring;
`d) amounts paid therefore and
`e) amounts reimbursed from replacement vehicle by any entity.
`8. State all the acts and/or omissions constituting the negligence claimed.
`9. State any and all laws, rules, regulations and ordinances that are claimed to be
`either applicable to the occurrence or to have been violated by the Defendant(s).
`'
`10. State the nature, extent, location and duration of each and every alleged injury
`claimed.
`
`

`

`ll. Specify those injuries claimed to be permanent.
`12. Accurately state the length of time confined to bed and the dates thereof.
`13. Accurately state the length of time confined to the house and the dates thereof.
`14. Accurately state the length of time Plaintiff(s) was/were incapacitated from
`household duties or school and the dates thereof.
`15. State name of each and every hospital, clinic and/or other health care facility
`where any medical treatment, consultation and/or examination was rendered and the length
`of time, if any confined there and the dates thereof. If not confined to any hospital, etc. so
`state.
`
`16. State the name and address of each and every physician, chiropractor and/or other
`health care provider who treated the Plaintiff(s) and the dates thereof.
`17. State the name and address of the supplier of any medical supplies and/or
`medicines, including a description of each item.
`18. If loss of services is claimed, set forth the particulars of such claim in detail,
`including the length of time and the dates thereof.
`19. State the age of each Plaintiff and date of birth.
`20. State the following:
`a) Plaintiff(s)’ social security number;
`b) name and address of Plaintiff(s)’ employer at the time of the alleged
`occurrence and at the present time;
`c) Plaintiff(s)’ occupation;
`d) average daily or monthly earnings;
`e) length of time Plaintiff(s) was/were incapacitated from employment, and
`the specific dates thereof, identifying any part-time employment;
`f) if self-employed, state the nature of the self-employment and business
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`address and
`
`g) state the total amount claimed as loss of earnings, both past and future,
`including a detailed statement as to how such lost earnings were computed.
`21. If the Plaintiff(s) was/were a student, give the name and address of the school
`attended at the time of the subject accident, and accurately state the length of time
`incapacitated from attending said school.
`22. State the total amount claimed as special damages for:
`a) physician, chiropractor, physical therapist and/or any other health care
`providers’ services;
`b) x~rays, MRIs or other radiological expenses;
`c) medical supplies;
`cl) medicines;
`e) hospital expenses;
`f) nurses’ services and home health care attendants’ services and
`g) amount and nature of any other special damages claimed.
`23. In reference to the total amounts of special damages set forth in item 21 (a)
`
`through (g):
`
`a) state whether any of said amounts were reimbursed by “no fault” to date
`and/or from any other collateral source such as employers’ insurance, social security,
`workers compensation or employee benefit programs;
`b) if the answer to 23 (a) is in the affirmative, specifically set forth separately
`as to each item, the amount of the reimbursement received and the name and address of the
`
`

`

`insurance company, organization, entity and/or program from whom such reimbursement
`was received. Also state the identifying policy and/or file numbers of each insurance
`company, Organization, entity and/or program and its effective dates.
`0) state separately whether or not Plaintiff(s) has/have made claim for
`reimbursement of lost earnings and/or economic loss to any collateral source which has not
`as yet been paid;
`d) if the answer is in the affirmative, state the name and address of the
`insurance company, organization and/or entity to whom such claim was presented, the date
`of the presentation, the amount claimed and the identifying number of the policy or program;
`e) state whether or not Plaintiff(s) reasonably anticipates making a claim in
`the future for reimbursement of fiiture economic loss;
`f) if the answer is in the affirmative, state the name and address of the
`insurance company, organization and/or entity to whom such claim will be presented, the
`identifying number of the policy or program and the extent of total coverage or benefits
`available to the Plaintiff(s).
`24. State the residence address of the Plaintiff(s).
`25. State in what respect has/have P1aintiff(s) sustained a serious injury as defined in
`the Insurance Law or economic loss greater than basic economic loss as defined in the
`Insurance Law.
`26. State the name and address of any insurance carrier providing first party benefits
`to the Plaintiff(s) and the policy number of said policy under which said coverage is being
`provided.
`27. State the date of each accident that Plaintiff(s) allegedly sustained during the past
`ten (10) years, together with a statement explaining the nature of the accident, the alleged
`injuries, whether Plaintiff(s) received compensation or medical payments from Workers’
`Compensation, No Fault, an employer, an insurer or any other party with respect to same,
`whether Plaintiff(s) initiated litigation with respect to said accident(s) and if so, the name and
`address of the attorneys for the Plaintiff(s) who represented them in said lawsuits.
`
`PLEASE TAKE FURTHER NOTICE that if you fail to furnish the requested bill of
`particulars within the statutory period of THIRTY (30) DAYS, a motion will be made for an
`order dismissing the Complaint, or, in the alternative, precluding the Plaintiff from giving an
`evidence of items for which particulars, though demanded, have not been furnished.
`
`Dated: Long Island City, New York
`May 2, 2013
`
`Yours, etc.
`
`LAW OFFICES OF
`
`NANCY L. ISSERLIS
`Attorneys for Defendant
`PEDRO A. DIAZ
`
`Office and PO. Address
`36-01 43rd Avenue
`Long Island City, New York 11 101
`718-361-1514
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`____________-_____________________-__-..-_-_---_-_.._,-_-..____,___X
`
`JOAN NA PEREZ
`
`Plaintiff
`
`Index No. 1047/13
`
`—against~
`
`.
`
`BILL OF PARTICULARS
`
`PEDRO A. DIAZ, DAVID FABRE and KELVIN
`CASTILLO
`
`Defendants
`______________________-m---_______________________-___________x
`
`Following is the plaintiff's Bill of Particulars in response to the demand of defendant PEDRO A.
`
`DIAZ:
`
`1. The accident occurred on November 2, 2012, at about 7:30 PM.
`
`2. The accident took place at or about the intersection of W. 125th street and Morningside Avenue,
`
`New York, New York.
`
`3. Inapplicable.
`
`4. The motorcycle being operated by defendant KELVIN CASTILLO were proceeding westbound on W.
`
`125th Street. The 2007 Toyota being operated by defendant PEDRO DIAZ was proceeding westbound
`
`on W. 125th Street.
`
`5. The left front of the DIAZ vehicEe came into contact with the right side of the CASTILLO motorcycle.
`
`6. Inapplicable as plaintiff was a passenger on the motorcycle.
`
`7. Inapplicable.
`
`8. Defendant PEDDRO A. DIAZ was negligent in attempting to make a left turn from the right lane; in
`
`making an unsafe lane change; in failing to yietd the right of way to the motorcycle being operated by
`
`defendant CASTILLO; in failing to keep a proper lookout; in failing to warn of his vehicle's approach, by
`
`sounding the horn; in negligently colliding with the other defendants' motorcycle; in failing to timely
`
`

`

`observe the motorcycle being operated by defendant CASTILLO;
`
`in failing to avoid colliding with the
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`other defendants' motorcycle; in failing to obey a traffic control device; and in failing to exercise due
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`caution under the circumstances.
`
`Defendants DAVID FABRE and KELVIN CASTILLO were negligent in failing to yield the right of way
`
`to the vehicle of defendant PEDRO A. DIAZ; in failing to keep a proper look-out; in making an unsafe lane
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`change; in negligently colliding with the other defendant's vehicle; in failing to avoid the collision with
`
`the other defendant's vehicle; in failing to obey a traffic control device; in failing to timely observe the
`
`other defendant's vehicle; in proceeding at an unsafe rate of speed under the circumstances; and in
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`operating said motorcycle in an unsafe manner.
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`9. Defendant DIAZ violated the following sections ofthe Vehicle and Traffic Law: 1163 and 1180
`
`10. To the extent presently known, plaintiff sustained the following injuries:
`
`A. TRABECULAR FRACTURE OF TEH POSTEROLATERAL ASPECT
`OF THE TALUS INVOLVING THE ADJACENT INTRARTICULAR CARTILAGE
`
`OF THE LEFT ANKLE
`B. FRACTURE OF LEFT ANKLE
`
`C. TRAUMATIC ARTHRITIS TO LEFI' ANKLE
`
`D. PARTIAL TEARS 0F TEH ANTERIOR AND POSTERIOR INFERIOR TALO-
`
`FIBULAR LIGAM ENTS AS WELL AS THE PERON EAL TENDONS AND FLEXOR
`DIGITORUM LONGUS TENDON OF THE LEFT ANKLE
`
`INTERNAL DERANGEMENT OF LEFT ANKLE
`E.
`F. CENTRAL TO PREDOMINANTLY RIGHT PARACENTRAL DISC HERNIATION
`
`AT L4-5 OF THE LUMBAR SPINE
`
`G. CENTRAL TO PREDOMINANTL‘I RIGHT PARACENTRAL DISC HERNIATION
`AT L—Sl OF THE LUMBO—SACRAL SPINE
`H. LUMBOSACRAL RADICULOPATHY
`
`I. INTERNAL DERANGEMENT OF THE LUMBO-SACRAL SPINE
`
`J. PAIN AN DLIMITATION AND RESTRICTION OF MOTION OF LEFT ANKLE,
`BACK AND LEGS
`
`K. DIFFECULTY AND RESTRICTIONIN ABILITY TO WALK, RUN, STAND, JUMP,
`CLIMB, BEND, LIFT AND CARRY OBJECTS
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`11. All of the foregoing injuries are permanent.
`
`12. Plaintiff was not confined to bed.
`
`

`

`13. Plaintiff was confined to home for about one week.
`
`14.
`
`inapplicable.
`
`15. Plaintiff was treated in the Emergency Room at New York—Presbyterian Hospital, 622 W. 168th
`
`Street, New York, New York.
`
`16. Plaintiff has been under the care and treatment of Electrodiagnostics & Physical Medicine, P.C.A(Dr.
`
`David Capiola, Dr. Orsuville Cabatu, Dr. Anson Moise, etal.), 5822 Broadway, Bronx, New York.
`
`17.
`
`inapplicable.
`
`18.
`
`inapplicable.
`
`19. Plaintiff's date of birth is February 10, 1989.
`
`20. Plaintiff's Social Security it is 05536—2552.
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`Plaintiff was employed by the ASPCA, 424 East 92nd Street, New York, New York as a client service
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`representative at a salary of $12.50 for about 15 hours a week.
`
`21. Plaintiff was a student at Baruch College, Bernard Baruch Way, New York, New York. She graduated
`
`in December, 2012 with a degree in Business Administration.
`
`22. Following are the plaintiff's special damages:
`
`Ambulance: $1,200 (approx)
`
`Hospital: $1,500 (approx.)
`
`Physicians: $3,000 (estimate)
`
`Physical therapy: $3,000 (estimate)
`
`MRl's: $2,600 (approx.)
`
`23. Plaintiff did not have No Fault coverage as she was a passenger on a motorcycle.
`
`24. PlaintiffJOANNA PEREZ resides at 213 Nagle avenue—Apt. #18-New York, New York, 10034.
`
`25. The no Fault serious injury is inapplicable as plaintiff was a passenger on a motorcycle.
`
`26.
`
`inapplicable as plaintiff did not receive any No Fault benefits.
`
`

`

`27. Inapplicable.
`
`Dated: May 6, 2013
`
`ALAN JAY BINGER, ESQ.
`169 S. Main Street #378
`
`New City, New York 10956
`
`(845) 362—6477
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`Index No.
`
`1047/2013
`
`JOANNA PEREZ,
`
`Plaintiff,
`
`—against—
`
`PEDRO A. DIAZ, DAVID FABRE and KELVIN CASTILLO,
`
`Defendants.
`
`BILL OF PARTICULARS
`
`ALAN JAE BINGER, ESQ.
`Attorney for Plaintiff(s)
`Office and Post Office Address and Telephone
`169 S. Main Street #378
`
`New City, New York 10956w3358
`(845) 362—6477
`
`Pursuant to NYCRR 130—1.l, the undersigned, an attorney duly admitted.to practice
`law in the State of New York, certifies that, upon information and belief,
`and based upon reasonable inquiry,
`the contentions contained in the
`annexed document are not frivolous.
`
`Dated: May 6, 2013
`
`Signature:
`
`Dated,
`
`Attorney£s ) for
`
`Please take notice
`
`] NOTICE OF ENTRY
`E
`that the within is a (certified) true copy of
`duly entered in the office of the clerk of the within named court on_
`
`]
`
`NOTICE OF SETTLEMENT
`I
`, of which the within is a true copy will be presentafl
`that
`for settlement to the HON.
`, one of the judges of the
`within named court, at 60 Centre Street, New York, New York on
`
`Dated: New City, New York
`
`Yours, etc.,
`
`ALAN JAY BINGER, ESQ.
`
`

`

`FILED: NEW YORK COUNTY CLERK 05 2013
`NYSCEF DOC. NO.
`5
`
`t???
`
`INDEX NO- 150470/2013
`RECEIVED NYSCEF: 05/14/2013
`
`Supreme Court ofthe State ofNewYork
`New York County Courthouse
`
`/
`
`(9'7
`
`pp/
`
`v;
`
`80 Centre Street
`
`New York, New York 10013
`
`DIFFERENTIATED CASE MANAGEMENT PROGRAM
`
`PRESENT: HON. Arlene P. Bluth
`
`To: ADAMS HANSON REGO CARLlN/
`ONE EXECUTIVE BLVD, STE 280
`YONKERS, NY
`10701
`
`(For Defendant)
`
`
`
`PEREZ, JOANNA
`
`PLAINTIFF
`
`V
`
`
`
`DLAZ, PEDRO A. DEFENDANT
`
`PART 22-DCM
`
`May 14, 2013
`
`Index # 015047012013
`
`CASE SCHEDULING ORDER
`
`A request for a preliminary conference having been filed or the court having taken action on its own initiative,
`
`IT IS HEREBY ORDERED that this case is assigned to the Motor Vehicle Part, having been designated
`as 21 Motor Vehicle action and disclosure not already fiunished shall proceed in accordance with the deadlines set
`forth below. If this has been designated a Motor Vehicle action in error, the parties are to notifi the Case
`Management Coordinator immediately. Harold Snipe Case Management Coordinator, may be contacted
`at the Case Management Office (by phone at 6416-3863682, fax at 212-374—1842 , or e-mail at
`hsnipe@courts.state.ny.us) . The parties shall not in the first instance contact the Justice assigned.
`
`NONE OF THE DATES IN THE ORDER MAY BE EXTENDED WITHOUT ADVANCE
`APPROVAL BY THE COURT. All requests for extensions shall be directed to the Case Management Office
`in the first instance.
`
`(1) Mandatog Notification: The attorney who receives a copy of this Order shall, within ten days from
`receipt, transmit a copy to counsel for all parties who have appeared in the case and to all self-represented
`litigants and shall, by May 28, 2013, file with the “County Clerk an original affidavit of service or a letter
`setting forth dates the parties were served. In the event the above action has been Electronically Filed
`(E—Filed) the original afiidavit or letter shall be electronically filed.
`
`(2) Insurance Information: All parties shall exchange insurance and coverage information by June 25 , 2013.
`
`(3) Bill of Particulars: A demand shall be served by June 11,2013. A bill(s) shall be served by June 25, 2013.
`
`(4) Authorizations: Authorizations for HIPAA compliant medical records and for employment records for tWO
`years prior to the accident shall be served by June 11, 2013.
`
`1 This is a conformed