FILED: NEW YORK COUNTY CLERK 12/12/2017 01:37 PM
`FILED: NEW ORK COUNTY CLERK 12m2017 01:37 PM
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`NYSCEF DOC. NO.
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`NYSCEF DOC. NO. 139
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`EX NO. 153647/2013
`INDEX NO. 153647/2013
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`« «IVaD VYSCEF: 12/12/2 17
`RECEIVED NYSCEF: 12/12/2017
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`SUPREME COURT OF THE STATE OF NEW YORK-
`COUNTY OF NEW YORK
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`-------—----------—--—--------------——---------—-—------—--------—~—X
`LESLEY YOUNG-PAVIA and RALPH PAVIA,
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`Index No.: 15364712013
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`Plaintiffs,
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`VERIFIED BILL OF
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`FIRST SUPPLEMENTAL
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`~against-
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`ASHFAQ ISHAQ, SUNNY TOURS, LLC,
`MOHAMMAD RUHUL AMIN and
`OLYMPIAN CHARIOTS, INC.,
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`-—------------—-------------—--------------------—-—---------—--—--—~—-X
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`Defendants.
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`- PARTICULARS
`RESPONSIVE TO
`DEMANDS OF
`DEFENDANTS
`MOHAMMAD RUHUL
`AMIN and OLYNIPIAN
`CHARIOTS, INC.
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`The plaintiffs, by and through their attorneys, KRINSKY & MUSUMECI,
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`ESQS., as and for their First Supplemental Verified Bill of Particulars, pursuant to the demands
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`of the defendants, MOHAMMAD RUHUL AMIN and OLYMPIAN CHARIOTS, INC., hereby
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`sets forth and alleges as follows:
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`1.
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`The plaintiffs reside at 75 West End Avenue, in the County, City and State
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`of New York 10023.
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`2.
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`The Plaintiff LESLEY YOUNG~PAVIA was born onm and
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`the plaintiff and plaintiff, RALPH PAVIA was born onW
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`3.
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`Social Security Numbers are improperly demanded and are provided
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`separately.
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`4.
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`The accident herein occurred on Wednesday, February 8, 2012 at
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`approximately 5:50pm.
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`5.
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`The accident herein occurred on Columbus Circle at or near its inter-
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`section with Broadway, in the County, City and State of New York. The defendants” motor
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`vehicles were proceeding eastbound on West 59th Street.
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`FILED: NEW YORK COUNTY CLERK 12/12/2017 01:37 PM
`FILED: NEW ORK COUNTY CLERK 12m2017 01:37 PM
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`NYSC3F DOC. NO.
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`INDEX NO. 153647/2013
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`6.
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`That the aforesaid occurrence was caused wholly and solely by reason of
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`the negligence and carelessness of the defendants, or any of them, their agents, servants and\or
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`employees in the ownership, operation, maintenance, entrustment, management and control of
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`their respective motor vehicles; in that the operators of same propelled said motor vehicles at a
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`high, excessive, dangerous and unlawful rate of speed under the circumstances; in that the
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`operators of same failed to properly direct their motor vehicles' courses and failed to keep said
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`motor vehicles under prOper control causing said motor vehicles to collide with each other and
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`causing the accident as aforehdescribed; in that the defendants failed to heed such traffic control
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`devices and roadway markings which were there and then in place; in that they failed and
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`neglected to keep and maintain a sufficient lookout for the presence and proximity of other
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`motor vehicles in and about the roadway; in that they failed to observe the traffic conditions
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`prevailing and existing at the aforesaid location; in that they failed to see that which there was to
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`be seen in and about the roadway; in that the defendants failed to yield the right of way; ; in that
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`the defendants did change lanes in an unsafe, dangerous and hazardous manner; in that, upon
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`information and belief, the defendants‘ motor vehicles were equipped with defective appliances
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`and/or appurtenances and the defendants failed and neglected to maintain their respective motor
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`vehicles and component parts in a state of good repair, fit and suitable for travel on the roadways
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`and highways; in that the defendants failed to use and exercise due, reasonable and necessary
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`care and prudence and that the defendants did recklessly conduct themselves in the premises all
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`in utter disregard of the rights, safety and well-being of the plaintiff and other persons similarly
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`situated.
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`

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`FILED: NEW YORK COUNTY CLERK 12/12/2017 01:37 PM
`FILED: NEW ORK COUNTY CLERK 12m2017 01:37 PM
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`7.
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`Points of contact: Improper demand for Bill of Particulars; however the
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`right side portion of the motor vehicle operated and owned by defendants MOHAMMAD
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`RUHUL AMIN and OLYMPIAN CHARIOTS, INC., respectively and the front, right side of the
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`motor vehicle operated and owned by defendants ASHFAQ ISHAQ and SUNNY TOURS, LLC,
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`respectively were in contact.
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`8.
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`The defendants failed to obey the applicable rules of the road or statutes of
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`the State of New York governing road and traffic behavior, specifically, Sections 1100, 1101,
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`1110, 1111, 1113, 1114, 1120-1126, 1128~a,1128-1130,1140-1146,1151, llSl-A, 1156,1160,
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`1163, 1164, 1180, 1181, 1190 and 1229 ofthe Vehicle and Traffic Law.
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`9.— 10. Preperty Damage: Not claimed in this action.
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`11.
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`As a result of the accident herein, plaintiff, LESLEY YOUNG-PAVIA,
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`sustained the following personal inj uries:
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`a.
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`Severe Sprain, Strain, Contusion and Derangement of the Right
`Knee; Subchondral Marrow Edema in the Lateral Aspect of the
`femoral Trochlea; Grade 3 / 4 Chondromalacia of the Medial
`Patellar; Chondromalacia in the Lateral Margin of the Lateral Joint
`Compartment with Subchondral Marrow Edema; Focal Signal
`Abnormality in the Medial Meniscus at the Junction between the
`Posterior Horn and Body consistent with Tear; Right Knee Joint
`Effusion; Right Knee Crepitus, and accompanying injuries to the
`surrounding nerves, muscles, blood vessels, ligaments, tendons and
`soft tissue resulting in severe pain in the area of the Right Knee;
`severe pain upon movement of the Right Knee, especially upon
`attempted extension, ambulating, and raising of the Right Knee;
`severe pain; severe restriction of the Right Knee; marked
`tenderness; soreness; sensory impairment and a marked restriction
`and limitation of the fijll, free and normal use and function of the
`area of the Right Knee.
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`

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`FILED: NEW YORK COUNTY CLERK 12/12/2017 01:37 PM
`FILED: NEW YORK COUNTY CLERK 12m2017 01:37 PM
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`All of the aforesaid Right Knee injuries resulted in the following
`surgical procedures: Multiple Corticosteroid Injections and
`Ultrasound Guided Knee Injections. On January 10, 2012 the
`plaintiff underwent Right Knee Arthroscopy; Tri-compartmental
`Synovectomy and Chondroplasty of the Medial and Lateral
`Patellar Facets and Femoral Condyle and on April 25, 2014 the
`plaintiff under—went Isolated Right Patella Femoral Replacement.
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`As a result of Isolated Right Patella Femoral Replacement, additional surgery due
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`to loosening of the patella component; stress reaction in the surrounding patella; erosion of the
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`proximal tibia; or other cause cannot be excluded.
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`Upon information and belief, the plaintiff has sustained a Permanent Loss Of Use
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`Of The Right Knee And A Significant Limitation Of The Use Of The Right Knee, and may in
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`the future incur traumatic arthritis and changes as a result thereof
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`b.
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`Severe Sprain, Strain, Contusion and Derangement of the Left
`Knee; Left Knee Joint Effusion and accompanying injuries to the
`surrounding nerves, muscles, blood vessels, ligaments, tendons and
`soft tissue resulting in severe pain in the area of the Left Knee;
`severe pain upon movement of the Left Knee, especially upon
`attempted extension, ambulating, and raising of the Right Knee;
`severe pain; severe restriction of the Left Knee; marked
`tenderness; soreness; sensory impairment and a marked restriction
`and limitation of the fiill, free and normal use and function of the
`area of the Left Knee.
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`Upon information and belief, the plaintiff has sustained a Permanent Loss Of Use
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`Of The Left Knee And A Significant Limitation Of The Use Of The Left Knee, and may in the
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`future incur traumatic arthritis and changes as a result thereof.
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`INDEX NO. 153647/2013
`FILED: NEW YORK COUNTY CLERK 12/12/2017 01:37 PM
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`0.
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`Severe Sprain, Strain and of the Left Shoulder; Left Shoulder Joint
`Effusion; moderate swelling and accompanying injuries to the
`surrounding nerves, muscles, blood vessels, ligaments, tendons and
`soft tissue resulting in severe pain in the area of the Left Shoulder;
`severe pain upon movement of the Left Shoulder; especially upon
`attempted extension, lifting, carrying and raising of the Left
`Shoulder and Left arm; severe pain; severe restriction of Left
`Shoulder motion; marked tenderness; soreness; sensory
`impairment and a marked restriction and limitation of the full, free
`and normal use and function of the area of the Left Shoulder.
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`Upon information and belief, the plaintiff has sustained a Permanent Loss Of Use
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`Of The Lefi Shoulder And A Significant Limitation Of The Use Of The Left Shoulder and may
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`in the future incur traumatic arthritis and changes as a result thereof.
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`e.
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`Left-sided Head Trauma\Contusion; Left Anterior Mandible
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`Contusion and Tenderness; Concussion; Headaches; Nausea and
`accompanying injuries to the surrounding nerves, muscles, blood
`vessels, ligaments, tendons and soft tissue resulting in severe pain
`in the Jaw, Brain and Head; severe pain upon attempted movement
`of the Jaw and Head; cognitive impairment, anxiety, loss of
`concentration, post—traumatic stress disorder, post-traumatic
`concussion syndrome, gross swelling, instability of the Jaw and
`Head; marked tenderness; soreness; stiffness; sensory impairment
`and a marked restriction and limitation of the full, free and normal
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`use and function of the Jaw, Brain and Central Nervous System.
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`Upon information and belief, the plaintiff has sustained Permanent Injury and
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`Disability to her Jaw, Brain, Head and Central Nervous System and Significant Limitations of
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`the Use of the Jaw, Brain, Head and Central Nervous System.
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`12.
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`Hospital: Plaintiff was confined for surgery at Lenox Hill Hospital, 100
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`East 77th Street, New York, New York 10021 in February, 2013.
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`13.
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`As a result of the accident herein, the plaintiff, LESLEY YOUNG-PAVIA
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`was confined on and off to bed and home for approximately three months except for medical
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`treatment; intermittently to date and continuing. She remains partially disabled to date.
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`

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`FILED: NEW YORK COUNTY CLERK 12/12/2017 01:37 PM
`FILED: NEW YORK COUNTY CLERK 12m2017 01:37 PM
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`NYSCEF DOC. NO. 139
`NYSCEF DOC. NO. 139
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`INDEX NO. 153647/2013
`INDEX N0~ 153647/ 013
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`RnCnIVnD VYSCEF: 12/12/ 017
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`14.
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`Plaintiff was employed at the time of the herein occurrence as a
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`Production Manager for Firvalley Productions Inc., 45 Charles E., Toronto, ON M4Y 139.
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`15.
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`Special damages:
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`a.
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`b.
`0.
`d.
`e.
`f.
`g.
`h.
`i.
`j.
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`Physicians’ Services: Approximately $10,500.00;
`Medical Supplies:
`Approximately: $250.00;
`Nurses Services:
`Only as included in 15d ;
`Hospital Expenses: Approximately $3 0,000.00;
`X-Iay Expenses:
`Only as included in 15d ;
`Chiropractors:
`Only as included in 15g ;
`Physiotherapists:
`Approximately: $9,800.00;
`Drugs:
`Approximately: $250.00;
`Loss Earnings:
`Not applicable;
`Other:
`If any, to be provided.
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`16.
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`Plaintiffs occupation: Production Manager. Firvalley Productions Inc., 45
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`Charles E., Toronto, Canada ON M4Y 189.
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`17.
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`Loss of Earnings:
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`Not claimed.
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`18.
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`19.
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`Inapplicable, the plaintiff was not a student.
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`Improper Bill of Particulars demand. Collateral source authorization
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`provided under separate cover.
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`20.
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`As a result of the accident herein, the plaintiff sustained a serious and
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`I permanent injury as defined in Section 5102(d) ofthe Insurance Law ofthe State ofNew York in
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`that she sustained a Permanent Loss Of Use Of A Body Organ, Member, Function Or System;
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`_ Significant Limitations Of The Use Of Her Bodily Functions; and was disabled for more than 90
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`days out of the first 180 days subsequent to this accident.
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`

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`FILED: NEW YORK COUNTY CLERK 12/12/2017 01:37 PM
`FILED: NE
`YORK COUNTY CLERK 12m2017 01:37 PM
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`NYSCEF DOC. NO. 139
`NYSCEF DOC. No. 139
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`INDEX NO. 153647/2013
`INDEX N0~ 153647/ 013
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`RECEIVED NYSCEF: 12/12/2017
`RnCnIVnD vvsCEF: 12/12/ 017
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`21 — 24.
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`Wrongful Death:
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`Not applicable.
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`PLEASE TAKE FURTHER NOTICE, that the plaintifis reserve the right to
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`prove the filture sequella of each of the items of damages as herein alleged by providing a
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`I
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`supplement to this bill ofparticulars within thirty (30) days prior to the date set for the trial ofthe
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`within action in conformance with the rules of this Court and of the CPLR.
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`Dated: New York, New York
`December 2, 2015
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`Yours, etc.,
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`(for)
`ECI, ESQS, PLLC.
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`LE EY YOUNG-PAVIA
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`and RALPH PAVIA
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`274 Madison Avenue — Suite 402
`New York, New York 10016
`(212) 532—1973
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`TO: BAKER, McEVOY, MORRISSEY
`& MOSKOVI’I‘S, PC
`Attorneys for Defendants
`MOHAMNIAD RUHUL AMIN and
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`OLYMPIAN CHARIOTS, INC.
`1 Metrotech Center, 8')n floor
`Brooklyn, New York 11201
`(212) 857—8230
`File No.: 583677
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`DELANY & O’BRIEN
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`Attorneys for Defendants
`ASHFAQ ISHAQ and
`SUNNY TOURS, LLC,
`80 Broad Street 7 5“1 Floor
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`New York, New York 10004
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`(212) 661-2490
`File No.:
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`

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`1
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`s
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`VERIFICATION
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`55.:
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`INDEX NO. 153647/2013
`FILED: NEW YORK COUNTY CLERK 12/12/2017 01:37 PM
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`FILED: NEW YORK COUNTY CLERK 12m2017 01:37 PM
`INDEX NO- ”3647/2913
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`NYSCEF DOC. NO. 139
`RECEIVED NYSCEF: 12/12/2017
`NYSCEF DOC. NOE. 139
`RfiCfiIVfiD VYSCEF: 12/12/%017
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`the plaintifi'herein; that he\she has read the foregoing FIRST SUPPLEMENTAL BILL OF
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`knowledge, except as to those matters therein stated to be alleged on infomation and belief, and E
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`that as to those matters, deponent believes them to be true.
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`Sworn to before me this
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`2 December 2015.
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`
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`Qfieli led in Kings County
`Commission Expires October 30. 2018
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