FILED: NEW YORK COUNTY CLERK 09/09/2024 02:40 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 156397/2024
`
`RECEIVED NYSCEF: 09/09/2024
`
`Supreme Court of the State ofNew York
`County of NewYork
`BRYCECLARKE,
`
`ndex No. 156397/2024
`
`Plaintiff,
`
`VERIFIED BILL OF
`PARTICULARS
`
`THECITY OFNEWYORK,POLICEOFFICERVINCENT
`S NAME AL N E
`
`FICTI
`
`I
`
`)
`
`Defendants.
`
`S I RS :
`
`PLEASETAKENOTICE, that
`the Plaintiff,
`to the demandof the Defendants,
`
`by his Attorney, SEANH. ROONEY,
`upon
`Bill of Particulars,
`as and for his Verified
`
`alleges:
`
`The incident
`
`occurred on June 22, 2023 at approximately
`
`7:20AM.
`
`ESQ., responding
`and belief,
`
`information
`
`1.
`
`2.
`
`occurred on Seventh Avenue at or near the intersection
`The incident
`34*Street, NewYork County, NewYork.
`was damaged, suffering
`
`3-4That as result of the foregoing,
`
`Plaintiff
`
`serious
`
`with
`
`and permanent
`
`injuries,
`
`emotional
`
`and psychological
`
`harm, past and future medical expenses
`
`violations
`
`of his civil
`
`and constitutional
`
`rights,
`
`including
`
`loss of liberty
`
`and fear and anxiety over
`
`pending criminal
`
`charges which he knew to be false and unjustified.
`
`Plaintiff
`
`also suffered injury
`
`to her face/head;
`
`suffered
`
`internal
`
`derangement of
`
`the left
`
`shoulder with posttraumatic
`
`effusion;
`
`suffered
`
`pain and restriction
`
`of motion,
`
`left
`
`shoulder;
`
`suffered
`
`internal
`
`derangement of
`
`the left
`
`-1-
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`FILED: NEW YORK COUNTY CLERK 09/09/2024 02:40 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 156397/2024
`
`RECEIVED NYSCEF: 09/09/2024
`
`knee with posttraumatic
`
`effusion;
`
`suffered
`
`patella
`
`contusion,
`
`left
`
`knee; suffered Morel-Lavellee
`
`lesion,
`
`left
`
`knee; suffered tendinosis,
`
`left
`
`knee; suffered pain and restriction
`
`of motion,
`
`left
`
`knee;
`
`suffered
`
`internal
`
`derangement of the cervical
`
`spine with posttraumatic
`
`effusion;
`
`suffered
`
`internal
`
`derangement of
`
`the right
`
`knee with posttraumatic
`
`effusion;
`
`suffered
`
`pain and restriction
`
`of
`
`motion,
`
`right
`
`knee; suffered pain and restriction
`
`of motion,
`
`cervical
`
`spine;
`
`suffered disc bulg and
`
`disc herniaiton
`
`at L5-S1 with impingement;
`
`suffered
`
`internal
`
`derangement of
`
`the lumbar spine;
`
`suffered
`
`pain and restriction
`
`of motion,
`
`lumbar spine;
`
`suffered
`
`internal
`
`derangement of the left
`
`elbow;
`
`suffered
`
`pain and restriction
`
`of motion,
`
`left elbow; suffered
`
`internal
`
`derangement of the
`
`suffered pain and restriction
`
`right
`
`hip;
`
`suffered
`
`right
`
`hip with posttraumatic
`
`effusion;
`
`of motion,
`
`internal
`
`derangement of the right wrist with posttraumatic
`
`effusion;
`
`suffered pain and restriction
`
`of motion,
`
`right wrist;
`
`Plaintiff
`
`will
`
`only make a partial
`
`recovery due to the trauma to the injured
`
`areas
`
`and these
`
`will
`
`be left with permanent weakness and will
`
`become pre-disposed
`
`to
`
`exacerbation
`
`and emissions under the slightest
`
`provocation
`
`of stress.
`
`Damagessought and flowing
`
`here form are both compensatory and
`
`punitive.
`
`5.
`
`and chair
`
`visits
`
`for a period of approximately
`months, with the exception of essential
`of health
`
`was generally
`Following the accident,
`3 weeks and was generally
`the home and for health
`
`the Plaintiff
`
`to bed, couch
`confined
`to home until
`
`3
`
`confined
`
`outside
`
`care.
`
`6-7.
`
`Details
`
`care expenses and other
`
`related
`
`expenses are not available
`
`to the Plaintiff
`
`at
`
`this
`
`time,
`
`have no knowledge of same. Details
`
`of collateral
`
`sources
`
`as all such expenses were paid by the collateral
`for payment of health
`
`source,
`
`and Plaintiff
`
`care
`
`related
`
`treatment and expenses, as available
`pocket" expenses: Plaintiff
`provide a schedule of out of pocket expenses
`
`to date are as follows,
`
`Plaintiffs
`
`incurred the following
`
`will
`
`"out of
`
`-2-
`
`2 of 7
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`

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`FILED: NEW YORK COUNTY CLERK 09/09/2024 02:40 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 156397/2024
`
`RECEIVED NYSCEF: 09/09/2024
`
`8-9.
`
`To be provided to the extent
`
`applicable.
`
`10-12.
`
`as follows:
`
`security
`
`number are
`date of birth and social
`The Plaintiffs'
`name, address,
`Bryce Clarke; 536 W. 111 Street, NewYork, NY10025; December 8, 1990; SSNto be
`provided to the extent
`
`applicable.
`
`13.
`
`14.
`
`15.
`
`16.
`
`17.
`
`18.
`
`19.
`
`20.
`
`Not applicable.
`
`Not applicable.
`
`Not applicable.
`
`To be provided to the extent
`
`applicable.
`
`Not applicable.
`
`Not applicable.
`
`To be provided
`
`to the extent
`
`applicable.
`
`The manner in which the claim arose was when defendant's
`
`vehicle
`
`disregarded a red traffic
`
`signal and was traveling
`
`at an excessive speed, and violently
`
`struck
`
`the
`
`plaintiff
`
`and plaintiff's
`
`bike.
`
`21-22.
`
`The defendants
`
`are guilty of negligence on the premises that
`
`they: operated
`
`the motor vehicles with utter disregard for
`
`the safety of other persons and motorists
`
`using public
`
`street and highways;
`
`in the negligent ownership,
`
`operation and control
`
`of the motor vehicle;
`
`in
`
`disregarding
`
`a red traffic
`
`light;
`
`in failing
`
`to activate
`
`light and sirens or otherwise
`
`give warning to
`
`other
`
`that
`
`they were entering
`
`the intersection
`
`against a red traffic
`
`light;
`
`in failing
`
`to control
`
`traffic
`
`in
`
`the roadway such that defendant's
`
`vehicle
`
`could safely
`
`enter
`
`the intersection
`
`against
`
`the traffic
`
`light;
`
`in failing
`
`to have his attention
`
`before him in the instance;
`
`in failing
`
`to take cognizance of the
`
`character
`
`of the roadway and the vehicles
`
`thereat;
`
`in failing
`
`to apply the brakes of the motor vehicle
`
`properly and in time to avoid the occurrence;
`
`in failing
`
`to properly observe plaintiff's
`
`motorvehicle;
`
`-3-
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`3 of 7
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`FILED: NEW YORK COUNTY CLERK 09/09/2024 02:40 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 156397/2024
`
`RECEIVED NYSCEF: 09/09/2024
`
`in failing
`
`to use proper precaution;
`
`in failing
`
`to have the motor vehicle under proper control;
`
`in
`
`allowing
`
`the motor vehicle to come into contact with that of plaintiff;
`
`in causing and allowing
`
`the
`
`motor vehicle
`
`to be operated at an excessive rate of speed under the circumstances;
`
`in failing
`
`give plaintiff's
`
`notice or warning of the impending occurrence;
`
`in failing
`
`to apply the brakes;
`
`to
`
`in
`
`failing
`
`to sound warning;
`
`in changing lanes in an unsafe manner; in failing
`
`to obey traffic
`
`lights or
`
`traffic
`
`signs;
`
`in failing
`
`to give proper warning to other vehicles;
`
`in failing
`
`to avoid the occurrence
`
`although defendants had opportunity
`
`to do so;
`
`in failing
`
`to use due care in the operation of the
`
`motor vehicle
`
`under the circumstances;
`
`in failing
`
`to properly
`
`instruct
`
`its officers
`
`of proper practices
`
`and procedures; and in failing
`
`to adequately train
`
`its officers.
`
`23.
`
`Police Officer Vincent
`
`J. Fulgieri
`
`and other officers
`
`unknown at this time.
`
`This information
`
`is in the exclusive
`
`possession of the defendants and shall be provided
`
`prior
`
`to the
`
`close of discovery.
`
`24-31.
`
`Not applicable.
`
`This is an improper question for a Bill of Particulars
`time, pursuant
`this
`at
`32.
`to LANGELLAv. D'AGOSTINOSUPERMARKETSINC., 471 NYS2d 454. The Court will
`or ordinances
`notice of any specific
`violated
`state or local
`
`take
`
`laws,
`
`statutes
`
`judicial
`
`applicable
`
`federal,
`
`by Defendants
`
`not hereinbefore
`
`alleged
`
`and will
`
`charge the jury with respect
`
`thereto
`
`at
`
`the time of
`
`trial.
`
`33-37.
`
`38-43.
`
`44-52.
`
`53-58.
`
`59-64.
`
`65-90.
`
`Not applicable.
`
`Not applicable.
`
`Not applicable.
`
`Not applicable.
`
`Not applicable.
`
`Not applicable.
`
`- Noclaim for Defamation.
`
`- Noclaim for Exposure to Lead Paint.
`- No claim for Wrongful Death.
`- No claim for Negligent Emergency Medical Response.
`
`-4-
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`4 of 7
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`FILED: NEW YORK COUNTY CLERK 09/09/2024 02:40 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 156397/2024
`
`RECEIVED NYSCEF: 09/09/2024
`
`Dated:
`
`Brooklyn, N.Y.
`September 9, 2024
`
`Yours,
`etc.
`SEANH. ROONEY,ESQ.
`Attorneys
`for Plaintiff
`Office & P.O. Address
`26 Court Street, Suite 1816
`Brooklyn, N.Y. 11242
`(718) 243-2168
`
`To:
`
`MURIELGOODE-TRUFANT
`Acting Corporation Counsel
`for Defendants
`Attorneys
`THECITY OFNEWYORK
`100 Church Street
`NewYork, NY10007
`LawDept No.: 2024-064277
`
`-5-
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`5 of 7
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`FILED: NEW YORK COUNTY CLERK 09/09/2024 02:40 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 156397/2024
`
`RECEIVED NYSCEF: 09/09/2024
`
`INDIVIDUAL VERIFICATION
`STATEOFNEWYORK )
`COUNTYOFKings
`) s.s.:
`
`the under
`
`1,
`
`igned, being duly sworn, depose an say:
`
`I am
`in the within
`
`action.
`
`the
`
`one of the
`
`Plaintiff(s)
`
`Defendant(s)
`
`AMENDEDCOMPLAINT
`COMPLAINT
`have read the foregoing
`SUPPLEMENTBILL OFPARTICULARS
`BILL OFPARTICULARS
`V
`true to myown knowledge, except as to the matters
`The same is
`And know the contents
`thereof.
`to be
`I believe it
`and as to those matters
`to be alleged on information
`and belief,
`therein
`stated
`The grounds to my belief as to all matters not stated upon myown knowledge are from
`true.
`obtained due to my involvement with this
`case.
`information
`
`Sworn to before meon this
`, 202
`day of
`
`.
`
`NOTARYPUBLIC
`SEANH. RCONEY
`Notary Public - State of NewYork
`No. 02RO5067378
`in Quee C
`Qualified
`Commletion Empires
`
`6 of 7
`
`

`

`FILED: NEW YORK COUNTY CLERK 09/09/2024 02:40 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 156397/2024
`
`RECEIVED NYSCEF: 09/09/2024
`
`SUPREMECOURTOFTHESTATEOFNEWYORK
`COUNTYOFNEWYORK
`BRYCECLARKE,
`
`---------------------------------------------------------------------X
`
`Index No.: 156397/2024
`
`Plaintiff,
`
`-against-
`
`THECITY OFNEWYORK,POLICEOFFICERVINCENT
`J. FULGIERI ANDPOLICEOFFICER"JOHN DOE"
`(FICTITIOUS NAME,REALNAMEUNKNOWN),
`
`Defendants.
`_________________--_---.____-__-__-_--_____________________________Ç
`
`VERIFIED BILL OFPARTICULARS
`
`LAWOFFICEOFSEANH. ROONEY
`Attorneys
`for Plaintiff
`26 Court Street,
`Ste. 1816
`Brooklyn, NewYork 11242
`(718) 243-2168
`
`-6-
`
`7 of 7
`
`