FILED: NEW YORK COUNTY CLERK 07/08/2024 12:52 PM
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`NYSCEF DOC. NO. 34
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`INDEX NO. 158454/2023
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`RECEIVED NYSCEF: 07/08/2024
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`VERIFIED BILL OF
`PARTICULARS AS TO
`DEFENDANT APOLLO
`GLOBAL MANAGEMENT,
`INC.
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`Index No.: 158454/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`----------------------------------------------------------------------x
`ANDREW MEGGS,
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` Plaintiff,
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` -against-
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` 7
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` WEST 57TH STREET REALTY COMPANY, LLC,
`BENCHMARK BUILDERS, LLC, SOLOVIEFF REALTY
`CO. II, L.L.C., SOLOW BUILDING COMPANY II,
`L.L.C., SECOND AVE. SOLOW DEVELOPMENT
`CORP. and APOLLO GLOBAL MANAGEMENT, INC.,
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` Defendants.
`----------------------------------------------------------------------x
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`Plaintiff, by his attorneys, MORGAN LEVINE DOLAN, P.C., responding to the
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`demands of the Defendant APOLLO GLOBAL MANAGEMENT, INC. for a Verified Bill of
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`Particulars, alleges, upon information and belief, as follows:
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`1.
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`Plaintiff ANDREW MEGG’s date of birth is September 6, 1966 and the last four
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`digits of his social security number are 8733. Plaintiff resides at 656 Eastern Parkway, Brooklyn,
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`NY 11213.
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`2.
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`3.
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`The accident occurred on April 29, 2023 at approximately 12:30 a.m.
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`The accident occurred while plaintiff was transporting steel beams in a cart on an
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`uneven floor when the wheels became stuck, the cart tipped and he was struck by the beams that
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`fell 3-4 feet due to gravity.
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`4.
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`Plaintiff, ANDREW MEGGS, sustained the following serious personal injuries:
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`LEFT FOOT
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`LEFT FOOT OPEN REDUCTION INTERNAL FIXATION WITH
`BONE GRAFTING, ORIF UTILIZING A PARAGON PLATE AND
`SCREWS DISTALLY TO THE LEFT HALLUX AND REPAIR OF
`THE EXTENSOR HALLUCIS LONGUS TENDON VIA TUBULAR
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`1 of 9
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`FILED: NEW YORK COUNTY CLERK 07/08/2024 12:52 PM
`FILED:NEW YORK COUNTY CLERK 07/08/2024 12:52 PM
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`NYSCEF DOC. NO. 34
`NYSCEF DOC. NO. 34
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`INDEX NO. 158454/2023
`INDEX NO. 158454/2923
`RECEIVED NYSCEF: 07/08/2024
`RECEIVED NYSCEF: 07/08/2024
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`REVISION, AND FIRST INTERPHALANGEAL JOINT
`REVISION, AND FIRST INTERPHALANGEAL JOINT
`CAPSULOTOMY PERFORMED ON JUNE23, 2023 BY STEVEN
`CAPSULOTOMY PERFORMED ON JUNE 23, 2023 BY STEVEN
`YAGER,D.P.M.
`YAGER, D.P.M.
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`COMMINUTED FRACTURE, LEFT TOE PROXIMAL PHALANX.
`COMMINUTED FRACTURE, LEFT TOE PROXIMAL PHALANX.
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`COMMINUTED DISPLACED INTRA-ARTICULAR DELAYED
`COMMINUTED DISPLACED INTRA-ARTICULAR DELAYED
`UNION FRACTURE OF THE LEFT GREAT TOE, EXTENSOR
`UNION FRACTURE OF THE LEFT GREAT TOE, EXTENSOR
`HALLUCIS LONGUS TENDON TEAR, AND TORN
`HALLUCIS LONGUS TENDON TEAR, AND TORN
`INTERPHALANGEAL JOINT CAPSULE.
`INTERPHALANGEAL JOINT CAPSULE.
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`REMOVAL OF HARDWARE LEFT GREAT TOE, REPAIR OF
`REMOVAL OF HARDWARE LEFT GREAT TOE, REPAIR OF
`HALLUX NONUNION, REPAIR OF FRACTURED HALLUX, AND
`HALLUX NONUNION, REPAIR OF FRACTURED HALLUX, AND
`APPLICATION OF BONE GRAFT PERFORMED ON MARCH22,
`APPLICATION OF BONE GRAFT PERFORMED ON MARCH 22,
`2024 BY STEVEN YAGER,D.P.M.
`2024 BY STEVEN YAGER, D.P.M.
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`LEFT HALLUX NONUNION AND PAINFUL HARDWARE.
`LEFT HALLUX NONUNION AND PAINFUL HARDWARE.
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`EDEMA NOTED AT THE METATARSOPHALANGEALJOINT.
`EDEMA NOTED AT THE METATARSOPHALANGEAL JOINT.
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`NO MOTION AT THE METATARSOPHALANGEALJOINT.
`NO MOTION AT THE METATARSOPHALANGEAL JOINT.
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`LEFT FOOT PAIN AND TENDERNESS.
`LEFT FOOT PAIN AND TENDERNESS.
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`LEFT FOOT SWELLING.
`LEFT FOOT SWELLING.
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`NECESSITY TO AMBULATE WITH CAM BOOT AND
`NECESSITY TO AMBULATE WITH CAM BOOT AND
`CRUTCHES.
`CRUTCHES.
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`LUMBARSPINE
`LUMBAR SPINE
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`L3-4 AND L5-S1 HNP.
`L3-4 AND L5-S1 HNP.
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`ACUTES1 RADICULOPATHY ON THE LEFT.
`ACUTE S1 RADICULOPATHY ON THE LEFT.
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`DECREASED RANGE OF MOTION OF THE LUMBARSPINE.
`DECREASED RANGE OF MOTION OF THE LUMBAR SPINE.
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`LUMBARPAIN AND TENDERNESS.
`LUMBAR PAIN AND TENDERNESS.
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`PAIN, SWELLING, TENDERNESS, LIMITATION OF MOTION,
`PAIN, SWELLING, TENDERNESS, LIMITATION OF MOTION,
`INVOLVING THE SKIN, BONE, CARTILAGE, LIGAMENTS,
`INVOLVING THE SKIN, BONE, CARTILAGE, LIGAMENTS,
`TENDONS, JOINTS, BLOOD VESSELS, NERVOUS SYSTEMS,
`TENDONS, JOINTS, BLOOD VESSELS, NERVOUS SYSTEMS,
`LYMPHATIC SYSTEM AND OTHERTISSUES OF THE
`LYMPHATIC SYSTEM AND OTHER TISSUES OF THE
`AFFECTED AND SURROUNDING AREAS.
`AFFECTED AND SURROUNDING AREAS.
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`2 of 9
`2 of 9
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`FILED: NEW YORK COUNTY CLERK 07/08/2024 12:52 PM
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`NYSCEF DOC. NO. 34
`
`INDEX NO. 158454/2023
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`RECEIVED NYSCEF: 07/08/2024
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`All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and
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`involvements are associated with further soft tissue injuries to the areas traumatically affected,
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`including: surgery, tearing, derangement and damage to the associated muscle groups, ligaments,
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`tendons, cartilage, blood, tissue, epithelial tissue, all concomitant to the specific injuries and
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`related to the specific portions of the body mentioned hereinabove, with resultant scars,
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`hemorrhage, pain, ecchymosis, deformity and disability; stiffness, tenderness, weakness and
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`partial restriction and limitation of motion, pain on motion and loss of use of the abovementioned
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`parts; atrophy, anxiety and mental anguish; all of which have substantially prevented the Plaintiff
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`from enjoying the normal fruits of social activities.
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`The Plaintiff suffered, still suffers, and upon information and belief will continue to
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`suffer pain, discomfort and limited movement of the injured portions of his body, including the
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`adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues.
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`Said injuries are permanent in nature and duration, and were caused, precipitated,
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`aggravated and/or exacerbated by the occurrence herein. That to the extent the above injuries,
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`conditions and/or diagnoses are shown to pre-date the accident, then such injuries, conditions
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`and/or diagnoses were latent and inactive, and as a result of this accident, were activated,
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`accelerated and exacerbated therein.
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`Upon information and belief, all of the above injuries are permanent and continuing in
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`nature, except for objective signs of contusions and abrasions.
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`5.
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`(a)
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`Plaintiff received emergency room treatment on April 29, 2023 at Mount
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`Sinai Hospital, 1468 Madison Avenue, New York, NY 10029.
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`(b-c) Plaintiff was confined to bed and home intermittently.
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`3 of 9
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`FILED: NEW YORK COUNTY CLERK 07/08/2024 12:52 PM
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`NYSCEF DOC. NO. 34
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`INDEX NO. 158454/2023
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`RECEIVED NYSCEF: 07/08/2024
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`6.
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`X-rays were performed at Mount Sinai Hospital, 1468 Madison Avenue, New
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`York, NY 10029 on April 29, 2023 and at Lenox Hill Radiology, 205 Smith Street, Brooklyn,
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`NY 11201 on May 9, 2023. Duly executed authorizations for medical records are annexed to
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`plaintiff’s Response to Combined Demands.
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`7.
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`Plaintiff treated with the following providers:
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`• Steven M. Yager, D.P.M., New York Foot and Ankle Institute, 261
`Jericho Turnpike, Floral Park, NY 11001.
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`• Metro Healthcare Partners, 3500 Nostrand Avenue, Brooklyn, NY 11229.
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`• Sports Spine and Pain Treatment Center, 3675 East Tremont Avenue,
`Bronx, NY 10465.
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`• New Horizon Surgical Center, L.L.C., 680 Broadway, Suite 201, Paterson,
`NJ 07514.
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`• Lenox Hill Radiology, 205 Smith Street, Brooklyn, NY 11201.
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`8.
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`Dates of treatment and written reports are included in plaintiff’s medical records.
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`Duly executed authorizations for medical records are annexed to plaintiff’s Response to
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`Combined Demands.
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`9.
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`Plaintiff is not claiming pre-existing injuries but reserves the right to amend
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`and/or supplement the bill of particulars should information become available.
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`10.
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`(a)
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`Plaintiff was employed with Post Road Iron Works, Inc., 345 West
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`Putnam Avenue, Greenwich, CT 06830.
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`(b)
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`Plaintiff was a Journeyman Ironworker. Plaintiff unloads and stacks iron
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`and steel for lifting.
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`(c)
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`Plaintiff earned approximately $1,100.00 per week.
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`4 of 9
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`FILED: NEW YORK COUNTY CLERK 07/08/2024 12:52 PM
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`NYSCEF DOC. NO. 34
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`INDEX NO. 158454/2023
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`RECEIVED NYSCEF: 07/08/2024
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`(d)
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`Plaintiff remains incapacitated from employment from April 29, 2023.
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`(e)
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`Plaintiff has incurred and continues to incur a loss of earnings at a rate of
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`approximately $1,100.00 per week.
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`11-13. Plaintiff will serve an economic disclosure under separate cover as required by the
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`CPLR.
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`14.
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`Plaintiff has not returned to work.
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`15.
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`Plaintiff incurred the following in special damages:
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`(a) Medicines:
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`included in (b);
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`(b)
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`Physicians’ services: approximately $28,141.99;
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`(c) Hospitalization:
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`included in (b);
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`(d)
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`Nurses’ services:
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`included in (b);
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`16-17. Plaintiff objects to defendant’s demand as being beyond the scope of disclosure
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`mandated by Rule 3043 of the Civil Practice Law and Rules.
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`18.
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`Plaintiff is not claiming property damage.
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`19.
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`(a)
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`The accident occurred in the building located at 9 West 57th Street, New
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`York, NY, more specifically on the 12th Floor.
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`(b)
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`The accident did not occur on a stairway or sidewalk.
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`(c)
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`The dangerous and defective condition consisted of an uneven, dangerous,
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`unsafe and improperly maintained floor, passageway, and/or walkway.
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`(d-e) Plaintiff does not concede that actual notice or constructive notice is a
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`prerequisite to asserting this claim. Actual notice is claimed in that the defendants caused and
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`created the unsafe condition and that in the exercise of reasonable care, defendants, their agents,
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`5 of 9
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`FILED: NEW YORK COUNTY CLERK 07/08/2024 12:52 PM
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`NYSCEF DOC. NO. 34
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`INDEX NO. 158454/2023
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`RECEIVED NYSCEF: 07/08/2024
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`servants and/or employees should have identified same. Moreover, defendants, their agents,
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`servants and/or employees had actual notice of the defective and dangerous conditions existing at
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`the accident site and that had the defendants exercised reasonable care and understood and
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`observed its obligations under the Law, they should have taken notice of the existence of these
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`dangerous conditions and taken appropriate steps to remedy them prior to the occurrence. Actual
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`notice is claimed in that agents of the defendants were present at the accident site during and
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`before the time of the incident and were aware of the dangerous conditions.
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`Constructive notice is claimed in that the defendants, their agents, contractors,
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`subcontractors, servants and/or employees were on the premises on a daily basis, including, but
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`not limited to the day of the subject incident was without limitation barriers, safety devices, and
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`warning signs and as such its agents, servants and/or employees, in the exercise of diligence and
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`due care, should have observed the condition both as it developed and as it existed on the date of
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`the subject incident.
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`(f)
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`Plaintiff is not claiming negligent repairs.
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`20.
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`Plaintiff is not claiming an intentional act or tort.
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`21.
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`Defendants, their agents, servants and/or employees were negligent, reckless and
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`careless in the ownership, operation, repair, control, possession, supervision, direction,
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`construction, inspection, management renovation, rehabilitation and/or alteration of the said
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`premises in that they failed to provide the plaintiff with a safe place to work; failed to provide the
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`plaintiff with a hazard free workplace; failed to provide the plaintiff with proper and approved
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`safety devices so placed, fixed and/or secured so as to afford proper protection to the plaintiff
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`working thereat; violated the applicable provisions of the Labor Law of the State of New York,
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`6 of 9
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`FILED: NEW YORK COUNTY CLERK 07/08/2024 12:52 PM
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`NYSCEF DOC. NO. 34
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`INDEX NO. 158454/2023
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`RECEIVED NYSCEF: 07/08/2024
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`the Industrial Code of the State of New York and the provisions of the Occupational Safety &
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`Health Administration as they pertain to construction; in conducting the work of construction,
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`reconstruction and/or renovation in a careless and reckless manner contrary to law, including, but
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`not limited to, the Labor Law of the State of New York; in causing and/or permitting the
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`premises under construction to be and remain in a dangerous, improper and unlawful condition
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`thereby causing injury to the plaintiff; in furnishing a workplace which was operated, equipped,
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`constructed, arranged and maintained in a manner that was dangerous and hazardous; in failing
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`to support, brace or safeguard the construction materials; in failing to perform ongoing
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`inspections as required by the New York State Industrial Code; in failing to warn those lawfully
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`walking upon same, and more particularly the plaintiff herein, of the subject hazard, trap and
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`nuisance; in negligently and carelessly failing to place guards and/or barricades about the
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`premises in an attempt to avoid the aforesaid accident which was foreseeable due to the defect
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`caused and created by the defendants; in failing to provide proper and essential protection and
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`safeguards to persons lawfully employed and present on said premises, all in violation of
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`applicable laws, statutes and ordinances and in utter disregard of the safety of workmen,
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`including Plaintiff, and being otherwise careless, reckless and negligent in the premises.
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`22.
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`Defendants violated §§200 and 241(6) of the Labor Law of the State of New York
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`and Part 23 of the Industrial Code of the State of New York, including but not limited to §23-1.7,
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`23-1.7(e), 23-1.7(e)(1), 23-1.7(e)(2), and 23-1.28(b).
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`23-24. Plaintiff is not married.
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`25.
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`Plaintiff is not asserting a loss of services claim.
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`7 of 9
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`FILED: NEW YORK COUNTY CLERK 07/08/2024 12:52 PM
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`NYSCEF DOC. NO. 34
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`INDEX NO. 158454/2023
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`RECEIVED NYSCEF: 07/08/2024
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`PLEASE TAKE NOTICE, Plaintiff reserves the right to amend and/or supplement the
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`above responses through and including the time of trial.
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`Dated: New York, New York
`July 8, 2024
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`MORGAN LEVINE DOLAN, P.C.
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`.
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`_______________________________
`By: Duane R. Morgan
`Attorneys for Plaintiff
`18 East 41st Street, 6th Floor
`New York, NY 10017
`(212) 785-5115
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`
`TO: WILSON, ELSER, MOSKOWITZ,
`
`EDELMAN & DICKER LLP
`Attorneys for Defendants
`7 WEST 57TH STREET REALTY
`COMPANY, LLC, SOLOVIEFF
`REALTY CO. II L.L.C., SOLOW
`BUILDING COMPANY II, L.L.C.,
`SECOND AVE. SOLOW DEVELOPMENT CORP.
`150 East 42nd Street
`New York, NY 10017
`(212) 490-3000
`File No.: 16270.00725
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`LEARY BRIDE MERGNER BONGIOVANNI, P.A.
`Attorneys for Defendant
`BENCHMARK BUILDERS, LLC
`7 Ridgedale Avenue
`Cedar Knolls, NJ 07929
`(973) 539-2090
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`TYSON & MENDES, LLP
`Attorneys for Defendant
`APOLLO GLOBAL MANAGEMENT, INC.
`420 Lexington Avenue, Suite 2800
`New York, NY 10017
`(917) 781-4702
`File No.: 24-1140
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`8 of 9
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`FILED: NEW YORK COUNTY CLERK 07/08/2024 12:52 PM
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`NYSCEF DOC. NO. 34
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`INDEX NO. 158454/2023
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`RECEIVED NYSCEF: 07/08/2024
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`VERIFICATION
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`)
`STATE OF NEW YORK
`ss.:
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`COUNTY OF NEW YORK )
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`DUANE R. MORGAN, an attorney duly admitted to practice law in the State of New
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`York, affirms the following under penalty of perjury:
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`I am a member of the law firm MORGAN LEVINE DOLAN, P.C., attorneys for the
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`plaintiff herein.
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`I have read the foregoing BILL OF PARTICULARS AS TO DEFENDANT APOLLO
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`GLOBAL MANAGEMENT, INC. and know the contents thereof, and upon information and
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`belief your affirmant believes the matters therein alleged to be true.
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`The reason this Verification is made by your affirmant and not by plaintiff is that the
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`plaintiff herein resides in a county other than the one in which your affirmant maintains his
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`offices.
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`The source of your affirmant's information and the grounds of his belief are communica-
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`tions, papers, reports and investigations contained in the file.
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`DATED: New York, New York
`July 8, 2024
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`______________________________________
` DUANE R. MORGAN
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`9 of 9
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