FILED: KINGS COUNTY CLERK 03/19/ :53 PM INDEX NO /2013 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 03/19/2018

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2 N8%' SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -- --X DELORES BRANNIGAN and DALE BRANN1GAN, Index No.: /2013 Plaintiffs, RESPONSE TO -against- DEMAND FOR A VERIFIED BILL OF NEW YORK CITY HOUSING AUTHORITY, PARTICULARS Defendant.»»»»»»»» »» »»»»»»o»»»»»»»»»»»»»«q»»»»»»»»»»»»»e»»»»». we)( Plaintiff, through her attorneys, PASTERNACK TILKER NAPOLI BERN, LLP complaining of the defendant herein, respectfully states and alleges, upon information and belief, the following: 1. The date and approximate time of occurrence was 8/13/2012 at approximately 11:15am, 7* 2. The location of occurrence was On the Floor elevator at the LAFAYETTE GARDENS PROJECTS, 411 Lafayette Avenue, Brooklyn, NY 3. Due to the aforementioned occurrence and the results thereof, including the injuries sustained by the plaintiff, were caused by and due to the negligence of the defendants, NEW YORK CITY HOUSING AUTHORITY, their agents, servants, employees and/or licensees in causing, permitting and allowing the aforesaid elevator and elevator doors in the lobby of the aforesaid location to be, become and remain in a dangerous, defective, hazardous and trap-like condition; in failing to inspect and repair the aforesaid elevator, elevator hatchway doors and all its relevant parts; in. failing to maintain the aforesaid elevator; in failing to adequately and properly repair and inspect the aforesaid elevator; in carelessly, recklessly and negligently maintaining, managing, controlling and supervising the aforesaid elevator; in failing to provide adequate warnings of the dangerous and/or defective condition existing on the aforesaid elevator; in causing, permitting and allowing the aforesaid elevator doors to malfunction at said location suddenly and uncontrollably without warning; in failing to shut down, shut off or place out of service the elevator located at the aforesaid premises until such time as proper repairs and proper functioning of the elevator and elevator doors was restored; in failing to render non-operational the aforesaid elevator and elevator doors until adequate repairs were performed and proper function was restored; in failing to post signs, warnings or cautions or

3 otherwise warn persons and particularly the plaintiff herein of the unsafe condition existing on the aforesaid elevator and elevator doors; in causing, permitting and allowing the dangerous, hazardous, defective and trap-like condition existing at the aforesaid elevator at said location to exist for a period of time that the defendants knew or should have known thereof; in failing to take adequate and proper safety measures and precautions for all those lawfully using said elevator and the plaintiff in particular; and in failing to provide a safe elevator for use by the general public and the plaintiff in particular; in failing to perform regular, adequate inspections, servicing, preventive maintenance of the aforesaid elevator and elevator doors at the aforesaid premises; in failing to hire knowledgeable personnel to perform proper inspection, maintenance and repairs of the aforesaid elevator and relevant parts, including the elevator doors at the aforesaid premises; in failing to respond to service calls for the subject elevator that would have uncovered the defective conditions of the subject hatchway doors; in failing to have properly trained, skilled and knowledgeable personnel to perform the inspections, maintenance and repairs of the aforesaid elevator and elevator doors at the premises located at the LAFAYETTE GARDENS PROJECTS, 411 Lafayette Avenue, Brooklyn, New York; in failing to meet all of the New York City and New York State requirements for the periodic inspection and reporting of elevator inspections; in allowing and permitting the subject elevator and elevator doors to remain in operation although they were in violation of the applicable New York City and New York State building codes; and in failing to provide and or maintain an adequate number of elevator service personnel so as to provide proper and adequate service call response to the elevator service area wherein the subject elevator was located; in failing to report, request aud/or summon the elevator service company to perform inspection and repair of the damaged elevator door at the subject premises after adequate notice of the defective condition of the elevator door was given; in failing to take preventive measures to ensure that all persons lawfully undertaking to use the elevator at the subject premises were adequately protected from the known defective condition of the subject elevator doors. Plaintiff also pleads the doctrine of Res Ipsa Loquitor against the defendants with respect to the incident that occurred on the date of the accident. 4. Objection to defendants demand for the exact defect that caused the occurrence and the manner for which the defendant was negligent as being evidentiary in nature and outside the scope of the bill of particulars. 5. Not applicable. No dangerous activity alleged 6. Actual Notice is claimed in that the defendant NEW YORK CITY HOUSING its servants and/or was aware of prior problems AUTHORITY, by agents, employees,

4 with the lobby elevator doors by virtue of prior violations, accidents and claims made against them; by causing, allowing and permitting and/or creating the aforesaid trap like and dangerous condition, did in fact observe same, had knowledge of same, and allowed and permitted same to continue unabated for an unreasonable length of time. It is plaintiffs' position that this was a created and recurring condition, 7. Constructive Notice is claimed in that said condition was maintained, permitted and allowed to continue for such a length of time and that the defendant, its agents, servants and/or employees, in the exercise of reasonable care, would know, or should have known, that said condition existed. The period of time said condition existed prior to the accident is within the sole knowledge of defendants and the time or times and manner conveyed are presently unknown but will be the subject of and provided after completion of pre-trial discovery. However it is plaintiffs' position that this was a created and reaming condition. 8. The person or persons to whom notice was given and the time or times and manner conveyed are presently unknown but will be the subject of and provided after completion of pre-trial discovery. Plaintiff reserves the right to further respond to this demand upon completion of further discovery proceedings and depositions. a. The period of time said condition existed prior to the accident is within the sole knowledge of defendants and the time or times and manner conveyed are presently unknown but will be the subject of and provided after completion of pre-trial discovery. Plaintiff reserves the right to further respond to this demand upon completion of further discovery proceedings and depositions. 9. Presently unknown but will be the subject of and provided after completion of pretrial discovery. Plaintiff reserves the right to further respond to this demand upon completion of further discovery proceedings and depositions. 10. lt is alleged that New York City Housing Authority caused the condition by failing to maintain the elevator in a condition that meets New York City Code standards. 11. See 8 and 10 above 12. Not Applicable â No foreign. substance claimed 13. Objection to defendants demand for the exact manner that New York" ity Housing Authority was negligent and caused the occurrence as being evidentiary in nature and outside the scope of the bill of particulars. 14. Due to the above referenced occurrence plaintiff has suffered the following injuries 1 MGIIT AÃlKE TRUAMA Thickening and abnormal signal within the medial band and plantar fascia

5 Plantar fasciitis PARTIAL TEAR OF THE PROXIMAL THIRD OF THE PLANTAR FASCIA PARTIAL ACHILLES TEAR Loss of range of motion Inability to stand for any period of time Nerve damage Swelling of foot Difficulty walking As a result of the above injuries, plaintiff has been required to have visits/treatments with various medical providers and will continue same into the future thereby incurring the costs of same. As a result of the above injuries, plaintiff has been required to attend an extensive course of physical therapy and/or rehabilitation and will continue same into the future thereby incurring the costs of same. As a result of the above injuries, plaintiff has been required to ingest medications and will continue to do so in the future, incurring the costs of same. As a result of the above injuries, plaintiff has suffered and will continue to suffer loss of enjoyment of life. All of the above injuries are claimed to be permanent and progressive and are accompanied by pain, tenderness, swelling and limitation of motion of the injured areas with damage and injury to nerves, tendons, muscles, ligaments, soft parts and blood supply and loss of use of motion of those functions dependant upon the damaged and injured areas. Plaintiff s injuries are progressive in nature and, therefore, plaintiff reserves the right to prove all sequelae of the above-enumerated injuries and amend and/or otherwise supplement this response prior to the trial of this action. 15. Upon information and belief, all of the aforementioned injuries and/or the results or effects of same are of a permanent and lasting nature, and plaintiff reserves the right to prove any further injuries, as they are learned, resulting disabilities and special damages which may arise out of the happening of this occurrence, and'in such event, plaintiff will furnish defendant with a supplemental bill of particulars at least 10 days prior to the date of trial. Plaintiff further reserves the right upon the trial of this action, to prove the permanence of any injuries alleged above or natural sequelae resulting therefrom. All of the above injuries are permanent in nature and duration, and were caused, precipitated, aggravated and/or exacerbated by the aforementioned occurrence.

6 16. Dates and time plaintiff has been disabled. Plaintiff has been fully disabled form the date of accident until the present intermittently and continuing. I7. The nature of the significant disfigurement is loss of form in the area of Plaintiff's right ankle. 18. Plaintiff did not have any fractures. I9. Permanent limitation of a body functions related to use of her lower right leg, ankle and foot. Plaintiff is limited in all activities that require the use of these areas of her body. 20. Plaintiff has been confined to her home since the date of the accident intermittently and continuing. With the exception of visiting medical providers. 21. Plaintiff was not confined to the hospital. 22. Plaintiff was incapacitated from work form the date of accident until the present. 23, Names and addresses of employers NY Health Care 6715 Bay Parkway Brooklyn, NY a. Wages - Approximately $360 per week b. Description - Home Health Aid 24. Lost earnings are claimed in the amount of approximately $360 per week, form the time of incident until the present. Resulting in a total loss in excess of $16, Statutes claimed to be violated. The specific statutes, ordinances, rules and regulations violated by the defendants, including the Doctrine of Res Ipsa Loquitur, of which this Court will take Judicial Notice at the time of the trial of this action, will be furnished upon completion of further discovery proceedings. 26. Plaintiff's residence and post office address is 326 Autumn Avenue, Apt 3C Brooklyn, NY Plaintiff's date of birth is 1/13/ Plaintiff social will be provided at deposition. 29. Medical treatment providersâ

7 DOWNSTATE Foot and Anlde Podiatry 443 Linden Blvd Brooklyn, NY Atlantic Radiology imaging. P.C. 105 Kings Highway Brooklyn, NY First Class Physical Therapy Services of NY, P.C. 4* 81 Willoughby Street, Floor Brooklyn, NY Special damages a. Hospital $50,000 Approximate and Continuous b. Medical $100,000 Approximate and Continuous c. X-rays $10,000 Approximate and Continuous d. Nurses $10,000 Approximate and Continuous e. Medicines $5,000 Approximate and Continuous f. Medical supplies $5,000 Approximate and Continuous g. Other medical expenses $5,000 Approximate and Continuous 31. Plaintiff does not have any prior injuries related to present injuries. 32. The accident was not reported to the New York City Housing Authority. 33. Not applicable. Not a trip and fall accident. 34. Maintenance negligence a. Elevator maintenance - 1t is alleged that New York City Housing Authority caused the condition by failing to maintain the elevator in a condition that meets New York City Code standards. b. On the 7th Floor elevator at the LAFAYETTE GARDENS PROJECTS, 411 Lafayette Avenue, Brooklyn, NY. c. Objection to defendants demand for the exact manner that New York City Housing Authority was negligent and caused the occurrence as being evidentiary in nature and outside the scope of the bill of particulars. d. The person or persons to whom notice was given and the time or times and manner conveyed are presently unknown but will be the subject of and provided after completion of pre-trial discovery. Plaintiff reserves the right to further respond to this demand upon completion of further discovery proceedings and depositions.

8 35. Loss of companionship, services, society and consortium are claimed by her husband Dale Brannigan. The claim is beginning from the time of the incident and continues until the present. 36. See above #35. Dale Brannigan has been legally married to Deloris Brannigan from the time of the incident until the present. Plaintiff reserves the right to amend or supplement this bill of information may become available prior to the time of trial. particulars as such Dated: New York, NY July 17, 2013 PASTERNACK TILKER NAPOLI BERN, LLP 1 Ñicholas Benedetto Attorneys for Plaintiffs 350 Fifth Avenue-Suite 7413 New York, New York (212) TO: HERZFELD & RUB1N, P.C. Attorneys for Defendant NEW YORK CITY HOUSING AUTHORITY 125 Broad Street New York, NY (212)

9 AFFIDAVIT OF SERVICE STATE OF NEW YORK } COUNTY OF NEW YORK } } I, Nicholas Benedetto, being duly sworn, depose and say: I am not a party to the action, am over 18 years of age and reside at Brooklyn, New York; That on the day of July, 2013, I served the within Response to Demand for a Bill of Particulars upon the attorneys for the defendants by depositing a true copy of the same securely enclosed in a post-paid wrapper and delivering same to our mail clerk, who in turn in the ordinary course of business, brought it to the mail room and then mailed same by delivering it in an official depository under the exclusive care and custody of the United States Post Office Department within the State of New York, directed to same attorney as follows: HERZFELD & RUBIN, P.C. NEW YORK CITY HOUSING AUTHORITY 125 Broad Street New York, NY (212) Sw rn to before me this 22 ay of July 013 Nicholas Benedetto I' f NOTAfY PUBLIC c.ianass *hmos ase sea 4~m