FILED: NASSAU COUNTY CLERK 03/08/ :35 PM INDEX NO /2016 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 03/08/2017

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X RON BEN-JOSEF and MERAV BEN-JOSEF, Action No. 1 Index No.: /16 Plaintiffs, VERIFIED BILL -against- OF PARTICULARS JIANJUN LI and CHIXIN FANG, Defendants X JIANJUN LI and CHIXIN FANG, Action No. 2 Index No /16 Plaintiffs, -against- MERAV BEN-JOSEF, RON BEN JOSEF, VILLAGE OF SADDLE ROCK, DAN LEVY, METROPOLITAN FURNITURE AND CONSTRUCTION CORP., and DAN BENSHAR, Defendants X PLEASE TAKE NOTICE, that Plaintiffs Ron Ben-Josef and Merav Ben-Josef, by their attorneys, Goldberg Rimberg & Weg PLLC, respond to Jian Jun Li and Chixin Fang s Demand for a Verified Bill of Particulars, as follows 1. The alleged negligence was first observed in October, Plaintiffs specifically reserve their right to amend this response in the event they are further able to narrow the date and time. 2. The alleged negligence occurred adjacent to the property line between 106 Gristmill Lane, Great Neck, New York and 120 Bayport Lane, Great Neck, New York on Defendants side of such property line. 1 of 6

2 3. The Defendants were negligent in failing to adequately support the earth, structures and/or improvements on the Defendants property, causing the earth, structures and/or improvements on Defendants property to encroach on the Plaintiff s property, in causing the earth, structures and/or improvements on Plaintiff s property to shift, in causing tilting of the retaining wall between on Defendants properties to be undermined, in causing severe cracking on said wall, in causing water to runoff onto Plaintiffs property, in failing to provide structural stability for the Defendants property and the improvements thereon, in causing water to accumulate within the earth being retained by the retaining wall, in failing to provide for adequate drainage on the Defendants property, in failing to properly shore the Defendants property and/or earth on Defendants property, in failing to properly design the retaining wall, in failing to properly maintain the retaining wall, in failing to inspect the retaining wall, in failing to repair the retaining wall, in failing to provide proper upkeep for the retaining wall, in failing to properly construct the retaining wall, in failing to properly design the Defendants property, in failing to properly maintain the Defendants property, in failing to inspect the Defendants property, in failing to repair the Defendants property, in failing to provide proper upkeep for the Defendants property, in failing to properly construct the Defendants property, and the probability that the negligence of the Defendants has produced a void and/or very loose earth and soil behind the retaining wall which puts the Plaintiffs property in further danger of damage. 4. Plaintiffs will rely on all statutes, ordinances, regulations and rules that the Honorable Court will take judicial notice of. 5. Plaintiff objects to this demand to the extent it is inappropriate for a request for a Bill of Particulars. Notwithstanding the foregoing, Plaintiffs do not know the identities of any 2 of 6

3 person or entity that performed work at the subject location on behalf of the Defendants and/or their predecessor(s) in interest for the 5 years prior to the alleged occurrence. 6. See response Plaintiff s real property adjacent to the retaining wall has been damaged. Remaining subparts are inapplicable other than that, upon information and belief, certain emergency repairs were made at the behest and direction of the Village of Saddle Rock. 8. Plaintiff objects to this demand to the extent it is inappropriate for a request for a Bill of Particulars. 9. Plaintiff objects to this demand to the extent it is inappropriate for a request for a Bill of Particulars. 10. Plaintiff objects to this demand to the extent it is inappropriate for a request for a Bill of Particulars. Notwithstanding the foregoing, Plaintiffs reside at 120 Bayport Lane, Great Neck, New York. 11. Plaintiff objects to this demand to the extent it is inappropriate for a request for a Bill of Particulars. 12. Plaintiff objects to this demand to the extent it is inappropriate for a request for a Bill of Particulars. Notwithstanding the foregoing, Plaintiffs reside at 120 Bayport Lane, Great Neck, New York. Plaintiffs are represented by Goldberg Rimberg & Weg PLLC, 115 Broadway, 3 rd Floor, New York, New York The remaining parties are the parties demanding this Bill of Particulars and their residences/attorneys are better known to the requesting party than to Plaintiffs. 3 of 6

4 PLEASE TAKE NOTICE, that Plaintiffs reserve their right to supplement this response up to and including the time of trial. Dated: New York, New York March 8, 2017 GOLDBERG RIMBERG & WEG PLLC By: /s/ Steven A. Weg Steven A. Weg Attorneys for Plaintiffs 115 Broadway 3 rd Floor New York, New York (212) TO: Baron Law Firm, PLLC Attorneys for Jianjun Li and Chixin Fang 166 Laurel Road, Suite 203 East Northport, NY File No.: All Parties in Action No. 2 4 of 6

5 ATTORNEY VERIFICATION The undersigned, an attorney admitted to practice in the Courts of the State of New York, state that I am a member of Goldberg Rimberg & Weg PLLC, counsel for Plaintiffs and state that I have read the foregoing Verified Bill of Particulars and know its contents; that it is true to my own knowledge, except as to matters alleged to be on information and belief, and as to those matters I believe them to be true. The reason that this verification is made by me and not by the Plaintiffs is because the Plaintiffs are not at presently located in the county in which I am currently in and in which I maintain my office. The grounds of my belief as to all matters not stated upon my own knowledge are as follows Records contained in my file and conversations had with the Plaintiff(s). Dated: New York, New York March 8, 2017 /s/ Steven A. Weg Steven A. Weg 5 of 6

6 Index No /16 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RON BEN-JOSEF and MERAV BEN-JOSEF, -against- Plaintiff, JIANJUN LI and CHIXIN FANG, Defendants, VERIFIED BILL OF PARTICULARS GOLDBERG RIMBERG & WEG PLLC Attorneys for Plaintiff Office and Post Office Address, Telephone 115 Broadway 3 rd Floor New York, New York (212) To Signature (Rule a) Attorneys for Service of a copy of the within Print name beneath is hereby admitted. Dated, Attorneys for 6 of 6