FILED: NEW YORK COUNTY CLERK 02/06/ :16 PM INDEX NO /2016 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 02/06/2017

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2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YOSIC -X MICHAEL STRAWN, -against- Plaintiff, Index No. I53792/a6 VERJFIE» BILL OF PARTICULARS NEW YORK CITY HOUSING AUTHORITY atsd THE CITY OF NEW YORIC, Defendants. -X Plaintiff as and for her veiijied bill of particulars (NEW YORK CITY HOUSING AUTHORITY), alleges as follows upon information and belief; 1. Set forth how the accident occurred - Ceiling collapse witliin the offices of the Rangel Houses Senior Center, 2-3. The houi'j date and location - The accident occurred on Novembei' 5,2015 at or about 4;30PM at Harlem River Drive, New York, New York. 4. State what the Plaintiff was doing immediately before the accident - Properly the subject of an EBT. 5. Acts or omissions constituting negligence - In failing to keep the accident site properly maintained and reasonably safej in failing to keep the accident site in good repair, in permitting the ceiling of the offices of said premises to exist in a state of disrq)air, in peimitting a dangerous and unsafe condition to exist at the accident site for an unreasonably long period of time, in being careless, reckless and neghgent in the ownership, operation, control and maintenance of the offices ceili ng; in pemiitting, causing, creating, and allowing to remain in a dangerous and unsafe condition said ceiling, which was a danger, nuisance and trap to those lawfully and properly thereat; in permitting, causing, creating, and allowing a danger, nui.sance

3 and trap to remain in the aforesaid premises; in failing to keep the aforesaid premises free from any hazards or dangers; in failing to operate the aforesaid premises with a requisite degree of care, cantion, skill and diligence due and owing under the circumstances then and there prevailing; in peiinitting the offices ceiling to exist in an unsafe condition; and hi failing to properly repair the ceiling of the offices. 6a-b. Dangerous, unsafe or defective condition - See item 1. c-d. Actual notice - Plaintiff fn-st complained in May 2015 to Defendant NEW YORIC CITY HOUSING AUTHORITY before the accident. Consti-uctive notice - The hazardous condition existed smce May 2015 prior to the date of the accident and Defendant knew or should have known of its existence. e. Oral or written notice - Not applicable. 7. State the statutes, ordinances^ laws^ rules and regulations - Plahitiff is not currently alleging that Defendant violated any laws, statutes^ rules, regulations, or ordinances. Plaintiff reseives the right to supplement this response at the conclusion of diacoveiy and up to and including tlie time of trial. 8. State where the Plaintiff was coming from before the accident - Properly the subject of an EBT. 9. State where the Plaintiff was going to immediately before the accident - Properly the subject of an EBT injuries/permanent injuries ~ Plaintiff underwent on February 5,2016 left shoulder arthroscopy surgery^ debridement radial tear of the glenoid labrum, partial synovectomy, bursectomy, CA ligament resection, acfomioplasty, anterior acromionectomy. Plaintiff also clahns left shoulder tendinopathy, left shoulder lahral tear, impingement, bursitis.

4 Plaintiff sustained also a cmtral disc herniation with anterior thecal sac impingement at C4-5, central disc herniation with anterior thecal sac impingement at C5-6; defect at the L5 pars inerai'ticularis with spondylolysis, grade I anterolisthesis at L5 in relation to S1; decreased range of motion of tlie left shoulder, tenderness, discomfort, left shoulder derangement, stiffiiess, left shoulder pain, joini effusion, limited range of motion of the cervical spine, cervical sprain, radiculopathy, spasms, cervical myofascial derangement, tenderness, nmnbness, tingling, dysesthesias, discomfoit swelling, straightening of normal cervical lordosis, stifftiess, neck pain radiating into both right and left upper extremities to the left shoulder blade especially when raising the arm, numbness, tingling, discomfort, spasms, stiffness, contusion, limited range of motion of the lumbar spme, lumbar sti-ain, lumbar myofascial derangement, spasms, tenderness, lower back pain radiating into both right and left lower extremities, numbness, tingling, stiffness, discomfort, worse vdth bending forward, lifting, carrying, moving around, standing up, sleeping. Plaintiff complains of headaches, intermittent ringing of left ear, scarring and posttraumatic arthritis of tlie left shoulder, neck, cervical spine and lumbar spine. Fxirtliermore, immediately following the occutxence, Plaintiff suffered diverse soft tissue injuries to the eilected aad affected areas of the Plaintiffs body caused by the occurrence. These injuries of temporary dm'ation resulted in abrasions, lacerations, contusions and hematomas to the fleshy areas of the effected and affected areas of the Plaintiffs body. Aggrav^ioUj causation, exacerbation, enhancement and/or precipitation involving a preexisting weakness and vulnerability including each and every one of the above-referenced injuries. As a result of these possible pre-existing wealcnesses and vulnerabilities, Plaintiff lias and will incur various additional medical procedures all of which, including ftitare sui'geries and medical procedures, are claimed herein.

5 In addition to all of the injuries mentioned above herein, Plaintiff will also claim all injuries indicated in any medical and/or hospital records to which the Defendant has had access by way of authorization, subpoena of otherwise, iiicluding but not limited to medical reports or examinations by Plaintiff s treatnig physicians and Defendant's examining physicians. Some of the injuries resulted among other tilings in pain, swelling, tenderness, limitation of motion, and impaiiment of iunetion involving the skin, bones, muscles, cartilage, ligaments, tendons, joints, blood vessels, nei-ves, lymphatic systems, and every tissue in the aforementioned surrounding areas. In addition, there is increased likelihood of early traumatic arthritic aggi'avation and activation in the affected and effected areas. In addition, Plaintiff claims all &t«re medical and surgical treatment and/or procedures and operations concerning the effected and aifected areas, Upon iiifonnation and belief, all of ttie above injuries, not of a superficial nature, are peimanent. 12, If Plaintiff claims loss of earnings, state occupation, weekly em-nings, length of time lost from work - Plaintiff was and is employed by Cotlioa Luncheon Club, 2005 Amsterdam Avenue, New York, NY as a custodian for the past 2 years. Plaintiff was incapacitated from employment from November 6,2015 until November 9,2015. Plaintiff went back to work on November 10,2015. Plaintiff was incapacitated again from employment from February 5, 2016 until April 29,2016 due to left shoulder surgery, and returned to work on May 2,2016. Plaintiffs salary at the time of the accident was approximately $ per week. Plaintiff is not elaimmg lost wages.

6 13, State tbrtli the amoimt of money which Plaintiff claims were paid, expended foxmedicines, medical appliances, x-rays, nursing, hos^itali^^ation and medical treatment (special damages): a. Medicines ~ included in (0; b. Medical appliances - included in (f); c. X-rays-included (^; d. Nursmg--included (f); e. Hospitaliziation - incmed in (:Q; f. Medical treatment - approximately $35, a. Confinement to bed - To be supplied. b. Confeiement to home - Intermittently ixom the accident throu]^ the present as needed, and continuing. Plaintiff does not recall specitc dates of confinement. c. Hospital - Plaintiff was taken to Hai'lem Hospital Center, 506 Lenox Avenue, New York, NY where he was x-rayed, treated and released. Plaintiff went to New York Commimity Hospital, 2525 Kings Ki^way, Brooldyn, NY whore he underwent his left shoulder surgery. 15. Set forth any other damage or loss wmdi Plaintiff claims has been sustained as a result of the occuitence-not apphcahle. 16. Set forth the residence of Plaintiff-Plaintiff resides at 545 E. 146'^^ Street, apt6c, Bronx, NY Set forth the name and address of employer of Plaintiff- See item Set forth Plaintiffs social secmity number and date of biifh - Plaintiff s social security numbea- i^bbbhl^^laiiitiff s date of birth is<

7 1. ' Set forth the names and address of all Hospital and physicians who treated Plaintiff - Plaintiff was ti-eated at New York Commiooity Hospital, 2525 Kings Highway, Brooklyn, NY 11229, Harlem Hospital Center, 506 Lenox Avenue, New York, NY 10037, PMR of NY S. Bronx, P.O., 675 Morris Avenue, Bronx, NY 10451, Howard Baum, M.D./Bay Ridge Orthqjedic Associates, P.C., 476 Bay Ridge Parkway, Brooklyn, OT 11209, Sebastian Lattaga, M.D./NY Spine Specialist, 2356 University Avenue, Bronx, NY 1046S and Doshi Diagnostic Imaging Seiviees, 410 East 189*^ Street, Bronx, NY Set forth the names and addresses of all hospitals and doctors for Plaintiff s preexisting conditions - Not applicable. 22. Set forth all amounts received hy Plaintiff as reimbursement which Plaintiff has received fi-om collateral sources claimed as special damages; a. Disability payments - None; b. Social security payments - None; c. Medical reimbursement- Plaintiff s workers' compensation claim is NYS Inawanee finid, WCB case#; G , carrier case#: ; d. Dental reimbursement - None; e. Custodial care - None; f. Reliahilitation source-none; g. Losses of earnings - See item (c); h. Medicare - None; i. Other economic loss - N one. 23. State the name and address of the person or agencies maldng ihe foregoing payments - See item (c).

8 Dated; Great Neck, New York September^, 2016 Yotirs, et^ Steven f^ildstein, F.C. Attorney for Plaintiff 98 Cutter Mill Road, Suite 335 Great Neck, New York (516)