FILED: NEW YORK COUNTY CLERK 11/14/ :47 PM INDEX NO /2016 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 11/14/2018 EXHIBIT "C"

Transcription

1 EXHIBIT "C"

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X LISSBTTE NORMAN, Plaintiff, VERIMED BILL OF PARTICULARS -against- Index No.: /16 PV HOLDING CORP. and NADIA ZOE, _ Defendants. ----=X Plaintiff, LI5SETTE NORMAN, by the undersigned attorneys, respondng to Defeniants, PV HOLDING CORP. and NADIA ZOE'S, demand for a Bill of Particulass, alleges, upon information and belie as follows: 1. 'Ihe occurrence took place on August 31, 2015, app.mrimately 1:00 P.M. 2. The occurrence took place on 18 Place and Clinton Street, Brooklyn, New York. 3. The above-stated occurrence and the results thereof were in no way due to any negligence on the part of the plaintiff contributing thereto, but were caused by the negligence of the defendants and/or said defendants' agents, servants, employees and/or licensees in the ownership, operation management, maintenance and control of their said motor vehicle; in operating same without due regard to the rights and safety of the plaintiff; in operating their said motor vehicle in a manner which un-asonably endangered the plaintif P, in failing to properly steer, guide, madage and control their said vehicle; in operating same at a rate of speed greater than was reasonable and proper at the time and place of the occurrence; in failing to apply the brakes or slow down or stop in such a manner as would have prevented the occurrence; in failing to have made adequate and timely observation of and response to ceñdiuons; in failing to clave signs and signals

3 pre ailing at the time and place of the occurance; in failing to keep a proper look-out when controlling their said vehicle; in failing to properly maintain their said vehicle aceerding to law; in failing to give adequate and timely sigtial, notice or waming; in operating their said motor vehicle in violation of the traffic rules, regulations, statutes and ordinances in such cases made and provided; and in being careless, reckless and negligent in the on.ership, :naintenance, operation and control oftheir said motor vehicle. 4(a). Plaintiff sustained the follõwing injuries as a result of this accident: - Supraspinatus full-thickness insertional tear retracted 1.1 cm, right shoulder; Infraspinatus bursal surface partial tear, right shoulder; Commeniesting joint effusion to subaeromial sebdeltoid bursa, right shoulder; Partial-thickness tears of the supraspinatus tendon involving up to 50% of the tendon thickness, left shoulder; - Partial-thickness tear of the infraspinatus tendon involving approximately 50% of the tendon thickness, left shoulder; - SLAP tear of the posterosuperior labrum, left shoulder; Subacromial/subdeltoid bursitis, left shoulder; Synovitis, left shoulder; - - C2-3, C3-4 and C4-S disc herniations; Straightening of the cervical lordosis; - Decreased range of motion; - Permanent scarring to the right shoulder; SURGEEY: On March 24, 2016, plaintiff underwent Right Shoulder Imphemant and Cuff Tear at Staten Island University Hospital, 475 Seaview Avenue, Staten Island, New York Said surgery, performed by Joseph Giovinazzo, M.D.

4 The foregoing injuries directly affected the bones, tendons tissues, muscles, ligament s, nerves, blood vessels and soft tissues in and about the involved areas and sympathetic and radiating pains, from all of which the plaintiff suffers, still suffers and may permanently suf Fer as a result of the accidem and the injurles herein sustained. Exacerbation of asymptomatic degenerative conditions. 4(b). All of the above injuries, with the exception of contusions are permanent in nature. Plaintiff will permanently suffer from the aforesaid injuries and will be limited in the scope of activities which Plaintiff may perform. Plaintiff will be matricted and prevented from leading a normal life and will require engoing medical care and attention. 5. Plaintiff sustained serious injuries as defined by 5102 of the Insurance Law of the State of New York including, but not limited to, a fracture, a significant disfigurement; pennanent loss of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents plaintiff from performing substantially all of the material acts which cons'itat: his usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury. Plaintiff has sustained a loss in excess of the basio loss as defined by 5102 of the Imurm1ce Law of the State of New York including, but not limited to, all necessary expenses incurred for medical, hospital, surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; psychiatric, physical and occupational therapy and rehabilitation; any other profassional health services; and all other reasonable and necessary expenses incurred.

5 6. a) Plaintiff was confined to bed for apprmdmately one to one-and-a-half (1-1 ½) weeks following the date of occurrence, one-end-a-half to two (1 ½ - 2) weeks following her surgery on March 24, 2016, and int-iftently thereafter. b) Plaintiff was confined to home for approximately one to one-and-a-half (1-1 ½) weeks following the date of occurrence, two to three (2-3) weeks following her surgery on March 24, 2016, and intermittently thereafter. c) Plaintiff was confined to NYU Hospitals Center for one (1).Emergency Room visit on the date of the occurrence in addi'ion to being confined to Staten Island University Hospital for outpatient surgery on March 24, (a) At the time ofthe occurrence plaintiff was emple-fed as a Service Coordinator. (b) Plaintiff was incapacitated from her employment for approximately one-and-ahalf (1 ½) weeks following the date of occurrence. In addition, plaintiff has been inspsitated from her employment from the date of her surgery on March 24, 2016 through present.. (c) At the time of the occurrence plaintiff was employed by Marathon Infants & Toddlers, Inc., Horace Harding Evpressway, Bayside, New York L As a result of this occurrence plaintiff eastainst the following special damages: a) Physician's services:. Healthcare Associates in Medicine...Approx. $2, and continuing Jeffrey Tambor, MD Premier Medical...To be provided Verrazano Radiology Associates, PC...To be provided

6 (b) Nurses services...included in items (a) & (d) (c) Medical supplies...approx. $80.10 (d) Hospital expenses: NYU Langone Medical Center...To be provided Staten Island University Hospital...$2, (e) Loss ofeaminga...approx. $6, and continuing (f) Other...Property damage dedüõtitle in the amount of $1, II-IV. To be provided, if applicable. 9. Plaintiff was bom in Plaintiff resides at 1365 North Railroad Avenue, #204, Staten Island, New York Plaintiffs Social Security Number is XXX-XX Not applicable Plaintiff is not claiming property damage. 14. Not applicable. 15. Not applicable. 16. The defaadant has viciated the following N.Y.S.M.V.T.L. sections including, but not limited to Section 388,1101, 1110, 1111, 1116, 1140, 1141, 1142, 1143, 1160, 1163, 1180, 1190, 1212, and N.Y.C. Traffic Rules and Regulations Title (c), 4-03, 4-05, and Plaintiff shall also claim all those laws, rules, codes, statutes and ~Saanaac that the Court shall take judicial notice of and instruct the jury therewith at the time of the trial. PLEASE TAKE FURTHER NOTICE, that plaintiff reserves the right to supplement this verified bill of particulars pursuant to the applicable provisions of the

7 C.P.L.R. Dated: Staten Island, New York August 11, 2016 Yours, etc.,... GLEN DEVORA, ÈSQ. JONATHAN D'AGOSTINO & ASSOCIATES Attorneys for Plaintiff LISSETTE NORMAN 3309 Richmond Avenue Staten Island, New York (718) Our File No.: Q18134-A TO: MORRIS DUFFY ALONSO & FALEY Attomeys for Defendants PV HOLDING CORP. and NADIA ZOE Two Rector Street, 22"d Floor New York, New York (212) File No.: (SED) 66177

8 VERIFICATION LISSETTE NORMAÑ, being duly sworn, says: I am a Plaintiff in the action herein: I have read the annexed BILL OF PARTICULARS and know the contents theref, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief as to those manem therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my pars~1al files. DATED: STATE [SLAND, NEW YORK August lo, 2016 SETTE NORMAN S O TO BEFO THIS - AY OF UG, 2 6. TARY P LI Michde Gellin NorARY PUBUC state New York QuallRed in $uffolk County No. 01GE Commission &pires December 8, 20

9 Index No /16 SUPRBME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LISSETTE NORMAN,. Plaintiff, -against- PV HOLDING CORP. and NADIA ZOE, Defendants. VERIFIED BILL OF PARTICULARS Jonathan D'Agostino & Associates, P.C. Attorneys for Plainty 3309 Richmond Avenue Staten Island, NY (718) TO: MORRÍS DUFFY ALONSO & FALEY Attorneys for Defendants 22nd Two Rector Street, F100r New York, New York (212)