FILED: NEW YORK COUNTY CLERK 04/24/ :02 PM INDEX NO /2016 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 04/24/2018

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1 FILED: NEW YRK CUNTY CLERK 04/24/ :02 PM INDEX N /2016 NYSCEF DC. N. 17 RECEIVED NYSCEF: 04/24/2018

2 FILED: NEW YRK CUNTY CLERK 04/24/ :02 PM INDEX N /2016 NYSCEF DC. N. 17 RECEIVED NYSCEF: 04/24/2018 NBW' SUPREME CURT F THE STATE F NEW NB%' CUNTY F NEW YRK _ _x JAIME VALENTIN, YRK Plaintiff, Index No.: /2016 VERIFIED BILL -against- F PARTICULARS CNGREGATIN B'NAI JESHRUN, X S I R S : Defendant. PLBASE TAKE NTICE that the following is plaintiffs verified bill ofparticulars in response to the demand of defendant dated November 12, 2016, upon information and belief: 1. The occurrence complained of herein took place on June 18, 2015 at approximately 10:00 a.m. 2. The occurrence complained of herein took place at premises located at 270 W. 895 Street, County, City and State of New York, and more particularly, on an interior staircase located between the 18 floor and the basement thereat. 3. Defendant, its agents,servants and/or employees was negligent, careless and reckless in the ownership, operation, management, maintenance, control and/or repair ofthe subject premises and stairway therein; in causing, permitting and/or allowing the subject premises and stairway tobe, become and remain in a dangerous, traplike and hazardous condition; in causing, permitting and/or allowing the subject premises and thereat to be, become and remain with unlevel and/or loose stair treads; in causing, pennitting and/or allowing defective risers and/or treads onthe stairs thereat;in failing to provide a safe surface of the stairway landing owing to the low coefficient of friction/poor traction afforded by the worn, slick and smooth surface of the landing thereat; in providing an unsafe stairway landing in that said landing was not built or surfaced with nonskid material; in failing to include anti-slip grip strops, mats or runs on the stairway landing in order to prevent or lessen the 1

3 FILED: NEW YRK CUNTY CLERK 04/24/ :02 PM INDEX N /2016 NYSCEF DC. N. 17 RECEIVED NYSCEF: 04/24/2018 dangerous inherent on the landing thereat; in causing, permitting and/or allowing the subjeotpremises and stairway therein to become and remain in an unsafe, improper and dangerous condition, which constituted a hazard, trap and nuisance to plaintiff herein, who was lawfully traversing thereat; in failing to provide a safe place to walk; in failing to provide proper ingress or egress; in hiring and employing inept, incompetent and inexperienced personnel to repair the aforesaid premises; in failing to repair, properly repair and/or adequately repair the aforesaid dangerous and defective conditions; in causing, permitting and allowing the dangerous and defective conditions ofthe stairway to remain for an extensive period oftime prior to the occurrence herein; in failing to give plaintiff warning or notice of the dangerous and unsafe condition existing thereat; in failing to erect barricades or signs or other warning devices around the condition to warn persons, and more particularly, plaintiff herein, of the dangerous conditions then and there existing; in failing to barricade or otherwise prevent others from traversing the area where a dangerous and defective condition existed; in permitting the aforementioned area to be used while in a dangerous, defective and traplike condition; in failing to provide proper and/or adequate illumination and lightingthereat; in failing to place an easily accessible handrail; in causing, allowing and permitting said dangerous and defective conditions to exist for an. unreasonable length of time, under the circumstances then and there prevailing without remedying same; in failing to inspect and/or negligently inspecting the aforesaid premises; in failing to maintain the subject premises in such a manner as to avoid the occurrence complained of herein; in failing to timely and properly remedy said dangerous and defective condition; in failing to take timely.and adequate precautions to prevent the happening of the occurrence complained of; in causing and creating a trap and/or obstruction; in failing to comply with all applicable statutes, ordinances, rules and regulations of the County, City and State of New York; and in failing to use due care and caution in the premises so as to prevent the happening ofthe occurrence complained of and resulting injuries to plaintiff. 2

4 FILED: NEW YRK CUNTY CLERK 04/24/ :02 PM INDEX N /2016 NYSCEF DC. N. 17 RECEIVED NYSCEF: 04/24/ Reference is made to #3 hereinabove as to the nature of the dangerous and/or defective conditions complained of herein. 5. Not applicable. is not claiming a dangerous activity Defendant, its agents, servants and/or employees had actual knowledge in that they caused and/or created the conditions complained ofherein. Plaintifffurther claims that defendant, by and through its agents, servants and/or employees, had constructive notice and knowledge of the aforesaid dangerous and defective conditions as such conditions were allowed and permitted to exist for an unreasonable length of time prior to the occurrence herein and defendant(s) knew or in the exercise ofreasonable care should have known, throughproper and timely inspection, ofthe existence of said conditions Plaintiff is currently unaware of the names of the person(s) who caused or created the dangerous condition or those individuals to whom notice may have been given. 12. Not applicable. Upon information and belief, a foreign substance was not involved. 13. Plaintiff sustained the following known personal injuries: Right shoulder labral tear; Right shoulder partial rotator cufftear; Right shoulder partial labral tear; Tear of superior labrum and anterior inferior labrum with capsular thickening; Right shoulder post-traumatic bursitis; Right shoulder post-traumatic synovitis; Right shoulder derangement; Plaintiff underwent right shoulder cortical steroid injections; n August l 6, 2016, Plaintiffunderwentright shoulder arthroscopy, partial synovectomy, right shoulder debridement and right shoulder bursectomy; Nondisplaced fracture of the base of the fourth metacarpal, right hand; 3

5 FILED: NEW YRK CUNTY CLERK 04/24/ :02 PM INDEX N /2016 NYSCEF DC. N. 17 RECEIVED NYSCEF: 04/24/2018. Nondisplaced fracture of the hamate, right hand; Plaintiff required the use of a right hand cockup wrist brace;. Right knee sprain; Patellofemoral ligamentous injury; Lateral patellofemoral translational episode with high position of patella and lateral subluxation; Tear of medial patellofemoral ligament and retinaculum; osteochondral impaction injuries; Suprapatellar joint effusion; Plaintiff was nonweightbearing for several months following the occurrence and required the use of a hinged knee brace for support; Plaintiff underwent right knee cortical steroid injections; n September 27, 2016, Plaintiff underwent right knee arthroscopic surgery, right knee chondroplasty, right knee partial synovectomy, right knee lateral release; Lumber injury with spasms and tenderness; In addition, plaintiff underwent a regimen of physical therapy and rehabilitation, including, but not limited to, joint mobilization, myofascial release, electrical stimulation, hot packs, cryotherapy and therapeutic exercises for range of motion, strength, endurance and stability, all in an effort to alleviate pain and discomfort and increase range of motion, strength and flexibility and to maximize plaintiff's functional capability of all of the affected parts; 14. Plaintiff claims that all ofthe foregoing injuries set forth above are permanentin nature and effect, and are progressive. 15. As a result of the occurrence complained of herein and resulting injuries therefrom, plaintiff was totally disabled for approximately six (6) months following the occurrence and remains partially disabled to date Reference is made to 813 hereinabove as to significant disfigurement, fracture or permanent consequential limitation of a body function or system. 19, As a result of the occurrence complained of herein and resulting injuries therefrom,

6 FILED: NEW YRK CUNTY CLERK 04/24/ :02 PM INDEX N /2016 NYSCEF DC. N. 17 RECEIVED NYSCEF: 04/24/2018 plaintiff was generally confined to bed for approximately two (2) weeks following the occurrence and was thereafter generally and intermittently confined to home for approximately six (6) months thereafter. 20. As a result of the occurrence complained of herein and resulting injuries therefrom, plaintiff was treated at Mount Sinai Roosevelt Hospital, 1000 Tenth Avenue, New York, NY on the date of the occurrence At the time of the occurrence, plaintiff was employed as a utility worker for USI Services Group, 270 W. 89* Street, New York, NY where he was earning approximately $33,000 per year. As a result ofthe occurrence complained otherein and resulting injuries therefrom, plaintiff has been incapacitated from his employment from the date ofthe accident to the present and continuing. Plaintiff's loss of earnings to be provided under separate cover. 24. Plaintiff claims defendant, its agents, servants and/or employees violated all relevant and applicable provisions ofthe laws made in these types of cases, including, but not limited to, NYC Building Code/New York City Administrative Co de , (2008), (2008), (2008) and (2008). Plaintiff specifically reserves the rightto amend and/or supplement this paragraph after completion of discovery. 25. Plaintiff resides(d) at "d Avenue, Apt.2003, New York, NY Plaintiff's date of birth is 7/5/ Plaintiff object to providing his social security number as the release of social security numbers constitutes an invasion of privacy; is not required by the CPLR; and opens plaintiff to identity theft, See, Meyerson v. Prime Realty Servs., LLC, 796 N.Y.S.2d 848 (Sup. Ct. 2005); Greidenger v. 0*l' Davis, 988 F.2d 1344; Seeling v..0l Sielafi, 201 AD2d 298, 607 NYS2d 300 (1*Dept , 1994); and Bibeau v. Cantiague Figure Skating Club, Inc., 294 AD2d 525, 742 NYS2d 864 (2nd Dept. 2002). afldoctors..." doctœ s..." 28. Plaintiff objects to setting forth "the names and addresses of all as said 5

7 FILED: NEW YRK CUNTY CLERK 04/24/ :02 PM INDEX N /2016 NYSCEF DC. N. 17 RECEIVED NYSCEF: 04/24/2018 demand is not properly includable in a bill ofparticulars (see erv. Rochester Gen. Hosp.,. 170 A.D. 949, 566 N.Y.S. 2d 122 (4th Dept., 1991). Notwithstanding the foregoing objection, plaintiff's exchange of medical information, including records and authorizations, is provided in his response to combined demands, annexed herewith. 29. Plaintiff sustained the following known special damages to date: (a) Physician's services: approm $25,000 and continuing (b) Medical supplies: to be provided, if any (c) Hospital expenses: approm $10,000 (d) X-rays (inc. MRP s): approx. $ 3,000 (e) Nurse's services: included in (c) (f) ther: % Ll)Vl to CV be \/V provided, if W any Plaintiff alleges that in the event there is health insurance applicable to the damages set forth herein, these items of special damages are alleged for illustrative purposes only. As plaintiff's medical treatment may be ongoing and continuing, plaintiff specifically reserves the right to supplement this response prior to the time of trial. 30. Not applicable. Plaintiff is not claiming any prior occurrences or injuries. 31. Plaintiff objects to any inquiry as to "accident reports" as evidentiary in nature and improper for a bill of particulars. Notwithstanding the foregoing objection, plaintiff is not in possession of any accident reports. 32. Reference is made to #2 hereinabove as to the location of the subject stairway. 33. Reference is made to 43 hereinabove as to defendant's carelessness, recklessness and/or repau' negligence in the construction, maintenance and/or repair of the subject premises. 34. Reference is made to #3 hereinabove as to improper or inadequate lighting conditions Not applicable, Plaintiff has not asserted a claim for loss of services herein. 6

8 FILED: NEW YRK CUNTY CLERK 04/24/ :02 PM INDEX N /2016 NYSCEF DC. N. 17 RECEIVED NYSCEF: 04/24/ Not applicable. Upon information and belief, there are no other lawsuits brought on plaintiff s behalf in connection with the injuries sustained herewith. 38. Reference is made to 029 hereinabove as to special damages. 39. Reference is made to 426 hereinabove as to plaintif s date of birth. 40. See 825 hereinabove as to plaintif Ps residence address. 41. bjection. See 427 hereinabove. 42. Not applicable. The plaintiff is not an infant 43. 'Ihe causes of action asserted herein are not subject to the provisions of Article 16 of the CPLR and/or come within the stated exceptions as set forth in CPLR Sections 1602(1) 1602(2) 1602(3), 1602(4), 1602(5), 1602(6), 1602(7), 1602(8), 1602(10), 1602(11) 1602(12) & 1602(13). Dated: %IVY' New k TV T York, A %tkkhjny December 15, 2016 GREENBERG LAW P.C. I By: Robert J. Menna, Esq. Attorney for Plaintiff(s) 370 Lexington Avenue Suite 801 New York, NY (212) ' T: MRRIS DUFFY AL NS 4 FALEY Attomeys for Defendant CNGREGATIN B'NAI JESHURUN 22"d Two Rector Street, Floor New York, NY (212) File No.: (PIC)