FILED: NEW YORK COUNTY CLERK 04/11/2016 02:26 AM INDEX NO. 160641/2013 NYSCEF DOC. NO. 185 RECEIVED NYSCEF: 04/11/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: 160641/2013 ------------------------------------------------------------------X ANGELENA LUCHEUX and BENJAMIN LUCHEUX, PLAINTIFF S THIRD Plaintiffs, SUPPLEMENTAL -against- WILLIAM MACKLOWE COMPANY, LLC, MACKLOWE MANAGEMENT, LLC, 386 PAS OWNER, LLC, LEND LEASE (US) CONSTRUCTION LMB, INC., SYNERGY CONSTRUCTION, INC., EASTERN CONCRETE MATERIALS, INC., and ELITE TERRAZZO FLOORING, INC., VERIFIED BILL OF PARTICULARS (for defendants Macklowe Mangement & 386 PAS Owner) Defendants. -------------------------------------------------------------------X PLAINTIFF, through her attorney, in response to defendants MACKLOWE MANAGEMENT, LLC s and 386 PAS OWNER, LLC s demand for a Verified Bill of Particulars, state as follows: 2. Plaintiff Angelena Lucheux claims the following: - Snapping and popping of the lateral aspect in the region of the IT band on the trochanter of the right hip - Right hip joint effusion with evidence of impingement - Need to injections to the joint and trochanteric region of the right hip - Snapping ITB syndrome of the right hip - Clicking sensation in the lateral aspect of the right hip - Radiating pain in the lower extremity - 3mm pit at the right femoral head and neck junction - Need for future right hip surgery 1 of 12
It is alleged that, except where specifically indicated, all of plaintiff s injuries and sequelae claimed in each of plaintiff s bill of particulars, supplemental and amended bill of particulars, are permanent. It is further alleged that plaintiff s injuries affected and impaired the function of her skin, surrounding muscles, surrounding tissues, nerves and blood vessels, and tissues of the affected and surrounding areas. All of the injuries herein were accompanied by severe pain and discomfort; they involve and are associated with injury to the soft tissue surrounding the affected parts and areas of the body; including injury, tearing, and damage to the associated muscle groups, ligaments, tendons, blood vessels and blood supply, nerve and nerve tissues, epithelial tissues and soft tissue all concomitant of the specific injuries and related to the many portions of the plaintiff s body mentioned hereinabove; with resultant pain, deformity, weakness, discomfort, stiffness, tenderness, disability, restriction and limitation of motion; pain on motion; possible loss of use and atrophy of the above mentioned parts; anxiety and mental anguish; all of the heretofore mentioned injuries have substantially prevented the plaintiff from enjoying the fruits of plaintiff s social and economic activities and from attending to plaintiff s usual and customary duties, avocations, and activities. It is further alleged that the above injuries at/or near any body joint will result in traumatic arthritis and/or onset of arthritis, osteoarthritis, osteoporosis and/or necrosis at an earlier age, at an accelerated rate and with greater severity than would have otherwise occurred. Plaintiff reserves the right to prove any and all further and future consequence of this occurrence, and any further and future medical expenses incurred in connection with the injuries sustained herein, up to and including the time of trial. Dated: New York, New York April 8, 2016 PETER H. PARETSKY, ESQ. 2 of 12
Attorney for Plaintiffs 43 West 43 rd St., # 127 New York, N.Y. 10036 Tel: (212) 362-5391 Fax: (212) 409-8565 TO: Ropers Majeski Kohn & Bentley PC Attorneys for Defendant LEND LEASE (US) CONSTRUCTION LMB, INC. 750 Third Avenue, 25th Floor New York, NY 10017 TRESSLER LLP Attorneys for Defendants Macklowe Management, LLC and 386 PAS Owner, LLC 744 Broad St., Ste. 1510 Newark, NJ 07102 FIDEN & NORRIS, LLP Attorneys for Defendant Synergy Construction, Inc. 845 Third Ave., 11 th Floor New York, NY 10170 HARRIS, KING, FODERA & CORREIA Attorneys for Defendant Elite Terrazzo Flooring, Inc. One Battery Park Plaza, 29 th Fl. New York, NY 10004-1437 3 of 12
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: 160641/2013 ------------------------------------------------------------------X ANGELENA LUCHEUX and BENJAMIN LUCHEUX, VERIFICATION -against- Plaintiffs, WILLIAM MACKLOWE COMPANY, LLC, MACKLOWE MANAGEMENT, LLC, 386 PAS OWNER, LLC, LEND LEASE (US) CONSTRUCTION LMB, INC., SYNERGY CONSTRUCTION, INC., EASTERN CONCRETE MATERIALS, INC., and ELITE TERRAZZO FLOORING, INC., Defendants. -------------------------------------------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) PETER H. PARETSKY, ESQ., being duly sworn, depose and says that he is the attorney for the plaintiff in the above-entitled action; that he has read the foregoing Third Supplemental Bill of Particulars, and that the same is true to his own knowledge, except as to those matters stated therein to be alleged on information and belief, and as to those matters, he believes them to be true. This verification is made by deponent instead of the said plaintiff because the plaintiff resides outside the County of New York where deponent maintains his offices. Dated: New York, New York April 8, 2016 PETER H. PARETSKY, ESQ. 4 of 12
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: 160641/2013 ------------------------------------------------------------------X ANGELENA LUCHEUX and BENJAMIN LUCHEUX, PLAINTIFF S Plaintiffs, SECOND SUPPLEMENTAL -against- WILLIAM MACKLOWE COMPANY, LLC, MACKLOWE MANAGEMENT, LLC, 386 PAS OWNER, LLC, LEND LEASE (US) CONSTRUCTION LMB, INC., SYNERGY CONSTRUCTION, INC., EASTERN CONCRETE MATERIALS, INC., and ELITE TERRAZZO FLOORING, INC., VERIFIED BILL OF PARTICULARS (for defendant Synergy Construction, Inc.) Defendants. -------------------------------------------------------------------X PLAINTIFF, through her attorney, in response to defendant SYNERGY CONSTRUCTION, INC. s demand for a Verified Bill of Particulars, states as follows: 16. Plaintiff Angelena Lucheux claims the following: - Snapping and popping of the lateral aspect in the region of the IT band on the trochanter of the right hip - Right hip joint effusion with evidence of impingement - Need to injections to the joint and trochanteric region of the right hip - Snapping ITB syndrome of the right hip - Clicking sensation in the lateral aspect of the right hip - Radiating pain in the lower extremity - 3mm pit at the right femoral head and neck junction - Need for future right hip surgery It is alleged that, except where specifically indicated, all of plaintiff s injuries and sequelae claimed in each of plaintiff s bill of particulars, supplemental and amended bill of 5 of 12
particulars, are permanent. It is further alleged that plaintiff s injuries affected and impaired the function of her skin, surrounding muscles, surrounding tissues, nerves and blood vessels, and tissues of the affected and surrounding areas. All of the injuries herein were accompanied by severe pain and discomfort; they involve and are associated with injury to the soft tissue surrounding the affected parts and areas of the body; including injury, tearing, and damage to the associated muscle groups, ligaments, tendons, blood vessels and blood supply, nerve and nerve tissues, epithelial tissues and soft tissue all concomitant of the specific injuries and related to the many portions of the plaintiff s body mentioned hereinabove; with resultant pain, deformity, weakness, discomfort, stiffness, tenderness, disability, restriction and limitation of motion; pain on motion; possible loss of use and atrophy of the above mentioned parts; anxiety and mental anguish; all of the heretofore mentioned injuries have substantially prevented the plaintiff from enjoying the fruits of plaintiff s social and economic activities and from attending to plaintiff s usual and customary duties, avocations, and activities. It is further alleged that the above injuries at/or near any body joint will result in traumatic arthritis and/or onset of arthritis, osteoarthritis, osteoporosis and/or necrosis at an earlier age, at an accelerated rate and with greater severity than would have otherwise occurred. Plaintiff reserves the right to prove any and all further and future consequence of this occurrence, and any further and future medical expenses incurred in connection with the injuries sustained herein, up to and including the time of trial. Dated: New York, New York April 8, 2016 PETER H. PARETSKY, ESQ. Attorney for Plaintiffs 43 West 43 rd St., # 127 New York, N.Y. 10036 Tel: (212) 362-5391 6 of 12
Fax: (212) 409-8565 TO: Ropers Majeski Kohn & Bentley PC Attorneys for Defendant LEND LEASE (US) CONSTRUCTION LMB, INC. 750 Third Avenue, 25th Floor New York, NY 10017 TRESSLER LLP Attorneys for Defendants Macklowe Management, LLC and 386 PAS Owner, LLC 744 Broad St., Ste. 1510 Newark, NJ 07102 FIDEN & NORRIS, LLP Attorneys for Defendant Synergy Construction, Inc. 845 Third Ave., 11 th Floor New York, NY 10170 HARRIS, KING, FODERA & CORREIA Attorneys for Defendant Elite Terrazzo Flooring, Inc. One Battery Park Plaza, 29 th Fl. New York, NY 10004-1437 7 of 12
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: 160641/2013 ------------------------------------------------------------------X ANGELENA LUCHEUX and BENJAMIN LUCHEUX, VERIFICATION -against- Plaintiffs, WILLIAM MACKLOWE COMPANY, LLC, MACKLOWE MANAGEMENT, LLC, 386 PAS OWNER, LLC, LEND LEASE (US) CONSTRUCTION LMB, INC., SYNERGY CONSTRUCTION, INC., EASTERN CONCRETE MATERIALS, INC., and ELITE TERRAZZO FLOORING, INC., Defendants. -------------------------------------------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) PETER H. PARETSKY, ESQ., being duly sworn, depose and says that he is the attorney for the plaintiff in the above-entitled action; that he has read the foregoing Second Supplemental Bill of Particulars, and that the same is true to his own knowledge, except as to those matters stated therein to be alleged on information and belief, and as to those matters, he believes them to be true. This verification is made by deponent instead of the said plaintiff because the plaintiff resides outside the County of New York where deponent maintains his offices. Dated: New York, New York April 8, 2016 PETER H. PARETSKY, ESQ. 8 of 12
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: 160641/2013 ------------------------------------------------------------------X ANGELENA LUCHEUX and BENJAMIN LUCHEUX, -against- Plaintiffs, WILLIAM MACKLOWE COMPANY, LLC, MACKLOWE MANAGEMENT, LLC, 386 PAS OWNER, LLC, LEND LEASE (US) CONSTRUCTION LMB, INC., SYNERGY CONSTRUCTION, INC., EASTERN CONCRETE MATERIALS, INC., and ELITE TERRAZZO FLOORING, INC., PLAINTIFF S SECOND SUPPLEMENTAL VERIFIED BILL OF PARTICULARS (for defendant Elite Terrazzo Flooring, Inc.) Defendants. -------------------------------------------------------------------X PLAINTIFF, through her attorney, in response to defendant ELITE TERRAZZO FLOORING, INC. s demand for a Verified Bill of Particulars, state as follows: 4. Plaintiff Angelena Lucheux claims the following: - Snapping and popping of the lateral aspect in the region of the IT band on the trochanter of the right hip - Right hip joint effusion with evidence of impingement - Need to injections to the joint and trochanteric region of the right hip - Snapping ITB syndrome of the right hip - Clicking sensation in the lateral aspect of the right hip - Radiating pain in the lower extremity - 3mm pit at the right femoral head and neck junction - Need for future right hip surgery It is alleged that, except where specifically indicated, all of plaintiff s injuries and sequelae claimed in each of plaintiff s bill of particulars, supplemental and amended bill of 9 of 12
particulars, are permanent. It is further alleged that plaintiff s injuries affected and impaired the function of her skin, surrounding muscles, surrounding tissues, nerves and blood vessels, and tissues of the affected and surrounding areas. All of the injuries herein were accompanied by severe pain and discomfort; they involve and are associated with injury to the soft tissue surrounding the affected parts and areas of the body; including injury, tearing, and damage to the associated muscle groups, ligaments, tendons, blood vessels and blood supply, nerve and nerve tissues, epithelial tissues and soft tissue all concomitant of the specific injuries and related to the many portions of the plaintiff s body mentioned hereinabove; with resultant pain, deformity, weakness, discomfort, stiffness, tenderness, disability, restriction and limitation of motion; pain on motion; possible loss of use and atrophy of the above mentioned parts; anxiety and mental anguish; all of the heretofore mentioned injuries have substantially prevented the plaintiff from enjoying the fruits of plaintiff s social and economic activities and from attending to plaintiff s usual and customary duties, avocations, and activities. It is further alleged that the above injuries at/or near any body joint will result in traumatic arthritis and/or onset of arthritis, osteoarthritis, osteoporosis and/or necrosis at an earlier age, at an accelerated rate and with greater severity than would have otherwise occurred. Plaintiff reserves the right to prove any and all further and future consequence of this occurrence, and any further and future medical expenses incurred in connection with the injuries sustained herein, up to and including the time of trial. Dated: New York, New York April 8, 2016 PETER H. PARETSKY, ESQ. Attorney for Plaintiffs 43 West 43 rd St., # 127 New York, N.Y. 10036 10 of 12
Tel: (212) 362-5391 Fax: (212) 409-8565 TO: Ropers Majeski Kohn & Bentley PC Attorneys for Defendant LEND LEASE (US) CONSTRUCTION LMB, INC. 750 Third Avenue, 25th Floor New York, NY 10017 TRESSLER LLP Attorneys for Defendants Macklowe Management, LLC and 386 PAS Owner, LLC 744 Broad St., Ste. 1510 Newark, NJ 07102 FIDEN & NORRIS, LLP Attorneys for Defendant Synergy Construction, Inc. 845 Third Ave., 11 th Floor New York, NY 10170 HARRIS, KING, FODERA & CORREIA Attorneys for Defendant Elite Terrazzo Flooring, Inc. One Battery Park Plaza, 29 th Fl. New York, NY 10004-1437 11 of 12
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: 160641/2013 ------------------------------------------------------------------X ANGELENA LUCHEUX and BENJAMIN LUCHEUX, VERIFICATION -against- Plaintiffs, WILLIAM MACKLOWE COMPANY, LLC, MACKLOWE MANAGEMENT, LLC, 386 PAS OWNER, LLC, LEND LEASE (US) CONSTRUCTION LMB, INC., SYNERGY CONSTRUCTION, INC., EASTERN CONCRETE MATERIALS, INC., and ELITE TERRAZZO FLOORING, INC., Defendants. -------------------------------------------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) PETER H. PARETSKY, ESQ., being duly sworn, depose and says that he is the attorney for the plaintiff in the above-entitled action; that he has read the foregoing Second Supplemental Bill of Particulars, and that the same is true to his own knowledge, except as to those matters stated therein to be alleged on information and belief, and as to those matters, he believes them to be true. This verification is made by deponent instead of the said plaintiff because the plaintiff resides outside the County of New York where deponent maintains his offices. Dated: New York, New York April 8, 2016 PETER H. PARETSKY, ESQ. 12 of 12