SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------X -X IRENE K. NOWAK, t' Plaintiff ' VERIFIED BILL OF PARTICULARS --againstagamstâ Index No.: 500605/2016 THE CITY OF NEW YORK AND NEW YORK CITY TRANSIT AUTHORITY, Defendants. ----------------------------------------------------------------------X â â â â X Plaintiff, by her attorneys, LAW OFFICE OF YURIY PRAKHIN, P. C., responding to the demands of Defendant NEW YORK CITY TRANSIT AUTHORITY for a Verified Bill of Particulars, alleges, upon information and belief: 1. Plaintiff, IRENE K. NOWAK, a.k.a. IRENA KALINOWSKA- WAK esides at 1569 Ocean Avenue #3E, Brooklyn, NY 11230. -X 1A. Plaintiff was born in 1956. o IB. Plaintiff'4 last digits of her social security number are XX e7x-p67 2. The accident happened on January 20, 2015 at approximatelýs:35.m. -~ã -- 3. The accident happened on the roadway adjacent to the bus sop of Fus us #49, located between Avenue J and Avenue K, County of Kings, City and State of New York. 4. Not Applicable. 5. A-C. Not applicable as the accident did not happen on a bus. 6. The abovementioned occurrence and the results thereof were caused by the negligence L» of the Defendants and/or Defendant's servants, agents, employees and/or licensees in the ownership, j'j'jjl, ~go operation, management, maintenance and control of the aforesaid roadway at the said location; in j. causing, allowing and permitting the said portion of the roadway adjacent to the bus stop at the place abovementioned to be, become and remain for a period of time after notice, either actual or constructive, in a broken, defective, cracked, uneven, irregular, unlevel, dangerous and/or hazardous condition; in causing, allowing and permitting a trap to exist at said location; in failing to maintain
the aforesaid the roadway adjacent to the bus stop in a reasonably safe and proper condition; in causing, allowing and permitting an obstruction to Plaintiff's safe passage at said location; in failing to properly maintain and/or repair the lighting conditions at abovementioned location; in causing, allowing and permitting the existence of a condition which constituted a trap, nuisance, menace and danger to a lawful pedestrian; in failing to take necessary steps and measures to prevent the abovementioned location from being used while in said dangerous condition; in failing to give Plaintiff adequate and timely signal, notice or warning of said condition; in negligently and carelessly causing and permitting the aforesaid the roadway adjacent to the bus stop to be and remain in said condition for an unreasonable length of time, resulting in a hazard to the Plaintiff and others; in failing to take suitable and proper precautions for the safety of persons on and using the roadway adjacent to the bus stop to be; and in being negligent, reckless and careless in permitting and/or allowing, after notice, the existence of a dangerous and hazardous condition to protrude from the aforesaid the roadway adjacent to the bus stop at the above location. 7. Please see response 6 above. 8. Plaintiff is claiming Defendants had actual and constructive notice of the aforesaid defect. Actual notice is claimed in that the defendants', their agents, servants and/or employees knew of said condition complained of. Constructive notice is claimed in that the defendants', their agents, servants and/or employees knew or should have known of the condition. 9. See response 8 above. 10. As a result of the occurrence, Plaintiff, IRENE K. NOWAK sustained the following personal injuries, all of which are alleged to be of a permanent nature: 02/04/2015 Open reduction internal fixation of left humerus fracture with fremur allograft Displaced and comminuted fracture of the left humeral neck and proximal shaft; Complex, comminuted fracture of the humerus at the surgical neck and fracture of the greater tuberosity; Complete separation of the proximal shaft of the humerus from the humeral head; Angulation of the humeral head with the greater tuberosity rotated superiorly; Partial subluxation of the humeral head's articulation with the glenoid cavity with superior displacement of the greater tuberosity.
Left radial nerve distortion/parasthesia Left frontal laceration LLE with abrasion over knee; Concussion; Loss of consciousness; Head trauma Straightening of the normal cervical lordosis; The aforesaid injuries to plaintiff, will be permanent and that as a result thereof, she will have permanent pain, discomfort, limitation of motion, limitation and loss of function, power and use, stiffness, irritation, tenderness and soreness to and about the said injured parts and areas. That the foregoing injuries affected the skin, bones, tendons, nerves, muscles, joints, blood vessels and ligaments of the injured parts, produced functional and organic disturbances, sympathetic and radiating to and about the adjacent and surrounding areas, as well as soft tissue damages. The above injuries are accompanied by severe pain, tenderness, swelling, stiffness, nausea, discomfort, distress, weakness, depression, stress, psychological difficulties, restriction of motion and with related injuries, damages, compromise and degeneration of the underlying soft tissues, blood vessels, bones, nerves, tendons, ligaments and musculature and all of the natural consequences following therefrom. As a result of the above injuries, plaintiff has suffered and continues to suffer severe pain and difficulty with prolonged sitting, standing, walking, bending, climbing stairs, lifting or carrying heavy objects, performing strenuous activities, finding a comfortable position or sleeping. Plaintiff has and will continue to experience impairment, disruption and difficulty with daily activities, way of life and enjoyment of lif including significant impairment ofnumerous daily activities. 11A. Dates of Confinement: Plaintiff was admitted as in-patient to King County Hospital Center on 01/20/2015 and discharged on 02/11/2015. Plaintiff was confined to bed for a period of 1
month. Plaintiff has been confined to home from date of accident to the present time. 1IB. Not applicable, as plaintiff was not a student at the time of the accident. 12. Plaintiff reserves her right to supplement information about her lost wages under separate cover. 13. Plaintiff was treated with the following facilities/providers: - Art of Healing Medicine, P.C, - Dmitriy Grinshpun, MD; - Kings County Medical Center; - Vladimir Shur, M.D. Others, to be provided, if any. 14. Refer to response 13 above. 15. Not applicable as plaintiff is not claiming aggravation of a pre-existing injury. 16. Not applicable as plaintiff is not claiming any prior injuries to the areas injured in the subject accident. 17. Other than this action, there is no other action pending in connection with the injuries plaintiff sustained in the subject accident. 18. Special Damages: a. Physician Services: to be supplemented under separate cover: - Dr. Dmitriy Grinshpun - about - Kings County Medical Center about $75,000 and continuing Others- to be supplemented under separate cover. b. Loss of earnings: Plaintiff's lost earnings are approximately $15,360 to date and continuing ($240x64 weeks). c. Anticipated lost earnings: Plaintiff's anticipated lost earnings to be provided, if applicable. d. Anticipated lost earning capacity: Plaintiff's lost earnings capacity to be provided if applicable.
e. Hospitals and clinics: Please refer to response 18a above. f. Nurses' and maid services: Please refer to response 18a above. g. Therapists services: Please refer to response 18a above. h. Other reasonable and necessary expenses: This information will be provided when and if ascertained. 19A. Not applicable, as plaintiff is not claiming any property damage in connection with this accident. 19B. Not applicable, as plaintiffis not claiming loss of use of a vehicle in connection with this accident. 20. Not applicable, as there is no claim for loss of services in connection with this accident. 21. Said information to be provided if applicable. 22. Refer to response 18a above. PLAINTIFF RESERVES THE RIGHT TO SUPPLEMENT, amend and/or correct any information requested, if same is required to provide accurate and correct information in response to the above requested materials. Dated: Brooklyn, New York March 30, 2016 Yours, etc YURIY P, ESQ. LAW OFF E YURIY PRAKHIN, P. C. Attorney IRENA or Plaintiff(s). NOVAK 1883 8 Street, 2nd Floor Brookl n, New York 11214 718-946-5099 Our File No. IG01202015 TO: Lawrence Heisler, Esq. Counsel for NYC Transit For Defendants NEW YORK CITY TRANSIT AUTHORITY 130 Livingston Street Brooklyn, New York 11201
GI ~u SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - - - -- - - - ---------------------------------------------X C~ IRENA K. NOWAK, Plaintiff, SUPPLEMENTAL BILL OF PARTICULARS. Index No.: 500605/2016 -agamst- THE CITY OF NEW YORK and NEW YORK CITY TRANSIT AUTHORITY, Defendant(s). ----------------------------------------------------------------------Xâ â â â â â â â â â â â â â â X Plaintiff, by her attorneys, LAW OFFICE OF YURIY PRAKHIN, P. C., as and for a supplemental Bill of Particulars, alleges, upon information and belief: 10. Plaintiff, IRENA K. NOWAK, claims that she sustained the following personal injuries as a result of the subject accident, in addition to all the previously alleged injuries: - Mild collapse of left humerus head as seen on 02/09/16 x-ray, with questionable non-union mild humeral shaft fracture; - Lesion of the left radial nerve distal to the takeoff branches innervating triceps and anconeus; - Active denervation with increased motor unit amplitude in the left deltoid, possibly involving the axillary nerve; - Compression of both median nerves at the wrist, i.e. carpal tunnel c3 syndrome; - Median nerve involvement proximally by the original injury on the left side cannot be excluded; All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and involvements are associated with further soft tissue injuries to the areas traumatically affected, including: fracture, tearing, derangement and damage to the associated muscle groups, ligaments, tendons, cartilage, blood, tissue, epithelial tissue, all concomitant to the specific injuries and related to the specific portions of the body mentioned hereinabove, with resultant scars, and weakness and hemorrhage, pain, ecchymosis, deformity disability, stiffness, tenderness,
partial restrictions and limitation of motion, pain on motion and loss of use of the abovementioned parts, and atrophy; all of which have substantially prevented the Plaintiff from enjoying the normal fruits of social activities. The Plaintiff reserves the right to prove any and all further consequences and any and all further medical expenses up to and at the time of trial. All of the injuries and conditions caused and/or contributed to the Plaintiff living a lesser quality of life, including loss of enjoyment of life than the Plaintiff would otherwise have experienced, but for the injuries and conditions alleged herein. The Plaintiff suffered, still suffers, and upon information and belief with continue to suffer pain, discomfort and limited movement of the injured portions of his body, including the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues. Upon information and belief, all of the above injuries are permanent and continuing in nature, except for objective signs of contusions and abrasions. 18. Plaintiff, IRENA K. NOWAK, sustained the following special damages as a result of this accident, which are continuing: a. Physician's services: - Dr. Dmitriy Grinshpun -$345.00; - Art of Healing Medicine, P.C. -$262.20; - Dr. Vladimir Shur -$400.00; PLEASE TAKE NOTICE, that Plaintiff reserves the right to serve further, supplemental and/or amended Bill of Particulars up to the time of trial. Dated: Brooklyn, New York September 6, 2016 Yours etc., YURI IN, ESQ. LAW FFICE OF YURIY PRAKHIN, P, C.
Attorneys for Plaintiff(s) IRENA K. NOWAK 1883 86th Street, 2nd Floor Brooklyn, New York 11214 (718) 946-5099 Our File No. IG01202015 TO: LAWRENCE HEISLER Attorneys for Defendant NEW YORK CITY TRANSIT AUTHORITY 130 Livingston Street Brooklyn, New York 11201 (718) 694-3864 Your File No.: BU-15-01-20-19-001
NYSCEF DOC. NO. 75 r RECEIVED NYSCEF: 07/10/2018 SUPREME COURT OF THE STATE OF NEW YORK o COUNTY OF KINGS ----------------------------------------------------------------------X 1 IRENA K. NOWAK SECOND SUPPLEMENTAL BILL OF PARTICULARS Plaintiff, -against- Index No.: 500605/2016 THE CITY OF NEW YORK and NEW YORK CITY TRANSIT AUTHORITY, Defendant(s).... ----------------------------------------------------------------------X â â â â â â â â â â â â â - â â â â â Plaintiff, by her attorneys, LAW OFFICE OF YURIY PRAKHIN, P. C. as and for a Second Supplemental Bill of Particulars, alleges, upon information and belief: 3. Plaintiff, IRENA K. NOWAK, claims that she sustained the followirig personal injuries as a result of the subject accident, in addition to all the previously claimed personal injuries: - Complete iatrogenic radial nerve pasly - Sensory deficits in radial nerve distribution - Non union at the fracture site - Symptoms of entrapment neuropathy PLEASE TAKE NOTICE, that Plaintiff reserves the right to serve further, supplemental and/or amended Bill of Particulars up to the time of trial. Dated: Brooklyn, New York October 16, 2016 Yours etc., YURIY P IN, ESQ. r LAW OF OF YURIY PRAKHIN, P. C. Attorneys tor Plaintiff(s) IRENA K. NOWAK 1883 86th Street, 2nd Floor Brooklyn, New York 11214 (718) 946-5099 Our File No. IG01202015
TO: LAWRENCE HEISLER Attorneys for Defendant NEW YORK CITY TRANSIT AUTHORITY 130 Livingston Street Brooklyn, New York 11201 (718) 694-3864 Your File No.: BU-15-01-20-19-001