SUPREME COUR'1' COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - â --- ---- â â â â â ---- â â â â â â â â â â --- ---- â - â â â â â â â â â â --------X YELENA GRABSHTEYN and OLEG GLOZSHTEYN, Plaintiffs, VERIFIED BILL OF PARTICULARS -against- Index No.: 158635/2016 719 SEVENTH TIC 1 OWNER LLC, and PAVARINI MCOOVERN, LLC, Defendants. ---- â â â â --X-X Plaintiffs, by their attorneys, SCHWARTZ GOLDSTONE 4 CAMPISI, LLP, responding to the demands of Defendants 719 SEVENTH TIC 1 OWNER LLC and PAVARINI MCGOVERN, LLC, for a Verified Bill of Particulars, allege, upon information and belief, as follows: 1. Plaintiff YELENA GRABSHTEYN was born on 1980. Demand for social security number is improper for a Bill of Particulars. 2. Plaintiff YELENA GRABSHTEYN resided at the time of commencement of the action and still resides ' at Morganville, NJ 3. See particular "2". 4. The accident herein occurred on July 12, 2016 at or about 5:03 p.m. 5. The accident herein occurred on the sidewalk adjacent to the premises at 719 7th Avenue, in the City, County and State of New York; and more specifically, at the south side of West 486 Street, 72" east of 76 Avenue. 6. Defendants, their agents, servants, licensees contractors, subcontractors, employees and other affiliates agencies and departments, and those acting under its direction, behest, permission and control in the ownership, operation, designing, creating, management maintenance, contacting, subcontracting, supervision, authorizing use and control by defendant, of the. the sidewalk adjacent to the
premises known as 719 7th Avenue, in the City, County and State of New York; in causing, permitting and allowing the aforesaid sidewalk surface to be, become and remain in a broken, loose, dilapidated, defective, jagged, crumbled, dangerous and trap-like condition, containing holes, cracks, crevices, raised and uneven portions, and depressions and missing parts; causing, permitting and allowing the aforesaid sidewalk surface to contain holes, cracks, crevices, raised and uneven portions and depressions and missing parts; in failing and neglecting to repair the aforesaid sidewalk surface in a prudent, reasonable, effective and otherwise safe manner; in causing, permitting and allowing the condition,' aforesaid sidewalk to be, become and remain in a dangerous and hazardous condition; in failing to provide Plaintiff with a safe place to traverse; in failing to provide Plaintiff with a hazard-free place to traverse; in failing to provide Plaintiff with proper, appropriate and safe sidewalk; in failing and neglecting to section off the defective condition; in failing and neglecting to reroute pedestrians lawfully thereat to a safe and unobstructed sidewalk; in failing to properly maintain said sidewalk; in failing to properly maintain said area; in allowing the sidewalk to become obstructed, cracked, uneven, raised, depressed, missing portions thereof, deteriorated, and/or in a state of disrepair and/or improper repair; in failing to inspect said sidewalk; in causing, permitting and allowing a trap, hazard and nuisance to be and exist for an excessive and unreasonable period of time, despite actual and constructive notice; in failing to take any necessary steps to alleviate said condition; in failing to undertake proper and/or adequate safety studies and/or surveys; in failing to properly repair said sidewalk; in failing to erect barricades, or otherwise restrict use of aforesaid area to prevent a hazard, trap and nuisance from endangering persons lawfully upon the aforesaid premises and, more particularly, the plaintiff herein; in failing to warn persons lawfully upon the aforesaid sidewalk, and more particularly, the plaintiff herein, of the subject hazard, trap and nuisance; in permitting and allowing the aforesaid sidewalk to become and remain in a cracked, uneven, raised, depressed, missing portions thereof, deteriorated, and/or in a state of disrepair and/or improper repair; in failing to avoid the aforesaid accident which was foreseeable; in negligently, carelessly and recklessly causing, permitting and allowing said sidewalk area to be, become and remain improperly repaired and/or resurfaced; and in failing and neglecting to replace, repair, refurbish, and/or restore said sidewalk and
.. dangerous surface; in failing and neglecting to warn or apprize persons lawfully traversing the sidewalk, particularly the Plaintiff, of the dangerous and defective condition then and there existing; in failing and neglecting to reroute pedestrians lawfully thereat to a safe and unobstructed sidewalk; in acting with reckless disregard for the safety of others; in acting in a wanton, reckless and malicious manner; Defendants violated the applicable rules, laws, regulations, and statutes in such cases made and provided and of which the Court will take judicial notice at the trial hereof. 7. Defendant(s) had both actual and constructive notice of the condition herein. 8. Actual notice is claimed in that Defendant(s) caused, created, permitted, allowed, observed or were aware that said condition existed. 9. Constructive notice is claimed in that the defective and or dangerous condition herein existed for such a period of time that the Defendant(s) knew or should have known that such condition existed. Defendant(s) had constructive notice of dangerous, hazardous and defective condition by virtue of the fact that Defendant(s), their agents, servants and/or employees knew or should have known of said dangerous, hazardous and defective condition in that said condition ot' existed for an unreasonable length of time prior to said accident, Moreover, this information is within the exclusive knowledge of Defendant(s) and will be furnished and/or supplemented upon the ol' completion of discovery. 10. In connection with the accident plaintiff was treating with the following medical providers: Robert Wood Johnson University Hospital, One Robert Wood Johnson Place, New Fast' Brunswick, NJ 08901; and Hospital for Special Surgery, 535 East 70th Street, New York, New York 10021, Mullaney & Associates, 127 Main Street, Matawan, NJ 07747. I 1. As a result of the occurrence, the PlaintiffYELENA GRABSHTEYN sustained the following personal injuries, all of which are alleged to be of a permanent nature: FRACTURE OF THE RIGHT PATELLA REQUIRING PLAINTIFF TO UNDERGO THE FOLLOWING SURGICAL PROCEDURE: OPEN REDUCTION AND INTERNAL FIXATION OF RIGHT PATRI LA; INCLUDING FIXA"I ION OF 2.4/2.7 MM SYNTHKS
CAGE PLATE AND MULTIPLE SCREWS: RESULTING IN SEVERE PAIN, LOSS OF MOBILITY, LOSS OF USE, ALTERED GAIT, SURGICAL SCARRING 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, hemorrhage, pain, ecchymosis, arthritis, deformity and disability; stiffness, tenderness, weakness and partial restriction and limitation of motion, pain on motion and loss of use of the abovementioned parts; atrophy, anxiety and mental anguish; 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. a) Upon information and belief, all of the above injuries are permanent and continuing in nature, except for objective signs of contusions and abrasions. 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 will continue to suffer pain, discomfort and limited movement of the injured portions of her body, including the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues. 12. Plaintiff YELENA GRABSHTEYN was confined to bed for one month following the accident, and intermittently thereafter.
Plaintiff FILED: NEW YORK COUNTY CLERK 07/09/2018 06:16 PM INDEX NO. 158635/2016 PiaintifT' Plaintiff YELENA GRABSHTEYN was confined to home for a period of five months following the accident, and intermittently thereafter and continuing. 13. Plaintiff YELENA GRABSHTEYN was confined to the Emergency Room ofrobert 1 Wood Johnson University Hospital, One Robert Wood Johnson Place, New Brunswick, NJ 08901, on 7/13/2016; thereafter, she was confined to Hospital for Special Surgery, 535 East 70th Street, New York, NY 10021, where she underwent a surgical procedure on 7/23/2016. 14, At the time of the occurrence Plaintiff YELENA GRABSHTEYN was a homemaker. 15. Plaintiff YELENA GRABSHTEYN was not employed. 16. As a result of subject accident, Plaintiff incurred the following special damages: Physicians' Services: approx. $18,000 Hospital Expenses:,approx. $46,000 Nursing Services: included in above MRI/X-Ray Services: approx. $9,000 Prescription Drugs: approx. $500 17. Not applicable. Plaintiff was not sel f-employed at the time of the occurrence. 18. Plaintiff claims that Defendant(s)jointly and severally violated the following statutes, ordinances, regulations or rules of the State or City ofnew York or their subdivisions: Section 692-4.0, 692c-1.0, 692c-2,0, 2.0, 3.0, Title 19 Transportation: Subchapter 1, Sec. 19-152, and Section 7-210, 7-230 and 2-09(f) of the New York City Administrative Code, along with all other statutes, ordinances, regulations or rules that the Court will take judicial notice of at the time of trial. 19. Names and addresses of witnesses: to be provided, if any. 20. Plaintiff OLEG GLOZS.HTEYN was and still is the spouse of Plaintiff YELENA GRABSHTEYN with whom at all the times herein mentioned he resided and still resides, and this Plaintiff was and is entitled to the services, companionship, love, affection, earnings and consortium of his said spouse. That by reason of this occurrence and the injuries sustained by Plaintiff YRLKNh YKLENA GRA3LSHTEYN, GRABS HTKYN, this Plaintiff was and will be deprived of thc society, companionship,
services, earnings and consortium of his said spouse and Plaintiff has been compelled to and did expend sums of money for medical aid and attention all in an effort to cure his spouse of her said injuries and upon information and belief, will be compelled to expend further sums of money in the future for said purposes. 21. Not applicable, plaintiff was not employed. 22. Not applicable. Plaintiff is not covered under no-fault. ol' 23. Plaintiff sustained serious injury as defined by 5102 of the Insurance Law of the State of New York including but not limited to a fracture; a significant disfigurement; permanent 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 constitute her 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 basic loss as defined by ol' 5102 of the Insurance 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 professional health services; and all other reasonable and necessary expenses incurred. 24. Not applicable. Plaintiff is not covered under Section 671 of the Insurance Law of State of New York. 25. Not applicable, Plaintiff is not covered under Section 671 of the Insurance Law of State of New York. 26. The defect or condition which caused the accident consisted of raised, uneven, depressed, broken, disrepaired condition of the sidewalk adjacent to the premises at 719 7th Avenue, in the City, County and State of New York. 27. This is an improper demand for, a Bill of Particulars. 28, Sec particular P5.
29. See particular #26. Dated: New York, New York January 3, 2017 Yours,. MORDECAI T. SCH ARTZ SCHWART7 GOLDSTONE & CAMPISI, LLP Attomeys for Plaintiff(s) YELENA GRABSHTEYN and OLEG GLOZSHTEYN 90 Broad Street, Suite 403 New York, New York 10004 212-962-2800 Our File No. 4941 TO: BARRY, McTIERNAN 4.MOORE Attorneys for Defendant(s) 719 SEVENTH TIC 1 OWNER LLC AND PAVARINI MCGOVERN, LLC 2 Rector Street, 14th Floor New York, NY 10006 (212) 313-3600
ATTORNEY'S VERIFICAT.ION MORDECAI T. SCHWARTZ, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am an attorney at SCHWARTZ GOLDSTONE & CAMPISI, LLP, attorneys of record for Plaintiffs, YELENA GRABSHTEYN and OLEG GLOZSHTEYN, in the action within. I have read the annexed BILL 01 PARTICULARS and know the contents thereof, 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 matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. This verification is made by me because Plaintiffs do not reside in the county wherein I maintain my offices. DATED: New York, New York January 3, 2017 MORDL" CAI T, SCI'I AR.TZ
AFFIDAVIT OF SERVICE BY MAIL Index No.: 158635/2016 STATE OF NEW YORK } COUNTY OF NEW YORK } } ss: Patyka, being duly sworn, deposes and says: I am not a party to this action, I am over 18 years of age and reside in Staten Island, State of New York. That on the / day of January, 2017, I served the within Verified Bill of Particulars Upon: Roger P. McTiernan, Jr. BARRY, McTIERNAN 4 MOORE 2 Rector Street, 14th Floor New York, NY 10006 (212) 313-3600 at the address designated by said attorney(s) for that purpose, by depositing a true copy of same securely enclosed in a post-paid properly addressed wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service within the State of New York. Irina Patyka Sworn to before me this day of January, 2017 Notary Public MORDECAl T, SCHWARTZ NOTARY PUBUC, STATE OF NEW YORK No. 4803598 pe' Qualified in Richmond county Cornrnlssion Expires Msroh 30, 20