SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK..-----------------------------------------------------X BH, an infant by mother and natural Index No.:158132/15 guardian VALERIE BLACKWELL, VERIFIED BILL OF Plaintiffs, PARTICULARS -against- THE CITY OF NEW YORK AND THE NEW YORK CITY DEPARTMENT OF EDUCATION....------------......---------X â â â Defendants. PLEASE TAKE NOTICE that the plaintiff, BH, an infant by mother and natural guardian VALERIE BLACKWELL, by her attorneys, ROBERT J. BERKOWITZ & ASSOCIATES, P.C., as and for a Verified Bill Of Particulars herein, respectfully sets forth upon information and belief: 1. Date and time of accident complained of herein: Accident complained of herein occurred on May 2, 2014 at approximately 1:45 p.m.. 2. Location of Accident: Gym at Global Neighborhood Secondary School within the Gymnasium, located at 240 East 109th Street, New York, NY 10029. 3-4. Plaintiff BH sustained the following injuries as a result of the accident complained of herein: LEFT NONDISPLACED DISTAL FIBULAR METADIAPHYSEAL FRACTURE WITH MILD BUCKLING DEFORMITY AT THE LATERAL ASPECT OF THE DISTAL FIBULA. LEFT LEG SWELLING LEFT LEG PAIN. LEFT LEG BRUISING. LEFT LEG ABRASION. The above injuries are accompanied by severe pain, tenderness, swelling, stiffness, discomfort, distress, weakness, depression, stress, psychological difficulties, restriction of
plaintiff FILED: NEW YORK COUNTY CLERK 07/11/2018 04:54 PM INDEX NO. 158132/2015 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 flowing therefrom. Psychological embarrassment due to the scarring, impairment and deformities causing the Plaintiff to make both conscious and subconscious efforts to limit the use and visibility of those areas and impairments. As a result of the above injuries, Plaintiff has suffered and continues to suffer severe pains in the head, severe and persistent headaches, dizziness, nervousness, tension, vertigo, anxiety, irritability, emotional anguish, depression and distress, loss of appetite and difficulty sleeping, Plaintiff has further 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 life including significant impairment of numerous daily activities that plaintiff had previously taken for granted. Limitations, diminution and/or impairment of functions and activities which Plaintiff engaged in prior to this accident. Impairment of spinal integrity and exacerbation of any pre-existing symptomatic and/or asymptomatic spondylitic changes, osteoporosis, arthritis, hypertrophic vertebral changes, narrowing of the vertebral spaces, degenerative vertebral or disc changes. Aggravation, activation and/or precipitation of any underlying hypertrophic, degenerative, arthritic, circulatory arterial, venous or systemic condition complained of. Any and all of the above, injuries at/or near any body joint will result in traumatic arthritis and/or onset or arthritis, osteoarthritis and/or necrosis at an earlier age, at an accelerated rate and with greater severity than would have otherwise occurred. All of the above injuries are permanent in nature and duration, and were caused precipitated, aggravated and/or exacerbated by the aforementioned occurrence. 5. Statement of confinement and disability. Plaintiff B H was conf'med: a. To Hospital for: One (1) Day b. To Bed for: One (1) Month and eleven (11) days c. To Home for: One (1) Month and eleven 11) days
Plaintiff, BH, remains partially disabled as a result of the accident complained of herein. ' 6-7. Plaintiff B H Claims id Damages As Follows: a. Hospital Expenses...to be provided b. Physician's Services...to...to be provided c. Medical Supplies...to...to be provided d. Nurses' Services...to.to be provided e. X-Ray Expenses...to be provided. f. Miscellaneous expenses...to be provided g. Out of Pocket Expenses...to.to be provided Plaintiff reserves the right to amend and/or supplement this information up through and including the time of trial. 8. State the occupation of Plaintiff at the time of the incident: Not Applicable. 9. State the (a) name and address of any school attended by Plaintiff for 5 years prior to the alleged incident and up to the time of trial; (b) the number of days lost from school as a result from the injuries sustained from incident: Global Neighborhood Secondary School, located at 240 East 109* 109 Street, New York, NY 10029; for number of days lost from school see above (5). 10. State the home address of Plaintiff for a period of 5 years prior to the alleged incident to the present: Plaintiff currently resides at. She previously resided at 11. State any other name used by Plaintiff: None 12. State Plaintiff s Date of birth: g~%, social security number: j ~~ 13. State whether Plaintiff is a Medicaid recipient: Not Applicable
Plaintiff 14. Has Plaintiff ever been convicted of a crime: Not Applicable as Plaintiff has never been convicted of any crimes. 15. Loss of Service: Not Applicable. 16. Injuries arising from Motor Vehicle accident: Not Applicable 17. Property damaged: Not Applicable 18. State the matter in which the accident occurred: Plaintiff BH Slipped and fell on water in the gym, which had been dripping from the ceiling. 19. State separately the acts or omissions constituting the alleged negligence: That the defendants, their servants, agents and/or employees were careless and negligent in the ownership, operation, management, maintenance, supervision and control of the said premises, place of business and personnel, and more particularly at the Global Neighborhood Secondary School within the Gymnasium, 240 East 109th Street, New York, NY, 10029; in causing, allowing and permitting said premises and more particularly Global Neighborhood Secondary School within the Gymnasium, 240 East 109th Street. New York, NY, 10029 to come, be and remain in a dangerous, defective, hazardous, unsupervised, unguarded, slick, slippery, unprotected and unsafe condition; in causing, allowing and permitting a dangerous and defective condition to exist without notice or warning of same; in causing the Plaintiff to slip, trip and fall and sustain serious injuries; in failing to hire, furnish and provide competent, qualified, skilled, trained and diligent servants, agents and/or employees to perform such services as were required to be performed upon the said premises; in creating a trap, nuisance and hazard upon the said premises; in failing to promulgate, enforce, instruct, advise, abide by, require or ensue the appropriate rules, regulations, guidelines, procedures, policies or protocols with respect to the performing, rendering or providing of work, labor and services by their servants, agents and/or
employees, particularly with reference to Global Neighborhood Secondary School within the Gymnasium, 240 East 109th Street. New York, NY 10029; in failing to provide a safe, suitable, and adequate place for the Plaintiff to be upon and traverse the said premises; in failing to notify, warn and/or advise the Plaintiff as to the dangerous and defective conditions then present at the time of the accident complained of herein; in failing to post any notice or warning of the said dangerous, defective, slick, slippery, and hazardous condition existing upon said premises at the time of the accident complained of herein; in failing to look, in failing to see, in failing to be observant of the surrounding circumstance; in creating said dangerous, hazardous, slick, slippery, unsupervised, unguarded, unprotected and unsafe condition and in causing, allowing and permitting same to exist and remain for an unreasonably long period of time prior to this accident, when the defendants, their agents, servants and/or employees knew or could and should have known of the existence of said dangerous and hazardous, slick, slippery, unsupervised, unguarded, unprotected condition which existed for an unreasonably long period of time prior to this accident, and a reasonable inspection of the premises, fixtures and appurtenances and personnel thereat, would have revealed the existence of same, and actual notice was given to the defendants, their agents, servants and/or employees prior to this accident; in failing to exercise due and required care, caution and forbearance in the operation, management, maintenance, supervision and control of the said premises, personnel, fixtures and appurtenances thereat, so as to have avoided this accident and the injuries to the Plaintiff, lawfully upon the said premises; in failing to make and/or ensure a necessary inspection and/or supervision of the said premises, personnel, fixtures and appurtenances therein and more particularly with reference to Global Neighborhood Secondary School within the Gymnasium, 240 East 109th Street, New York, NY to erect and/or safeguards around said 10029; in failing barriers the dangerous and defective
condition; in failing to provide competent, skilled, experienced and trained personnel to maintain, manage and control the premises and more particularly with reference to Global Neighborhood Secondary school, 240 East 109* 109 Street. New York, NY 10029; in creating and maintaining a nuisance; in violating those statutes, ordinances, rules and regulations in such cases made and provided, of which this Court will take Judicial Notice at the time of the trial of this action; and in being careless and negligent in the ownership, operation, management, supervision, maintenance and control of the said premises, the personnel thereat and more particularly with reference to Global Neighborhood Secondary School within the Gymnasium, 240 East 109* 109 Street. New York, NY 10029, 20. State separately the acts of each of the answering defendant constituting intentional wrongs: Please see above (19) 21. State the names of the employee or agents of the answering defendant who are alleged to have committed the acts set forth in the items above: The specific names of employees or agents to have committed the acts set forth above will be furnished upon completion of further discovery proceedings. 22. Describe any alleged dangerous defective condition alleged: Plaintiff slipped, tripped and fell due to a collection of liquid within the location of the aforesaid due to a leaking pipe in the ceiling above the location of the accident. 23. State whether any repairs were made prior to the happening of the alleged accident: Plaintiff and his representatives herein do not posses any information regarding prior repairs made. 24. If any prior repairs are alleged, state when and where: See above (23) 25. State whether actual or constructive notice is claimed:
Without in any way conceding that constructive notice is a necessary prerequisite to suit herein, Plaintiff claims that the defendants, their servants, agents, and/or employees had constructive notice of the said dangerous and defective, slick, slippery, hazardous, trap-like and unsafe conditions and caused, allowed and permitted same to exist and remain for an unreasonable long period of time prior to this accident, when they knew or could and should have known of the existence of said dangerous and defectives, slick, slippery, hazardous, traplike and unsafe conditions which existed for an unreasonably long period of time prior to this accident, the exact nature and/or duration of which is not presently known available to the Plaintiff, and subject to further discovery proceedings, and a reasonable inspection and supervision of the premises, apparatus and personnel would have revealed the existence of said dangerous and defective, slick, slippery, hazardous, trap-like and unsafe conditions. Plaintiff is unable to further respond to this demand until completion of further discovery proceedings and depositions. 26. If actual notice is claimed, then set forth the following: Without in any way conceding that actual notice is a necessary prerequisite to suit herein, Plaintiff claims that the defendants, their agents, servants and/or employees, the exact identities of whom are not presently know or available to the plaintiff, and subject to further discovery proceedings, had actual notice of the said dangerous, defective, slick, slippery, hazardous, traplike and unsafe conditions and did create said dangerous and defective, hazardous, encumbered, obstructed, trap-like and unsafe conditions, and were present upon the premises and performed work, labor and services relative to the premises and more particularly with reference to Global Neighborhood Secondary school, 240 East 109"' Street. New York, NY 10029, and actual notice was given to the defendants, their servants, agents and/or employees prior to this accident.
Plaintiff is unable to further respond to this demand until completion of further discovery proceedings and depositions. 27. If Constructive notice is claimed, state the length of time said condition is said to have existed: See above (25) 28. If prior written notice is claimed, specify the nature of such notice: Not Applicable. 29. If prior written notice is claimed, set the forth: Not Applicable, see above (28). 30. State specifically all such statutes, ordinances, rules and regulations alleged to have been violated: The specific statutes, ordinances, rules and regulations violated by Defendants, of which the court will take Judicial notice at the time of trial of this action will be upon completion of further discovery proceedings. 31. If applicable, describe in what respects Defendants failed to provide Plaintiff with a safe place to work: Not Applicable 32. State whether Plaintiff will allege that Defendant was a party to a contract: Not Applicable. 33. Set forth each an every item of construction excavation or demolition work, which Plaintiff will allege, was not so constructed: Not Applicable 34. State whether Plaintiff will allege that this Defendant exercised control over the work being performed at the job site: Not Applicable. 35. State injuries alleged to be grave as defined in the Worker's Compensation Law 11: Not Applicable. 36-41. Alleged Defamation: Not Applicable. 42-50. Police Misconduct: Not Applicable.
.. 51-56. Alleged exposure to Lead-Based Paint: Not Applicable. 57-62. Alleged action for Wrongful Death: Not Applicable. 63-88. Alleged Negligent Emergency Medical Response: Not Applicable. PLEASE TAKE FURTHER NOTICE that Plaintiff, BH, and her Attorneys herein reserve the right to supplement the foregoing response up to and including the time of trial. Dated: September 26, 2016 New York, New York Yours, etc. ROBERT J. BERKOWITZ & ASSOCIATES, P.C. By: 7 E J. ERKOWI Z,..- ATTORNEY OR PL F BH 225 Broadway, Suite 1606 New York, New York 10007 (212) 240-3880 File No: 14-0014 To: ZACHARY CARTER, ESQ. Corporation Counsel Attorneys for Defendants THE CITY OF NEW YORK AND THE NEW YORK CITY DEPARTMENT OF EDUCATION. 100 Church Street New York, New York 10007 City File No.: 2008-039427
. - SUPREME COURT OF THE STATE OF NEW YORK '.'~,"..' -,.. ('.: "....' ~.' "pi'.', ',4~. COUNTY OF WEW YORK "... >-...,", '.:.',-..-'.~~'~4'~ r "~~~@ '~. ' INDEX NO.: 158132/I5.. l- BRIANA HENDERSON, an infant. k by mother and natural Guardian VALERIE BLACKWELL ( -against- Plaintiff, THE CITY OF NEW YORK AND THE NEW YORK CITY DEPARTMENT OF EDUCATION. Defendants. VERIFIED BILL OF PARTICULARS ROBERT J. BERKOWITZ & ASSOCIATES, P.C. Attorney for Plaintiff 225 BROADWAY. SUITE 1606 NEW YORK, NEW YORK 10007 (2 1 2) 240-3880 File No.: 14-0014 Signature(Rule 130-1.t-a) To: ROBER J. BERKOWITZ tittorney(s) for of a Copy of the within is hereby admitted. Signatureand Date PLEASE TAKE NOTICE: NOTICE OF ENTRY rp4 O '~ 1+0 jy" 1/ that the within is a (certified) true Pf:g t@' copy of a duly entered,4in the office of the clerk of the within named court on 20 i '., NOTICE OF SETTLEMENT ~.. I-,-! ~ that an order ~ i ', I,.=,,. ~ l. ~ of which the Q K within is a true will be presented copy for settlement to the HON. One ofthe judges of the within named Court, at 'on' on t 20 at Dated,. Yours, etc. I