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FILED: KINGS COUNTY CLERK 02/05/2019 08:56 AM INDEX NO. 520647/2017
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/05/2019
MCS/tmk 520647/17E
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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SHADEL JACKSON,
NOTICE MOTION OF
Plaintiff
TO DISMISS/COMPEL
-against-
Index No. 520647/17E
MICHEL R. FRANCOUER, ANETTE O. MORGAN
Justice Assigned:
and NASHON ONIEL SADDLAR,
Hon. Wavny Toussaint
Defendants
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MOTION MADE BY: MARTYN AND MARTYN
Attorneys for Defendant
MICHEL R. FRANCOUER
330 Old Country Road, Suite 211
Mineola, New York 11501
RETURN DATE AND TIME: March 12, 2019 at 9:30 A.M. or as soon thereafter
as counsel can be heard
PLACE: SUPREME COURT, COUNTY OF KINGS, to be
held at the Courthouse located at 360 Adams
Street, Brooklyn, New York 11201
SUPPORTING PAPERS: Affirmation of Megan C. Brady and Exhibits
annexed thereto
RELIEF REQUESTED: a) For an Order pursuant to CPLR §3126,
dismissing the plaintiff's Complaint with
prejudice for failing to comply with discovery
previously ordered by the Court; or
b) In the alternative, an Order pursuant to
CPLR§§3124 and 3126 compelling plaintiff to
appear for an Independent Medical
Examination by a date certain or else be
precluded from offering any evidence as to
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liability and damages at the time of trial; and
c) An extension of time for an additional 120
days to make any dispositive motions once
discovery has been completed; and
d) Any further relief which this Court deems just
and proper.
ANSWERING PAPERS: All answering papers if any are to be served seven
(7) days prior to the return date or adjourned date
of this motion, pursuant to C.P.L.R. §2214(b)
Dated: Mineola, New York
January 25, 2019
Yours & etc.,
MARTYN AND MARTYN
Attorneys for Defendant
MICHEL R. FRANCOUER
330 Old Country Road, Suite 211
Mineola, New York 11501
516-739-0000
By:
Megan C. B a y, Es .
TO: GARY P. KAUGET, P.C.
Attorneys for Plaintiff
9201 Fourth Avenue, Suite 707
Brooklyn, NY 11209
(718) 833-2496
LAW OFFICES OF KAREN L. LAWRENCE
Attorneys for Defendants
ANETTE O. MORGAN and
NASHON ONIEL SADDLAR
208"
Four Metrotech Center, Floor
Brooklyn, New York 11201
(718) 451-7100
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------- X
SHADEL JACKSON,
Plaintiff,
Index No. 520647/17E
-against-
AFFIRMATION OF
MICHEL R. FRANCOUER, ANETTE O. MORGAN GOOD FAITH
and NASHON ONIEL SADDLAR,
Defendants
-------------------- X
MEGAN C. BRADY, an attorney duly admitted to practice law before the Courts of the
State of New York, affirms the following to be true, upon information and belief, under penalties
of perjury:
1. I am associated with the law firm of MARTYN AND MARTYN, attorneys for
the defendant, MICHEL R. FRANCOUER("FRANCOUER"). I am fully familiar with the facts
and circumstances sét forth herein based upon my review of a file maintained in this office.
2. The moving defendant has attempted in good faith to resolve the issues set forth
herein on multiple occasions.
3. This has included rescheduling of the Independent Medical Examination and
conferences.
4. Despite these good faith attempts, defendant has been unable to resolve the issues
set forth herein such that the defendant has no alternative but to seek the intervention of the
Court at this time.
Dated: Mineola, New York
January 25, 2019
ME AN C. BRADY
3
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_________________________________________ ----X
SHADEL JACKSON,
Plaintiff,
Index No. 520647/17E
-against-
AFFIRMATION IN
MICHEL R. FRANCOUER, ANETTE O. MORGAN SUPPORT
and NASHON ONIEL SADDLAR,
Defendants
------------------ ----------------X
MEGAN C. BRADY, an attorney duly admitted to practice law before the Courts of the
State of New York, affirms the following to be true, upon information and belief, under penalties
of perjury:
1. I am associated with the law firm of MARTYN AND MARTYN, attorneys for
the defendant, MICHEL R. FRANCOUER ("FRANCOEUR"). I am fully familiar with the facts
and circumstances set forth herein based upon my review of a file maintained in this office.
2. This affirmation is respectfully submitted in support of the within Motion for an
Order pursuant to CPLR §3126 dismissing plaintiff's Complaint for failing to provide court
ordered discovery; or, an Order pursuant to CPLR §§3124 and 3126 compelling plaintiff to
appear for an Independent Medical Examination ("IME") by a date certain or else be precluded
from offering any evidence as to damages at the time of trial; and extending defendant's time to
move for summary judgment an additional 120 days from the completion of all remaining
discovery.
3. This is an action to recover for alleged personal injuries sustained by plaintiff in a
motor vehicle accident that occurred on December 10, 2015 at or near 114 Street and N. Conduit
Avenue, Queens, New York.
4. The plaintiff commenced this action via filing and service of a Summons and
Complaint on or about October 25, 2017. See Summons and Complaint, annexed hereto
4
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collectively as Exhibit A. Issue was joined, via service of an Answer, dated March 26, 2018.
See Verified Answer, annexed hereto as Exhibit B.
5. On June 15, 2018, a Preliminary Conference was held and the following order
was entered: a) Compliance Conference to be held on 12/4/18 b) Discovery End Date/Note of
Issue due 5/11/19; c) Insurance coverage (including excess and umbrella coverage to be provided
within 30 days; d) Defendant to serve Bill of particulars within 45 days; e)
HIPAA compliant
Authorizations for actual records of all healthcare providers, diagnostic tests, X-rays, MRI,
EMG, CT scans for injuries claimed in BP within 30 days; f) Plaintiffs within 60 days of filing
Note of Issue must serve defendants Fresh HIPAA compliant authorizations for all known health
care providers; g) Depositions on 10/16/18; h) Defendants to schedule IME's within 45 days of
the Plaintiffs Deposition; i). IME to be held within 30 days of the Plaintiffs Deposition; j) All
parties'
parties to exchange names and addresses of all witnesses, opposing statements,
photographs, surveillance tapes and accident reports prepared in the ordinary course of business.
If none, an affirmation to that effect shall be provided; k) authorizations for plaintiffs (for year
before, year of and year after) employment attendance records, IRS if self-employed or W2; 1)
Plaintiff to provide No-Fault or Collateral Source authorization. All to be completed within 45
Days; m) All parties shall
supply expert witness disclosure pursuant to CPLR; n) impleader
actions to be completed with 60 days after completion of EBTs. See Order, annexed hereto as
Exhibit C.
6. The EBT of the plaintiff went forward on October 16, 2018. Subsequently thereto
the plaintiff's IME was scheduled for November 28, 2018. However the plaintiff did not show
and the IME has yet to be rescheduled.
7. On or about December 4, 2018, the parties appeared for a Compliance Conference
and the following Order was issued: a) Plaintiff to provide all
outstanding authorizations within
20 days; b)
All outstanding responses to Discovery and Inspection requests within 20 days; c)
Deposition of remaining defendant on 1/17/19 to the extent not done; d) Independent Medical
Examination to be designated by 12/19/18 and held on or before 12/26/19; e) Medical Reports
5
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exchanged within 45 days; f) Plaintiff shall file a Note of Issue on or before 8/12/19 or action
may be dismissed. See Order, annexed hereto as Exhibit D.
8. The defendant is unable to prepare any type of adequate defense or continue any
meaningful or relevant investigation of plaintiff's claims without the requested physical
examination. Defendant would be significantly prejudiced if not permitted to obtain the
examination and the outstanding discovery responses.
9. It is apparent that the plaintiff will not comply with defendant's request for
physical examination or absent a ruling by this Court. Plaintiff's refusal to present for an IME to
be willful and intended to prejudice the proper defense of this matter.
10. Under the circumstances, plaintiff should not be permitted to thwart defendant's
efforts to defend against this claim and, thus, in order to vitiate the prejudice which has inured to
FRANCOEUR as a result of plaintiff's refusal to present for an Independent Medical
Examination, an Order should be entered pursuant to CPLR §3124, compelling plaintiff to
submit to a physical examination, by a date certain, or else be precluded from offering any
evidence as to damages at the time of trial.
WHEREFORE, it is respectfully requested that MICHEL FRANCOEUR's motion be
granted in all respects and an Order entered accordingly, along with such other and further relief
as the Court deems just and proper.
Dated: Mineola, New York
January 25, 2019
ME AN C. B ADY
6
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L 78 R5 520647/17E
STATE OF NEW YORK: COUNTY OF NASSAU :SS.:
Ravin McDonald being duly sworn, deposes and says, that she is not a party to this action; that she is over
the age of 18 years and a clerk in the office of MARTYN AND RTYN th attorneys for MICHEL R.
FRANCOUER defendant herein; that on the day of , Ó9, s e served the annexed NOTICE OF
MOTION AND AFFIRMATION upon undersigne attorneys by mailing a true copy in a postpaid wrapper in a Post
Office box maintained by the United States, direc d to them at the addresses shown, heretofore designated by them
for that purpose.
NAME AND ADDRESS ATTORNEY FOR
GARY P. KAUGET, P.C.
Attorneys for Plaintiff
9201 Fourth Avenue, Suite 707
Brooklyn, NY 11209
(718) 833-2496
LAW OFFICES OF KAREN L. LAWRENCE
Attorneys for Defendants
ANETTE O. MORGAN and
NASHON ONIEL SADDLAR
2002
Four Metrotech Center, Floor
Brooklyn, New York 11201
(718) 451-7100
Attorney Certification:
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admMed to practice in the courts of New York
State, certifies that, upon information and belief, and after reasonable inquiry, the ccatenticñs contained in
the annexed documant(s) are not frivolous.
E AN C. B
Sworn to before me, this
day of Jagggly, 2019. Ravin McDonald
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Index No. 520647/17E
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
SHADEL JACKSON,
Plaintiff,
-against-
MICHEL R. FRANCOUER, ANETTE O. MORGAN
and NASHON ONIEL SADDLAR,
Defendants
NOTICE OF MOTION & AFFIRMATION
MARTYN AND MARTYN
Attorneys for Defendants
Office and P.O. Address
330 Old Country Road, Suite 211
Mineola, New York 11501
516-739-0000 Fax 516-739-0329
8
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EXHIBIT A
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
X
SHADEL JACKSON,
Plaintiffs, VERIFIED COMPLAINT
-against- Index Number:
Date Filed:
MICHEL R. FRANCOEUR, ANETTE O. MORGAN
and NASHON ONIEL SADDLAR,
Defendants.
X
Plaintiff, by her attorney, Gary P. Kauget, P.C.
complaining of the defendants MICHEL R. FRANCOEUR, ANETTE O. MORGAN
and NASHON ONIEL SADDLAR, alleges upon information and belief as
follows:
FIRST: That at all times hereinafter mentioned,
the defendant MICHEL R. FRANCOEUR, owned a 2009 Nissan motor
vehicle bearing New York State registration number FCM5590 for the
year 2015.
SECOND: That at all times hereinafter mentioned,
the defendant, MICHEL R. FRANCOEUR, operated the aforesaid motor
vehicle.
THIRD: That at all times hereinafter mentioned,
the defendant ANETTE O. MORGAN, owned a 2009 Infinity motor vehicle
bearing New York State registration number GWT8869 for the year
2015.
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THIRD: That at all times hereinafter mentioned,
the defendant NASHON ONIEL SADDLAR, operated the aforesaid motor
vehicle.
FOURTH: That at all times hereinafter
mentioned, the defendant NASHON ONIEL SADDLAR, operated the
aforesaid motor vehicle with the permission, consent and knowledge
of the owner Defendant, ANETTE O. MORGAN.
FIFTH: That at all times hereinafter
mentioned, plaintiff SHADEL JACKSON, was a passenger in the motor
vehicle owned and operated by the respective defendants ANETTE O.
MORGAN and NASHON ONIEL SADDLAR, bearing New York State
registration number GWT8869.
SIXTH: That at all times hereinafter
mentioned, 114 Street or near its intersection with North Conduit,
in the County of Queens, City and State of New York were and are
public thoroughfares.
SEVENTH: That on or about December 10, 2015,
at the aforesaid location, the motor vehicle owned and operated by
the respective defendants ANETTE O. MORGAN and NASHON ONIEL
SADDLAR, in which plaintiff SHADEL JACKSON was a passenger, and
the motor vehicle owned and operated by the defendant, MICHEL R.
FRANCOEUR, were in contact.
EIGHTH: That the defendants were careless,
reckless, and negligent in the ownership, operation, maintenance
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and control of their motor vehicles under the circumstances then
and there existing.
NINTH: That the foregoing occurrence was caused
solely and wholly as a result of the negligence of the defendants,
their agents, servants, and employees, without any negligence on
the part
Preview
FILED: KINGS COUNTY CLERK 02/05/2019 08:56 AM INDEX NO. 520647/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/05/2019 MCS/tmk 520647/17E SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------X SHADEL JACKSON, NOTICE MOTION OF Plaintiff TO DISMISS/COMPEL -against- Index No. 520647/17E MICHEL R. FRANCOUER, ANETTE O. MORGAN Justice Assigned: and NASHON ONIEL SADDLAR, Hon. Wavny Toussaint Defendants ------------------------------------------------------------------X MOTION MADE BY: MARTYN AND MARTYN Attorneys for Defendant MICHEL R. FRANCOUER 330 Old Country Road, Suite 211 Mineola, New York 11501 RETURN DATE AND TIME: March 12, 2019 at 9:30 A.M. or as soon thereafter as counsel can be heard PLACE: SUPREME COURT, COUNTY OF KINGS, to be held at the Courthouse located at 360 Adams Street, Brooklyn, New York 11201 SUPPORTING PAPERS: Affirmation of Megan C. Brady and Exhibits annexed thereto RELIEF REQUESTED: a) For an Order pursuant to CPLR §3126, dismissing the plaintiff's Complaint with prejudice for failing to comply with discovery previously ordered by the Court; or b) In the alternative, an Order pursuant to CPLR§§3124 and 3126 compelling plaintiff to appear for an Independent Medical Examination by a date certain or else be precluded from offering any evidence as to 1 1 of 25 FILED: KINGS COUNTY CLERK 02/05/2019 08:56 AM INDEX NO. 520647/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/05/2019 liability and damages at the time of trial; and c) An extension of time for an additional 120 days to make any dispositive motions once discovery has been completed; and d) Any further relief which this Court deems just and proper. ANSWERING PAPERS: All answering papers if any are to be served seven (7) days prior to the return date or adjourned date of this motion, pursuant to C.P.L.R. §2214(b) Dated: Mineola, New York January 25, 2019 Yours & etc., MARTYN AND MARTYN Attorneys for Defendant MICHEL R. FRANCOUER 330 Old Country Road, Suite 211 Mineola, New York 11501 516-739-0000 By: Megan C. B a y, Es . TO: GARY P. KAUGET, P.C. Attorneys for Plaintiff 9201 Fourth Avenue, Suite 707 Brooklyn, NY 11209 (718) 833-2496 LAW OFFICES OF KAREN L. LAWRENCE Attorneys for Defendants ANETTE O. MORGAN and NASHON ONIEL SADDLAR 208" Four Metrotech Center, Floor Brooklyn, New York 11201 (718) 451-7100 2 2 of 25 FILED: KINGS COUNTY CLERK 02/05/2019 08:56 AM INDEX NO. 520647/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/05/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------- X SHADEL JACKSON, Plaintiff, Index No. 520647/17E -against- AFFIRMATION OF MICHEL R. FRANCOUER, ANETTE O. MORGAN GOOD FAITH and NASHON ONIEL SADDLAR, Defendants -------------------- X MEGAN C. BRADY, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the following to be true, upon information and belief, under penalties of perjury: 1. I am associated with the law firm of MARTYN AND MARTYN, attorneys for the defendant, MICHEL R. FRANCOUER("FRANCOUER"). I am fully familiar with the facts and circumstances sét forth herein based upon my review of a file maintained in this office. 2. The moving defendant has attempted in good faith to resolve the issues set forth herein on multiple occasions. 3. This has included rescheduling of the Independent Medical Examination and conferences. 4. Despite these good faith attempts, defendant has been unable to resolve the issues set forth herein such that the defendant has no alternative but to seek the intervention of the Court at this time. Dated: Mineola, New York January 25, 2019 ME AN C. BRADY 3 3 of 25 FILED: KINGS COUNTY CLERK 02/05/2019 08:56 AM INDEX NO. 520647/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/05/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _________________________________________ ----X SHADEL JACKSON, Plaintiff, Index No. 520647/17E -against- AFFIRMATION IN MICHEL R. FRANCOUER, ANETTE O. MORGAN SUPPORT and NASHON ONIEL SADDLAR, Defendants ------------------ ----------------X MEGAN C. BRADY, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the following to be true, upon information and belief, under penalties of perjury: 1. I am associated with the law firm of MARTYN AND MARTYN, attorneys for the defendant, MICHEL R. FRANCOUER ("FRANCOEUR"). I am fully familiar with the facts and circumstances set forth herein based upon my review of a file maintained in this office. 2. This affirmation is respectfully submitted in support of the within Motion for an Order pursuant to CPLR §3126 dismissing plaintiff's Complaint for failing to provide court ordered discovery; or, an Order pursuant to CPLR §§3124 and 3126 compelling plaintiff to appear for an Independent Medical Examination ("IME") by a date certain or else be precluded from offering any evidence as to damages at the time of trial; and extending defendant's time to move for summary judgment an additional 120 days from the completion of all remaining discovery. 3. This is an action to recover for alleged personal injuries sustained by plaintiff in a motor vehicle accident that occurred on December 10, 2015 at or near 114 Street and N. Conduit Avenue, Queens, New York. 4. The plaintiff commenced this action via filing and service of a Summons and Complaint on or about October 25, 2017. See Summons and Complaint, annexed hereto 4 4 of 25 FILED: KINGS COUNTY CLERK 02/05/2019 08:56 AM INDEX NO. 520647/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/05/2019 collectively as Exhibit A. Issue was joined, via service of an Answer, dated March 26, 2018. See Verified Answer, annexed hereto as Exhibit B. 5. On June 15, 2018, a Preliminary Conference was held and the following order was entered: a) Compliance Conference to be held on 12/4/18 b) Discovery End Date/Note of Issue due 5/11/19; c) Insurance coverage (including excess and umbrella coverage to be provided within 30 days; d) Defendant to serve Bill of particulars within 45 days; e) HIPAA compliant Authorizations for actual records of all healthcare providers, diagnostic tests, X-rays, MRI, EMG, CT scans for injuries claimed in BP within 30 days; f) Plaintiffs within 60 days of filing Note of Issue must serve defendants Fresh HIPAA compliant authorizations for all known health care providers; g) Depositions on 10/16/18; h) Defendants to schedule IME's within 45 days of the Plaintiffs Deposition; i). IME to be held within 30 days of the Plaintiffs Deposition; j) All parties' parties to exchange names and addresses of all witnesses, opposing statements, photographs, surveillance tapes and accident reports prepared in the ordinary course of business. If none, an affirmation to that effect shall be provided; k) authorizations for plaintiffs (for year before, year of and year after) employment attendance records, IRS if self-employed or W2; 1) Plaintiff to provide No-Fault or Collateral Source authorization. All to be completed within 45 Days; m) All parties shall supply expert witness disclosure pursuant to CPLR; n) impleader actions to be completed with 60 days after completion of EBTs. See Order, annexed hereto as Exhibit C. 6. The EBT of the plaintiff went forward on October 16, 2018. Subsequently thereto the plaintiff's IME was scheduled for November 28, 2018. However the plaintiff did not show and the IME has yet to be rescheduled. 7. On or about December 4, 2018, the parties appeared for a Compliance Conference and the following Order was issued: a) Plaintiff to provide all outstanding authorizations within 20 days; b) All outstanding responses to Discovery and Inspection requests within 20 days; c) Deposition of remaining defendant on 1/17/19 to the extent not done; d) Independent Medical Examination to be designated by 12/19/18 and held on or before 12/26/19; e) Medical Reports 5 5 of 25 FILED: KINGS COUNTY CLERK 02/05/2019 08:56 AM INDEX NO. 520647/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/05/2019 exchanged within 45 days; f) Plaintiff shall file a Note of Issue on or before 8/12/19 or action may be dismissed. See Order, annexed hereto as Exhibit D. 8. The defendant is unable to prepare any type of adequate defense or continue any meaningful or relevant investigation of plaintiff's claims without the requested physical examination. Defendant would be significantly prejudiced if not permitted to obtain the examination and the outstanding discovery responses. 9. It is apparent that the plaintiff will not comply with defendant's request for physical examination or absent a ruling by this Court. Plaintiff's refusal to present for an IME to be willful and intended to prejudice the proper defense of this matter. 10. Under the circumstances, plaintiff should not be permitted to thwart defendant's efforts to defend against this claim and, thus, in order to vitiate the prejudice which has inured to FRANCOEUR as a result of plaintiff's refusal to present for an Independent Medical Examination, an Order should be entered pursuant to CPLR §3124, compelling plaintiff to submit to a physical examination, by a date certain, or else be precluded from offering any evidence as to damages at the time of trial. WHEREFORE, it is respectfully requested that MICHEL FRANCOEUR's motion be granted in all respects and an Order entered accordingly, along with such other and further relief as the Court deems just and proper. Dated: Mineola, New York January 25, 2019 ME AN C. B ADY 6 6 of 25 FILED: KINGS COUNTY CLERK 02/05/2019 08:56 AM INDEX NO. 520647/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/05/2019 L 78 R5 520647/17E STATE OF NEW YORK: COUNTY OF NASSAU :SS.: Ravin McDonald being duly sworn, deposes and says, that she is not a party to this action; that she is over the age of 18 years and a clerk in the office of MARTYN AND RTYN th attorneys for MICHEL R. FRANCOUER defendant herein; that on the day of , Ó9, s e served the annexed NOTICE OF MOTION AND AFFIRMATION upon undersigne attorneys by mailing a true copy in a postpaid wrapper in a Post Office box maintained by the United States, direc d to them at the addresses shown, heretofore designated by them for that purpose. NAME AND ADDRESS ATTORNEY FOR GARY P. KAUGET, P.C. Attorneys for Plaintiff 9201 Fourth Avenue, Suite 707 Brooklyn, NY 11209 (718) 833-2496 LAW OFFICES OF KAREN L. LAWRENCE Attorneys for Defendants ANETTE O. MORGAN and NASHON ONIEL SADDLAR 2002 Four Metrotech Center, Floor Brooklyn, New York 11201 (718) 451-7100 Attorney Certification: Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admMed to practice in the courts of New York State, certifies that, upon information and belief, and after reasonable inquiry, the ccatenticñs contained in the annexed documant(s) are not frivolous. E AN C. B Sworn to before me, this day of Jagggly, 2019. Ravin McDonald 7 7 of 25 FILED: KINGS COUNTY CLERK 02/05/2019 08:56 AM INDEX NO. 520647/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/05/2019 Index No. 520647/17E SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS SHADEL JACKSON, Plaintiff, -against- MICHEL R. FRANCOUER, ANETTE O. MORGAN and NASHON ONIEL SADDLAR, Defendants NOTICE OF MOTION & AFFIRMATION MARTYN AND MARTYN Attorneys for Defendants Office and P.O. Address 330 Old Country Road, Suite 211 Mineola, New York 11501 516-739-0000 Fax 516-739-0329 8 8 of 25 FILED: KINGS COUNTY CLERK 02/05/2019 08:56 AM INDEX NO. 520647/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/05/2019 EXHIBIT A 9 of 25 FILED: KINGS COUNTY CLERK 02/05/2019 08:56 AM INDEX NO. 520647/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/05/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X SHADEL JACKSON, Plaintiffs, VERIFIED COMPLAINT -against- Index Number: Date Filed: MICHEL R. FRANCOEUR, ANETTE O. MORGAN and NASHON ONIEL SADDLAR, Defendants. X Plaintiff, by her attorney, Gary P. Kauget, P.C. complaining of the defendants MICHEL R. FRANCOEUR, ANETTE O. MORGAN and NASHON ONIEL SADDLAR, alleges upon information and belief as follows: FIRST: That at all times hereinafter mentioned, the defendant MICHEL R. FRANCOEUR, owned a 2009 Nissan motor vehicle bearing New York State registration number FCM5590 for the year 2015. SECOND: That at all times hereinafter mentioned, the defendant, MICHEL R. FRANCOEUR, operated the aforesaid motor vehicle. THIRD: That at all times hereinafter mentioned, the defendant ANETTE O. MORGAN, owned a 2009 Infinity motor vehicle bearing New York State registration number GWT8869 for the year 2015. 10 of 25 FILED: KINGS COUNTY CLERK 02/05/2019 08:56 AM INDEX NO. 520647/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/05/2019 THIRD: That at all times hereinafter mentioned, the defendant NASHON ONIEL SADDLAR, operated the aforesaid motor vehicle. FOURTH: That at all times hereinafter mentioned, the defendant NASHON ONIEL SADDLAR, operated the aforesaid motor vehicle with the permission, consent and knowledge of the owner Defendant, ANETTE O. MORGAN. FIFTH: That at all times hereinafter mentioned, plaintiff SHADEL JACKSON, was a passenger in the motor vehicle owned and operated by the respective defendants ANETTE O. MORGAN and NASHON ONIEL SADDLAR, bearing New York State registration number GWT8869. SIXTH: That at all times hereinafter mentioned, 114 Street or near its intersection with North Conduit, in the County of Queens, City and State of New York were and are public thoroughfares. SEVENTH: That on or about December 10, 2015, at the aforesaid location, the motor vehicle owned and operated by the respective defendants ANETTE O. MORGAN and NASHON ONIEL SADDLAR, in which plaintiff SHADEL JACKSON was a passenger, and the motor vehicle owned and operated by the defendant, MICHEL R. FRANCOEUR, were in contact. EIGHTH: That the defendants were careless, reckless, and negligent in the ownership, operation, maintenance 11 of 25 FILED: KINGS COUNTY CLERK 02/05/2019 08:56 AM INDEX NO. 520647/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/05/2019 and control of their motor vehicles under the circumstances then and there existing. NINTH: That the foregoing occurrence was caused solely and wholly as a result of the negligence of the defendants, their agents, servants, and employees, without any negligence on the part