On December 31, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Dienna O. Mohammed,
Selena Castillo,
and
Lance M. Smith,
for Torts - Motor Vehicle
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 10/22/2021 02:23 PM INDEX NO. 500003/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/22/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------)( Index #: 500003/2021
SELENA CASTILLO and DIENNA O. MOHAMMED,
Plaintiffs,
-against- NOTICE OF MOTION FOR
SUMMARY JUDGMENT
ON THE ISSUE OF
LIABILITY AGAINST
DEFENDANT
LANCE M. SMITH,
Defendant.
-----------------------------------------------------------------------)(
COUNSELORS:
PLEASE TAKE NOTICE that upon the annexed affirmation of WALE MOSAKU dated the 22 nd
day of October 2021, the exhibits annexed hereto, and all the pleadings and proceedings
heretofore had herein, the undersigned will move this Court at a Motion/lAS Part within the
courthouse located at 360 Adams Street, Brooklyn, New York 11201, on the 30 th day of
November, 2021, at 9:30 a.m. in the forenoon of that day, or as soon thereafter as counsel may
be heard, for an Order (a) pursuant to CPLR §3212, GRANTING SUMMARY JUDGMENT on
the issue of liability to plaintiffs SELENA CASTILLO and DIENNA O. MOHAMMED as
against the defendant LANCE M. SMITH, inasmuch as the defendant LANCE M. SMITH
cannot establish any liability on the part of the plaintiffs SELENA CASTILLO and DIENNA O.
MOHAMMED for the accident; (b) for an Order pursuant to CPLR §3211(a)(6) DISMISSING
THE COUNTERCLAIM of the defendant LANCE M. SMITH against the plaintiffDIENNA O.
MOHAMMED inasmuch as the defendant LANCE M. SMITH cannot establish any liability on
the part of the plaintiffDIENNA O. MOHAMMED, an innocent passenger, for the accident, and
as such, said counterclaim is not properly interposed in the instant action; (c) for an Order
pursuant to CPLR §3211 (b), striking the defendant LANCE M. SMITH's first affIrmative
defense contained in his "Answer with Counterclaim" dated April 1, 2021, that alleges the
following: Plaintiffs' culpable conduct and/or contributory negligence and/or assumption of the
risk; and (d) for an Order pursuant to CPLR §3211(b), striking the defendant LANCE M.
SMITH's second affirmative defense contained in his "Answer with Counterclaim" dated April
1,2021, that alleges the following: that the Plaintiffs' failed to use or misused seat belts.
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FILED: KINGS COUNTY CLERK 10/22/2021 02:23 PM INDEX NO. 500003/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/22/2021
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers, ifany,
are required to be served upon the undersigned at least seven (7) days before the return date of
this motion.
Dated: Brooklyn, New York
October 22, 2021
Yours, etc.
BY: WA EMOS~~
Attorney or Plaintiff
rd
25 Bond Street, 3 Floor
Brooklyn, New York 11201
(718) 243-0994
To:
Law Office of Karen 1. Lawrence
Attorneys for Defendant
4 Metrotech Center, Suite 2000
Brooklyn, New York 11201-3815
(718) 451-7180
File #: 0577277189.1Â
2 of 2
Preview
FILED: KINGS COUNTY CLERK 10/22/2021 02:23 PM INDEX NO. 500003/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/22/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------)( Index #: 500003/2021 SELENA CASTILLO and DIENNA O. MOHAMMED, Plaintiffs, -against- NOTICE OF MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF LIABILITY AGAINST DEFENDANT LANCE M. SMITH, Defendant. -----------------------------------------------------------------------)( COUNSELORS: PLEASE TAKE NOTICE that upon the annexed affirmation of WALE MOSAKU dated the 22 nd day of October 2021, the exhibits annexed hereto, and all the pleadings and proceedings heretofore had herein, the undersigned will move this Court at a Motion/lAS Part within the courthouse located at 360 Adams Street, Brooklyn, New York 11201, on the 30 th day of November, 2021, at 9:30 a.m. in the forenoon of that day, or as soon thereafter as counsel may be heard, for an Order (a) pursuant to CPLR §3212, GRANTING SUMMARY JUDGMENT on the issue of liability to plaintiffs SELENA CASTILLO and DIENNA O. MOHAMMED as against the defendant LANCE M. SMITH, inasmuch as the defendant LANCE M. SMITH cannot establish any liability on the part of the plaintiffs SELENA CASTILLO and DIENNA O. MOHAMMED for the accident; (b) for an Order pursuant to CPLR §3211(a)(6) DISMISSING THE COUNTERCLAIM of the defendant LANCE M. SMITH against the plaintiffDIENNA O. MOHAMMED inasmuch as the defendant LANCE M. SMITH cannot establish any liability on the part of the plaintiffDIENNA O. MOHAMMED, an innocent passenger, for the accident, and as such, said counterclaim is not properly interposed in the instant action; (c) for an Order pursuant to CPLR §3211 (b), striking the defendant LANCE M. SMITH's first affIrmative defense contained in his "Answer with Counterclaim" dated April 1, 2021, that alleges the following: Plaintiffs' culpable conduct and/or contributory negligence and/or assumption of the risk; and (d) for an Order pursuant to CPLR §3211(b), striking the defendant LANCE M. SMITH's second affirmative defense contained in his "Answer with Counterclaim" dated April 1,2021, that alleges the following: that the Plaintiffs' failed to use or misused seat belts. 1 of 2 FILED: KINGS COUNTY CLERK 10/22/2021 02:23 PM INDEX NO. 500003/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 10/22/2021 PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers, ifany, are required to be served upon the undersigned at least seven (7) days before the return date of this motion. Dated: Brooklyn, New York October 22, 2021 Yours, etc. BY: WA EMOS~~ Attorney or Plaintiff rd 25 Bond Street, 3 Floor Brooklyn, New York 11201 (718) 243-0994 To: Law Office of Karen 1. Lawrence Attorneys for Defendant 4 Metrotech Center, Suite 2000 Brooklyn, New York 11201-3815 (718) 451-7180 File #: 0577277189.1 2 of 2