On November 18, 2020 a
Party Statement
was filed
involving a dispute between
Sarah M. Lanza,
and
Guma Construction,
Santo Mercedes Baez,
for Torts - Motor Vehicle
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 08/19/2022 11:48 PM INDEX NO. 523020/2020
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 08/19/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------------X
SARAH M. LANZA, Index No. 523020/2020
Plaintiff, STATEMENT OF
MATERIAL FACTS
-against-
SANTO MERCEDES BAEZ and
GUMA CONSTRUCTION,
Defendants.
-----------------------------------------------------------------------X
Defendants, SANTO MERCEDES BAEZ and GUMA CONSTRUCTION CORP., in
compliance with Uniform Court Rule 202.8, submit the following:
1. This is an action to recover damages for alleged injuries claimed to have been sustained
by plaintiff, SARAH LANZA, as a result of a motor vehicle accident which occurred
on March 11, 2020 at or near the intersection of 10th Street and Driggs Avenue in
Brooklyn, New York.
2. Plaintiff claims she sustained “serious injuries” in the above referenced incident.
3. Plaintiff called the police on March 11, 2020 after the above referenced incident
occurred.
4. Police officers came to the scene of the above referenced incident on March 11, 2020
and plaintiff spoke to said police officer(s) and told them what occurred.
5. A Police Accident Report was prepared with respect to the above referenced incident.
6. The Police Accident Report indicates that there were “no injuries”.
7. Plaintiff refused medical attention at the scene of the above referenced incident.
8. A copy of the Police Accident Report was e-filed by plaintiff’s counsel’s office in this
matter. NYSCEF Doc. #9.
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FILED: KINGS COUNTY CLERK 08/19/2022 11:48 PM INDEX NO. 523020/2020
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 08/19/2022
9. Plaintiff drove her vehicle home, unaccompanied, after the above referenced incident.
10. Plaintiff testified that she went to a hospital emergency room later in the day on March
11, 2020.
11. Plaintiff went to Mt. Sinai Hospital’s Emergency Room later in the day on March 11,
2020, where she was treated and released on the same day.
12. Plaintiff had 2 prior motor vehicle accidents.
13. Plaintiff’s 2 prior motor vehicle accidents occurred on or about June 20, 2017 and
October 13, 2017, respectively.
14. Plaintiff injured her left shoulder in a motor vehicle accident on or around June 20,
2017.
15. Plaintiff underwent surgery on left shoulder in December 2018.
16. Plaintiff sustained injuries to her left shoulder in a motor vehicle accident on or around
October 13, 2017.
17. Plaintiff complained of loss of consciousness as a result of the motor vehicle accident
that occurred on or around October 13, 2017.
18. Plaintiff complained of recurrent headaches as a result of the motor vehicle accident
that occurred on or around October 13, 2017.
19. Plaintiff returned to work as a Housekeeper at Maxwell NYC Hotel on March 12, 2020.
20. Plaintiff testified that she requested 3 personal days and 2 vacation days off after the
above referenced March 11, 2020 motor vehicle incident.
21. Plaintiff was paid for the 3 personal days and 2 vacation days off from her employment
at Maxwell NYC Hotel.
22. Plaintiff testified that she did not return to work after the 3 personal days and 2 vacation
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FILED: KINGS COUNTY CLERK 08/19/2022 11:48 PM INDEX NO. 523020/2020
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 08/19/2022
days off because Maxwell NYC Hotel laid her off.
23. Plaintiff was not told by her employer that she was not able to work or perform the
duties of employment due to alleged injuries.
24. Plaintiff has not made any attempt to return to work since March 12, 2020.
25. Plaintiff testified that in the three (3) months after March 11, 2020, she was able to feed
herself.
26. Plaintiff testified that in the three (3) months after March 11, 2020, she was able to
dress herself.
27. Plaintiff testified that in the three (3) months after March 11, 2020, she was able to
shower on her own.
28. Plaintiff testified that she has only incurred out-of-pocket expenses in the amount of
$30 per month due to her alleged injuries.
Dated: New York, New York
August 19, 2022
Arlene E. Lewis
_______________________________
ARLENE E. LEWIS, ESQ.
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FILED: KINGS COUNTY CLERK 08/19/2022 11:48 PM INDEX NO. 523020/2020
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 08/19/2022
Re: Sarah Lanza v. Santo Mercedes Baez and Guma Construction
Index # 523020/2020
CERTIFICATE OF COMPLIANCE
ARLENE E. LEWIS, an attorney duly admitted to practice in the courts of the State of
New York, hereby certifies, pursuant to 22 NYCRR §202.8-b, that the total word count in this
Statement of Material Facts, exclusive of the caption and signature block, is ____.
Dated: New York, New York
August 19, 2022
___________________
ARLENE E. LEWIS
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Preview
FILED: KINGS COUNTY CLERK 08/19/2022 11:48 PM INDEX NO. 523020/2020 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 08/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X SARAH M. LANZA, Index No. 523020/2020 Plaintiff, STATEMENT OF MATERIAL FACTS -against- SANTO MERCEDES BAEZ and GUMA CONSTRUCTION, Defendants. -----------------------------------------------------------------------X Defendants, SANTO MERCEDES BAEZ and GUMA CONSTRUCTION CORP., in compliance with Uniform Court Rule 202.8, submit the following: 1. This is an action to recover damages for alleged injuries claimed to have been sustained by plaintiff, SARAH LANZA, as a result of a motor vehicle accident which occurred on March 11, 2020 at or near the intersection of 10th Street and Driggs Avenue in Brooklyn, New York. 2. Plaintiff claims she sustained “serious injuries” in the above referenced incident. 3. Plaintiff called the police on March 11, 2020 after the above referenced incident occurred. 4. Police officers came to the scene of the above referenced incident on March 11, 2020 and plaintiff spoke to said police officer(s) and told them what occurred. 5. A Police Accident Report was prepared with respect to the above referenced incident. 6. The Police Accident Report indicates that there were “no injuries”. 7. Plaintiff refused medical attention at the scene of the above referenced incident. 8. A copy of the Police Accident Report was e-filed by plaintiff’s counsel’s office in this matter. NYSCEF Doc. #9. 1 of 4 FILED: KINGS COUNTY CLERK 08/19/2022 11:48 PM INDEX NO. 523020/2020 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 08/19/2022 9. Plaintiff drove her vehicle home, unaccompanied, after the above referenced incident. 10. Plaintiff testified that she went to a hospital emergency room later in the day on March 11, 2020. 11. Plaintiff went to Mt. Sinai Hospital’s Emergency Room later in the day on March 11, 2020, where she was treated and released on the same day. 12. Plaintiff had 2 prior motor vehicle accidents. 13. Plaintiff’s 2 prior motor vehicle accidents occurred on or about June 20, 2017 and October 13, 2017, respectively. 14. Plaintiff injured her left shoulder in a motor vehicle accident on or around June 20, 2017. 15. Plaintiff underwent surgery on left shoulder in December 2018. 16. Plaintiff sustained injuries to her left shoulder in a motor vehicle accident on or around October 13, 2017. 17. Plaintiff complained of loss of consciousness as a result of the motor vehicle accident that occurred on or around October 13, 2017. 18. Plaintiff complained of recurrent headaches as a result of the motor vehicle accident that occurred on or around October 13, 2017. 19. Plaintiff returned to work as a Housekeeper at Maxwell NYC Hotel on March 12, 2020. 20. Plaintiff testified that she requested 3 personal days and 2 vacation days off after the above referenced March 11, 2020 motor vehicle incident. 21. Plaintiff was paid for the 3 personal days and 2 vacation days off from her employment at Maxwell NYC Hotel. 22. Plaintiff testified that she did not return to work after the 3 personal days and 2 vacation 2 2 of 4 FILED: KINGS COUNTY CLERK 08/19/2022 11:48 PM INDEX NO. 523020/2020 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 08/19/2022 days off because Maxwell NYC Hotel laid her off. 23. Plaintiff was not told by her employer that she was not able to work or perform the duties of employment due to alleged injuries. 24. Plaintiff has not made any attempt to return to work since March 12, 2020. 25. Plaintiff testified that in the three (3) months after March 11, 2020, she was able to feed herself. 26. Plaintiff testified that in the three (3) months after March 11, 2020, she was able to dress herself. 27. Plaintiff testified that in the three (3) months after March 11, 2020, she was able to shower on her own. 28. Plaintiff testified that she has only incurred out-of-pocket expenses in the amount of $30 per month due to her alleged injuries. Dated: New York, New York August 19, 2022 Arlene E. Lewis _______________________________ ARLENE E. LEWIS, ESQ. 3 3 of 4 FILED: KINGS COUNTY CLERK 08/19/2022 11:48 PM INDEX NO. 523020/2020 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 08/19/2022 Re: Sarah Lanza v. Santo Mercedes Baez and Guma Construction Index # 523020/2020 CERTIFICATE OF COMPLIANCE ARLENE E. LEWIS, an attorney duly admitted to practice in the courts of the State of New York, hereby certifies, pursuant to 22 NYCRR §202.8-b, that the total word count in this Statement of Material Facts, exclusive of the caption and signature block, is ____. Dated: New York, New York August 19, 2022 ___________________ ARLENE E. LEWIS 4 4 of 4