On August 26, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Silas Ajawuihe,
and
Carmen Mathe,
Jane Mathe
The First Name Being Fictitious,
Lawrence Mathe,
for Torts - Other (Dog Attack)
in the District Court of Richmond County.
Preview
FILED: RICHMOND COUNTY CLERK 10/08/2021 10:34 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/08/2021
"B"
EXHIBIT
FILED: RICHMOND COUNTY CLERK 10/08/2021 10:34 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
SILAS AJAWUIHE,
Plaintiff, Index No.: 151617/21
-against- AFFIDAVIT
!
"JANE"
LAWRENCE MATHE and MATHE, the first |
name being fictitious,
Defendants.
_STATE OF NEW YORK )
) ss.:
COUNTY OF RICHMOND )
I, CARMEN MATHE, deposes and says under penalty of perjury, the following:
1. That I am the Defendant in the above-referenced matter.
2. That on May 27, 2021, the date of Plaintiffs accident, I was the owner, with my
husband, Lawrence Mathe, of 405 Greeley Avenue, Staten Island, New York.
3. That on that date, Plaintiff alleges he was bit by a dog on my property.
4. That I, nor anyone at my address, owned or in any way, controlled said dog, nor
did I own, control or harbor any dog at my above residence on the date and time
of Plaintiffs incident.
5. That said dog was unknown to me and my husband, Defendant, Lawrence Mathe.
6. That on May 27, 2021, said dog, entered our property without my or my
husband's knowledge or consent.
7. That Plaintiff, as he was entering or exiting the premises, as a Spectrum repair
service man allowed said stray dog to enter the premises without my or my
husband's knowledge.
8. That neither I,nor my husband, know or have any knowledge of the owner of said
dog which was a stray.
FILED: RICHMOND COUNTY CLERK 10/08/2021 10:34 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/08/2021
9. That I, nor my husband, was aware that said stray dog had trespassed on our
property until Plaintiff screamed that he was bit.
10. That I, risking harm to myself, chased the stray dog off my property when
Plaintiff was screaming that he was bit.
11. That I have never seen the afuressid stray dog that allegedly bit Plaintiff prior to
or after the alleged incident.
12. That the true owner of the aforesaid stray dog which bit Plaintiff has not been
made a party to this action.
13. As a result, Plaintiffs complaint should be dismissed in its entirety.
WHEREFORE, I request that Plaintiff's Complaint be denied in its entirety and for
such other and further relief as this court deems necessary and proper.
CARMEN MATHE
S rn to before me this
day of 2021
Lorraine Scala
A t L/1L1 . . .._
Notary Pubilc-State
Qualified in
of
lilchmond
New
Cou
York
o arÿ Public Commision Expires
My
NO. 01SC6341550
Document Filed Date
October 08, 2021
Case Filing Date
August 26, 2021
Category
Torts - Other (Dog Attack)
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FILED: RICHMOND COUNTY CLERK 10/08/2021 10:34 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/08/2021 "B" EXHIBIT FILED: RICHMOND COUNTY CLERK 10/08/2021 10:34 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND SILAS AJAWUIHE, Plaintiff, Index No.: 151617/21 -against- AFFIDAVIT ! "JANE" LAWRENCE MATHE and MATHE, the first | name being fictitious, Defendants. _STATE OF NEW YORK ) ) ss.: COUNTY OF RICHMOND ) I, CARMEN MATHE, deposes and says under penalty of perjury, the following: 1. That I am the Defendant in the above-referenced matter. 2. That on May 27, 2021, the date of Plaintiffs accident, I was the owner, with my husband, Lawrence Mathe, of 405 Greeley Avenue, Staten Island, New York. 3. That on that date, Plaintiff alleges he was bit by a dog on my property. 4. That I, nor anyone at my address, owned or in any way, controlled said dog, nor did I own, control or harbor any dog at my above residence on the date and time of Plaintiffs incident. 5. That said dog was unknown to me and my husband, Defendant, Lawrence Mathe. 6. That on May 27, 2021, said dog, entered our property without my or my husband's knowledge or consent. 7. That Plaintiff, as he was entering or exiting the premises, as a Spectrum repair service man allowed said stray dog to enter the premises without my or my husband's knowledge. 8. That neither I,nor my husband, know or have any knowledge of the owner of said dog which was a stray. FILED: RICHMOND COUNTY CLERK 10/08/2021 10:34 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/08/2021 9. That I, nor my husband, was aware that said stray dog had trespassed on our property until Plaintiff screamed that he was bit. 10. That I, risking harm to myself, chased the stray dog off my property when Plaintiff was screaming that he was bit. 11. That I have never seen the afuressid stray dog that allegedly bit Plaintiff prior to or after the alleged incident. 12. That the true owner of the aforesaid stray dog which bit Plaintiff has not been made a party to this action. 13. As a result, Plaintiffs complaint should be dismissed in its entirety. WHEREFORE, I request that Plaintiff's Complaint be denied in its entirety and for such other and further relief as this court deems necessary and proper. CARMEN MATHE S rn to before me this day of 2021 Lorraine Scala A t L/1L1 . . .._ Notary Pubilc-State Qualified in of lilchmond New Cou York o arÿ Public Commision Expires My NO. 01SC6341550