On August 26, 2021 a
Party Statement
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 11/23/2021 03:56 PM INDEX NO. 151617/2021
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/23/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
--------------------------------------------------------------------X
SILAS AJAWUIHE,
Plaintiff, Index No. 15617/21
-against- STATEMENT OF MATERIAL
FACTS IN OPPOSITION AND IN
COMPLIANCE WITH 22 NYCRR
202.8-g
LAWRENCE MATHE and “JANE” MATHE, the first
name being fictitious,
Defendants.
-------------------------------------------------------------------X
PATRICE M. COLEMAN, ESQ., an attorney duly admitted to practice law before the
Courts of the State of New York, in compliance with 22 NYCRR 202.8-g respectfully submits
this statement of material facts in opposition to defendant’s motion to dismiss the complaint
pursuant to CPLR3211(a)(7) and for summary judgment pursuant to 3212(b):
1. That on May 27, 2021, the plaintiff was lawfully at the premises of the defendants.
2. That on May 27, 2021, the defendants harbored a dog at their premises.
3. That on May 27, 2021, the defendants knew or should have known of the vicious
propensities of the dog that was harbored at their premises.
4. That on May 27, 2021 the aforementioned dog attacked and bit the plaintiff.
5. That as a result of the foregoing, the plaintiff sustained serious personal injuries.
WHEREFORE, plaintiff respectfully requests that defendants’ motion be denied in all
respects and for such other and further relief as this Court deems just, proper and equitable
Dated: Westchester, New York
November 23, 2021
1 of 2
FILED: RICHMOND COUNTY CLERK 11/23/2021 03:56 PM INDEX NO. 151617/2021
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/23/2021
Yours, etc.
PILLINGER MILLER TARALLO
By:_________________________________
Patrice Coleman
Patrice M. Coleman, Esq.
Attorneys for Plaintiff
555 Taxter Road
Elmsford, New York 10523
To: Borrell & Riso, LLP
Attorneys for Defendants
1500 Hyland Blvd.
Staten Island, NY 10305
2 of 2
Document Filed Date
November 23, 2021
Case Filing Date
August 26, 2021
Category
Torts - Other (Dog Attack)
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FILED: RICHMOND COUNTY CLERK 11/23/2021 03:56 PM INDEX NO. 151617/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND --------------------------------------------------------------------X SILAS AJAWUIHE, Plaintiff, Index No. 15617/21 -against- STATEMENT OF MATERIAL FACTS IN OPPOSITION AND IN COMPLIANCE WITH 22 NYCRR 202.8-g LAWRENCE MATHE and “JANE” MATHE, the first name being fictitious, Defendants. -------------------------------------------------------------------X PATRICE M. COLEMAN, ESQ., an attorney duly admitted to practice law before the Courts of the State of New York, in compliance with 22 NYCRR 202.8-g respectfully submits this statement of material facts in opposition to defendant’s motion to dismiss the complaint pursuant to CPLR3211(a)(7) and for summary judgment pursuant to 3212(b): 1. That on May 27, 2021, the plaintiff was lawfully at the premises of the defendants. 2. That on May 27, 2021, the defendants harbored a dog at their premises. 3. That on May 27, 2021, the defendants knew or should have known of the vicious propensities of the dog that was harbored at their premises. 4. That on May 27, 2021 the aforementioned dog attacked and bit the plaintiff. 5. That as a result of the foregoing, the plaintiff sustained serious personal injuries. WHEREFORE, plaintiff respectfully requests that defendants’ motion be denied in all respects and for such other and further relief as this Court deems just, proper and equitable Dated: Westchester, New York November 23, 2021 1 of 2 FILED: RICHMOND COUNTY CLERK 11/23/2021 03:56 PM INDEX NO. 151617/2021 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 11/23/2021 Yours, etc. PILLINGER MILLER TARALLO By:_________________________________ Patrice Coleman Patrice M. Coleman, Esq. Attorneys for Plaintiff 555 Taxter Road Elmsford, New York 10523 To: Borrell & Riso, LLP Attorneys for Defendants 1500 Hyland Blvd. Staten Island, NY 10305 2 of 2