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 12/03/2021 09:19 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/03/2021
"G"
EXHIBIT
FILED: RICHMOND COUNTY CLERK 12/03/2021 09:19 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/03/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
SILAS AJAWUIHE,
Plaintiff, Index No.: 151617/21
-against- COUNTER STATEMENT OF
MATERIAL FACTS IN SUPPORT
"JANE"
LAWRENCE MATHE and MATHE, the first AND IN COMPLIANCE WITH 22
name being fictitious, NYCRR 202.8-g
Defendants.
JOHN RISO, ESQ., an attorney duly admitted to practice law before the Courts of the State
of New York in compliance with 22 NYCRR submits this statement of
202.8-g respectfully
Defendants'
material facts in support of 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 at the premises of the defendants.
lawfully
2. That on May 27, 2021, the defendants did not own or harbor a dog at their premises
located at 405 Greeley Avenue, Staten Island New York.
3. That on May 27,2021, the defendants had no knowledge regarding the propensities of
said dog on their premises.
4. That on May 27,2021 no dog owned or harbored by Defendants bit Plaintiff.
5. That as a result of the foregoing, Plaintiffs action must be disinissed.
WHEREFORE, Defendant respectfully reqluests that Plaintiffs action be dismissed in all
respects and for such other and further relief as this Court deems just, proper and
equitable.
FILED: RICHMOND COUNTY CLERK 12/03/2021 09:19 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/03/2021
Dated: Staten Island, New York
December 3, 2021
Yours, etc.
BORRELL LP
By:
JOHN RIS , ES .
Attorneys f r D endants
1500 Hylan oulevard
Staten Island, NY 10305
(718) 667-8600
TO: PILLINGER MILLER TARALLO
Attorneys for Plaintiff
555 Taxter Road
Elmsford, NY 10523
Document Filed Date
December 03, 2021
Case Filing Date
August 26, 2021
Category
Torts - Other (Dog Attack)
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Preview
FILED: RICHMOND COUNTY CLERK 12/03/2021 09:19 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/03/2021 "G" EXHIBIT FILED: RICHMOND COUNTY CLERK 12/03/2021 09:19 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/03/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND SILAS AJAWUIHE, Plaintiff, Index No.: 151617/21 -against- COUNTER STATEMENT OF MATERIAL FACTS IN SUPPORT "JANE" LAWRENCE MATHE and MATHE, the first AND IN COMPLIANCE WITH 22 name being fictitious, NYCRR 202.8-g Defendants. JOHN RISO, ESQ., an attorney duly admitted to practice law before the Courts of the State of New York in compliance with 22 NYCRR submits this statement of 202.8-g respectfully Defendants' material facts in support of 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 at the premises of the defendants. lawfully 2. That on May 27, 2021, the defendants did not own or harbor a dog at their premises located at 405 Greeley Avenue, Staten Island New York. 3. That on May 27,2021, the defendants had no knowledge regarding the propensities of said dog on their premises. 4. That on May 27,2021 no dog owned or harbored by Defendants bit Plaintiff. 5. That as a result of the foregoing, Plaintiffs action must be disinissed. WHEREFORE, Defendant respectfully reqluests that Plaintiffs action be dismissed in all respects and for such other and further relief as this Court deems just, proper and equitable. FILED: RICHMOND COUNTY CLERK 12/03/2021 09:19 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/03/2021 Dated: Staten Island, New York December 3, 2021 Yours, etc. BORRELL LP By: JOHN RIS , ES . Attorneys f r D endants 1500 Hylan oulevard Staten Island, NY 10305 (718) 667-8600 TO: PILLINGER MILLER TARALLO Attorneys for Plaintiff 555 Taxter Road Elmsford, NY 10523