Preview
FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022
EXHIBIT "G
FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022
SUPREME COURT OF THE STATE OF NEW YORK Index No.: 160818/2021
COUNTY OF NEW YORK Filed on: 12/3/2021
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_____-----------------------------------------X
COLLINS IMAM PLAINTIFF DESIGNATES
Plaintiff, COUNTY OF NEW YORK
AS PLACE OF TRIAL
-against-
THE BASIS OF THE VENUE
IS LOCATION OF THE INCIDENT
NEW YORK CITY TRANSIT AUTHORITY, SUMMONS
MTA BUS COMPANY, and RICHARD BRANA INCIDENT OCCURRED AT
E. 86th STREET AND THIRD
AVENUE
IN THE COUNTY OF NEW YORK
Defendants.
-----------------------------------------------------------------X
To the above-named defendant(s)
YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy
of your answer, or ifthe complaint isnot served with thissum=ens, to serve a notice of appearance, on
the Plaintiff's attorney within 20 days afterthe service of thissummons exclusive of the date of service
(or within 30 days after the service iscomplete, ifthissn==ons isnot personally delivered to you within
the State of New York); and in case of your failureto appear or answer, judgment will be taken against
you by default for the reliefdemanded in the complaint.
Dated: December 2, 2021
LEONARD . s CTOR, ESQ.
Attorney for Plaintiff
16 Court Street,Suite 2600
Brooklyn, NY 11241
(718)-875-3900
Defendant(s) Address:
THE NEW YORK CITY TRANSIT AUTHORITY
130 Livingston Street
Brooklyn, New York 11201
MTA BUS COMPANY
2 Broadway
New York, New York 10004
RICHARD BRANA
108 Continental Ave
Belleville, NJ 07109
DOCS\SUMMONSGUMMONS
FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
______-------------._
_---------.-------..-----------------._
___-----X
COLLINS IMAM, 160818/2021
INDEX NO.:
Plaintiff,
-against-
VERIFIED COMPLAINT
NEW YORK CITY TRANSIT AUTHORITY,
MTA BUS COMPANY, and RICHARD BRANA
Defendants.
-------__-------.-----------------....--.------ ......_
_--------X
Plaintiff, upon information and belief, by his attorney, Leonard C. Spector,
Esq., as and for his complaint, respectfully alleges:
1. On December 1, 2020, the plaintiff was the operator of a Lexus
motor vehicle bearing license plate JRM1399 issued by the State of New York.
2. Upon information and belief, that at alltimes herein mentioned, the
defendant NEW YORK CITY TRANSIT AUTHORITY (hereinafter referred to as
"NYCTA") was and now is a public authority, duly organized and existing under
and by virtue of the laws of the State of New York.
3. That at all times herein mentioned, the defendant NYCTA is and was
a public benefit corporation organized for the purposes of providing
transportation.
4. Upon information and belief, that at alltimes herein mentioned, the
defendant MTA BUS COMPANY (hereinafter referred to as "MTA") was and now is
a public authority, duly organized and existing under and by virtue of the laws of
the State of New York.
5. That at alltimes herein mentioned, the dêfêñdant MTA is and was a
public benefit corporation organized for the purposes of providing transportation.
FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022
6. Upon information and belief, at alltimes herein the
mentioned,
defendant NYCTA was the owner of a bus license plate issued
having BA3703, by
the State of New York.
7. Upon information and belief, at alltimes herein the
mentioned,
defendant NYCTA was the leasee of a bus license plate issued
having BA3703, by
the State of New York
8. Upon information and belief at all times herein the
mentioned,
defendant MTA was the owner of a bus having license plate BA3703, issued by
the State of New York.
9. Upon information and belief, at all times herein the
mentioned,
defendant MTA was the leasee of a bus having license plate BA3703, issued by the
State of New York
10. Upon information and belief, on December 1, 2020, Defendant
Richard Brana (hereinafter referred to as "Brana") was operating the aforesaid
bus owned and/or leased by defendant NYCTA.
11. Upon information and belief, on December 1, 2020, Defendant Brana
was operating the aforesaid bus owned and/or !eased by defendant MTA.
12. Upon information and belief, on December 1, 2020, Defendant Brana
was operating the aforesaid bus in the course of his empicymêñt with defendant
NYCTA.
13. Upon information and belief, on December 1, 2020, Defendant Brana
was operating the aforesaid bus in the course of his employment with defendant
MTA.
14. Upon information and belief, on December 1, 2020, Defendant Brana
was operating the aforesaid bus with the permission and consent of defendant
NYCTA.
15. Upon information and belief, on December 1, 2020, Defendant Brana
was operating the aforesaid bus with the permission and consent of defendant
MTA.
FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022
16. At alltimes hereinafter mentioned, defendants NYCTA and/or MTA
managed the aforementioned bus.
17. At all times hereinafter defendants NYCTA
mentioned, and/or MTA
maintained the aforementioned bus
18. At all times hereinafter defendants
mentioned, NYCTA and/or MTA
controlled the aforementioned bus
19. At all times hereinafter the defendant Brana
mentioned, managed
the aforementioned bus owned by defendants NYCTA and/or MTA.
20. At all times hereinafter mentioned, the defendant Brana maintained
the aforementioned bus owned by defendants NYCTA and/or MTA
21. At alltimes hereinafter mentioned, the defendant Branna controlled
the aforementioned bus owned by defendants NYCTA and/or MTA.
22. That upon information and belief, on December 1, 2020, Defendant
Branna was operating the aforesaid bus owned/leased by Defendant NYCTA on E.
86th Street at or near itsintersection with Third Avenue, in the County of New
York, City and State of New York.
23. That upon information and belief, on December 1, 2020, Defendant
Branna was operating the aforesaid bus owned/leased by Defendant MTA on E.
86th Street at or near its intersection with Third Avenue, in the County of New
York, City and State of New York.
24. That on December 1, 2020, the plaintiff was stopped while operating
the aforesaid Lexus motor vehicle on E. 86th Street at or near itsintersection
with Third Avenue in the County of New York, City and State of New York.
25. That on December 1, 2020, E. 86th Street at or near itsintersection
with Third Avenue, in the County of New York, City and State of New York, was a
public highway, along and upon which motor vehicles were accustomed to and
did travel.
26. That on the 1st day of December, 2020, while the Defendant Brana
was operating the aforesaid bus owned by Defendants NYCTA and/or MTA, said
bus was in contact with the motor vehicle of plaintiff as aforesaid.
FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022
27. That a physical contact between the motor vehicle of the plaintiff
and defendants took place on December 2020 on E. 86th Street
1, at its
intersection with Third Avenue, County of New York, and State of New York.
City
28. That the said negligence and carelessness on the part of the
defendants NYCTA, MTA, and Brana consisted of the amongst other
following
things: In their respective negligent operation
ownership, maintenance, and
control of their bus; in said bus at a dangerous rate of speed under
operating all
circumstances and conditions then and there in to give
prevailing; failing any
signal or warning of the impending collision and physical in to use
contact; failing
reasonable care, caution and prudence; in to operate a bus with regard for
failing
the safety of others, and more particularly, the plaintiff in wanton and
herein;
reckless acts and other conduct all of which contributed to the accident
complained of herein; in causing a physical contact and resulting to plaintiff
injury
by reason of the facts heretofore alleged; in operating said bus in violation of
statutes, rules, regulations and ordinances in such cases made and provided; in
wanton and reckless acts and other conduct all of which contributed to the
accident complained of herein; in causing a physical contact and resulting injury
to plaintiff by reason of the facts heretofore alleged; in failing to keep a proper
tookout; in the disregard of the rights and safety of uses of the highway, including
the plaintiff herein; in causing a physical contact and resulting injury to plaintiff by
reason of the facts heretofore alleged; in misJudging the distance between said
bus and plaintiff's vehicle; in failing to keep a safe distance from other vehicles
using the aforesaid highway; in swerving said bus into plaintiff's lane of traffic and
into plaintiff's vehicle; In failing to heed the traffic conditions than and there
existing; and in being otherwise reckless and careless in the premises, all in
disregard of the rights and safety of users of the highway, including the plaintiff
herein.
29. Defendants NYCTA and/or MTA being further negligent in hiring
negligent and careless drivers, and in particular defendant Brana herein; in failing
to adequately, and properly train and supervise itsdrivers and in particular
defendant Montgomery herein and in being otherwise negligent and careless in
the premises.
FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022
30. That by reason of the foregoing, the plaintiff has been seriously,
painfully and permanently injured; was rendered lame and
sick, sore, disabled;
was caused to and did sustain intense physical pain and mental anguish and still
suffers from same; by reason thereof, the plaintiff has become incapacitated from
attending to his usual tasks and duties, vocations and avocations and will be so
incapacitated in the future; was confined to his bed and was compelled
home; to
seek medical aid, care and attention to cure and alleviate the injuries sustained;
and upon information and belief will be required to continue with medical care
and attention and to have further periods of allwithout cause on this
disability,
plaintiff's part.
31. That the aforesaid accident and the injuries sustained by plaintiff,
and all his damages resulting therefrom, were caused the negligence of
solely by
the defendants and without any negligence on the part of the plaintiff
contributing thereto.
32. That heretofore and on the 4th day of February, 2021, the plaintiff
caused to be served upon the defendant NYCTA a claim for damages for personal
injuries and related expenses sustained by plaintiff, together with the Demand for
an adjustment of the same, and a Notice that ifthe said claim was not settled or
adjusted within the statutory time, an action would be commenced to recover
damages, and the defendant NYCTA herein has neglected and refused to adjust,
settle or to pay the same; that the claim and notice were duly served upon the
defendant NYCTA within ninety (90) days after the occurrence of said accident,
and the sustaining of said injury and expense, and that this action was
commenced within one year and ninety (90) days from the date of the accident.
33. That heretofore and on the 5th day of February, 2021, the plaintiff
caused to be served upon the defendant MTA a claim for damages for personal
injuries and related expenses sustained by plaintiff, together with the Demand for
an adjustment of the same, and a Notice that ifthe said claim was not settled or
adjusted within the statutory time, an action would be commenced to recover
damages, and the defendant MTA herein has neglected and refused to adjust,
settle or to pay the same; that the claim and notice were duly served upon the
defendant MTA within ninety (90) days after the occurrence of said accident, and
FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022
the sustaining of said injury and expense, and that this action was commenced
within one year and ninety (90) days from the date of the accident.
34. That the plaintiff has duly complied with all provisions and
statutory
law applicable to the defendant NYCTA and precedent to the of this claim
making
and the bringing of this action, and that the claim has been presented and this
action has been commenced within the period of time prescribed and provided by
statute and law.
35. That the plaintiff has duly complied with all provisions and
statutory
law applicable to the defendant MTA and precedent to the of this claim
making
and the bringing of this action, and that the claim has been presented and this
action has been commêñced within the period of time prescribed and provided by
statute and law.
36. That as of this date, neither NYCTA nor MTA scheduled a hearing of
plaintiff pursuant to General Municipal Law 50 (H), however plaintiff is ready and
willing to appear and attend at a mutually convenient date and time if required.
37. That as a result of the collision and contact aforementioned, the
plaintiff sustained a serious injury as defined in Section 5102, subdivision (d) of
the Insurance Law of the State of New York, as amended.
38. That plaintiff sustained serious injuries and economic loss greater
than basic economic loss as to satisfy the exceptions of section 5104 of the
Insurance Law.
39. That plaintiff is not seeking to recover any damages for which
plaintiff has been reimbursed by no-fault insurance and/or for which no-fault
insurance is obligated to reimburse plaintiff. Plaintiff is only seeking to recover
those damages not recoverable through no-fault insurance under the facts and
circumstances in this action.
40. This action falls within one or more of the exceptions set forth in
CPLR 1602.
41. The amount of the damages sought in this action exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction
over this matter.
FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022
42. That by reason of the premises, the plaintiff has been damaged in a
sum to be determined at the trial of this action.
WHEREFORE, Plaintiff demands judgment against defendants New York
City Transit Authority, MTA Bus Company, and Richard Brana, in a sum excêêding
the jurisdictional limits of all lower courts that would otherwise have Jurisdiction
of this action, which sum shall be determined at the trial of this action together
with the costs and disbursements of this action.
Your , etc.
LEONARD SPECT R, ESQ.
Attorney for Plaintiff
16 Court Street, Ste. 2600
Brooklyn, New York 11242
(718) 875-3900
FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------X
COLLINS IMAM
Plaintiff/Petitioner,
-against- 160818/2021
Index No.
NEW YORK CITY TRANSIT AUTHORITY,
MTA BUS COMPANY, and RICHARD BRANA
---------------------.9efe-nd-any eggnEX
NOTICE OF ELECTRONIC FILlNG
You have received this Notice because:
• The whose name is listed has filed this
Plaintiff/Petitioner, above, case using the
New York State Courts e-filing system, and
• You are a Defendant/Respondent (a In this case.
party)
(CPLR § 2111, Uniform Rule § 202.5-bb)
If you are represented by an attorney: give this Notice to your attorney. IAttorneys: see
Attorneys"
"Information for pg. 2).
If you are not represented by an attornay: you are not required to e-file. You may
serve and file documents in paper form and you must be served with documents in
paper form. as a without an you participate in e-
However, party attorney, may
filing.
Benefits of E-Filing
You can:
• serve and file your documents electronically
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pay any
There are no additional fees to e-file, view, or print your case records.
To sign up for e-filing or for more information about how e-filing works, you may:
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Help
legal information to help you represent yourself visit www.nycourthelp.gov
Page i of 2 EFM-1
FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022
Information for Attorneys
An attomey representing a party who is served with this notice must either:
1) immediately record his or her representation within the e-filed matter on the NYSCEF
site httnst//lanns.courts state.nv.us/nvscaffHnmePane: or
2) file the Notice of Opt-Out form with the clerk of the court where this action is pending.
Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that
they lack the computer hardware and/or scanner and/or internet connection or that they
lack (along with all employees subject to their direction) the operational knowledge to
comply with e-filing requirements. [Section 202.5-bb(e)]
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone:
646-386-3033; e-mail: afllamnycourts.gow),
12/3/2021
Dated:
LEONARD . SPECTOR 16 Court Street, Suite 2600
a e Address
Brooklyn, NY 11241
Fir ame
7188753900
Phone
speclaw@ren.com
E-Mail
To: RICHARD BRANA
108 Continental Avenue
Belleville, NJ 07109
11/20/17
Page 2 of 2 EFM-1
Index No.
FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022
5-TATE OF NEW YORK. COUNTY OF KINGS ne
The undernigned.
an attorneyadmittedto practice
in the courts
ofNew York State,
cetaman certifies that
the within
"'"""" and found and complete copy.
a has heen comparedby the undersignedwiththe original to be a true
5 AHehA shows: deponentis
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the attorney (s)recordfor
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$ . The Plaintiff 3, ,g,,3,33,,c,3,,d,,,,,,,.hasread theforepain
Complaint and knows the contents thereof t
the eame :
trueto own knnwledge.
deponent's exceptas to the matters
thereinstated to be alleged on information
and helief.
end thatas tothose matters
deponent believes it to be true.
This verineation
is made bydeponent and notby
in thatthe Plaintiff
resides out of thecounty wherein deponent maiñtaiña hisoffice.
Plaintiff,
The prounds nideponent'sbelief
as toan mattere deponent's
not atated upon knowledgeore as follows:
Records reviewed and conversations had withPlaintiff.
The undersignedaffirmsthat statemento are true,
the foregoing of perjury.
under the penalties
Dated: December 2, 2021
STATE OF NEW YoRK. COUNTY OF n, LEONARD C. SPE TOR
beingduly sworn,deposes and says:
deponent is
" " the in thewithinactiontdeponent han read
the foregoing and knows the same
the contents thereof: to
is true
3 deponent'sown knowledge,except as to
the matters
therein be alleged on tafana••ian
atated to and as
and belief,
to those matters
deponentbelieves it to
be true.
. the of
a corporation, in the within deponent
action: has read the
foregoing and knows the contents thereof t and
thesame
is true to deponent's
own knowledge,except as to the mattere
theseinstatedto be alleged
upon informationand
and
belief, as tothose mattersdeponentbelievesittobe true.This verineationismade by deponent beesuse
and deponent is an officer
is a corporation therent.
The grounds ofdeponent's as to
helief allmattersnot stated upon
deponent'sknowledge are as follows:
Sworn to beforeme on ItK ---- gg,gig;gg,r"·"""
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STATE OF NEW YORK. COUNTY of su
beingduly sworn.deposen and says:
deponent is not a party
to the action,
is over18 years of age end resides at
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upon
[9 depg,antaggggd the within
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Sworn to heforeme on 19
Preview
FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022 EXHIBIT "G FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022 SUPREME COURT OF THE STATE OF NEW YORK Index No.: 160818/2021 COUNTY OF NEW YORK Filed on: 12/3/2021 ------------------- _____-----------------------------------------X COLLINS IMAM PLAINTIFF DESIGNATES Plaintiff, COUNTY OF NEW YORK AS PLACE OF TRIAL -against- THE BASIS OF THE VENUE IS LOCATION OF THE INCIDENT NEW YORK CITY TRANSIT AUTHORITY, SUMMONS MTA BUS COMPANY, and RICHARD BRANA INCIDENT OCCURRED AT E. 86th STREET AND THIRD AVENUE IN THE COUNTY OF NEW YORK Defendants. -----------------------------------------------------------------X To the above-named defendant(s) YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of your answer, or ifthe complaint isnot served with thissum=ens, to serve a notice of appearance, on the Plaintiff's attorney within 20 days afterthe service of thissummons exclusive of the date of service (or within 30 days after the service iscomplete, ifthissn==ons isnot personally delivered to you within the State of New York); and in case of your failureto appear or answer, judgment will be taken against you by default for the reliefdemanded in the complaint. Dated: December 2, 2021 LEONARD . s CTOR, ESQ. Attorney for Plaintiff 16 Court Street,Suite 2600 Brooklyn, NY 11241 (718)-875-3900 Defendant(s) Address: THE NEW YORK CITY TRANSIT AUTHORITY 130 Livingston Street Brooklyn, New York 11201 MTA BUS COMPANY 2 Broadway New York, New York 10004 RICHARD BRANA 108 Continental Ave Belleville, NJ 07109 DOCS\SUMMONSGUMMONS FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ______-------------._ _---------.-------..-----------------._ ___-----X COLLINS IMAM, 160818/2021 INDEX NO.: Plaintiff, -against- VERIFIED COMPLAINT NEW YORK CITY TRANSIT AUTHORITY, MTA BUS COMPANY, and RICHARD BRANA Defendants. -------__-------.-----------------....--.------ ......_ _--------X Plaintiff, upon information and belief, by his attorney, Leonard C. Spector, Esq., as and for his complaint, respectfully alleges: 1. On December 1, 2020, the plaintiff was the operator of a Lexus motor vehicle bearing license plate JRM1399 issued by the State of New York. 2. Upon information and belief, that at alltimes herein mentioned, the defendant NEW YORK CITY TRANSIT AUTHORITY (hereinafter referred to as "NYCTA") was and now is a public authority, duly organized and existing under and by virtue of the laws of the State of New York. 3. That at all times herein mentioned, the defendant NYCTA is and was a public benefit corporation organized for the purposes of providing transportation. 4. Upon information and belief, that at alltimes herein mentioned, the defendant MTA BUS COMPANY (hereinafter referred to as "MTA") was and now is a public authority, duly organized and existing under and by virtue of the laws of the State of New York. 5. That at alltimes herein mentioned, the dêfêñdant MTA is and was a public benefit corporation organized for the purposes of providing transportation. FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022 6. Upon information and belief, at alltimes herein the mentioned, defendant NYCTA was the owner of a bus license plate issued having BA3703, by the State of New York. 7. Upon information and belief, at alltimes herein the mentioned, defendant NYCTA was the leasee of a bus license plate issued having BA3703, by the State of New York 8. Upon information and belief at all times herein the mentioned, defendant MTA was the owner of a bus having license plate BA3703, issued by the State of New York. 9. Upon information and belief, at all times herein the mentioned, defendant MTA was the leasee of a bus having license plate BA3703, issued by the State of New York 10. Upon information and belief, on December 1, 2020, Defendant Richard Brana (hereinafter referred to as "Brana") was operating the aforesaid bus owned and/or leased by defendant NYCTA. 11. Upon information and belief, on December 1, 2020, Defendant Brana was operating the aforesaid bus owned and/or !eased by defendant MTA. 12. Upon information and belief, on December 1, 2020, Defendant Brana was operating the aforesaid bus in the course of his empicymêñt with defendant NYCTA. 13. Upon information and belief, on December 1, 2020, Defendant Brana was operating the aforesaid bus in the course of his employment with defendant MTA. 14. Upon information and belief, on December 1, 2020, Defendant Brana was operating the aforesaid bus with the permission and consent of defendant NYCTA. 15. Upon information and belief, on December 1, 2020, Defendant Brana was operating the aforesaid bus with the permission and consent of defendant MTA. FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022 16. At alltimes hereinafter mentioned, defendants NYCTA and/or MTA managed the aforementioned bus. 17. At all times hereinafter defendants NYCTA mentioned, and/or MTA maintained the aforementioned bus 18. At all times hereinafter defendants mentioned, NYCTA and/or MTA controlled the aforementioned bus 19. At all times hereinafter the defendant Brana mentioned, managed the aforementioned bus owned by defendants NYCTA and/or MTA. 20. At all times hereinafter mentioned, the defendant Brana maintained the aforementioned bus owned by defendants NYCTA and/or MTA 21. At alltimes hereinafter mentioned, the defendant Branna controlled the aforementioned bus owned by defendants NYCTA and/or MTA. 22. That upon information and belief, on December 1, 2020, Defendant Branna was operating the aforesaid bus owned/leased by Defendant NYCTA on E. 86th Street at or near itsintersection with Third Avenue, in the County of New York, City and State of New York. 23. That upon information and belief, on December 1, 2020, Defendant Branna was operating the aforesaid bus owned/leased by Defendant MTA on E. 86th Street at or near its intersection with Third Avenue, in the County of New York, City and State of New York. 24. That on December 1, 2020, the plaintiff was stopped while operating the aforesaid Lexus motor vehicle on E. 86th Street at or near itsintersection with Third Avenue in the County of New York, City and State of New York. 25. That on December 1, 2020, E. 86th Street at or near itsintersection with Third Avenue, in the County of New York, City and State of New York, was a public highway, along and upon which motor vehicles were accustomed to and did travel. 26. That on the 1st day of December, 2020, while the Defendant Brana was operating the aforesaid bus owned by Defendants NYCTA and/or MTA, said bus was in contact with the motor vehicle of plaintiff as aforesaid. FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022 27. That a physical contact between the motor vehicle of the plaintiff and defendants took place on December 2020 on E. 86th Street 1, at its intersection with Third Avenue, County of New York, and State of New York. City 28. That the said negligence and carelessness on the part of the defendants NYCTA, MTA, and Brana consisted of the amongst other following things: In their respective negligent operation ownership, maintenance, and control of their bus; in said bus at a dangerous rate of speed under operating all circumstances and conditions then and there in to give prevailing; failing any signal or warning of the impending collision and physical in to use contact; failing reasonable care, caution and prudence; in to operate a bus with regard for failing the safety of others, and more particularly, the plaintiff in wanton and herein; reckless acts and other conduct all of which contributed to the accident complained of herein; in causing a physical contact and resulting to plaintiff injury by reason of the facts heretofore alleged; in operating said bus in violation of statutes, rules, regulations and ordinances in such cases made and provided; in wanton and reckless acts and other conduct all of which contributed to the accident complained of herein; in causing a physical contact and resulting injury to plaintiff by reason of the facts heretofore alleged; in failing to keep a proper tookout; in the disregard of the rights and safety of uses of the highway, including the plaintiff herein; in causing a physical contact and resulting injury to plaintiff by reason of the facts heretofore alleged; in misJudging the distance between said bus and plaintiff's vehicle; in failing to keep a safe distance from other vehicles using the aforesaid highway; in swerving said bus into plaintiff's lane of traffic and into plaintiff's vehicle; In failing to heed the traffic conditions than and there existing; and in being otherwise reckless and careless in the premises, all in disregard of the rights and safety of users of the highway, including the plaintiff herein. 29. Defendants NYCTA and/or MTA being further negligent in hiring negligent and careless drivers, and in particular defendant Brana herein; in failing to adequately, and properly train and supervise itsdrivers and in particular defendant Montgomery herein and in being otherwise negligent and careless in the premises. FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022 30. That by reason of the foregoing, the plaintiff has been seriously, painfully and permanently injured; was rendered lame and sick, sore, disabled; was caused to and did sustain intense physical pain and mental anguish and still suffers from same; by reason thereof, the plaintiff has become incapacitated from attending to his usual tasks and duties, vocations and avocations and will be so incapacitated in the future; was confined to his bed and was compelled home; to seek medical aid, care and attention to cure and alleviate the injuries sustained; and upon information and belief will be required to continue with medical care and attention and to have further periods of allwithout cause on this disability, plaintiff's part. 31. That the aforesaid accident and the injuries sustained by plaintiff, and all his damages resulting therefrom, were caused the negligence of solely by the defendants and without any negligence on the part of the plaintiff contributing thereto. 32. That heretofore and on the 4th day of February, 2021, the plaintiff caused to be served upon the defendant NYCTA a claim for damages for personal injuries and related expenses sustained by plaintiff, together with the Demand for an adjustment of the same, and a Notice that ifthe said claim was not settled or adjusted within the statutory time, an action would be commenced to recover damages, and the defendant NYCTA herein has neglected and refused to adjust, settle or to pay the same; that the claim and notice were duly served upon the defendant NYCTA within ninety (90) days after the occurrence of said accident, and the sustaining of said injury and expense, and that this action was commenced within one year and ninety (90) days from the date of the accident. 33. That heretofore and on the 5th day of February, 2021, the plaintiff caused to be served upon the defendant MTA a claim for damages for personal injuries and related expenses sustained by plaintiff, together with the Demand for an adjustment of the same, and a Notice that ifthe said claim was not settled or adjusted within the statutory time, an action would be commenced to recover damages, and the defendant MTA herein has neglected and refused to adjust, settle or to pay the same; that the claim and notice were duly served upon the defendant MTA within ninety (90) days after the occurrence of said accident, and FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022 the sustaining of said injury and expense, and that this action was commenced within one year and ninety (90) days from the date of the accident. 34. That the plaintiff has duly complied with all provisions and statutory law applicable to the defendant NYCTA and precedent to the of this claim making and the bringing of this action, and that the claim has been presented and this action has been commenced within the period of time prescribed and provided by statute and law. 35. That the plaintiff has duly complied with all provisions and statutory law applicable to the defendant MTA and precedent to the of this claim making and the bringing of this action, and that the claim has been presented and this action has been commêñced within the period of time prescribed and provided by statute and law. 36. That as of this date, neither NYCTA nor MTA scheduled a hearing of plaintiff pursuant to General Municipal Law 50 (H), however plaintiff is ready and willing to appear and attend at a mutually convenient date and time if required. 37. That as a result of the collision and contact aforementioned, the plaintiff sustained a serious injury as defined in Section 5102, subdivision (d) of the Insurance Law of the State of New York, as amended. 38. That plaintiff sustained serious injuries and economic loss greater than basic economic loss as to satisfy the exceptions of section 5104 of the Insurance Law. 39. That plaintiff is not seeking to recover any damages for which plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated to reimburse plaintiff. Plaintiff is only seeking to recover those damages not recoverable through no-fault insurance under the facts and circumstances in this action. 40. This action falls within one or more of the exceptions set forth in CPLR 1602. 41. The amount of the damages sought in this action exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this matter. FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022 42. That by reason of the premises, the plaintiff has been damaged in a sum to be determined at the trial of this action. WHEREFORE, Plaintiff demands judgment against defendants New York City Transit Authority, MTA Bus Company, and Richard Brana, in a sum excêêding the jurisdictional limits of all lower courts that would otherwise have Jurisdiction of this action, which sum shall be determined at the trial of this action together with the costs and disbursements of this action. Your , etc. LEONARD SPECT R, ESQ. Attorney for Plaintiff 16 Court Street, Ste. 2600 Brooklyn, New York 11242 (718) 875-3900 FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------X COLLINS IMAM Plaintiff/Petitioner, -against- 160818/2021 Index No. NEW YORK CITY TRANSIT AUTHORITY, MTA BUS COMPANY, and RICHARD BRANA ---------------------.9efe-nd-any eggnEX NOTICE OF ELECTRONIC FILlNG You have received this Notice because: • The whose name is listed has filed this Plaintiff/Petitioner, above, case using the New York State Courts e-filing system, and • You are a Defendant/Respondent (a In this case. party) (CPLR § 2111, Uniform Rule § 202.5-bb) If you are represented by an attorney: give this Notice to your attorney. IAttorneys: see Attorneys" "Information for pg. 2). If you are not represented by an attornay: you are not required to e-file. You may serve and file documents in paper form and you must be served with documents in paper form. as a without an you participate in e- However, party attorney, may filing. Benefits of E-Filing You can: • serve and file your documents electronically • view your case file on-line • limit your number of trips to the courthouse • court fees on-line. pay any There are no additional fees to e-file, view, or print your case records. To sign up for e-filing or for more information about how e-filing works, you may: • visit: www.nycourts.gov/efile-unrepresented or • go to the Center or Clerk's Office at the court where the case was filed.To find Help legal information to help you represent yourself visit www.nycourthelp.gov Page i of 2 EFM-1 FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022 Information for Attorneys An attomey representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site httnst//lanns.courts state.nv.us/nvscaffHnmePane: or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing requirements. [Section 202.5-bb(e)] For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: afllamnycourts.gow), 12/3/2021 Dated: LEONARD . SPECTOR 16 Court Street, Suite 2600 a e Address Brooklyn, NY 11241 Fir ame 7188753900 Phone speclaw@ren.com E-Mail To: RICHARD BRANA 108 Continental Avenue Belleville, NJ 07109 11/20/17 Page 2 of 2 EFM-1 Index No. FILED: NEW YORK COUNTY CLERK 01/31/2022 11:29 AM INDEX NO. 160818/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/31/2022 5-TATE OF NEW YORK. COUNTY OF KINGS ne The undernigned. an attorneyadmittedto practice in the courts ofNew York State, cetaman certifies that the within "'"""" and found and complete copy. a has heen comparedby the undersignedwiththe original to be a true 5 AHehA shows: deponentis -1 ****"'" of the attorney (s)recordfor . $ . The Plaintiff 3, ,g,,3,33,,c,3,,d,,,,,,,.hasread theforepain Complaint and knows the contents thereof t the eame : trueto own knnwledge. deponent's exceptas to the matters thereinstated to be alleged on information and helief. end thatas tothose matters deponent believes it to be true. This verineation is made bydeponent and notby in thatthe Plaintiff resides out of thecounty wherein deponent maiñtaiña hisoffice. Plaintiff, The prounds nideponent'sbelief as toan mattere deponent's not atated upon knowledgeore as follows: Records reviewed and conversations had withPlaintiff. The undersignedaffirmsthat statemento are true, the foregoing of perjury. under the penalties Dated: December 2, 2021 STATE OF NEW YoRK. COUNTY OF n, LEONARD C. SPE TOR beingduly sworn,deposes and says: deponent is " " the in thewithinactiontdeponent han read the foregoing and knows the same the contents thereof: to is true 3 deponent'sown knowledge,except as to the matters therein be alleged on tafana••ian atated to and as and belief, to those matters deponentbelieves it to be true. . the of a corporation, in the within deponent action: has read the foregoing and knows the contents thereof t and thesame is true to deponent's own knowledge,except as to the mattere theseinstatedto be alleged upon informationand and belief, as tothose mattersdeponentbelievesittobe true.This verineationismade by deponent beesuse and deponent is an officer is a corporation therent. The grounds ofdeponent's as to helief allmattersnot stated upon deponent'sknowledge are as follows: Sworn to beforeme on ItK ---- gg,gig;gg,r"·""" ,,, hotar y STATE OF NEW YORK. COUNTY of su beingduly sworn.deposen and says: deponent is not a party to the action, is over18 years of age end resides at O - Ament or son 0, upon [9 depg,antaggggd the within for attorney (s) in this at action, the address designated by said attorney (s) forthatpurpose by a true copy of some enclosed in a past.paid depositing in - eddressed wrapper, properly a post office -official depositoryunderthe exclusive eare and custody of the UnkedStates Postal Service withinthe State of New York. mee*al On 19 at s.,,..,depenent served the within apon the herein, by delivering a grue copy thereof to h personally. Deponent knew the person so served to be the person mentioned and described in emid papers as the therein. Sworn to heforeme on 19