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FILED: KINGS COUNTY CLERK 02/04/2021
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_________________ -------------------------------------------X
RAUL SANTILLAN,
Plaintiff, NOTICE OF MOTION
- against - Index No. 519867/18
THE NEW WORLD SERVICE INC. and Assigned to: Justice Schmidt
MANA M. WAIBA,
Defendants.
._ _______
__________________ ____-_______ ________ _ ___,------X
COUNSELORS:
PLEASE TAKE NOTICE that upon the annexed affirmation of RONALD W.
RAMIREZ, affirmed the
4sh
of F&r 20% w the dibh and he Wp
the pleadings and proceedings heretofore had herein, the undersigned will move this Court at a
Motion Support Part thereof, at the courthouse located at 360 Adams Street, Brooklyn, New
York, on the 8th day of March, 2021 at 9:30 o'clock in the forenoon of that day, or as soon
thereafter as counsel can be heard, for an order:
a ) Striking the answer of the Defendants for their continuous refusal to
comply with the prior orders of this Court directing them to appear for an
EBT, and setting this case down for an assessment of damages against the
Defendants, together with costs, or, alternatively,
b) Directing Defendants to appear for a court-ôrdered EBT or be
precluded; and
c) Extending the time for Plaintiff to file the Note of Issue in this action,
and for such other and further relief as to this Court may seem just, proper and equitable.
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PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), answering
affidavits, if any, are required to be served at least seven (7) days prior to the return date of this
motion.
Dated: Forest Hills, New York
February 4, 2021
Yours , etc,
Ro ld W. Ra z
LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
71"
107-19 Avenue
Forest Hills, NY 11375
(718) 261-6161
File No. I80012
TO: BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C.
Attorneys forDefendants
80'
1 Metrotech Center, Floor
Brooklyn, NY 11201
Case ID:97406
FileNo. 1027I51
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
RAUL SANTILLAN,
Plaintiff,
- against -
THE NEW WORLD SERVICE INC. and MANA M. WAIBA,
Defendants.
NOTICE OF MOTION, AFFIRMATION IN SUPPORT OF MOTION and
GOOD FAITH AFFIRMATION IN SUPPORT OF MOTION
LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
197-19 71st Avenue
Forest Hills, New York 11375
Tel. No.: (718) 261-6161
Fax No.: (718) 268-3045
RR @ RWRAMIREZ.COM
CERT1FICATION:
To the best ofthe undersigned's ksswledge, informatian and belief,formed after an inquiry
rea:-nable under the circumstances, the within document(s) and contentions c=±nind
therein are not frivolous as defined in 22 NYCRR §130-1.1-a.
Dated: Forest Hills, New York
February 4, 2021
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
______________ _______________ ________________----------X
RAUL SANTILLAN,
Plaintiff, AFFIRMATION IN
SUPPORT OF MOTION
- against -
Index No. 519867/18
THE NEW WORLD SERVICE INC. and
MANA M. WAIBA,
Defendants.
.--------________________________-----------X
RONALD W.RAMIREZ, an attorney duly admitted to practice law before the courts of the
State of New York respectfully states under the penalties of perjury the following:
l. I am a member of the LAW OFFICE OF RONALD W. RAMIREZ, the
attorneys of record for the Plaintiff in the above-entitled action and, as such, am familiar with
fully
the facts and circumstances of this action.
Plaintiff's'
2. I submit this affirmation in support of motion requesting an order:
a ) Striking the answer of Defendants for their continuous refusal to comply
with the prior orders of this Court directing Defendant to appear for an
EBT, and setting this case down for an assessment of damages against
Defendants, together with costs, or, alternatively,
b) Directing Defendant to appear for a court-ordered EBT or be
precluded; and
c) Extending the time for PInintifftofilethe Note of Issue in this action,
and for such other and further relief as to this Court may seem just, proper and equitable.
3. This is an action for personal injuries sustained by Plaintiff as a result of an
accident which occurred on 5/6/18 due to the negligence of Defendants.
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4. This action was commenced on 10/3/18 with the filing of the Summons and
Verified Complaint (Exhibit A) which was subsequently served upon Defendants.
Defendants'
5. Issue was joined by service of Verified Answer on or about 11/16/18
(Exhibit B).
6. Annexed hereto as Exhibit C is a copy of the Preliminary Conference Order
dated 10/1/19 ordering all parties to appear for EBTs on 1/7/20 and directing Plaintiff to file the
Note of Issue on or before 7/28/20.
7. Plaintiff's EBT was held on 1/7/20. Defendant failed to appear for his EBT.
8. A copy of the Compliance Conference Order dated 1/21/20 is annexed hereto as
Exhibit D. Defendant was again ordered to appear for an EBT, on or before 3/9/20, and Plaintiff
was ordered to file the Note of Issue on or before 8/28/20. Defendant's EBT did not take place in
accordance with this order.
9. A copy of the Compliance Conference Order dated 7/22/20 is annexed hereto as
Exhibit E. Defendant was again ordered to appear for an EBT, on or before 9/30/20, and
Plaintiff was ordered to file the Note of Issue on or before 12/l8/20. Defendant's EBT did not
take place in accordance with this order.
10. A copy of the Final Pre-Note Order dated I1/3/20 is annexed hereto as Exhibit F.
Defendant was again ordered to appear for an EBT, on or before 12/30/20, and Plaintiff was
ordered to file the Note of Issue on or before 2/5/21. Defendant's EBT did not take place in
accordance with this order. At Defendant's request, his EBT was rescheduled to 1/29/21.
11. On 1/28/21 your affirmant's office attempted to confirm this EBT but Defendant's
counsel's office failed to confirm it.
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12. Defendants have continuously ignored the four (4) prior orders of this Court to
appear for an EBT. As a result, discovery in this action has not been completed and Plaintiff has
been unable to file a Note of Issue.
13. Because of Defendant's repeated failure to appear for an EBT, it isrespectfully
Defendants'
requested that answer be stricken and this action be set down for an assessment of
damages against Defendants Alternatively, itis requested that Defendant be again ordered to
appear for an EBT and, failing to do so, be precluded from giving evidence at the time of trial.
14. Additionally, itis respectfully requested that the Note of Issue filing date be
extended from 2/5/21 to a date after the hearing of and decision on this motion by the Court.
15. Plaintiff has a good and meritorious cause of action and this case has been
Defendants'
needlessly delayed and Plaintiff has been unduly prejudiced by failure to abide by
the prior orders of this Court.
WHEREFORE, itis respectfully requested that this Court issue an order:
a ) Striking the answer of the Defendants for their continuous refusal to
comply with the prior orders of this Court directing Defendant to appear
for an EBT, and setting this case down for an assessment of damages
against the Defendants, together with costs, or, alternatively,
b) Directing Defendant to appear for a court-ordered EBT or be
precluded; and
c) the time for Plaintiff to file the Note of Issue in this action,
Extending
and for such other and further relief as to this Court may seem just, proper and equitable.
Affirmed: Forest Hills, New York
February 4, 2021
ONALD W EZ
3
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------X
RAUL SANTILLAN,
AFFIRMATION
Plaintiff, OF GOOD FAITH
- against -
Index No. 519867/18
THE NEW WORLD SERVICE INC. and
MANA M. WAIBA,
Defendants.
-------------------------X
RONALD W. RAMIREZ, an attorney admitted to practice before the Courts of this
State affirms the truth of the following under the penalty of perjury and pursuant to CPLR Rule
2106 that the following facts are true:
1. I am the attorney for the Plaintiff herein and as such I am fully familiar with the
facts and circumstances of this action based upon a review of the case fileand the investigation
materials contained therein.
2. This affirmation is submitted in connection with the filing of a Request for
Judicial Intervention requesting a Prcliminary Conference.
3. This is a negligence action to recover damages for personal injuries sustained by
Plaintiff as a result of an accident which occurred on 5/6/18.
issue'
4. Plaintiff's Summons and Verified Complaint were served on Defendant and
was joined shortly thereafter. Plaintiff's Verified Bill of Particulars was subsequently served
upon Defendant.
5. Plaintiff has attempted to conduct discovery in good faith, but despite these
attempts, discovery has not been completed.
WHEREFORE, Plaintiff respectfully requests a Preliminary Conference be schedüied at
the Court's earliest convenience.
Dated: Forest Hills, New York
August 28, 2019
RON LD W. M Z
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Exhibit A
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SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS
-----------------------------------------------------..-----.--X Date Purchased:
RAUL SANT(LLAN,
SUMMONS
Plaintiff,
Plaintiff designates
- against -
Kings County as the place of trial
THE NEW WORLD SERVICE INC. and The basis of venue is:
MANA M. WAIBA, CPLR § 503(a): where
county
accident occurred
Defendants.
------------------------------------------------------------X Plaintiff resides at:
90*
33-05 Street
Jackson Heights, NY
County of Queens
To the above named Defendants:
You are hereby summoned to answer the complaint in this action, and to serve a
copy of your answer, of if the complaint is not served with thissummons, to serve a notice of
appearance on the Plaintiff's attorneys within twenty (20) days after the services of this summons
exclusive of the day of service, where service is made by delivery upon you personally within the
state,or within thirty(30) days after completion of service where service ismade in any other
manner. In case of your failure to appear or answer, judgment will be taken against you by
default for the reliefdemanded in the complaint.
Dated: Forest Hills, New York
October 2, 2018
Ronald W Ram z
LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
107-1971st Avenue
Forest Hills, New York 11375
(718) 261-6161
FileNo.: 180012
DEFENDANTS'
ADDRESSES:
THE NEW WORLD SERVICE INC.
10 Yorktown Road
Dix Hills, NY 11746
MANA M. WAIBA
82"d 1"
45-18 Street, Floor
Elmhurst, NY 11373
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_.._______.-._.._______......--....--------------X
RAUL SANTILLAN,
Plaintiff,
- against - VERIFIED COMPLAINT
THE NEW WORLD SERVICE INC. and
MANA M. WAIBA,
Defendants.
__..___.._______...--..........___----------.------X
Plaintiff, by his attorneys, the LAW OFFICE OF RONALD W. RAMIREZ,
complaining of Defendants, respectfully alleges, upon information and belief, as follows:
AS AND FOR A FIRST CA1JSF, OF ACTION
1. The cause of action alleged herein arose in the County of Kings, State of New
York.
2. At all times herein mentioned, Defendant THE NEW WORLD SERVICE INC.
was the title owner of a 2013 Toyota motor vehicle bearing New York State license plate ñümber
T490145C.
3. At all times herein mentioned, Defendant THE NEW WORLD SERVICE INC.
was the registered owner of a 2013 Toyota motor vehicle bearing New York State license plate
number T490145C.
4. At all times herein mentioned, Defendant MANA M. WAIBA operated the
aforesaid 2013 Toyota motor vehicle.
5. At all times herein mentioned, Defendant MANA M. WAIBA operated the
aforesaid 2013 Toyota motor vehicle with the knowledge, permission and consent of the owner,
Defendant THE NEW WORLD SERVICE INC.
6. At all times herein mentioned, Defendant MANA M. WAIBA operated the
aforesaid 2013 Toyota motor vehicle while in the course of his employment with Defendant THE
NEW WORLD SERVICE INC.
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7. At all times herein mentioned, Defendant THE NEW WORLD SERVICE INC.
managed the aforesaid 2013 Toyota motor vehicle.
8. At all times herein mentioned, Defendant THE NEW WORLD SERVICE INC.
maintained the aforesaid 2013 Toyota motor vehicle.
9. At all times herein sicütioned, Defendant MANA M. WAIBA controlled the
aforesaid 2013 Toyota motor vehicle.
10. At all times herein mentioned, Plaintiff was the owner and operator of a 2008
Nissan motor vehicle bearing New York State registration number X776DY.
11. At all times herein memioned, Wyckoff Avenue at or near Eldert Street, in the
County of Kings, State of New York, was and is a public roadway and/or thoroughfare.
12. On 5/6/18 at approximately 12:00 a.m. Defendant MANA M. WAIBA was
operating the aforesaid 2013 Toyota motor vehicle southbound on Wyckoff Avenue at or near
Eldert Street at the aforesaid location.
13. On 5/6/18 at approximately 12:00 a.m. Plaintiff was operating the aforesaid 2008
Nissan motor vehicle southbound on Wyckoff Avenue at or near Eldert Street at the aforesaid
location.
14. On 5/6/18 at approximately 12:00 a.m. at the aforesaid location, the aforesaid
2013 Toyota motor vehicle owned by Defendant THE NEW WORLD SERVICE INC. and
operated by Defendant MANA M. WAlBA suddenly began to make an illegal U-turn, and came
into contact with and struck Plaintiff's aforesaid 2008 Nissan motor vehicle.
15. As a result of the aforesaid occurrence, Plaintiff was injured.
16. The aforesaid occurrence was caused wholly and solely by reason of the
carelessness, recklessness and negligence of Defendants, without any fault or negligence on the
part of Plaintiff contributing thereto.
17. Defendants were careless, reckless and negligent in the ownership, operation,
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management, maletenance, and control of the aforesaid 2013 Toyota motor vehicle, and were
õtherwise careless, reckless and grossly negligent under the circumstances then and there
prevailing.
18. By reason of the foregoing, Plaintiff sustained severe and permanent personal
injuries, became sick, sore, lame and disabled; suffered injuries to the nervous system; suffered
mental anguish; was confined to bed and home and may, in the future, be so confined; was
incapacitated from atteñdiñg to his usual duties and vocation and may, in the future, be so
incapacitated; will suffer a loss and/or limitation of quality and enjoyment of life;and Plaintiff
was otherwise damaged.
19. Plaintiff sustained serious injuries as defined by §5102 (d) of the Insurance Law
of the State of New York and economic loss greater than basic economic loss as defined by
§5104 of the Insurance Law of the State of New York.
20. This action fallswithin one or more of the exceptions as set forth in CPLR §l602.
21. By reason of the foregoing, Plaintiff has been damaged in an amount that exceeds
the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
22. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"i"
Paragraphs through "20", inclusive, with the same force and effect as though more fully set
forth herein.
23. As a result of the aforesaid, Plaintiff sustained property damage to his aforesaid
2008 Nissan motor vehicle in the amount of $7,500.00.
WHEREFORE, Plaintiff demands judgment against Defendants on the First Cause of
Action herein in an amount that exceeds the jurisdictional limits of alllower courts which would
otherwise have Plaintiff der. as judgment against Defendants on the Second Cause
jurisdiction;
of Action herein in the amoüñt of $7,500.00; together with the costs and disbursements of this
action.
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Dated: Forest Hills, New York
October 2, 2018
Ronald W. R irez
LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
71"
107-19 Avenue
Forest Hills, New York 11375
(718) 261-6161
FileNo. 180012
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PLAINTIFF'S_YERIFICATION
STATE OF NEW YORK )
:ss.:
COUNTY OF QUEENS )
RAUL SANTILLAN, being duly sworn, says:
I am the Plaintiff in the action herein: Ihave read the annexed
COMPLAINT
and know the contents thereof, and the same are true to my knowledge, except those matters
therein which are stated to be alleged upon information and belief, and as to those matters 1
believe them to be true. My belief as to those matters therein not stated upon kncwledge, is based
upon facts, records, and other pertinent information contained in my personal files.
Dated: Forest Hills, New York
October.2 , 2018
RAUL SA ILLAN
Sworn to before me this
PC day of October, 2018
NOTARY PUB C
WENOY MADOEN
N:,teryPub0c,StateofNewYork
No,01MA/642553
Quaimed in OveensCount
CommissionExpires Aegast 21, ...
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Preview
FILED: KINGS COUNTY CLERK 02/04/2021 03/23/2021 10:55 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 26 46 RECEIVED NYSCEF: 02/04/2021 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _________________ -------------------------------------------X RAUL SANTILLAN, Plaintiff, NOTICE OF MOTION - against - Index No. 519867/18 THE NEW WORLD SERVICE INC. and Assigned to: Justice Schmidt MANA M. WAIBA, Defendants. ._ _______ __________________ ____-_______ ________ _ ___,------X COUNSELORS: PLEASE TAKE NOTICE that upon the annexed affirmation of RONALD W. RAMIREZ, affirmed the 4sh of F&r 20% w the dibh and he Wp the pleadings and proceedings heretofore had herein, the undersigned will move this Court at a Motion Support Part thereof, at the courthouse located at 360 Adams Street, Brooklyn, New York, on the 8th day of March, 2021 at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for an order: a ) Striking the answer of the Defendants for their continuous refusal to comply with the prior orders of this Court directing them to appear for an EBT, and setting this case down for an assessment of damages against the Defendants, together with costs, or, alternatively, b) Directing Defendants to appear for a court-ôrdered EBT or be precluded; and c) Extending the time for Plaintiff to file the Note of Issue in this action, and for such other and further relief as to this Court may seem just, proper and equitable. 1 of 3 FILED: KINGS COUNTY CLERK 02/04/2021 03/23/2021 10:55 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 26 46 RECEIVED NYSCEF: 02/04/2021 03/23/2021 PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), answering affidavits, if any, are required to be served at least seven (7) days prior to the return date of this motion. Dated: Forest Hills, New York February 4, 2021 Yours , etc, Ro ld W. Ra z LAW OFFICE OF RONALD W. RAMIREZ Attorneys for Plaintiff 71" 107-19 Avenue Forest Hills, NY 11375 (718) 261-6161 File No. I80012 TO: BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. Attorneys forDefendants 80' 1 Metrotech Center, Floor Brooklyn, NY 11201 Case ID:97406 FileNo. 1027I51 2 2 of 3 FILED: KINGS COUNTY CLERK 02/04/2021 03/23/2021 10:55 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 26 46 RECEIVED NYSCEF: 02/04/2021 03/23/2021 Index No. 519867/18 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS RAUL SANTILLAN, Plaintiff, - against - THE NEW WORLD SERVICE INC. and MANA M. WAIBA, Defendants. NOTICE OF MOTION, AFFIRMATION IN SUPPORT OF MOTION and GOOD FAITH AFFIRMATION IN SUPPORT OF MOTION LAW OFFICE OF RONALD W. RAMIREZ Attorneys for Plaintiff 197-19 71st Avenue Forest Hills, New York 11375 Tel. No.: (718) 261-6161 Fax No.: (718) 268-3045 RR @ RWRAMIREZ.COM CERT1FICATION: To the best ofthe undersigned's ksswledge, informatian and belief,formed after an inquiry rea:-nable under the circumstances, the within document(s) and contentions c=±nind therein are not frivolous as defined in 22 NYCRR §130-1.1-a. Dated: Forest Hills, New York February 4, 2021 3 of 3 FILED: KINGS COUNTY CLERK 02/04/2021 03/23/2021 10:55 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 27 46 RECEIVED NYSCEF: 02/04/2021 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ______________ _______________ ________________----------X RAUL SANTILLAN, Plaintiff, AFFIRMATION IN SUPPORT OF MOTION - against - Index No. 519867/18 THE NEW WORLD SERVICE INC. and MANA M. WAIBA, Defendants. .--------________________________-----------X RONALD W.RAMIREZ, an attorney duly admitted to practice law before the courts of the State of New York respectfully states under the penalties of perjury the following: l. I am a member of the LAW OFFICE OF RONALD W. RAMIREZ, the attorneys of record for the Plaintiff in the above-entitled action and, as such, am familiar with fully the facts and circumstances of this action. Plaintiff's' 2. I submit this affirmation in support of motion requesting an order: a ) Striking the answer of Defendants for their continuous refusal to comply with the prior orders of this Court directing Defendant to appear for an EBT, and setting this case down for an assessment of damages against Defendants, together with costs, or, alternatively, b) Directing Defendant to appear for a court-ordered EBT or be precluded; and c) Extending the time for PInintifftofilethe Note of Issue in this action, and for such other and further relief as to this Court may seem just, proper and equitable. 3. This is an action for personal injuries sustained by Plaintiff as a result of an accident which occurred on 5/6/18 due to the negligence of Defendants. 1 of 3 FILED: KINGS COUNTY CLERK 02/04/2021 03/23/2021 10:55 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 27 46 RECEIVED NYSCEF: 02/04/2021 03/23/2021 4. This action was commenced on 10/3/18 with the filing of the Summons and Verified Complaint (Exhibit A) which was subsequently served upon Defendants. Defendants' 5. Issue was joined by service of Verified Answer on or about 11/16/18 (Exhibit B). 6. Annexed hereto as Exhibit C is a copy of the Preliminary Conference Order dated 10/1/19 ordering all parties to appear for EBTs on 1/7/20 and directing Plaintiff to file the Note of Issue on or before 7/28/20. 7. Plaintiff's EBT was held on 1/7/20. Defendant failed to appear for his EBT. 8. A copy of the Compliance Conference Order dated 1/21/20 is annexed hereto as Exhibit D. Defendant was again ordered to appear for an EBT, on or before 3/9/20, and Plaintiff was ordered to file the Note of Issue on or before 8/28/20. Defendant's EBT did not take place in accordance with this order. 9. A copy of the Compliance Conference Order dated 7/22/20 is annexed hereto as Exhibit E. Defendant was again ordered to appear for an EBT, on or before 9/30/20, and Plaintiff was ordered to file the Note of Issue on or before 12/l8/20. Defendant's EBT did not take place in accordance with this order. 10. A copy of the Final Pre-Note Order dated I1/3/20 is annexed hereto as Exhibit F. Defendant was again ordered to appear for an EBT, on or before 12/30/20, and Plaintiff was ordered to file the Note of Issue on or before 2/5/21. Defendant's EBT did not take place in accordance with this order. At Defendant's request, his EBT was rescheduled to 1/29/21. 11. On 1/28/21 your affirmant's office attempted to confirm this EBT but Defendant's counsel's office failed to confirm it. 2 2 of 3 FILED: KINGS COUNTY CLERK 02/04/2021 03/23/2021 10:55 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 27 46 RECEIVED NYSCEF: 02/04/2021 03/23/2021 12. Defendants have continuously ignored the four (4) prior orders of this Court to appear for an EBT. As a result, discovery in this action has not been completed and Plaintiff has been unable to file a Note of Issue. 13. Because of Defendant's repeated failure to appear for an EBT, it isrespectfully Defendants' requested that answer be stricken and this action be set down for an assessment of damages against Defendants Alternatively, itis requested that Defendant be again ordered to appear for an EBT and, failing to do so, be precluded from giving evidence at the time of trial. 14. Additionally, itis respectfully requested that the Note of Issue filing date be extended from 2/5/21 to a date after the hearing of and decision on this motion by the Court. 15. Plaintiff has a good and meritorious cause of action and this case has been Defendants' needlessly delayed and Plaintiff has been unduly prejudiced by failure to abide by the prior orders of this Court. WHEREFORE, itis respectfully requested that this Court issue an order: a ) Striking the answer of the Defendants for their continuous refusal to comply with the prior orders of this Court directing Defendant to appear for an EBT, and setting this case down for an assessment of damages against the Defendants, together with costs, or, alternatively, b) Directing Defendant to appear for a court-ordered EBT or be precluded; and c) the time for Plaintiff to file the Note of Issue in this action, Extending and for such other and further relief as to this Court may seem just, proper and equitable. Affirmed: Forest Hills, New York February 4, 2021 ONALD W EZ 3 3 of 3 FILED: KINGS COUNTY CLERK 02/04/2021 08/28/2019 03/23/2021 10:55 10:56 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 28 9 46 RECEIVED NYSCEF: 02/04/2021 08/28/2019 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------X RAUL SANTILLAN, AFFIRMATION Plaintiff, OF GOOD FAITH - against - Index No. 519867/18 THE NEW WORLD SERVICE INC. and MANA M. WAIBA, Defendants. -------------------------X RONALD W. RAMIREZ, an attorney admitted to practice before the Courts of this State affirms the truth of the following under the penalty of perjury and pursuant to CPLR Rule 2106 that the following facts are true: 1. I am the attorney for the Plaintiff herein and as such I am fully familiar with the facts and circumstances of this action based upon a review of the case fileand the investigation materials contained therein. 2. This affirmation is submitted in connection with the filing of a Request for Judicial Intervention requesting a Prcliminary Conference. 3. This is a negligence action to recover damages for personal injuries sustained by Plaintiff as a result of an accident which occurred on 5/6/18. issue' 4. Plaintiff's Summons and Verified Complaint were served on Defendant and was joined shortly thereafter. Plaintiff's Verified Bill of Particulars was subsequently served upon Defendant. 5. Plaintiff has attempted to conduct discovery in good faith, but despite these attempts, discovery has not been completed. WHEREFORE, Plaintiff respectfully requests a Preliminary Conference be schedüied at the Court's earliest convenience. Dated: Forest Hills, New York August 28, 2019 RON LD W. M Z 1 of 1 FILED: KINGS COUNTY CLERK 02/04/2021 03/23/2021 10:55 04:15 AM PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 29 46 RECEIVED NYSCEF: 02/04/2021 03/23/2021 Exhibit A FILED: KINGS COUNTY CLERK 02/04/2021 03/23/2021 10:55 04:15 AM PM INDEX NO. 519867/2018 NYSCEF FILED: DOC. NO. KINGS 29 COUNTY 46 CLERK 10/03 2 018 01: 51 RECEIVED INDEX NYSCEF: NO. 02/04/2021 03/23/2021 519867/2018 / PE NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS -----------------------------------------------------..-----.--X Date Purchased: RAUL SANT(LLAN, SUMMONS Plaintiff, Plaintiff designates - against - Kings County as the place of trial THE NEW WORLD SERVICE INC. and The basis of venue is: MANA M. WAIBA, CPLR § 503(a): where county accident occurred Defendants. ------------------------------------------------------------X Plaintiff resides at: 90* 33-05 Street Jackson Heights, NY County of Queens To the above named Defendants: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, of if the complaint is not served with thissummons, to serve a notice of appearance on the Plaintiff's attorneys within twenty (20) days after the services of this summons exclusive of the day of service, where service is made by delivery upon you personally within the state,or within thirty(30) days after completion of service where service ismade in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the reliefdemanded in the complaint. Dated: Forest Hills, New York October 2, 2018 Ronald W Ram z LAW OFFICE OF RONALD W. RAMIREZ Attorneys for Plaintiff 107-1971st Avenue Forest Hills, New York 11375 (718) 261-6161 FileNo.: 180012 DEFENDANTS' ADDRESSES: THE NEW WORLD SERVICE INC. 10 Yorktown Road Dix Hills, NY 11746 MANA M. WAIBA 82"d 1" 45-18 Street, Floor Elmhurst, NY 11373 1 of 7 FILED: KINGS COUNTY CLERK 02/04/2021 03/23/2021 10:55 04:15 AM PM INDEX NO. 519867/2018 NYSCEF (FILED: DOC. NO. KINGS 29 COUNTY 46 CLERK 10 /03 /2 018 01: 51 RECEIVED INDEX NYSCEF: NO. 02/04/2021 03/23/2021 519867/2018 Pl$ NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _.._______.-._.._______......--....--------------X RAUL SANTILLAN, Plaintiff, - against - VERIFIED COMPLAINT THE NEW WORLD SERVICE INC. and MANA M. WAIBA, Defendants. __..___.._______...--..........___----------.------X Plaintiff, by his attorneys, the LAW OFFICE OF RONALD W. RAMIREZ, complaining of Defendants, respectfully alleges, upon information and belief, as follows: AS AND FOR A FIRST CA1JSF, OF ACTION 1. The cause of action alleged herein arose in the County of Kings, State of New York. 2. At all times herein mentioned, Defendant THE NEW WORLD SERVICE INC. was the title owner of a 2013 Toyota motor vehicle bearing New York State license plate ñümber T490145C. 3. At all times herein mentioned, Defendant THE NEW WORLD SERVICE INC. was the registered owner of a 2013 Toyota motor vehicle bearing New York State license plate number T490145C. 4. At all times herein mentioned, Defendant MANA M. WAIBA operated the aforesaid 2013 Toyota motor vehicle. 5. At all times herein mentioned, Defendant MANA M. WAIBA operated the aforesaid 2013 Toyota motor vehicle with the knowledge, permission and consent of the owner, Defendant THE NEW WORLD SERVICE INC. 6. At all times herein mentioned, Defendant MANA M. WAIBA operated the aforesaid 2013 Toyota motor vehicle while in the course of his employment with Defendant THE NEW WORLD SERVICE INC. 2 of 7 FILED: KINGS COUNTY CLERK 02/04/2021 03/23/2021 10:55 04:15 AM PM INDEX NO. 519867/2018 NYSCEF FILED: DOC. NO. KINGS 29 COUNTY 46 CLERK 10/03/2018 01: 51 RECEIVED INDEX NYSCEF: NO. 02/04/2021 03/23/2021 519867/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 7. At all times herein mentioned, Defendant THE NEW WORLD SERVICE INC. managed the aforesaid 2013 Toyota motor vehicle. 8. At all times herein mentioned, Defendant THE NEW WORLD SERVICE INC. maintained the aforesaid 2013 Toyota motor vehicle. 9. At all times herein sicütioned, Defendant MANA M. WAIBA controlled the aforesaid 2013 Toyota motor vehicle. 10. At all times herein mentioned, Plaintiff was the owner and operator of a 2008 Nissan motor vehicle bearing New York State registration number X776DY. 11. At all times herein memioned, Wyckoff Avenue at or near Eldert Street, in the County of Kings, State of New York, was and is a public roadway and/or thoroughfare. 12. On 5/6/18 at approximately 12:00 a.m. Defendant MANA M. WAIBA was operating the aforesaid 2013 Toyota motor vehicle southbound on Wyckoff Avenue at or near Eldert Street at the aforesaid location. 13. On 5/6/18 at approximately 12:00 a.m. Plaintiff was operating the aforesaid 2008 Nissan motor vehicle southbound on Wyckoff Avenue at or near Eldert Street at the aforesaid location. 14. On 5/6/18 at approximately 12:00 a.m. at the aforesaid location, the aforesaid 2013 Toyota motor vehicle owned by Defendant THE NEW WORLD SERVICE INC. and operated by Defendant MANA M. WAlBA suddenly began to make an illegal U-turn, and came into contact with and struck Plaintiff's aforesaid 2008 Nissan motor vehicle. 15. As a result of the aforesaid occurrence, Plaintiff was injured. 16. The aforesaid occurrence was caused wholly and solely by reason of the carelessness, recklessness and negligence of Defendants, without any fault or negligence on the part of Plaintiff contributing thereto. 17. Defendants were careless, reckless and negligent in the ownership, operation, 3 of 7 FILED: KINGS COUNTY CLERK 02/04/2021 03/23/2021 10:55 04:15 AM PM INDEX NO. 519867/2018 NYSCEF FILED DOC. : NO. KINGS 29 COUNTY 46 CLERK 10/03/2018 01: 51 P1 RECEIVED INDEX NYSCEF: NO. 02/04/2021 03/23/2021 519867/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 management, maletenance, and control of the aforesaid 2013 Toyota motor vehicle, and were õtherwise careless, reckless and grossly negligent under the circumstances then and there prevailing. 18. By reason of the foregoing, Plaintiff sustained severe and permanent personal injuries, became sick, sore, lame and disabled; suffered injuries to the nervous system; suffered mental anguish; was confined to bed and home and may, in the future, be so confined; was incapacitated from atteñdiñg to his usual duties and vocation and may, in the future, be so incapacitated; will suffer a loss and/or limitation of quality and enjoyment of life;and Plaintiff was otherwise damaged. 19. Plaintiff sustained serious injuries as defined by §5102 (d) of the Insurance Law of the State of New York and economic loss greater than basic economic loss as defined by §5104 of the Insurance Law of the State of New York. 20. This action fallswithin one or more of the exceptions as set forth in CPLR §l602. 21. By reason of the foregoing, Plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION 22. Plaintiff repeats, reiterates and realleges each and every allegation contained in "i" Paragraphs through "20", inclusive, with the same force and effect as though more fully set forth herein. 23. As a result of the aforesaid, Plaintiff sustained property damage to his aforesaid 2008 Nissan motor vehicle in the amount of $7,500.00. WHEREFORE, Plaintiff demands judgment against Defendants on the First Cause of Action herein in an amount that exceeds the jurisdictional limits of alllower courts which would otherwise have Plaintiff der. as judgment against Defendants on the Second Cause jurisdiction; of Action herein in the amoüñt of $7,500.00; together with the costs and disbursements of this action. 3 4 of 7 FILED: KINGS COUNTY CLERK 02/04/2021 03/23/2021 10:55 04:15 AM PM INDEX NO. 519867/2018 NYSCEF FILED: DOC. NO. KINGS 29 COUNTY 46 CLERK 10 /03/2018 01: 51 P1dj RECEIVED INDEX NYSCEF: NO. 02/04/2021 03/23/2021 519867/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 Dated: Forest Hills, New York October 2, 2018 Ronald W. R irez LAW OFFICE OF RONALD W. RAMIREZ Attorneys for Plaintiff 71" 107-19 Avenue Forest Hills, New York 11375 (718) 261-6161 FileNo. 180012 S of 7 FILED: KINGS COUNTY CLERK 02/04/2021 03/23/2021 10:55 04:15 AM PM INDEX NO. 519867/2018 NYSCEF FILED DOC. : NO. KINGS 29 COUNTY 46 CLERK 10/03/2018 01:51 PM RECEIVED INDEX NYSCEF: NO. 02/04/2021 03/23/2021 519867/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 PLAINTIFF'S_YERIFICATION STATE OF NEW YORK ) :ss.: COUNTY OF QUEENS ) RAUL SANTILLAN, being duly sworn, says: I am the Plaintiff in the action herein: Ihave read the annexed COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters 1 believe them to be true. My belief as to those matters therein not stated upon kncwledge, is based upon facts, records, and other pertinent information contained in my personal files. Dated: Forest Hills, New York October.2 , 2018 RAUL SA ILLAN Sworn to before me this PC day of October, 2018 NOTARY PUB C WENOY MADOEN N:,teryPub0c,StateofNewYork No,01MA/642553 Quaimed in OveensCount CommissionExpires Aegast 21, ... 6 of 7 FILED: KINGS COUNTY CLERK 02/04/2021 03/23/2021 10:55 04:15 AM PM INDEX NO. 519867/2018 NYSCEF FILED DOC. : NO. KINGS 29 COUNTY 46 CLERK 10/03 /2 018 01: 51 RECEIVED INDEX NYSCEF: NO. 02/04/2021 03/23/2021 519867/2018 Ply NYSCEF DOC. NO. 1 RECEIV