On October 03, 2018 a
Party Statement
was filed
involving a dispute between
Raul Santillan,
and
Mana M. Waiba,
The New World Service Inc.,
for Torts - Motor Vehicle
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 09/16/2021 09:48 PM INDEX NO. 519867/2018
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 09/16/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------------X INDEX NO.: 519867/2018
RAUL SANTILLAN,
Plaintiff,
STATEMENT OF
MATERIAL FACTS
- against -
THE NEW WORLD SERVICE INC. and
MANA M. WAIBA,
FILE NO.1027151
Defendants.
----------------------------------------------------------------------X
STATEMENT OF MATERIAL FACTS
1. In this negligence action, plaintiff seeks damages as a result of a motor vehicle accident
occurred on Atlantic Avenue between Troy Avenue and Schenectady Avenue, Brooklyn,
New York on or about April 22, 2018. Attached hereto as EXHIBIT “A”, is a copy of
Plaintiff’s Summons and Complaint.
2. As indicated therein, plaintiff alleges that defendants THE NEW WORLD SERVICE INC.
and MANA M. WAIBA, were negligent. A copy of defendants herein’s Verified Answer
is annexed hereto as EXHIBIT “C”, dated November 16, 2018
3. Plaintiff alleges as per the Verified Bill of Particulars, annexed hereto as EXHIBIT “B,”
that she sustained the following injuries: injuries to cervical spine and lumbar spine.
4. Based on the affirmed medical reports of defendant’s examining doctors, discussed below,
as well as plaintiff’s own verified pleadings and testimony, defendants submit that the
allegations of injury are unsubstantiated and cannot meet the statutory threshold
requirements of “serious injury”, under any of the applicable categories.
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FILED: KINGS COUNTY CLERK 09/16/2021 09:48 PM INDEX NO. 519867/2018
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 09/16/2021
5. The Note of Issue, attached as EXHIBIT “E,” was filed on August 26, 2021, thus
Defendants’ motion is timely.
6. Defendant requested Dr. Salvatore Corso, an independent medical examiner for
defendants, to perform an orthopedic examination on plaintiff. Dr. Corso found that the
alleged injuries to the cervical spine and lumbar spine, are all resolved. Dr. Corso also
found that plaintiff did not show evidence of an orthopedic disability, permanency or
residuals, and is capable of seeking employment without restrictions. Dr. Corso’s affirmed
examination report is annexed hereto as EXHIBIT “F”.
7. The above stated medical proofs and plaintiff’s testimony establish plaintiff cannot meet
the serious injury threshold requirement as mandated by Insurance Law Sections 5104(a)
and 5102(d).
8. Defendant herein respectfully requests that this Court find that there are no issues of fact
as plaintiff fails to meet a “serious injury” within the meaning of Insurance Law § 5104(a)
and 5102 (d), set forth in defendant herein’ s Affirmation in Support and therefore grant
defendants’ Motion for summary judgment and dismiss plaintiff’s Complaint in its entirety.
Dated: Brooklyn, New York
September 16, 2021
BAKER, McEVOY & MOSKOVITS, P.C.
______________________________________
YOUNG CHOO, ESQ.
Attorneys for Defendants,
One MetroTech Center
Brooklyn, New York 11201
(212) 857-8230
MAILING ADDRESS
5 Broadway
Freeport, NY 11520
2
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FILED: KINGS COUNTY CLERK 09/16/2021 09:48 PM INDEX NO. 519867/2018
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 09/16/2021
To: RONALD W. RAMIREZ, ESQ.
Attorneys for Plaintiff(s)
107-19 71st Avenue
Forest Hills, New York 11375
(718) 268-8900
3
3 of 3
Document Filed Date
September 16, 2021
Case Filing Date
October 03, 2018
Category
Torts - Motor Vehicle
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Preview
FILED: KINGS COUNTY CLERK 09/16/2021 09:48 PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 09/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------------X INDEX NO.: 519867/2018 RAUL SANTILLAN, Plaintiff, STATEMENT OF MATERIAL FACTS - against - THE NEW WORLD SERVICE INC. and MANA M. WAIBA, FILE NO.1027151 Defendants. ----------------------------------------------------------------------X STATEMENT OF MATERIAL FACTS 1. In this negligence action, plaintiff seeks damages as a result of a motor vehicle accident occurred on Atlantic Avenue between Troy Avenue and Schenectady Avenue, Brooklyn, New York on or about April 22, 2018. Attached hereto as EXHIBIT “A”, is a copy of Plaintiff’s Summons and Complaint. 2. As indicated therein, plaintiff alleges that defendants THE NEW WORLD SERVICE INC. and MANA M. WAIBA, were negligent. A copy of defendants herein’s Verified Answer is annexed hereto as EXHIBIT “C”, dated November 16, 2018 3. Plaintiff alleges as per the Verified Bill of Particulars, annexed hereto as EXHIBIT “B,” that she sustained the following injuries: injuries to cervical spine and lumbar spine. 4. Based on the affirmed medical reports of defendant’s examining doctors, discussed below, as well as plaintiff’s own verified pleadings and testimony, defendants submit that the allegations of injury are unsubstantiated and cannot meet the statutory threshold requirements of “serious injury”, under any of the applicable categories. 1 of 3 FILED: KINGS COUNTY CLERK 09/16/2021 09:48 PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 09/16/2021 5. The Note of Issue, attached as EXHIBIT “E,” was filed on August 26, 2021, thus Defendants’ motion is timely. 6. Defendant requested Dr. Salvatore Corso, an independent medical examiner for defendants, to perform an orthopedic examination on plaintiff. Dr. Corso found that the alleged injuries to the cervical spine and lumbar spine, are all resolved. Dr. Corso also found that plaintiff did not show evidence of an orthopedic disability, permanency or residuals, and is capable of seeking employment without restrictions. Dr. Corso’s affirmed examination report is annexed hereto as EXHIBIT “F”. 7. The above stated medical proofs and plaintiff’s testimony establish plaintiff cannot meet the serious injury threshold requirement as mandated by Insurance Law Sections 5104(a) and 5102(d). 8. Defendant herein respectfully requests that this Court find that there are no issues of fact as plaintiff fails to meet a “serious injury” within the meaning of Insurance Law § 5104(a) and 5102 (d), set forth in defendant herein’ s Affirmation in Support and therefore grant defendants’ Motion for summary judgment and dismiss plaintiff’s Complaint in its entirety. Dated: Brooklyn, New York September 16, 2021 BAKER, McEVOY & MOSKOVITS, P.C. ______________________________________ YOUNG CHOO, ESQ. Attorneys for Defendants, One MetroTech Center Brooklyn, New York 11201 (212) 857-8230 MAILING ADDRESS 5 Broadway Freeport, NY 11520 2 2 of 3 FILED: KINGS COUNTY CLERK 09/16/2021 09:48 PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 09/16/2021 To: RONALD W. RAMIREZ, ESQ. Attorneys for Plaintiff(s) 107-19 71st Avenue Forest Hills, New York 11375 (718) 268-8900 3 3 of 3