Preview
FILED: KINGS COUNTY CLERK 07/01/2021 04:11 PM INDEX NO. 527995/2019
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 07/01/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------X Index No.: 527995/2019
KENNETH MITCHELL,
Plaintiff, NOTICE OF ENTRY
-against-
GLEN MILLER,
Defendant.
____________ ___________________ X
C O U N S E L O R S:
PLEASE TAKE NOTICE, that annexed is a true copy of an Order duly entered in the
office of the Clerk of the within named Court on July 1, 2021.
Dated: Rockville Centre, NY
July 1, 2021
By.: Mila N Andreou, Esq.
GABRIEL LAW FIRM, P.C.
Attorneys for the Plaintiffs
2 Lincoln Ave. Suite 400
Rockville Centre, NY 11570
(516) 360-9101
JAMES G. BILELLO & ASSOCIATES
Attn: Douglas A. Piacentini, Esq.
Attorneys for Defendant
100 Duffy Avenue, Suite 500
Hicksville, NY 11801
(516) 861-1801
1 of 4
FILED: KINGS COUNTY CLERK 07/01/2021 04:11 PM INDEX NO. 527995/2019
9YSCEF
NYSCEF DOC. NO. 2728
DOC. NO. RECEIVED
RECEIVED NYSCEF:
NYSCEF: 07/01/2021
07/01/2021
At,an 1.A.S. Trial Rart 9 the
Term, of Sgpreme
Court of the State of New York, held in and for the
County of Kings, at the Courthouse, located at
Civic Center, Borough of Brooklyn, City and State
of New York, on the 1st day of July, 20 21
P R E S E T :
Debra Silber
Hon.
Justice
Cal. No. 36
KENNETH L. MITCHELL,
Elaintifr(s) InderNo. 527995/2019
+ against e
GLEN P. MILLER,
Defendaht(s)
NYSCEF
The following papers numbered 1 to read on this motion Papers Numbered
Notice of Motion Order to Show Cause
15-23
and Affidavits(Affirmations) Annexed . ..
Answering Affidavit(Affirmation)
Reply Affidavit (Affirmation) 26
Affidavit¶Afrumatiori
Pleadings - Exhibits
Stipulations- Minutes
FiledISapers
In Mot. Seq. #1, plaintiff moves for summary judgmeñt on the issue of liability in this action which
arises from a motor vehicle accident. Plaintiff supports his motioñ with the pleadings, an affirmation
of counsel, and an affidavit from him, which states that on July 29, 2019, he was stopped for a red
light on Scheñectady Avenue and East New York Avenue in Brooklyn, NY, when he was "violently
rear"
struck in the by defendant's vehicle. The uncertified police report provides corroboration of the
date and time and identity of the parties but could not otherwise be considered as it isnot in admissible
form. Nonetheless, plaintiff makes a prima facie case for summary judgment. Defendant opposes the
motion with solely an attorney's affirmation that states that the motion is premature as discovery is
incomplete. This is insufficient to raise a triable issue of fact. The motion is granted, and any
affirmative defenses of comparative fault are stricken.
MG X
MD
Motio eq. # 1
B N E R:
Hon. Debra ilbei, J.S.C.
2 of 4
FILED: KINGS COUNTY CLERK 07/01/2021 04:11 PM INDEX NO. 527995/2019
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 07/01/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------- ------------------------------X Index No.: 527995/2019
KENNETH MITCHELL,
Plaintiff, AFFIDAVIT OF
SERVICE
-against-
GLEN MILLER,
Defendant.
___ -------------------------------X
STATE OF NEW YORK
COUNTY OF NASSAU
Lisa Giuliante, being duly sworn, says:
I am not a party to the action; I reside in Nassau State of New York, and I am over 18
years of age.
On July , 2021, I served the within Notice of Entry via New York State's
Electronic Filing System, in accordance with Section 202.5 of the Unified Civil Rules for the
Supreme Court and the County Court, previously consented to by the following:
JAMES G. BILELLO & ASSOCIATES
100 Duffy Avenue, Suite 500
Hicksville, NY 11801
Li Aiulia e
Swom bef me this day
o uly, 21
NOTARY PUBLIC
DEBRA A GERBER
Public, Stateof New York
Notary
No. 01GE4859478
Qualified inSuffolkCounty
Commission Expires on May 19, 20_
My
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FILED: KINGS COUNTY CLERK 07/01/2021 04:11 PM INDEX NO. 527995/2019
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 07/01/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.: 527995/2019
.. . ..
KENNETH L. MITCHELL,
Plaintiff,
-against-
GLEN P. MILLER,
Defendant.
ORDER WITH NOTICE OF ENTRY
GABRIEL LAW FIRM, P.C.
Attorneys for Plaintiff
Office and Post Office Address and Telephone
2 Lincoln Avenue; Suite 400
Rockville Centre, New York 11570
516-360-9101
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice in the
courts of New York State, certifies that, upon information and belief and reasonable inquiry, the
contentions contained in the annexed documents are not frivolous.
Dated: July 1, 2021
4 of 4
Preview
FILED: KINGS COUNTY CLERK 07/01/2021 04:11 PM INDEX NO. 527995/2019 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 07/01/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------X Index No.: 527995/2019 KENNETH MITCHELL, Plaintiff, NOTICE OF ENTRY -against- GLEN MILLER, Defendant. ____________ ___________________ X C O U N S E L O R S: PLEASE TAKE NOTICE, that annexed is a true copy of an Order duly entered in the office of the Clerk of the within named Court on July 1, 2021. Dated: Rockville Centre, NY July 1, 2021 By.: Mila N Andreou, Esq. GABRIEL LAW FIRM, P.C. Attorneys for the Plaintiffs 2 Lincoln Ave. Suite 400 Rockville Centre, NY 11570 (516) 360-9101 JAMES G. BILELLO & ASSOCIATES Attn: Douglas A. Piacentini, Esq. Attorneys for Defendant 100 Duffy Avenue, Suite 500 Hicksville, NY 11801 (516) 861-1801 1 of 4 FILED: KINGS COUNTY CLERK 07/01/2021 04:11 PM INDEX NO. 527995/2019 9YSCEF NYSCEF DOC. NO. 2728 DOC. NO. RECEIVED RECEIVED NYSCEF: NYSCEF: 07/01/2021 07/01/2021 At,an 1.A.S. Trial Rart 9 the Term, of Sgpreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, located at Civic Center, Borough of Brooklyn, City and State of New York, on the 1st day of July, 20 21 P R E S E T : Debra Silber Hon. Justice Cal. No. 36 KENNETH L. MITCHELL, Elaintifr(s) InderNo. 527995/2019 + against e GLEN P. MILLER, Defendaht(s) NYSCEF The following papers numbered 1 to read on this motion Papers Numbered Notice of Motion Order to Show Cause 15-23 and Affidavits(Affirmations) Annexed . .. Answering Affidavit(Affirmation) Reply Affidavit (Affirmation) 26 Affidavit¶Afrumatiori Pleadings - Exhibits Stipulations- Minutes FiledISapers In Mot. Seq. #1, plaintiff moves for summary judgmeñt on the issue of liability in this action which arises from a motor vehicle accident. Plaintiff supports his motioñ with the pleadings, an affirmation of counsel, and an affidavit from him, which states that on July 29, 2019, he was stopped for a red light on Scheñectady Avenue and East New York Avenue in Brooklyn, NY, when he was "violently rear" struck in the by defendant's vehicle. The uncertified police report provides corroboration of the date and time and identity of the parties but could not otherwise be considered as it isnot in admissible form. Nonetheless, plaintiff makes a prima facie case for summary judgment. Defendant opposes the motion with solely an attorney's affirmation that states that the motion is premature as discovery is incomplete. This is insufficient to raise a triable issue of fact. The motion is granted, and any affirmative defenses of comparative fault are stricken. MG X MD Motio eq. # 1 B N E R: Hon. Debra ilbei, J.S.C. 2 of 4 FILED: KINGS COUNTY CLERK 07/01/2021 04:11 PM INDEX NO. 527995/2019 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 07/01/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------- ------------------------------X Index No.: 527995/2019 KENNETH MITCHELL, Plaintiff, AFFIDAVIT OF SERVICE -against- GLEN MILLER, Defendant. ___ -------------------------------X STATE OF NEW YORK COUNTY OF NASSAU Lisa Giuliante, being duly sworn, says: I am not a party to the action; I reside in Nassau State of New York, and I am over 18 years of age. On July , 2021, I served the within Notice of Entry via New York State's Electronic Filing System, in accordance with Section 202.5 of the Unified Civil Rules for the Supreme Court and the County Court, previously consented to by the following: JAMES G. BILELLO & ASSOCIATES 100 Duffy Avenue, Suite 500 Hicksville, NY 11801 Li Aiulia e Swom bef me this day o uly, 21 NOTARY PUBLIC DEBRA A GERBER Public, Stateof New York Notary No. 01GE4859478 Qualified inSuffolkCounty Commission Expires on May 19, 20_ My 3 of 4 FILED: KINGS COUNTY CLERK 07/01/2021 04:11 PM INDEX NO. 527995/2019 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 07/01/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 527995/2019 .. . .. KENNETH L. MITCHELL, Plaintiff, -against- GLEN P. MILLER, Defendant. ORDER WITH NOTICE OF ENTRY GABRIEL LAW FIRM, P.C. Attorneys for Plaintiff Office and Post Office Address and Telephone 2 Lincoln Avenue; Suite 400 Rockville Centre, New York 11570 516-360-9101 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed documents are not frivolous. Dated: July 1, 2021 4 of 4