Preview
FILED: NEW YORK COUNTY CLERK 12/17/2020 09:25 PM INDEX NO. 157396/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/17/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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YOLANDA MAYRANT, INDEX NO.: 157396/2019
Plaintiff(s), VERIFIED ANSWER TO
SUPPLEMENTAL SUMMONS
- against - AND AMENDED COMPLAINT,
BILL OF PARTICULARS &
MOHAMMAD UDDIN, CONFIANCE COMBINED DEMANDS
TRANSPORTATION CORPORATION, AND JOHN
DOE, Our File No.: 1040486
Case ID No.: 105223
Defendant(s).
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The Defendant(s) MOHAMMAD UDDIN by their/his/her attorneys, BAKER, MCEVOY
& MOSKOVITS, P.C. answering the Complaint of the Plaintiff herein, respectfully shows and
alleges upon information and belief, as follows:
ANSWER
Deny(ies) each and every allegation in the paragraphs of the Complaint designated as
follows: 9, 10, 11, 12.
Deny(ies) any knowledge or information thereof, sufficient to form a belief as to the truth
of the allegations contained in the paragraphs of the Complaint designated as follows: 1, 2, 4, 5,
6, 8.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
The Court lacks personal jurisdiction over the answering Defendant(s) in that the
summons and complaint was not served upon the Defendant(s), and if the summons was served,
it was not effected in accordance with the applicable provisions of Article 3 of the CPLR
governing the service of process.
SECOND AFFIRMATIVE DEFENSE
By reason of the provisions of Article 51 of the New York Comprehensive Motor Vehicle
Insurance Reparations Act, Sections 5101 to 5108, this Court lacks jurisdiction over the subject
matter of this action and Plaintiff(s) is/are expressly prohibited from maintaining this action.
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THIRD AFFIRMATIVE DEFENSE
Pursuant to the C.P.L.R. Sections 1411 and 1412, any damages sustained by the
Plaintiff(s) was/were caused by the culpable conduct of Plaintiff(s), including contributory
negligence or assumption of the risk, and not by the culpable conduct or negligence of the
answering Defendant(s).
FOURTH AFFIRMATIVE DEFENSE
Pursuant to C.P.L.R. 4545, Plaintiff's recovery should be reduced by any amounts
received or that will be received by Plaintiff(s) from collateral sources of payment.
FIFTH AFFIRMATIVE DEFENSE
If Plaintiff(s) suffered injury and damage in the manner and at the time and place alleged
in the Complaint, which Defendant(s) deny, and if it is determined that said injury and damage
were caused by and contributed to the Plaintiff's failure to use or properly use seat belts, shoulder
harness(es) or other restraining devices, pursuant to the authority of Spier V. Barker, 35 N.Y.2d
444, 363 N.Y.S.2d 916, Defendant(s) pleads Plaintiff’s failure to mitigate damages.
SIXTH AFFIRMATIVE DEFENSE
If it is determined that Plaintiff(s) or any party to this lawsuit has proceeded to arbitration
with respect to any issue related to this action that results in an adverse ruling to said Plaintiff(s)
or party, then the answering Defendant(s) pleads said adverse ruling or award on the theory of
collateral estoppel under the authority of Matter of American Insurance Co. (Messenger-Aetna
Cas. & Sur. Co.), 43 N.Y.2d 184, 401 N.Y.S.2d 36; Altman v. Queens Tr. Corp., 94 Misc.2d
549, 405 N.Y.S.2d 212; Dermatossian v. New York City Transit Authority, 67 N.Y.2d 219, 501
N.Y.S.2d 784; c.f. Baldwin v. Brooks, 83 A.D.2d 85, 443 N.Y.S.2d 906; Clemmens v. Apple, 65
N.Y.2d 746 and Schultz v. Boyscouts of America, 65 N.Y.2d 189.
SEVENTH AFFIRMATIVE DEFENSE
Upon information and belief, plaintiff(s) failed to mitigate damages.
EIGHTH AFFIRMATIVE DEFENSE
Plaintiff(s) damages, if any, are limited by the offset provisions of Section 15-108 of the
General Obligations Law.
NINTH AFFIRMATIVE DEFENSE
The Complaint is barred by the fact that Plaintiff(s) lack(s) standing to bring suit.
Plaintiff(s) either is/are not a proper party to the claims at issue and/or lacks an interest in the
claim. Defendant(s) owe(s) no duty to respond to Plaintiff's/Plaintiffs’ allegations regarding
such claims and the Complaint must therefore be dismissed pursuant to C.P.L.R. 3211(a)(4).
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RESERVATION OF RIGHTS
Defendant(s) reserve(s) the right to amend the answer, defenses, and/or any
counterclaims and cross claims at a later date.
CROSS-CLAIM(S)
Cross-claim against: CONFIANCE TRANSPORTATION CORPORATION
If Plaintiff(s) was caused to sustain any injury and damages as alleged in the complaint
through the negligence or culpable conduct other than the plaintiff(s)' own negligence or
culpable conduct, the alleged injury and damages were caused by the negligence or culpable
conduct of the co-defendant(s) of the answering defendant(s) named as parties to this action in
failing to properly operate, control and/or maintain their motor vehicle(s) at the time and place
and under the circumstances alleged in the complaint, and that the answering defendant(s)
demand indemnification and/or contribution pursuant to Dole V. Dow Chemical Corp., 30
N.Y.2d 143, 331 N.Y.S.2d 382 and Article 14 of the C.P.L.R. from said co-defendant(s) for all
or part of any verdict or judgment which the plaintiff(s) may recover against the answering
defendant(s).
WHEREFORE
WHEREFORE, Defendant(s) demand(s) judgment dismissing the Complaint or
diminishing the damages recoverable by Plaintiff(s) in proportion to the culpable conduct
attributable to Plaintiff(s), together with the costs and disbursements of this action, and further
demands that in the event answering Defendant(s) is/are found liable, that Defendant(s), on the
basis of apportionment of responsibility and/or indemnification, have judgment over against the
Co-Defendant(s) for all or part of the verdict or judgment that Plaintiff(s) may recover against
answering Defendant(s), together with the costs and disbursements of this action, and for any
expenses incurred in the defense thereof, including attorneys’ fees.
Dated: December 17, 2020
Brooklyn, N.Y.
Baker, McEvoy & Moskovits, PC
Ronit Z. Moskovits, Esq.
Attorney(s) for the Defendant
MOHAMMAD UDDIN
One MetroTech Center, 8th Floor
Brooklyn, New York 11201
Tel: 212-857-8230
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ROSS & HILL, ESQS.
Attorney(s) for the Plaintiff(s)
YOLANDA MAYRANT
16 COURT STREET, 35TH FLR
BROOKLYN, NY 11241
Tel: (718) 855-2324
CONFIANCE TRANSPORTATION CORPORATION
Co-defendant(s)
1103 SHERIDAN AVE, #3C
BRONX, NY 10456
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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YOLANDA MAYRANT, INDEX NO.: 157396/2019
Plaintiff(s), ATTORNEY VERIFICATION
- against - Our File No.: 1040486
Case ID No.: 105223
MOHAMMAD UDDIN, CONFIANCE
TRANSPORTATION CORPORATION, AND JOHN
DOE,
Defendant(s).
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I, RONIT Z. MOSKOVITS, an attorney admitted to the practice of law before the courts
of the State of New York, and not a party to the above-referenced action, affirm the following to
be true under the penalties of perjury:
1. Affirmant is a member of the law firm of BAKER, MCEVOY & MOSKOVITS,
P.C., attorneys of record for answering Defendant(s) in the above-referenced action.
2. Affirmant has read the VERIFIED ANSWER TO SUPPLEMENTAL
SUMMONS AND AMENDED COMPLAINT, BILL OF PARTICULARS, & COMBINED
DEMANDS and knows the contents thereof; that same is true to Affirmant’s own knowledge,
except as to the matters therein stated to be alleged on information and belief, and as to those
matters Affirmant believes them to be true.
3. This verification is made by Affirmant and not by answering Defendant(s),
because said Defendant(s) were not within the County in which BAKER, MCEVOY &
MOSKOVITS, P.C. maintain their offices for the practice of law when this VERIFIED
ANSWER TO SUPPLEMENTAL SUMMONS AND AMENDED COMPLAINT, BILL OF
PARTICULARS, & COMBINED DEMANDS was drafted.
4. The grounds of Affirmant’s belief as to all matters not stated upon Affirmant’s
knowledge is as follows: BOOKS AND RECORDS MAINTAINED BY THE FIRM OF
BAKER, MCEVOY & MOSKOVITS, P.C. AND INFORMATION SUPPLIED BY
AMERICAN TRANSIT INSURANCE COMPANY.
Dated: December 17, 2020
Brooklyn, NY
Ronit Z. Moskovits, Esq.
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COUNTY OF NEW YORK
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YOLANDA MAYRANT, INDEX NO.: 157396/2019
Plaintiff(s), DEMAND FOR BILL OF
PARTICULARS &
- against - COMBINED DEMANDS
MOHAMMAD UDDIN, CONFIANCE Our File No.: 1040486
TRANSPORTATION CORPORATION, AND JOHN Case ID No.: 105223
DOE,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to Article 30 of the CPLR, you are hereby
required to file and serve upon the undersigned the following Verified Bill of Particulars of
Plaintiff's alleged cause of action herein within thirty (30) days from the date of service hereof.
1. The name and address of the Plaintiff(s).
2. The age and date of birth of the Plaintiff(s).
3. The social security numbers of Plaintiff(s).
4. The date and time of the occurrence.
5. State the location of the accident/occurrence in sufficient detail to permit identification of
the accident, providing in detail the direction in which each car was proceeding at the
time of the accident.
6. Separate statements setting forth all of the acts or omissions constituting the negligence
of each Defendant(s).
7. State what part(s) of each vehicle came in contact with each other, including contacts
with each pedestrian, fixed object(s) or parked vehicle(s).
8. State the statutes, rules, laws and/or ordinances that alleged Defendant(s) has/have
violated. If property damage is being claimed, please set forth the applicable laws and
circumstances in full detail.
9. State the make, model and the year of manufacture of Plaintiff(s)' vehicle, the reasonable
market value of same immediately prior to and immediately after the alleged accident.
10. If personal injuries are being claimed, please set forth in full detail. Include the nature,
extent, location and duration of each and every injury alleged to have been sustained by
the Plaintiff(s) and if any are claimed to be permanent.
11. If Plaintiff(s) admitted to any hospital or emergency room resulting from the
accident/occurrence, state names and addresses of the facilities, treating physicians &
date of admission and discharge each facility.
12. If applicable, the length of time, giving specific dates, that Plaintiff(s) was/were confined
to bed and to home as a result of the alleged injuries.
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13. The length of time during which Plaintiff was incapacitated from employment and/or
household duties as a result of the alleged injuries, giving specific dates. Set forth the
amount of earnings or wages claimed to have been lost and the rate of wages or basis of
remuneration received by the Plaintiff(s).
14. If applicable, provide the amounts claimed for special damages for:
a. Physicians' services,
b. Medical supplies,
c. Nurses' services,
d. Hospital expenses,
e. X-ray expenses,
f. Chiropractors,
g. Physiotherapists
h. Drugs and medications,
i. Loss of earnings, and
j. Any other items of special damages claimed.
15. The names and last known addresses of any witness to the occurrence herein, pursuant to
Zayas V. Morales, 45 A.D.2d 610, 360 N.Y.S.2d 279.
16. The name and last known address of any person who has information concerning the
condition of the vehicle owned by the Plaintiff(s) and involved in the subject occurrence
herein, as it was on the date of accident or at the time it was last in the custody and
control of the Plaintiff(s).
17. State Plaintiff's occupation; name & address of Plaintiff(s)' employer at the time of the
accident. If Plaintiff(s) is/are self-employed, please state nature of business, business
name and address, and Federal I.D. number.
18. If Plaintiff(s) was a student at the time of the alleged occurrence, set forth the name and
address of the school attended at time of accident and designated class or grade, and the
length of time Plaintiff was unable to attend classes.
19. Set forth any and all collateral sources under C.P.L.R. 4545(c), specifying date paid,
amount of collateral source payment, by whom paid, specifying name, address, file or
claim number and all particulars identifying the payer.
20. State in what respect Plaintiff(s) has/have sustained a serious injury, as defined in
subdivision (d) of Section 5102 of the Insurance Law or economic loss greater than basic
economic loss, as defined in subdivision (a) of Section 5102 of the Insurance Law.
21. If Plaintiff(s) claims aggravation or precipitation of pre-existing injury or condition, state
the nature and extent of such. Provide the name and address of each hospital, clinic,
institution, physician, and other health care provider that treated or examined Plaintiff(s)
for such pre-existing injury.
22. If loss of service is claimed, state or describe the nature of such service, the length of
time each Plaintiff was deprived of such service, and the value of such service. If
wrongful death and/or conscious pain and suffering is claimed, as defined by law, please
set forth in reasonable detail.
23. If applicable, set forth the place and date of the marriage of the decedent, if married, and
to whom at the time of death. If the Plaintiff was not married to decedent, set forth the
relationship at the time of death.
24. If applicable, set forth with specificity, the name(s) and address(es) of the decedent's next
of kin, heirs at law and distributes.
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25. If applicable, state the manner in which the damages allegedly sustained by decedent’s
next of kin and heirs at law and distributes were computed.
Dated: December 17, 2020
Brooklyn, N.Y. Baker, McEvoy & Moskovits, PC
s/Ronit Z. Moskovits
Ronit Z. Moskovits, Esq.
Attorney(s) for the Defendant
MOHAMMAD UDDIN
One Metrotech Center, 8h Fl
Brooklyn, NY11201
Tel: (212) 857-8230
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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YOLANDA MAYRANT, INDEX NO.: 157396/2019
Plaintiff(s), NOTICE FOR DISCOVERY
& INSPECTION
- against -
Our File No.: 1040486
MOHAMMAD UDDIN, CONFIANCE Case ID No.: 105223
TRANSPORTATION CORPORATION, AND JOHN
DOE,
Defendant(s).
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PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and
Rules, Defendant(s) demands that Plaintiff(s) produce and permit discovery by him, his
attorneys, or another acting on his behalf of the following articles, documents, and things for
inspection, copying, testing, and photographing within thirty (30) days after receipt hereof, at
th
BAKER, MCEVOY & MOSKOVITS, PC, ONE METROTECH CENTER, 8 FLOOR,
BROOKLYN, NY 11201, at which time said articles, documents and things will be physically
inspected, copied tested, photographed, and mechanically reproduced.
In lieu of strict compliance with the terms and conditions of this Notice, the undersigned
will accept clearly legible photocopies of the said items, if received by the undersigned at least
five (5) days prior to the return date hereof, together with a letter from the Plaintiff(s)' attorneys
advising as to the completeness of the items provided.
1. If applicable, provide a copy of Letters Testamentary or Limited Letters of
Administration.
2. Itemized statements of the alleged damages to Plaintiff's vehicle, together with the cost of
repairs of each item, the garage or shop that performed the repairs, along with the shop
license numbers.
3. If claim is made for loss of earnings, please provide W-2 forms or certified copies of tax
returns for one year prior to occurrence and the for the year at time of occurrence.
4. True copy of any statement of Defendant(s) and Plaintiff(s) herein, pursuant to CPLR
3101(e).
5. Photographs of any vehicle involved in the accident, the accident scene or of any of the
parties herein following the accident.
6. Records of inspection, maintenance, and report of the vehicle owned by the Plaintiff(s)
which was involved in this occurrence for a period of one year prior to the accident date
herein.
7. True copy of any accident report concerning this occurrence in the custody and control of
Plaintiff(s) made in the ordinary course of business, pursuant to C.P.L.R. 3101(g).
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8. True copy of any MV 104 and police report filed by the operators of any motor vehicles
involved in this accident.
9. Authorization to obtain no fault file, and/or worker’s compensation file. All
authorizations must be HIPAA compliant pursuant to section 164.508 of the Federal
Mandated Final Privacy Rule.
10. Authorization to obtain employment record(s) and workers compensation record(s). All
Authorizations must be HIPAA compliant pursuant to section 164.508 of the Federal
Mandated Final Privacy Rule.
11. Notice of Arbitration and Award in any Arbitration Proceeding arising from the accident,
which is the subject of this action.
12. Authorization to obtain all treating physician(s)' reports, bills, hospital records, surgical
reports, pathology reports, toxicology reports, autopsy reports and bills of any medical
condition(s) claimed to have been activated, precipitated or aggravated by the accident
which is the subject of this action. Authorizations must be HIPAA compliant pursuant to
Section 164.508 of the Federal Mandated Final Privacy Rule.
13. Copy of primary and/or excess insurance policy limits of Co-Defendant(s).
14. Produce authorization(s) to obtain any and all prior medical treatment records, reports
and diagnostic films, pertaining to any medical treatment for a prior injury to the same
body parts or systems, which Plaintiff(s) will allege were injured in the accident in issue.
15. Produce authorization(s) to obtain Summons and Complaint, Bill of Particulars (or like
pleading) and any and all Medical Record(s) and Report(s) exchanged in all prior
personal injury lawsuits brought by Plaintiff(s).
PLEASE TAKE FURTHER NOTICE that upon failure to comply with this demand, a
Motion to Compel or Strike Plaintiff's pleading will be made pursuant to CPLR 3120 and 3124.
PLEASE TAKE FURTHER NOTICE that the request for items specified in this
document is a continuing demand and should any of the information requested become available
or known in the future, you are required to furnish same at such time.
Dated: December 17, 2020
Brooklyn, N.Y. Baker, McEvoy & Moskovits, PC
s/Ronit Z. Moskovits
Ronit Z. Moskovits, Esq.
Attorney(s) for the Defendant
MOHAMMAD UDDIN
One Metrotech Center, 8h Fl
Brooklyn, NY11201
Tel: (212) 857-8230
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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YOLANDA MAYRANT, INDEX NO.: 157396/2019
Plaintiff(s), NOTICE PURSUANT
TO CPLR 2103(e)
- against -
Our File No.: 1040486
MOHAMMAD UDDIN, CONFIANCE Case ID No.: 105223
TRANSPORTATION CORPORATION, AND JOHN
DOE,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to CPLR 2103(e), demand hereby is made upon
you to supply the undersigned, in writing, with a list of those parties who have appeared in the
action and the names and addresses of their attorneys.
Dated: December 17, 2020
Brooklyn, NY Baker, McEvoy & Moskovits, PC
s/Ronit Z. Moskovits
Ronit Z. Moskovits, Esq.
Attorney(s) for the Defendant
MOHAMMAD UDDIN
One Metrotech Center, 8h Fl
Brooklyn, NY11201
Tel: (212) 857-8230
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COUNTY OF NEW YORK INDEX NO.: 157396/2019
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YOLANDA MAYRANT, COMBINED DEMANDS FOR:
1. NAMES & ADDRESSES OF
Plaintiff(s), ALL WITNESSES
2. EXPERT DISCLOSURE
- against - 3. PRODUCTION OF ALL
STATEMENTS TAKEN OF
MOHAMMAD UDDIN, CONFIANCE ANSWERING DEFENDANT(S)
TRANSPORTATION CORPORATION, AND JOHN
DOE, Our File No.: 1040486
Case ID No.: 105223
Defendant(s).
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PLEASE TAKE NOTICE that Defendant(s) demand(s) that you set forth in writing,
under oath, and serve upon us within Thirty (30) days of this date, the names and addresses of
each person known or claimed by you to be witness to the occurrence and as to notice of the
condition, if any, alleged in the complaint in this action.
PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. 3101 (d) (1), you are
hereby required to set forth the following:
1. The name and address of each and every person you expect to call as an expert witness at
the trial of this action;
2. In reasonable detail, the subject matter on which each expert is expected to testify;
3. The substance of the facts and opinions on which each expert is expected to testify;
4. The qualifications of each expert, and;
5. A summary of the grounds for each expert's opinion.
PLEASE TAKE FURTHER NOTICE that the answering Defendant(s) demand(s) that
each and every party to this action produce legible copies of any and all statements, written or
electronically recorded, taken of the answering Defendant(s) by any other party to this action
within Thirty (30) days of this date. The above are on-going demands.
Dated: December 17, 2020 Baker, McEvoy & Moskovits, PC
s/Ronit Z. Moskovits
Ronit Z. Moskovits, Esq.
Attorney(s) for the Defendant
MOHAMMAD UDDIN
One Metrotech Center, 8h Fl
Brooklyn, NY11201
Tel: (212) 857-8230
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COUNTY OF NEW YORK
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YOLANDA MAYRANT, INDEX NO.: 157396/2019
Plaintiff(s), NOTICE OF DECLINING
SERVICE BY
- against - FASCIMILE TRANSMITTAL
MOHAMMAD UDDIN, CONFIANCE Our File No.: 1040486
TRANSPORTATION CORPORATION, AND JOHN Case ID No.: 105223
DOE,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to CPLR 5, the office of BAKER, MCEVOY &
MOSKOVITS, P.C. will not accept service of papers, notices, motions, etc. by facsimile
transmittal or similar means.
Dated: December 17, 2020
Brooklyn, NY Baker, McEvoy & Moskovits, PC
s/Ronit Z. Moskovits
Ronit Z. Moskovits, Esq.
Attorney(s) for the Defendant
MOHAMMAD UDDIN
One Metrotech Center, 8h Fl
Brooklyn, NY11201
Tel: (212) 857-8230
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COUNTY OF NEW YORK
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YOLANDA MAYRANT, INDEX NO.: 157396/2019
Plaintiff(s), NOTICE FOR
INSURANCE INFORMATION
- against -
Our File No.: 1040486
MOHAMMAD UDDIN, CONFIANCE Case ID No.: 105223
TRANSPORTATION CORPORATION, AND JOHN
DOE,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to C.P.L.R. 3101(f), demand is hereby made
upon you for your policy limits including all excess insurance. Failure to disclose same will
necessitate the undersigned to procure a Court order and sanctions.
Dated: December 17, 2020
Brooklyn, NY Baker, McEvoy & Moskovits, PC
s/Ronit Z. Moskovits
Ronit Z. Moskovits, Esq.
Attorney(s) for the Defendant
MOHAMMAD UDDIN
One Metrotech Center, 8h Fl
Brooklyn, NY11201
Tel: (212) 857-8230
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COUNTY OF NEW YORK
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YOLANDA MAYRANT, INDEX NO.: 157396/2019
Plaintiff(s), DEMAND FOR
AUTHORIZATIONS FOR
- against - MEDICAL INFORMATION
MOHAMMAD UDDIN, CONFIANCE Our File No.: 1040486
TRANSPORTATION CORPORATION, AND JOHN Case ID No.: 105223
DOE,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to CPLR 3101(a) and 3121, Defendant(s) hereby
demand that Plaintiff(s) serve upon and deliver to Defendant(s), responses to the following
demands, within Twenty (20) days as required per CPLR 3122(a)(1):
1. The name of all medical treatment providers, and the name and address of all medical
treatment facilities, from whom and where plaintiff received treatment for any alleged
injuries.
2. Duly executed HIPAA compliant written authorizations for each medical provider and
facility, permitting Defendant(s) attorneys to obtain full and complete copies of all
reports, records, operative admission and nursing/anesthesia notes, photos, diagnostic
images, and pathology reports, from any treatment provider(s). All such authorizations
must be HIPAA compliant, and must specify the name of this firm as defendants’
attorneys, to obtain the copies of the authorized information.
3. All authorizations for facilities at which surgery was performed are demanded to overtly
state and specify that the “ENTIRE OPERATIVE ADMISSION RECORDS,
INCLUDING ALL NURSING, ANESTHESIA, AND PATHOLOGY RECORDS” be
authorized to be furnished to said attorneys.
4. Authorizations for Emergency Medical Service (Ambulance) records and reports
maintained by