Preview
FILED: KINGS COUNTY CLERK 12/15/2021 10:24 AM INDEX NO. 516285/2019
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 12/15/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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DARIO ROSARIO, Index No.: 516285/2019
Plaintiff, RESPONSE TO STATEMENT
OF MATERIAL FACTS AND
-against- COUNTER STATEMENT OF
FACTS
SUNBELT RENTALS, INC., PEREZ JAVIER,
and BROOKLYN GC, QUALITY FACILITY SOLUTIONS
CORP.,
Defendants
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SUNBELT RENTALS, INC.,
Third-Party Plaintiff,
-against-
BROOKLYN GC LLC,
Third-Party Defendant,
------------------------------------------------------------------------X
BROOKLYN GC LLC,
Second Third-Party Plaintiff,
-against-
QUALITY FACILITY SOLUTIONS CORP.,
Second Third-Party Defendant.
------------------------------------------------------------------------X
WILLIAM COHEN, ESQ., an attorney admitted to practice law before the various Courts
of the State of New York, hereby affirms under penalty of perjury that the following, except that
which is asserted upon information and belief, affirmant, based on office and client records,
believes to be true.
DEFENDANTS QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER
RESPONSE TO DEFENDANT/THIRD PARTY PLAINTIFF’S STATEMENT OF
MATERIAL FACTS
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1. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
2. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
3. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
4. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also
object to this statement as it asserts a legal conclusion and is therefore not proper for a
statement of material facts.
5. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also
object to this statement as it asserts a legal conclusion and is therefore not proper for a
statement of material facts.
6. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
7. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
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Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also
object to this statement as it asserts a legal conclusion and is therefore not proper for a
statement of material facts.
8. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also
object to this statement as it asserts a legal conclusion and is therefore not proper for a
statement of material facts.
9. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also
object to this statement as it asserts a legal conclusion and is therefore not proper for a
statement of material facts.
10. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also
object to this statement as it asserts a legal conclusion and is therefore not proper for a
statement of material facts.
11. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also
object to this statement as it asserts a legal conclusion and is therefore not proper for a
statement of material facts.
12. Admit
13. Admit
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14. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER
also object to this statement as it asserts a legal conclusion and is therefore not proper for
a statement of material facts.
15. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also
object to this statement as it asserts a legal conclusion and is therefore not proper for a
statement of material facts.
16. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also
object to this statement as it asserts a legal conclusion and is therefore not proper for a
statement of material facts.
17. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
18. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
19. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
20. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
21. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
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22. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also
object to this statement as it asserts a legal conclusion and is therefore not proper for a
statement of material facts.
23. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can
neither admit nor deny the assertions in this statement as there has been no meaningful
discovery to address these assertions and the supporting documents have not been properly
authenticated.
DEFENDANTS QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER
COUNTER STATEMENT OF MATERIAL FACTS
1. SUNBELT RENTALS, INC., is not and was not engaged in the trade or business of
renting or leasing motor vehicles. (See Exhibit 1)
2. SUNBELT RENTALS, INC., was the owner of the subject forklift on June 21, 2019.
3. There is no specific definition of the term ‘forklift’ in any of the movant’s supporting
documents.
4. There is no specific provision defining the term ‘public highway’ in any of the movant’s
supporting documents.
5. There is no provision as to the definition of a ‘worksite’ other than the vague and
ambiguous term of “site address” in any of the movant’s supporting documents.
6. There is no provision as to the definition of a “site address” in any of the movant’s
supporting documents.
Dated: New York, New York
December 15, 2021
William Cohen
William Cohen, Esq.
MOLOD SPITZ & DeSANTIS, P.C.
Attorneys for Defendant
PEREZ JAVIER and
Defendant/Second Third-Party
Defendant QUALITY FACILITY
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NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 12/15/2021
SOLUTIONS CORP.
1430 Broadway, 21st Floor
New York, NY 10018
Tel: (212) 869-3200
Fax: (212) 869-4242
File No.: CMI 627
Email: wcohen@molodspitz.com
TO:
Stephen Liakas, Esq.
LIAKAS LAW, P.C.
Attorney for Plaintiff
65 Broadway, 13th Floor
New York, NY 10006
Email:SL@liakaslaw.com
Carol Notias Kotsinis, Esq.
SCHNADER HARRISON SEGAL
& LEWIS, LLP.
Attorneys for Defendant/Third Party Plaintiff
SUNBELT RENTALS, INC.,
140 Broadway, Suite 3100
New York, NY 10005
Email: ckotsinis@schnader.com
BROOKLYN GC, LLC.
c/o Yoel Schwimmer
694 Myrtle Avenue #408
Brooklyn, NY 11205
Email: 6136ys@gmail.com
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NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 12/15/2021
CERTIFICATION
I hereby certify pursuant to Rule 202.8-b that the foregoing RESPONSE TO
STATEMENT OF MATERIAL FACTS AND COUNTER STATEMENT OF
MATERIAL FACTS was prepared on a computer using Microsoft Word.
Type. A proportionally spaced typeface was used, as follows:
Name of typeface: Times New Roman
Point size: 12
Line spacing: Double
Word Count. The total number of words in this RESPONSE TO STATEMENT OF
MATERIAL FACTS AND COUNTER STATEMENT OF MATERIAL FACTS,
inclusive of point headings and exclusive of pages containing the caption, signature
block, and proof of service and this Statement is 1337.
Dated: New York, New York
December 15, 2021
Respectfully submitted,
Yours etc.,
William Cohen, Esq.
Molod Spitz & DeSantis, P.C.
1430 Broadway, 21st Floor
New York, New York 10018
(212) 869-3200
7 of 7
Preview
FILED: KINGS COUNTY CLERK 12/15/2021 10:24 AM INDEX NO. 516285/2019 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 12/15/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------X DARIO ROSARIO, Index No.: 516285/2019 Plaintiff, RESPONSE TO STATEMENT OF MATERIAL FACTS AND -against- COUNTER STATEMENT OF FACTS SUNBELT RENTALS, INC., PEREZ JAVIER, and BROOKLYN GC, QUALITY FACILITY SOLUTIONS CORP., Defendants -----------------------------------------------------------------------X SUNBELT RENTALS, INC., Third-Party Plaintiff, -against- BROOKLYN GC LLC, Third-Party Defendant, ------------------------------------------------------------------------X BROOKLYN GC LLC, Second Third-Party Plaintiff, -against- QUALITY FACILITY SOLUTIONS CORP., Second Third-Party Defendant. ------------------------------------------------------------------------X WILLIAM COHEN, ESQ., an attorney admitted to practice law before the various Courts of the State of New York, hereby affirms under penalty of perjury that the following, except that which is asserted upon information and belief, affirmant, based on office and client records, believes to be true. DEFENDANTS QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER RESPONSE TO DEFENDANT/THIRD PARTY PLAINTIFF’S STATEMENT OF MATERIAL FACTS 1 of 7 FILED: KINGS COUNTY CLERK 12/15/2021 10:24 AM INDEX NO. 516285/2019 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 12/15/2021 1. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. 2. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. 3. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. 4. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also object to this statement as it asserts a legal conclusion and is therefore not proper for a statement of material facts. 5. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also object to this statement as it asserts a legal conclusion and is therefore not proper for a statement of material facts. 6. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. 7. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. 2 of 7 FILED: KINGS COUNTY CLERK 12/15/2021 10:24 AM INDEX NO. 516285/2019 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 12/15/2021 Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also object to this statement as it asserts a legal conclusion and is therefore not proper for a statement of material facts. 8. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also object to this statement as it asserts a legal conclusion and is therefore not proper for a statement of material facts. 9. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also object to this statement as it asserts a legal conclusion and is therefore not proper for a statement of material facts. 10. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also object to this statement as it asserts a legal conclusion and is therefore not proper for a statement of material facts. 11. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also object to this statement as it asserts a legal conclusion and is therefore not proper for a statement of material facts. 12. Admit 13. Admit 3 of 7 FILED: KINGS COUNTY CLERK 12/15/2021 10:24 AM INDEX NO. 516285/2019 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 12/15/2021 14. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also object to this statement as it asserts a legal conclusion and is therefore not proper for a statement of material facts. 15. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also object to this statement as it asserts a legal conclusion and is therefore not proper for a statement of material facts. 16. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also object to this statement as it asserts a legal conclusion and is therefore not proper for a statement of material facts. 17. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. 18. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. 19. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. 20. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. 21. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. 4 of 7 FILED: KINGS COUNTY CLERK 12/15/2021 10:24 AM INDEX NO. 516285/2019 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 12/15/2021 22. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER also object to this statement as it asserts a legal conclusion and is therefore not proper for a statement of material facts. 23. Deny. Defendants QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER can neither admit nor deny the assertions in this statement as there has been no meaningful discovery to address these assertions and the supporting documents have not been properly authenticated. DEFENDANTS QUALITY FACILITY SOLUTIONS CORP AND PEREZ JAVIER COUNTER STATEMENT OF MATERIAL FACTS 1. SUNBELT RENTALS, INC., is not and was not engaged in the trade or business of renting or leasing motor vehicles. (See Exhibit 1) 2. SUNBELT RENTALS, INC., was the owner of the subject forklift on June 21, 2019. 3. There is no specific definition of the term ‘forklift’ in any of the movant’s supporting documents. 4. There is no specific provision defining the term ‘public highway’ in any of the movant’s supporting documents. 5. There is no provision as to the definition of a ‘worksite’ other than the vague and ambiguous term of “site address” in any of the movant’s supporting documents. 6. There is no provision as to the definition of a “site address” in any of the movant’s supporting documents. Dated: New York, New York December 15, 2021 William Cohen William Cohen, Esq. MOLOD SPITZ & DeSANTIS, P.C. Attorneys for Defendant PEREZ JAVIER and Defendant/Second Third-Party Defendant QUALITY FACILITY 5 of 7 FILED: KINGS COUNTY CLERK 12/15/2021 10:24 AM INDEX NO. 516285/2019 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 12/15/2021 SOLUTIONS CORP. 1430 Broadway, 21st Floor New York, NY 10018 Tel: (212) 869-3200 Fax: (212) 869-4242 File No.: CMI 627 Email: wcohen@molodspitz.com TO: Stephen Liakas, Esq. LIAKAS LAW, P.C. Attorney for Plaintiff 65 Broadway, 13th Floor New York, NY 10006 Email:SL@liakaslaw.com Carol Notias Kotsinis, Esq. SCHNADER HARRISON SEGAL & LEWIS, LLP. Attorneys for Defendant/Third Party Plaintiff SUNBELT RENTALS, INC., 140 Broadway, Suite 3100 New York, NY 10005 Email: ckotsinis@schnader.com BROOKLYN GC, LLC. c/o Yoel Schwimmer 694 Myrtle Avenue #408 Brooklyn, NY 11205 Email: 6136ys@gmail.com 6 of 7 FILED: KINGS COUNTY CLERK 12/15/2021 10:24 AM INDEX NO. 516285/2019 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 12/15/2021 CERTIFICATION I hereby certify pursuant to Rule 202.8-b that the foregoing RESPONSE TO STATEMENT OF MATERIAL FACTS AND COUNTER STATEMENT OF MATERIAL FACTS was prepared on a computer using Microsoft Word. Type. A proportionally spaced typeface was used, as follows: Name of typeface: Times New Roman Point size: 12 Line spacing: Double Word Count. The total number of words in this RESPONSE TO STATEMENT OF MATERIAL FACTS AND COUNTER STATEMENT OF MATERIAL FACTS, inclusive of point headings and exclusive of pages containing the caption, signature block, and proof of service and this Statement is 1337. Dated: New York, New York December 15, 2021 Respectfully submitted, Yours etc., William Cohen, Esq. Molod Spitz & DeSantis, P.C. 1430 Broadway, 21st Floor New York, New York 10018 (212) 869-3200 7 of 7