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October 19, 2022
Hon. Doris M. Gonzalez
851 Grand Concourse, Court Room 711
Bronx, NY 10451
Re: JACQUAN SMITH vs. NYC TRANSIT AUTHORITY et. al.
D/A: August 26, 2017
Our File No.: SAY18-002
Dear Judge,
As per the oral directives of Hon. Judge Hummel during the virtual conference of October,
17, 2017, please see enclosed documents:
− Plaintiff’s Summons and Verified Complaint,
− Plaintiff’s Verified Bill of Particulars,
− Plaintiff’s Supplemental Bills of Particulars,
− Plaintiff’s Response to Combined Demands;
− Plaintiff’s Combined Demands;
− Plaintiff’s Expert Witness Disclosure of Dr. Pugh;
− Plaintiff’s exchanged narrative report of Dr. Elbaz;
− Plaintiff’s exchanged narrative report of Dr. Lerman;
− Plaintiff’s letter rejecting Defendants' Biomech Expert Exchange.
Very truly yours,
WILLIAM SCHWITZER
& ASSOCIATES, P.C.
/s/Pragati Pandey_______
Pragati Pandey, Esq.
Encls.
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SUPREME COURT OF THE STATE OF NEW YORK Index No.: ·2':>3S I/ 2...0 tfs-6.
COUNTY OF BRONX Date of Purchase: 5/ ~ I Ig
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JACQUAN SMITH, plaintiff designates
Plaintiff, BRONX County
as the place of trial
-against- The basis of venue is
Location of Accident
THE CITY OF NEW YORK, SUMMONS
NYC TRANSIT AUTHORITY, Location of Accident:
METROPOLITAN TRANSPORTATION AUTHORITY, Bruckner Boulevard &
CBT PARA TRANSIT INC., AYALA DENNIZ, Morrison Avenue
County of BRONX, City
Defendants. and State of New York
-------------------X
TO THE ABOVE NAMED DEFENDANTS
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiffs Attorney within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, Judgment will be taken against you by default for the relief demanded in the
Complaint. / ,
/i //I
/
I
Dated: Roseda_!s New York , OV & ASSOCIATES P.C.
May _2_, 2018
BY: 'I1/
AL ADGAROV, ESQ
Att ney for Plaintiff
JACQUAN SMITH
One Cross Island Plaza, Suite 203
Rosedale, NY 11422
(718) 276-2800
TO:THE CITY OF NEW YORK
100 Church Street
New York, NY 10007
NYC TRANSIT AUTHORITY
130 Livingston Street
Brooklyn, NY 11201
METROPOLITAN TRANSPORTATION AUTHORITY
347 Madison Avenue
New York, NY 10017
CBT PARA TRANSIT INC
2383 Blackrock Avenue
Bronx, NY 10462
AYALADENNIZ
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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JACQUAN SMITH,
Plaintiff,
-against- VERIFIED COMPLAINT
THE CITY OF NEW YORK,
NYC TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY,
CBT PARA TRANSIT INC., AYALA DENNIZ,
Defendants,
---------------------------------------------------------------------X
Plaintiff JACQUAN SMITH appearing by and through his attorney ALEX
YADGAROV & ASSOCIATES P.C., sets forth and alleges upon information and belief as
follows:
1. · That at all times hereinafter mentioned, Plaintiff JACQUAN SMITH was and still
is a resident of the County of New York, City and State ofNew York.
2. That at all times hereinafter mentioned, and upon information and belief, the
defendant, THE CITY OF NEW YORK, was and is a municipal corporation duly organized and
existing under and by virtue of the Laws of the State ofNew York.
3. That at all times hereinafter mentioned, and upon information and belief, the
defendant, NYC TRANSIT AUTHORITY, was and is a municipal corporation duly organized
and existing under and by virtue of the Laws of the State of New York.
4. That at all times hereinafter mentioned, and upon information and belief, the
defendant, METROPOLITAN TRANSPORTATION AUTHORITY, was and is a municipal
corporation duly organized and existing under and by virtue of the Laws of the State of New
York.
5. That at all times hereinafter mentioned, and upon information and belief, the
defendant, CBT PARA TRANSIT INC., was and is a municipal corporation duly organized and
existing under and by virtue of the Laws of the State ofNew York.
6. That at all times hereinafter mentioned, and upon information and belief, the
defendant, CBT PARA TRANSIT INC., was and is a domestic corporation duly organized and
existing under and by virtue of the Laws of the State ofNew York.
7. That at all times hereinafter mentioned, and upon information and belief, the
defendant, CBT PARA TRANSIT INC., was and is a foreign corporation authorized to do
business in the State of New York.
8. That on or about November 20, 2017, and prior to the commencement of this
action, a Notice of Claim was served on the defendant, THE CITY OF NEW YORK.
9. That on or about November 22, 2017, and prior to the commencement of this
action, a Notice of Claim was served on the defendant, NYC TRANSIT AUTHORITY.
10. That on or about November 20, 2017, and prior to the commencement of this
action, a Notice of Claim was served on the defendant, METROPOLITAN
TRANSPORTATION AUTHORITY.
11. That on or about November 22, 2017, and prior to the commencement of this
action, a Notice of Claim was served on the defendant, CBT PARA TRANSIT INC.
12. That on or about November 22, 2017, and prior to the commencement of this
action, a Notice of Claim was served on the defendant, AYALA DENNIZ.
13. That on or about November 20, 2017, herein duly presented in writing to the
defendant, THE CITY OF NEW YORK, the claim for damages herein set forth and upon which
this action is founded that said claim was presented for adjustment.
14. That on or about November 22, 2017, herein duly presented in writing to the
defendant, NYC TRANSIT AUTHORITY, the claim for damages herein set forth and upon
which this action is founded that said claim was presented for adjustment.
15. That on or about November 20, 2017, herein duly presented in writing to the
defendant, METROPOLITAN TRANSPORTATION AUTHORITY, the claim for damages
herein set forth and upon which this action is founded and that said claim was presented for
adjustment.
16. That on or about November 22, 2017, herein duly presented in writing to the
defendant, CBT PARA TRANSIT INC., the claim for damages herein set forth and upon which
this action is founded that said claim was presented for adjustment.
17. That on or about November 22, 2017, herein duly presented in writing to the
defendant, AYALA DENNIZ, the claim for damages herein set forth and upon which this action
is founded that said claim was presented for adjustment.
18. That more than 30 days have elapsed since the said Notice of Claim was served
upon the defendant and the defendant, THE CITY OF NEW YORK, has failed and refused to
make an adjustment of any claim herein set forth.
19. That more than 30 days have elapsed since the said Notice of Claim was served
upon the defendant and the defendant, NYC TRANSIT AUTHORITY, has failed and refused to
make an adjustment of any claim herein set forth.
20. That more than 30 days have elapsed since the said Notice of Claim was served
upon the defendant and the defendant, METROPOLITAN TRANSPORTATION AUTHORITY,
has failed and refused to make an adjustment of any claim herein set forth.
21. That more than 30 days have elapsed since the said Notice of Claim was served
upon the defendant and the defendant, CBT PARA TRANSIT INC., has failed and refused to
make an adjustment of any claim herein set forth .
22. That more than 30 days have elapsed since the said Notice of Claim was served
upon the defendant and the defendant, AYALA DENNIZ, has failed and refused to make an
adjustment of any claim herein set forth .
23 . That a statutory hearing pursuant to §S0(h) of the General Municipal Law has
been held on or about January 29, 2018 .
24. That all conditions precedent to the bringing of this action have been complied
with.
25 . That this action was commenced within one year and ninety (90) days after the
accrual of the cause of action herein.
26. That at all times hereinafter mentioned, and on August 26, 2017, Plaintiff
JACQUAN SMITH was an owner and operator of a NISSAN vehicle bearing New York
Registration number GUP54 l l .
27. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
THE CITY OF NEW YORK, owned a 2007 FORD motor vehicle bearing New York registration
number 63484LA.
28. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
THE CITY OF NEW YORK, maintained a 2007 FORD motor vehicle bearing New York
registration number 63484LA.
29. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
THE CITY OF NEW YORK, managed a 2007 FORD motor vehicle bearing New York
registration number 63484LA.
30. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
THE CITY OF NEW YORK, controlled a 2007 FORD motor vehicle bearing New York
registration number 63484LA.
31. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
NYC TRANSIT AUTHORITY, owned a 2007 FORD motor vehicle bearing New York
registration number 63484LA.
32. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
NYC TRANSIT AUTHORITY, maintained a 2007 FORD motor vehicle bearing New York
registration number 63484LA.
33. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
NYC TRANSIT AUTHORITY, managed a 2007 FORD motor vehicle bearing New York
registration number 63484LA.
34. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
NYC TRANSIT AUTHORITY, controlled a 2007 FORD motor vehicle bearing New York
registration number 63484LA.
35. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
METROPOLITAN TRANSPORTATION AUTHORITY, owned a 2007 FORD motor vehicle
bearing New York registration number 63484LA.
36. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
METROPOLITAN TRANSPORTATION AUTHORITY, maintained a 2007 FORD motor
vehicle bearing New York registration number 63484LA.
37. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
METROPOLITAN TRANSPORTATION AUTHORITY, managed a 2007 FORD motor vehicle
bearing New York registration number 63484LA.
38. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
METROPOLITAN TRANSPORTATION AUTHORITY, controlled a 2007 FORD motor
vehicle bearing New York registration number 63484LA.
39. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
CBT PARA TRANSIT INC., owned a 2007 FORD motor vehicle bearing New York registration
number 63484LA.
40. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
CBT PARA TRANSIT INC., maintained a 2007 FORD motor vehicle bearing New York
registration number 63484LA.
41. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
CBT PARA TRANSIT INC., managed a 2007 FORD motor vehicle bearing New York
registration number 63484LA.
42. That at all times hereinafter mentioned, and on August 26, 2017, the defendant
CBT PARA TRANSIT INC., controlled a 2007 FORD motor vehicle bearing New York
registration number 63484LA.
43. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, operated a 2007 FORD motor vehicle bearing New York registration number
63484LA with the actual knowledge, permission and consent of defendant THE CITY OF NEW
YORK.
44. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ operated a 2007 FORD motor vehicle bearing New York registration number
63484LA with the implied knowledge, permission and consent of defendant THE CITY OF
NEW YORK.
45. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the actual knowledge, permission and consent of defendant THE CITY
OF NEW YORK.
46. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the implied knowledge, permission and consent of defendant THE CITY
OF NEW YORK.
47. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the actual knowledge, permission and consent of defendant THE CITY
OF NEW YORK.
48. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the implied knowledge, permission and consent of defendant THE CITY
OF NEW YORK.
49. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, maintained a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the actual knowledge, permission and consent of defendant THE CITY
OF NEW YORK.
50. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, maintained a2007 FORD motor vehicle bearing New York registration
number 63484LA with the implied knowledge, permission and consent of defendant THE CITY
OF NEW YORK.
51. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, operated a 2007 FORD motor vehicle bearing New York registration number
63484LA with the actual knowledge, permission and consent of defendant NYC TRANSIT
AUTHORITY.
52. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, operated a 2007 FORD motor vehicle bearing New York registration number
63484LA with the implied knowledge, permission and consent of defendant NYC TRANSIT
AUTHORITY.
53. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the actual knowledge, permission and consent of defendant NYC
TRANSIT AUTHORITY.
54. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the implied knowledge, permission and consent of defendant NYC
TRANSIT AUTHORITY.
55. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the actual knowledge, permission and consent of defendant NYC
TRANSIT AUTHORITY.
56. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the implied knowledge, permission and consent of defendant NYC
TRANSIT AUTHORITY.
57. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, maintained a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the actual knowledge, permission and consent of defendant NYC
TRANSIT AUTHORITY.
58. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, maintained a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the implied knowledge, permission and consent of defendant NYC
TRANSIT AUTHORITY.
59. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, operated a 2007 FORD motor vehicle bearing New York registration number
63484LA with the actual knowledge, permission and consent of defendant METRO POLIT AN
TRANSPORTATION AUTHORITY.
60. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, operated a 2007 FORD motor vehicle bearing New York registration number
63484LA with the implied knowledge, permission and consent of defendant METROPOLIT AN
TRANSPORTATION AUTHORITY.
61. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the actual knowledge, permission and consent of defendant
METROPOLITAN TRANSPORTATION AUTHORITY.
62. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the implied knowledge, permission and consent of defendant
METROPOLITAN TRANSPORTATION AUTHORITY.
63. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the actual knowledge, permission and consent of defendant
METROPOLITAN TRANSPORTATION AUTHORITY.
64. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the implied knowledge, permission and consent of defendant
METROPOLITAN TRANSPORTATION AUTHORITY.
65. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, maintained a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the actual knowledge, permission and consent of defendant
METROPOLITAN TRANSPORTATION AUTHORITY.
66. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, maintained a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the implied knowledge, permission and consent of defendant
METROPOLITAN TRANSPORTATION AUTHORITY.
67. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, operated a 2007 FORD motor vehicle bearing New York registration number
63484LA with the actual knowledge, permission and consent of defendant CBT PARA
TRANSIT INC.
68. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, operated a 2007 FORD motor vehicle bearing New York registration number
63484LA with the implied knowledge, permission and consent of defendant CBT PARA
TRANSIT INC.
69. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the actual knowledge, permission and consent of defendant CBT PARA
TRANSIT INC.
70. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the implied knowledge, permission and consent of defendant CBT PARA
TRANSIT INC.
71. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the actual knowledge, permission and consent of defendant CBT PARA
TRANSIT INC.
72. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the implied knowledge, permission and consent of defendant CBT PARA
TRANSIT INC.
73. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, maintained a2007 FORD motor vehicle bearing New York registration
number 63484LA with the actual knowledge, permission and consent of defendant CBT PARA
TRANSIT INC.
74. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, maintained a 2007 FORD motor vehicle bearing New York registration
number 63484LA with the implied knowledge, permission and consent of defendant CBT PARA
TRANSIT INC.
75. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, was and is an employee of the defendant THE CITY OF NEW YORK.
76. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, was and is an employee of the defendant NYC TRANSIT AUTHORITY.
77. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, was and is an employee of the defendant METROPOLITAN
TRANSPORTATION AUTHORITY.
78. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, was and is an employee of the defendant CBI PARA TRANSIT INC.
79. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, was in the course of her employment with defendant THE CITY OF NEW
YORK.
80. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, was in the course of her employment with defendant NYC TRANSIT
AUTHORITY.
81. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, was in the course of her employment with defendant METRO POLIT AN
TRANSPORTATION AUTHORITY.
82. That at all times hereinafter mentioned, and on August 26, 2017, the defendant,
AYALA DENNIZ, was in the course of her employment with defendant CBI PARA TRANSIT
INC.
83. That at all of the times hereinafter mentioned, the intersection of Bruckner
Boulevard and Morrison Avenue, in the County ofBRONX, City and State ofNew York, was and
stillis a public highway used extensively by the public in general
84. That on August 26, 2017 at approximately 12:00 pm, at the above mentioned
location, a 2007 FORD vehicle bearing New York registration number 63484LA owned by
defendants THE CITY OF NEW YORK, NYC TRANSIT AUTHORITY, METROPOLITAN
TRANSPORTATION AUTHORITY, CBT PARA TRANSIT INC., and operated by the
defendant, AYALA DENNIZ came into a contact with a 2017 NISSAN vehicle bearing New
York Registration number GUP54 l l owned and operated by plaintiff JACQUAN SMITH.
· 85. That the aforesaid accident and injuries resulting therefrom were due solely and
wholly as a result of the careless and negligent manner in which the defendants owned, operated,
maintained, managed and controlled their vehicle, and without the plaintiff in any way
contributing hereto.
86. That the contact occurred as a result of the negligent, careless and reckless
conduct of the defendants in ownership, use, operation, maintenance, management and control
of their vehicle, causing plaintiff to sustain serious permanent personal injuries.
87. That by reason of the foregoing and the negligence of the defendants, the plaintiff
JACQUAN SMITH, was severely injured, bruised and wounded, suffered, still suffers and will
continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame
and disabled and so remained for a considerable length of time.
88. That by reason of the foregoing, the plaintiff, JACQUAN SMITH, was compelled
to and did necessarily required medical aid and attention, and did necessarily pay and become
liable therefore for medicines and upon information and belief, the plaintiff, JACQUAN SMITH,
will necessarily incur similar expenses.
89. That by reason of the foregoing, the plaintiff, JACQUAN SMITH, has been
unable to attend to his usual occupation in the manner required.
90. That one or more of the exceptions of §1602 of the Civil Practice Law and Rules
apply to the within action.
91. That at all times hereinafter mentioned, plaintiff was wearing a seat belt and was
in compliance with the New York State Vehicle and Traffic Law §1229-c.
92. That the said injuries sustained by the plaintiff were caused solely by the
negligence of the defendants and without any negligence on the part of the plaintiff.
93. That by reason of foregoing, plaintiff was rendered sick, sore, lame and disabled
and suffered painful and permanent injuries to various parts of their persons with accompanying
pain; that they continue to be sick, sore, lame and disabled for a long time to come and was
required to receive hospital and medical treatment and attention for his injuries and was unable
to continue to perform the usual pursuits and activities all to his damage.
94. That as a result of the foregoing, the plaintiff has sustained serious injuries as
defined in §5102 subdivision D of the Insurance Law of the State of New York in that they have
suffered a fracture and/or a significant disfigurement; a permanent loss of use of a body organ or
a member, function and/or a significant limitation of use of a body function and/or system and/or
medically determined injury or impairment of non-permanent nature which prevents them from
performing substantially of the material acts which constitutes the usual and customary daily
activities for not less than ninety (90) days during the one hundred eighty ( 180) days
immediately following the occurrences of the injury or impairment.
95. That by reason of the wrongful, negligent and unlawful actions of the defendants,
as aforesaid, the plaintiff, JACQUAN SMITH sustained economic loss greater than basic
economic loss as defined in Section 5104 of the Insurance Law of the State of New York, in that,
all hospital and medical bills unpaid by no-fault insurance and/or resulting medical liens incurred
as a consequence of the complained of accident were and are claimed as special damages by
plaintiff herein, and upon information and belief, plaintiff shall in the future continue to require
medical care and therapy, and, accordingly shall become liable for such future medical costs and
expenses for an indefinite period of time into the future.
96. That as a result of the foregoing, the plaintiff, JACQUAN SMITH, has sustained
damages, both general and special, in an amount which exceeds the jurisdictional limits of all
lower courts which would otherwise have jurisdiction.
AS AND FOR A FIRST CAUSE OF ACTION BY PLAINTIFF
JACOUAN SMITH AGAIST DEFENDANTS THE CITY OF NEW YORK,
NYC TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION
AUTHORITY, CBT PARA TRANSIT INC. and AYALA DENNIZ FOR
NEGLIGENT OWNERSHIP AND OPERATION OF MOTOR VEHICLE
97. Plaintiff JACQUAN SMITH repeats and reiterates those allegations set forth
above with same force and effect as if fully pleaded herein.
98. That the aforesaid contact and the resulting accident were in no way due to any
negligence on the part of the plaintiff contributing thereto, but were caused by the joint, several
and/or concurrent negligence of the defendants" and/or said defendants' agents, servants,
employees and/or licensees in the ownership, operation, use, management, maintenance and
control of the aforesaid vehicle.
99. Defendants NYC TRANSIT AUTHORITY, THE CITY OF NEW YORK,
METROPOLITAN TRANSPORTATION AUTHORITY, CBT PARA TRANSIT INC., and
AYALA DENNIZ were negligent, careless and reckless in the ownership, use, operation,
management, maintenance, supervision and control of the aforesaid vehicle. Defendants were
otherwise negligent, careless and reckless under the circumstances then and there prevailing. The
aforementioned occurrence and plaintiffs serious injuries and resultant damages, were caused
jointly and/or severally by the negligence and/or recklessness of the defendants and each of
them, in the ownership, use, operation, management, maintenance and control of their vehicle, to
wit: in negligently and recklessly operating said 2007 Ford at the excessive rate of speed; in
failing to keep proper lookout for traffic conditions then presenting; in in failing to keep proper
and safe distance; in failing to operate said vehicle in accordance with and pursuant to the rules
of the road; in disregarding traffic regulatory devices including but not limited to traffic signs,
controls and speed limits; in failing to keep said vehicle under proper control; in causing and
permitting said 2007 Ford to be operated over and along the aforedescribed public highways at
an excessive rate of speed and/or at a greater speed than care and caution would permit under the
circumstances and conditions then existing to the knowledge of the defendants; in operating said
vehicle in a manner contrary to and in violation of the laws, statutes, ordinances, rules, and
regulation of the City and State ofNew York, including but not limited to the New York State
Vehicle and Traffic Law and Chapter 34 of the Rules & Regulations of the City of New York [
Traffic Rules and Regulations]; in failing to make timely and proper use of adequate brakes,
turning signal devices and steering mechanisms; in failing to check and properly regulate the
speed of the aforesaid vehicle so as to unnecessarily and carelessly expose plaintiff, to
foreseeable injuries and harm; in operating said 2007 Ford vehicle in a such a negligent and/or
reckless manner so as to precipitate the complained of accident to occur without any contribution
on the part of the plaintiff thereto whatsoever; and in otherwise being careless and negligent in
the ownership, use, operation, management, maintenance, supervision and control of the
defendants' vehicle in contravention of the laws and rules of the State and City ofNew York,
thereby substantially causing serious injury to plaintiff JACQUAN SMITH
AS AND FORA SECOND CAUSE OF ACTION BY PLAINTIFF
JACOUAN SMITH AGAIST DEFENDANTS THE CITY OF NEW YORK,
NYC TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION
AUTHORITY, CBT PARA TRANSIT INC. FOR NEGLIGENT
ENTRUSTMENT
100. Plaintiff JACQUAN SMITH by and for this second cause of action repeats and
reiterates those allegations set forth above with the same force and effect as if fully pleaded
herein.
101. That at all times hereinafter mentioned, including August 26, 2017, and prior
thereto, defendants THE CITY OF NEW YORK, NYC TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY, CBT PARA TRANSIT INC., owned,
controlled, inspected, maintained and repaired the aforesaid 2007 Ford bearing New York State
license plate number 63484LA.
102. That at all times hereinafter mentioned, including August 26, 2017, defendant
AYALA DENNIZ, was inexperienced, incompetent, unfit or otherwise unsuited in the operation
and control of the said vehicle.
103 . Defendant AYALA DENNIZ, at all times relevant herein, was inexperienced,
incompetent, unfit or otherwise unsuited to perform safe and proper vehicle operation in the
course of her employment with the defendants THE CITY OF NEW YORK, NYC TRANSIT
AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and CBT PARA
TRANSIT INC.
104. That the defendants, THE CITY OF NEW YORK, NYC TRANSIT
AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and CBT PARA
TRANSIT INC ., knew or had reason to know that, because of defendant AYALA DENNIZ 's
inexperience, incompetence, unfitness or other condition or quality, her operation, control or use
of the aforesaid vehicle posed an unreasonable risk of physical harm to others, including plaintiff
herein, whom defendants THE CITY OF NEW YORK, NYC TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY and CBT PARA TRANSIT INC.,
should have expected to be endangered by defendant AYALA DENNIZ's operation, control or
use of the aforesaid vehicle at the aforesaid location.
105 . That on August 26, 2017, and at approximately 12:00 pm, the aforesaid 2007 Ford
owned, controlled, inspected, maintained and repaired by defendants THE CITY OF NEW
YORK, NYC TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION
AUTHORITY and CBT PARA TRANSIT INC. was caused, permitted, enabled and/or entrusted
to be operated, controlled or used by defendant AYALA DENNIZ at the intersection of Bruckner
Boulevard an
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October 19, 2022 Hon. Doris M. Gonzalez 851 Grand Concourse, Court Room 711 Bronx, NY 10451 Re: JACQUAN SMITH vs. NYC TRANSIT AUTHORITY et. al. D/A: August 26, 2017 Our File No.: SAY18-002 Dear Judge, As per the oral directives of Hon. Judge Hummel during the virtual conference of October, 17, 2017, please see enclosed documents: − Plaintiff’s Summons and Verified Complaint, − Plaintiff’s Verified Bill of Particulars, − Plaintiff’s Supplemental Bills of Particulars, − Plaintiff’s Response to Combined Demands; − Plaintiff’s Combined Demands; − Plaintiff’s Expert Witness Disclosure of Dr. Pugh; − Plaintiff’s exchanged narrative report of Dr. Elbaz; − Plaintiff’s exchanged narrative report of Dr. Lerman; − Plaintiff’s letter rejecting Defendants' Biomech Expert Exchange. Very truly yours, WILLIAM SCHWITZER & ASSOCIATES, P.C. /s/Pragati Pandey_______ Pragati Pandey, Esq. Encls. 17-ZI'~ r •I SUPREME COURT OF THE STATE OF NEW YORK Index No.: ·2':>3S I/ 2...0 tfs-6. COUNTY OF BRONX Date of Purchase: 5/ ~ I Ig -------------------------X JACQUAN SMITH, plaintiff designates Plaintiff, BRONX County as the place of trial -against- The basis of venue is Location of Accident THE CITY OF NEW YORK, SUMMONS NYC TRANSIT AUTHORITY, Location of Accident: METROPOLITAN TRANSPORTATION AUTHORITY, Bruckner Boulevard & CBT PARA TRANSIT INC., AYALA DENNIZ, Morrison Avenue County of BRONX, City Defendants. and State of New York -------------------X TO THE ABOVE NAMED DEFENDANTS YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, Judgment will be taken against you by default for the relief demanded in the Complaint. / , /i //I / I Dated: Roseda_!s New York , OV & ASSOCIATES P.C. May _2_, 2018 BY: 'I1/ AL ADGAROV, ESQ Att ney for Plaintiff JACQUAN SMITH One Cross Island Plaza, Suite 203 Rosedale, NY 11422 (718) 276-2800 TO:THE CITY OF NEW YORK 100 Church Street New York, NY 10007 NYC TRANSIT AUTHORITY 130 Livingston Street Brooklyn, NY 11201 METROPOLITAN TRANSPORTATION AUTHORITY 347 Madison Avenue New York, NY 10017 CBT PARA TRANSIT INC 2383 Blackrock Avenue Bronx, NY 10462 AYALADENNIZ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X JACQUAN SMITH, Plaintiff, -against- VERIFIED COMPLAINT THE CITY OF NEW YORK, NYC TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, CBT PARA TRANSIT INC., AYALA DENNIZ, Defendants, ---------------------------------------------------------------------X Plaintiff JACQUAN SMITH appearing by and through his attorney ALEX YADGAROV & ASSOCIATES P.C., sets forth and alleges upon information and belief as follows: 1. · That at all times hereinafter mentioned, Plaintiff JACQUAN SMITH was and still is a resident of the County of New York, City and State ofNew York. 2. That at all times hereinafter mentioned, and upon information and belief, the defendant, THE CITY OF NEW YORK, was and is a municipal corporation duly organized and existing under and by virtue of the Laws of the State ofNew York. 3. That at all times hereinafter mentioned, and upon information and belief, the defendant, NYC TRANSIT AUTHORITY, was and is a municipal corporation duly organized and existing under and by virtue of the Laws of the State of New York. 4. That at all times hereinafter mentioned, and upon information and belief, the defendant, METROPOLITAN TRANSPORTATION AUTHORITY, was and is a municipal corporation duly organized and existing under and by virtue of the Laws of the State of New York. 5. That at all times hereinafter mentioned, and upon information and belief, the defendant, CBT PARA TRANSIT INC., was and is a municipal corporation duly organized and existing under and by virtue of the Laws of the State ofNew York. 6. That at all times hereinafter mentioned, and upon information and belief, the defendant, CBT PARA TRANSIT INC., was and is a domestic corporation duly organized and existing under and by virtue of the Laws of the State ofNew York. 7. That at all times hereinafter mentioned, and upon information and belief, the defendant, CBT PARA TRANSIT INC., was and is a foreign corporation authorized to do business in the State of New York. 8. That on or about November 20, 2017, and prior to the commencement of this action, a Notice of Claim was served on the defendant, THE CITY OF NEW YORK. 9. That on or about November 22, 2017, and prior to the commencement of this action, a Notice of Claim was served on the defendant, NYC TRANSIT AUTHORITY. 10. That on or about November 20, 2017, and prior to the commencement of this action, a Notice of Claim was served on the defendant, METROPOLITAN TRANSPORTATION AUTHORITY. 11. That on or about November 22, 2017, and prior to the commencement of this action, a Notice of Claim was served on the defendant, CBT PARA TRANSIT INC. 12. That on or about November 22, 2017, and prior to the commencement of this action, a Notice of Claim was served on the defendant, AYALA DENNIZ. 13. That on or about November 20, 2017, herein duly presented in writing to the defendant, THE CITY OF NEW YORK, the claim for damages herein set forth and upon which this action is founded that said claim was presented for adjustment. 14. That on or about November 22, 2017, herein duly presented in writing to the defendant, NYC TRANSIT AUTHORITY, the claim for damages herein set forth and upon which this action is founded that said claim was presented for adjustment. 15. That on or about November 20, 2017, herein duly presented in writing to the defendant, METROPOLITAN TRANSPORTATION AUTHORITY, the claim for damages herein set forth and upon which this action is founded and that said claim was presented for adjustment. 16. That on or about November 22, 2017, herein duly presented in writing to the defendant, CBT PARA TRANSIT INC., the claim for damages herein set forth and upon which this action is founded that said claim was presented for adjustment. 17. That on or about November 22, 2017, herein duly presented in writing to the defendant, AYALA DENNIZ, the claim for damages herein set forth and upon which this action is founded that said claim was presented for adjustment. 18. That more than 30 days have elapsed since the said Notice of Claim was served upon the defendant and the defendant, THE CITY OF NEW YORK, has failed and refused to make an adjustment of any claim herein set forth. 19. That more than 30 days have elapsed since the said Notice of Claim was served upon the defendant and the defendant, NYC TRANSIT AUTHORITY, has failed and refused to make an adjustment of any claim herein set forth. 20. That more than 30 days have elapsed since the said Notice of Claim was served upon the defendant and the defendant, METROPOLITAN TRANSPORTATION AUTHORITY, has failed and refused to make an adjustment of any claim herein set forth. 21. That more than 30 days have elapsed since the said Notice of Claim was served upon the defendant and the defendant, CBT PARA TRANSIT INC., has failed and refused to make an adjustment of any claim herein set forth . 22. That more than 30 days have elapsed since the said Notice of Claim was served upon the defendant and the defendant, AYALA DENNIZ, has failed and refused to make an adjustment of any claim herein set forth . 23 . That a statutory hearing pursuant to §S0(h) of the General Municipal Law has been held on or about January 29, 2018 . 24. That all conditions precedent to the bringing of this action have been complied with. 25 . That this action was commenced within one year and ninety (90) days after the accrual of the cause of action herein. 26. That at all times hereinafter mentioned, and on August 26, 2017, Plaintiff JACQUAN SMITH was an owner and operator of a NISSAN vehicle bearing New York Registration number GUP54 l l . 27. That at all times hereinafter mentioned, and on August 26, 2017, the defendant THE CITY OF NEW YORK, owned a 2007 FORD motor vehicle bearing New York registration number 63484LA. 28. That at all times hereinafter mentioned, and on August 26, 2017, the defendant THE CITY OF NEW YORK, maintained a 2007 FORD motor vehicle bearing New York registration number 63484LA. 29. That at all times hereinafter mentioned, and on August 26, 2017, the defendant THE CITY OF NEW YORK, managed a 2007 FORD motor vehicle bearing New York registration number 63484LA. 30. That at all times hereinafter mentioned, and on August 26, 2017, the defendant THE CITY OF NEW YORK, controlled a 2007 FORD motor vehicle bearing New York registration number 63484LA. 31. That at all times hereinafter mentioned, and on August 26, 2017, the defendant NYC TRANSIT AUTHORITY, owned a 2007 FORD motor vehicle bearing New York registration number 63484LA. 32. That at all times hereinafter mentioned, and on August 26, 2017, the defendant NYC TRANSIT AUTHORITY, maintained a 2007 FORD motor vehicle bearing New York registration number 63484LA. 33. That at all times hereinafter mentioned, and on August 26, 2017, the defendant NYC TRANSIT AUTHORITY, managed a 2007 FORD motor vehicle bearing New York registration number 63484LA. 34. That at all times hereinafter mentioned, and on August 26, 2017, the defendant NYC TRANSIT AUTHORITY, controlled a 2007 FORD motor vehicle bearing New York registration number 63484LA. 35. That at all times hereinafter mentioned, and on August 26, 2017, the defendant METROPOLITAN TRANSPORTATION AUTHORITY, owned a 2007 FORD motor vehicle bearing New York registration number 63484LA. 36. That at all times hereinafter mentioned, and on August 26, 2017, the defendant METROPOLITAN TRANSPORTATION AUTHORITY, maintained a 2007 FORD motor vehicle bearing New York registration number 63484LA. 37. That at all times hereinafter mentioned, and on August 26, 2017, the defendant METROPOLITAN TRANSPORTATION AUTHORITY, managed a 2007 FORD motor vehicle bearing New York registration number 63484LA. 38. That at all times hereinafter mentioned, and on August 26, 2017, the defendant METROPOLITAN TRANSPORTATION AUTHORITY, controlled a 2007 FORD motor vehicle bearing New York registration number 63484LA. 39. That at all times hereinafter mentioned, and on August 26, 2017, the defendant CBT PARA TRANSIT INC., owned a 2007 FORD motor vehicle bearing New York registration number 63484LA. 40. That at all times hereinafter mentioned, and on August 26, 2017, the defendant CBT PARA TRANSIT INC., maintained a 2007 FORD motor vehicle bearing New York registration number 63484LA. 41. That at all times hereinafter mentioned, and on August 26, 2017, the defendant CBT PARA TRANSIT INC., managed a 2007 FORD motor vehicle bearing New York registration number 63484LA. 42. That at all times hereinafter mentioned, and on August 26, 2017, the defendant CBT PARA TRANSIT INC., controlled a 2007 FORD motor vehicle bearing New York registration number 63484LA. 43. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, operated a 2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant THE CITY OF NEW YORK. 44. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ operated a 2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant THE CITY OF NEW YORK. 45. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant THE CITY OF NEW YORK. 46. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant THE CITY OF NEW YORK. 47. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant THE CITY OF NEW YORK. 48. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant THE CITY OF NEW YORK. 49. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, maintained a 2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant THE CITY OF NEW YORK. 50. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, maintained a2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant THE CITY OF NEW YORK. 51. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, operated a 2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant NYC TRANSIT AUTHORITY. 52. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, operated a 2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant NYC TRANSIT AUTHORITY. 53. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant NYC TRANSIT AUTHORITY. 54. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant NYC TRANSIT AUTHORITY. 55. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant NYC TRANSIT AUTHORITY. 56. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant NYC TRANSIT AUTHORITY. 57. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, maintained a 2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant NYC TRANSIT AUTHORITY. 58. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, maintained a 2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant NYC TRANSIT AUTHORITY. 59. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, operated a 2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant METRO POLIT AN TRANSPORTATION AUTHORITY. 60. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, operated a 2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant METROPOLIT AN TRANSPORTATION AUTHORITY. 61. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant METROPOLITAN TRANSPORTATION AUTHORITY. 62. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant METROPOLITAN TRANSPORTATION AUTHORITY. 63. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant METROPOLITAN TRANSPORTATION AUTHORITY. 64. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant METROPOLITAN TRANSPORTATION AUTHORITY. 65. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, maintained a 2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant METROPOLITAN TRANSPORTATION AUTHORITY. 66. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, maintained a 2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant METROPOLITAN TRANSPORTATION AUTHORITY. 67. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, operated a 2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant CBT PARA TRANSIT INC. 68. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, operated a 2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant CBT PARA TRANSIT INC. 69. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant CBT PARA TRANSIT INC. 70. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, managed a 2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant CBT PARA TRANSIT INC. 71. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant CBT PARA TRANSIT INC. 72. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, controlled a 2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant CBT PARA TRANSIT INC. 73. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, maintained a2007 FORD motor vehicle bearing New York registration number 63484LA with the actual knowledge, permission and consent of defendant CBT PARA TRANSIT INC. 74. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, maintained a 2007 FORD motor vehicle bearing New York registration number 63484LA with the implied knowledge, permission and consent of defendant CBT PARA TRANSIT INC. 75. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, was and is an employee of the defendant THE CITY OF NEW YORK. 76. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, was and is an employee of the defendant NYC TRANSIT AUTHORITY. 77. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, was and is an employee of the defendant METROPOLITAN TRANSPORTATION AUTHORITY. 78. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, was and is an employee of the defendant CBI PARA TRANSIT INC. 79. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, was in the course of her employment with defendant THE CITY OF NEW YORK. 80. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, was in the course of her employment with defendant NYC TRANSIT AUTHORITY. 81. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, was in the course of her employment with defendant METRO POLIT AN TRANSPORTATION AUTHORITY. 82. That at all times hereinafter mentioned, and on August 26, 2017, the defendant, AYALA DENNIZ, was in the course of her employment with defendant CBI PARA TRANSIT INC. 83. That at all of the times hereinafter mentioned, the intersection of Bruckner Boulevard and Morrison Avenue, in the County ofBRONX, City and State ofNew York, was and stillis a public highway used extensively by the public in general 84. That on August 26, 2017 at approximately 12:00 pm, at the above mentioned location, a 2007 FORD vehicle bearing New York registration number 63484LA owned by defendants THE CITY OF NEW YORK, NYC TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, CBT PARA TRANSIT INC., and operated by the defendant, AYALA DENNIZ came into a contact with a 2017 NISSAN vehicle bearing New York Registration number GUP54 l l owned and operated by plaintiff JACQUAN SMITH. · 85. That the aforesaid accident and injuries resulting therefrom were due solely and wholly as a result of the careless and negligent manner in which the defendants owned, operated, maintained, managed and controlled their vehicle, and without the plaintiff in any way contributing hereto. 86. That the contact occurred as a result of the negligent, careless and reckless conduct of the defendants in ownership, use, operation, maintenance, management and control of their vehicle, causing plaintiff to sustain serious permanent personal injuries. 87. That by reason of the foregoing and the negligence of the defendants, the plaintiff JACQUAN SMITH, was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled and so remained for a considerable length of time. 88. That by reason of the foregoing, the plaintiff, JACQUAN SMITH, was compelled to and did necessarily required medical aid and attention, and did necessarily pay and become liable therefore for medicines and upon information and belief, the plaintiff, JACQUAN SMITH, will necessarily incur similar expenses. 89. That by reason of the foregoing, the plaintiff, JACQUAN SMITH, has been unable to attend to his usual occupation in the manner required. 90. That one or more of the exceptions of §1602 of the Civil Practice Law and Rules apply to the within action. 91. That at all times hereinafter mentioned, plaintiff was wearing a seat belt and was in compliance with the New York State Vehicle and Traffic Law §1229-c. 92. That the said injuries sustained by the plaintiff were caused solely by the negligence of the defendants and without any negligence on the part of the plaintiff. 93. That by reason of foregoing, plaintiff was rendered sick, sore, lame and disabled and suffered painful and permanent injuries to various parts of their persons with accompanying pain; that they continue to be sick, sore, lame and disabled for a long time to come and was required to receive hospital and medical treatment and attention for his injuries and was unable to continue to perform the usual pursuits and activities all to his damage. 94. That as a result of the foregoing, the plaintiff has sustained serious injuries as defined in §5102 subdivision D of the Insurance Law of the State of New York in that they have suffered a fracture and/or a significant disfigurement; a permanent loss of use of a body organ or a member, function and/or a significant limitation of use of a body function and/or system and/or medically determined injury or impairment of non-permanent nature which prevents them from performing substantially of the material acts which constitutes the usual and customary daily activities for not less than ninety (90) days during the one hundred eighty ( 180) days immediately following the occurrences of the injury or impairment. 95. That by reason of the wrongful, negligent and unlawful actions of the defendants, as aforesaid, the plaintiff, JACQUAN SMITH sustained economic loss greater than basic economic loss as defined in Section 5104 of the Insurance Law of the State of New York, in that, all hospital and medical bills unpaid by no-fault insurance and/or resulting medical liens incurred as a consequence of the complained of accident were and are claimed as special damages by plaintiff herein, and upon information and belief, plaintiff shall in the future continue to require medical care and therapy, and, accordingly shall become liable for such future medical costs and expenses for an indefinite period of time into the future. 96. That as a result of the foregoing, the plaintiff, JACQUAN SMITH, has sustained damages, both general and special, in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A FIRST CAUSE OF ACTION BY PLAINTIFF JACOUAN SMITH AGAIST DEFENDANTS THE CITY OF NEW YORK, NYC TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, CBT PARA TRANSIT INC. and AYALA DENNIZ FOR NEGLIGENT OWNERSHIP AND OPERATION OF MOTOR VEHICLE 97. Plaintiff JACQUAN SMITH repeats and reiterates those allegations set forth above with same force and effect as if fully pleaded herein. 98. That the aforesaid contact and the resulting accident were in no way due to any negligence on the part of the plaintiff contributing thereto, but were caused by the joint, several and/or concurrent negligence of the defendants" and/or said defendants' agents, servants, employees and/or licensees in the ownership, operation, use, management, maintenance and control of the aforesaid vehicle. 99. Defendants NYC TRANSIT AUTHORITY, THE CITY OF NEW YORK, METROPOLITAN TRANSPORTATION AUTHORITY, CBT PARA TRANSIT INC., and AYALA DENNIZ were negligent, careless and reckless in the ownership, use, operation, management, maintenance, supervision and control of the aforesaid vehicle. Defendants were otherwise negligent, careless and reckless under the circumstances then and there prevailing. The aforementioned occurrence and plaintiffs serious injuries and resultant damages, were caused jointly and/or severally by the negligence and/or recklessness of the defendants and each of them, in the ownership, use, operation, management, maintenance and control of their vehicle, to wit: in negligently and recklessly operating said 2007 Ford at the excessive rate of speed; in failing to keep proper lookout for traffic conditions then presenting; in in failing to keep proper and safe distance; in failing to operate said vehicle in accordance with and pursuant to the rules of the road; in disregarding traffic regulatory devices including but not limited to traffic signs, controls and speed limits; in failing to keep said vehicle under proper control; in causing and permitting said 2007 Ford to be operated over and along the aforedescribed public highways at an excessive rate of speed and/or at a greater speed than care and caution would permit under the circumstances and conditions then existing to the knowledge of the defendants; in operating said vehicle in a manner contrary to and in violation of the laws, statutes, ordinances, rules, and regulation of the City and State ofNew York, including but not limited to the New York State Vehicle and Traffic Law and Chapter 34 of the Rules & Regulations of the City of New York [ Traffic Rules and Regulations]; in failing to make timely and proper use of adequate brakes, turning signal devices and steering mechanisms; in failing to check and properly regulate the speed of the aforesaid vehicle so as to unnecessarily and carelessly expose plaintiff, to foreseeable injuries and harm; in operating said 2007 Ford vehicle in a such a negligent and/or reckless manner so as to precipitate the complained of accident to occur without any contribution on the part of the plaintiff thereto whatsoever; and in otherwise being careless and negligent in the ownership, use, operation, management, maintenance, supervision and control of the defendants' vehicle in contravention of the laws and rules of the State and City ofNew York, thereby substantially causing serious injury to plaintiff JACQUAN SMITH AS AND FORA SECOND CAUSE OF ACTION BY PLAINTIFF JACOUAN SMITH AGAIST DEFENDANTS THE CITY OF NEW YORK, NYC TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, CBT PARA TRANSIT INC. FOR NEGLIGENT ENTRUSTMENT 100. Plaintiff JACQUAN SMITH by and for this second cause of action repeats and reiterates those allegations set forth above with the same force and effect as if fully pleaded herein. 101. That at all times hereinafter mentioned, including August 26, 2017, and prior thereto, defendants THE CITY OF NEW YORK, NYC TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, CBT PARA TRANSIT INC., owned, controlled, inspected, maintained and repaired the aforesaid 2007 Ford bearing New York State license plate number 63484LA. 102. That at all times hereinafter mentioned, including August 26, 2017, defendant AYALA DENNIZ, was inexperienced, incompetent, unfit or otherwise unsuited in the operation and control of the said vehicle. 103 . Defendant AYALA DENNIZ, at all times relevant herein, was inexperienced, incompetent, unfit or otherwise unsuited to perform safe and proper vehicle operation in the course of her employment with the defendants THE CITY OF NEW YORK, NYC TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and CBT PARA TRANSIT INC. 104. That the defendants, THE CITY OF NEW YORK, NYC TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and CBT PARA TRANSIT INC ., knew or had reason to know that, because of defendant AYALA DENNIZ 's inexperience, incompetence, unfitness or other condition or quality, her operation, control or use of the aforesaid vehicle posed an unreasonable risk of physical harm to others, including plaintiff herein, whom defendants THE CITY OF NEW YORK, NYC TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and CBT PARA TRANSIT INC., should have expected to be endangered by defendant AYALA DENNIZ's operation, control or use of the aforesaid vehicle at the aforesaid location. 105 . That on August 26, 2017, and at approximately 12:00 pm, the aforesaid 2007 Ford owned, controlled, inspected, maintained and repaired by defendants THE CITY OF NEW YORK, NYC TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and CBT PARA TRANSIT INC. was caused, permitted, enabled and/or entrusted to be operated, controlled or used by defendant AYALA DENNIZ at the intersection of Bruckner Boulevard an