On April 12, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Vivett Allen,
and
Metropolitan Transportation Authority,
New York City Transit Authority
D B A Mta New York City Transit,
Rena Hines,
Stevne Gilbert,
for Torts - Motor Vehicle
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 06/09/2022 04:42 PM INDEX NO. 508521/2021
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 06/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_______________________________________________________________________Ç
VIVETT ALLEN, STATEMENT OF
MATERIAL FACTS
Plaintiff(s),
Index No.: 508521/2021
-against
RENA HINES, STEVNE GlLBERT,
METROPOLITAN TRANSPORTATION AUTHORITY,
and NEW YORK CITY TRANSIT AUTHORITY d/b/a
MTA NEW YORK CITY TRANSIT (NYCTA),
Defendant(s).
....__________________------......._______________________________.._______Ç
RONALD H. ROTH, ESQ., an attorney duly authorized to practice in the State of New
York, hereby affirms that the following is true under the penalties of penury:
l. I am the attorney for the Plaintiff herein, and, as such, I am familiar with the facts
and circumstances heretofore had herein.
2. Pursuant to Section 202.8-g of Uniform Civil Rules For The Supreme Court & The
County Court, Plaintiff are hereby providing a short and concise statement of the material facts as
to which the moving parties contend there are no genuine issues to be tried.
3. Plaintiff's name is VIVETT ALLEN. Plaintiff was involved in a motor vehicle
accident on January 13, 2020. (See Exhibit "S".)
4. Plaintiff was a passenger at the time of the accident. (See Exhibit "5".)
5. Plaintiff was a passenger in a motor vehicle, bearing New York License Plate
Number BA4777. (See Exhibit "5".)
6. The accident involved another motor vehicle that bore New York License Plate
Number BA8788. (See Exhibit "5".)
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FILED: KINGS COUNTY CLERK 06/09/2022 04:42 PM INDEX NO. 508521/2021
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 06/09/2022
7. The accident was the result of two NYCTA vehicles sideswiping each other at the
NYCTA bus depot. (See Exhibit "5".)
8. Both vehicles involved in this accident were admittedly owned and operated by
Defendants'
Defendant NYCTA. (See Exhibit "3".) Specifically, in Verified Answer,
Defendant NEW YORK CITY TRANSIT AUTHORITY admitted "that at all times
mentioned in the Complaint, defendant NEW YORK CITY TRANSIT AUTHORITY owned
and maintained buses designated Buses Numbered 7663 and 7553, bearing New York State
license plate numbers BA4777 and BA8788, and that defendants STEVEN GILBERT and
RENA HINES were employed by defendant NEW YORK CITY TRANSIT AUTHORITY
and that defendants STEVEN GILBERT and RENA HINES operated and controlled said
buses in the regular scope of their employment with, and with the permission and consent
of, defendant NEW YORK CITY TRANSIT AUTHORITY, at or near Rockaway Parkway
Road."
and Glenwood (See Exhibit "3".)
9. In light of the above, the Plaintiff was merely an innocent passenger in a vehicle
-- as she played no part whatsoever in the of this and Defendant NYCTA
happening accident,
is 100% at fault for the happening of this accident (no matter how liability is apportioned
between the two vehicles).
10. For the record, Defendants have conceded liability for the subject motor vehicle
accident of January 13, 2020 involving Plaintiff. (see Exhibit "7"). As such, Plaintiff requires
an Order from this Court so that Plaintiff can collect interest on the ultimate verdict at trial.
11. WHEREFORE, your Affirmant respectfully prays for (1) an Order, pursuant to
NY CPLR § 3212, granting Plaintiff summary judgment on the issue of liability; (2) an Order,
Defendants'
pursuant to NY § CPLR 3211(b), striking any and all of the affirmative defenses
relating to the Plaintiff's alleged comparative fault herein; and/or (3) for such other and further
reliefas may be just, proper, and equitable.
Dated: New York, New York
June 9, 2022 Yours, etc.,
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FILED: KINGS COUNTY CLERK 06/09/2022 04:42 PM INDEX NO. 508521/2021
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 06/09/2022
ROTH & KF E, LL
By:
R A H. R H, ESQ.,
A ey(s)for Plaintiff(s),
14 Wall Street, Suite 1603
New York, New York 10005
Telephone: 212-608-3015
Facsimile: 212-608-2177
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Document Filed Date
June 09, 2022
Case Filing Date
April 12, 2021
Category
Torts - Motor Vehicle
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FILED: KINGS COUNTY CLERK 06/09/2022 04:42 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 06/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _______________________________________________________________________Ç VIVETT ALLEN, STATEMENT OF MATERIAL FACTS Plaintiff(s), Index No.: 508521/2021 -against RENA HINES, STEVNE GlLBERT, METROPOLITAN TRANSPORTATION AUTHORITY, and NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT (NYCTA), Defendant(s). ....__________________------......._______________________________.._______Ç RONALD H. ROTH, ESQ., an attorney duly authorized to practice in the State of New York, hereby affirms that the following is true under the penalties of penury: l. I am the attorney for the Plaintiff herein, and, as such, I am familiar with the facts and circumstances heretofore had herein. 2. Pursuant to Section 202.8-g of Uniform Civil Rules For The Supreme Court & The County Court, Plaintiff are hereby providing a short and concise statement of the material facts as to which the moving parties contend there are no genuine issues to be tried. 3. Plaintiff's name is VIVETT ALLEN. Plaintiff was involved in a motor vehicle accident on January 13, 2020. (See Exhibit "S".) 4. Plaintiff was a passenger at the time of the accident. (See Exhibit "5".) 5. Plaintiff was a passenger in a motor vehicle, bearing New York License Plate Number BA4777. (See Exhibit "5".) 6. The accident involved another motor vehicle that bore New York License Plate Number BA8788. (See Exhibit "5".) 1 of 3 FILED: KINGS COUNTY CLERK 06/09/2022 04:42 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 06/09/2022 7. The accident was the result of two NYCTA vehicles sideswiping each other at the NYCTA bus depot. (See Exhibit "5".) 8. Both vehicles involved in this accident were admittedly owned and operated by Defendants' Defendant NYCTA. (See Exhibit "3".) Specifically, in Verified Answer, Defendant NEW YORK CITY TRANSIT AUTHORITY admitted "that at all times mentioned in the Complaint, defendant NEW YORK CITY TRANSIT AUTHORITY owned and maintained buses designated Buses Numbered 7663 and 7553, bearing New York State license plate numbers BA4777 and BA8788, and that defendants STEVEN GILBERT and RENA HINES were employed by defendant NEW YORK CITY TRANSIT AUTHORITY and that defendants STEVEN GILBERT and RENA HINES operated and controlled said buses in the regular scope of their employment with, and with the permission and consent of, defendant NEW YORK CITY TRANSIT AUTHORITY, at or near Rockaway Parkway Road." and Glenwood (See Exhibit "3".) 9. In light of the above, the Plaintiff was merely an innocent passenger in a vehicle -- as she played no part whatsoever in the of this and Defendant NYCTA happening accident, is 100% at fault for the happening of this accident (no matter how liability is apportioned between the two vehicles). 10. For the record, Defendants have conceded liability for the subject motor vehicle accident of January 13, 2020 involving Plaintiff. (see Exhibit "7"). As such, Plaintiff requires an Order from this Court so that Plaintiff can collect interest on the ultimate verdict at trial. 11. WHEREFORE, your Affirmant respectfully prays for (1) an Order, pursuant to NY CPLR § 3212, granting Plaintiff summary judgment on the issue of liability; (2) an Order, Defendants' pursuant to NY § CPLR 3211(b), striking any and all of the affirmative defenses relating to the Plaintiff's alleged comparative fault herein; and/or (3) for such other and further reliefas may be just, proper, and equitable. Dated: New York, New York June 9, 2022 Yours, etc., 2 of 3 FILED: KINGS COUNTY CLERK 06/09/2022 04:42 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 06/09/2022 ROTH & KF E, LL By: R A H. R H, ESQ., A ey(s)for Plaintiff(s), 14 Wall Street, Suite 1603 New York, New York 10005 Telephone: 212-608-3015 Facsimile: 212-608-2177 3 of 3