Motion-Secondary: John Vento, Kimberly Vento v. Darnell M Edwards, Islandwide Transportation Incorporated, The Town Of Brookhaven, Oto Transport Inc.

On December 31, 2012 a Motion-Secondary was filed involving a dispute between John Vento, Kimberly Vento, and Darnell M Edwards, Islandwide Transportation Incorporated, Oto Transport Inc., The Town Of Brookhaven, for Tort in the District Court of Suffolk County.

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FILED: SUFFOLK COUNTY CLERK 07/30/2021 03:16 AM INDEX NO. 038664/2012
NYSCEF DOC. NO. 361 RECEIVED NYSCEF: 07/30/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
)
JOHN VENTO, a minor by his Mother and ) Index No. 038664/2012
Natural Guardian KIMBERLY VENTO and )
KIMBERLY VENTO individually, )
) RESPONSES TO
Plaintiffs, ) STATEMENTS OF
) MATERIAL FACTS
- against - ) PURSUANT TO
) 22 N.Y.C.R.R. § 202.8-g(b-d)
DARNELL M. EDWARDS, ISLANDWIDE )
TRANSPORTATION INCORPORATED, THE )
TOWN OF BROOKHAVEN and OTO )
TRANSPORT, INC., )
)
Defendants. )
)
)
TOWN OF BROOKHAVEN, ) Index No. 770257/2014
)
Third-Party Plaintiff, )
)
- against - )
)
KIMBERLY VENTO and JOSEPH VENTO, )
)
Third-Party Defendants. )
)
)
ISLANDWIDE TRANSPORTATION ) Index No. 770270/2014
INCORPORATED, )
)
Second Third-Party Plaintiff, )
)
- against - )
)
KIMBERLY VENTO and JOSEPH VENTO, )
)
Third-Party Defendants. )
)

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FILED: SUFFOLK COUNTY CLERK 07/30/2021 03:16 AM INDEX NO. 038664/2012
NYSCEF DOC. NO. 361 RECEIVED NYSCEF: 07/30/2021

)
DARNELL M. EDWARDS and OTO ) Index No. 770337/2014
TRANSPORT, INC., )
)
Third Third-Party Plaintiffs, )
)
- against - )
)
KIMBERLY VENTO and JOSEPH VENTO, )
)
Third Third-Party Defendants. )
)

BRIAN J. MCGOVERN, ESQ., an attorney duly admitted to practice before the courts of

the State of New York, respectfully affirms the truth of the following under penalty of perjury

pursuant to CPLR § 2106:

1. I am a Member of the Law Offices of Brian J. McGovern, LLC, counsel for

defendants and Third-Party plaintiffs DARNELL M. EDWARDS and OTO TRANSPORT, INC.

(“Edwards and Oto”); and, as such, I am fully familiar with all of the pleadings and proceedings

heretofore had herein.

2. I submit these Responses to Statement of Material Facts as to codefendant and

Third-Party plaintiff TOWN OF BROOKHAVEN’s (“Brookhaven”) motion that seeks an Order

granting Brookhaven summary judgment against all parties herein; and as to plaintiffs JOHN

VENTO, a minor by his Mother and Natural Guardian KIMBERLY VENTO’s and KIMBERLY

VENTO individually’s as well as third-party Defendants KIMBERLY VENTO’s and JOSEPH

VENTO’s (“Ventos”) cross-motion that seeks an Order granting dismissal of the negligent

entrustment actions commenced against third-party Defendants KIMBERLY VENTO and

JOSEPH VENTO.

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Responses to Brookhaven’s Statement of Material Facts,
Pursuant to 22 N.Y.C.R.R. § 202.8-g(b-d)

1. Undisputed, only for the purpose of this motion.

2. Undisputed, only for the purpose of this motion.

3. Undisputed, to the extent that KIMBERLY VENTO testified that her address at the

time of her April 20, 2016 Examination Before Trial was 45 Plandome Road in Sound Beach, New

York 11789, and that JOHN VENTO attested that the top of an unspecified road was “three (3)

houses away” from his home on April 5, 2012. (See Brookhaven’s Exhibit G, pg. 22, lns. 3-18;

Exhibit I, pg. 11, pg. 11, lns. 15-16).

4. Undisputed, only for the purpose of this motion.

5. Undisputed, only for the purpose of this motion.

6. Undisputed, only for the purpose of this motion.

7. Undisputed, only for the purpose of this motion.

8. Undisputed, only for the purpose of this motion.

9. Disputed, as Brookhaven’s citation does not correlate to its assertion therein.

10. Disputed, as Brookhaven’s citation does not correlate to its assertion therein.

11. Disputed, as Brookhaven’s citation does not correlate to its assertion therein.

12. Disputed, as Brookhaven’s citation does not correlate to its assertion therein.

13. Undisputed, only for the purpose of this motion.

14. Undisputed, only for the purpose of this motion.

15. Undisputed, to the extent that the title of the study is substantially similar to the

study cited by Brookhaven.

16. Undisputed, to the extent that the purpose of the study is substantially similar to the

purpose cited by Brookhaven.

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17. Undisputed, only for the purpose of this motion; however the study also identifies

Plandome Road as a “high accident roadway.” (See Brookhaven’s Exhibit S, pgs. 3 (5/51), 11

(14/51), 18 (21/51)).

18. Disputed, as the study does not appear to have assessed Plandome Road in order to

recommend or not recommend installations of signs related to hilly topography or limited sight

distance despite Plandome Road being characterized as a “high accident roadway;” moreover,

Brookhaven’s citation does not correlate to its assertion therein. (See Brookhaven’s Exhibit S, pgs.

25-31 (28-34/51)).

19. Disputed, as Brookhaven’s citation does not establish that there was only one (1)

accident at or near the subject location prior to the subject accident date. (See Brookhaven’s

Exhibit T, ‘Plaintiff’s Exhibit 2C’ (20/25)).

Responses to Ventos’ Statement of Material Facts,
Pursuant to 22 N.Y.C.R.R. § 202.8-g(b-d)

1. Disputed, as Ventos’ citation does not establish that John Vento rode motorized

bicycles at a facility in Yaphank that provided instructions since he was age eight (8). (See

Brookhaven’s Exhibit F, pg. 31, ln. 20; Exhibit I, pg., 30, ln. 23, and pg. 31, ln. 15).

2. Undisputed, only for the purpose of this motion.

3. Undisputed, only for the purpose of this motion.

4. Disputed, as Ventos’ citation does not correlate to its assertion therein.

5. Undisputed, only for the purpose of this motion, to the extent that Detective

Lawrence Gualtieri attested at the time of his Examination Before Trial to his belief that there was

no sign instructing as to parking on Plandome Road (See Ventos’ Exhibit K, pg. 120, ln. 7 ~ pg.

122, ln. 8).

6. Disputed, as Ventos’ citation does not correlate to its assertion therein.

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7. Undisputed, only for the purpose of this motion.

8. Undisputed, only for the purpose of this motion.

9. Disputed, to the extent that Police Officer James Rios attested at the time of his

Examination Before Trial that two (2) vehicles “sideswiped each other” at the subject accident

location on January 25, 2014. (See Ventos’ Exhibit P, pg. 15, ln. 6~ pg. 18, ln. 15).

10. Undisputed, only for the purpose of this motion.

11. Disputed, as Ventos’ citation does not establish that Brookhaven’s crash database

included details such as the January 9, 2009 accident’s location, the collision type, or contributing

factor; however, Brookhaven has admitted that the Police Accident Report created from the

January 9, 2009 accident was entered into the Brookhaven’s crash database. (See Ventos’ Exhibit

U, ‘Response to Supplemental Notice to Admit Dated November 5, 2019 and Received November

7, 2019’, pg. 81/84).

12. Undisputed, only for the purpose of this motion.

13. Undisputed, only for the purpose of this motion.

14. Undisputed, only for the purpose of this motion, to the extent that Brookhaven