On August 17, 2021 a
Party Statement
was filed
involving a dispute between
Maria Pizarro,
and
Bryan Reed,
Caring Transportation, Llc,
City Of Syracuse,
Frank Arquette,
Sabrena Podolak,
for Torts - Motor Vehicle
in the District Court of Onondaga County.
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FILED: ONONDAGA COUNTY CLERK 11/17/2022 04:33 PM INDEX NO. 007297/2021
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/17/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
MARIA PIZARRO,
Plaintiff, STATEMENT OF MATERIAL
FACTS NOT IN DISPUTE
v.
Index No. 007297/2021
FRANK ARQUETTE, CITY OF SYRACUSE,
BRYAN REED, SABRENA PODOLAK, AND
CARING TRANSPORTATION, LLC,
Defendants.
Defendants, Frank Arquette (“Mr. Arquette”) and the City of Syracuse (“City”)
(hereinafter collectively referred to as “City Defendants”), hereby submit the following
Statement of Material Facts in accordance with 12 N.Y.C.R.R. §202.8-g with specific citations to
the record where such facts are set forth:
STATEMENT OF MATERIAL FACTS
Defendants Frank Arquette and the City of Syracuse contend that there are no genuine
issues as to the following material facts:
1. On January 22, 2021, Defendant Bryan Reed (“Mr. Reed”) was involved in a
motor vehicle collision with a vehicle owned by the City and operated by Mr. Arquette, while he
was operating a vehicle owned by Defendant Sabrena Podolak (“Ms. Podolak”). See Exhibit 1
and Exhibit 15, pp 6-7.
2. Plaintiff was a passenger in the vehicle operated by Mr. Reed and owned by Ms.
Podolak. See Ex. 15. at p. 7.
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FILED: ONONDAGA COUNTY CLERK 11/17/2022 04:33 PM INDEX NO. 007297/2021
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/17/2022
3. Mr. Reed was utilizing the vehicle in the scope of his employment with Caring
Transportation, LLC and was transporting Plaintiff Maria Pizzaro to a medical appointment. See
id. at p. 17
4. Weather conditions were clear, and the road at the location of the subject motor
vehicle accident was dry. See id. at p. 18.
5. The weather did not have anything to do with the cause of the collision. See id. at
p. 18.
6. Mr. Reed was traveling south on Irving Avenue, as was Mr. Arquette when both
vehicles stopped at a red light. Defendant Bryan Reed was behind Defendant Frank Arquette. See
id. at pp. 19, 24.
7. When the light turned green both vehicles started to proceed straight. See id. at p.
24.
8. When the City vehicle was beginning to move ahead Mr. Reed was looking down
Genesee Street and was not looking ahead. See id. at pp. 24-25.
9. Mr. Reed did not see the brake lights on the City’s vehicle until he was colliding
with it. See id. at pp. 31-32.
10. Mr. Reed did not hit the brakes until he was already colliding with the City
vehicle and did not see the truck come to a stop before he hit it See id. at p. 30.
11. The front of the vehicle operated by Mr. Reed impacted the rear of the City’s
vehicle. See id. at p. 25.
12. Mr. Reed saw the brake lights working on the City’s vehicle prior to the accident
while both vehicles were stopped at the red light. See id. at p. 31.
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FILED: ONONDAGA COUNTY CLERK 11/17/2022 04:33 PM INDEX NO. 007297/2021
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/17/2022
13. Mr. Reed did not see the vehicle traveling in the opposite direction on Irving
Avenue make the left turn in front of the City vehicle operated by Mr. Arquette. See id. at p. 31.
Dated: November 17, 2022
Syracuse, New York SUSAN R. KATZOFF, ESQ.
Corporation Counsel
/s/ Danielle B. Pires
______________________________
Danielle B. Pires, Esq.
Assistant Corporation Counsel
Attorney for Defendant
City of Syracuse
300 City Hall
Syracuse, New York 13202
Tel.: (315) 448-8400
To: Bethany A. Rubin, Esq.
NASH CONNORS, P.C.
Attorneys for Defendants
Bryan Reed and Sabrena Podolak
344 Delaware Avenue, Suite 400
Buffalo, New York 14202
Tel: (716) 842-4121
Craig Z. Small, Esq.
SMALL LAW FIRM
Attorneys for Plaintiff
1904 Liberty Building
Buffalo, New York 14202
Tel: (716) 847-2600
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FILED: ONONDAGA COUNTY CLERK 11/17/2022 04:33 PM INDEX NO. 007297/2021
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/17/2022
Word Count Certification
I, Danielle B. Pires, attorney for the City of Syracuse, hereby state that the attached Statement of
Material Facts not in dispute, excluding the caption and signature block is 444 words in length.
/s/ Danielle B. Pires
_______________________________________
Danielle Pires, Esq.
Assistant Corporation Counsel
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Document Filed Date
November 17, 2022
Case Filing Date
August 17, 2021
Category
Torts - Motor Vehicle
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FILED: ONONDAGA COUNTY CLERK 11/17/2022 04:33 PM INDEX NO. 007297/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/17/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA MARIA PIZARRO, Plaintiff, STATEMENT OF MATERIAL FACTS NOT IN DISPUTE v. Index No. 007297/2021 FRANK ARQUETTE, CITY OF SYRACUSE, BRYAN REED, SABRENA PODOLAK, AND CARING TRANSPORTATION, LLC, Defendants. Defendants, Frank Arquette (“Mr. Arquette”) and the City of Syracuse (“City”) (hereinafter collectively referred to as “City Defendants”), hereby submit the following Statement of Material Facts in accordance with 12 N.Y.C.R.R. §202.8-g with specific citations to the record where such facts are set forth: STATEMENT OF MATERIAL FACTS Defendants Frank Arquette and the City of Syracuse contend that there are no genuine issues as to the following material facts: 1. On January 22, 2021, Defendant Bryan Reed (“Mr. Reed”) was involved in a motor vehicle collision with a vehicle owned by the City and operated by Mr. Arquette, while he was operating a vehicle owned by Defendant Sabrena Podolak (“Ms. Podolak”). See Exhibit 1 and Exhibit 15, pp 6-7. 2. Plaintiff was a passenger in the vehicle operated by Mr. Reed and owned by Ms. Podolak. See Ex. 15. at p. 7. 1 1 of 4 FILED: ONONDAGA COUNTY CLERK 11/17/2022 04:33 PM INDEX NO. 007297/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/17/2022 3. Mr. Reed was utilizing the vehicle in the scope of his employment with Caring Transportation, LLC and was transporting Plaintiff Maria Pizzaro to a medical appointment. See id. at p. 17 4. Weather conditions were clear, and the road at the location of the subject motor vehicle accident was dry. See id. at p. 18. 5. The weather did not have anything to do with the cause of the collision. See id. at p. 18. 6. Mr. Reed was traveling south on Irving Avenue, as was Mr. Arquette when both vehicles stopped at a red light. Defendant Bryan Reed was behind Defendant Frank Arquette. See id. at pp. 19, 24. 7. When the light turned green both vehicles started to proceed straight. See id. at p. 24. 8. When the City vehicle was beginning to move ahead Mr. Reed was looking down Genesee Street and was not looking ahead. See id. at pp. 24-25. 9. Mr. Reed did not see the brake lights on the City’s vehicle until he was colliding with it. See id. at pp. 31-32. 10. Mr. Reed did not hit the brakes until he was already colliding with the City vehicle and did not see the truck come to a stop before he hit it See id. at p. 30. 11. The front of the vehicle operated by Mr. Reed impacted the rear of the City’s vehicle. See id. at p. 25. 12. Mr. Reed saw the brake lights working on the City’s vehicle prior to the accident while both vehicles were stopped at the red light. See id. at p. 31. 2 2 of 4 FILED: ONONDAGA COUNTY CLERK 11/17/2022 04:33 PM INDEX NO. 007297/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/17/2022 13. Mr. Reed did not see the vehicle traveling in the opposite direction on Irving Avenue make the left turn in front of the City vehicle operated by Mr. Arquette. See id. at p. 31. Dated: November 17, 2022 Syracuse, New York SUSAN R. KATZOFF, ESQ. Corporation Counsel /s/ Danielle B. Pires ______________________________ Danielle B. Pires, Esq. Assistant Corporation Counsel Attorney for Defendant City of Syracuse 300 City Hall Syracuse, New York 13202 Tel.: (315) 448-8400 To: Bethany A. Rubin, Esq. NASH CONNORS, P.C. Attorneys for Defendants Bryan Reed and Sabrena Podolak 344 Delaware Avenue, Suite 400 Buffalo, New York 14202 Tel: (716) 842-4121 Craig Z. Small, Esq. SMALL LAW FIRM Attorneys for Plaintiff 1904 Liberty Building Buffalo, New York 14202 Tel: (716) 847-2600 3 3 of 4 FILED: ONONDAGA COUNTY CLERK 11/17/2022 04:33 PM INDEX NO. 007297/2021 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/17/2022 Word Count Certification I, Danielle B. Pires, attorney for the City of Syracuse, hereby state that the attached Statement of Material Facts not in dispute, excluding the caption and signature block is 444 words in length. /s/ Danielle B. Pires _______________________________________ Danielle Pires, Esq. Assistant Corporation Counsel 4 4 of 4