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FILED: ORANGE COUNTY CLERK 07/07/2022 04:53 PM INDEX NO. EF003805-2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
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APRIL SHIPMAN, Index No: EF003805-2021
Plaintiff, STATEMENT OF
MATERIAL FACTS
-against-
NFI TRANSPORTATION, NATIONAL FREIGHT, INC.
and RAKA ZEREZGHI,
Defendants.
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Plaintiff, APRIL SHIPMAN, by and through his/her/their attorney, PATRICK S. OWEN,
PLLC, as and for his/her/their Statement of Material Facts pursuant to 22 NYCRR 202.8-g,
submits the following material facts cannot be reasonably disputed:
1. On July 25, 2020, Plaintiff April Shipman was the operator of a 2013 Honda motor vehicle
stopped behind a tractor trailer at a red light on Route 208, Town of Montgomery, County
of Orange, State of New York (Affidavit of Plaintiff April Shipman, ¶¶ 3. & 4; Certified
Police Accident Report submitted herewith as Exhibit 1).
2. At the time of the accident, plaintiff was the operator and behind the wheel of her own
motor vehicle, a 2013 Honda Accord bearing NY registration GKD9175, wearing a three
point typical shoulder lap seatbelt which was properly fastened (Affidavit of April Shipman
¶ 3.; Exhibit 1).
3. Immediately prior to the accident, plaintiff was at a complete stop behind, and in the same
lane as a tractor trailer bearing Indiana registration 2798516, owned by the Defendants,
NFI TRANSPORTATION and NATIONAL FREIGHT, INC. and operated by the
Defendant, RAKA ZEREZGHI (Affidavit of April Shipman ¶ 4.; Exhibit 1).
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FILED: ORANGE COUNTY CLERK 07/07/2022 04:53 PM INDEX NO. EF003805-2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/07/2022
4. The aforementioned tractor trailer and plaintiff’s vehicle were stopped at a red light on
Route 208 at its intersection with Neelytown Road (Affidavit of April Shipman ¶ 5.;
Exhibit 1).
5. There was a lane which was to the right of the tractor trailer which was for traffic to solely
turn right onto Neelytown Road. Where the tractor trailer was stopped, there was a
concrete divider between the lane it was in, and that right turn lane. In order to legally
make the right turn onto Neelytown Road, the tractor trailer would have had to utilized the
lane to the right, prior to making a stop at the light where it was immediately prior to the
accident (Affidavit of April Shipman ¶ 6.; Exhibit 1).
6. While plaintiff was waiting for the light to turn green, and for traffic to then move forward,
the tractor trailer, suddenly, and without warning, backed up into plaintiff’s Honda motor
vehicle (Affidavit of April Shipman ¶ 7.; Exhibit 1).
7. After the accident, the driver of the tractor trailer got out of his cab and told the plaintiff he
was backing up because he had missed his turn. The turn he was referring to was the right
most lane which was separated by a barrier between the lane both vehicles were in and the
lane to their right which was for turning onto Neelytown Road (Affidavit of April Shipman
¶ 8.).
8. As a result of the accident, plaintiff sustained serious injuries which are detailed in the
Verified Bill of Particulars (Affidavit of April Shipman ¶ 9.; Exhibit 4).
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FILED: ORANGE COUNTY CLERK 07/07/2022 04:53 PM INDEX NO. EF003805-2021
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/07/2022
Dated: Middletown, New York
July 7, 2022
Yours, etc.
PATRICK S. OWEN, PLLC
By: ____________________________
PATRICK S. OWEN, ESQ.
Attorney for Plaintiff(s)
250 Crystal Run Road
Middletown, New York 10940
Tel. No.: 845-692-8000
TO: FISHMAN, MCINTYRE, LEVINE & SAMANSKY, P.C.
Attorneys for Defendants
521 Fifth Avenue, 17th Floor
New York, New York 10175
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Preview
FILED: ORANGE COUNTY CLERK 07/07/2022 04:53 PM INDEX NO. EF003805-2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE -------------------------------------------------------------------X APRIL SHIPMAN, Index No: EF003805-2021 Plaintiff, STATEMENT OF MATERIAL FACTS -against- NFI TRANSPORTATION, NATIONAL FREIGHT, INC. and RAKA ZEREZGHI, Defendants. -------------------------------------------------------------------X Plaintiff, APRIL SHIPMAN, by and through his/her/their attorney, PATRICK S. OWEN, PLLC, as and for his/her/their Statement of Material Facts pursuant to 22 NYCRR 202.8-g, submits the following material facts cannot be reasonably disputed: 1. On July 25, 2020, Plaintiff April Shipman was the operator of a 2013 Honda motor vehicle stopped behind a tractor trailer at a red light on Route 208, Town of Montgomery, County of Orange, State of New York (Affidavit of Plaintiff April Shipman, ¶¶ 3. & 4; Certified Police Accident Report submitted herewith as Exhibit 1). 2. At the time of the accident, plaintiff was the operator and behind the wheel of her own motor vehicle, a 2013 Honda Accord bearing NY registration GKD9175, wearing a three point typical shoulder lap seatbelt which was properly fastened (Affidavit of April Shipman ¶ 3.; Exhibit 1). 3. Immediately prior to the accident, plaintiff was at a complete stop behind, and in the same lane as a tractor trailer bearing Indiana registration 2798516, owned by the Defendants, NFI TRANSPORTATION and NATIONAL FREIGHT, INC. and operated by the Defendant, RAKA ZEREZGHI (Affidavit of April Shipman ¶ 4.; Exhibit 1). 1 of 3 FILED: ORANGE COUNTY CLERK 07/07/2022 04:53 PM INDEX NO. EF003805-2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/07/2022 4. The aforementioned tractor trailer and plaintiff’s vehicle were stopped at a red light on Route 208 at its intersection with Neelytown Road (Affidavit of April Shipman ¶ 5.; Exhibit 1). 5. There was a lane which was to the right of the tractor trailer which was for traffic to solely turn right onto Neelytown Road. Where the tractor trailer was stopped, there was a concrete divider between the lane it was in, and that right turn lane. In order to legally make the right turn onto Neelytown Road, the tractor trailer would have had to utilized the lane to the right, prior to making a stop at the light where it was immediately prior to the accident (Affidavit of April Shipman ¶ 6.; Exhibit 1). 6. While plaintiff was waiting for the light to turn green, and for traffic to then move forward, the tractor trailer, suddenly, and without warning, backed up into plaintiff’s Honda motor vehicle (Affidavit of April Shipman ¶ 7.; Exhibit 1). 7. After the accident, the driver of the tractor trailer got out of his cab and told the plaintiff he was backing up because he had missed his turn. The turn he was referring to was the right most lane which was separated by a barrier between the lane both vehicles were in and the lane to their right which was for turning onto Neelytown Road (Affidavit of April Shipman ¶ 8.). 8. As a result of the accident, plaintiff sustained serious injuries which are detailed in the Verified Bill of Particulars (Affidavit of April Shipman ¶ 9.; Exhibit 4). 2 of 3 FILED: ORANGE COUNTY CLERK 07/07/2022 04:53 PM INDEX NO. EF003805-2021 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/07/2022 Dated: Middletown, New York July 7, 2022 Yours, etc. PATRICK S. OWEN, PLLC By: ____________________________ PATRICK S. OWEN, ESQ. Attorney for Plaintiff(s) 250 Crystal Run Road Middletown, New York 10940 Tel. No.: 845-692-8000 TO: FISHMAN, MCINTYRE, LEVINE & SAMANSKY, P.C. Attorneys for Defendants 521 Fifth Avenue, 17th Floor New York, New York 10175 3 of 3