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  • Brittany Stevens v. Rivas Construction Corp., David Rivas Luna, Emmanuel Morgan, Ali George, Ino Transportation Corp., Marino RivasTorts - Motor Vehicle document preview
  • Brittany Stevens v. Rivas Construction Corp., David Rivas Luna, Emmanuel Morgan, Ali George, Ino Transportation Corp., Marino RivasTorts - Motor Vehicle document preview
  • Brittany Stevens v. Rivas Construction Corp., David Rivas Luna, Emmanuel Morgan, Ali George, Ino Transportation Corp., Marino RivasTorts - Motor Vehicle document preview
  • Brittany Stevens v. Rivas Construction Corp., David Rivas Luna, Emmanuel Morgan, Ali George, Ino Transportation Corp., Marino RivasTorts - Motor Vehicle document preview
  • Brittany Stevens v. Rivas Construction Corp., David Rivas Luna, Emmanuel Morgan, Ali George, Ino Transportation Corp., Marino RivasTorts - Motor Vehicle document preview
  • Brittany Stevens v. Rivas Construction Corp., David Rivas Luna, Emmanuel Morgan, Ali George, Ino Transportation Corp., Marino RivasTorts - Motor Vehicle document preview
  • Brittany Stevens v. Rivas Construction Corp., David Rivas Luna, Emmanuel Morgan, Ali George, Ino Transportation Corp., Marino RivasTorts - Motor Vehicle document preview
  • Brittany Stevens v. Rivas Construction Corp., David Rivas Luna, Emmanuel Morgan, Ali George, Ino Transportation Corp., Marino RivasTorts - Motor Vehicle document preview
						
                                

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FILED: KINGS COUNTY CLERK 02/13/2023 12:43 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------------X INDEX NO.: 524933/2020 BRITTANY STEVENS, Plaintiff, - against - AFFIRMATION IN REPLY RIVAS CONSTRUCTION CORP., DAVID RIVAS LUNA, EMMANUEL MORGAN, ALI GEORGE, INO TRANSPORTATION CORP. AND MARINO RIVAS, FILE NO. 1079031 Defendants. CASE ID NO. ATIC-572 ---------------------------------------------------------------------------X RACHEL H. SCHEFEN, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the following to be true under the penalties of perjury pursuant to CPLR § 2106: 1. I am associated with CASSELLA AND SANDUSKY, attorneys for the Defendants, INO TRANSPORTATION CORP. and MARINO RIVAS, and as such am fully familiar with the facts and circumstances of this action as set forth, based upon the contents of the file maintained in this office. 2. I respectfully make this Affirmation, upon information and belief, in reply to the Affirmation in Opposition of Erin E. Hennessy, Esq., counsel for Co-Defendants ALI GEORGE and EMMANUEL MORGAN. Co-Defendants’ counsel submitted the Affirmation in Opposition to the underlying motion of Defendants herein, which sought relief in the form of an Order granting summary judgment in favor of Defendants INO TRANSPORTATION CORP. and MARINO RIVAS on the issue of liability. 3. Defendants repeat and reiterate the allegations raised in the underlying motion and submits this Affirmation in Reply to supplement the same and to respond to Co-Defendants’ 1 of 6 FILED: KINGS COUNTY CLERK 02/13/2023 12:43 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/13/2023 submissions. 4. Co-Defendants’ opposition rests on the contentions that 1) Defendants’ underlying motion is premature and; 2) that Co-Defendants ALI GEORGE and EMMANUEL MORGAN [operator and owner of middle vehicle in three vehicle rear end chain] have a non negligent explanation for the rear end accident. Respectfully, neither of these arguments present issues of fact or overcome Defendants’ entitlement to summary judgment as a matter of law. 5. Defendants’ underlying motion is not premature. A Court may properly grant summary judgment even prior to depositions. Belitsis v. Airborne Express Freight Corp., 306 A.D. 2d (2d Dep’t 2003). See also Pena v. Castillo, 306 A.D.2d 519 (2d Dep’t 2003) (The Appellate Division held “[t]he Supreme Court improperly denied as premature the plaintiffs’ motion for summary judgment on the issue of liability as premature. (Citations omitted) Contrary to the defendant’s contentions, the plaintiffs established their entitlement to judgment as a matter of law on the issue of liability.” Clearly, Defendants’ motion is not premature. 6. Moreover, conclusory and speculative assertions which are not supported by any evidence fail to raise issues of fact. Trzepacz v. Jara, 11 A.D.3d 531 (2d Dep’t 2004). 7. Co-Defendants profer an addifavit by Co-Defendant ALI GEORGE. Mr. GEORGE states that his vehicle was struck in the rear and propelled forward into the vehicle of Defendants herein. However, Mr. GEORGE does not dispute that the vehicle of Defendants herein was stopped ahead of his when his vehicle struck it in the rear. The facts as demonstrated by Defendants’ underlying motion are not actually in dispute by Co-Defendants ALI GEORGE and EMMANUEL MORGAN. 8. As demonstrated by the underlying motion and by Co-Defendants’ own opposition, uncontradicted sworn testimony unequivocally confirms that the INO 2 of 6 FILED: KINGS COUNTY CLERK 02/13/2023 12:43 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/13/2023 TRANSPORTATION CORP/ MARINO RIVAS vehicle was lawfully stopped when it was struck in the rear. There is no basis upon which to find the Defendants INO TRANSPORTATION CORP. AND MARINO RIVAS liable. When a vehicle is struck in the rear at the time of an accident, its driver is entitled to judgment as a matter of law and cannot be found negligent. WHEREFORE, Defendants INO TRANSPORTATION CORP. AND MARINO RIVAS respectfully request that the Court grant summary judgment, and dismiss the complaint and cross claims and any other and further relief the Court deems just and proper. Dated: Brooklyn, New York February 13, 2023 CASSELLA AND SANDUSKY Attorney(s) for the Defendant(s) INO TRANSPORTATION CORP. AND MARINO RIVAS, Office Address: 1 MetroTech Center Brooklyn, NY 11201 TEL: (866) 220-0176 Mailing Address: 5 Broadway, Suite 500 Freeport, NY 11520 TO: LAW OFFICES OF BRYAN BARENBAUM Attorney(s) for Plaintiff(s) BRITTANY STEVENS 2060 EASTERN PARKWAY BROOKLYN, NY 11207 (718) 421-1111 JAMES F. BUTLER & ASSOCIATES Attorney(s) for Co-Defendant(s) 3 of 6 FILED: KINGS COUNTY CLERK 02/13/2023 12:43 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/13/2023 RIVAS CONSTRUCTION CORP. and DAVID RIVAS LUNA PO BOX 9040 300 JERICHO QUADRANGLE SUITE 260 JERICHO, NY 11753 (516) 229-6000 SCAHILL LAW GROUP P.C. Attorney for Co-Defendant(s) EMMANUEL MORGAN and ALI GEORGE 1065 STEWART AVENUE SUITE 210 BETHPAGE, NY 11714 (516) 294-5200 4 of 6 FILED: KINGS COUNTY CLERK 02/13/2023 12:43 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BRITTANY STEVENS, Index No.: 524933/2020 Plaintiff, - against - WORD COUNT CERTIFICATION RIVAS CONSTRUCTION CORP., DAVID RIVAS LUNA, EMMANUEL MORGAN, ALI GEORGE, File No. 1079031 INO TRANSPORTATION CORP. AND MARINO RIVAS, Defendant(s). Pursuant to Uniform Rules §202.8-b, I, Rachel H. Schefen, Esq. hereby certify that this Affirmation complies with the word count limit of 7,000/4,200 words set forth therein. The total number of words in this Affirmation, exclusive of any captions, tables of contents, tables of authorities and signature blocks, is 525, pursuant to the word count in Microsoft Word, the word- processing system used to prepare the document. Dated: Brooklyn, New York February 13, 2023 CASSELLA AND SANDUSKY Attorneys for Defendants INO TRANSPORTATION CORP. AND MARINO RIVAS, Office Address: 1 MetroTech Center Brooklyn, NY 11201 TEL: (866) 220-0176 Mailing Address: 5 Broadway, Suite 500 Freeport, NY 11520 5 of 6 FILED: KINGS COUNTY CLERK 02/13/2023 12:43 PM INDEX NO. 524933/2020 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/13/2023 Index No.: 524933/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _______________________________________________________ BRITTANY STEVENS, PLAINTIFF, -against- RIVAS CONSTRUCTION CORP., DAVID RIVAS LUNA, EMMANUEL MORGAN, ALI GEORGE, INO TRANSPORTATION CORP. AND MARINO RIVAS, DEFENDANTS. _______________________________________________________ AFFIRMATION IN REPLY _______________________________________________________ CASSELLA AND SANDUSKY Office Address: 1 MetroTech Center Brooklyn, NY 11201 Mailing Address: 5 Broadway, Suite 500 Freeport, NY 11520 _______________________________________________________ Attorneys for Defendants: INO TRANSPORTATION CORP. AND MARINO RIVAS _______________________________________________________ Signed: pursuant to 22 NYRRR § 130-1.1-a _______________________________________________________ 6 of 6