On March 12, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Gloria Kirkland,
and
City Of New York,
Metropolitan Transportation Authority,
Metropolitan Transportation Authority Capital Construction Company,
Mta Bridges And Tunnels,
New York City Department Of Design And Construction,
New York City Department Of Sanitation,
New York City Department Of Transportation,
New York City Transit Authority,
for Torts - Other (slip & fall)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/04/2019
SUPREME COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
--------------------- ¬---------- x
GLORIA KIRKLAND
Plaintiff,
-against-
AFFIDAVIT
CITY OF NEW YORK, NEW YORK CITY TRANSIT
Index No.: 152189/2018
AUTHORITY, NEW YORK CITY DEPARTMENT OF
SANITATION, NEW YORK CITY DEPARTMENT OF File No.: 2018-024275
TRANSPORTATION, NEW YORK CITY
DEPARTMENT OF DESIGN AND CONSTRUCTION,
METROPOLITAN TRANSPORTATION AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY
CAPITAL CONSTRUCTION COMPANY and MTA
BRIDGES AND TUNNELS
Defendants.
-- x
STATE OF NEW YORK )
: SS.:
COUNTY OF NEW YORK )
Steven M. Mortman, being duly sworn, deposes and says the following:
1. I am currently employed as a Deputy General Counsel-OGC/Real Estate for
the New York City Department of Citywide Administrative Services ("DCAS"). I have been
employed in this position since 2002. In this capacity, my duties include handling of and
DCAS'
supervising the handling of all legal matters pertinent to real property functions as
authorized the New York to dispose acquire and manage interests in non-
by City Charter, of,
residential real property. I am familiar with records to of New York owned
pertaining City
FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/04/2019
DCAS'
properties held in records database, as well as electronic and paper copies of
property
documents and microfiche.
2. DCAS is charged with oversight of various non-residential real estate and
facilities owned by the City of New York which includes the leasing of property for City agency
use. DCAS also provides leases and licenses for private use of City-owned non-residential
property and facilities. DCAS also maintains a copy of the Master Lease (as hereinafter defined)
between the City of New York and the New York City Transit Authority ("NYCTA").
3. At the request of the Corporation Counsel, I was asked to search for and
provide a copy of the Master Lease pertaining to real property owned by the City of New York
and leased to NYCTA.
4. A copy of the most current Master Lease between the City of New York
and the NYCTA dated, June 1, 1953; Amended April 19, 1960 and March 6, 1962; Supplemented
by Agreement dated March 20, 1962; Amended and Renewed by Agreement dated October 5,
1962; Amended April 7, 1965; Amended by Agreement dated March 31, 1982; Amended April
11, 1995 (collectively hereinafter the "Master Lease") is annexed hereto.
2
FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/04/2019
5. The Master Lease was in effect on February 10, 2017, the date of the
incident underlying this action and continues in force and effect as of the present date.
Dated: New York, NY
22, 2019
Steven M. Mortman
Sworn to before me this
2 f , 2019
24Ó day
NOTARY UBI C
ALEXANDER HARRY ANSARI
Notary Public, State of New York
No. 02AN6377877
Qualified in Westchester County
Comrnission Expires July 16,2022
3
Document Filed Date
April 04, 2019
Case Filing Date
March 12, 2018
Category
Torts - Other (slip & fall)
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Preview
FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/04/2019 SUPREME COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK --------------------- ¬---------- x GLORIA KIRKLAND Plaintiff, -against- AFFIDAVIT CITY OF NEW YORK, NEW YORK CITY TRANSIT Index No.: 152189/2018 AUTHORITY, NEW YORK CITY DEPARTMENT OF SANITATION, NEW YORK CITY DEPARTMENT OF File No.: 2018-024275 TRANSPORTATION, NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION, METROPOLITAN TRANSPORTATION AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL CONSTRUCTION COMPANY and MTA BRIDGES AND TUNNELS Defendants. -- x STATE OF NEW YORK ) : SS.: COUNTY OF NEW YORK ) Steven M. Mortman, being duly sworn, deposes and says the following: 1. I am currently employed as a Deputy General Counsel-OGC/Real Estate for the New York City Department of Citywide Administrative Services ("DCAS"). I have been employed in this position since 2002. In this capacity, my duties include handling of and DCAS' supervising the handling of all legal matters pertinent to real property functions as authorized the New York to dispose acquire and manage interests in non- by City Charter, of, residential real property. I am familiar with records to of New York owned pertaining City FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/04/2019 DCAS' properties held in records database, as well as electronic and paper copies of property documents and microfiche. 2. DCAS is charged with oversight of various non-residential real estate and facilities owned by the City of New York which includes the leasing of property for City agency use. DCAS also provides leases and licenses for private use of City-owned non-residential property and facilities. DCAS also maintains a copy of the Master Lease (as hereinafter defined) between the City of New York and the New York City Transit Authority ("NYCTA"). 3. At the request of the Corporation Counsel, I was asked to search for and provide a copy of the Master Lease pertaining to real property owned by the City of New York and leased to NYCTA. 4. A copy of the most current Master Lease between the City of New York and the NYCTA dated, June 1, 1953; Amended April 19, 1960 and March 6, 1962; Supplemented by Agreement dated March 20, 1962; Amended and Renewed by Agreement dated October 5, 1962; Amended April 7, 1965; Amended by Agreement dated March 31, 1982; Amended April 11, 1995 (collectively hereinafter the "Master Lease") is annexed hereto. 2 FILED: NEW YORK COUNTY CLERK 04/04/2019 12:27 PM INDEX NO. 152189/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 04/04/2019 5. The Master Lease was in effect on February 10, 2017, the date of the incident underlying this action and continues in force and effect as of the present date. Dated: New York, NY 22, 2019 Steven M. Mortman Sworn to before me this 2 f , 2019 24Ó day NOTARY UBI C ALEXANDER HARRY ANSARI Notary Public, State of New York No. 02AN6377877 Qualified in Westchester County Comrnission Expires July 16,2022 3