On January 10, 2017 a
Motion-Secondary
was filed
involving a dispute between
John H. Gutierrez,
and
Frederick V. Trapp,
Gojart Agoli,
Nertila Guze,
for Torts - Motor Vehicle
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/02/2019 02:39 PM INDEX NO. 150266/2017
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.:150266/2017
---------------------------------------------------------------------X
JOHN H. GUTIERREZ, REPLY AFFIRMATION
Plaintiff,
-against-
FREDERICK V. TRAPP, GOJART AGOLI and NERTILA
GUZE,
Defendants.
-------------------------------------------------------- X
Olga Siamionava-Muzio, an attorney duly licensed to practice law before the Courts of
the State of New York, affirms the following under penalty of perjury:
1. That I am an associate of SCHWARTZAPFEL LAWYERS P.C., the attorneys for
the plaintiff herein, and I am familiar with the facts and circumstances of this action. This
affirmation is made upon information and belief, your affirmant's source of knowledge being the
filein this matter maintained by the attorneys for the above-mentioned plaintiff.
2. This affirmation is submitted in reply to defendant, FREDERICK V. TRAPP's
Affirmation in Opposition dated December 26, 2018 and in further support of plaintiff's motion
for summary judgment.
3. At the outset, defendant TRAPP does not oppose plaintiff's motion for summary
judgment on liability.Given that plaintiff has made a prima facie showing that by rear-ending
defendant AGOLI's vehicle and propelling itinto the rear of plaintiff's car defendant TRAPP is
responsible for the and since defendant TRAPP failed to come with a non-
fully collision, up
negligent explanation for the crash, summary judgment on liability should be granted to plaintiff.
4. Defendant TRAPP only opposes plaintiff's application for an immediate trial on
1 of 4
FILED: NEW YORK COUNTY CLERK 01/02/2019 02:39 PM INDEX NO. 150266/2017
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/02/2019
damages due to outstanding physical examinations. Plaintiff does not oppose defendant's
application and agrees to appear for properly and timely noticed physical examinations, provided
that defendant designates a physician by January 18, 2019 and that the examination takes place
without 45 days from designation (as per prior agreement with our office). Upon completion of
such examination, plaintiff will filethe Note of Issue and request that the case be placed on the
trial calendar.
WHEREFORE, itis respectfully requested that this court grant plaintiff's summary
judgment on liability as against the defendants, both owner and operator, together with such
other and further relief as to this Court may deem just and proper.
Dated: Garden City, New York
January 2, 2019
Olga Siamionava-Muzio, Esq.
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FILED: NEW YORK COUNTY CLERK 01/02/2019 02:39 PM INDEX NO. 150266/2017
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/02/2019
AFFIDAVIT OF SERVICE
STATE OF NEW YORK }
}ss:
COUNTY OF NASSAU }
Our File # 1801184
Sara Harris, being duly sworn deposes and says that (s)he is not a party to this action,
(s)he is over the age of eighteen and that (s)he resides in Nassau, New York and that on January
2, 2019, (s)he served the within REPLY AFFIRMATION on:
Abrams, Gorelick, Friedman & Jacobson, P.C.
Attorney for Defendant
Frederick V. Trapp
1 Battery Park Plaza
4th Floor
New York, NY 10004
(212) 422-1200
McMahon, Martine, and Gallagher, LLP
Attorney for Defendants
Gojart Agoli
Nertila Guze
55 Washington Street
Suite 720
Brooklyn, NY 11201
(212) 747-1230
the address designated by said attorney(s) for that purpose by depositing a true copy of same
enclosed in a postpaid properly addressed wrapper, in a post office or official depository under
the exclusive care and custody of the United States Postal Service with New York State.
30WAN OLAAA
Sara Harris
Sworn to before me this
2nd day of January, 2019
TASHANDAAMATTHEWS
ÎM 3588 6
NOTARY PUBLIC 02f
c esAp
3 of 4
FILED: NEW YORK COUNTY CLERK 01/02/2019 02:39 PM INDEX NO. 150266/2017
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/02/2019
Index No. 150266/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOHN H. GUTIERREZ,
Plaintiff,
-against-
FREDERICK V. TRAPP, GOJART AGOLI and NERTILA GUZE,
Defendants.
REPLY AFFIRMATION
SCHWARTZAPFEL LAWYERS P.C.
Attorneys for Plaintiff
600 Old Country Road
Garden City, NY 11530
(516) 342-2200
Dated: January 2, 2019
SCHWARTZAPFEL LAWYERS P.C.
Attorneys for Plaintiff
600 Old Country Road
Garden City, NY 11530
4 of 4
Document Filed Date
January 02, 2019
Case Filing Date
January 10, 2017
Category
Torts - Motor Vehicle
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FILED: NEW YORK COUNTY CLERK 01/02/2019 02:39 PM INDEX NO. 150266/2017 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.:150266/2017 ---------------------------------------------------------------------X JOHN H. GUTIERREZ, REPLY AFFIRMATION Plaintiff, -against- FREDERICK V. TRAPP, GOJART AGOLI and NERTILA GUZE, Defendants. -------------------------------------------------------- X Olga Siamionava-Muzio, an attorney duly licensed to practice law before the Courts of the State of New York, affirms the following under penalty of perjury: 1. That I am an associate of SCHWARTZAPFEL LAWYERS P.C., the attorneys for the plaintiff herein, and I am familiar with the facts and circumstances of this action. This affirmation is made upon information and belief, your affirmant's source of knowledge being the filein this matter maintained by the attorneys for the above-mentioned plaintiff. 2. This affirmation is submitted in reply to defendant, FREDERICK V. TRAPP's Affirmation in Opposition dated December 26, 2018 and in further support of plaintiff's motion for summary judgment. 3. At the outset, defendant TRAPP does not oppose plaintiff's motion for summary judgment on liability.Given that plaintiff has made a prima facie showing that by rear-ending defendant AGOLI's vehicle and propelling itinto the rear of plaintiff's car defendant TRAPP is responsible for the and since defendant TRAPP failed to come with a non- fully collision, up negligent explanation for the crash, summary judgment on liability should be granted to plaintiff. 4. Defendant TRAPP only opposes plaintiff's application for an immediate trial on 1 of 4 FILED: NEW YORK COUNTY CLERK 01/02/2019 02:39 PM INDEX NO. 150266/2017 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/02/2019 damages due to outstanding physical examinations. Plaintiff does not oppose defendant's application and agrees to appear for properly and timely noticed physical examinations, provided that defendant designates a physician by January 18, 2019 and that the examination takes place without 45 days from designation (as per prior agreement with our office). Upon completion of such examination, plaintiff will filethe Note of Issue and request that the case be placed on the trial calendar. WHEREFORE, itis respectfully requested that this court grant plaintiff's summary judgment on liability as against the defendants, both owner and operator, together with such other and further relief as to this Court may deem just and proper. Dated: Garden City, New York January 2, 2019 Olga Siamionava-Muzio, Esq. 2 of 4 FILED: NEW YORK COUNTY CLERK 01/02/2019 02:39 PM INDEX NO. 150266/2017 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/02/2019 AFFIDAVIT OF SERVICE STATE OF NEW YORK } }ss: COUNTY OF NASSAU } Our File # 1801184 Sara Harris, being duly sworn deposes and says that (s)he is not a party to this action, (s)he is over the age of eighteen and that (s)he resides in Nassau, New York and that on January 2, 2019, (s)he served the within REPLY AFFIRMATION on: Abrams, Gorelick, Friedman & Jacobson, P.C. Attorney for Defendant Frederick V. Trapp 1 Battery Park Plaza 4th Floor New York, NY 10004 (212) 422-1200 McMahon, Martine, and Gallagher, LLP Attorney for Defendants Gojart Agoli Nertila Guze 55 Washington Street Suite 720 Brooklyn, NY 11201 (212) 747-1230 the address designated by said attorney(s) for that purpose by depositing a true copy of same enclosed in a postpaid properly addressed wrapper, in a post office or official depository under the exclusive care and custody of the United States Postal Service with New York State. 30WAN OLAAA Sara Harris Sworn to before me this 2nd day of January, 2019 TASHANDAAMATTHEWS ÎM 3588 6 NOTARY PUBLIC 02f c esAp 3 of 4 FILED: NEW YORK COUNTY CLERK 01/02/2019 02:39 PM INDEX NO. 150266/2017 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 01/02/2019 Index No. 150266/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOHN H. GUTIERREZ, Plaintiff, -against- FREDERICK V. TRAPP, GOJART AGOLI and NERTILA GUZE, Defendants. REPLY AFFIRMATION SCHWARTZAPFEL LAWYERS P.C. Attorneys for Plaintiff 600 Old Country Road Garden City, NY 11530 (516) 342-2200 Dated: January 2, 2019 SCHWARTZAPFEL LAWYERS P.C. Attorneys for Plaintiff 600 Old Country Road Garden City, NY 11530 4 of 4