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INDEX NO. 521454/2016
RECEIVED NYSCEF: 12/02/2016
NYSGEF DOC. NO. 1
SUPREME COURT OF THE STATE OF NEW YORK NOT ASSIGNED TO
COUNTY OF KINGS APART OR JUDGE
~ ae x
IN THE MATTER OF THE APPLICATION OF SAFETY
INSURANCE COMPANY a/s/o DAMASUS DEFREITAS,
FOR LEAVE TO FILE A LATE NOTICE OF CLAIM,
Petitioner, NOTICE OF PETITION
- against - —
Index #:
NEW YORK CITY TRANSIT AUTHORITY,
Respondent.
COUNSELORS:
PLEASE TAKE NOTICE, that upon the annexed affirmation of Oisin Lambe, dated
December 2, 2016, and upon all the pleadings and proceedings heretofore had herein, the
undersigned will move in the Motion Submission Part, of the Supreme Courthouse located at 360
Adams St, Brooklyn, NY 11201 on March 2, 2017 at 9:30 a.m. in the forenoon of that day, or as
soon thereafter as counsel can be heard, for an Order granting leave to file a late Notice of Claim,
and containing such other and further relief as to the Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b) and CPLR
§2215, answering affidavits AND cross-motions, if any, are required to be served upon the
undersigned at least 10 days before the return date of this motion if service is by regular mail, or
at least 8 days before its return date if service is by overnight mail.
Dated: New York, New York
December 2, 2016
Yours, etc.,
MOLOD, ae AP SINTS, PC.
By: E
Oisin Lambe
Attorneys for Petitioner
1430 Broadway, 21 Floor
New York, NY 10018
Tel #: (212) 869-3200
File #: SA167
MOLOD SPITZ & DESANTIS, P.C.
lof 5To:
NEW YORK CITY TRANSIT AUTHORITY
RESPONDENT
130 Livingston Street
Brooklyn, NY 11201
MOLop Spitz & DESANTIS, P.C.
20f 5SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
IN THE MATTER OF THE APPLICATION OF SAFETY
INSURANCE COMPANY a/s/o DAMASUS DEFREITAS,
FOR LEAVE TO FILE A LATE NOTICE OF CLAIM,
Petitioner,
VERIFIED PETITION
- against -
Index #:
NEW YORK CITY TRANSIT AUTHORITY,
Respondent.
eee neem nnm ee enn nnn ennmnneneeneennennnnennmannnenne X
Oisin Lambe, an attorney admitted to practice in the Courts of the State of New York,
affirms the following under all the penalties of perjury:
1. Your affirmant is associated with Molod, Spitz and DeSantis, P.C., attorneys for
the Petitioner and is fully familiar with all the facts hereinafter set forth.
2. This Affirmation is made in support of the Petitioner’s motion for an Order
permitting the filing of a Late Notice of Claim Nunc Pro Tunc.
3. The proposed Notice of Claim is annexed hereto as Exhibit ‘A’.
4, This is an action for property damage occurring on or about September 5, 2015, as a
result of a two-vehicle collision which occurred solely as result of the negligence of the
respondent’s employee.
5. The respondent’s vehicle, bearing the license plate AU1182, improperly failed to
yield the right of way while reentering a lane of travel having pulled over to the sidewalk and
stopped to allow passengers to embark/disembark at a bus stop on Flatbush Avenue near its
intersection with Parkside Avenue, in Brooklyn, New York.
MOLOb Spitz & DESANTIS, P.C.
30f 56. The Petitioner mistakenly believed that the proper party in this action was the
Metropolitan Transit Authority. This belief was reasonable given the prominent display of that
entities name and logo on the defendant’s vehicle, including on the license plate. See
photographs annexed hereto as Exhibit ‘B’.
6. Upon review by our office, it was discovered that the proper party is in fact the
respondent, New York City Transit Authority.
7. The time within which to have filed the Notice of Claim expired on December 4,
2015, and this application is being made as timely as possible. It is respectfully submitted that
there is no prejudice to the respondents as they had ample opportunity to investigate this matter.
Upon information and belief, the individual operating the bus bearing license plate number
AU1182 on Flatbush Avenue at approximately 2:00 p.m. on September 5, 2015, is known to the
respondent. Upon information and belief, that individual remains in the employ of the
respondent.
8. That individual attempted to flee the accident scene. That individual further
refused to exchange or provide any information as required by the operator of a vehicle involved
in an accident pursuant to Vehicle & Traffic Law §600.
9. Failure to grant the within petition would encourage and reward such violations of
the law and act contrary to public policy.
10. Petitioner has demonstrated in accordance with General Municipal Law §50-e(5),
that there is a meritorious cause of action, that a reasonable mistake was made as to the identity
of the responsible entity, and that no prejudice has arisen to the respondent who had and has
ample opportunity to investigate this matter.
MOLObD Spitz & DESANTIS, P.C.
40f 5WHEREFORE, petitioner respectfully requested an Order granting it leave to file a late
Notice of Claim; and such other and further relief as may be just and proper.
Dated: New York, New York
December 2, 2016
“Oisin Lambe
MOLOD SPITZ & DESANTIS, P.C.
5 of 5
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INDEX NO. 521454/2016 RECEIVED NYSCEF: 12/02/2016 NYSGEF DOC. NO. 1 SUPREME COURT OF THE STATE OF NEW YORK NOT ASSIGNED TO COUNTY OF KINGS APART OR JUDGE ~ ae x IN THE MATTER OF THE APPLICATION OF SAFETY INSURANCE COMPANY a/s/o DAMASUS DEFREITAS, FOR LEAVE TO FILE A LATE NOTICE OF CLAIM, Petitioner, NOTICE OF PETITION - against - — Index #: NEW YORK CITY TRANSIT AUTHORITY, Respondent. COUNSELORS: PLEASE TAKE NOTICE, that upon the annexed affirmation of Oisin Lambe, dated December 2, 2016, and upon all the pleadings and proceedings heretofore had herein, the undersigned will move in the Motion Submission Part, of the Supreme Courthouse located at 360 Adams St, Brooklyn, NY 11201 on March 2, 2017 at 9:30 a.m. in the forenoon of that day, or as soon thereafter as counsel can be heard, for an Order granting leave to file a late Notice of Claim, and containing such other and further relief as to the Court may deem just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b) and CPLR §2215, answering affidavits AND cross-motions, if any, are required to be served upon the undersigned at least 10 days before the return date of this motion if service is by regular mail, or at least 8 days before its return date if service is by overnight mail. Dated: New York, New York December 2, 2016 Yours, etc., MOLOD, ae AP SINTS, PC. By: E Oisin Lambe Attorneys for Petitioner 1430 Broadway, 21 Floor New York, NY 10018 Tel #: (212) 869-3200 File #: SA167 MOLOD SPITZ & DESANTIS, P.C. lof 5To: NEW YORK CITY TRANSIT AUTHORITY RESPONDENT 130 Livingston Street Brooklyn, NY 11201 MOLop Spitz & DESANTIS, P.C. 20f 5SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN THE MATTER OF THE APPLICATION OF SAFETY INSURANCE COMPANY a/s/o DAMASUS DEFREITAS, FOR LEAVE TO FILE A LATE NOTICE OF CLAIM, Petitioner, VERIFIED PETITION - against - Index #: NEW YORK CITY TRANSIT AUTHORITY, Respondent. eee neem nnm ee enn nnn ennmnneneeneennennnnennmannnenne X Oisin Lambe, an attorney admitted to practice in the Courts of the State of New York, affirms the following under all the penalties of perjury: 1. Your affirmant is associated with Molod, Spitz and DeSantis, P.C., attorneys for the Petitioner and is fully familiar with all the facts hereinafter set forth. 2. This Affirmation is made in support of the Petitioner’s motion for an Order permitting the filing of a Late Notice of Claim Nunc Pro Tunc. 3. The proposed Notice of Claim is annexed hereto as Exhibit ‘A’. 4, This is an action for property damage occurring on or about September 5, 2015, as a result of a two-vehicle collision which occurred solely as result of the negligence of the respondent’s employee. 5. The respondent’s vehicle, bearing the license plate AU1182, improperly failed to yield the right of way while reentering a lane of travel having pulled over to the sidewalk and stopped to allow passengers to embark/disembark at a bus stop on Flatbush Avenue near its intersection with Parkside Avenue, in Brooklyn, New York. MOLOb Spitz & DESANTIS, P.C. 30f 56. The Petitioner mistakenly believed that the proper party in this action was the Metropolitan Transit Authority. This belief was reasonable given the prominent display of that entities name and logo on the defendant’s vehicle, including on the license plate. See photographs annexed hereto as Exhibit ‘B’. 6. Upon review by our office, it was discovered that the proper party is in fact the respondent, New York City Transit Authority. 7. The time within which to have filed the Notice of Claim expired on December 4, 2015, and this application is being made as timely as possible. It is respectfully submitted that there is no prejudice to the respondents as they had ample opportunity to investigate this matter. Upon information and belief, the individual operating the bus bearing license plate number AU1182 on Flatbush Avenue at approximately 2:00 p.m. on September 5, 2015, is known to the respondent. Upon information and belief, that individual remains in the employ of the respondent. 8. That individual attempted to flee the accident scene. That individual further refused to exchange or provide any information as required by the operator of a vehicle involved in an accident pursuant to Vehicle & Traffic Law §600. 9. Failure to grant the within petition would encourage and reward such violations of the law and act contrary to public policy. 10. Petitioner has demonstrated in accordance with General Municipal Law §50-e(5), that there is a meritorious cause of action, that a reasonable mistake was made as to the identity of the responsible entity, and that no prejudice has arisen to the respondent who had and has ample opportunity to investigate this matter. MOLObD Spitz & DESANTIS, P.C. 40f 5WHEREFORE, petitioner respectfully requested an Order granting it leave to file a late Notice of Claim; and such other and further relief as may be just and proper. Dated: New York, New York December 2, 2016 “Oisin Lambe MOLOD SPITZ & DESANTIS, P.C. 5 of 5