On August 26, 2021 a
ORDER TO SHOW CAUSE - CONFORMED COPY
was filed
involving a dispute between
Silas Ajawuihe,
and
Carmen Mathe,
Jane Mathe
The First Name Being Fictitious,
Lawrence Mathe,
for Torts - Other (Dog Attack)
in the District Court of Richmond County.
Preview
FILED: RICHMOND COUNTY CLERK 04/06/2023 09:03 AM INDEX NO. 151617/2021
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 102
101 RECEIVED NYSCEF:
RECEIVED NYSCEF: 04/05/2023
04/06/2023
At an IAS Part.|#._ of the Supreme Court
of the State of New York to be held in for
the County of Richmond at the Courthouse
located at 26 Central Staten
Avenue,
Island, New York on the f day of
| , 2023.
/ty
P R E S E N T: RALPH J. PORZIO
J.S.C.
SILAS AJAWUIHE, INDEx No.:151617/21
Plaintif(s), ORDER TO SHOW CA.USE
- against -
LAWRENCE MATHE and CARMEN MATHE,
Defendant(s).
Upon reading and filing the Affirmation of John a partner of the law firm of
Riso,
BORRELL & RISO, LL.P., attorneys for Defendants, LAWRENCE MATHE and CARMEN
MATHE, and the exhibits annexed, let the Plaintiff, SILAS AJAWUIHE, or his representatives,
gN-he.teed
show cause at IAS Part before this Court, before Justice Ralph at the courthouse
Porzio,
located at 26 Central Avenue, Staten Island, New York, on ú , 2023, at
2o
o m.or as soon thereafter as counsel can be heard an Order should not be entered as
why
follows:
1. An Order pursuant to CPLR§ 4404 and CPLR 2221to renew and reargue, setting
aside the verdict rendered in this action and the Clerk of this Court to enter Judgment in
directing
favor of Defendants dismissing Plaintiff's action on the grounds of (a) newly discovered evidence
that Plaintiff gave information to his Worker's Compensation carrier which contradicts his trial
Defendants'
testimony regarding harboring of the subject dog; (b) the Trial Court overlooking or
Defendants'
misinterpreting relevant case law regarding dog bite liability in denying requestfor a
directed verdict for Plaintiff's failure to make out a prima facie case and judgment
(c)
notwithstanding the jury at trial based on the weight of the and it is
evidence;
O ERED th the trial o amages s heduled fo ril 17,2023 is bystayed di
fu r Court.
is nd it is er
Order,
f· 'J3
11 mof
FILED: RICHMOND COUNTY CLERK 04/06/2023 09:03 AM INDEX NO. 151617/2021
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 102
101 RECEIVED NYSCEF:
RECEIVED NYSCEF: 04/05/2023
04/06/2023
ORDERED that the Court grant such other and further relief as this Court deems just,
proper and equitable.
Let service of a copy of this Order, together with copies of the ers upon which it was
made, upon PILLINGER MILLER TARALLO, LLP., by overnight delivery, on or before the
day of Ap´ Î . 2019, be deemed good and sufficient service.
E N T E R
J.S.C. ()
Hon. Ralph J. Porzio
J.S.C.
2
2 of 3
FILED: RICHMOND COUNTY CLERK 04/06/2023 09:03 AM INDEX NO. 151617/2021
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 04/06/2023
SUPREME
COURT
RICHMOND 151617 2021
STATE OF NEW YORK, COUNTY OF Index No. Year
SIIAS AJAWUIHE,
Plaintiff,
-against-
"JANE"
LAWRENCE MATHE and MATHE, the first name being fictitious
Defendants.
FFUKl' '
UKUEK 1U 511U W UAUME, AriflK1VlifluN IN SU
Borrell & Riso, L.L.P.
Attorneys and Counselors at Law
Attorney(s)for
OQEce and Post Ofice Address, Telephone
1500 Hylan Boulevard
Staten Island, New York 10305
(718) 667-8600
Signature (Rule 130-1.1-a)
Printnamebeneath
Service of a copy of the within is hereby admitted.
Attorney(s) for
PLEASE TAKE NOTICE:
O NOTICE OF ENTRY
that the within is a (certified) true copy of a
duly entered in the office of the clerk of the within named court on
O NOTICE OF SETTLEMENT
that an order of which the within is a true copy
will be presented for settlement to the HON. one of the judges of the
within named Court, at
on at M.
Dated,
3 Yours,
of 3 etc.
Document Filed Date
April 06, 2023
Case Filing Date
August 26, 2021
Category
Torts - Other (Dog Attack)
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FILED: RICHMOND COUNTY CLERK 04/06/2023 09:03 AM INDEX NO. 151617/2021 NYSCEF NYSCEF DOC. DOC. NO. NO. 102 101 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/05/2023 04/06/2023 At an IAS Part.|#._ of the Supreme Court of the State of New York to be held in for the County of Richmond at the Courthouse located at 26 Central Staten Avenue, Island, New York on the f day of | , 2023. /ty P R E S E N T: RALPH J. PORZIO J.S.C. SILAS AJAWUIHE, INDEx No.:151617/21 Plaintif(s), ORDER TO SHOW CA.USE - against - LAWRENCE MATHE and CARMEN MATHE, Defendant(s). Upon reading and filing the Affirmation of John a partner of the law firm of Riso, BORRELL & RISO, LL.P., attorneys for Defendants, LAWRENCE MATHE and CARMEN MATHE, and the exhibits annexed, let the Plaintiff, SILAS AJAWUIHE, or his representatives, gN-he.teed show cause at IAS Part before this Court, before Justice Ralph at the courthouse Porzio, located at 26 Central Avenue, Staten Island, New York, on ú , 2023, at 2o o m.or as soon thereafter as counsel can be heard an Order should not be entered as why follows: 1. An Order pursuant to CPLR§ 4404 and CPLR 2221to renew and reargue, setting aside the verdict rendered in this action and the Clerk of this Court to enter Judgment in directing favor of Defendants dismissing Plaintiff's action on the grounds of (a) newly discovered evidence that Plaintiff gave information to his Worker's Compensation carrier which contradicts his trial Defendants' testimony regarding harboring of the subject dog; (b) the Trial Court overlooking or Defendants' misinterpreting relevant case law regarding dog bite liability in denying requestfor a directed verdict for Plaintiff's failure to make out a prima facie case and judgment (c) notwithstanding the jury at trial based on the weight of the and it is evidence; O ERED th the trial o amages s heduled fo ril 17,2023 is bystayed di fu r Court. is nd it is er Order, f· 'J3 11 mof FILED: RICHMOND COUNTY CLERK 04/06/2023 09:03 AM INDEX NO. 151617/2021 NYSCEF NYSCEF DOC. DOC. NO. NO. 102 101 RECEIVED NYSCEF: RECEIVED NYSCEF: 04/05/2023 04/06/2023 ORDERED that the Court grant such other and further relief as this Court deems just, proper and equitable. Let service of a copy of this Order, together with copies of the ers upon which it was made, upon PILLINGER MILLER TARALLO, LLP., by overnight delivery, on or before the day of Ap´ Î . 2019, be deemed good and sufficient service. E N T E R J.S.C. () Hon. Ralph J. Porzio J.S.C. 2 2 of 3 FILED: RICHMOND COUNTY CLERK 04/06/2023 09:03 AM INDEX NO. 151617/2021 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 04/06/2023 SUPREME COURT RICHMOND 151617 2021 STATE OF NEW YORK, COUNTY OF Index No. Year SIIAS AJAWUIHE, Plaintiff, -against- "JANE" LAWRENCE MATHE and MATHE, the first name being fictitious Defendants. FFUKl' ' UKUEK 1U 511U W UAUME, AriflK1VlifluN IN SU Borrell & Riso, L.L.P. Attorneys and Counselors at Law Attorney(s)for OQEce and Post Ofice Address, Telephone 1500 Hylan Boulevard Staten Island, New York 10305 (718) 667-8600 Signature (Rule 130-1.1-a) Printnamebeneath Service of a copy of the within is hereby admitted. Attorney(s) for PLEASE TAKE NOTICE: O NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on O NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named Court, at on at M. Dated, 3 Yours, of 3 etc.