Preview
INDEX NO. 701269/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
panne nnn n nn nnn nn enna nnn nnn Index: 701269/2021E
SOWKA BARCACEL,
Plaintiff, NOTICE OF MOTION FOR
-against- SUMMARY JUDGMENT
FREITAS MARCOS,
Defendant. File No: 1086133
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PLEASE TAKE NOTICE that upon the annexed Affirmation of HELEN VECCHIONE,
ESQ., dated March 4, 2022, Affirmations of Dr. WILLIAM WALSH, M.D., dated November 19,
2021, Affirmation of Dr. SCOTT A. SPRINGER, D.O., D.A.B.R., dated February 4, 2022, the
Exhibits annexed hereto, and all prior pleadings and proceedings in the above matter, the
undersigned will move this this Court before the Honorable Mojgan C. Lancman, in Courtroom 45 at
the Courthouse located at 88-11 Sutphin Boulevard, Jamaica, New York 11435 on Monday, April 4,
2022 at 9:30 a.m. of that day or as soon thereafter as counsel can be heard for an Order pursuant to
CPLR 3212 granting Defendant summary judgment and dismissing the Complaint of Plaintiff, or any
part thereof, on the grounds that there are no triable issues of fact, in that the Plaintiff cannot meet
the serious injury threshold requirements as mandated by Insurance Law Sections 5104(a) and
5102(d); and granting such other further relief as the Court deems just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), the answering
affidavits, if any, must be served at least seven (7) days before the return date of this motion; twelve
days prior, if served via regular mail, as per CPLR 2103(b)(2).
Dated: March 4, 2022
Kebor Veeckeone
By: Helen Vecchione, Esq.
hvecchione @atrms.com
Of Counsel to
BAKER, McEVOY,
& MOSKOVITS, P.C.
Attorneys for Defendant
1 MetroTech Center
Brooklyn, NY 11201
1 of 3
INDEX NO. 701269/2021
FILED: QUEENS COUNTY CLERK 03707/2022 05:13 PM
NYSCEF DOC. NO. 14 RECEIVED NYSCEF 03/07/2022
(212) 857-8230
TO GREENSTEIN & MILBAUER, LLP
1826 PARK AVENUE, 9™ FL
NEW YORK, NY 10035-1641
(212) 685-8500
2 of 3
INDEX NO. 701269/2021
FILED: QUEENS COUNTY CLERK 03707/2022 05:13 PM
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
panne nnn n nn nnn nn enna nnn nnn Index: 701269/2021E
SOWKA BARCACEL,
Plaintiff, NOTICE OF MOTION FOR
-against- SUMMARY JUDGMENT
FREITAS MARCOS,
Defendant. File No: 1086133
panne nn nn nn nnn nnn nnn nnn
Baker, McEvoy & Moskovits, PC
1 MetroTech Center
Brooklyn, NY 11201
212-857-8230
Signed: pursuant to 22 NYRRR § 130-1.1-a
Nelan Veocheone
HELEN VECCHIONE, ESQ.
Of Counsel for Defendants
3 of 3
Preview
INDEX NO. 701269/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS panne nnn n nn nnn nn enna nnn nnn Index: 701269/2021E SOWKA BARCACEL, Plaintiff, NOTICE OF MOTION FOR -against- SUMMARY JUDGMENT FREITAS MARCOS, Defendant. File No: 1086133 panne nn nn nn nnn nnn nnn nnn PLEASE TAKE NOTICE that upon the annexed Affirmation of HELEN VECCHIONE, ESQ., dated March 4, 2022, Affirmations of Dr. WILLIAM WALSH, M.D., dated November 19, 2021, Affirmation of Dr. SCOTT A. SPRINGER, D.O., D.A.B.R., dated February 4, 2022, the Exhibits annexed hereto, and all prior pleadings and proceedings in the above matter, the undersigned will move this this Court before the Honorable Mojgan C. Lancman, in Courtroom 45 at the Courthouse located at 88-11 Sutphin Boulevard, Jamaica, New York 11435 on Monday, April 4, 2022 at 9:30 a.m. of that day or as soon thereafter as counsel can be heard for an Order pursuant to CPLR 3212 granting Defendant summary judgment and dismissing the Complaint of Plaintiff, or any part thereof, on the grounds that there are no triable issues of fact, in that the Plaintiff cannot meet the serious injury threshold requirements as mandated by Insurance Law Sections 5104(a) and 5102(d); and granting such other further relief as the Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), the answering affidavits, if any, must be served at least seven (7) days before the return date of this motion; twelve days prior, if served via regular mail, as per CPLR 2103(b)(2). Dated: March 4, 2022 Kebor Veeckeone By: Helen Vecchione, Esq. hvecchione @atrms.com Of Counsel to BAKER, McEVOY, & MOSKOVITS, P.C. Attorneys for Defendant 1 MetroTech Center Brooklyn, NY 11201 1 of 3 INDEX NO. 701269/2021 FILED: QUEENS COUNTY CLERK 03707/2022 05:13 PM NYSCEF DOC. NO. 14 RECEIVED NYSCEF 03/07/2022 (212) 857-8230 TO GREENSTEIN & MILBAUER, LLP 1826 PARK AVENUE, 9™ FL NEW YORK, NY 10035-1641 (212) 685-8500 2 of 3 INDEX NO. 701269/2021 FILED: QUEENS COUNTY CLERK 03707/2022 05:13 PM NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS panne nnn n nn nnn nn enna nnn nnn Index: 701269/2021E SOWKA BARCACEL, Plaintiff, NOTICE OF MOTION FOR -against- SUMMARY JUDGMENT FREITAS MARCOS, Defendant. File No: 1086133 panne nn nn nn nnn nnn nnn nnn Baker, McEvoy & Moskovits, PC 1 MetroTech Center Brooklyn, NY 11201 212-857-8230 Signed: pursuant to 22 NYRRR § 130-1.1-a Nelan Veocheone HELEN VECCHIONE, ESQ. Of Counsel for Defendants 3 of 3