Preview
FILED: NEW YORK COUNTY CLERK 11/13/2023 12:00 PM INDEX NO. 154031/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No : 15403/2023
__--___---------------------________________________________Ç
RUBY ZAMORA,
Plaintiff,
AFFIRMATION
-against- IN OPPOSITION
RENE SANTIAGO, ZIPCAR,1NC., and
ZIPP RENTAL, INC.,
Defendants,
________________________________---____________________-_____Ç
Eric F. Popkin, being duly admitted in the State ofNew York, hereby affirms the truth of the
following pursuant to the penalties of perjury :
1. I am a member of Popkin & Popkin, attorney for the plaintiff in the above matter
and as such I am fully familiar with the facts and circumstances of this case. I make this affirmation
in opposition to the defendant Rene Santiago's motion which seeks the dismissal of the plaintiffs
case. The basis of my opposition is that Mr. Santiago has not, by admissible means, demonstrated
the lack of personal jurisdiction. The burden has not been shifted and the motion should be denied.
Additionally, counsel has failed to demonstrate that they are Mr. Santiago's attorney or that they
have the authority to act on his behalf. As a result, the motion is a nullity and must be denied.
2. This is an action fro personal injury arising out of a single car accident on October
29, 2021. The car was owned by Zipcar, Inc., and/or Zipp Rental, Inc., and driven by Rene Santiago.
As a result of the accident, the plaintiff, Ruby Zamora sustained serious injury including but not
limited to scarring and a fracture. Within the time allowed, and index number was purchased, the
"A"
Summons and Verified Complaint were filed and served. Annexed hereto as Exhibit is a copy
of the plaintiff's Summons and Verified Complaint. Thereafter, an answer was interposed by the
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FILED: NEW YORK COUNTY CLERK 11/13/2023 12:00 PM INDEX NO. 154031/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/13/2023
defendant Zipcar, Inc. and issue was joined. Defendant-movant Santiago, has not interposed an
answered and as a result, the affirmative defense of lack of jurisdiction was not raised..
3. The basis of this motion is an unsubstantiated claim, that Mr. Santiago was not
properly served. Mr. Santiago has not submitted an affidavit in support of this motion and he has
not claimed that he was not served. The motion lacks an affidavit from anyone with first hand
knowledge of the issues currently before the Court. The absence of an affidavit from Mr. Santiago
or anyone with firsthand knowledge, dooms the motion. The burden has not been shifted and the
motion should be denied.
4. The motion relies on the affirmation of Mr. Aronowitz. Unfortunately, Mr.
Aronowitz, lacks firsthand knowledge on the issue of service. The Aronowitz affirmation is
defective as it lacks personal knowledge and it therefore cannot be relied on by the Court. As a
result, the burden has not been shifted and the motion should be denied.
5. Even if the Court were to feel that the burden had been shifted, which we feel the
Court should not do, the motion should still be denied. Mr. Aronowitz is with the firm of Pillinger,
Miller Tarallo, LLP. The firm, claims to represent Mr. Santiago for the limited purposes of this
motion. However, Mr. Santiago does not claim to be represented by anyone. The Aronowitz
Affirmation lacks any supporting documentation and as a result it fails to establish the existence of
the lawyer-client relationship
6. Counsel has not establish representation and absent a relationship, counsel lacks the
authority to move on Mr. Santiago's behalf. As a result, the motion must be denied.
7. The flaws, the absence of an affidavit by an individual with knowledge and proof
of a relationship are fatal. The multiple failures of the moving papers cannot be cured in the reply.
As a result the motion must be denied.
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FILED: NEW YORK COUNTY CLERK 11/13/2023 12:00 PM INDEX NO. 154031/2023
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WHEREFORE, it is respectfully requested that the motion be denied in its entirety and for
such other, further and different relief as this Court deems just and proper.
Dated : New York, New York
November 7, 2023
Yours
POPKIN & P
Attorney for laintiff
209 WEST 97TH STREET
SUITE 7(C)
NEW YORK, NY., 10025
To : PILLINGER MILLER TARALLO, LLP
Attorneys for Defendant Zipcar, Inc.
555 TAXTER ROAD
5"
FLOOR
ELMSFORD, NY., 10523
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FILED: NEW YORK COUNTY CLERK 11/13/2023 12:00 PM INDEX NO. 154031/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/13/2023
AFFIRMATION OF SERVICE
ERIC F. POPKIN, ESQ., being duly admitted in the State of New York, hereby affirms
the truth of the following pursuant to the penalties of perjury:
Your affirmant is the attorney for the plaintiffs and as such is fully familiar with the facts
and circumstances of this matter.
That on November 7, 2023 your affirmant served the within Affirmation in Opposition
upon :
PILLINGER MILLER TARALLO, LLP
555 TAXTER ROAD
5"
FLOOR
ELMSFORD, NY., 10523
By mailing at the above address (es) designated by said attorney (s) for that purpose by
depositing a true copy of same, enclosed in a postpaid, properly addressed wrapper in an official
depository under the exclusive control of the United States Postal Service within the State of
New York.
Dated : New York, New York
November 7, 2023
_____________ - ___________
U. F. PKIN, ESQ
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FILED: NEW YORK COUNTY CLERK 11/13/2023 12:00 PM INDEX NO. 154031/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/13/2023
STATEMENT PURSUANT TO PART 130
I, Eric F. Popkin, Esq., do hereby certify that I have read the attached Affirmation in
Opposition and that to the best of my knowledge, information and belief formed after an inquiry
reasonable under the circumstances, the presentation of the paper or the contentions therein are not
frivolous as that term is defined in Part 130.
Dated : New York, New York
November 7, 2023
nc . P kih, Esq.
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FILED: NEW YORK COUNTY CLERK 11/13/2023 12:00 PM INDEX NO. 154031/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/13/2023
Index No:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
RUBY ZAMORA,
Plaintiff,
-against-
RENE SANTIAGO, ZIPCAR,1NC., and ZIPP RENTAL, INC.
Defendants,
AFFIRMATION IN OPPOSITION
POPKIN & POPKIN
Attorney for Plaintiff
209 West 97th Street-Suite 7(C)
New York, NY. 10025
(212) 662 -2969
Service if a copy of the within is hereby admitted.
Dated :
___________________________
Attorney(s) for
PLEA
SE TAKE NOTICE
[ ] Notice of Entry
that the within is a Certified true copy of a
entered in the office of the clerk of the within named court on ,19
[ ] Notice of Settlement
that an order of which within is a true copy will be presented for settlement to the
Hon. Justice , one of the judges of the within named Court, at.
Dated : New York, New York
November 7, 2023
ERIC F. POPKIN, ESQ.
POPKIN & POPKIN
209 WEST 97TH STREET-SUITE 7(C)
NEW YORK, NEW YORK 10025
(212) 662-2969
To:
Attorney(s) for
6 of 6
Preview
FILED: NEW YORK COUNTY CLERK 11/13/2023 12:00 PM INDEX NO. 154031/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No : 15403/2023 __--___---------------------________________________________Ç RUBY ZAMORA, Plaintiff, AFFIRMATION -against- IN OPPOSITION RENE SANTIAGO, ZIPCAR,1NC., and ZIPP RENTAL, INC., Defendants, ________________________________---____________________-_____Ç Eric F. Popkin, being duly admitted in the State ofNew York, hereby affirms the truth of the following pursuant to the penalties of perjury : 1. I am a member of Popkin & Popkin, attorney for the plaintiff in the above matter and as such I am fully familiar with the facts and circumstances of this case. I make this affirmation in opposition to the defendant Rene Santiago's motion which seeks the dismissal of the plaintiffs case. The basis of my opposition is that Mr. Santiago has not, by admissible means, demonstrated the lack of personal jurisdiction. The burden has not been shifted and the motion should be denied. Additionally, counsel has failed to demonstrate that they are Mr. Santiago's attorney or that they have the authority to act on his behalf. As a result, the motion is a nullity and must be denied. 2. This is an action fro personal injury arising out of a single car accident on October 29, 2021. The car was owned by Zipcar, Inc., and/or Zipp Rental, Inc., and driven by Rene Santiago. As a result of the accident, the plaintiff, Ruby Zamora sustained serious injury including but not limited to scarring and a fracture. Within the time allowed, and index number was purchased, the "A" Summons and Verified Complaint were filed and served. Annexed hereto as Exhibit is a copy of the plaintiff's Summons and Verified Complaint. Thereafter, an answer was interposed by the 1 of 6 FILED: NEW YORK COUNTY CLERK 11/13/2023 12:00 PM INDEX NO. 154031/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/13/2023 defendant Zipcar, Inc. and issue was joined. Defendant-movant Santiago, has not interposed an answered and as a result, the affirmative defense of lack of jurisdiction was not raised.. 3. The basis of this motion is an unsubstantiated claim, that Mr. Santiago was not properly served. Mr. Santiago has not submitted an affidavit in support of this motion and he has not claimed that he was not served. The motion lacks an affidavit from anyone with first hand knowledge of the issues currently before the Court. The absence of an affidavit from Mr. Santiago or anyone with firsthand knowledge, dooms the motion. The burden has not been shifted and the motion should be denied. 4. The motion relies on the affirmation of Mr. Aronowitz. Unfortunately, Mr. Aronowitz, lacks firsthand knowledge on the issue of service. The Aronowitz affirmation is defective as it lacks personal knowledge and it therefore cannot be relied on by the Court. As a result, the burden has not been shifted and the motion should be denied. 5. Even if the Court were to feel that the burden had been shifted, which we feel the Court should not do, the motion should still be denied. Mr. Aronowitz is with the firm of Pillinger, Miller Tarallo, LLP. The firm, claims to represent Mr. Santiago for the limited purposes of this motion. However, Mr. Santiago does not claim to be represented by anyone. The Aronowitz Affirmation lacks any supporting documentation and as a result it fails to establish the existence of the lawyer-client relationship 6. Counsel has not establish representation and absent a relationship, counsel lacks the authority to move on Mr. Santiago's behalf. As a result, the motion must be denied. 7. The flaws, the absence of an affidavit by an individual with knowledge and proof of a relationship are fatal. The multiple failures of the moving papers cannot be cured in the reply. As a result the motion must be denied. 2 of 6 FILED: NEW YORK COUNTY CLERK 11/13/2023 12:00 PM INDEX NO. 154031/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/13/2023 WHEREFORE, it is respectfully requested that the motion be denied in its entirety and for such other, further and different relief as this Court deems just and proper. Dated : New York, New York November 7, 2023 Yours POPKIN & P Attorney for laintiff 209 WEST 97TH STREET SUITE 7(C) NEW YORK, NY., 10025 To : PILLINGER MILLER TARALLO, LLP Attorneys for Defendant Zipcar, Inc. 555 TAXTER ROAD 5" FLOOR ELMSFORD, NY., 10523 3 of 6 FILED: NEW YORK COUNTY CLERK 11/13/2023 12:00 PM INDEX NO. 154031/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/13/2023 AFFIRMATION OF SERVICE ERIC F. POPKIN, ESQ., being duly admitted in the State of New York, hereby affirms the truth of the following pursuant to the penalties of perjury: Your affirmant is the attorney for the plaintiffs and as such is fully familiar with the facts and circumstances of this matter. That on November 7, 2023 your affirmant served the within Affirmation in Opposition upon : PILLINGER MILLER TARALLO, LLP 555 TAXTER ROAD 5" FLOOR ELMSFORD, NY., 10523 By mailing at the above address (es) designated by said attorney (s) for that purpose by depositing a true copy of same, enclosed in a postpaid, properly addressed wrapper in an official depository under the exclusive control of the United States Postal Service within the State of New York. Dated : New York, New York November 7, 2023 _____________ - ___________ U. F. PKIN, ESQ 4 of 6 FILED: NEW YORK COUNTY CLERK 11/13/2023 12:00 PM INDEX NO. 154031/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/13/2023 STATEMENT PURSUANT TO PART 130 I, Eric F. Popkin, Esq., do hereby certify that I have read the attached Affirmation in Opposition and that to the best of my knowledge, information and belief formed after an inquiry reasonable under the circumstances, the presentation of the paper or the contentions therein are not frivolous as that term is defined in Part 130. Dated : New York, New York November 7, 2023 nc . P kih, Esq. 5 of 6 FILED: NEW YORK COUNTY CLERK 11/13/2023 12:00 PM INDEX NO. 154031/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/13/2023 Index No: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK RUBY ZAMORA, Plaintiff, -against- RENE SANTIAGO, ZIPCAR,1NC., and ZIPP RENTAL, INC. Defendants, AFFIRMATION IN OPPOSITION POPKIN & POPKIN Attorney for Plaintiff 209 West 97th Street-Suite 7(C) New York, NY. 10025 (212) 662 -2969 Service if a copy of the within is hereby admitted. Dated : ___________________________ Attorney(s) for PLEA SE TAKE NOTICE [ ] Notice of Entry that the within is a Certified true copy of a entered in the office of the clerk of the within named court on ,19 [ ] Notice of Settlement that an order of which within is a true copy will be presented for settlement to the Hon. Justice , one of the judges of the within named Court, at. Dated : New York, New York November 7, 2023 ERIC F. POPKIN, ESQ. POPKIN & POPKIN 209 WEST 97TH STREET-SUITE 7(C) NEW YORK, NEW YORK 10025 (212) 662-2969 To: Attorney(s) for 6 of 6