On May 17, 2023 a
STATEMENT OF MATERIAL FACTS
was filed
involving a dispute between
The City Of New York Police Department,
and
Luz Del Alba Santos,
Yoselis Villanueva,
for Torts - Other (Transfer)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/23/2024 11:38 AM INDEX NO. 451294/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/23/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------------X INDEX NO.: 451294/2023
THE CITY OF NEW YORK POLICE DEPARTMENT,
Plaintiff,
STATEMENT OF
- against - UNDISPUTED FACTS
YOSELIS VILLANUEVA,
FILE NO. 1063023
Defendant. CASE ID NO. ATIC-1013
---------------------------------------------------------------------------X
YOSELIS VILLANUEVA,
Third Party Plaintiff,
- against -
LUZ DEL ALBA SANTOS,
Third Party Defendant.
---------------------------------------------------------------------------X
1. This is a negligence action, in which Plaintiff seeks to recover for damages allegedly
sustained as a result of a motor vehicle accident that occurred on July 16, 2019 on
southbound FDR Drive, near East 25th Street in the County, City and State of New York.
(Summons and Complaint, EXHIBIT A).
2. In Third-Party Defendant’s Answer, Third Party-Defendant denied the material
allegations of the Third-Party Complaint. (Third-Party Answer, EXHIBIT D).
3. The subject accident was a three-vehicle accident, where the LUZ DEL ALBA SANTOS
vehicle was struck in the rear by the YOSELIS VILLANUEVA vehicle. (Certified
Police Accident Report, EXHIBIT E; SANTOS Affidavit, EXHIBIT F).
4. The Police Report indicates that THE CITY OF NEW YORK POLICE DEPARTMENT
2015 GMC vehicle struck the YOSELIS VILLANUEVA 2010 Honda vehicle in the rear.
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FILED: NEW YORK COUNTY CLERK 01/23/2024 11:38 AM INDEX NO. 451294/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/23/2024
The VILLANUEVA vehicle struck the LUZ DEL ALBA SANTOS vehicle in the rear.
The damage codes of the Police Report show damage only to the rear of the SANTOS
vehicle. (Certified Police Accident Report, EXHIBIT E).
5. Ms. SANTOS was travelling in the middle lane on the southbound FDR in heavy traffic
when the vehicle directly ahead of hers came to a stop. (SANTOS Affidavit, EXHIBIT
J).
6. As such, Ms. SANTOS brought her vehicle to a stop, without coming into contact with
the vehicle ahead. (SANTOS Affidavit, EXHIBIT J).
7. Ms. SANTOS’ vehicle was then suddenly struck in the rear by the VILLANUEVA
vehicle. (Certified Police Accident Report, EXHIBIT E; SANTOS Affidavit, EXHIBIT
J).
CASSELLA AND SANDUSKY
Attorney(s) for the Third-Party Defendant(s)
LUZ DEL ALBA SANTOS
Office Address
1 Metrotech Center, 7th Floor
Brooklyn, New York 11201
Mailing Address
5 Broadway, Suite 500
Freeport, New York 11520
TEL: (866) 220-0176/FAX: (516) 584-0050
2 of 2
Document Filed Date
January 23, 2024
Case Filing Date
May 17, 2023
Category
Torts - Other (Transfer)
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FILED: NEW YORK COUNTY CLERK 01/23/2024 11:38 AM INDEX NO. 451294/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------X INDEX NO.: 451294/2023 THE CITY OF NEW YORK POLICE DEPARTMENT, Plaintiff, STATEMENT OF - against - UNDISPUTED FACTS YOSELIS VILLANUEVA, FILE NO. 1063023 Defendant. CASE ID NO. ATIC-1013 ---------------------------------------------------------------------------X YOSELIS VILLANUEVA, Third Party Plaintiff, - against - LUZ DEL ALBA SANTOS, Third Party Defendant. ---------------------------------------------------------------------------X 1. This is a negligence action, in which Plaintiff seeks to recover for damages allegedly sustained as a result of a motor vehicle accident that occurred on July 16, 2019 on southbound FDR Drive, near East 25th Street in the County, City and State of New York. (Summons and Complaint, EXHIBIT A). 2. In Third-Party Defendant’s Answer, Third Party-Defendant denied the material allegations of the Third-Party Complaint. (Third-Party Answer, EXHIBIT D). 3. The subject accident was a three-vehicle accident, where the LUZ DEL ALBA SANTOS vehicle was struck in the rear by the YOSELIS VILLANUEVA vehicle. (Certified Police Accident Report, EXHIBIT E; SANTOS Affidavit, EXHIBIT F). 4. The Police Report indicates that THE CITY OF NEW YORK POLICE DEPARTMENT 2015 GMC vehicle struck the YOSELIS VILLANUEVA 2010 Honda vehicle in the rear. 1 of 2 FILED: NEW YORK COUNTY CLERK 01/23/2024 11:38 AM INDEX NO. 451294/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/23/2024 The VILLANUEVA vehicle struck the LUZ DEL ALBA SANTOS vehicle in the rear. The damage codes of the Police Report show damage only to the rear of the SANTOS vehicle. (Certified Police Accident Report, EXHIBIT E). 5. Ms. SANTOS was travelling in the middle lane on the southbound FDR in heavy traffic when the vehicle directly ahead of hers came to a stop. (SANTOS Affidavit, EXHIBIT J). 6. As such, Ms. SANTOS brought her vehicle to a stop, without coming into contact with the vehicle ahead. (SANTOS Affidavit, EXHIBIT J). 7. Ms. SANTOS’ vehicle was then suddenly struck in the rear by the VILLANUEVA vehicle. (Certified Police Accident Report, EXHIBIT E; SANTOS Affidavit, EXHIBIT J). CASSELLA AND SANDUSKY Attorney(s) for the Third-Party Defendant(s) LUZ DEL ALBA SANTOS Office Address 1 Metrotech Center, 7th Floor Brooklyn, New York 11201 Mailing Address 5 Broadway, Suite 500 Freeport, New York 11520 TEL: (866) 220-0176/FAX: (516) 584-0050 2 of 2