On June 20, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
John H Meyer Iii,
and
Jan G Williams,
Port Jefferson Cesspool Service, Inc.,
for Torts - Motor Vehicle
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 12/20/2023 04:50 PM INDEX NO. 615395/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 12/20/2023
EXHIBIT D
FILED: SUFFOLK COUNTY CLERK 12/20/2023 04:50 PM INDEX NO. 615395/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 12/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
___________________________________________________________Ç
JOHN H. MEYER, III, Index No.: 615395/2023
Plaintiff, PLAINTIFF'S AFFIDAVIT
- against -
JAN G. WILLIAMS and PORT JEFFERSON CESSPOOL
SERVICE, INC.,
Defendants.
______________________________________________________________Ç
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS.:
JOHN H. MEYER, III, being duly sworn, deposes and says:
1. That I am a plaintiff in the above entitled action, and have been advised and verily
believe that I have a good and meritorious cause of action against the defendants.
2. On April 17th, 2023 at approximately 2:54 P.M., I was the operator of a 2013 Ford Sedan
Inc."
motor vehicle which was owned by "All County Enterprises And Management, with the full
knowledge, consent and permission of the said owner.
3. At that time, I was proceeding southbound on William Floyd Parkway, approximately
100 feet south of its intersection with Flower Hill Drive in Shirley, town of Brookhaven, county
of Suffolk and state of New York. At that location, the roadway is straight and level. The roadway
surface was dry and it was daylight. While stopped at a red traffic signal light for approximately 1
minute, my vehicle was rear ended by a 2013 Chevrolet Van motor vehicle with license plate
number 49295JF. The impact was strong and heavy. I did not see the 2013 Chevrolet Van motor
vehicle approaching my vehicle from behind before I was rear-ended. The collision caused me to
FILED: SUFFOLK COUNTY CLERK 12/20/2023 04:50 PM INDEX NO. 615395/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 12/20/2023
experience pain in my upper back, middle back, and lower back. (See Verified Bill of Particulars
attached hereto as Exhibit "H").
4. I was fully familiar with the vehicle that I was operating at the time of the accident. The
vehicle was current on its New York State inspection. Further, all of the mechanical systems,
including the brakes and brake lights were functioning properly, at the time of the accident.
5. I have viewed and verified three separate photographs attached hereto as Exhibit "E",
"F" "E"
Exhibit and Exhibit "G". Exhibit is a photograph taken after the accident, depicting an
accurate visual of the rear-end damage to the aforementioned 2013 Ford Sedan motor vehicle
pertaining to the accident. This is a fair and accurate depiction of the way the vehicle appeared
"F"
immediately following the accident. Exhibit is also a photograph taken after the accident,
which I have also viewed and verified, depicting an accurate visual of the rear-end damage to the
aforementioned 2013 Ford Sedan motor vehicle pertaining to the accident. This is a fair and
accurate depiction of the way the vehicle appeared immediately following the accident. Exhibit
"G"
is a photograph taken after the accident, depicting an accurate visual of the front-end damage
to the aforementioned 2013 Chevrolet Van motor vehicle pertaining to the accident. This is a fair
and accurate depiction of the way the vehicle appeared immediately following the accident.
FILED: SUFFOLK COUNTY CLERK 12/20/2023 04:50 PM INDEX NO. 615395/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 12/20/2023
WHEREFORE, I respectfully join my attorney's request for an order: (1) granting
defendants'
plaintiff partial summary judgment on the issue of liability; (2) grating plaintiff partial
defendants'
summary judgement dismissing affirmative defense of plaintiff's comparative
negligence; and (3) for such other and further relief as this Court may deem just and proper.
JOHN H. YEltH
Sworn to before me on the
of Bered er , 2023.
day
NOTARY PUBUC
SEATRIZ E. ALVAREZ-KUNKEL
Notary Public, State of New York
Reg. No. 01AL6279079
Qualified in Suffolk County
Commission Expires April 8, 2026
Document Filed Date
December 20, 2023
Case Filing Date
June 20, 2023
Category
Torts - Motor Vehicle
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FILED: SUFFOLK COUNTY CLERK 12/20/2023 04:50 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 12/20/2023 EXHIBIT D FILED: SUFFOLK COUNTY CLERK 12/20/2023 04:50 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 12/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ___________________________________________________________Ç JOHN H. MEYER, III, Index No.: 615395/2023 Plaintiff, PLAINTIFF'S AFFIDAVIT - against - JAN G. WILLIAMS and PORT JEFFERSON CESSPOOL SERVICE, INC., Defendants. ______________________________________________________________Ç STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: JOHN H. MEYER, III, being duly sworn, deposes and says: 1. That I am a plaintiff in the above entitled action, and have been advised and verily believe that I have a good and meritorious cause of action against the defendants. 2. On April 17th, 2023 at approximately 2:54 P.M., I was the operator of a 2013 Ford Sedan Inc." motor vehicle which was owned by "All County Enterprises And Management, with the full knowledge, consent and permission of the said owner. 3. At that time, I was proceeding southbound on William Floyd Parkway, approximately 100 feet south of its intersection with Flower Hill Drive in Shirley, town of Brookhaven, county of Suffolk and state of New York. At that location, the roadway is straight and level. The roadway surface was dry and it was daylight. While stopped at a red traffic signal light for approximately 1 minute, my vehicle was rear ended by a 2013 Chevrolet Van motor vehicle with license plate number 49295JF. The impact was strong and heavy. I did not see the 2013 Chevrolet Van motor vehicle approaching my vehicle from behind before I was rear-ended. The collision caused me to FILED: SUFFOLK COUNTY CLERK 12/20/2023 04:50 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 12/20/2023 experience pain in my upper back, middle back, and lower back. (See Verified Bill of Particulars attached hereto as Exhibit "H"). 4. I was fully familiar with the vehicle that I was operating at the time of the accident. The vehicle was current on its New York State inspection. Further, all of the mechanical systems, including the brakes and brake lights were functioning properly, at the time of the accident. 5. I have viewed and verified three separate photographs attached hereto as Exhibit "E", "F" "E" Exhibit and Exhibit "G". Exhibit is a photograph taken after the accident, depicting an accurate visual of the rear-end damage to the aforementioned 2013 Ford Sedan motor vehicle pertaining to the accident. This is a fair and accurate depiction of the way the vehicle appeared "F" immediately following the accident. Exhibit is also a photograph taken after the accident, which I have also viewed and verified, depicting an accurate visual of the rear-end damage to the aforementioned 2013 Ford Sedan motor vehicle pertaining to the accident. This is a fair and accurate depiction of the way the vehicle appeared immediately following the accident. Exhibit "G" is a photograph taken after the accident, depicting an accurate visual of the front-end damage to the aforementioned 2013 Chevrolet Van motor vehicle pertaining to the accident. This is a fair and accurate depiction of the way the vehicle appeared immediately following the accident. FILED: SUFFOLK COUNTY CLERK 12/20/2023 04:50 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 12/20/2023 WHEREFORE, I respectfully join my attorney's request for an order: (1) granting defendants' plaintiff partial summary judgment on the issue of liability; (2) grating plaintiff partial defendants' summary judgement dismissing affirmative defense of plaintiff's comparative negligence; and (3) for such other and further relief as this Court may deem just and proper. JOHN H. YEltH Sworn to before me on the of Bered er , 2023. day NOTARY PUBUC SEATRIZ E. ALVAREZ-KUNKEL Notary Public, State of New York Reg. No. 01AL6279079 Qualified in Suffolk County Commission Expires April 8, 2026