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FILED: QUEENS COUNTY CLERK 01/15/2024 04:21 PM INDEX NO. 719456/2023
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
______________..__________________________________________________________Ç
SEAN A. GADSDEN, Index No.: 719456/2023
Plaintiff
-against- PLAINTIFF AFFIDAVIT
IN SUPPORT
AGNALDO B. GOUVEA and DEROSA SPORTS
CONSTRUCTION, INC,
Defendants.
_________________________________________________________________________Ç
12th
SEAN A. GADSDEN, being duly sworn, deposes and says: I affirm this day of
January, 2024, under the penalties of perjury, under the laws of New York, which may include a
fine or imprisonment, that the foregoing is true, and I understand that this document may be filed
in an action or proceeding in a court of law.
1. I am the Plaintiff in this action, and as such, I am fully familiar with the
facts and circumstances set forth hereunder.
2. I am fully familiar by virtue of having been the seat belted operator of a
motor vehicle that was struck in the rear causing me to become seriously injured.
3. That accident gave rise to this litigation.
4. I make this affirmation in support of my motion for an Order granting
Defendants'
summary judgment to me on the issue of liability; dismissing affirmative defense of
comparative negligence; and that this action be set down for a trial on damages only.
5. As demonstrated below, and as I am advised by my counsel, there are no
defenses to the liability (who is at fault) part of my lawsuit.
6. I am advised by my attorney that there are no facts relating to liability that
are required to be decided by a jury.
7. The accident that caused my injuries took place on May 1 1, 2023, at
FILED: QUEENS COUNTY CLERK 01/15/2024 04:21 PM INDEX NO. 719456/2023
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/15/2024
approximately 4:45 PM.
20th
8. The accident occurred at and or near Avenue and Whitestone
Expressway, in the County of Queens, City and State of New York.
At the time of the occurrence, I was entirely in my lane of travel and was completely stopped due
20th
to a red light on Avenue for approximately one (1) minute, at its intersection with Whitestone
Expressway, when I was abruptly and without any warning rear ended with substantial impact by
a 2018 Chevrolet vehicle bearing a New York license plate 58764MA, which I later came to learn
was being operated by Defendant AGNALDO B. GOUVEA and owned by Defendant DEROSA
SPORTS CONSTRUCTION, INC, which caused me to sustain serious and severe personal
injuries.
9. After the accident, the operator of the 2018 Chevrolet bearing a New York
fault."
license plate 58764MA acknowledged the impact and apologized "I hit you, I know it is my
10. The weather was clear at the time and place ofthe accident, and the roadway
was free of debris and dry.
11. The roadway where the accident occurred was both flat and straight.
12. There was no condition on the roadway or in the area that could have either
prevented a vehicle from stopping or caused a vehicle to stop any sooner than it otherwise would
have.
13. The roadways and traffic conditions were regular in every respect.
14. There was no construction or maintenance work at the place of the accident.
15. There was nothing obstructing my view of the roadway or surroundings
in the several minutes leading up to the accident to the time of the accident.
16. Nothing could have obstructed my view that was inside my vehicle,
FILED: QUEENS COUNTY CLERK 01/15/2024 04:21 PM INDEX NO. 719456/2023
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/15/2024
outside my vehicle, or otherwise.
17. All my vehicle's mirrors were properly adjusted for my driving.
18. There was nothing in the area, or anything relating to my vehicle, that
could have prevented the driver of the other vehicle from seeing my vehicle.
Defendants'
19. My vehicle did not have contact with anything other than the
vehicle.
20. My vehicle was in compliance with all mandated requirements.
21. My vehicle was in proper working order at all pertinent times prior to the
accident occurring.
22. I experienced no difficulty operating my vehicle prior to the time of the
accident.
23. At the time of that accident, I held a valid Pennsylvania license.
24. The vehicle I was operating was a 2022 Jeep bearing the Pennsylvania
State license plate LZA4329, and it was not modified since it left the factory.
25. I had no warning or indication that an accident was about to occur.
26. I didn't hear beeping horns, screeching tires and/or screeching brakes.
27. While at the scene of the accident I did not observe skid marks or
experience a burning tire smell.
28. I saw no flashing headlights that would have alerted me that an accident
was about to occur.
29. At the time of the accident, I was looking forward.
30. There is nothing that I could have done, or not done, that could have
resulted in the accident being avoided.
FILED: QUEENS COUNTY CLERK 01/15/2024 04:21 PM INDEX NO. 719456/2023
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/15/2024
31. I have no knowledge or know of any information which is contrary to the
fact that the vehicle which struck me was operated by Defendant AGNALDO B. GOUVEA
and owned by Defendant DEROSA SPORTS CONSTRUCTION, INC.
32. I have no knowledge of anything that would indicate the defendant operator
experienced mechanical difficulty with his vehicle prior to the accident occurring.
33. As I am 100% free of negligence for the happening of the accident I
respectfully request that summary judgment be awarded to me on the issue of liability.
January 12, 2024
SEAN A. GADSDEN
FILED: QUEENS COUNTY CLERK 01/15/2024 04:21 PM INDEX NO. 719456/2023
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/15/2024
CERTIFICATION
In accordance with Rule 17 of the Rules of the Commercial Division, 22 NYCRR
§202.70, the undersigned certifies that the word count in this Plaintiff’s affidavit in support
(excluding the caption, table of contents, table of authorities, signature block, and this
certification), as established using the word count on the word-processing system used to prepare
it, is 837 words.
Dated: Forest Hills, New York
January 15, 2024
____________________
Simon A. Befikadu, Esq.
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FILED: QUEENS COUNTY CLERK 01/15/2024 04:21 PM INDEX NO. 719456/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ______________..__________________________________________________________Ç SEAN A. GADSDEN, Index No.: 719456/2023 Plaintiff -against- PLAINTIFF AFFIDAVIT IN SUPPORT AGNALDO B. GOUVEA and DEROSA SPORTS CONSTRUCTION, INC, Defendants. _________________________________________________________________________Ç 12th SEAN A. GADSDEN, being duly sworn, deposes and says: I affirm this day of January, 2024, under the penalties of perjury, under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law. 1. I am the Plaintiff in this action, and as such, I am fully familiar with the facts and circumstances set forth hereunder. 2. I am fully familiar by virtue of having been the seat belted operator of a motor vehicle that was struck in the rear causing me to become seriously injured. 3. That accident gave rise to this litigation. 4. I make this affirmation in support of my motion for an Order granting Defendants' summary judgment to me on the issue of liability; dismissing affirmative defense of comparative negligence; and that this action be set down for a trial on damages only. 5. As demonstrated below, and as I am advised by my counsel, there are no defenses to the liability (who is at fault) part of my lawsuit. 6. I am advised by my attorney that there are no facts relating to liability that are required to be decided by a jury. 7. The accident that caused my injuries took place on May 1 1, 2023, at FILED: QUEENS COUNTY CLERK 01/15/2024 04:21 PM INDEX NO. 719456/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/15/2024 approximately 4:45 PM. 20th 8. The accident occurred at and or near Avenue and Whitestone Expressway, in the County of Queens, City and State of New York. At the time of the occurrence, I was entirely in my lane of travel and was completely stopped due 20th to a red light on Avenue for approximately one (1) minute, at its intersection with Whitestone Expressway, when I was abruptly and without any warning rear ended with substantial impact by a 2018 Chevrolet vehicle bearing a New York license plate 58764MA, which I later came to learn was being operated by Defendant AGNALDO B. GOUVEA and owned by Defendant DEROSA SPORTS CONSTRUCTION, INC, which caused me to sustain serious and severe personal injuries. 9. After the accident, the operator of the 2018 Chevrolet bearing a New York fault." license plate 58764MA acknowledged the impact and apologized "I hit you, I know it is my 10. The weather was clear at the time and place ofthe accident, and the roadway was free of debris and dry. 11. The roadway where the accident occurred was both flat and straight. 12. There was no condition on the roadway or in the area that could have either prevented a vehicle from stopping or caused a vehicle to stop any sooner than it otherwise would have. 13. The roadways and traffic conditions were regular in every respect. 14. There was no construction or maintenance work at the place of the accident. 15. There was nothing obstructing my view of the roadway or surroundings in the several minutes leading up to the accident to the time of the accident. 16. Nothing could have obstructed my view that was inside my vehicle, FILED: QUEENS COUNTY CLERK 01/15/2024 04:21 PM INDEX NO. 719456/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/15/2024 outside my vehicle, or otherwise. 17. All my vehicle's mirrors were properly adjusted for my driving. 18. There was nothing in the area, or anything relating to my vehicle, that could have prevented the driver of the other vehicle from seeing my vehicle. Defendants' 19. My vehicle did not have contact with anything other than the vehicle. 20. My vehicle was in compliance with all mandated requirements. 21. My vehicle was in proper working order at all pertinent times prior to the accident occurring. 22. I experienced no difficulty operating my vehicle prior to the time of the accident. 23. At the time of that accident, I held a valid Pennsylvania license. 24. The vehicle I was operating was a 2022 Jeep bearing the Pennsylvania State license plate LZA4329, and it was not modified since it left the factory. 25. I had no warning or indication that an accident was about to occur. 26. I didn't hear beeping horns, screeching tires and/or screeching brakes. 27. While at the scene of the accident I did not observe skid marks or experience a burning tire smell. 28. I saw no flashing headlights that would have alerted me that an accident was about to occur. 29. At the time of the accident, I was looking forward. 30. There is nothing that I could have done, or not done, that could have resulted in the accident being avoided. FILED: QUEENS COUNTY CLERK 01/15/2024 04:21 PM INDEX NO. 719456/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/15/2024 31. I have no knowledge or know of any information which is contrary to the fact that the vehicle which struck me was operated by Defendant AGNALDO B. GOUVEA and owned by Defendant DEROSA SPORTS CONSTRUCTION, INC. 32. I have no knowledge of anything that would indicate the defendant operator experienced mechanical difficulty with his vehicle prior to the accident occurring. 33. As I am 100% free of negligence for the happening of the accident I respectfully request that summary judgment be awarded to me on the issue of liability. January 12, 2024 SEAN A. GADSDEN FILED: QUEENS COUNTY CLERK 01/15/2024 04:21 PM INDEX NO. 719456/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/15/2024 CERTIFICATION In accordance with Rule 17 of the Rules of the Commercial Division, 22 NYCRR §202.70, the undersigned certifies that the word count in this Plaintiff’s affidavit in support (excluding the caption, table of contents, table of authorities, signature block, and this certification), as established using the word count on the word-processing system used to prepare it, is 837 words. Dated: Forest Hills, New York January 15, 2024 ____________________ Simon A. Befikadu, Esq.