On January 04, 2023 a
Party Statement
was filed
involving a dispute between
Ashley Bracco,
and
Marcus O. Nieves,
Skyway Truck Parts Inc.,
for Torts - Motor Vehicle
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 02/23/2024 02:41 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/23/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
--------------------------------------X
ASHLEY BRACCO,
STATEMENT OF
Plaintiff, MATERIAL FACTS
-against-
SKYWAY TRUCK PARTS INC. AND MARCUS O.
NIEVES,
Defendants.
--------------------------------------X
Pursuant to Rule 202.8-g of this Court, the Plaintiff, ASHLEY BRACCO by and through
his attorneys, SURIS & ASSOCIATES, P.C., sets forth the following statement of material facts
in support of her motion for summary judgment herein:
1. The above captioned action was brought against the Defendant(s) for personal injuries
sustained by Plaintiff(s) as a result of an incident which occurred on August 14, 2020. The
within action was commenced on or about January 4, 2023, and the Defendants were served
with a Summons and Complaint. Issue was joined shortly thereafter. The Complaint and
"A"
Answers are annexed hereto as Exhibits and "B", respectively.
2. At the time of the occurrence, the Plaintiff, ASHLEY BRACCO, was the owner and
properly restrained operator of a certain 2014 Acura motor vehicle, bearing New York
license plate number GNS9410. Plaintiff s vehicle stopped for traffic on the Long Island
Expressway (I495), when it was forcefully struck in the rear by a 2014 Toyota motor vehicle,
bearing New York license plate number ADS7962, owned by Defendant, SKYWAY
TRUCK PARTS INC., and operated by Defendant, MARCUS O. NIEVES. The points of
Defendants'
impact were to the front-end of vehicle and rear-end of the Plaintiff s vehicle.
"C"
Annexed hereto as Exhibit is a copy of Plaintiff's Verified Bill of Particulars, dated
"F"
March 24, 2023. See Exhibits "E", and "G".
1 of 2
FILED: SUFFOLK COUNTY CLERK 02/23/2024 02:41 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/23/2024
3. Defendant does not have a non-negligent explanation and was 100% negligent and at fault.
"F"
See Exhibits "E", and "G".
Dated: Melville, New York
February 22, 2024
THOMAS J. TIERNAN, ESQ.
SURIS & ASSOCIATES, P.C.
Attorneys for the Plaintiff
ASHLEY BRACCO
395 North Service Road, Suite 302
Melville, New York 11747
631-423-9700
2 of 2
Document Filed Date
February 23, 2024
Case Filing Date
January 04, 2023
Category
Torts - Motor Vehicle
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Preview
FILED: SUFFOLK COUNTY CLERK 02/23/2024 02:41 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------X ASHLEY BRACCO, STATEMENT OF Plaintiff, MATERIAL FACTS -against- SKYWAY TRUCK PARTS INC. AND MARCUS O. NIEVES, Defendants. --------------------------------------X Pursuant to Rule 202.8-g of this Court, the Plaintiff, ASHLEY BRACCO by and through his attorneys, SURIS & ASSOCIATES, P.C., sets forth the following statement of material facts in support of her motion for summary judgment herein: 1. The above captioned action was brought against the Defendant(s) for personal injuries sustained by Plaintiff(s) as a result of an incident which occurred on August 14, 2020. The within action was commenced on or about January 4, 2023, and the Defendants were served with a Summons and Complaint. Issue was joined shortly thereafter. The Complaint and "A" Answers are annexed hereto as Exhibits and "B", respectively. 2. At the time of the occurrence, the Plaintiff, ASHLEY BRACCO, was the owner and properly restrained operator of a certain 2014 Acura motor vehicle, bearing New York license plate number GNS9410. Plaintiff s vehicle stopped for traffic on the Long Island Expressway (I495), when it was forcefully struck in the rear by a 2014 Toyota motor vehicle, bearing New York license plate number ADS7962, owned by Defendant, SKYWAY TRUCK PARTS INC., and operated by Defendant, MARCUS O. NIEVES. The points of Defendants' impact were to the front-end of vehicle and rear-end of the Plaintiff s vehicle. "C" Annexed hereto as Exhibit is a copy of Plaintiff's Verified Bill of Particulars, dated "F" March 24, 2023. See Exhibits "E", and "G". 1 of 2 FILED: SUFFOLK COUNTY CLERK 02/23/2024 02:41 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/23/2024 3. Defendant does not have a non-negligent explanation and was 100% negligent and at fault. "F" See Exhibits "E", and "G". Dated: Melville, New York February 22, 2024 THOMAS J. TIERNAN, ESQ. SURIS & ASSOCIATES, P.C. Attorneys for the Plaintiff ASHLEY BRACCO 395 North Service Road, Suite 302 Melville, New York 11747 631-423-9700 2 of 2