On August 06, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Charlene N. Murray,
and
City Of New York,
Leroy Dowers,
for Torts - Other (Personal Injury)
in the District Court of Kings County.
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FILED: KINGS COUNTY CLERK 04/22/2024 09:31 AM INDEX NO. 517208/2019
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 04/22/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------------X Index No.: 517208/2019
CHARLENE N. MURRAY,
Plaintiff, PLAINTIFF’S COUNTER
-against- STATEMENT OF FACTS
LEROY DOWERS and THE CITY OF NEW YORK, IAS Part: 20
Defendants. Judge Patria Frias-Colon
---------------------------------------------------------------------X Return Date 4-24-24
CORNELIUS REDMOND, an attorney duly admitted to practice in the State of New York,
hereby submits the within PLAINTIFF’S COUNTER STATEMENT OF MATERIAL FACTS,
pursuant to CPLR 202.8-g:
1. Plaintiff tripped and fell while walking on the sidewalk in front of 437 Milford Street,
Brooklyn, New York. See Notice of Claim and attached photos annexed hereto as Exhibit 1.
2. The cause of plaintiff’s fall was due to the toe of her foot getting caught in the open utility
access hole that was uncovered. (See the photos in the Notice of Claim)
3. Because of this fall, plaintiff suffered serious and permanent injuries which included
undergoing shoulder surgery. See the attached Bill of Particulars, Ex. 2.
4. The plaintiff testified in both the 50H Hearing and the deposition that she tripped and fell
due to the open utility hole depicted in the Notice of Claim photos. (See Defendant’s Motion
Exhibits C and D.)
5. The Big Apple Map, (“BAM”) indicates there is a defective condition where plaintiff fell and
the photos attached hereto and to the affirmation in opposition demonstrate that many years after
the BAM was presented to the City, the hole remains open and uncovered. Exhibits 3 & 4.
Dated: New York, New York
April 20, 2024
_______________________
CORNELIUS REDMOND
1 of 1
Document Filed Date
April 22, 2024
Case Filing Date
August 06, 2019
Category
Torts - Other (Personal Injury)
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FILED: KINGS COUNTY CLERK 04/22/2024 09:31 AM INDEX NO. 517208/2019 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 04/22/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------X Index No.: 517208/2019 CHARLENE N. MURRAY, Plaintiff, PLAINTIFF’S COUNTER -against- STATEMENT OF FACTS LEROY DOWERS and THE CITY OF NEW YORK, IAS Part: 20 Defendants. Judge Patria Frias-Colon ---------------------------------------------------------------------X Return Date 4-24-24 CORNELIUS REDMOND, an attorney duly admitted to practice in the State of New York, hereby submits the within PLAINTIFF’S COUNTER STATEMENT OF MATERIAL FACTS, pursuant to CPLR 202.8-g: 1. Plaintiff tripped and fell while walking on the sidewalk in front of 437 Milford Street, Brooklyn, New York. See Notice of Claim and attached photos annexed hereto as Exhibit 1. 2. The cause of plaintiff’s fall was due to the toe of her foot getting caught in the open utility access hole that was uncovered. (See the photos in the Notice of Claim) 3. Because of this fall, plaintiff suffered serious and permanent injuries which included undergoing shoulder surgery. See the attached Bill of Particulars, Ex. 2. 4. The plaintiff testified in both the 50H Hearing and the deposition that she tripped and fell due to the open utility hole depicted in the Notice of Claim photos. (See Defendant’s Motion Exhibits C and D.) 5. The Big Apple Map, (“BAM”) indicates there is a defective condition where plaintiff fell and the photos attached hereto and to the affirmation in opposition demonstrate that many years after the BAM was presented to the City, the hole remains open and uncovered. Exhibits 3 & 4. Dated: New York, New York April 20, 2024 _______________________ CORNELIUS REDMOND 1 of 1