Preview
FILED: BRONX COUNTY CLERK 05/10/2024 12:15 PM INDEX NO. 810826/2022E
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/10/2024
EXHIBIT I
FILED: BRONX COUNTY CLERK 05/10/2024
03/12/2024 12:15
02:25 PM INDEX NO. 810826/2022E
NYSCEF DOC. NO. 33
21 RECEIVED NYSCEF: 05/10/2024
03/12/2024
Calendar No.:
NOTE OF ISSUE For use of clerk
Index No.: 810826/2022E
HON.JOHN A. HOWARD
Supreme Court Bronx County
Name of Judge Assigned
REGINA VAZQUEZ, NOTICE FOR TRIAL
X]Trial byjury demanded
Plaintiff, }00f all issues
Dfissues specified below
-against- or attached hereto
Trial withoutjury
JOHN ALEJANDRO ORTIZ,"JOHN DOE" Filed by attorney for plaintiff
(name is unknown to plaintiff and said fictitious Date summons served: 8/15/22
name is intended to designate the operator of a Date service completed: 8/20/22
vehicle owned by John Alejandro Ortiz on 3/5/22 Date issue joined: 9/1/22
at approximately 6:44 p.m. at or about W. Mount
Eden Avenue & Jerome Avenue, Bronx, NY),
RASIER-NY,LLC,UBER TECHNOLOGIES,
INC. and UBER USA,LLC,
Defendants.
NATURE OF ACTION OR SPECIAL
PROCEEDING
[x] Tort:[XlMotor vehicle negligence
Medical malpractice
Other tort
Contract
Contested matrimonial
Uncontested matrimonial
Tax certiorari
Condemnation
n Other(not itemized above)specify
This action is brought as a class action
This is a medical malpractice action: panel
procedures prescribed by court rules pursuant to
Jud. § 148-a.have been completed
- I -have not been completed
Amount demanded $2,000,000.00
Other relief
Special preference claimed under C.P.L.R. 3403falt3l
on the ground that plaintiff sustained serious and protracted injuries.
Insurance carrier(s), if known: American Transit Insurance
SALERNO & GOLDBERG P.O. BAKER MCEVOY & MOSKOVITS P.O.
Attorneys for Plaintiff Attorneys for Defendant
1955 Deer Park Avenue JOHN ALEJANDRO ORTIZ
Deer Park, New York 11729 5 Broadway, Suite 3
(631)482-8888 Freeport,NY 11520
(212)857-8230
WEBER GALLAGHER SIMPSON STAPLETON
FIRES &NEWBY LLP
Attorneys for Defendants
RASIER-NY,LLC,UBER TECHNOLOGIES,INC.
and UBER USA,LLC
1500 Broadway,Suite 2401
New York, NY 10036
(929)342-6000
NOTE: Clerk will not accept this note of issue unless accompanied by a certificate of readiness, or, in a medical malpractice action, unless,
where applicable, the certificate ofreadiness previously has been filed and the panel procedures prescribed y court rules pursuant to § 148-a of
the Judiciary Law have been completed. 1 of 6
FILED: BRONX COUNTY CLERK 05/10/2024
03/12/2024 12:15
02:25 PM INDEX NO. 810826/2022E
NYSCEF DOC. NO. 33
21 RECEIVED NYSCEF: 05/10/2024
03/12/2024
CERTIFICATE OF READINESS FOR TRIAL For Clerk's Use
N.I served on
Completed Waived Not requin
1. All pleadings served X
2. Bill of Particulars served X
3. Physical examinations completed X
4. Medical reports exchanged X
5. Appraisal reports exchanged
6. Compliance with the Rules in matrimonial X
actions(22NYCRR 202.16)
7. Discovery proceedings now know to be X
necessary completed
8. There are no outstanding requests for discovery.
9. There has been a reasonable opportunity to complete the foregoing proceedings.
10. There has been compliance with any order issued pursuant to the Precalendar Rules (22 NYCRR
202.12).
11. If a medical malpractice action, there has been compliance with any order issued pursuant to 22
NYCRR 202.56.
12. The case is ready for trial.
Dated; March 12, 2024
By: Allen Goldberg
SALERNO & GOLDBERG P.O.
1955 Deer Park Avenue
Deer Park, New York 11729
(631)482-8888
RIDER ANNEXED HERETO FOR AFFIDAVIT OF SERVICE
2 of 6
FILED: BRONX COUNTY CLERK 05/10/2024
03/12/2024 12:15
02:25 PM INDEX NO. 810826/2022E
NYSCEF DOC. NO. 33
21 RECEIVED NYSCEF: 05/10/2024
03/12/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
.X Index No.: 810826/2022E
REOINA VAZQUEZ,
Plaintiff, AFFIRMATION
OF COMPLIANCE
-against-
JOHN ALEJANDRO ORTIZ,"JOHN DOE"(name
is unknown to plaintiff and said fictitious name is
intended to designate the operator of a vehicle owned
by John Alejandro Ortiz on 3/5/22 at approximately
6:44 p.m. at or about W. Mount Eden Avenue &
Jerome Avenue, Bronx, NY),RASIER-NY,LLC,
UBER TECHNOLOGIES,INC. and UBER USA,LLC,
Defendants.
ALLEN GOLDBERG,an attorney admitted to practice before the Courts of this State
affirms the truth of the following under the penalty of perjury.
1.1 am an attorney for plaintiff herein and as such, am fully familiar with the facts and
circumstances herein.
2.1 submit this affirmation is submitted in connection with the filing ofa Note ofIssue.
3. Issue was joined in this matter on September 1,2022.
4. All discovery in this matter is complete.
WHEREFORE, it is respectfully requested that the within action be notice for trial,
together with such further relief as this Court may deem just and proper.
Dated: Deer Park, New York
March 12,2024
ALLEN GOLDBERG
3 of 6
FILED: BRONX COUNTY CLERK 05/10/2024
03/12/2024 12:15
02:25 PM INDEX NO. 810826/2022E
NYSCEF DOC. BRONX
IFILED; NO. 33
21 COUNTY CLERK 03/08/2024 02:24 PMl RECEIVED
INDEXNYSCEF: 03/12/2024
05/10/2024
NO. 81O026/2O22E
NYSCEF DOC, NO. 20 RECEUKID/ONNA FLACK
Swom to before me this 12"*
d^fMarch,2024
Jotary Public
yorkI
5 of 6
FILED: BRONX COUNTY CLERK 05/10/2024
03/12/2024 12:15
02:25 PM INDEX NO. 810826/2022E
NYSCEF DOC. NO. 33
21 RECEIVED NYSCEF: 05/10/2024
03/12/2024
Index No.810826/2022E
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
REGINA VAZQUEZ,
Plaintiff,
-against-
JOHN ALEJANDRO ORTIZ,"JOHN DOE"(neime is unknown to plaintiff and said fictitious
name is intended to designate the operator of a vehicle owned by John Alejandro Ortiz on 3/5/22
at approximately 6:44 p.m. at or about W. Mount Eden Avenue & Jerome Avenue, Bronx, NY),
RASIER-NY,LLC,ODER TECHNOLOGIES,INC. and UBER USA,LLC,
Defendants.
NOTE OF ISSUE AND CERTIFICATE OF READINESS
SALERNO & GOLDBERG P.C.
Attorneysfor Plaintiff
1955 Deer Park Avenue
Deer Park, New York 11729
(631)482-8888
6 of 6
Preview
FILED: BRONX COUNTY CLERK 05/10/2024 12:15 PM INDEX NO. 810826/2022E NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 05/10/2024 EXHIBIT I FILED: BRONX COUNTY CLERK 05/10/2024 03/12/2024 12:15 02:25 PM INDEX NO. 810826/2022E NYSCEF DOC. NO. 33 21 RECEIVED NYSCEF: 05/10/2024 03/12/2024 Calendar No.: NOTE OF ISSUE For use of clerk Index No.: 810826/2022E HON.JOHN A. HOWARD Supreme Court Bronx County Name of Judge Assigned REGINA VAZQUEZ, NOTICE FOR TRIAL X]Trial byjury demanded Plaintiff, }00f all issues Dfissues specified below -against- or attached hereto Trial withoutjury JOHN ALEJANDRO ORTIZ,"JOHN DOE" Filed by attorney for plaintiff (name is unknown to plaintiff and said fictitious Date summons served: 8/15/22 name is intended to designate the operator of a Date service completed: 8/20/22 vehicle owned by John Alejandro Ortiz on 3/5/22 Date issue joined: 9/1/22 at approximately 6:44 p.m. at or about W. Mount Eden Avenue & Jerome Avenue, Bronx, NY), RASIER-NY,LLC,UBER TECHNOLOGIES, INC. and UBER USA,LLC, Defendants. NATURE OF ACTION OR SPECIAL PROCEEDING [x] Tort:[XlMotor vehicle negligence Medical malpractice Other tort Contract Contested matrimonial Uncontested matrimonial Tax certiorari Condemnation n Other(not itemized above)specify This action is brought as a class action This is a medical malpractice action: panel procedures prescribed by court rules pursuant to Jud. § 148-a.have been completed - I -have not been completed Amount demanded $2,000,000.00 Other relief Special preference claimed under C.P.L.R. 3403falt3l on the ground that plaintiff sustained serious and protracted injuries. Insurance carrier(s), if known: American Transit Insurance SALERNO & GOLDBERG P.O. BAKER MCEVOY & MOSKOVITS P.O. Attorneys for Plaintiff Attorneys for Defendant 1955 Deer Park Avenue JOHN ALEJANDRO ORTIZ Deer Park, New York 11729 5 Broadway, Suite 3 (631)482-8888 Freeport,NY 11520 (212)857-8230 WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY LLP Attorneys for Defendants RASIER-NY,LLC,UBER TECHNOLOGIES,INC. and UBER USA,LLC 1500 Broadway,Suite 2401 New York, NY 10036 (929)342-6000 NOTE: Clerk will not accept this note of issue unless accompanied by a certificate of readiness, or, in a medical malpractice action, unless, where applicable, the certificate ofreadiness previously has been filed and the panel procedures prescribed y court rules pursuant to § 148-a of the Judiciary Law have been completed. 1 of 6 FILED: BRONX COUNTY CLERK 05/10/2024 03/12/2024 12:15 02:25 PM INDEX NO. 810826/2022E NYSCEF DOC. NO. 33 21 RECEIVED NYSCEF: 05/10/2024 03/12/2024 CERTIFICATE OF READINESS FOR TRIAL For Clerk's Use N.I served on Completed Waived Not requin 1. All pleadings served X 2. Bill of Particulars served X 3. Physical examinations completed X 4. Medical reports exchanged X 5. Appraisal reports exchanged 6. Compliance with the Rules in matrimonial X actions(22NYCRR 202.16) 7. Discovery proceedings now know to be X necessary completed 8. There are no outstanding requests for discovery. 9. There has been a reasonable opportunity to complete the foregoing proceedings. 10. There has been compliance with any order issued pursuant to the Precalendar Rules (22 NYCRR 202.12). 11. If a medical malpractice action, there has been compliance with any order issued pursuant to 22 NYCRR 202.56. 12. The case is ready for trial. Dated; March 12, 2024 By: Allen Goldberg SALERNO & GOLDBERG P.O. 1955 Deer Park Avenue Deer Park, New York 11729 (631)482-8888 RIDER ANNEXED HERETO FOR AFFIDAVIT OF SERVICE 2 of 6 FILED: BRONX COUNTY CLERK 05/10/2024 03/12/2024 12:15 02:25 PM INDEX NO. 810826/2022E NYSCEF DOC. NO. 33 21 RECEIVED NYSCEF: 05/10/2024 03/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX .X Index No.: 810826/2022E REOINA VAZQUEZ, Plaintiff, AFFIRMATION OF COMPLIANCE -against- JOHN ALEJANDRO ORTIZ,"JOHN DOE"(name is unknown to plaintiff and said fictitious name is intended to designate the operator of a vehicle owned by John Alejandro Ortiz on 3/5/22 at approximately 6:44 p.m. at or about W. Mount Eden Avenue & Jerome Avenue, Bronx, NY),RASIER-NY,LLC, UBER TECHNOLOGIES,INC. and UBER USA,LLC, Defendants. ALLEN GOLDBERG,an attorney admitted to practice before the Courts of this State affirms the truth of the following under the penalty of perjury. 1.1 am an attorney for plaintiff herein and as such, am fully familiar with the facts and circumstances herein. 2.1 submit this affirmation is submitted in connection with the filing ofa Note ofIssue. 3. Issue was joined in this matter on September 1,2022. 4. All discovery in this matter is complete. WHEREFORE, it is respectfully requested that the within action be notice for trial, together with such further relief as this Court may deem just and proper. Dated: Deer Park, New York March 12,2024 ALLEN GOLDBERG 3 of 6 FILED: BRONX COUNTY CLERK 05/10/2024 03/12/2024 12:15 02:25 PM INDEX NO. 810826/2022E NYSCEF DOC. BRONX IFILED; NO. 33 21 COUNTY CLERK 03/08/2024 02:24 PMl RECEIVED INDEXNYSCEF: 03/12/2024 05/10/2024 NO. 81O026/2O22E NYSCEF DOC, NO. 20 RECEUKID/ONNA FLACK Swom to before me this 12"* d^fMarch,2024 Jotary Public yorkI 5 of 6 FILED: BRONX COUNTY CLERK 05/10/2024 03/12/2024 12:15 02:25 PM INDEX NO. 810826/2022E NYSCEF DOC. NO. 33 21 RECEIVED NYSCEF: 05/10/2024 03/12/2024 Index No.810826/2022E SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX REGINA VAZQUEZ, Plaintiff, -against- JOHN ALEJANDRO ORTIZ,"JOHN DOE"(neime is unknown to plaintiff and said fictitious name is intended to designate the operator of a vehicle owned by John Alejandro Ortiz on 3/5/22 at approximately 6:44 p.m. at or about W. Mount Eden Avenue & Jerome Avenue, Bronx, NY), RASIER-NY,LLC,ODER TECHNOLOGIES,INC. and UBER USA,LLC, Defendants. NOTE OF ISSUE AND CERTIFICATE OF READINESS SALERNO & GOLDBERG P.C. Attorneysfor Plaintiff 1955 Deer Park Avenue Deer Park, New York 11729 (631)482-8888 6 of 6