Preview
FILED: NEW YORK COUNTY CLERK 06/13/2024 05:19 PM INDEX NO. 155459/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------X Index No.:
KALIADA VARONA,
SUMMONS
Plaintiff,
Plaintiff designates New
-against- York County as the place of
trial.
KESIA GIRON, METROPOLITAN TRANSPORTATION The basis of venue is the
AUTHORITY, and NEW YORK CITY TRANSIT place of occurrence.
AUTHORITY,
Defendants. County of New York
----------------------------- --------------------------------------X
To the above-named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer, or, if the complaint is not served with the summons, to serve a notice
of appearance on the Plaintiff(s) Attorney within twenty (20) days after the service of this
supplemental summons, exclusive of the day of service (or within thirty (30) days after the service
in complete if this summons is not personally delivered to you within the State of New York); and
in case of your failure to appear or answer, judgment will be taken against you by default for the
relief demanded herein.
Dated: Brooklyn, New York
June 13, 2024
ERIK ILOV, ESQ.
Ikhilov & Associates
Attorneys for Plaintiff
76 W. Brighton Ave, Ste. 212
Brooklyn, New York 11224
718-336-4999
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Defendants' Addresses:
Kesia Giron
11 Oskar Dr
Mahopac, NY 10541
Metropolitan Transportation Authority
2 Broadway
NewYork, NY 10004
NewYork City Transit Authority
130 Livingston St
Brooklyn, NY 11201
.
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SUPREMECOURTOFTHESTATEOFNEWYORK Index No.:
COUNTYOFNEWYORK
--------------------------------------------------------------X
KALIADA VARONA, VERIFIED
COMPLAINT
Plaintiff,
-against-
KESIA GIRON, METROPOLITANTRANSPORTATION
AUTHORITY,and NEWYORKCITY TRANSIT
AUTHORITY,
Defendants.
-------------------..-----------------------------------X
Plaintiff KALIADA VARONA,by her attorneys, IKHILOV & ASSOCIATES,as and for
her Verified Complaint against the Defendants, KESIA GIRON, METROPOLITAN
AUTHORITY(hereinafter
TRANSPORTATION referred to as "MTA"), and NEWYORKCITY
TRANSIT AUTHORITY (hereinafter referred to as "NYCTA"), respectfully alleges, upon
information and belief as follows:
NATUREOFTHEACTION
1. This is an action to recover money damages arising out of a motor vehicle accident.
JURISDICTION ANDVENUE
2. The basis of venue is the place of occurrence; Dyckman Street, at or near its intersection
with Broadway, in the County of New York, State of NewYork ("the aforementioned
location").
JURYDEMAND
3. Plaintiff, KALIADA VARONA, demands a trial by jury in this action.
PARTIES
4. That at all times hereinafter mentioned, Plaintiff KALIADA VARONA,was and still is a
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resident of the County of Bergen, in the State of New Jersey.
5. That at all times mentioned, Defendant KESIA
hereinafter GIRON, was and still is a
resident of the County of Bronx, in the State of NewYork.
6. That at all times hereinafter
mentioned, NYCTAwas and still a municipal corporation
is
and/or municipal agency duly organized and existing under and by the virtue of the laws
of the State of New York.
7. That at all times hereinafter mentioned, MTAwas and still is a municipal corporation
and/or municipal agency duly organized and existing under and by the virtue of the laws
of the State of New York.
8. That on September 29, 2023, a Notice of Claim was served upon NYCTAon behalf of
Plaintiff KALIADA VARONA,within 90 days of the date the claim herein accrued.
9. That on September 29, 2023, a Notice of Claim was served upon MTAon behalf of Plaintiff
KALIADA VARONA,within 90 days of the date the claim herein accrued.
10. That more than 30 days have elapsed since service of the aforesaid Notice of Claim, and
the NYCTAand/or MTAhas failed to adjust the claim herein.
11. That this action has been commenced within one (1) year and ninety (90) days of the date
the claim herein accrued.
12. That Plaintiff KALIADA VARONA
has complied with all conditions precedent to the
commencement of the subject action.
13. That on or about August 28, 2023, Plaintiff KALIADA VARONA was the lawful operator
of a 2019 International motor vehicle with New Jersey license plate XGTU69(hereinafter
referred to as "vehicle one").
14. That on or about August 28, 2023, NYCTAwas the lawful owner of a 2019 Nova Bus
Motor Vehicle with NewYork license plate BB8980 (hereinafter referred to as "vehicle
two").
15. That on or about August 28, 2023, MTAwas the lawful owner of vehicle two.
16. On or about August 28, 2023, and at all times relevant herein, Plaintiff KALIADA
VARONA was the operator of vehicle one, traveling at the aforementioned location.
17. On or about August 28, 2023, and at all times relevant herein, Defendant KESIA GIRON
was the operator of vehicle two, traveling at the aforementioned location.
18. At all times relevant herein, Defendant KESIA GIRON had an ownership interest in
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vehicle two.
19. At all times relevant herein, Defendant KESIA GIRONmanaged vehicle two.
20. At all times relevant herein, Defendant KESIA GIRONmaintained vehicle two.
21. At all times relevant herein, Defendant KESIA GIRONcontrolled vehicle two.
22. At all times relevant herein, Defendant KESIA GIRONoperated vehicle two.
23. At all times relevant herein, Defendant KESIA GIRONinspected vehicle two.
24. At all times relevant herein, Defendant KESIA GIRONrepaired vehicle two.
25. At all times relevant herein, Defendant KESIA GIRONleased vehicle number two.
26. At all times relevant herein, Defendant KESIA GIRONwas the lessee of vehicle two.
27. At times relevant herein, KESIA GIRONwas in physical control and/or operation of
all
vehicle two with the express permission of a person or entity authorized to give such
permission.
28. At all times relevant herein, Defendant KESIA GIRONdrove vehicle two with implied
consent of NYCTA.
29. At all times relevant herein, Defendant KESIA GIRONdrove vehicle two with implied
consent of MTA.
30. At all times relevant herein, Defendant KESIA GIRONdrove vehicle two with permission
of NYCTA.
31. At all times relevant herein, Defendant KESIA GIRONdrove vehicle two with permission
of MTA.
32. At times relevant herein, Defendant KESIA GIRONdrove vehicle
all
two in the course of
his employment and/or independent contract with NYCTA.
33. At times relevant herein, Defendant KESIA GIRONdrove vehicle
all
two in the course of
his employment and/or independent contract with MTA.
34. At times relevant herein, Defendant
all KESIA GIRONdrove vehicle two in furtherance
of the municipal business of NYCTA.
35. At times relevant herein, Defendant
all KESIA GIRONdrove vehicle two in furtherance
of the municipal business of MTA.
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36. At all times relevant herein, NYCTAowned vehicle two.
37. At all times relevant herein, NYCTAhad an ownership interest in vehicle two.
38. At all times relevant herein, NYCTAwas the registrant of vehicle two.
39. At all times relevant herein, NYCTAmanagedvehicle two.
40. At all times relevant herein, NYCTAmaintained vehicle two.
41. At all times relevant herein, NYCTAinspected vehicle two.
42. At all times relevant herein, NYCTArepaired vehicle two.
43. At all times relevant herein, NYCTAleased vehicle two.
44. At all times relevant herein, NYCTAwas the lessee of vehicle two.
45. At all times relevant herein, MTAowned vehicle two.
46. At all times relevant herein, MTAhad an ownership interest in vehicle two.
47. At all times relevant herein, MTAwas the registrant of vehicle two.
48. At all times relevant herein, MTAmanaged vehicle two.
49. At all times relevant herein, MTAmaintained vehicle two.
50. At all times relevant herein, MTAinspected vehicle two.
51. At all times relevant herein, MTArepaired vehicle two.
52. At all times relevant herein, MTAleased vehicle two.
53. At all times relevant herein, MTAwas the lessee of vehicle two.
54. The limitations on liability set forth in CPLRSection 1601 do not apply to this action.
55. The limitations on liability set forth in CPLRSection 1601 do not apply to this action by
reason of one or more of the exemptions set forth in CPLRSection 1602, including, but not limited
to, Sections 1602(2)(iv), 1602(4), 1602(7) and 1602(8).
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STATEMENT
OFFACTS
56. On or about, August 28, 2023, and at all times herein mentioned, the aforementioned
location was and still is a public street and/or thoroughfare.
57. On or about August 28, 2023, Plaintiff, KALIADA VARONA,was operating vehicle one
at the aforementioned location.
58. On or about August 28, 2023, Defendant KESIA GIRONwas operating vehicle two at the
aforementioned location.
59. Onor
about August 28, 2023, and at all times relevant herein, there was contact between
the aforementioned vehicles (hereinafter referred to as "the aforesaid contact") at the
aforementioned location.
60. At the time of the aforesaid contact, the defendants herein operated vehicle two in such a
manner as to cause the aforesaid contact.
61. The aforesaid contact was severe and violent.
62. The said and aforesaid contact at the aforementioned location was the result of,
accident
caused and occasioned through and by reason of the carelessness and negligence of the defendants
herein, and each of them, their agents, servants, and/or employees, in the ownership, operation,
maintenance, inspection, repair, custody and control of vehicle two; in carelessly and negligently
operating vehicle two at a fast and excessive rate of speed under
the circumstances and conditions
then and there prevailing; in failing to be reasonably alert; in failing to give notice or warning of
the approach of vehicle two prior to the contact and collision; in failing to obey traffic control
devices at the aforementioned time and place; in failing to heed and obey traffic regulations at the
aforementioned time and place; in failing to make adequate and proper use of brakes, horns, signals
and steering mechanisms prior to the said contact and collision; in failing to operate vehicle two
in a reasonable safe manner and distance; in failing to exercise and maintain reasonable and proper
control over vehicle two; in losing control of vehicle two; in failing to avoid a collision and contact
with vehicle one; in to yield the right of way; in operating vehicle two in a dangerous
failing
manner; in operating two in an unsafe and negligent manner; in failing to act as reasonable,
vehicle
safe and prudent driver of vehicle two; in allowing a negligent and careless driver to operate
vehicle two; in the negligent hiring, training, and retention of their agents, servants and/or
employees, and in particular, defendant driver KESIA GIRON; in the negligent entrustment of
vehicle two by Defendants, NYCTA and MTA; in failing to accurately report the subject accident
to USDOT; in violating and failing to comply with the laws, codes, rules, statutes and ordinances
in effect at the aforementioned time and place; and defendants, and each of them, were otherwise
careless and negligent in the ownership and operation of vehicle two.
63. As a result of the aforesaid contact, Plaintiff was injured at the aforementioned location.
64. As a result of the aforesaid contact, Plaintiff was seriously injured at the aforementioned
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location.
"serious"
sustained a as such term is
65. As a of the aforesaid contact, Plaintiff
result injury
defined in Section 5102 of the Insurance Law of the State of New York, and being a
covered
person claiming against a covered person, is entitled to recover for non-economic loss, including
disfigurement and disability. Moreover, Plaintiff is entitled to recover for such
pain, suffering,
economic loss as exceeds basic economic loss.
did not engage in any conduct that contributed to the
66. At all times relevant herein, Plaintiff
aforesaid contact.
67. At all times relevant herein, Plaintiff did not engage in any conduct that was a substantial
factor in causing the aforesaid contact.
AS ANDFORA FIRST CAUSEOFACTION
AGAINST DEFENDANT KESIA GIRON
Plaintiff reiterates and realleges each and every allegation contained in the
68. repeats,
paragraphs with the same force and effect as if fully set forth herein at length.
preceding
69. Defendant KESIA GIRONwas negligent and indulgedconduct by reason of
in culpable
operation, maintenance, management and control of
vehicle two; in
carelessness in the ownership,
and care for vehicle two; in failing to have same under
failing to properly maintain, repair,
reasonable and proper control; in failing to keep a proper lookout upon a roadway; in failing to
and proper warning of the movements of said motor vehicles; in failing to heed traffic
give due
plaintiff' the plaintiff's
in striking the vehicle; in failing to use turn signals and striking
controls;
to yield the right of way to the plaintiff's vehicle; in failing to signal or give
vehicle; in failing
signals; in failing to afford Plaintiff, KALIADA VARONA,
a reasonable opportunity to reach a
contact with such objects
place of safety; in operating vehicle two as to cause the sameto come into
and/or such persons as involved in said accident; in so operating vehicle two as to cause the same
to be in such a position at the aforementioned location as to endanger the safety of others; in
such location as to cause the same to be of danger to
operating said vehicle two at such speeds at
and in violating the statutes, ordinances and regulations, of which the Court will take
others;
judicial notice, and in such cases made and provided.
70. At all times relevant herein, it duty of Defendant KESIA
was the GIRON and/or
Defendant's agents, servants, and/or employees to maintain, repair, inspect, control, manage, and
operate vehicle two with due care.
71. At all times relevant herein, Defendant KESIA GIRON and his agents and employees
manage, and operate vehicle two with due care.
breached their duty to maintain, inspect, control,
72. Attimes relevant herein,
all it was the duty of Defendant KESIA GIRON and/or
Defendant's agents, and/or employees to supervise those employees, agents, and/or servants who
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assisted in the maintenance, repair, control, management, and operation of vehicle two with due
care.
73. At all times relevant herein, Defendant KESIA GIRON
and/or Defendant's agents and/or
employees breached their duty to supervise those employees, agents, and/or
servants who assisted
in the maintenance, repair, control, management, and operation of vehicle two with due care.
74. The aforesaid conduct and breach of duties of Defendant KESIA GIRONcaused the
aforesaid contact at the aforementioned location.
75. The aforesaid conduct and breach of of Defendant KESIA
duties GIRONwas a substantial
factor in causing the aforesaid contact at the aforementioned location.
76. As a of the foregoing, Plaintiff
result was seriously injured as aforementioned and were,
inter alia, caused severe and permanent personal injuries, and suffered emotional distress, mental
anguish, fear, pain, embarrassment, and humiliation.
77. As a result of the foregoing, Plaintiff was damaged in a sum of money having a present
value that exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction over this matter.
AS ANDFORA SECONDCAUSEOFACTION
AGAINST MTA
Plaintiff reiterates and realleges each and every allegation contained in the
78. repeats,
paragraphs with the same force and effect as if fully set forth herein at length.
preceding
79. MTAwas negligent conduct by reason of carelessness in the
and indulged in culpable
ownership, operation, maintenance, management and control
of vehicle two; in failing to properly
to have same under reasonable and proper
maintain, repair, and care for vehicle two; in failing
control; in failing to file an accurate accident report as required by USDOT;in filing a fraudulent
accident report; in failing to file an accident report with NYCTA; and in violating the statutes,
ordinances and of which the Court will take judicial notice, and in such cases made
regulations,
and provided.
80. At all times relevant herein, it was the duty of MTAand/or MTA's agents, servants, and/or
employees to maintain, repair, inspect, control, manage, and operate vehicle two with due care.
81. At
times relevant
all herein, MTAand/or MTA's agents, servants, independent contractors,
and/or employees breached their duty to maintain, repair, inspect, control, manage, and operate
vehicle two with due care.
82. At all times relevant herein, it was the duty of MTAand/or MTA's agents, servants, and/or
employees to supervise those employees, agents, and/or servants who assisted in the maintenance,
repair, control, management, and operation of vehicle two with due care.
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83. At all times relevant herein, MTA and/or MTA's agents, servants, and/or employees
breached their duty to supervise employees, agents, and/or servants who
those assisted in the
maintenance, repair, control, management, and operation of vehicle two with due care.
84. The aforesaid conduct and breach of dutiesof MTAand/or MTA's agents, servants, and/or
employees caused the aforesaid contact at the aforementioned location.
85. The aforesaid conduct and breach of duties of MTA and/or MTA's agents, servants,
independent and/or employees was a substantial factor in causing the aforesaid contact
contractors,
at the aforementioned location.
86. As a of the foregoing, Plaintiff
result was seriously injured as aforementioned and was,
inter alia, caused severe and permanent personal injuries, and suffered emotional distress, mental
anguish, fear, pain, embarrassment, and humiliation.
87. As a result of the foregoing, Plaintiff was damaged in a sum of money having a present
value that exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction over this matter.
AS ANDFORA THIRD CAUSEOFACTION
FORNEGLIGENT, HIRING, RETENTION,AND
TRAINING AGAINST MTA
88. Plaintiff reiterates and realleges each and every allegation contained in the
repeats,
paragraphs with the same force and effect as if fully set forth herein at length.
preceding
89. That MTA
was responsible for hiring agents, servants and/or employees that were
competent and capable of properly out their job without causing injury to persons
carrying
including the plaintiff herein.
90. That MTAwas responsible for training all agents, servants, independent contractors and/or
out their job without
employees so that they would be competent and capable of properly carrying
to persons including the plaintiff herein.
causing injury
91. That MTA
its agents, servants and/or employees were negligent in the hiring, training,
retention and supervision of KESIA GIRON; in failing to investigate and determine whether
KESIA GIRONwas competent, and capable to carry out his job and observe necessary safety
precautions; in failing to check the driving record, history and ability of KESIA GIRON; in failing
to assure that KESIA GIRONwas properly trained in the operation and safety of the vehicle two;
entrusting KESIA GIRONwith operation of
in negligently the vehicle two; in negligently hiring
KESIA GIRON; in negligently KESIA GIRON; in negligently
training supervising KESIA
GIRON; in negligently retaining KESIA GIRON; and in violating every rule, regulation, code,
statute or ordinance governing the exercise of reasonable care and due diligence in the ownership,
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maintenance, management and control of the vehicle two including but not limited to
operation,
NYSVTL and FMCSA.
92. That by reason of the foregoing, Plaintiff was rendered sick, sore, lame and disabled,
suffered injuries, both internal and external, pain and mental anguish; were confined to bed and
home; was compelled to seek medical care and attention; past and future economic damages and
upon information and belief, will in the future be compelled to seek medical care and attention;
and was otherwise injured or damaged.
AS ANDFORA FOURTH CAUSEOFACTION
AGAINST NYCTA
93. Plaintiff reiterates and realleges each and every allegation contained in the
repeats,
preceding paragraphs with the same force and effect as if fully set forth herein at length.
94. NYCTAwas negligent and indulged conduct by reason of carelessness in the
in culpable
ownership, operation, maintenance, management and control of vehicle two;
in failing to properly
an accurate accident report as required
maintain, repair, and care for vehicle two; in failing to file
an accident report; and in
by USDOT; in filing a fraudulent accident report; in failing to
file
the statutes, ordinances and regulations, of which the Court will take judicial notice, and
violating
in such cases made and provided.
95. At all times relevant herein, it was the duty of NYCTAand/or NYCTA's agents, servants,
and/or employees to maintain, repair, inspect, control, manage, and operate vehicle two with due
care.
96. At all times relevant herein, NYCTAand/or NYCTA's agents, servants, independent
contractors,and/or employees breached their duty to maintain, repair, inspect, control, manage,
and operate vehicle two with due care.
97. At times relevant herein, it was the duty of NYCTAand/or NYCTA's agents, servants,
all
and/or employees to supervise those employees, and/or agents who assisted in the maintenance,
repair, control, management, and operation of vehicle two with due care.
98. At times relevant herein,
all NYCTA
and/or NYCTA's agents, servants, and/or employees
breached their duty to supervise those employees, and/or agents who assisted in the maintenance,
repair, control, management, and operation of vehicle two with due care.
99. The aforesaid conduct and breach of duties of NYCTAand/or NYCTA's agents, servants,
and/or employees caused the aforesaid contact at the aforementioned location.
100. The aforesaid conduct and breach of duties of NYCTAand/or NYCTA's agents, servants,
independent contractors, and/or employees was a substantial factor in causing the aforesaid contact
at the aforementioned location.
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101. As a result
of the foregoing, Plaintiff was seriously injured as aforementioned and were,
inter alia, caused severe and permanent personal injuries, and suffered emotional distress, mental
anguish, fear, pain, embarrassment, and humiliation.
102. As a result of the foregoing, Plaintiff was damaged in a sum of money having a present
value that exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction over this matter.
AS ANDFORA FIFTH CAUSEOFACTION
FORNEGLIGENT, HIRING, RETENTION,AND
TRAINING AGAINST NYCTA
103. Plaintiff repeats, reiterates and realleges each and every allegation contained in the
preceding paragraphs with the same force and effect as if fully set forth herein at length.
104. That the NYCTA, was responsible for hiring agents, servants and/or employees that were
competent and capable of properly carrying out their job without causing injury to persons
including the plaintiff herein.
105. That the NYCTA,was responsible for training all agents, servants, independent contractors
and/or employees so that they would be competent and capable of properly carrying out their job
without causing injury to persons including the plaintiff herein.
106. That the NYCTA, its agents, servants and/or employees were negligent in the hiring,
training, retention and supervision of KESIA GIRON; in failing to investigate and determine
whether KESIA GIRONwas competent, and capable to carry out his job and observe necessary
safety precautions; in failing to check the driving record, history and ability of KESIA GIRON; in
failing to assure that KESIA GIRONwas properly
trained in the operation and safety of the vehicle
two; in negligently entrusting KESIA GIRONwith operation of the vehicle two; in negligently
hiring KESIA GIRON; in negligently training KESIA GIRON; in negligently supervising KESIA
GIRON; in negligently retaining KESIA GIRON; and in violating every rule, regulation, code,
statute or ordinance governing the exercise of reasonable care and due diligence in the ownership,
operation, maintenance, management and control of the vehicle two including but not limited to
NYSVTL.
107. That by reason of the foregoing, Plaintiff was rendered sick, sore, lame and disabled,
suffered injuries, both internal and external, pain and mental anguish; were confined to bed and
home; was compelled to seek medical care and attention; past and future economic damages and
upon information and belief, will in the future be compelled to seek medical care and attention;
and was otherwise injured or damaged.
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FORRELIEF
PRAYER
WHEREFORE,
Plaintiff, KALIADA VARONA,demandsjudgment
Preview
FILED: NEW YORK COUNTY CLERK 06/13/2024 05:19 PM INDEX NO. 155459/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------X Index No.: KALIADA VARONA, SUMMONS Plaintiff, Plaintiff designates New -against- York County as the place of trial. KESIA GIRON, METROPOLITAN TRANSPORTATION The basis of venue is the AUTHORITY, and NEW YORK CITY TRANSIT place of occurrence. AUTHORITY, Defendants. County of New York ----------------------------- --------------------------------------X To the above-named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with the summons, to serve a notice of appearance on the Plaintiff(s) Attorney within twenty (20) days after the service of this supplemental summons, exclusive of the day of service (or within thirty (30) days after the service in complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. Dated: Brooklyn, New York June 13, 2024 ERIK ILOV, ESQ. Ikhilov & Associates Attorneys for Plaintiff 76 W. Brighton Ave, Ste. 212 Brooklyn, New York 11224 718-336-4999 1 of 14 FILED: NEW YORK COUNTY CLERK 06/13/2024 05:19 PM INDEX NO. 155459/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 Defendants' Addresses: Kesia Giron 11 Oskar Dr Mahopac, NY 10541 Metropolitan Transportation Authority 2 Broadway NewYork, NY 10004 NewYork City Transit Authority 130 Livingston St Brooklyn, NY 11201 . 2 of 14 FILED: NEW YORK COUNTY CLERK 06/13/2024 05:19 PM INDEX NO. 155459/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREMECOURTOFTHESTATEOFNEWYORK Index No.: COUNTYOFNEWYORK --------------------------------------------------------------X KALIADA VARONA, VERIFIED COMPLAINT Plaintiff, -against- KESIA GIRON, METROPOLITANTRANSPORTATION AUTHORITY,and NEWYORKCITY TRANSIT AUTHORITY, Defendants. -------------------..-----------------------------------X Plaintiff KALIADA VARONA,by her attorneys, IKHILOV & ASSOCIATES,as and for her Verified Complaint against the Defendants, KESIA GIRON, METROPOLITAN AUTHORITY(hereinafter TRANSPORTATION referred to as "MTA"), and NEWYORKCITY TRANSIT AUTHORITY (hereinafter referred to as "NYCTA"), respectfully alleges, upon information and belief as follows: NATUREOFTHEACTION 1. This is an action to recover money damages arising out of a motor vehicle accident. JURISDICTION ANDVENUE 2. The basis of venue is the place of occurrence; Dyckman Street, at or near its intersection with Broadway, in the County of New York, State of NewYork ("the aforementioned location"). JURYDEMAND 3. Plaintiff, KALIADA VARONA, demands a trial by jury in this action. PARTIES 4. That at all times hereinafter mentioned, Plaintiff KALIADA VARONA,was and still is a 3 3 of 14 FILED: NEW YORK COUNTY CLERK 06/13/2024 05:19 PM INDEX NO. 155459/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 resident of the County of Bergen, in the State of New Jersey. 5. That at all times mentioned, Defendant KESIA hereinafter GIRON, was and still is a resident of the County of Bronx, in the State of NewYork. 6. That at all times hereinafter mentioned, NYCTAwas and still a municipal corporation is and/or municipal agency duly organized and existing under and by the virtue of the laws of the State of New York. 7. That at all times hereinafter mentioned, MTAwas and still is a municipal corporation and/or municipal agency duly organized and existing under and by the virtue of the laws of the State of New York. 8. That on September 29, 2023, a Notice of Claim was served upon NYCTAon behalf of Plaintiff KALIADA VARONA,within 90 days of the date the claim herein accrued. 9. That on September 29, 2023, a Notice of Claim was served upon MTAon behalf of Plaintiff KALIADA VARONA,within 90 days of the date the claim herein accrued. 10. That more than 30 days have elapsed since service of the aforesaid Notice of Claim, and the NYCTAand/or MTAhas failed to adjust the claim herein. 11. That this action has been commenced within one (1) year and ninety (90) days of the date the claim herein accrued. 12. That Plaintiff KALIADA VARONA has complied with all conditions precedent to the commencement of the subject action. 13. That on or about August 28, 2023, Plaintiff KALIADA VARONA was the lawful operator of a 2019 International motor vehicle with New Jersey license plate XGTU69(hereinafter referred to as "vehicle one"). 14. That on or about August 28, 2023, NYCTAwas the lawful owner of a 2019 Nova Bus Motor Vehicle with NewYork license plate BB8980 (hereinafter referred to as "vehicle two"). 15. That on or about August 28, 2023, MTAwas the lawful owner of vehicle two. 16. On or about August 28, 2023, and at all times relevant herein, Plaintiff KALIADA VARONA was the operator of vehicle one, traveling at the aforementioned location. 17. On or about August 28, 2023, and at all times relevant herein, Defendant KESIA GIRON was the operator of vehicle two, traveling at the aforementioned location. 18. At all times relevant herein, Defendant KESIA GIRON had an ownership interest in 4 4 of 14 FILED: NEW YORK COUNTY CLERK 06/13/2024 05:19 PM INDEX NO. 155459/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 vehicle two. 19. At all times relevant herein, Defendant KESIA GIRONmanaged vehicle two. 20. At all times relevant herein, Defendant KESIA GIRONmaintained vehicle two. 21. At all times relevant herein, Defendant KESIA GIRONcontrolled vehicle two. 22. At all times relevant herein, Defendant KESIA GIRONoperated vehicle two. 23. At all times relevant herein, Defendant KESIA GIRONinspected vehicle two. 24. At all times relevant herein, Defendant KESIA GIRONrepaired vehicle two. 25. At all times relevant herein, Defendant KESIA GIRONleased vehicle number two. 26. At all times relevant herein, Defendant KESIA GIRONwas the lessee of vehicle two. 27. At times relevant herein, KESIA GIRONwas in physical control and/or operation of all vehicle two with the express permission of a person or entity authorized to give such permission. 28. At all times relevant herein, Defendant KESIA GIRONdrove vehicle two with implied consent of NYCTA. 29. At all times relevant herein, Defendant KESIA GIRONdrove vehicle two with implied consent of MTA. 30. At all times relevant herein, Defendant KESIA GIRONdrove vehicle two with permission of NYCTA. 31. At all times relevant herein, Defendant KESIA GIRONdrove vehicle two with permission of MTA. 32. At times relevant herein, Defendant KESIA GIRONdrove vehicle all two in the course of his employment and/or independent contract with NYCTA. 33. At times relevant herein, Defendant KESIA GIRONdrove vehicle all two in the course of his employment and/or independent contract with MTA. 34. At times relevant herein, Defendant all KESIA GIRONdrove vehicle two in furtherance of the municipal business of NYCTA. 35. At times relevant herein, Defendant all KESIA GIRONdrove vehicle two in furtherance of the municipal business of MTA. 5 5 of 14 FILED: NEW YORK COUNTY CLERK 06/13/2024 05:19 PM INDEX NO. 155459/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 36. At all times relevant herein, NYCTAowned vehicle two. 37. At all times relevant herein, NYCTAhad an ownership interest in vehicle two. 38. At all times relevant herein, NYCTAwas the registrant of vehicle two. 39. At all times relevant herein, NYCTAmanagedvehicle two. 40. At all times relevant herein, NYCTAmaintained vehicle two. 41. At all times relevant herein, NYCTAinspected vehicle two. 42. At all times relevant herein, NYCTArepaired vehicle two. 43. At all times relevant herein, NYCTAleased vehicle two. 44. At all times relevant herein, NYCTAwas the lessee of vehicle two. 45. At all times relevant herein, MTAowned vehicle two. 46. At all times relevant herein, MTAhad an ownership interest in vehicle two. 47. At all times relevant herein, MTAwas the registrant of vehicle two. 48. At all times relevant herein, MTAmanaged vehicle two. 49. At all times relevant herein, MTAmaintained vehicle two. 50. At all times relevant herein, MTAinspected vehicle two. 51. At all times relevant herein, MTArepaired vehicle two. 52. At all times relevant herein, MTAleased vehicle two. 53. At all times relevant herein, MTAwas the lessee of vehicle two. 54. The limitations on liability set forth in CPLRSection 1601 do not apply to this action. 55. The limitations on liability set forth in CPLRSection 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLRSection 1602, including, but not limited to, Sections 1602(2)(iv), 1602(4), 1602(7) and 1602(8). 6 6 of 14 FILED: NEW YORK COUNTY CLERK 06/13/2024 05:19 PM INDEX NO. 155459/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 STATEMENT OFFACTS 56. On or about, August 28, 2023, and at all times herein mentioned, the aforementioned location was and still is a public street and/or thoroughfare. 57. On or about August 28, 2023, Plaintiff, KALIADA VARONA,was operating vehicle one at the aforementioned location. 58. On or about August 28, 2023, Defendant KESIA GIRONwas operating vehicle two at the aforementioned location. 59. Onor about August 28, 2023, and at all times relevant herein, there was contact between the aforementioned vehicles (hereinafter referred to as "the aforesaid contact") at the aforementioned location. 60. At the time of the aforesaid contact, the defendants herein operated vehicle two in such a manner as to cause the aforesaid contact. 61. The aforesaid contact was severe and violent. 62. The said and aforesaid contact at the aforementioned location was the result of, accident caused and occasioned through and by reason of the carelessness and negligence of the defendants herein, and each of them, their agents, servants, and/or employees, in the ownership, operation, maintenance, inspection, repair, custody and control of vehicle two; in carelessly and negligently operating vehicle two at a fast and excessive rate of speed under the circumstances and conditions then and there prevailing; in failing to be reasonably alert; in failing to give notice or warning of the approach of vehicle two prior to the contact and collision; in failing to obey traffic control devices at the aforementioned time and place; in failing to heed and obey traffic regulations at the aforementioned time and place; in failing to make adequate and proper use of brakes, horns, signals and steering mechanisms prior to the said contact and collision; in failing to operate vehicle two in a reasonable safe manner and distance; in failing to exercise and maintain reasonable and proper control over vehicle two; in losing control of vehicle two; in failing to avoid a collision and contact with vehicle one; in to yield the right of way; in operating vehicle two in a dangerous failing manner; in operating two in an unsafe and negligent manner; in failing to act as reasonable, vehicle safe and prudent driver of vehicle two; in allowing a negligent and careless driver to operate vehicle two; in the negligent hiring, training, and retention of their agents, servants and/or employees, and in particular, defendant driver KESIA GIRON; in the negligent entrustment of vehicle two by Defendants, NYCTA and MTA; in failing to accurately report the subject accident to USDOT; in violating and failing to comply with the laws, codes, rules, statutes and ordinances in effect at the aforementioned time and place; and defendants, and each of them, were otherwise careless and negligent in the ownership and operation of vehicle two. 63. As a result of the aforesaid contact, Plaintiff was injured at the aforementioned location. 64. As a result of the aforesaid contact, Plaintiff was seriously injured at the aforementioned 7 7 of 14 FILED: NEW YORK COUNTY CLERK 06/13/2024 05:19 PM INDEX NO. 155459/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 location. "serious" sustained a as such term is 65. As a of the aforesaid contact, Plaintiff result injury defined in Section 5102 of the Insurance Law of the State of New York, and being a covered person claiming against a covered person, is entitled to recover for non-economic loss, including disfigurement and disability. Moreover, Plaintiff is entitled to recover for such pain, suffering, economic loss as exceeds basic economic loss. did not engage in any conduct that contributed to the 66. At all times relevant herein, Plaintiff aforesaid contact. 67. At all times relevant herein, Plaintiff did not engage in any conduct that was a substantial factor in causing the aforesaid contact. AS ANDFORA FIRST CAUSEOFACTION AGAINST DEFENDANT KESIA GIRON Plaintiff reiterates and realleges each and every allegation contained in the 68. repeats, paragraphs with the same force and effect as if fully set forth herein at length. preceding 69. Defendant KESIA GIRONwas negligent and indulgedconduct by reason of in culpable operation, maintenance, management and control of vehicle two; in carelessness in the ownership, and care for vehicle two; in failing to have same under failing to properly maintain, repair, reasonable and proper control; in failing to keep a proper lookout upon a roadway; in failing to and proper warning of the movements of said motor vehicles; in failing to heed traffic give due plaintiff' the plaintiff's in striking the vehicle; in failing to use turn signals and striking controls; to yield the right of way to the plaintiff's vehicle; in failing to signal or give vehicle; in failing signals; in failing to afford Plaintiff, KALIADA VARONA, a reasonable opportunity to reach a contact with such objects place of safety; in operating vehicle two as to cause the sameto come into and/or such persons as involved in said accident; in so operating vehicle two as to cause the same to be in such a position at the aforementioned location as to endanger the safety of others; in such location as to cause the same to be of danger to operating said vehicle two at such speeds at and in violating the statutes, ordinances and regulations, of which the Court will take others; judicial notice, and in such cases made and provided. 70. At all times relevant herein, it duty of Defendant KESIA was the GIRON and/or Defendant's agents, servants, and/or employees to maintain, repair, inspect, control, manage, and operate vehicle two with due care. 71. At all times relevant herein, Defendant KESIA GIRON and his agents and employees manage, and operate vehicle two with due care. breached their duty to maintain, inspect, control, 72. Attimes relevant herein, all it was the duty of Defendant KESIA GIRON and/or Defendant's agents, and/or employees to supervise those employees, agents, and/or servants who 8 8 of 14 FILED: NEW YORK COUNTY CLERK 06/13/2024 05:19 PM INDEX NO. 155459/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 assisted in the maintenance, repair, control, management, and operation of vehicle two with due care. 73. At all times relevant herein, Defendant KESIA GIRON and/or Defendant's agents and/or employees breached their duty to supervise those employees, agents, and/or servants who assisted in the maintenance, repair, control, management, and operation of vehicle two with due care. 74. The aforesaid conduct and breach of duties of Defendant KESIA GIRONcaused the aforesaid contact at the aforementioned location. 75. The aforesaid conduct and breach of of Defendant KESIA duties GIRONwas a substantial factor in causing the aforesaid contact at the aforementioned location. 76. As a of the foregoing, Plaintiff result was seriously injured as aforementioned and were, inter alia, caused severe and permanent personal injuries, and suffered emotional distress, mental anguish, fear, pain, embarrassment, and humiliation. 77. As a result of the foregoing, Plaintiff was damaged in a sum of money having a present value that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this matter. AS ANDFORA SECONDCAUSEOFACTION AGAINST MTA Plaintiff reiterates and realleges each and every allegation contained in the 78. repeats, paragraphs with the same force and effect as if fully set forth herein at length. preceding 79. MTAwas negligent conduct by reason of carelessness in the and indulged in culpable ownership, operation, maintenance, management and control of vehicle two; in failing to properly to have same under reasonable and proper maintain, repair, and care for vehicle two; in failing control; in failing to file an accurate accident report as required by USDOT;in filing a fraudulent accident report; in failing to file an accident report with NYCTA; and in violating the statutes, ordinances and of which the Court will take judicial notice, and in such cases made regulations, and provided. 80. At all times relevant herein, it was the duty of MTAand/or MTA's agents, servants, and/or employees to maintain, repair, inspect, control, manage, and operate vehicle two with due care. 81. At times relevant all herein, MTAand/or MTA's agents, servants, independent contractors, and/or employees breached their duty to maintain, repair, inspect, control, manage, and operate vehicle two with due care. 82. At all times relevant herein, it was the duty of MTAand/or MTA's agents, servants, and/or employees to supervise those employees, agents, and/or servants who assisted in the maintenance, repair, control, management, and operation of vehicle two with due care. 9 9 of 14 FILED: NEW YORK COUNTY CLERK 06/13/2024 05:19 PM INDEX NO. 155459/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 83. At all times relevant herein, MTA and/or MTA's agents, servants, and/or employees breached their duty to supervise employees, agents, and/or servants who those assisted in the maintenance, repair, control, management, and operation of vehicle two with due care. 84. The aforesaid conduct and breach of dutiesof MTAand/or MTA's agents, servants, and/or employees caused the aforesaid contact at the aforementioned location. 85. The aforesaid conduct and breach of duties of MTA and/or MTA's agents, servants, independent and/or employees was a substantial factor in causing the aforesaid contact contractors, at the aforementioned location. 86. As a of the foregoing, Plaintiff result was seriously injured as aforementioned and was, inter alia, caused severe and permanent personal injuries, and suffered emotional distress, mental anguish, fear, pain, embarrassment, and humiliation. 87. As a result of the foregoing, Plaintiff was damaged in a sum of money having a present value that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this matter. AS ANDFORA THIRD CAUSEOFACTION FORNEGLIGENT, HIRING, RETENTION,AND TRAINING AGAINST MTA 88. Plaintiff reiterates and realleges each and every allegation contained in the repeats, paragraphs with the same force and effect as if fully set forth herein at length. preceding 89. That MTA was responsible for hiring agents, servants and/or employees that were competent and capable of properly out their job without causing injury to persons carrying including the plaintiff herein. 90. That MTAwas responsible for training all agents, servants, independent contractors and/or out their job without employees so that they would be competent and capable of properly carrying to persons including the plaintiff herein. causing injury 91. That MTA its agents, servants and/or employees were negligent in the hiring, training, retention and supervision of KESIA GIRON; in failing to investigate and determine whether KESIA GIRONwas competent, and capable to carry out his job and observe necessary safety precautions; in failing to check the driving record, history and ability of KESIA GIRON; in failing to assure that KESIA GIRONwas properly trained in the operation and safety of the vehicle two; entrusting KESIA GIRONwith operation of in negligently the vehicle two; in negligently hiring KESIA GIRON; in negligently KESIA GIRON; in negligently training supervising KESIA GIRON; in negligently retaining KESIA GIRON; and in violating every rule, regulation, code, statute or ordinance governing the exercise of reasonable care and due diligence in the ownership, 10 10 of 14 FILED: NEW YORK COUNTY CLERK 06/13/2024 05:19 PM INDEX NO. 155459/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 maintenance, management and control of the vehicle two including but not limited to operation, NYSVTL and FMCSA. 92. That by reason of the foregoing, Plaintiff was rendered sick, sore, lame and disabled, suffered injuries, both internal and external, pain and mental anguish; were confined to bed and home; was compelled to seek medical care and attention; past and future economic damages and upon information and belief, will in the future be compelled to seek medical care and attention; and was otherwise injured or damaged. AS ANDFORA FOURTH CAUSEOFACTION AGAINST NYCTA 93. Plaintiff reiterates and realleges each and every allegation contained in the repeats, preceding paragraphs with the same force and effect as if fully set forth herein at length. 94. NYCTAwas negligent and indulged conduct by reason of carelessness in the in culpable ownership, operation, maintenance, management and control of vehicle two; in failing to properly an accurate accident report as required maintain, repair, and care for vehicle two; in failing to file an accident report; and in by USDOT; in filing a fraudulent accident report; in failing to file the statutes, ordinances and regulations, of which the Court will take judicial notice, and violating in such cases made and provided. 95. At all times relevant herein, it was the duty of NYCTAand/or NYCTA's agents, servants, and/or employees to maintain, repair, inspect, control, manage, and operate vehicle two with due care. 96. At all times relevant herein, NYCTAand/or NYCTA's agents, servants, independent contractors,and/or employees breached their duty to maintain, repair, inspect, control, manage, and operate vehicle two with due care. 97. At times relevant herein, it was the duty of NYCTAand/or NYCTA's agents, servants, all and/or employees to supervise those employees, and/or agents who assisted in the maintenance, repair, control, management, and operation of vehicle two with due care. 98. At times relevant herein, all NYCTA and/or NYCTA's agents, servants, and/or employees breached their duty to supervise those employees, and/or agents who assisted in the maintenance, repair, control, management, and operation of vehicle two with due care. 99. The aforesaid conduct and breach of duties of NYCTAand/or NYCTA's agents, servants, and/or employees caused the aforesaid contact at the aforementioned location. 100. The aforesaid conduct and breach of duties of NYCTAand/or NYCTA's agents, servants, independent contractors, and/or employees was a substantial factor in causing the aforesaid contact at the aforementioned location. 11 11 of 14 FILED: NEW YORK COUNTY CLERK 06/13/2024 05:19 PM INDEX NO. 155459/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 101. As a result of the foregoing, Plaintiff was seriously injured as aforementioned and were, inter alia, caused severe and permanent personal injuries, and suffered emotional distress, mental anguish, fear, pain, embarrassment, and humiliation. 102. As a result of the foregoing, Plaintiff was damaged in a sum of money having a present value that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this matter. AS ANDFORA FIFTH CAUSEOFACTION FORNEGLIGENT, HIRING, RETENTION,AND TRAINING AGAINST NYCTA 103. Plaintiff repeats, reiterates and realleges each and every allegation contained in the preceding paragraphs with the same force and effect as if fully set forth herein at length. 104. That the NYCTA, was responsible for hiring agents, servants and/or employees that were competent and capable of properly carrying out their job without causing injury to persons including the plaintiff herein. 105. That the NYCTA,was responsible for training all agents, servants, independent contractors and/or employees so that they would be competent and capable of properly carrying out their job without causing injury to persons including the plaintiff herein. 106. That the NYCTA, its agents, servants and/or employees were negligent in the hiring, training, retention and supervision of KESIA GIRON; in failing to investigate and determine whether KESIA GIRONwas competent, and capable to carry out his job and observe necessary safety precautions; in failing to check the driving record, history and ability of KESIA GIRON; in failing to assure that KESIA GIRONwas properly trained in the operation and safety of the vehicle two; in negligently entrusting KESIA GIRONwith operation of the vehicle two; in negligently hiring KESIA GIRON; in negligently training KESIA GIRON; in negligently supervising KESIA GIRON; in negligently retaining KESIA GIRON; and in violating every rule, regulation, code, statute or ordinance governing the exercise of reasonable care and due diligence in the ownership, operation, maintenance, management and control of the vehicle two including but not limited to NYSVTL. 107. That by reason of the foregoing, Plaintiff was rendered sick, sore, lame and disabled, suffered injuries, both internal and external, pain and mental anguish; were confined to bed and home; was compelled to seek medical care and attention; past and future economic damages and upon information and belief, will in the future be compelled to seek medical care and attention; and was otherwise injured or damaged. 12 12 of 14 FILED: NEW YORK COUNTY CLERK 06/13/2024 05:19 PM INDEX NO. 155459/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 FORRELIEF PRAYER WHEREFORE, Plaintiff, KALIADA VARONA,demandsjudgment