On July 17, 2019 a
Motion-Secondary
was filed
involving a dispute between
Alan Stein,
Dina Stein,
and
David Goldberg,
for Torts - Motor Vehicle
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 12/04/2019 04:24 PM INDEX NO. 157010/2019
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
DINA STEIN and ALAN STEIN,
AFFIDAVIT OF
Plaintiff, DINA STEIN
-against-
Index No. 157010/19
DAVID GOLDBERG,
Defendant.
STATE OF NEW YORK )
:ss
COUNTY OF NEW YORK )
DINA STEIN, being duly sworn, does hereby state the following to be
true under the penalties of perjury:
1. I am the plaintiff in the above-referenced action and as such
have personal knowledge of the facts and circumstances hereinafter set forth. I
submit this affidavit in support of my motion for summary judgment on the issue
of liability and to dismiss the defendant's fourth affirmative defense for culpable
conduct / contributory negligence.
2. On January 29, 2019, at approximately 6:15 p.m., I was
walking to my choral group when I came to the intersection of West End Avenue
96111
and West Street in New York, New York. It was my intention to cross West
96tli
Street, from the southwest corner to the northwest corner.
96th
3. At this intersection, West Street is a two-way street that
proceeds east/west with two lanes in each direction and on both
moving parking
1 of 3
FILED: NEW YORK COUNTY CLERK 12/04/2019 04:24 PM INDEX NO. 157010/2019
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2019
96th line. Below West
sides. Traffic on West Street is separated by a double-yellow
96th West End Avenue is a street that proceeds north/south with
Street, two-way
one lane and a left-hand turn lane north, two moving lanes
moving proceeding
proceeding south, and parking on both sides. There are marked pedestrian
966)
crosswalks that cross West Street, together with pedestrian signals on both
sides of the street. Photographs that fairly and accurately depict the intersection as
it appeared at the time of the incident are annexed to my motion as Exhibit "C".
96th
4. When I was at the corner of West Street and West End
96th
Avenue, I saw the pedestrian signal on the other side of West Street. The
West 96th
pedestrian signal on the other side of Street depicted a walking man, i.e.,
"WALK".
5. Before I crossed the street, I looked both ways for any oncoming
96th
traffic, including any vehicles that might be turning onto West Street from
West End Avenue. Not observing any oncoming traffic and reasonably believing it
and 96th
was safe to cross, I stepped off the curb began to cross West Street, within
the crosswalk and with the pedestrian signal in my favor.
6. I had already crossed two moving lanes and was beyond the
on 96th
double-yellow line that separates eastbound / westbound traffic West
Street when I was struck by the defendant's car which was making a left turn from
96th
West End Avenue onto West Street.
7. There is no defense to my cause of action for negligence. At the
time I was struck the defendant's I was West 96th
by car, crossing Street within the
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FILED: NEW YORK COUNTY CLERK 12/04/2019 04:24 PM INDEX NO. 157010/2019
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2019
crosswalk and with the pedestrian signal in my favor. The happening of this
incident was entirely the fault of the defendant who failed to yield the right of way
to me.
8. Accordingly, I respectfully request that the Court grant my
motion for summary judgment on the issue of liability and dismiss the defendant's
affirmative defenses for culpable conduct / contributory negligence.
DINA STEIN
Swor to before me this
26 day of November, 2019
N AR PUBLIC
JONATHAN R. RATCHIK
NotaryPublic,Stateof New York
No. 02RA6007397
Qualifiedin NewYork County
Commission ExpiresMay 18,20£2.
3
3 of 3
Document Filed Date
December 04, 2019
Case Filing Date
July 17, 2019
Category
Torts - Motor Vehicle
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Preview
FILED: NEW YORK COUNTY CLERK 12/04/2019 04:24 PM INDEX NO. 157010/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK DINA STEIN and ALAN STEIN, AFFIDAVIT OF Plaintiff, DINA STEIN -against- Index No. 157010/19 DAVID GOLDBERG, Defendant. STATE OF NEW YORK ) :ss COUNTY OF NEW YORK ) DINA STEIN, being duly sworn, does hereby state the following to be true under the penalties of perjury: 1. I am the plaintiff in the above-referenced action and as such have personal knowledge of the facts and circumstances hereinafter set forth. I submit this affidavit in support of my motion for summary judgment on the issue of liability and to dismiss the defendant's fourth affirmative defense for culpable conduct / contributory negligence. 2. On January 29, 2019, at approximately 6:15 p.m., I was walking to my choral group when I came to the intersection of West End Avenue 96111 and West Street in New York, New York. It was my intention to cross West 96tli Street, from the southwest corner to the northwest corner. 96th 3. At this intersection, West Street is a two-way street that proceeds east/west with two lanes in each direction and on both moving parking 1 of 3 FILED: NEW YORK COUNTY CLERK 12/04/2019 04:24 PM INDEX NO. 157010/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2019 96th line. Below West sides. Traffic on West Street is separated by a double-yellow 96th West End Avenue is a street that proceeds north/south with Street, two-way one lane and a left-hand turn lane north, two moving lanes moving proceeding proceeding south, and parking on both sides. There are marked pedestrian 966) crosswalks that cross West Street, together with pedestrian signals on both sides of the street. Photographs that fairly and accurately depict the intersection as it appeared at the time of the incident are annexed to my motion as Exhibit "C". 96th 4. When I was at the corner of West Street and West End 96th Avenue, I saw the pedestrian signal on the other side of West Street. The West 96th pedestrian signal on the other side of Street depicted a walking man, i.e., "WALK". 5. Before I crossed the street, I looked both ways for any oncoming 96th traffic, including any vehicles that might be turning onto West Street from West End Avenue. Not observing any oncoming traffic and reasonably believing it and 96th was safe to cross, I stepped off the curb began to cross West Street, within the crosswalk and with the pedestrian signal in my favor. 6. I had already crossed two moving lanes and was beyond the on 96th double-yellow line that separates eastbound / westbound traffic West Street when I was struck by the defendant's car which was making a left turn from 96th West End Avenue onto West Street. 7. There is no defense to my cause of action for negligence. At the time I was struck the defendant's I was West 96th by car, crossing Street within the 2 of 3 FILED: NEW YORK COUNTY CLERK 12/04/2019 04:24 PM INDEX NO. 157010/2019 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2019 crosswalk and with the pedestrian signal in my favor. The happening of this incident was entirely the fault of the defendant who failed to yield the right of way to me. 8. Accordingly, I respectfully request that the Court grant my motion for summary judgment on the issue of liability and dismiss the defendant's affirmative defenses for culpable conduct / contributory negligence. DINA STEIN Swor to before me this 26 day of November, 2019 N AR PUBLIC JONATHAN R. RATCHIK NotaryPublic,Stateof New York No. 02RA6007397 Qualifiedin NewYork County Commission ExpiresMay 18,20£2. 3 3 of 3