Preview
FILED: NASSAU COUNTY CLERK 01/29/2020 02:33 PM INDEX NO. 601435/2019
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 01/29/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
INDEX NO. 601435/2019
LAURENT C. PAUL,
Plaintiff,
AFFIDAVIT IN
-against- SUPPORT
DL PETERSON TRUST, THE HOME DEPOT U.S.A., INC. and
LUCIANA C. FERNANDEZ,
Defendants.
John Riconda, an attorney duly admitted to practice law before the Courts in the State of
New York, affirms the following under the penalties of perjury:
1. I am a member of the Law Offices of John Riconda, P.C., the attorneys of record for the
plaintiff,LAURENT C. PAUL, (hereinafter referred to as "PAUL") and as such am fully familiar
with the facts and circumstances herein based upon the contents of the file maintained by this
office.
2. I make this affirmation in support to the within motion by Jeffrey D. Present seeking an
order pursuant to CPLR §2221(a), granting re-argument of the prior Summary Judgment motion of
co-defendants, D.L. PETERSON TRUST and THE HOME DEPOT U.S.A., INC., (hereinafter
"
referred to as D.L. and HOME DEPOT") and upon such re-argument, ordering that the movants,
"
D.L. and HOME DEPOT, are obligated to provide the permissive user of their rental vehicle,
LUCIANNA C. FERNANDEZ (hereinafter referred to as "HERNANDEZ"), required primary
insurance coverages for this accident in the amount of $25,000.00 for injury to one person,
pursuant to Vehicle and Traffic Law §370 (i) and 370 (3), and for such other, further and different .
relief as this Court may deem just and proper.
3. The owner of the motor vehicle in this matter, D.L. and HOME DEPOT, are obligated
to provide primary insurance coverage pursuant to Vehicle and Traffic Law §370 (1) and 370 (3),
to itspermissive user, FERNANDEZ.
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FILED: NASSAU COUNTY CLERK 01/29/2020 02:33 PM INDEX NO. 601435/2019
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 01/29/2020
CONCLUSION
4. Vehicle and Traffic Law §370 (1) and 370 (3) isto protect the public from commercial
renters negligence. Consequently, a commercial vehicle owner/renter are obligated to provide
minimum insurance coverage under Vehicle and Traffic Law §370 (i)and 370 (3) and such
defendants, D.L. and HOME DEPOT, are obligated to provide primary coverage to itspermissive
user, FERNANDEZ, the renter of the subject vehicle pursuant to the New York State minimum
limits of $25,000.00 for injury to one person.
WHEREFORE, itis respectfully requested that the motion be granted n itsentirety, and for
such other and further relief as to this Court may seem just and proper.
I OND
S rn to 'fore m his
a f Jan , 2
NOTARY PUBL
NICOLE TUCKER
NOTARY PUBLIC-STATE OF NEW YORK
No. 01TU6029633
Qualified in Queens County
My Commission ExpiresAugust 23, 2
2 of 4
FILED: NASSAU COUNTY CLERK 01/29/2020 02:33 PM INDEX NO. 601435/2019
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 01/29/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
LAURENT C. PAUL, INDEX NO. 601435/2019
Plaintiff,
AFFIDAVIT OF MAIL
-against- SERVICE
DL PETERSON TRUST, THE HOME DEPOT U.S.A., INC. and
LUCIANA C. FERNANDEZ,
Defendants.
STATE OF NEW YORK
COUNTY OF NASSAU
Elizabeth Catalano, being duly sworn, says:
I am not a party to the action; I reside at Valley Stream, New York, and I am over 18 years
of age.
On January 29, 2020, I served the within AFFIDAVIT IN SUPPORT
by depositing a true copy thereof, enclosed in a post-paid wrapper, in an official depository under
the exclusive care and custody of the United States Postal Service within New York State,
addressed to the following at the lastknown address set forth below:
DE MARTINI & YI, LLP
69 East Jericho Turnpike
Mineola, New York 11501
MONTFORT, HEALY, MCGUIRE & SALLEY
840 Franklin Avenue
P.O. B. 7677
Garden City, New York 11530-7677
ELI7 B TH CATALANO
Sworn t befor me
on Jan ry 29 020
NO ARY UBLIC
NICOLE TUCKER
PUBLIC-STATE OF NEW YORK
NOTARY
No. 017U6029633
Qualified In Queens County
Commission ExpiresAugust 23, 20
My
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FILED: NASSAU COUNTY CLERK 01/29/2020 02:33 PM INDEX NO. 601435/2019
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 01/29/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
Index No. 601435/2019
- ____--- _____ _____--------- ____ _-__________ __-_____ _____-- ___ ___ -
LAURENT C. PAUL,
Plaintiff,
-against-
DL PETERSON TRUST, THE HOME DEPOT U.S.A., INC. and LUCIANA C. FERNANDEZ,,
Defendants.
---- ___ __ __ __ _____ ____ _____ ___--- ____ ___------- ____--- ___ ________
AFFIDAVIT IN SUPPORT
LAW OFFICES QF JOHN RICONDA, P.C.
Attorneys for Plaintiff
753 West Merrick Road
Valley Stream, New York 11580
(516) 285-8867
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Preview
FILED: NASSAU COUNTY CLERK 01/29/2020 02:33 PM INDEX NO. 601435/2019 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 01/29/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU INDEX NO. 601435/2019 LAURENT C. PAUL, Plaintiff, AFFIDAVIT IN -against- SUPPORT DL PETERSON TRUST, THE HOME DEPOT U.S.A., INC. and LUCIANA C. FERNANDEZ, Defendants. John Riconda, an attorney duly admitted to practice law before the Courts in the State of New York, affirms the following under the penalties of perjury: 1. I am a member of the Law Offices of John Riconda, P.C., the attorneys of record for the plaintiff,LAURENT C. PAUL, (hereinafter referred to as "PAUL") and as such am fully familiar with the facts and circumstances herein based upon the contents of the file maintained by this office. 2. I make this affirmation in support to the within motion by Jeffrey D. Present seeking an order pursuant to CPLR §2221(a), granting re-argument of the prior Summary Judgment motion of co-defendants, D.L. PETERSON TRUST and THE HOME DEPOT U.S.A., INC., (hereinafter " referred to as D.L. and HOME DEPOT") and upon such re-argument, ordering that the movants, " D.L. and HOME DEPOT, are obligated to provide the permissive user of their rental vehicle, LUCIANNA C. FERNANDEZ (hereinafter referred to as "HERNANDEZ"), required primary insurance coverages for this accident in the amount of $25,000.00 for injury to one person, pursuant to Vehicle and Traffic Law §370 (i) and 370 (3), and for such other, further and different . relief as this Court may deem just and proper. 3. The owner of the motor vehicle in this matter, D.L. and HOME DEPOT, are obligated to provide primary insurance coverage pursuant to Vehicle and Traffic Law §370 (1) and 370 (3), to itspermissive user, FERNANDEZ. 1 of 4 FILED: NASSAU COUNTY CLERK 01/29/2020 02:33 PM INDEX NO. 601435/2019 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 01/29/2020 CONCLUSION 4. Vehicle and Traffic Law §370 (1) and 370 (3) isto protect the public from commercial renters negligence. Consequently, a commercial vehicle owner/renter are obligated to provide minimum insurance coverage under Vehicle and Traffic Law §370 (i)and 370 (3) and such defendants, D.L. and HOME DEPOT, are obligated to provide primary coverage to itspermissive user, FERNANDEZ, the renter of the subject vehicle pursuant to the New York State minimum limits of $25,000.00 for injury to one person. WHEREFORE, itis respectfully requested that the motion be granted n itsentirety, and for such other and further relief as to this Court may seem just and proper. I OND S rn to 'fore m his a f Jan , 2 NOTARY PUBL NICOLE TUCKER NOTARY PUBLIC-STATE OF NEW YORK No. 01TU6029633 Qualified in Queens County My Commission ExpiresAugust 23, 2 2 of 4 FILED: NASSAU COUNTY CLERK 01/29/2020 02:33 PM INDEX NO. 601435/2019 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 01/29/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU LAURENT C. PAUL, INDEX NO. 601435/2019 Plaintiff, AFFIDAVIT OF MAIL -against- SERVICE DL PETERSON TRUST, THE HOME DEPOT U.S.A., INC. and LUCIANA C. FERNANDEZ, Defendants. STATE OF NEW YORK COUNTY OF NASSAU Elizabeth Catalano, being duly sworn, says: I am not a party to the action; I reside at Valley Stream, New York, and I am over 18 years of age. On January 29, 2020, I served the within AFFIDAVIT IN SUPPORT by depositing a true copy thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to the following at the lastknown address set forth below: DE MARTINI & YI, LLP 69 East Jericho Turnpike Mineola, New York 11501 MONTFORT, HEALY, MCGUIRE & SALLEY 840 Franklin Avenue P.O. B. 7677 Garden City, New York 11530-7677 ELI7 B TH CATALANO Sworn t befor me on Jan ry 29 020 NO ARY UBLIC NICOLE TUCKER PUBLIC-STATE OF NEW YORK NOTARY No. 017U6029633 Qualified In Queens County Commission ExpiresAugust 23, 20 My 3 of 4 FILED: NASSAU COUNTY CLERK 01/29/2020 02:33 PM INDEX NO. 601435/2019 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 01/29/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Index No. 601435/2019 - ____--- _____ _____--------- ____ _-__________ __-_____ _____-- ___ ___ - LAURENT C. PAUL, Plaintiff, -against- DL PETERSON TRUST, THE HOME DEPOT U.S.A., INC. and LUCIANA C. FERNANDEZ,, Defendants. ---- ___ __ __ __ _____ ____ _____ ___--- ____ ___------- ____--- ___ ________ AFFIDAVIT IN SUPPORT LAW OFFICES QF JOHN RICONDA, P.C. Attorneys for Plaintiff 753 West Merrick Road Valley Stream, New York 11580 (516) 285-8867 4 of 4