throbber
FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`
`ERIC JOYNER
`
`Plaintiff,
`
`-against-
`
`CITY CARTER LEASING, INCORPORATED, and
`LEONARDO CHACON.
`
`Defendants.
`
`X
`
`JUDGMENT
`
`Index No.: 22138/13S -
`
`This action has come on for trial before the Honorable Dorma Mills, a justice of the Supreme
`
`Court of New York, County of Bronx on the issue of liability and damages.
`
`The plaintiff, ERIC JOYNER having appeared at trial by Jeffrey Bloomfield, Esq. a member of
`
`the Law Offices of Michael S. Lamonosoff, PLLC located at 32 Old Slip, 8th Floor, New York, New
`
`York 10005. The defendants, CITY CARTER LEASING, INCORPORATED and LEONARDO
`
`CHACON having appeared at trial by Sharon A. Mosca of Mead, Hecht, Conklin & Gallagher, Esqs.
`
`located at 925 Westchester Avenue, White Plains, New York 10604.
`
`On October 18, 2018, the duly impaneled jury returned a true verdict after plaintiff and
`
`defendants presented their evidence and having rested on the issues of liability and damages. The
`
`verdict was in favor of the plaintiff, ERIC JOYNER, against the defendants defendant CITY CARTER
`
`LEASING, INCORPORATED and LEONARDO CHACON in the sum of FIVE HUNDRED FIFTY
`
`THOUSAND ($550,000.00) DOLLARS broken down as set forth in the executed verdict transcript
`
`(annexed hereto as Exhibit "A") as follows:
`
`PAST PAIN AND SUFFERING: $230,000.00
`
`FUTURE PAIN AND SUFFERING: $320,000.00
`
`1 of 21
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`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`
`NOW, by motion of the plaintiff and her attorney, Jeffrey Bloomfield, Esq., that was served
`
`upon the defendants' attorneys it is:
`
`ADJUDGED, that the plaintiff, ERIC JOYNER, residing at 1980 Park Avenue #2D, New
`
`York, New York 10037 have a Judgment on the award and recover of Defendants CITY CARTER
`
`LEASING, INCORPORATED and LEONARDO CHACON, in the sum of FIVE HUNDRED
`
`FIFTY THOUSAND ($550,000.00) DOLLARS ( TWO HUNDRED THIRTY THOUSAND
`
`($230,000.00) FOR THE PAST PAIN AND SUFFERING and THREE HUNDRED TWENTY
`
`THOUSAND ($320,000.00) FOR THE FUTURE PAIN AND SUFFERING), plus an interest from
`
`October 18,2018 of ONE HUNDRED THIRTY FIVE DOLLARS AND 62 CENTS ($135.62) for
`
`each additional day after October 18, 2018 that this Judgment is not paid JO Trt AMOOVF 5F 1515,13M
`
`It is also ADJUDGED, that the defendants are responsible for Costs and Disbursements
`
`pursuant to the CPLR in the amount ofSCA hundred dollars ($ /1:D.C.0). The breakdown of the
`
`plaintiffs costs and disbursements is annexed hereto as Exhibit "B" FOR A- Itgtea-- oc•
`
`15(40 ,t-b3c q a
`
`WHEREFORE, it is respectfully requested that the judgment be entered and plaintiff's
`
`application be granted in full.
`
`Dated: i/1".• /1/
`Bronx, New York
`
`2 of 21
`
`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`
`ERIC JOYNER
`
`Plaintiff,
`
`-against-
`
`ATTORNEY
`AFFIRMATION
`
`Index No.: 22138/13
`
`CITY CARTER LEASING, INCORPORATED, and
`LEONARDO CHACON.
`
`Defendants.
`
`X
`
`BETH KJRCHNER, ESQ, an attorney duly admitted to practice law in the State of New York
`
`affirms the following under the penalties of perjury.
`
`I am a member of the Law Offices of Michael S. Lamonsoff, attorneys for the plaintiff
`
`ERIC JOYNER. I am fully familiar with all the facts and circumstances surrounding this case.
`
`This affirmation is submitted in support of plaintiff's application for a judgment based
`
`upon the jury's verdict. See Jury's Verdict annexed as Exhibit "A". The plaintiff herein is entitled to a
`
`judgment in the amount of FIVE HUNDRED FIFTY THOUSAND ($550,000.00) DOLLARS ( TWO
`
`HUNDRED THIRTY THOUSAND ($230,000.00) FOR THE PAST PAIN AND SUFFERING and
`
`THREE HUNDRED TWENTY THOUSAND ($320,000.00) FOR THE FUTURE PAN AND
`
`SUFFERING) plus ONE HUNDRED THIRTY FIVE DOLLARS AND 62 CENTS ($135.62) for each
`
`additional day after October 18, 2018 that said judgment is not paid. The plaintiff is also entitled to
`
`costs and disbursements in the amount of $500.00 pursuant to the applicable CPLR Sections. For a
`
`detailed explanation of the Costs and Disbursements, See Exhibit "B".
`
`This action has come on for trial before the Honorable Donna Mills, a justice of the
`
`Supreme Court of the State of New York, County of Bronx on the issues of liability and damages.
`
`3 of 21
`
`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`
`On October 18, 2018, the duly impaneled jury returned a true verdict after plaintiff and
`
`defendants presented their evidence and having rested on the issues of liability and damages. The
`
`verdict was in favor of the plaintiff, ERIC JOYNER, against the defendants CITY CARTER
`
`LEASING, INCORPORATED and LEONARDO CHACON in the total sum of FIVE HUNDRED
`
`FIFTY THOUSAND ($550,000.00) DOLLARS broken down as set forth in the executed verdict sheet
`
`(annexed hereto as Exhibit "A") as follows:
`
`PAST PAIN AND SUFFERING: $230,000.00
`
`FUTURE PAIN AND SUFFERING: $320,000.00
`
`The plaintiff is also entitled to interest on the entire verdict dating back to the award of
`
`summary judgment. In this case, the interest (calculated from aWard of summary judgment until
`
`October 18, 2018) is EIGHT THOUSAND ONE HUNDRED THIRTY SIX DOLLARS AND
`
`NINETY NINE CENTS ($8,136.99). The daily amount of interest added to the judgment each day it is
`
`not paid is ONE HUNDRED THIRTY FIVE DOLLARS AND 62 CENTS ($135.62). The interest
`
`calculation is based upon the statutory interest rate set forth in Public Authorities Law Section 1212(6).
`
`The CPLR Article 50(b) analysis for the future damages award is annexed hereto as
`
`Exhibit "C".
`
`The plaintiff's judgment has been served upon the defendants' attorneys. The affidavit
`
`of service is annexed hereto.
`
`The plaintiff's judgment should be entered immediately.
`
`4 of 21
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`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`
`WHEREFORE, it is respectfully requested that the judgment be entered and plaintiff's
`
`application be granted in full.
`
`Dated: December 19, 2018
`New York, New York
`
`5 of 21
`
`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`1
`
`1
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF BRONX: CIVIL TERM PART IA-9
`
`4
`
`ERIC JOYNER,
`
`2
`
`3
`
`5
`
`6
`
`7
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`8
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`9
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`10
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`11
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`13
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`14
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`15
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
`
`X
`
`Index No.
`
`Plaintiff,
`
`-against-
`
`22138/2013
`CITY CARTER LEASING INC.,
`and LEONARDO CHACON ,
`
`Defendants.
`
`X
`
`851 Grand Concourse
`Bronx, New York 10451
`October 18, 2018
`
`BEFORE:
`
`HON. DONNA MILLS, JSC, and a jury of six plus two
`alternates.
`
`APPEARANCES:
`
`FOR THE PLAINTIFFS:
`LAW OFFICES OF MICHAEL S. LAMONSOF
`Financial Square at 32 Old Slip 8th Floor
`New York, New York 10005
`BY: JEFFREY BLOOMFIELD, ESQ.
`
`FOR THE DEFENDANTS:
`MEAD HECHT CONKLIN & GALLAGHER, ESQS.
`925 Westchester Avenue
`BY: SHARON A. MOSCA, ESQ.
`
`DINA LUDWICKI, RPR
`Senior Court Reporter
`
`6 of 21
`
`(cid:9)
`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`-Verdict-
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`2
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`1
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`2
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`3
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`4
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`5
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`6
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`8
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`9
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`10
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`13
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`15
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`18
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`20
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`22
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`23
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`24
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`25
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`(whereupon, an item was received and marked as
`
`Court Exhibit Number X.)
`
`THE COURT: We are going to bring the jury out.
`
`(Jurors entered the courtroom.)
`
`THE COURT: Please be seated.
`
`Jury note X says "we reached a verdict."
`
`Please take the verdict, John.
`
`THE CLERK: Will the foreperson please rise.
`
`In the matter of Eric Joyner versus City Carter
`
`Leasing Inc. and Leonardo Chacon. Indictment number 22138
`
`of 2013.
`
`Has the jury reached a verdict?
`
`THE FOREMAN: Yes.
`
`THE CLERK: Question Number 1: "Did the plaintiff
`
`sustain a significant limitation of use of body function or
`
`system as a result of the accident of December 26th of
`
`2012?"
`
`THE FOREMAN: Yes.
`
`THE CLERK: Was that unanimous?
`
`THE FOREMAN: Yes,-- no, 5 to 1.
`
`THE CLERK: Thank you.
`
`Question 3: Was the defendant, Leonardo Chacon,
`
`the driver of the cab, negligent?
`
`THE FOREMAN: Yes.
`
`THE COURT: was that unanimous?
`
`7 of 21
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`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`3
`
`1
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`2
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`3
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`4
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`5
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`25
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`-verdict-
`
`THE FOREMAN: Yes, it was.
`
`THE CLERK: Question Number 4: Was the defendant,
`
`Leonardo Chacon's, negligence a substantial factor in
`
`causing the accident of December 26th of 2012 which
`
`resulted in the injuries to the plaintiff, Eric Joyner?
`
`THE FOREMAN: Yes.
`
`THE COURT: Is that unanimous?
`
`THE FOREMAN: Yes.
`
`THE CLERK: Question Number 5: Was the plaintiff,
`
`Eric Joyner, negligent?
`
`THE FOREMAN: No.
`
`THE CLERK: Was that unanimous?
`
`THE FOREMAN: 5 to 1.
`
`THE CLERK: Question 7: "What is the percentage
`
`of the fault of the plaintiff and the defendant?
`
`Total percentage must equal 100 percent?"
`
`Plaintiff, Eric Joyner?
`
`THE FOREMAN: Zero.
`
`THE COURT: Defendant, Leonardo Chacon?
`
`THE FOREMAN: 100 percent.
`
`THE CLERK: Was that unanimous?
`
`THE FOREMAN: Yes, it was.
`
`THE CLERK: Question Number 8: "what is the
`
`dollar amount of damages, if any, sustained by Eric Joyner
`
`for injury for past pain and suffering including loss of
`
`8 of 21
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`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`-Verdict-
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`4
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`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`10
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`25
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`enjoyment of life from the date of the accident
`
`December 26th of 2012, to date?
`
`THE FOREMAN: $230,000.
`
`THE CLERK: Was that unanimous?
`
`THE FOREMAN: Yes, it was.
`
`Question 9: "What is the dollar amount of
`
`damages, if any, sustained by Eric Joyner for injury, for
`
`pain and suffering, including the permanent effect of the
`
`injury and loss of enjoyment of life from the date of the
`
`verdict to be incurred in the future?
`
`THE FOREMAN: 320,000.
`
`THE CLERK: Was that unanimous?
`
`THE FOREMAN: Yes.
`
`THE CLERK: Question Number 10: "If you decide to
`
`award an amount to compensate the plaintiff to be incurred
`
`in the future, then state the period of years over which
`
`such amount is intended to provide compensation?"
`
`THE COURT: 21 years.
`
`THE CLERK: Was that unanimous?
`
`THE FOREPERSON: Yes, it was.
`
`THE COURT: Does anyone wish to pole the jury?
`
`MS. MOSCA: Yes, your Honor.
`
`THE CLERK: I'm going to read the question and ask
`
`you individually if that was your answer based on the
`
`answers that have been given.
`
`9 of 21
`
`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`-Verdict-
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`5
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`1
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`2
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`3
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`4
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`5
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`25
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`I will say: "Is that your answer, yes or no?"
`
`Whether or not that was your answer.
`
`THE CLERK: Question Number 1: "Did the plaintiff
`
`sustain a significant limitation of use of a body function
`
`or system as a result of the accident of December 26th,
`
`2012?"
`
`The jury said: "Yes".
`
`Was that your verdict, Number 1?
`
`THE FOREPERSON: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 2?
`
`JUROR NUMBER 2: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 3?
`
`JUROR NUMBER 3: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 4?
`
`JUROR NUMBER 4: No.
`
`THE CLERK: was that your verdict, Juror Number 5?
`
`JUROR NUMBER 5: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 6?
`
`JUROR NUMBER 6: Yes.
`
`THE CLERK: Question 3: "Was the defendant,
`
`Leonardo Chacon, the driver of the cab, negligent?"
`
`The jury said: "Yes".
`
`Was that your verdict, Juror Number 1?
`
`THE FOREPERSON: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 2?
`
`10 of 21
`
`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`6
`
`1
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`2
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`3
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`4
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`5
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`6
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`7
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`-Verdict-
`
`JUROR NUMBER 2: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 3?
`
`JUROR NUMBER 3: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 4?
`
`JUROR NUMBER 4: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 5?
`
`JUROR NUMBER 5: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 6?
`
`JUROR NUMBER 6: Yes.
`
`THE CLERK: Question Number 4: "Was the
`
`defendant, Leonardo Chacon's negligence, a substantial
`
`factor in causing the accident of December 26th of 2012
`
`which resulted in the injuries to the plaintiff, Eric
`
`Joyner?"
`
`The jury said: "Yes".
`
`Was that your verdict, Juror Number 1?
`
`THE FOREPERSON: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 2?
`
`JUROR NUMBER 2: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 3?
`
`JUROR NUMBER 3: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 4?
`
`JUROR NUMBER 4: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 5?
`
`JUROR NUMBER 5: Yes.
`
`11 of 21
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`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`-Verdict-
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`7
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`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`10
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`25
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`THE CLERK: Was that your verdict, Juror Number 6?
`
`JUROR NUMBER 6: Yes.
`
`THE CLERK: Question 5: "Was the plaintiff, Eric
`
`Joyner, negligent?"
`
`The jury said "No".
`
`Is that your verdict, Juror Number 1?
`
`THE FOREPERSON: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 2?
`
`JUROR NUMBER 2: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 3?
`
`JUROR NUMBER 3: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 4?
`
`JUROR NUMBER 4: No.
`
`THE CLERK: Was that your verdict, Juror Number 5?
`
`JUROR NUMBER 5: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 6?
`
`JUROR NUMBER 6: Yes.
`
`THE CLERK: Question 7: "What is the percentage
`
`of fault of the plaintiff and defendant. The total
`
`percentage must equal 100 percent."
`
`The jury said: "Zero percent for the plaintiff,
`
`Eric Joyner, and 100 percent for the defendant, Leonardo
`
`Chacon."
`
`Was that your verdict, Juror Number 1?
`
`THE FOREPERSON: Yes.
`
`12 of 21
`
`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`-Verdict-
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`8
`
`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`10
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`25
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`THE CLERK: Was that your verdict, Juror Number 2?
`
`JUROR NUMBER 2: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 3?
`
`JUROR NUMBER 3: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 4?
`
`JUROR NUMBER 4: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 5?
`
`JUROR NUMBER 5: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 6?
`
`JUROR NUMBER 6: Yes.
`
`THE CLERK: Question Number 8: What is the dollar
`
`amount of damages, if any, sustained by Eric Joyner for
`
`injury for past pain and suffering including loss of
`
`enjoyment of life from the date of the injury,
`
`December 26th of 2012 to date?"
`
`The jury said that the amount was $230,000.
`
`Was that your verdict, Juror Number 1?
`
`THE FOREPERSON: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 2?
`
`JUROR NUMBER 2: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 3?
`
`JUROR NUMBER 3: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 4?
`
`JUROR NUMBER 4: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 5?
`
`13 of 21
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`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`9
`
`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`22
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`25
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`-Verdict-
`
`JUROR NUMBER 5: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 6?
`
`JUROR NUMBER 6: Yes.
`
`THE CLERK: Question Number 9: "What is the
`
`dollar amount of damages, if any, sustained by Eric Joyner
`
`for injury for pain and suffering including the permanent
`
`effect of the injury and loss of enjoyment of life from the
`
`date of the verdict to be incurred in the future."
`
`The jury said $320,000.
`
`Was that your verdict, Juror Number 1?
`
`THE FOREPERSON: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 2?
`
`JUROR NUMBER 2: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 3?
`
`JUROR NUMBER 3: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 4?
`
`JUROR NUMBER 4: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 5?
`
`JUROR NUMBER 5: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 6?
`
`JUROR NUMBER 6: Yes.
`
`THE CLERK: Question 10: "If you decide to award
`
`an amount to compensate plaintiff to be incurred in the
`
`future, then state the period of years over which such
`
`amount is intended to provide compensation."
`
`14 of 21
`
`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`-verdict-
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`10
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`The jury said: "21 years."
`
`was that your verdict, Juror Number 1?
`
`THE FOREPERSON: Yes.
`
`THE CLERK: Was that your verdict, Juror Number 2?
`
`JUROR NUMBER 2: Yes.
`
`THE CLERK: was that your verdict, Juror Number 3?
`
`JUROR NUMBER 3: Yes.
`
`THE CLERK: was that your verdict, 3uror Number 4?
`
`JUROR NUMBER 4: Yes.
`
`THE CLERK: was that your verdict, Juror Number 5?
`
`JUROR NUMBER 5: Yes.
`
`THE CLERK: was that your verdict, Juror Number 6?
`
`JUROR NUMBER 6: Yes.
`
`THE CLERK: Thank you very much.
`
`THE COURT: Thank you.
`
`don't have much of a voice, but thank you so
`
`much.
`
`Needless to say, it's taken quite some time for us
`
`to get to resolve to this and a big thanks to the jurors and
`
`alternates.
`
`we were basically going back and forth until we
`
`got this done.
`
`We appreciate it.
`
`You are now discharged from service, we will see
`
`you in five years.
`
`15 of 21
`
`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`11
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`-verdict-
`
`THE FOREPERSON: Six years.
`
`THE COURT: who said that?
`
`THE FOREPERSON: I did.
`
`THE COURT: You are now officially excused.
`
`(whereupon, the case was concluded.)
`
`CERTIFICATION (cid:9)
`
`PAGE
`
`Certified to be a true and accurate record of the
`
`within proceedings.
`
`Dina Ludwicki CSR, RPR
`Senior Court Reporter
`
`16 of 21
`
`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`
`Ft BlumbeoS
`
`learProducal
`
`X I 56-13ill of Costs (with CPLR sections) Blank COttXT. (cid:9)
`
`COPYRIGHT 1573 BY JULIUS BLUMBERG, INC., LAW BLANK PUBLISHERS
`
`Index No. 22.13ela
`
`at micg) IIRT eteo ..{Ctie Do N e A 4 16714
`COUNT OF
`(e)c Je-74.eit_
`
`Plaintiff(s)
`gainst
`Cc aim- e a h'kr-5 ecp-14 led
`teeril ciao e4,4csy,
`
`Defendant(s)
`
`ocaad
`
`CoStO of
`
`slap —
`
`3a)
`
`
`
`
`
`
`
`
`
`
`
`
`Costs before note of issue (cid:9)
`CPLR $8201 subd. 1.
`Costs after note of issue (cid:9)
`CPLR §8201 subd. 2
`Trial of issue (cid:9)
`CPLR §8201 sub& 8
`Cf) Allowance by statute (cid:9)
`CPLR §8302(a) (b)
`riD Additional allowance (cid:9)
`CPLR §8302(d)
`Motion costs (cid:9)
`CP111 §8202
`Appeal to App. Div. or App. Term
`before argument
`CPLR §8203 sub,!. 1
`Appeal to App. Div. or App. Term
`for argument
`OPTS §8203 sub,!. 2
`Appeal to Court of Appeals
`before argument
`CPLR §8204 sub,!. 1
`Appeal to Court of Appeals
`for argument
`MILE 18204 subd. 2
`
`Fee for index number CPLR §801300
`m Referee's fees CPLR §8801(a)1
`Commissioner's compensation CPLR §8301(a)2. (cid:9)
`c21 Clerk's fee, filing notice of pend. or attach.
`
`CPLR $8018(e) §8021(a)12 (cid:9)
`
`CPLR §8021(a)12 (cid:9)
`ril Clerk's fee cancel, notice of pend. (cid:9)
`Entering and docketing judgment °PLR §8801(a)7 §8016 (a)2.—
`Xi Paid for searcl*s CP111 §8301(a)10 (cid:9)
`
`1:1—:11 Affidavits & acknowledgments CPLR Vann (cid:9)
`
`Serving copy summons & complaint CPLR 18011(c)1 §8201(d).._
`Note oae ()PLR §8020(a)
`Paidciftrnir;\;report cPLR §8301(a)12 (cid:9)
`Certitild447;nilf papers OPLIt §8301(a)4 (cid:9)
`Satisfactiontee CPLR §6020(a) §8021 (cid:9)
`T0146 and filini CPLR §8021 (cid:9)
`drUficattjiy.lof judgment CPLR §8021 (cid:9)
`I \
`wI
`1-4oStag% „sCpLR §8301(a)12
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`"1/1"tellZeaVinicLfReels""c(erciln §8002 ism._ (cid:9)
`CPLR §8011(b) §8012
`Sheriff'sfeØ OE execution (cid:9)
`
`St(41ffrefeek, atWli en , anest, etc.
`
`(ac)pc je/RZ,§88:06
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Pa rihtiicases
`pasa printing case °PLR §8301(a)6 (cid:9)
`VCIerk'rkgstICourt of Appeals CPLR 18301(a)12 (cid:9)
`qTlepro6 /9f papers CPLR §8016(a)4 (cid:9)
`Miittiorde2genes OPTS 18301(b) (cid:9)
`FeeWrir Plii*ation OPTS §8301(a)3.... (cid:9)
`Serving subpoena (cid:9)
`CPLR *8011 (c)1 §8501(d) (cid:9)
`Paid for Register's Search CPLR §8301(a)10 (cid:9)
`" (cid:9)
`" County Clerk's Search (cid:9)
`Loan Commissioner's Search
`U.S. District Court Search (cid:9)
`U.S. Circuit Court Search
`Tax Search
`Referee's Report
`Attendance of Witnesses! (cid:9)
`
`
`
`CPLR 18001(a) (b) (c) §8301(a)1_
`
`Cons
`
`DISBURSEMENTs
`
`TOTAL
`
`se) SI
`
`-76D
`
`I hereby certify that I have
`adjusted thistle •of costs at
`FEB
`bate
`
`17 of 21
`
`(cid:9)
`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`
`AFFIDAVIT OF SERVICE
`
`STATE OF NEW YORK, COUNTY OF NEW YORK ss.:
`
`Violetta Lapin being duly sworn, deposes and says:
`
`I am over 18 years of age, I am not a party to the action, and I reside in New York County in
`the State of New York.
`
`I served a true copy of the annexed
`
`NOTICE OF SETTLEMENT OF JUDGMENT
`ATTORNEY AFFIRMATION
`PROPOSED JUDGMENT
`
`on January 15, 2019
`
`by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official
`depository of the U.S. Postal Service within the State of New York, addressed to the last known
`address of the addressee as indicated below:
`
`Mead, Hecht, Conklin & Gallagher, LLP
`Attorneys for Defendant(s)
`CITY CARTER LEASING, INC. AND LEONARDO CHACON
`925 Westchester Avenue, Ste 302
`White Plains, New York 10604
`(914) 899-310
`
`Sworn to lpefore e January 15, 2019
`
`Violefta Lapin
`
`18 of 21
`
`Notary Public
`
`m oo,
`910 A40/
`.......
`P.
`
`
`
`%
`
`ID Num:. er
`632977s
`c)1A
`Comm .
`
`P May 12, x2EM
`
` 1.9;nik.
`.• •<-
`• . /. R9 .. • • 40 .,•••
`// / OF NV"
`
`e S
`
`(cid:9)
`(cid:9)
`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`
`Judgment Entered by
`
`Index # 22138/2013E
`
`ERIC JOYNER
`
`CITY CARTER LEASING,
`INCORPORATED, ET ANO
`
`ORDER & JUDGMENT
`
`19 of 21
`
`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`
`X
`
`ERIC JOYNER
`
`Plaintiff,
`
`-against-
`
`CITY CARTER LEASING, INCORPORATED, and
`LEONARDO CHACON.
`
`Defendants.
`
`COUNSELORS:
`
`NOTICE OF
`SETTLEMENT OF
`JUDGMENT
`
`Index No.: 22138/13
`
`RECEIVED BY:
`JAN 24 2019
`
`Judgment Department
`
`PLEASE TAKE NOTICE, that annexed is a true copy of proposed Judgment which will be
`
`presented to the Judgment Clerk of the within named Court at 851 Grand Concourse, Bronx, New
`
`York on February 5, 2019 on 9:30 a.m. This proposed judgment is based on the Verdict of this
`
`Court dated August 10, 2018. A copy of the Verdict Transcript is annexed hereto as Exhibit "A".
`
`Dated: (cid:9)
`
`New York, New York
`January 15, 2019
`
`BETH
`LAW 0 FICES OF MICHAEL S. LAMONSOFF,
`PLLC
`Attorneys for Plaintiff(s)
`ERIC JOYNER
`Financial Square at 32 Old Slip - 8th FL
`New York, New York 10005
`(212) 962-1020
`Our File No. 20120
`
`20 of 21
`
`

`

`FILED: BRONX COUNTY CLERK 02/11/2019 10:51 AM
`NYSCEF DOC. NO. 73
`
`INDEX NO. 22138/2013E
`
`RECEIVED NYSCEF: 02/11/2019
`
`TO: (cid:9)
`Baker, McEvoy, Morrissey & Moskovits, PC
`Attorneys for Defendant(s)
`CITY CARTER LEASING, INC. AND LEONARDO CHACON
`One Metrotech Center, 8th Floor
`Brooklyn, NY 11201
`(212) 857-8230
`
`21 of 21
`
`

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