FILED: CHEMUNG COUNTY CLERK 09/14/2023 02:05 PM
`NYSCEF DOC. NO. 20
`
`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/14/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF CHEMUNG
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`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`CAPREESE MOORE
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`X
`:
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`INDEX NO. 2023/5539
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`DEFENDANTS J.B. HUNT
`TRANSPORT, INC. AND DUK HUR’S
`RESPONSES TO PLAINTIFF’S
`NOTICE TO ADMIT
`
` :
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`
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` :
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`
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` :
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` :
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`
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`Plaintiff,
`
`-against-
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`LESHA P. MASSOUP, DUKE HUR, J.B.
`HUNT TRANSPORT, INC., and COSTCO
`WHOLESALE CORPORATION
`
`Defendant.
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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`X
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`
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`PLEASE TAKE NOTICE, that the above-named defendants J.B. HUNT
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`TRANSPORT, INC. and Duk Hur, (hereinafter “answering defendants”), by and through their
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`attorneys, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP, as and
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`for a response to the Notice to Admit of plaintiff CAPREESE MOORE, dated August 24, 2023,
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`respectfully state as follows:
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`PRELIMINARY STATEMENT AND GENERAL OBJECTIONS
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`1.
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`By providing these responses, answering defendants do not waive any of their
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`affirmative defenses, nor do they concede that the subject information is properly discoverable or
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`admissible at trial. Answering defendants reserve the right to further object to discovery
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`regarding the subject matter of the requests herein, and to object to the admissibility of the
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`information provided.
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`2.
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`Further, answering defendants object to the requests herein insofar as they seek
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`information that is not relevant or material to the issues in this matter, is inadmissible, and/or is
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`not reasonably calculated to lead to discovery of admissible evidence and otherwise is not
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`required disclosure under Article 31 of the CPLR.
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`1 of 8
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`NYSCEF DOC. NO. 20
`
`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/14/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF CHEMUNG
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`CAPREESE MOORE
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`
`
`X
`:
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`INDEX NO. 2023/5539
`
`DEFENDANTS J.B. HUNT
`TRANSPORT, INC. AND DUK HUR’S
`RESPONSES TO PLAINTIFF’S
`NOTICE TO ADMIT
`
` :
`
`
`
` :
`
`
`
` :
`
`
`
` :
`
`
`
`Plaintiff,
`
`-against-
`
`LESHA P. MASSOUP, DUKE HUR, J.B.
`HUNT TRANSPORT, INC., and COSTCO
`WHOLESALE CORPORATION
`
`Defendant.
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`
`
`X
`
`
`
`PLEASE TAKE NOTICE, that the above-named defendants J.B. HUNT
`
`TRANSPORT, INC. and Duk Hur, (hereinafter “answering defendants”), by and through their
`
`attorneys, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP, as and
`
`for a response to the Notice to Admit of plaintiff CAPREESE MOORE, dated August 24, 2023,
`
`respectfully state as follows:
`
`PRELIMINARY STATEMENT AND GENERAL OBJECTIONS
`
`1.
`
`By providing these responses, answering defendants do not waive any of their
`
`affirmative defenses, nor do they concede that the subject information is properly discoverable or
`
`admissible at trial. Answering defendants reserve the right to further object to discovery
`
`regarding the subject matter of the requests herein, and to object to the admissibility of the
`
`information provided.
`
`2.
`
`Further, answering defendants object to the requests herein insofar as they seek
`
`information that is not relevant or material to the issues in this matter, is inadmissible, and/or is
`
`not reasonably calculated to lead to discovery of admissible evidence and otherwise is not
`
`required disclosure under Article 31 of the CPLR.
`
`1 of 8
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`FILED: CHEMUNG COUNTY CLERK 09/14/2023 02:05 PM
`NYSCEF DOC. NO. 20
`
`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/14/2023
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`3.
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`Further, answering defendants object to the requests herein insofar as they are not
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`the proper disclosure device for the information sough therein. See, e.g., Lolly v. Brookdale
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`Univ. Hosp. and Med. Ctr., 45 A.D.3d 537, 844 N.Y.S.2d 718 (2nd Dept. 2007) (“the purpose of
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`a notice to admit is not to obtain information in lieu of other disclosure devices, such as the
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`taking of depositions before trial”).
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`4.
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`Further, answering defendants object to the requests herein insofar as they seek
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`admissions as to legal conclusions or facts that go to the heart of the issue in this case. See, e.g.,
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`Glasser v. NYC, 265 A.D.2d 526 (2nd Dept. 1999) (“The Supreme Court properly determined
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`that the plaintiff’s notice to admit sought an admission that went to the heart of the matter at
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`issue, i.e., constructive notice of a defect, and was thus improper.”); Ashkenazi v. City of New
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`York, 239 A.D.2d 186, 656 N.Y.S.2d 461 (1st Dept. 1997) (“A purported admission, by way of
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`nonresponse to a pedestrian’s notice to admit, that a tile that had struck the pedestrian as she
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`walked by a city school building was dropped from one of two windows of the building was
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`properly vacated as bearing upon the ultimate issue in the pedestrian’s action against the city that
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`should more appropriately be explored through other disclosure devices.”).
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`5.
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`Further, answering defendants object to the requests insofar as discovery in this
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`matter is ongoing, and to the extent that information sought herein is not within the possession or
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`control of answering defendants.
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`RESPONSES
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`1. That on November 12, 2021, and upon information and belief, the defendant, J.B.
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`HUNT TRANSPORT, INC., owned a certain 2022 International LT625 truck,
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`bearing Indiana State registration number, 3058781.
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`RESPONSE: Admitted.
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`2 of 8
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`FILED: CHEMUNG COUNTY CLERK 09/14/2023 02:05 PM
`NYSCEF DOC. NO. 20
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`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/14/2023
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`
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`2. That on November 12, 2021, and upon information and belief, the defendant, J.B.
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`HUNT TRANSPORT, INC., was the title owner of a certain 2022 International
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`LT625 truck, bearing Indiana State registration number, 3058781.
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`RESPONSE: Admitted.
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`3. That on November 12, 2021, and upon information and belief, the defendant, J.B.
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`HUNT TRANSPORT, INC., was the register owner of a certain 2022 International
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`LT625 truck, bearing Indiana State registration number, 3058781.
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`RESPONSE: Admitted.
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`4. That on November 12, 2021, and upon information and belief, the defendant, J.B.
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`HUNT TRANSPORT, INC., owned a certain 2022 International LT625 truck,
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`bearing a vehicle identification number, 3HSDZTZRXNN565422.
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`RESPONSE: Admitted.
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`5. That on November 12, 2021, and upon information and belief, the defendant, J.B.
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`HUNT TRANSPORT, INC., was the title owner of a certain 2022 International
`
`LT625 truck, bearing a vehicle identification number, 3HSDZTZRXNN565422.
`
`RESPONSE: Admitted.
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`6. That on November 12, 2021, and upon information and belief, the defendant, J.B.
`
`HUNT TRANSPORT, INC., was the register owner of a certain 2022 International
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`LT625 truck, bearing a vehicle identification number, 3HSDZTZRXNN565422.
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`RESPONSE: Admitted.
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`3 of 8
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`FILED: CHEMUNG COUNTY CLERK 09/14/2023 02:05 PM
`NYSCEF DOC. NO. 20
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`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/14/2023
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`7. That on November 12, 2021, and upon information and belief, the defendant, J.B.
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`HUNT TRANSPORT, INC., was lessor of a certain 2022 International LT625 truck,
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`bearing Indiana State registration number, 3058781.
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`RESPONSE: Denied. See previous responses.
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`8. That on November 12, 2021, and upon information and belief, the defendant, J.B.
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`HUNT TRANSPORT, INC., was lessee of a certain 2022 International LT625 truck,
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`bearing Indiana State registration number, 3058781.
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`RESPONSE: Denied. See previous responses.
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`9. That on November 12, 2021, and upon information and belief, the defendant, DUK
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`HUR, i/s/h/ as DUKE HUR, operated a certain 2022 International LT625 truck,
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`bearing Indiana State registration number, 3058781.
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`RESPONSE: Admitted.
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`10. That on November 12, 2021, and upon information and belief, the defendant, DUK
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`HUR, i/s/h/ as DUKE HUR, operated a certain 2022 International LT625 truck,
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`bearing a vehicle identification number, 3HSDZTZRXNN565422.
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`RESPONSE: Admitted.
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`11. That on November 12, 2021, and upon information and belief, the defendant, DUK
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`HUR, i/s/h/ as DUKE HUR, leased a certain 2022 International LT625 truck, bearing
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`Indiana State registration number, 3058781.
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`RESPONSE: Denied. At all times material hereto, Mr. Hur was working as an
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`employee for J.B. Hunt Transport, Inc.
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`4 of 8
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`FILED: CHEMUNG COUNTY CLERK 09/14/2023 02:05 PM
`NYSCEF DOC. NO. 20
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`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/14/2023
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`12. That on November 12, 2021, and upon information and belief, the defendant, DUK
`
`HUR, i/s/h/ as DUKE HUR, leased a certain 2022 International LT625 truck, bearing
`
`a vehicle identification number, 3HSDZTZRXNN565422.
`
`RESPONSE: Denied. See previous response.
`
`13. That on November 12, 2021, and upon information and belief, the defendant, DUK
`
`HUR, i/s/h/ as DUKE HUR, operated a certain 2022 International LT625 truck,
`
`bearing Indiana State registration number, 3058781, with the knowledge, permission
`
`and consent of the defendant, J. B. HUNT TRANSPORT, INC.
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`RESPONSE: Denied as stated. Answering defendants admit only that, at all times
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`material hereto, Mr. Hur drove a tractor in the course and scope of his employment as
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`a company driver for J.B. Hunt Transport, Inc.
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`14. That on November 12, 2021, and upon information and belief, the defendant, DUK
`
`HUR, i/s/h/ as DUKE HUR, operated a certain 2022 International LT625 truck,
`
`bearing a vehicle identification number, 3HSDZTZRXNN565422, with the
`
`knowledge, permission and consent of the defendant, J. B. HUNT TRANSPORT,
`
`INC.
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`RESPONSE: Denied as stated. See response to Request 13.
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`15. That on November 12, 2021, and upon information and belief, the defendant, DUKE
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`HUR, was an employee of the defendant, J. B. HUNT TRANSPORT, INC.
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`RESPONSE: Admitted.
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`16. That at all times hereinafter alleged, and upon information and belief, the defendant,
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`DUKE HUR, was acting within the course of his employment when he was operating
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`5 of 8
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`FILED: CHEMUNG COUNTY CLERK 09/14/2023 02:05 PM
`NYSCEF DOC. NO. 20
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`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/14/2023
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`a certain 2022 International LT625 truck, bearing Indiana State registration number,
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`3058781.
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`RESPONSE: Admitted.
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`17. That at all times hereinafter alleged, and upon information and belief, the defendant,
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`DUKE HUR, was acting within the course of his employment when he was operating
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`a certain 2022 International LT625 truck, bearing a vehicle identification number,
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`3HSDZTZRXNN565422.
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`RESPONSE: Admitted.
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`
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`PLEASE TAKE FURTHER NOTICE, that answering defendants reserve the right to
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`supplement and/or amend the aforesaid Responses up to and including the time of trial should any
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`additional information become known to answering defendants subsequent to this response.
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`
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`Dated: September 14, 2023
`New York, New York.
`
`
`WEBER GALLAGHER SIMPSON
`STAPLETON FIRES & NEWBY LLP
`
`
`
`
`
`
`
`
`
`By:
`JAMES A. WESCOE
`Attorneys for Defendants
`Duke Hur, J.B. Hunt Transport, Inc., and
`COSTCO Wholesale Corporation
`1500 Broadway, Suite 2401
`New York, New York 10036
`Phone: (929) 342-6000
`Fax: (929) 342-6001
`
`
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`6 of 8
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`FILED: CHEMUNG COUNTY CLERK 09/14/2023 02:05 PM
`NYSCEF DOC. NO. 20
`
`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/14/2023
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`TO (Via ECF):
`
`THE PARIS LAW GROUP, P.C.
`Attorneys for Plaintiff
`Deborah Lara, Esq.
`60 East 42nd Street, Suite 4000
`New York, New York 10165
`(212) 970-8754
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`7 of 8
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`FILED: CHEMUNG COUNTY CLERK 09/14/2023 02:05 PM
`FILED: CHEMUNG COUNTY CLERK 09/14/2023 02:05 P
`
`NYSCEF DOC. NO. 20
`NYSCEF DOC. NO. 20
`
`
`INDEX NO. 2023-5539
`INDEX NO. 2023-5539
`
`
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`RECEIVED NYSCEF: 09/14/2023
`RECEIVED NYSCEF: 09/14/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF CHEMUNG
`
`mere omens eae em: iors meee
`CAPREESE MOORE
`
`Plaintiff,
`
`-against-
`
`LESHAP. MASSOUP, DUKEHUR,J.B.
`HUNT TRANSPORT,INC., and COSTCO
`WHOLESALE CORPORATION
`
`X
`:
`
`-
`
`.
`
`Defendant.
`wee eee ee eee eee eee ee
`
`xX
`
`INDEX NO. 2023/5539
`
`VERIFICATION
`
`/ eets __, being duly sworn, deposesand says:
`Kyun
`1. The deponentis the
`Le GOON Anel
`Alor
`
`TRANSPORT,INC., named defendantin the within action.
`
`Uns.
`
`of J.B. HUNT
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`2. That deponent has read the foregoing, Response to the Notice to Admit of plaintiff
`
`CAPREESE MOORE, knows the content thereof, and that the same are true to the
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`deponent’s own knowledge, except as to the matters therein stated to be alleged upon
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`information and belief, and as to those matters deponent believed them to betrue.
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`3. That the grounds of deponent’s belief as to all matters not stated upon deponent’s
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`knowledgeofrecords, letters, investigative materials, documents,etc., maintained by J.B.
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`HUNT TRANSPORT,INC.
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`Sworn to before methis
`AMday of September, 2023
`Thoryldinklomans
`:
`Notary Public
`
`f
`
`Tracy Winkleman
`
`Notary Public - Arkansas
`Benton County
`Commission Expires 1-17-2029
`Commission # 12706758
`
`8 of 8
`8 of 8
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