throbber
FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
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`RECEIVED NYSCEF: 03/26/2024
`
`P:/cases/MTB68044/Legal/AnswerX Claim/JVW:aag
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-----------------------------------------------------------------------------X
`JENINE T. LOWE, DEANNA M. JOHNSON, COREY
`MANSON, TAMARA RIDDICK-CATOR, RONNIE ARGO,
`
`Plaintiffs,
`
`-against-
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, METROPOLITAN TRANSPORTATION
`AUTHORITY, GREGORY SNEED, JOHNNY EXPRESS
`CORPORATION, JOHN DOE,
`
`Defendants.
`-----------------------------------------------------------------------------X
`C O U N S E LO R S:
`
`Index No.: 702126/2024
`
`VERIFIED ANSWER
`TO VERIFIED
`COMPLAINT WITH
`CROSS-CLAIM(S)
`
`Defendants, MTA BUS COMPANY, METROPOLITAN TRANSPORTATION
`
`AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY, by their attorneys BARRY
`
`McTIERNAN & MOORE LLC answering the Summons and Verified Complaint of the
`
`plaintiffs, state as follows:
`
`AS AND FOR THE FIRST CAUSE OF ACTION ON
`BEHALF OF JENINE T. LOWE:
`
`1.
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`Deny any knowledge or information sufficient to form a belief as to the
`
`allegations contained in paragraphs “1”, “2”, “3”, “4”, “5”, “9”, “10”, “11”, “12”, “21”, “23”,
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`“25” and “27” of the Verified Complaint.
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`2.
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`Deny each and every allegation contained in paragraphs “6”, “7”, “8”, “13”,
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`“15”, “17”, “19”, “20”,“22”, “26”, “28”, “29”, “30”, “31” and “32” of the Verified Complaint.
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`3.
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`Admit each and every allegation contained in paragraphs “14”, “16” and “18” of
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`the Verified Complaint.
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`1 of 38
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`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
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`INDEX NO. 702126/2024
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`RECEIVED NYSCEF: 03/26/2024
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`4. Admit each and every allegation contained in paragraph “24” of the Verified
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`Complaint as to MTA Bus Company only.
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`AS AND FOR THE SECOND CAUSE OF ACTION ON
`BEHALF OF DEANNA M. JOHNSON
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`Answering paragraph numbered “33” of the Verified Complaint, answering
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`5.
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`defendants, repeat, reiterate and reallege each and every response contained in paragraphs “1”
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`through “4” of this Verified Answer.
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`6.
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`Deny each and every allegation contained in paragraphs “34”, “35”, “36”, “37”,
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`“38”, “39” and “40” of the Verified Complaint.
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`AS AND FOR THE THIRD CAUSE OF ACTION ON
`BEHALF OF COREY MANSON
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`Answering paragraph numbered “41” of the Verified Complaint, answering
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`7.
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`defendants, repeat, reiterate and reallege each and every response contained in paragraphs “1”
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`through “6” of this Verified Answer.
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`8.
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`Deny each and every allegation contained in paragraphs “42”, “43”, “44”, “45”,
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`“46”, “47” and “48” of the Verified Complaint.
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`AS AND FOR THE FOURTH CAUSE OF ACTION ON
`BEHALF OF TAMARA RIDDICK-CATOR
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`9.
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`Answering paragraph numbered “49” of the Verified Complaint, answering
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`defendants, repeat, reiterate and reallege each and every response contained in paragraphs “1”
`
`through “8” of this Verified Answer.
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`10. Deny each and every allegation contained in paragraphs “50”,“51”, “52”, “53”,
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`“54”, “55” and “56” of the Verified Complaint.
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`2 of 38
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`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
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`RECEIVED NYSCEF: 03/26/2024
`
`AS AND FOR THE FIFTH CAUSE OF ACTION ON
`BEHALF OF TAMARA RIDDICK-CATOR
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`11. Answering paragraph numbered “57” of the Verified Complaint, answering
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`defendants, repeat, reiterate and reallege each and every response contained in paragraphs “1”
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`through “10” of this Verified Answer.
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`12. Deny each and every allegation contained in paragraphs “58” “59”, “60”, “61”,
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`“62”, “63” and “64” of the Verified Complaint.
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`AS AND FOR A FIRST SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF
`
`
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` 13.
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`That the subject accident was the result of a sudden unforeseen circumstance
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`which constitutes an emergency and may not serve as the basis for finding of negligence against
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`defendant(s).
`
`AS AND FOR A SECOND SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF
`
`
`The personal injuries alleged to have been sustained by the plaintiff(s) was/were
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`14.
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`caused entirely or in part as a result of the culpable conduct attributable to the plaintiff(s) and
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`answering defendants seek a dismissal or reduction in any recovery had by plaintiff(s) in the
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`proportion which the culpable conduct attributable to the plaintiffs bear to the culpable conduct
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`which caused the damages.
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`
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`
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`AS AND FOR A THIRD SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF
`
`
`
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`15. The plaintiff’s action is barred by §5102 et seq. of the Insurance Law regarding
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`3 of 38
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`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`threshold requirements.
`
`AS AND FOR A FOURTH SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF
`
`16. That by failing and neglecting to exercise ordinary care in making timely use of
`
`the available lap/shoulder belt and/or infant safety device(s), Plaintiff(s) acted unreasonably and
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`in disregard of Plaintiff(s) own best interests and that all or a portion of the injuries Plaintiff(s)
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`sustained could have been eliminated or minimized by the use of said device(s).
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`AS AND FOR A FIFTH SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF
`
`17. Pursuant to CPLR 1603, answering defendants assert the terms, provisions,
`
`limitations and rights afforded under CPLR 1601 and 1602 and all rights contained therein.
`
`
`AS AND FOR A SIXTH SEPARATE AND
`AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF
`
`18. That answering defendants assert the terms, provisions, limitations and rights
`
`contained in §4545(c) of the CPLR.
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`AS AND FOR A SEVENTH SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF
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`19. The Complaint fails to state a cause of action upon which relief may be granted
`
`against METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY
`
`TRANSIT AUTHORITY.
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`4 of 38
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`

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`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`AS AND FOR AN EIGHTH SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF
`
`20.
`
`Plaintiff failed to serve a Notice of Claim/demand letter pursuant to §1276 of the
`
`Public Authorities Law against METROPOLITAN TRANSPORTATION AUTHORITY and
`
`NEW YORK CITY TRANSIT AUTHORITY.
`
`AS AND FOR A CROSS-CLAIM AGAINST
`CO-DEFENDANT, JOHNNY EXPRESS CORPORATION
`ANSWERING DEFENDANTS ALLEGE UPON INFORMATION
`AND BELIEF AS FOLLOWS:
`
`21. That if the plaintiff was caused to sustain damages at the time and place set forth
`
`
`
`in the plaintiff’s Complaint through any carelessness, recklessness and/or negligence other than
`
`the Plaintiff’s(s’) own, such damages were sustained in whole or in part by reason of the
`
`carelessness, recklessness and negligence and/or negligent acts of omission or commission by
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`the co-defendant JOHNNY EXPRESS CORPORATION his/her/their agents, servants and/or
`
`employees.
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`22. Further if plaintiff should recover judgment against these answering defendants,
`
`then the co-defendant JOHNNY EXPRESS CORPORATION shall be liable to the answering
`
`defendants on the basis of apportionment of responsibility for the alleged occurrence and the
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`answering defendants are entitled to contribution from and judgment over and against the co-
`
`defendant JOHNNY EXPRESS CORPORATION for all or part of any verdict or judgment
`
`which plaintiffs may recover in such amounts as a Jury or Court may direct.
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`23. These answering defendants demand judgment dismissing the complaint herein as
`
`to the answering defendants and further demand judgment over and against the co-defendant
`
`JOHNNY EXPRESS CORPORATION for the amount of any judgment which may be obtained
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`5 of 38
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`

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`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`herein by the plaintiffs against these answering defendants or in such amount as the Court or jury
`
`may direct together with the costs and disbursements of the action.
`
`
`
`WHEREFORE, answering defendants demand judgment dismissing the Verified
`
`Complaint of the plaintiffs herein as to said defendants, together with the costs, fees, expenses
`
`and disbursements of this action, and further demand, pursuant to Section 3019(b) of the CPLR,
`
`that the ultimate rights of said parties as among themselves be determined in this action;
`
`and that said defendants have judgment over and against the co-defendant JOHNNY EXPRESS
`
`CORPORATION for the amount of any verdict or judgment which shall or may be recovered
`
`against the answering defendants by the plaintiffs in this action, together with all costs,
`
`disbursements, costs of investigation, expenses and attorneys' fees incurred in the defense of this
`
`action and in the litigation of the cross-claim herein.
`
`Dated: New York, New York
`
` March 25, 2024
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`Yours, etc.,
`
`BARRY McTIERNAN & MOORE LLC
`
`
`
`By:____________________________
`
`
`John V. Wynne, Esq.
`
`
` Attorneys for Defendants
`
`MTA BUS COMPANY, METROPOLITAN
`
`TRANSPORTATION AUTHORITY and
`
`NEW YORK CITY TRANSIT AUTHORITY,
`
`Office & P.O. Address
`101 Greenwich Street, 14th Floor
`
`
`New York, New York 10006
`
`(212) 313-3600
`
`File No.: MTB68044
`
`6 of 38
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`

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`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`
`Francesco Pomara, Jr., Esq.
`MALLILO & GROSSMAN, ESQS.
`Attorneys for Plaintiffs
`163-09 Northern Boulevard
`Flushing, New York 11358
`(718) 461-6633
`File No.: 2300130
`
`TO:
`
`
`
`
`
`
`
`
`
`
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`7 of 38
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`

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`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`VERIFICATION
`
`
`
`
`
`
`JOHN V. WYNNE, an attorney duly admitted to practice law before the courts of the
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`State of New York, hereby affirms the truth of the following under penalties of perjury:
`
`
`
`
`
`That he is a member of the firm of BARRY McTIERNAN & MOORE LLC
`
`attorneys for the defendants MTA BUS COMPANY, METROPOLITAN TRANSPORTATION
`
`AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY having an office at 101
`
`Greenwich Street - 14th Floor, New York, New York.
`
`
`
`
`
`That he has read and knows the contents of the foregoing Answer to the Verified
`
`Complaint with Cross-Claim(s) and that the same is true to his knowledge. Affirmant further
`
`says that the sources of his information and the grounds of his belief as to all matters therein not
`
`stated upon his knowledge are based on materials, investigation, reports and documents
`
`contained in the file as maintained in affirmant's office.
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`Dated: New York, New York
` March 25, 2024
`
`
`
`
`
`
`
`
`_________________________
` JOHN V. WYNNE
`
`8 of 38
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`

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`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-----------------------------------------------------------------------------X
`JENINE T. LOWE, DEANNA M. JOHNSON, COREY
`
`MANSON, TAMARA RIDDICK-CATOR, RONNIE ARGO,
`
`
`Index No.: 702126/2024
`
`DEMAND FOR A
`
`VERIFIED BILL
`OF PARTICULARS
`
`
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`
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`Plaintiffs,
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`
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`-against-
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`
`
`
`
`
`
`
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, METROPOLITAN TRANSPORTATION
`AUTHORITY, GREGORY SNEED, JOHNNY EXPRESS
`CORPORATION, JOHN DOE,
`
`Defendants.
`
`
`
`-----------------------------------------------------------------------------X
`C O U N S E L O R S :
`
`
`PLEASE TAKE NOTICE, in accordance with Article 31 and Rules 3042 and 3043 of the
`
`CPLR, the plaintiff(s) is/are hereby required to serve upon the undersigned a Bill of Particulars
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`setting forth, in detail, the following particulars demanded:
`
`
`
`
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`
`
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`1.
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`2.
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`3.
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`4.
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`Date of birth, address and social security number of plaintiff(s).
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`State the present residence address of plaintiff(s).
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`State to date and approximate time of day of the occurrence.
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`Describe the approximate location of the happening of the occurrence in sufficient
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`detail so as to permit accurate identification.
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`5.
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`6.
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`7.
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`
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`Describe in general the acts or omissions constituting the negligence claimed.
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`State whether actual or constructive notice is claimed.
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`If actual notice is claimed, then set forth the following:
`
`(a)
`
`(b)
`
`state the names of the agents and/or servant of the defendant to whom it
`will be alleged said actual notice was given.
`state by whom it will be claimed that said actual notice was given on each
`occasion aforesaid.
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`9 of 38
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`

`

`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`
`
`8.
`
`
`
`
`(c)
`
`state the date or dates of each said notice aforesaid.
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`State whether constructive notice is claimed, and, if so, state the length and time
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`said condition is alleged to have existed prior to the happening of the alleged occurrence.
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`9.
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`State the injuries alleged.
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`10.
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`Describe those injuries claimed to be permanent.
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`11.
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`State the length of time confined to bed and home, with dates of confinement.
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`12.
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`State the length of time confined to hospital, with name of hospital and dates of
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`admission and discharge.
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`13.
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`State the occupation of the plaintiffs at the time of the alleged accident and
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`average daily, weekly or monthly earnings.
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`14.
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`State the length of time totally disabled.
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`15.
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`State the length of time partially disabled.
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`16.
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`State the total amounts claimed as special damages for:
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`(a)
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`physician’s services
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`(b)
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`medical supplies
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`(c)
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`loss of earnings
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`(d)
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`x-rays
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`(e)
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`hospital expenses
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`(f)
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`nurses’ services
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`(g)
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`all other items of special damages.
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`17.
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`State the date of birth of the plaintiff.
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`18.
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`Set forth by Chapter, Article, Section and Paragraph each and every statute or
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`ordinance, if any, which it is claimed by defendant above named violated.
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`10 of 38
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`

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`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`
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`19.
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`Set forth the names and addresses of all witnesses to the occurrence or to the facts
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`and circumstances surrounding it known to the plaintiffs, his/her attorneys and/or his/her
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`representatives.
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`20.
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`State whether the complaint alleges loss of services, and, if so, describe its nature
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`and extent.
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`21.
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`State whether the complaint alleges loss of or damages to an item of property,
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`and, if so, describe its nature and extent.
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`
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`(a)
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`state the date and cost of purchase by plaintiffs of each item.
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`(b)
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`state the actual or estimated cost of repair of each item.
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`(c)
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`state the gross salvage proceeds of the sale of each item.
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`22.
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`State whether the complaint alleges wrongful death, and, if so:
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`(a)
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`state the dates and places of birth and death of each decedent(s).
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`(b)
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`(c)
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`state the name, address, date of birth, occupation and annual income of
`each person decedent(s) allegedly supported or each person who was
`allegedly dependent upon decedent(s) for support within one year of
`death.
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`state the total dollar amount of support decedent(s) allegedly gave all
`persons:
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`(1) in the year of death;
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`(2) in the two years prior to the death of the decedent(s).
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`
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`23.
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`State whether plaintiff is a covered person under the Insurance Law of the State of
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`New York, and, if so, state the name and address of the insurance carrier providing first party
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`benefits.
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`11 of 38
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`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`
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`24.
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`State how it will be claimed that plaintiffs sustained a serious injury or excess
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`economic loss within the meaning of 5101 et seq., of the Insurance Law of the State of New
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`York.
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`
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`PLEASE TAKE FURTHER NOTICE, that unless the above demand is complied with,
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`within twenty (20) days, an application will be made to preclude the plaintiff from giving any
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`evidence in accordance with the aforementioned rules.
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`Dated: New York, New York
`
` March 25, 2024
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`Yours, etc.,
`
`BARRY McTIERNAN & MOORE LLC
`
`
`
`By:____________________________
`
`
`John V. Wynne, Esq.
`
`
` Attorneys for Defendants
`
`MTA BUS COMPANY, METROPOLITAN
`
`TRANSPORTATION AUTHORITY and
`
`NEW YORK CITY TRANSIT AUTHORITY,
`
`Office & P.O. Address
`101 Greenwich Street, 14th Floor
`
`
`New York, New York 10006
`
`(212) 313-3600
`
`File No.: MTB68044
`
`
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`12 of 38
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`

`

`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`
`TO:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Francesco Pomara, Jr., Esq.
`MALLILO & GROSSMAN, ESQS.
`Attorneys for Plaintiffs
`163-09 Northern Boulevard
`Flushing, New York 11358
`(718) 461-6633
`File No.: 2300130
`
`
`
`
`
`13 of 38
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`

`

`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-----------------------------------------------------------------------------X
`JENINE T. LOWE, DEANNA M. JOHNSON, COREY
`
`MANSON, TAMARA RIDDICK-CATOR, RONNIE ARGO,
`
`
`
`
`
`
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`
`
`
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`Plaintiffs,
`
`
`
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`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, METROPOLITAN TRANSPORTATION
`AUTHORITY, GREGORY SNEED, JOHNNY EXPRESS
`CORPORATION, JOHN DOE,
`
`
`
`
`
`
`
`
`
`
`
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`Defendants.
`-----------------------------------------------------------------------------X
`C O U N S E L O R S :
`
`
`
`
`
`
`Index No.: 702126/2024
`
`
`NOTICE FOR
`DISCOVERY
`AND INSPECTION
`
`
`
`PLEASE TAKE NOTICE that pursuant to Section 3101 and 3102 and Rule 3120 of the
`
`CPLR, plaintiff is hereby requested to produce and permit the defendant(s), and its/their
`
`attorneys to inspect copy test and/or photograph the following documents in your possession,
`
`control and/or custody:
`
`Produce medical reports and hospital authorizations pertaining to
`the plaintiff and the occurrence which is the subject of this
`litigation.
`
`Set forth the names and addresses of all witnesses to the alleged
`incident and/or notice witnesses thereof.
`
`Produce photographs, videotapes and/or motion pictures of:
`a.
`the accident situs which is the subject of the litigation.
`b.
`the injuries sustained;
`c.
`the property damage sustained;
`d.
`the defective condition sued upon herein.
`
`Produce authorizations for the employment wage/income tax
`information of the plaintiff for three (3) years prior to the date of
`the alleged accident to present period of disability.
`
`1.
`
`
`2.
`
`
`3.
`
`
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`
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`4.
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`14 of 38
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`

`

`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`5.
`
`
`6.
`
`
`
`
`7.
`
`
`8.
`
`All party statements, in any form, obtained from the defendants,
`their agents, servants and/or employees.
`
`If a claim has been or will be made by plaintiffs pursuant to the
`terms of ARTICLE XVIII of the insurance Law of the State of
`New York (No-Fault Law); with respect to each and every
`application and/or claim:
`
`a) Set forth the name, address, policy number and claim
`
`number of each company to which a claim has been made
` or will be made.
`
`
`b)
`
`
`c)
`
`Set forth duly executed and acknowledged written
`authorizations enabling the undersigned to obtain copies
`of the records relating to the plaintiffs from each company
`identified in the response to the above.
`
`Produce all no-fault materials consisting of applications,
`payments and any other documents pertaining to this
`litigation.
`
`Duly executed authorization to obtain the employment records of
`the plaintiffs for three (3) years preceding the date of accident to
`present period of disability claimed.
`
`A copy of plaintiffs’ No-fault file and authorization to obtain
`same.
`
`
`
`
`
`9.
`
`A duly executed authorization to obtain plaintiffs’ Worker’s
`Compensation file.
`
`PLEASE BE ADVISED THAT the Health Insurance Portability and Accountability Act,
`
`requires a new and specific medical authorization form in order to release patient records. Please
`
`make certain that this form is completely executed.
`
`
`
`PLEASE TAKE FURTHER NOTICE that the time, place, manner and making the
`
`inspection, copying, testing and photographing as specified above is designated to be made at the
`
`office of BARRY McTIERNAN & MOORE LLC, 101 Greenwich Street, 14th Floor, New York,
`
`New York 10006, within (28) days and your failure to comply with the foregoing will serve as
`
`15 of 38
`
`

`

`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`the basis of a motion for appropriate relief pursuant to CPLR.
`
`Dated: New York, New York
`
` March 25, 2024
`
`
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`TO:
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`
`
`
`
`Yours, etc.,
`
`BARRY McTIERNAN & MOORE LLC
`
`
`
`By:____________________________
`
`
`John V. Wynne, Esq.
`
`
` Attorneys for Defendants
`
`MTA BUS COMPANY, METROPOLITAN
`
`TRANSPORTATION AUTHORITY and
`
`NEW YORK CITY TRANSIT AUTHORITY,
`
`Office & P.O. Address
`101 Greenwich Street, 14th Floor
`
`
`New York, New York 10006
`
`(212) 313-3600
`
`File No.: MTB68044
`
`
`
`
`Francesco Pomara, Jr., Esq.
`MALLILO & GROSSMAN, ESQS.
`Attorneys for Plaintiffs
`163-09 Northern Boulevard
`Flushing, New York 11358
`(718) 461-6633
`File No.: 2300130
`
`
`
`16 of 38
`
`

`

`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`Index No.: 702126/2024
`
` NOTICE TO PRODUCE
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`-against-
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-----------------------------------------------------------------------------X
`JENINE T. LOWE, DEANNA M. JOHNSON, COREY
`
`MANSON, TAMARA RIDDICK-CATOR, RONNIE ARGO,
`
`
`
`
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, METROPOLITAN TRANSPORTATION
`AUTHORITY, GREGORY SNEED, JOHNNY EXPRESS
`CORPORATION, JOHN DOE,
`
`
`Defendants.
`
`
`
`
`-----------------------------------------------------------------------------X
`C O U N S E L O R S :
`
`
`PLEASE TAKE NOTICE that answering Defendant(s) by and through their attorneys
`
`BARRY McTIERNAN & MOORE LLC, hereby demand that Plaintiff(s) produce the following
`
`within thirty (30) days:
`
`A copy of every Notice of Claim served on each of the Defendants.
`
`A copy of the Affidavit of Service of each Notice of Claim served on the
`
`A copy of every pre-suit demand letter(s) served on each of the Defendants.
`
`A copy of the Affidavit of Service of each pre-suit demand letter served on the
`
`1.
`
`2.
`
`Defendants.
`
`3.
`
`4.
`
`Defendants.
`
`5.
`
`A copy of the 50-H hearing transcript.
`
`PLEASE TAKE FURTHER NOTICE that unless the above demand is complied with
`
`within thirty (30) days, Defendants will file a motion seeking dismissal of the action.
`
`Dated: New York, New York
`
` March 25, 2024
`
`17 of 38
`
`

`

`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`
`
`
`
`
`
`
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`
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`
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`TO:
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`
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`
`
`
`
`Yours, etc.,
`
`BARRY McTIERNAN & MOORE LLC
`
`
`
`By:____________________________
`
`
`John V. Wynne, Esq.
`
`
` Attorneys for Defendants
`
`MTA BUS COMPANY, METROPOLITAN
`
`TRANSPORTATION AUTHORITY and
`
`NEW YORK CITY TRANSIT AUTHORITY,
`
`Office & P.O. Address
`101 Greenwich Street, 14th Floor
`
`
`New York, New York 10006
`
`(212) 313-3600
`
`File No.: MTB68044
`
`
`
`
`Francesco Pomara, Jr., Esq.
`MALLILO & GROSSMAN, ESQS.
`Attorneys for Plaintiffs
`163-09 Northern Boulevard
`Flushing, New York 11358
`(718) 461-6633
`File No.: 2300130
`
`
`
`
`18 of 38
`
`

`

`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`Index No.: 702126/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-----------------------------------------------------------------------------X
`JENINE T. LOWE, DEANNA M. JOHNSON, COREY
`
`MANSON, TAMARA RIDDICK-CATOR, RONNIE ARGO,
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
` -against-
`
`
`
`
`
`
`
`
`
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, METROPOLITAN TRANSPORTATION
`AUTHORITY, GREGORY SNEED, JOHNNY EXPRESS
`CORPORATION, JOHN DOE,
`
`
`Defendants.
`
`
`
`
`-----------------------------------------------------------------------------X
`C O U N S E L O R S :
`
`
`
`
`
`
`
`NOTICE TO PRODUCE
`
`
`
`
`
`
`
`
`
`PLEASE TAKE NOTICE that, pursuant to CPLR Article 31 of the Civil Practice Law
`
`and Rules, the defendant(s) hereby demand that you produce and permit the discovery of the
`
`following documents:
`
`1. Records from any video conference/telemedicine appointments/contacts and any
`
`records that plaintiff has from any treating clinician during the COVID-19
`
`lock-down or since the outbreak of the Coronavirus.
`
`PLEASE TAKE FURTHER NOTICE that said items are to be produced within twenty
`
`
`
`(20) days of the date of this demand at the offices of the undersigned, or any other date, time and
`
`location mutually agreed upon in advance of said date by the attorneys for the parties herein, at
`
`which time said items will be physically inspected, copies, mechanically produced and returned.
`
`PLEASE TAKE FURTHER NOTICE that if any item sought herein does not exist or has
`
`been destroyed, a sworn statement by a person with knowledge as to the non-existence of said
`
`item must be provided to defendant’s counsel on or before the return date hereof in lieu of the
`
`production of the demand item.
`
`19 of 38
`
`

`

`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`PLEASE TAKE FURTHER NOTICE that the demands and notices herein are
`
`continuing. If any of the items or information demanded herein are obtained after the return
`
`date. of this demand, they are required to be furnished to the undersigned within twenty (20)
`
`days after discovery thereof.
`
`Dated: New York, New York
`
` March 25, 2024
`
`
`
`
`
`
`
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`
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`
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`
`
`TO:
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`
`
`
`
`Yours, etc.,
`
`BARRY McTIERNAN & MOORE LLC
`
`
`
`By:____________________________
`
`
`John V. Wynne, Esq.
`
`
` Attorneys for Defendants
`
`MTA BUS COMPANY, METROPOLITAN
`
`TRANSPORTATION AUTHORITY and
`
`NEW YORK CITY TRANSIT AUTHORITY,
`
`Office & P.O. Address
`101 Greenwich Street, 14th Floor
`
`
`New York, New York 10006
`
`(212) 313-3600
`
`File No.: MTB68044
`
`
`
`
`Francesco Pomara, Jr., Esq.
`MALLILO & GROSSMAN, ESQS.
`Attorneys for Plaintiffs
`163-09 Northern Boulevard
`Flushing, New York 11358
`(718) 461-6633
`File No.: 2300130
`
`
`
`
`
`20 of 38
`
`

`

`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-----------------------------------------------------------------------------X
`JENINE T. LOWE, DEANNA M. JOHNSON, COREY
`
`MANSON, TAMARA RIDDICK-CATOR, RONNIE ARGO,
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, METROPOLITAN TRANSPORTATION
`AUTHORITY, GREGORY SNEED, JOHNNY EXPRESS
`CORPORATION, JOHN DOE,
`
`
`Defendants.
`
`
`
`
`--------------------------------------------------------------------------X
`C O U N S E L O R S :
`
`
`
`
`
`
`
`Index No.: 702126/2024
`
`NOTICE TO TAKE
`DEPOSITION UPON
`ORAL EXAMINATION
`
`
`PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR the testimony upon
`
`oral examination of: all parties, as adverse party and witness will be taken before a Notary
`
`Public who is not an attorney, or employee of an attorney, for any party of prospective party
`
`herein and is not a person who would be disqualified to act as a juror because of interest or
`
`because of consanguinity or affinity to any party herein, at the offices of Barry McTiernan &
`
`Moore LLC located at 101 Greenwich Street, 14th Floor, New York, New York, on the 13th
`
`day of September, 2024, at 10:00 o’clock in the morning of that day with respect to evidence
`
`and material necessary in the prosecution defense of this action:
`
`
`
`All of the relevant facts and circumstances in connection with the accident including
`
`negligence, contributory negligence, liability and damages.
`
`That the said person(s) to be examined are required to produce at such examination the
`
`following:
`
`ANY AND ALL PAPERS, BOOKS
`AND DOCUMENTS RELATING TO THIS MATTER.
`
`21 of 38
`
`

`

`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`Dated: New York, New York
`
` March 25, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`
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`
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`
`
`
`
`
`
`
`
`
`
`Yours, etc.,
`
`BARRY McTIERNAN & MOORE LLC
`
`
`
`By:____________________________
`
`
`John V. Wynne, Esq.
`
`
` Attorneys for Defendants
`
`MTA BUS COMPANY, METROPOLITAN
`
`TRANSPORTATION AUTHORITY and
`
`NEW YORK CITY TRANSIT AUTHORITY,
`
`Office & P.O. Address
`101 Greenwich Street, 14th Floor
`
`
`New York, New York 10006
`
`(212) 313-3600
`
`File No.: MTB68044
`
`
`
`
`Francesco Pomara, Jr., Esq.
`MALLILO & GROSSMAN, ESQS.
`Attorneys for Plaintiffs
`163-09 Northern Boulevard
`Flushing, New York 11358
`(718) 461-6633
`File No.: 2300130
`
`
`
`
`
`22 of 38
`
`

`

`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-----------------------------------------------------------------------------X
`JENINE T. LOWE, DEANNA M. JOHNSON, COREY
`
`MANSON, TAMARA RIDDICK-CATOR, RONNIE ARGO,
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, METROPOLITAN TRANSPORTATION
`AUTHORITY, GREGORY SNEED, JOHNNY EXPRESS
`CORPORATION, JOHN DOE,
`
`
`Defendants.
`
`
`
`
`-----------------------------------------------------------------------------X
`C O U N S E L O R S :
`
`
`Index No.: 702126/2024
`
`
`NOTICE
`PURSUANT TO
`CPLR §3101(d)(1)
`
`
`
`
`IT IS HEREBY demanded that the plaintiff(s) disclose each person expected to be called
`
`as expert witnesses at trial.
`
`
`
`IT IS FURTHER demanded that the plaintiff disclose in reasonable detail:
`
`(a)
`
`The name and address of each and every expert
`witness;
`
`(b) The qualifications for each expert witness;
`
`(c)
`
`The subject matter on which each expert is
`
`expected to testify;
`
`(d) The substance of the facts and opinions on which
`each expert is expected to testify;
`
`
`(e)
`
`
`(f)
`
`
`
`a summary of the grounds for each expert's
`opinion.
`
`The substance of the opinion of each and every
`witness;
`
`23 of 38
`
`

`

`FILED: QUEENS COUNTY CLERK 03/26/2024 05:41 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 702126/2024
`
`RECEIVED NYSCEF: 03/26/2024
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE that unless the above demand is complied with,
`
`within thirty (30) days, an application will be made to preclude the plaintiff(s) from giving any
`
`evidence in accordance with the CPLR rules

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