- I
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`•
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`m-'
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`NO.:
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`/
`
`
`
`IN IN THE SUPREME COURT OF THE UNITED STATES
`
`Sororazam Bethune - Petitioner
`
`vs.
`
`M.TA Long Island Bus - Respondent.
`
`ON PETITION FOR WRIT OF CERTIORARI TO
`
`COURT OF APPEALS, ALBANY, NEW YORK
`
`PETITION FOR WRIT OF CERTIORARI
`So~rora~zam 6eu~ne, P~etiti~oner, Prose
`Samaritan Village, Van Siclen
`30 3rd Avenue, Room 925
`Brooklyn, New York 11217
`Tel. No.: 516-423-0608
`
`MAR -62018
`
`

`

`QUESTIONS PRESENTED
`
`Justice Robert Feinman, Sup. Ct. Nassau County questioned the Role
`of Stuart A. Jackson, Esq., my attorney, during Nov. 5, 2015 trial,
`knowing that I was mis-misrepresented by my attorney who was not
`competent, telling MTA Attorney that he could not assume the role of
`my Attorney, yet Justice Feinman advised by MTA attorney directed
`Jury to return verdict for Def. MTA; he also denied OSC motion.
`Appendix 3: Nov. 5, 2015 Trial Transcript Page: 43; and Page: 79.
`
`Justice Robert Feinman for 2.5 hours before the trial on Nov. 5, 2015
`yelled at me and my attorney to take his offer of $90,000.00 / said
`possibly $100,000.00, otherwise, he would dismiss the case anyway,
`that he had authority to dismiss the case even if the jury returned
`verdict for plaintiff. I was having chest pains and head pressure
`due to threats and wanted to talk to my attorney to adjourn trial, but
`Justice Feinman did not allow. I was forced to testify under stress.
`Appendix 3: Nov. 5, 2015 Trial Transcript, Settlement offer: Page: 4.
`
`Why did Justice Robert Feinman further Dismissed post trial Order
`to Show Cause motion requesting the Court to set aside Jury's
`Verdict contrary to the weight of the evidence for the interest of
`justice CPLR 4404; CPLR 4404(A); he could have granted the OSC,
`since he stated during trial that he could not assume my attorney's
`Role. My attorney failed to comply with statute of limitation rules
`and OSC was denied. I was misrepresented by my attorney.
`Appendix 4: (A) post trial "OSC" Motions - (B) Mario Polese, Esq. Aff.
`
`Stuart A. Jackson filed an Appeal from Sup. Ct. Order Entered
`March 2, 2016, denying Order to Show Cause motion. My attorney
`filed from the Judgment Entered April 22, 2016 causing dismissal of
`my Appeal at Appellate Div. 2nd J.D. Appendix 1 (E): 06/30/2016 Dec.
`
`Chief Justice Janet DeFiorio, Court of Appeals Albany, NY, Decision
`dated Sept. 8, 2016 Conflicts Appellate Division 2nd J.D. Decision
`dated June 30, 2016 which dismissed my case because my attorney
`failed to file from the Judgment Entered April 22, 2016; Justice Janet
`DeFiorio's 09/08/2016 Decision states:
`
`"Motion, insofar as it seeks leave to appeal from the June, 2016
`App. Div. Order, dismissed upon the order does not finally
`determine the action within the meaning of the Constitution."
`
`

`

`S.
`
`Thereafter Appellate Division allowed me to file Untimely Notice of
`Appeal from the Judgment due to legal Mis-representation, the
`Court assigned a new Docket No.: 2016-11032 but MTA attorney
`objected to Untimely Appeal regardless of Misrepresentation by my
`attorney who failed to file from the Judgment and caused dismissal.
`The appellate Division dismissed my appeal again, due to MTA
`Objection. Decision dated May 10, 2017. Appendix 1 (D).
`
`I appealed again to Court of Appeals from App. Division 2nd Decision
`dated May 10, 2017. Appellate Div. did not permit me to appeal and
`the Court of Appeals dismissed my case (Decision Aug. 17, 2017
`The Appellate Division Second Dismissal on May
`Appendix 1 (B).
`10, 2017 based on "Untimely Appeal" was dismissing the Appeal for
`the same reasons for second time again as (Untimely Appeal)
`regardless of the fact that Stuart A. Jackson, Esq. Caused the
`Dismissal by failing to appeal from the Judgment. I should have not
`lost my Right to Appeal due to my attorney incompetency, who did
`not appeal from the Judgment.
`
`Why Did MTA not produce the Latino Driver who injured me
`permanently? MTA produced a white driver, Mr. Epstein, for EBT
`and at Trial to testify, he was not the driver who injured me. Mario
`Polese, Esq., MTA Internal Attorney states in her Aff. Dated Dec. 29,
`2015 in objection to my post trial OSC, states the following as to why
`MTA could not produce the Latino driver who injured me. Mario
`Polese, Esq., MTA Agency Attorney's in her Dec. 29, 2015 Aff. states:
`
`"As Viola Transportation Svcs, Inc. is not a Defendant in this
`action and is a separate and district legal entity from Defendant
`MTA, Long Island bus, Defendant MTA Long Island Bus has no
`control over Aubrey Greenidge or any of the employees of Veolia
`Appendix No. 4 (B).
`Transportation Svcs. Inc.".
`
`If MTA could produce Mr. Epstein who has been working for Nassau
`County Viola Bus Corporation since Dec. 30, 2011, and who worked
`for MTA Long Island Bus until 12/29/2011 (during which period of
`time I was injured on August 24, 2011); then MTA could have
`produced the Latino Driver who injured me, who worked for MTA
`Long Island Bus when I was Injured on 08/24/2011 and who has been
`working for Viola Bus effective 12/30/2011.
`
`The Latino Driver who injured me was violent and negligent with
`repeated violations, MTA produced a white driver with good records.
`
`

`

`TABLE OF CONTENTS
`
`I. OPINIONS 131I4cJV/:
`
`- ................................
`
`JURISDICTION:
`
`........................................
`
`CONSTITUTIONAL AND STATUTORY
`PROVISIONS I-NVOLED
`
`STATEMENT OF THE CASE:
`
`PAR. 2: Justice Angela lannacci's Order
`Denying Def's Summary Judgment
`
`IV (1) 2009 & 2010 Real Estate Broker Income
`
`IV (2) Permanent Injuries, Debilitating
`Disabilities, Pain/Suffering
`
`Par: [(a)(b)(c)(d)(e)(f) (g) (h)(i)(j)(k) (1) (m)]
`
`IV (3) 2007 CTscan: Small Tarlov Cyst/Meningial
`Cyst in Sacrum in Dec., 2007; & Lumbar
`Spine MRI on May 30, 2012 stating Huge
`Assymptomatic Tarlov Cyst size of
`8cm x 4cm x 3.5cm; became aggravated
`due to Traumatic Bus Accident.
`
`IV (4) DR. FRANK FEIGENBAUM,
`NEUROSURGEON, DALLAS, TEXAS,
`Radiographic Findings & Impressions
`Lumbar Spine Diagnosis Report stating
`Tarlov Cyst aggravated causing damages
`Due to Bus Traumatic Accident
`
`PAGE
`
`2
`
`3
`
`4
`
`5
`
`5
`
`8
`
`12
`
`18
`
`19
`
`__
`
`. ... ---.--
`
`

`

`N
`
`V. REASONS WHY PETITION SHOULD BE
`GRANTED
`[A-B-C-D-E-F-G-H-I-J-K-L-M -N-0-P]
`
`LEGAL MALPRACTICE BY ATTORNEY
`OSC was Filed Untimely, OSC Denied.
`
`ATTORNEY MIS-REPRESENTED
`He failed to File from April 22, 2016
`Judgment causing App. Div. 2nd J.D.
`To Dismiss Appeal
`
`MY ATTORNEY COMMITTED MISCONDUCT
`$10,000.00 for Legal Fees and Disbursements
`he demanded to deposit in his wife's Account.
`I found out 2 years later the reason was that he
`Was not competent to manage Escarow Acct.
`
`21
`
`21
`
`21
`
`22
`
`OBSTRUCTION OF JUSTICE AT TRIAL
`On Nov. 5, 2015
`
`23
`
`Michael Paglino, MTA attorney during a break when 24
`I was in Court but my attorney had left court room,
`Michael Paglino told Justice Feinman to move for a
`"Directed Verdict". Appendix. No. 3: ,Transc.: Pg. 43.
`
`During Nov. 5, 2015 I testified while
`having chest pains and head pressure..
`
`The Court refused to Read Missing
`Witness Charge, Aubrey Greenidge, Mgr.
`
`Although Justice Feinman Acknowledged
`and Recognized the fact that Plaintiff was
`Mis-represented by her attorney, Justice
`Feinman Denied my "OSC" motion
`
`24
`
`25
`
`25
`
`Vj
`
`

`

`25
`
`25
`
`MTA DID NOT PRODUCE THE LATINO DRIVER
`Who injured me, MTA produced Mr. Epstein, White.
`
`MARLO POLESE, MTA INTERNAL ATTORNEY
`states in her Aff. Dated Dec. 29, 2015 they could
`not produce the Latino driver who injured me
`since MTA no longer operated Long Island
`Buses after Dec. 2011 Agreement, but at the time
`I was injured on Aug. 24, 2011 the Latino driver
`worked for MTA, and after the 12/29/2011 Agr.
`Between Nassau County and MTA, the Latino
`driver worked for Viola Bus Corp. Nassau County.
`APPENDIX NO. 4 (B): Mario Polese Aff: 12/29/2015.
`
`Court of Appeals, Albany, NY, Sept. 8, 2016
`Decision conflicts Appellate Division 2nd J.D. Dec.
`dated June 30, 2016. Appendix No. 1 (B) & (E).
`The Court of Appeals, Chief Justice Janet DiFiore's
`Sept. 8, 2016 Decision states:
`
`26
`
`"Motion, insofar as it seeks leave to appeal from
`the June 2016 Appellate Division Order, dismissed
`upon the order does not finally determine the
`action within the meaning of the Constitution."
`
`My Right to have a new trial due to Obstruction of
`Justice and attorney mis-representation during
`Trial on Nov. 5, 2015 was taken away from me at Sup.
`Ct. My Right to Appeal w1s denied as well at App.
`Div. and at Court of Appeals because my attorney
`Did not file from the Sup. Ct. Justice Feinman's
`Judgment Entered April 22, 2016.
`
`27
`
`After the injuries, I could no longer afford paying
`for my daughter's continued education expenses to
`get her Masters Degree, and PhD. She had graduated
`from NYU and taken some credits towards her
`Master's Degree when I was injured, she was affected.
`
`28
`
`We were evicted from our Apt. on Aug. 31, 2017
`from Shelton, CT; I could no longer pay the rent
`since Mayfield Pre-Settlement Company in
`Phoenix, Arizona stopped funding my case in 12/2016.
`
`29
`
`

`

`0. My daughter's mental health condition worsened
`due to negative impact by the Eviction. She has
`been hospitalized repeatedly . ........ from Dec. 12,
`2017 she has been hospitalized at South Oaks
`Hospital in Amittyville, NY. On 2/23/2018 at a
`Court Hearing Court ordered 6 months retention.
`
`29
`
`P. I don't understand why the Justice System I trust
`and believe in, has failed me and my injuries due to
`Legal malpractice, mis-representation by my Attorney,
`not being competent; and also Obstruction ofJustice.
`
`30
`
`VI. CONCLUSION
`
`30-31
`
`INDEX TO APPENDICES
`
`APPENDIX NO. 1: [Pg. 32-471
`
`Court of Appeals, Albany, NY Decision dated Sept. 12, 2017
`Appellate Division 2nd J.D. Decision Dated: Aug. 17, 2017
`Appellate Division 2nd J.D. Decision Dated: May 10, 2017
`Court of Appeals, Albany, NY Decision dated Sept. 8, 201
`Appellate Division 2nd J.D., Decision Dated: June 30, 2016
`Justice Thomas Feinman, Judgment Entered April 22, 2016
`Justice Thomas Feinman's Order Entered March 2, 20
`Justice Thomas Feinman's Order to Show Cause Nov. 30, 201
`Justice Angela lannacci's Order Denying Motion for
`Summary Judgment Dated Entered July 8, 2015.
`
`APPENDIX NO. 2: [Pg.: 48-671
`Sup. Ct. Justice Angela lannacci's Decision dated July 6, 2015
`Denying Defendant's Motion for Summary Judgment
`Plaintiff's Reply Affm. And Reply Aff. In Objection.
`
`APPENDIX NO. 3: [Pg.: 68-1251
`Settlement Offer & Trial Transc. Nov. 5, 2015 Sup.Ct. NC, NYS.
`(A)
`
`

`

`OL
`
`APPENDIX NO. 4: [Pg.: 126 -1401
`Post Trial "OSC" Motions Requesting Justice Feinman to set
`aside Jury's Verdict Contrary to the Weight of the Evidence for
`the interest of Justice [CPLR 4404 & 4404 (a)].
`Mario Poiese (MTA Internal Attorney)'s Aff. Dated 12/29/2015.
`
`APPENDIX NO. 5: [Pg.: 141 - 1501
`(A) $10,000.00 Check, $5,000.00 Legal Fees, $5,000.00 for the
`Disbursements; and Two Contingency 33.3% Retainer Agr.
`
`APPENDIX NO. 6: [Pg.: 151 - 1551
`Dec., 2007: Heart/Cervix CTScn: Small Tarlov Cyst.
`(A)
`
`APPENDIX. NO. 7: [Pg. 156 -1761
`03/02/2012 Left Knee Surgery Report
`Lumbar Spine Surgery Report
`Dec. 14, 2007CTA showing healthy heart, and small normal
`harmless Assymptomatic Meningeal/ Tarlov cyst in sacrum.
`05/31/12 MRI of Lumbar Spine showing huge Meningeal Cyst:
`8cmX3.5cmX4cm Cyst;
`Dr. Feigenbaum's 11/28/2012 Meningeal Cyst Surgery Rpt.
`Dr. Feigenbaum's 08/13/2012 Diagnosis Letter Re Tarlov Cyst.
`Heart "PFO" and "ASA" Conditions, Mitral/Truscupid Valves,
`and Heart Left Ventricle Rpts.
`
`APPENDIX NO. 8: [Pg.: 177 -1851
`Sold / Rented Properties during 2009, 2010, and 2011.
`Last Listing at $3M.
`Petitioner's Real Estate Marketing Information.
`
`
`APPENDIX. NO. 9: [Pg.: 186 -1911
`Aug. 31, 2017 Eviction Documents from Shelton, CT.
`NYC-NYS Temporary Shelter / Voucher Information.
`Feb. 23, 2018 Court Order Re Six (6) Months Retention.
`
`APPENDIX NO. 10: [Pg.: 192 -1931
`Mayfield Settlement Funding Agreement/Bill Nov. 12, 2016.
`(A)
`
`--
`
`vii!
`
`-
`
`-
`
`

`

`TABLE OF AUTHORITIES CITED
`
`CASES:
`
`PAGE NO.
`
`Zuckerman v. City of New York, 49 NY2d 557 [19801).
`
`5
`
`Urquhart v New York City Transit Auth., 85 NY2d 828 [1995]. 5
`
`STATUTES AND RULES:
`
`STATUTES OF LIMITATION:
`
`After Nov. 5, 2015 one day Liability Trial my attorney did not file the
`Order to Show Cause on time (within 15 days) based on Statute of
`Limitation; which caused MTA attorney to object and Justice
`Thomas Feinman, dismissed my case for Untimely Filing of OSC.
`My attorney also did not file from the Judgment Entered April 22,
`2016 and my, ease was Dismissed again by the Appellate Div. 2JD.
`On Nov. 5, 2015, Due to Justice Feinman threats for 2.5 hours before
`trial started, yelling at me to take his low offer or he would make
`sure my case would be dismissed, he said had the authority to
`dismiss the case anyway even if the Jury returned verdict for me.
`
`LEGAL MALPRACTICE AND MIS-REPRESENTATION BY MY ATTORNEY:
`
`CPLR 4404: and CPLR: 4404 (a)
`
`If Justice Feinman during trial didn't understand my Attorney's Role
`on Nov. 5, 2Q15, Justice Feinman could have and should have
`granted theOSC Motion to set aside Jury's Verdict Contrary to the
`Weight of the Evidence for the interest of Justice.
`[CPLR 4404 & 4404 (a)]
`(Appendix No. 3: Trial Transcript Pg. No. 79; Appendix Pg. 123.
`
`COURT OF APPEALS DECISION DATED SEPT. 8. 2016 CONFLICTS
`APPELLATE DIVISION SECOND J.D. DECISION DATED JUNE 30. 2016.
`
`A. The Court of Appeal, Chief Justice Janet DiFiore's Sept. 8, 2016
`Decision Conflicts the Decision of the Appellate Div. 2nd J.D.
`Decision dated June 30, 2016 which dismissed my case because my
`attorney did not file from the Judgment entered 04/22/2016.
`
`

`

`MIA
`
`IN THE
`
`SUPREME COURT OF THE UNITED STATES
`
`PETITION FOR WRIT OF CERTIORARI
`
`Petitioner respectfully prays that a writ of certiorari issue to review the judgment
`
`below.
`
`I. OPINIONS BELOW
`[Appendix No. 1: A,B,C,D,E,F,G,H,I]
`
`The opinion of the Court of Appeals, Albany, New York Motion Decision, Decided on
`Sept. 12, 2017, Motion No. 2017-679 Decided on Sept. 12, 2017, Slip Opinion No.
`2017, NY Slip Op 85500 to review the merits Appears at Appendix No. 1 (A) to
`the Petition and is Published by New York State Law Reporting Bureau pursuant
`to Judiciary Law Section 431.
`
`The opinion of the Appellate Division Second Judiciary Dept., Brooklyn, NY, Motion
`No. 2016-11032 Decided on August 17, 2017, Motion No.: M236231 E/ct; to review
`the merits appears at Appendix No. 1 (B), to the Petition and is Published by
`New York State Law Reporting Bureau pursuant to Judiciary Law Section 431.
`
`The opinion of the Appellate Division Second Judiciary Dept., Brooklyn, NY, Motion
`No. 2016-11032 Decided on May 10, 2017, Motion No.: M230789 E/afa; to review
`the merits appears at Appendix No. 1 (C), to the Petition and is Published by
`New York State Law Reporting Bureau pursuant to Judiciary Law Section 431.
`
`The opinion of the Appellate Division Second Judiciary Dept., Brooklyn, NY, Motion
`No. 2016-11032 Decided on May 10, 2017, Motion No.: M230789 E/afa; to review
`the merits appears at Appendix No. 1 (D), to the Petition and is Published by
`New York State Law Reporting Bureau pursuant to Judiciary Law Section 431.
`
`The opinion of the Court of Appeals, Albany, New York Motion Decision, Decided on
`Sept. 8, 2016, Motion No. 2016-777, Slip Opinion No. 2016, NY Slip Op 84828; to
`review the merits Appears at Appendix No. 1 (D) to the Petition and is Published
`by New York State Law Reporting Bureau pursuant to Judiciary Law Section 431.
`
`The opinion of the Appellate Division Second Judiciary Dept., Brooklyn, NY, Motion
`No. 2015-08707 Decided on June 30, 2016, NY Slip Op 2016 NY Slip Op 78374(U);
`to review the merits appears at Appendix No. 1 (E), to the Petition and is
`
`

`

`Published by New York State Law Reporting Bureau pursuant to Judiciary Law
`Section 431.
`
`The opinion of the Supreme Court Nassau County, Mineola, NY, Justice Robert
`Feinman, Proposed Judgment Decided April 19, 2016, and Entered April 22, 2016,
`(F), to the Petition, and is
`to review the merits appears at Appendix No. 1
`recorded by Nassau County Clerk, Mineola, New York; Instrument Number: 2016-
`00109497 As J01 - Judgment-Supreme Court-Nassau County, NY.
`
`The opinion of the Supreme Court Nassau County, NY, Justice Robert Feinman,
`Motion Decided; Order dated March 1, 2016, Entered March 2, 2016, Motion
`Sequence No. 4, Motion Submission Date: Jan. 19, 2016; Index Number 10773-
`2012; to review the merits appears at Appendix No. 1 (G).
`
`The opinion of the Supreme Court Nassau County, NY, Justice Robert Feinman's
`Order to Show Cause, Dated Nov. 24, 2015; Signed on Nov. 30, 2015; with Original
`Return Date on Dec. 4, 2015, and Entered March 2, 2016, Motion Sequence No. 4,
`Motion Submission Date: Jan. 19, 2016; Index Number 10773-2012; to review the
`merits appears at Appendix No. 1 (H).
`
`The opinion of the Supreme Court Nassau County, NY, Justice Angela lannacci's
`Order, Trial / lAS, Part 11, Motion Sequence No.: 002, Index No.: 10773/2012,
`Motion Date: June 12, 2015, Order Dated July 6, 2015 and Entered July 8, 2015 to
`review the merits appears at Appendix No. 1 (I).
`
`APPENDIX NO. 1:
`
`Court of Appeals, Albany, NY Decision dated Sept. 12, 2017
`
`Appellate Division 2nd J.D. Decision Dated: Aug. 17, 2017
`Appellate Division 2nd J.D. Decision Dated: May 10, 2017
`
`Court of Appeals, Albany, NY Decision dated Sept. 8, 2016
`
`Appellate Division 2nd J.D., Decision Dated: June 30, 2016
`
`Justice Thomas Feinman, Judgment Entered April 22, 2016
`
`Justice Thomas Feinman's Order Entered March 2, 2016
`
`Justice Thomas Feinman's Order to Show Cause Nov. 30, 2015
`
`Justice Angela lannacci's Order Entered July 8, 2015.
`
`2
`
`

`

`IT. JURISDICTION
`
`I was advised by the Court of Appeals, Albany, New York about the
`opinion of the Court of Appeals, Albany, New York Motion Decision,
`Decided on Sept. 12, 2017, Motion No. 2017-679 Decided on Sept, 12, 2017,
`Slip Opinion No... 2017, NY Slip Op 85500 to review the merits Appears at
`Appendix No. 1 (A) to the Petition and is Published by New York State
`Law Reporting Bureau pursuant to Judiciary Law Section 431.
`
`The Court of Appeals Clerk's Office advised me that I could make a Motion
`to the United States Supreme Court in Washington D.C. with respect to
`reviewing the case.
`
`I sent documents and Appendices to the United States Supreme Court in
`Washington, D.C. and the Clerk's Office returned documents on January 5,
`2018 for corrections to be made; the Clerk's Office permitted 60 days to file
`my motion and documents.
`
`3
`
`

`

`V
`
`I
`
`III. CONSTITUTIONAL AND STATUTORY
`PROVISIONS INVOLVED
`
`There is a Conflict between the Court of Appeal's Sept. 8, 2016 Dec. and
`
`App. Div. 06/30/2016 Dec. The Court of Appeals' Sept. 8, 2016 Dec. stated
`
`that App. Div. in its June 30, 2016 Dec. [Appendix 1(E)] did not determine
`
`the action within the meaning of the Constitution [Appendix 1: (A)]:
`
`"Motion, insofar as it seeks leave to appeal from the
`June 2016 Appellate Division Order, dismissed
`upon the order does not finally determine the
`action within the meaning of the Constitution."
`
`Stuart A. Jackson, Esq., my attorney Mis-represented me, he had a
`
`medical condition and was not competent which I found out in 2016 when
`
`he did not file from the Judgment. He did not file "OSC" motion on time
`
`based on Statute of Limitation and both MTA attorney and Justice Robert
`
`Feinman denied "OSC" Motion. The Order to Show Cause motion had
`
`asked the Court to set aside the Jury's Verdict Contrary to the Weight of
`
`the Evidence for the interest of justice CPLR 4404 and CPLR 4404(a). I
`
`was not permitted during one day liability trial to talk to my attorney to
`
`ask court adjourn the case since I was having chest pains, head pressure;
`
`but Court did not allow. I testified having chest pains and head pressure.
`
`Stuart A. Jackson, Esq. also did not file Appeal from the Judgment
`
`Entered April 22, 2016 by Justice Feinman and Appellate Division 2nd J. D.
`
`4
`
`

`

`dismissed my case. I discharged my attorney and tried to file on my own,
`
`but MTA attorney objected that it was "Untimely" and dismissed my case.
`
`IV. STATEMENT OF THE CASE
`
`I am seeking justice since my permanent irreversible injuries, pain and
`
`suffering were dismissed by (1) Sup. Ct. Nassau County, Mineola, NY; (2)
`
`Appellate Division 2nd Judicial Dept., Brooklyn, NY; (3) Court of Appeals,
`
`Albany, NY; because I was Mis-Represented by Stuart A. Jackson, Esq., my
`
`Attorney, who told me he filed from the Judgment, but evidently he did not,
`
`he was having medical conditions.
`
`2. Justice Angela lannacci in Order Entered July 8, 2015 stated:
`
`"The Defendant has failed to establish its entitlement to
`judgment as a matter of law because it failed to present
`any evidence that the bus driver operating the bus at
`the time of the alleged incident was free of negligence
`(see Zuckerman v. City of New York, 49 NY2d 557 [19801).
`In any event, the plaintiff submitted sufficient evidence
`to create a triable issue as to whether her fall was
`caused by a sudden and violent jerking motion of the
`bus (Urquhart v New York City Transit Auth., 85 NY2d
`828 [1995]. Accordingly, the motion is denied.".
`
`APPENDIX NO. 1 (I):
`Sup. Ct. Justice Angela lannacci's Decision dated July 6, 2015
`Denying Defendant's Motion for Summary Judgment
`
`APPENDIX NO. 2 (A)
`A- Plaintiffs Reply Affm., & Reply Aff. In Opp. to Summary Judgment.
`
`5
`
`

`

`a
`
`I always worked very hard to accomplish and achieve my goals. I thought
`
`that as long as I worked very hard to achieve my goals that I could become a
`
`successful broker. I graduated from St. John's University, became Real
`
`Estate Agent in 2003, and Real Estate Broker in 2008. I always wanted to
`
`help my children succeed in life help them with college, their educational
`
`goals. I worked from 1981 to 1985 for UBAF Bank on Park Ave., NYC for
`
`one year; and for Chemical Bank on Broadway, Downtown Manhattan and
`
`then their Finance Dept. in Madison Ave., from 1982-1985 for almost three
`
`years. During my employment with Chemical Bank, I entered Chemical
`
`Bank Business Management Program in 1983, attending St. John's
`
`University classes at nights and during weekends, while working during the
`
`day 9 to 5 in Mid-town Manhattan for their Finance Dept.
`
`I received my
`
`Bachelor of Science Degree in 1989 from St. John's University, Jamaica, NY.
`
`During 1986 to 1992, I stayed home a few years to take care of my three
`
`young children and be there for them until they entered elementary school.
`
`From 1993 until 2003, I worked for different law firms in Mid-town
`
`Manhattan as Legal Assistant. In 2003 I became a Real Estate Agent. In
`
`2008, I took NYS Real Estate Broker Exam and became a Real Estate
`
`Broker. From 2004 to 2007 I was working 9-5 for law firms in Long Island,
`
`and during afternoons showing properties; and open houses on Weekends.
`
`6
`
`

`

`a.
`
`In 2009 I was becoming successful in real estate; rented 30 Apartments in a
`
`New Construction Building in Bronx; I also sold houses in North Shore Long
`
`Island and rented houses in Long Island. In 2010 for the first six months
`
`from Jan., 2010 until June, 2010, I made $45,700.00 selling Houses in Long
`
`Island and also rented properties. I decided to focus on Real Estate since I
`
`was doing very well and I loved real estate, I wanted to have my own office in
`
`either Great Neck or Port Washington in Nassau County, Long Island, hire
`
`agents and expand. my business. I became successful, selling my listings by
`
`sharing them with MLS members sharing commission at 50%-50%. I always
`
`wanted to be successful in life in order to help my children succeed. My last
`
`listing in Brookville at $3M; last sold property over $1M in L.I.in June, 2010.
`
`5. However,, due to injuries by MTA bus driver in April 11, 2011 and again in
`
`August 24, 2011, I lost all my listings including the last listings over $1M, in
`
`Sept., 2011. Due to injuries and disabilities I could not sell them, I could not
`
`run round like before, giving open houses on weekends. I had a cast on my
`
`left foot caused by April 11, 2011 accident, I had to go to doctors, physical
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`therapies. After Aug. 24, 2011 accident, I was having left knee problems as
`
`well as feet Tingling Numbness. I. was having hard time walking. I lost my
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`listings during Aug.- Sept. 2011. The owners told me that I was not as active
`
`as before the injuries when I took the listings.
`
`Appendix 8 (A): Sold / Rented Properties during 2009, 2010, 2011
`Last 2 'listings in 2011 at $3M and $1.675M.
`
`7
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`

`

`IV(1) 2009 & 2010 Real Estate Broker Income
`2009 Real Estate Income: $71,344.00.
`2009 SOLD PROPERTIES:
`26 Lee Ave., Albertson, NY; sold: $685,000; Commission:
`
`$11,700.00.
`
`86 Dorothy Dr., E. Meadow, NY; sold: $370,000.00; Comm: $05,500.00.
`
`110-30 St. Albans, Farmers Blvd., NY; sold: $380,000.00; C: $01,800.00.
`
`2009 RENTED' PROPERTIES:
`855 E. 217 St., Bronx, NY; rented 30 Apts to NYS/DHS; C: $45,665.55.
`[16 One Bdrm; 9 Two Bdrm; & 5 Three BdrmApts.].
`
`Broker Fees to Charles Ruthenberg Realty: Broker %:
`
`$06,679.00
`
`2010 Total Real Estate Income: $63356.00.
`Jan. - June: $45,762.00 - July - Dec.: $17,728.00
`During July 2, 2010 to Oct., 2010: Injuries: Left Eardrum Rupture.
`
`2010 SOLD PROPERTIES:
`$03,788.00.
`75-20 Bay Blvd., Bayside, NY; sold: $252,500.00; Comm:
`57 Fraser Ave., N. Merrick, NY; sold: $550,000.00; Comm: $11,000.00.
`155 Crest Ave., Elmont, NY; sold: $360,000.00; Commission: $07,200.00.
`66 Carol P1, Jericho, NY; sold: $1,043,000.00; Commission: $15,600.00.
`
`2010 RENTED PROPERTIES:
`Apt. #1, 92-16, 175th St, Jamaica, NY; Rented: $1,316.00, C: $2,368.80.
`Apt. #3, 92-16, 175th St, Jamaica, NY; Rented: $1,316.00, C: $2,368.80.
`Apt. #2, 92-12, 175th St, Jamaica, NY; Rented:$960.00, C: $1,926.00.
`Apt. #4, 92-12, 175th St, Jamaica, NY; Rented: $1,316.00, C: $0,562.00.
`12 Cornwall Ln, Pt Washington, NY; Rented: $1,900.00; C: $0,950.00.
`1775 New York Ave, NY; Rented: $2,595.00; Commission: $1,297.00.
`Apt.#2A 92-16, 1751h St, Jamaica, NY; Rented:$1,316.00; C: $2,368.80.
`227 Carnation Ave, Floral Park, NY; Rented:$3,200.00; C: $5,214.00.
`Apt. #3, 92-08, 175t11 St, Jamaica, NY; Rented: $1,316.00, C: $2,368.80.
`Apt. #1, 92-14, 175t11 St, Jamaica, NY; Rented: $1,250.00, C: $2,250.00.
`Apt. #1, 92-12, 175th St, Jamaica, NY; Rented: $1,500.00, C: $1,800.00.
`Apt. #R2, 855 217th St, Bronx, NY; Rented $960.00, Comm: $2,031.00.
`Apt. #2, 92-10, 175t11St, Jamaica, NY; .Rented:$1,100.00, C: $1,400.00.
`
`Appendix 8 (A): Sold / Rented Properties during 2009 and 2010.
`Appendix 8 (B): Last listing in 2011 at $3M.
`
`[s]
`
`

`

`On August 24, 2011, the bus was late for approximately half hour. I called
`
`MTA Long Island Bus to find out if the bus was coming or not, from my cell
`
`phone number then: 516-375-6192. The MTA L. I. Bus representative put
`
`me on hold to talk to the driver, asking why he was half hour late and if he
`
`was going to make it. She then told me to wait and that the bus was coming
`
`in few minutes. When the bus came, I asked the driver to please raise the
`
`step to get on. He looked very angry. He did not raise the step and did not
`
`say why he didn't raise the step. He looked angry and he didn't talk at all.
`
`While I was putting quarters in the box, he was turning the wheel around to
`
`the left without moving the bus, when I went to sit down on chair he
`
`suddenly jerked, lurched into next two left lanes which caused high impact I
`
`was thrown towards the empty seat spun in a semi circle, my upper left leg,
`
`and ankle hit by the chair having excruciating pain with bruises, it all
`
`happened instantly in less than a second.
`
`I could see what the bus driver could see, there was no traffic, no rain, no
`
`pedestrian, there was nothing to have caused him so violently let the bus
`
`jerk lurch into the next two left lanes. The accident caused Spine and left
`
`knee surgeries, with permanent disabilities and debilitating post surgery
`
`symptoms, pain and suffering. The details of how the accident happened are
`
`specified in Plaintiffs Reply Affirmation and Reply Aff. in objection to Def.'s
`
`motion for summary Judgment.
`
`VA
`
`

`

`APPENDIX NO. 1 (I)
`I- Sup. Ct. Justice Angela lannacci's Decision dated July 6, 2015
`Denying Defendant's Motion for Summary Judgment.
`
`APPENDIX NO. 2 (A):
`A- Plaintiffs Reply Affm.; Reply Aff. Objecting to Summary Judgment.
`
`I had recently taken the cast off of my left foot which was injured by MTA
`white bus driver in April 11, 2011 accident on Aug. 15th, .2011. I was looking
`
`forward to get back on real estate track; getting listings again to achieve my
`
`goal, having my own office in Nassau County Long Island hiring, agents,
`
`expanding real estate business. After I was injured again on Aug. 24, 2011, I
`
`felt awful and horrible in a shock thinking why I was injured again, why?
`
`Why another MTA driver injured me? I had no answer and I was shocked - I
`
`was laying down on asphalt in Roosevelt Field due to extreme pain in my left
`
`ankle for approximately 45 minutes; I had to transfer to another bus which
`
`was coming later. I just wanted to close my eyes go to sleep, wake up and
`
`realize that it was just a nightmare. I could not believe I was injured again.
`
`I kept thinking what was going to happen to me and if I had to wear a cast
`
`again. I thought everything was over, hopeless, not sure what was going to
`
`happen to my real estate business.
`
`The Severity of my spine injuries and surgery, and the left knee injuries and
`
`surgery, and post spine surgery conditions and symptoms of partial waist
`
`and left leg paralysis, extremities numbness, not being able to normal walk,
`
`10
`
`

`

`fast walk or run, nerve damage, tingling and numbness, frequent head
`
`pressure and inflammation, etc., proof of how Violently, Unusually the bus
`
`driver was jerking, lurching into next two left lane, causing extremely high
`
`violent impact due to which I was injured. The severity of my Permanent
`
`Spine and Left Knee Injuries and surgeries causing severe Disabilities and
`
`life threatening conditions post Spine Surgery, Waist and left leg partial
`
`paralysis (cannot fully turn right and left, Nerve problems, Incontinence,
`
`extremities, numbness, are proof of how suddenly violently unusually the
`
`MTA bus driver jerked lurched into the next two left lanes when I was on my
`
`way to sit down, he did not wait for me to sit down. He had turned the
`
`steering wheel all the way to the left without moving the bus when I was
`
`paying my fare, he violently suddenly unusually lurched jerked into the next
`
`two left lanes and caused me permanent irreversible injuries, surgeries, and
`
`life threatening conditions and symptoms.
`
`10.1 point to the Driver's Erratic, Unusual, Violent Jerking lurching to the next
`
`two left lanes; and I point to the Severity of my Spine Surgery and Left Knee
`
`Surgery and post spine surgery conditions and symptoms, paralysis,
`
`extremities numbness, nerve problems, incontinence as Proof of how violently
`
`suddenly unusually the bus driver swerved to left lane while he had turned
`
`the steering wheels to the left without moving the bus when I was paying bus
`
`fare; he suddenly violently jerked lurched into next two left lanes when I was
`
`11
`
`

`

`n
`
`going to sit down (he did not wait few seconds for me sit down, he suddenly
`
`jerked lurched into the next two left lanes; proof of "Negligence" and violent
`
`sudden jerking lurching by MTA L.I. Bus Driver.
`
`APPENDIX NO.1 (I)
`I- Sup. Ct. Justice Angela lannacci's Decision dated July 6, 2015
`Denying Defendant's Motion for Summary Judgment.
`APPENDIX NO. 2 (A):
`B- Plaintiff's Reply Affm.; Reply Aff. Objecting to Summary Judgment.
`
`IV (2) PERMANENT INJURIES, DEBILITATING
`DISABILITIES, PAIN AND SUFFERING:
`
`(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1), (m) J
`I have had left knee & Spine (Sacral) injuries/surgeries;
`Balanëe Problems, Incontinence, Stroke, Post Surgery Partial
`Paralysis in waist and spine surgery areas (cannot move waist
`fully to right and left; and constant stiffness, cramping as if I
`am carrying 50 pounds of iron weight); as well as Loss of Hope,
`Motivation, Successful Real Estate Business/Income, and
`abilities.
`
`APPENDIX NO. 6:
`
`A- December 14, 2007: Heart/Cervix CTScn: Small Tarlov Cyst.
`LaJI CANNOT RUN, FAST / NORMAL WALK, CANNOT EXERCISE.
`
`I walk with painful Knee Clicking, extreme pain around spine surgery and
`
`waist area;