FILED: NEW YORK COUNTY CLERK 04/15/2016 01:21 PM INDEX NO. 150270/2014 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/15/2016 PXC/1654028 BU-13-06-04-09-001 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LAURENCE DEGUILME, Plaintiff, THE NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD, Defendant(s). NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD, Index No.: 150270/14 Third Party Plaintiff(s), Third Party Index No. NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, Third Party Defendant. STATEMENT PURSUANT TO RULE 3402(b) CPLR PLEASE TAKE NOTICE that NEW YORK CITY TAXI AND LIMOUSINE COMMISSION has been added as a third-party defendant in the within action and the title of the action has now been changed as indicated above. Dated: Brooklyn, New York April 15, 2016 TO: [SEE RIDER] Yours, etc. LAWRENCE HEISLER, ESQ. Attorney for Defendant(s)/Third Party Plaintiff(s) NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD 130 Livingston Street, 11 th Floor Brooklyn, New York 11201 (7l8) 694-3987 1 of 11
PXC/1655797 BU-13-06-04-09-001 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LAURENCE DEGUILME, Plaintiff, Index No.: 150270/14 THIRD-PARTY SUMMONS THE NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD, Defendant(s). NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD, Third Party Plaintiff(s), Third Party Index No. NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, Third Party Defendant. To the above named third-party defendant: You are hereby summoned and required to serve upon the third-party plaintiff s attorney an answer to the annexed verified third party complaint of the third-party plaintiff, which is herewith served upon you together with all prior pleadings in the action, within twenty (20) days after the service thereof, exclusive of the day of service. If the third party summons was not personally delivered to you within the State of New York the answer must be served within thirty (30) days after service of the summons is complete as provided by law. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the verified third party complaint. Dated: Brooklyn, New York April 15, 2016 2 of 11
TO: [SEE RIDER] Yours, etc. LAWRENCE HEISLER, ESQ. Attorney for Defendant(s)/Third Party Plaintiff(s) NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD 130 Livingston Street, 11 th Floor Brooklyn, New York 11201 (7l8) 694-3987 3 of 11
BU-13-06-04-09-001 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LAURENCE DEGUILME, Plaintiff, Index No.: 150270/14 THIRD-PARTY COMPLAINT THE NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD, Defendant(s). NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD, Third Party Plaintiff(s), Third Party Index No. NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, Third Party Defendant. The Defendant(s)/Third Party Plaintiff(s), NEW YORK CITY TRANSIT AUTHORITY (sued herein as THE NEW YORK CITY TRANSIT AUTHORITY ) and MILTON K. HAYWOOD by their attorney, LAWRENCE HEISLER, as for their third-party complaint against third-party defendant NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, alleges upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION: 1. That at all times hereinafter mentioned the Defendant(s)/Third Party Plaintiff(s) NEW YORK CITY TRANSIT AUTHORITY, was and still is a public benefit corporation existing under and by virtue of the laws of the State of New York. 2. That at all times hereinafter mentioned the Defendant(s)/Third Party Plaintiff(s) MILTON K. HAYWOOD, was and still is an employee of Defendant(s)/Third Party Plaintiff(s) NEW YORK CITY TRANSIT AUTHORITY. 4 of 11
3. That at all times hereinafter mentioned, the third-party defendant, NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, was and still is a public benefit corporations existing under and by virtue of the laws of the State of New York. 4. This is an action to recover damages for personal injury allegedly sustained by plaintiff, arising from a motor vehicle accident occurring on 3 rd Avenue, between 41 st Street and 42 nd Street, County, City and State of New York on June 4, 2013. 5. The action was commenced by filing of summons and complaint on or about January 10, 2014. Issue was joined by service of defendants NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD s answer on February 6, 2015. A copy of plaintiff s summons and complaint and defendants answer are annexed hereto as Exhibits A and B, respectively. 6. That at all times hereinafter mentioned, the third-party defendant NEW YORK CITY TAXI AND LIMOUSINE COMMISSION was the owner of a 2008 Toyota motor vehicle bearing New York State license plate number EFP4269. 7. That at all times hereinafter mentioned, the third-party defendant, NEW YORK CITY TAXI AND LIMOUSINE COMMISSION operated, maintained, managed and controlled a 2008 Toyota motor vehicle bearing New York State license plate number EFP4269. 8. That at all times hereinafter mentioned, the third-party defendant, NEW YORK CITY TAXI AND LIMOUSINE COMMISSION was the employer of plaintiff LAURENCE DEGUILME. 9. That at all times hereinafter mentioned, the third-party defendant, NEW YORK CITY TAXI AND LIMOUSINE COMMISSION trained plaintiff LAURENCE DEGUILME as a NEW YORK CITY TAXI AND LIMOUSINE COMMISSION inspector, 5 of 11
including but not limited to the operation, maintenance, management and control of the 2008 Toyota motor vehicle bearing New York State license plate number EFP4269. 10. That at all times hereinafter mentioned, plaintiff LAURENCE DEGUILME operated, maintained, managed and controlled a 2008 Toyota motor vehicle bearing New York State license plate number EFP4269 with the permission and consent of the thirdparty defendant, NEW YORK CITY TAXI AND LIMOUSINE COMMISSION. 11. That at all times hereinafter mentioned, plaintiff LAURENCE DEGUILME operated, maintained, managed and controlled a 2008 Toyota motor vehicle bearing New York State license plate number EFP4269 within the scope of his employment with the third-party defendant, NEW YORK CITY TAXI AND LIMOUSINE COMMISSION. 12. That at all times hereinafter mentioned, the third-party defendant, NEW YORK CITY TAXI AND LIMOUSINE COMMISSION had a duty to own, operate, maintain, manage and control the 2008 Toyota motor vehicle bearing New York State license plate number EFP4269 in a safe, careful and prudent manner as to avoid harm to plaintiff LAURENCE DEGUILME and to others. 13. That at all times hereinafter mentioned, the third-party defendant, NEW YORK CITY TAXI AND LIMOUSINE COMMISSION had a duty to properly train plaintiff LAURENCE DEGUILME as an inspector, including but not limited to the operatation, maintenance, management and control the 2008 Toyota motor vehicle bearing New York State license plate number EFP4269 in a safe, careful and prudent manner as to avoid harm to plaintiff LAURENCE DEGUILME and to others. 14. That at all times hereinafter mentioned, the third-party defendant, NEW YORK CITY TAXI AND LIMOUSINE COMMISSION was negligent in the ownership, operation, maintenance, management and control of the 2008 Toyota motor vehicle bearing New York State license plate number EFP4269. 6 of 11
15. That at all times hereinafter mentioned, the third-party defendant, NEW YORK CITY TAXI AND LIMOUSINE COMMISSION was negligent in the training of plaintiff LAURENCE DEGUILME as an inspector, including but not limited to the operation, maintenance, management and control of the 2008 Toyota motor vehicle bearing New York State license plate number EFP4269. 16. That by reason of the foregoing, the third-party defendant will be liable to the defendant(s)/third-party plaintiff(s) for in the full amount of recovery herein by the plaintiff or for that portion thereof caused by the relative responsibility of the third-party defendant, and for all costs and expenses, no part of which has been paid to the defendant(s)/third-party plaintiff(s). WHEREFORE, the defendant(s)/third-party plaintiff(s), NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD, demand judgment dismissing the complaint of the plaintiff herein as to defendant(s)/third-party plaintiff(s), further demand that the ultimate rights of the defendant(s)/third-party plaintiff(s) and third-party defendant be determined in this action, and further demands judgment for and against the thirdparty defendant, for any recovery by the plaintiff against the defendant(s)/third-party plaintiff(s), together with the costs and disbursements and for any and all expenses incurred by the defendant(s)/third-party plaintiff(s), NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD, in the defense of this action. Dated: Brooklyn, New York April 15, 2016 Yours, etc. LAWRENCE HEISLER, ESQ. Attorney for Defendant(s)/Third Party Plaintiff(s) NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD 7 of 11
130 Livingston Street, 11 th Floor Brooklyn, New York 11201 (7l8) 694-3987 8 of 11
VERIFICATION AFFIRMATION The undersigned, an attorney associated with LAWRENCE HEISLER, attorney for defendant(s)/third-party plaintiff(s) NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD herein, states that he has read the foregoing THIRD-PARTY SUMMONS & COMPLAINT and the same is true to his knowledge except as to matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true. Deponent further states that the sources of his information and the grounds of his belief are books, records and papers of the said defendant relating to the matter in issue and/or statements made by officers, agents and employees of the Defendant(s)/Third Party Plaintiff(s) and that the reason why this verification is not made by the Defendant(s)/Third Party Plaintiff(s) is that the Defendant(s)/Third Party Plaintiff(s) is a public corporation. perjury. The undersigned affirms that the foregoing statements are true, under penalties of Dated: Brooklyn, New York April 15, 2016 PETER H. CHANG 9 of 11
R I D E R PAVLOUNIS & SFOUGGATAKIS, LLP 7706 13TH AVENUE BROOKLYN, NEW YORK 11228 Attorney(s) for Plaintiff LAURENCE DEGUILME NEW YORK CITY TAXI AND LIMOUSINE COMMISSION Office of Legal Affairs 33 Beaver Street, 22nd Floor New York, NY 10004 Third-Party Defendant 10 of 11
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LAURENCE DEGUILME, Plaintiff, THE NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD, Defendant(s). NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD, Third Party Plaintiff(s), NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, Third Party Defendant. THIRD-PARTY SUMMONS, COMPLAINT AND STATEMENTS LAWRENCE HEISLER, ESQ. Attorney for Defendant(s)/Third-Party Plaintiff(s) NEW YORK CITY TRANSIT AUTHORITY and MILTON K. HAYWOOD 130 Livingston Street, 11 th Floor Brooklyn, New York 11201 (718) 694-3987 ATTORNEY CERTIFICATION BY: PETER H. CHANG 11 of 11