Preview
FILED: BRONX COUNTY CLERK 05/01/2024 07:31 PM INDEX NO. 820026/2023E
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 05/01/2024
EXHIBIT Z
Flowers v. Uber Techs., Inc., et al.
FILED: BRONX
KINGS COUNTY CLERK 05/01/2024
10/03/2022 07:31
03:21 PM INDEX
INDEXNO.
NO.820026/2023E
508598/2018
NYSCEF DOC. NO. 38
162 RECEIVED NYSCEF: 05/01/2024
10/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------- X
VERA FLOWERS : Index No.: 508598/2018
:
Plaintiff, :
: NOTICE OF ENTRY
- against - :
:
MUSSOLINI MOMBRUN, LYFT, INC., AMERICAN :
:
TRANSIT INSURANCE COMPANY, UBER
:
TECHNOLOGIES, INC., UBER USA, LLC and
DANACH-NY LLC
Defendants.
----------------------------------------- X
PLEASE TAKE NOTICE, that the within is a true copy of the Order of the Honorable
Debra Silber, J.S.C. duly entered in the office of the Clerk of the Court on the 30th day of
September, 2022.
Dated: White Plains, New York
October 3, 2022
Yours, etc.,
WILSON, ELSER, MOSKOWITZ, EDELMAN &
DICKER LLP
James F. Burke, Esq.
By: _________________________________
James F. Burke, Esq.
Attorneys for Defendant
UBER TECHNOLOGIES, INC.,
UBER USA, LLC, DANACH-NY
LLC
1133 Westchester Avenue
White Plains, NY 10604
(914) 323-7000
File No.: 15422.00603
james.burke@wilsonelser.com
276145977v.1
1 of 3
FILED: BRONX
KINGS COUNTY CLERK 05/01/2024
10/03/2022 07:31
03:21 PM INDEX
INDEXNO.
NO.820026/2023E
508598/2018
NYSCEF DOC. NO. 38
162 RECEIVED NYSCEF: 05/01/2024
10/03/2022
To: FELTON & ASSOCIATES
Attorneys for Plaintiff
1371 Fulton Street
Brooklyn, New York 11216
BAKER McEVOY MORRISEY & MOSKOVITS, PC
Attorneys for Defendant
MUSSOLINI MOMRUN
One Metrotech Center, 8th Floor
Brooklyn, New York 11201
LEWIS BRISBOIS BISGAARD & SMITH LLP
Attorneys for Defendant
LYFT, INC.
77 Water Street, Suite 2100
New York, New York 10005
SHORT & BILLY, P.C.
Attorneys for Defendant
AMERICAN TRANSIT INS. CO.
217 Broadway, Suite 300
New York, New York
276145977v.1
2 of 3
FILED: BRONX
KINGS COUNTY CLERK 05/01/2024
10/03/2022 07:31
03:21 PM INDEX
INDEXNO.
NO.820026/2023E
508598/2018
NYSCEF DOC. NO. 38
161
162 RECEIVED NYSCEF: 05/01/2024
09/30/2022
10/03/2022
9
30th September, 22
Debra Silber
VERA FLOWERS,
508598/2018
Plaintiff,
MUSSOLINI MOMBRUN, LYFT, INC., AMERICAN
TRANSIT INSURANCE COMPANY, UBER
TECHNOLOGIES, INC., UBER USA, LLC and
DANACH-NY LLC, NYSCEF
118-134
136-146
157
In Motion Seq. #3, defendants UBER TECHNOLOGIES, INC., UBER USA, LLC and
DANACH-NY LLC move for summary judgment and an order dismissing the complaint
against them along with any cross claims. After virtual oral argument, the motion is granted.
The complaint is dismissed as against these three defendants, along with any cross claims.
This action arises from a motor vehicle accident which took place in 2016. Plaintiff was
a pedestrian. Defendant Mombrun hit her with his livery vehicle. He admits this in his
response [Doc 25] to movants' Notice to Admit [Doc 24]. The vehicle had TLC plates. The
plaintiff has sued both Uber and Lyft, although he could also have been driving pursuant to
a radio or other device permitted for livery cabs. In the six years since the accident, the
plaintiff has not been able to determine if he had a passenger at the time of the accident. As
he initially fled the scene, the police report has no information about his passengers. He has not
been deposed, apparently, because the plaintiff's deposition has not been completed. Movant
provides an affidavit from a manager at Uber who certifies that Mombrun was not logged into
the Uber driver application at any time in the 24 hours before or after the accident [Doc 126].
X
3
:
Hon. Debra Silber, J.S.C.
1 of 3
3 1
Preview
FILED: BRONX COUNTY CLERK 05/01/2024 07:31 PM INDEX NO. 820026/2023E NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 05/01/2024 EXHIBIT Z Flowers v. Uber Techs., Inc., et al. FILED: BRONX KINGS COUNTY CLERK 05/01/2024 10/03/2022 07:31 03:21 PM INDEX INDEXNO. NO.820026/2023E 508598/2018 NYSCEF DOC. NO. 38 162 RECEIVED NYSCEF: 05/01/2024 10/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------- X VERA FLOWERS : Index No.: 508598/2018 : Plaintiff, : : NOTICE OF ENTRY - against - : : MUSSOLINI MOMBRUN, LYFT, INC., AMERICAN : : TRANSIT INSURANCE COMPANY, UBER : TECHNOLOGIES, INC., UBER USA, LLC and DANACH-NY LLC Defendants. ----------------------------------------- X PLEASE TAKE NOTICE, that the within is a true copy of the Order of the Honorable Debra Silber, J.S.C. duly entered in the office of the Clerk of the Court on the 30th day of September, 2022. Dated: White Plains, New York October 3, 2022 Yours, etc., WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP James F. Burke, Esq. By: _________________________________ James F. Burke, Esq. Attorneys for Defendant UBER TECHNOLOGIES, INC., UBER USA, LLC, DANACH-NY LLC 1133 Westchester Avenue White Plains, NY 10604 (914) 323-7000 File No.: 15422.00603 james.burke@wilsonelser.com 276145977v.1 1 of 3 FILED: BRONX KINGS COUNTY CLERK 05/01/2024 10/03/2022 07:31 03:21 PM INDEX INDEXNO. NO.820026/2023E 508598/2018 NYSCEF DOC. NO. 38 162 RECEIVED NYSCEF: 05/01/2024 10/03/2022 To: FELTON & ASSOCIATES Attorneys for Plaintiff 1371 Fulton Street Brooklyn, New York 11216 BAKER McEVOY MORRISEY & MOSKOVITS, PC Attorneys for Defendant MUSSOLINI MOMRUN One Metrotech Center, 8th Floor Brooklyn, New York 11201 LEWIS BRISBOIS BISGAARD & SMITH LLP Attorneys for Defendant LYFT, INC. 77 Water Street, Suite 2100 New York, New York 10005 SHORT & BILLY, P.C. Attorneys for Defendant AMERICAN TRANSIT INS. CO. 217 Broadway, Suite 300 New York, New York 276145977v.1 2 of 3 FILED: BRONX KINGS COUNTY CLERK 05/01/2024 10/03/2022 07:31 03:21 PM INDEX INDEXNO. NO.820026/2023E 508598/2018 NYSCEF DOC. NO. 38 161 162 RECEIVED NYSCEF: 05/01/2024 09/30/2022 10/03/2022 9 30th September, 22 Debra Silber VERA FLOWERS, 508598/2018 Plaintiff, MUSSOLINI MOMBRUN, LYFT, INC., AMERICAN TRANSIT INSURANCE COMPANY, UBER TECHNOLOGIES, INC., UBER USA, LLC and DANACH-NY LLC, NYSCEF 118-134 136-146 157 In Motion Seq. #3, defendants UBER TECHNOLOGIES, INC., UBER USA, LLC and DANACH-NY LLC move for summary judgment and an order dismissing the complaint against them along with any cross claims. After virtual oral argument, the motion is granted. The complaint is dismissed as against these three defendants, along with any cross claims. This action arises from a motor vehicle accident which took place in 2016. Plaintiff was a pedestrian. Defendant Mombrun hit her with his livery vehicle. He admits this in his response [Doc 25] to movants' Notice to Admit [Doc 24]. The vehicle had TLC plates. The plaintiff has sued both Uber and Lyft, although he could also have been driving pursuant to a radio or other device permitted for livery cabs. In the six years since the accident, the plaintiff has not been able to determine if he had a passenger at the time of the accident. As he initially fled the scene, the police report has no information about his passengers. He has not been deposed, apparently, because the plaintiff's deposition has not been completed. Movant provides an affidavit from a manager at Uber who certifies that Mombrun was not logged into the Uber driver application at any time in the 24 hours before or after the accident [Doc 126]. X 3 : Hon. Debra Silber, J.S.C. 1 of 3 3 1