Preview
FILED: NEW YORK COUNTY CLERK 08/12/2020 03:09 PM INDEX NO. 156731/2019
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 08/12/2020
EXHIBIT B
07/10/2019 03:09
FILED: NEW YORK COUNTY CLERK 08/12/2020 09:59 PM
AM INDEX NO. 156731/2019
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NYSCEF DOC. NO. 19 07/10/2019
RECEIVED NYSCEF: 08/12/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Filed:
HECTOR CONTRERAS, INDEX NO.
Plaintiff, Plaintiff designate
NEW YORK County
-against- as the place of trial.
THE CITY OF NEW YORK, THE DEPARTMENT OF S U M M O N S
EDUCATION OF THE CITY OF NEW YORK,
BIENVENIDO R. PENA and RELIANT The basis of venue is
TRANSPORTATION, INC., place of occurrence.
Defendants. Plaintiff's residence:
180th
825 West street,
Apt. 24
New York, NY 10033
To the above-named Defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in the action and to
serve a copy of your answer on the plaintiff attorneys within 20 days after the service of
the summons, exclusive of the day of service of the summons, or within 30 days after
service of the summons is complete if the summons is not personally delivered to you
within the State of New York.
In case of your failure to answer the summons, a judgment by default will be taken
against you for the relief demanded in the complaint, together with the costs of the action.
Dated: New York, New York
July 10, 2019
THE LEV LAW , P.C.
By:
Jam . Le y
Attorney for Plaintiff
233 Bro way, Suite 2200
New York, New York 10279
(212) 227-1222
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THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK
52 Chambers Street
Brooklyn, New York 10007
BIENVENIDO R. PENA
209 Dyckman Street, Apt. 64
New York, New York 10040
RELIANT TRANSPORTATION, INC.
c/o Corporation Service Company
80 State Street
Albany, New York 12207
RELIANT TRANSPORTATION, INC.
7273 State Road 76
Neenah, WI 54956
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
____ INDEX NO.
HECTOR CONTRERAS,
VERIFIED
Plaintiff, COMPLAINT
-against-
THE CITY OF NEW YORK, THE DEPARTMENT OF
EDUCATION OF THE CITY OF NEW YORK,
BIENVENIDO R. PENA and RELIANT
TRANSPORTATION, INC.,
Defendant.
Plaintiff, by his attorneys, THE LEVY LAW FIRM, P.C., as and for his Verified
Complaint, respectfully allege, upon information and belief:
1. That the plaintiff, HECTOR CONTRERAS, is a resident of the County of New
York and the State of New York.
2. At all times hereinafter mentioned that on or about September 5, 2018,
plaintiff, HECTOR CONTRERAS was the owner and operator of a certain motor vehicle,
bearing New York State license plate number T749878C.
AS AND FOR A FIRST CAUSE OF ACTION
3. Upon information and belief, that at all times hereinafter mentioned, the defendant,
THE CITY OF NEW YORK, was and still is a municipal corporation organized under and
existing by virtue of the laws of the State of New York.
4. That within ninety days after the cause of action accrued herein, and more than thirty
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days prior to commencement of this action, plaintiff duly presented, served, and filed a notice of
intention to sue claim with the comptroller of the defendant, THE CITY OF NEW YORK, and
this action was so commenced within one year and ninety days after the happening of the event
upon which the claim is based.
5. That prior to commencement of this action, plaintiff duly complied with all the
conditions precedent to the bringing of this action, and has complied with provisions of the
statutes in such cases made and provided, and in particular, within ninety days after the cause of
action accrued herein, and more than thirty days prior to the commencement of their action,
plaintiff has duly presented, served and filed a Notice of Claim herein with the Corporation
Counsel for the defendant, THE CITY OF NEW YORK for adjustment of damages sustained by
the plaintiff herein, upon which this cause of action is based, and that after said defendant for
more than thirty days refused to and neglected to make an adjustment or payment on said claim,
said claim remains unpaid and unadjusted, although plaintiff has duly demanded that the same be
paid and adjusted.
6. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK was the
titled owner of a certain school bus bearing New York State license plate number 12000SH.
7. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK was the
registered owner of a certain school bus bearing New York State license plate number 12000SH.
8. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK was the
lessee of a certain school bus bearing New York State license plate number 12000SH.
9. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK was the
lessor of a certain school bus bearing New York State license plate number 12000SH.
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10. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK, by
defendant's servants, agents and/or employees maintained a certain school bus bearing New
York State license plate number 12000SH.
11. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK, by
defendant's servants, agents and/or employees controlled a certain school bus bearing New York
State license plate number 12000SH.
12. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK, by
defendant's servants, agents and/or employees inspected a certain school bus bearing New York
State license plate number 12000SH.
13. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK, by
defendant's servants, agents and/or employees repaired a certain school bus bearing New York
State license plate number 12000SH.
14. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK, by
defendant's servants, agents and/or employees operated a certain school bus bearing New York
State license plate number 12000SH.
15. That at all times hereinafter mentioned, the defendant, THE CITY OF NEW YORK,
125tl'
operated a certain school bus at, near, around or about the intersection of West Street and
Old Broadway, in the County of New York, City and State of New York.
16. On or about September 5, 2018, the plaintiff, HECTOR CONTRERAS was lawfully
125tl'
operating his motor vehicle at, near, around or about the intersection of West Street and
Old Broadway, in the County of New York, City and State of New York.
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17. That on or about September 5, 2018, the school bus owned by the defendant
THE CITY OF NEW YORK and bearing New York State license plate number 12000SH
suddenly and violently came in contact with the vehicle owned and operated by the
125th
plaintiff, HECTOR CONTRERAS, at, near, around or about West Street at, near,
around or about Old Broadway, in the County of New York, State of New York.
18. Solely as a result of the defendant's negligence, carelessness and recklessness
the plaintiff were caused to suffer severe and serious physical injuries and injuries to mind
and body, and further, that the plaintiff was subjected to great physical pain and mental
anguish.
19. That the defendant was negligent, reckless and careless in: failing to keep the
aforementioned motor vehicle under reasonable control given the totality of the
circumstances; failing to keep a vigilant lookout ahead and about him; failing to properly
apply the motor vehicle's braking and steering mechanisms; operating said motor vehicle at
an improper rate of speed under the circumstances then and there prevailing; failing to
operate said motor vehicle with reasonable prudence and care; failing to slow down and
proceed with caution; operating said motor vehicle in a negligent, reckless and careless
manner in violation of the rules of the road in such cases made and provided; failing to
obey the posted stop signs and other traffic controls; failing to yield; failing to use caution
at an intersection; failing to observe road markings; defendant THE CITY OF NEW YORK
failing to instruct the driver in the proper operation, maintenance and control of the motor
vehicle; defendant THE CITY OF NEW YORK's entrustment of said motor vehicle to the
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driver; failing to warn the plaintiff and other vehicles in and about the area so as to afford
the opportunity to avoid the collision; failing to safeguard the plaintiff from said accident;
and being otherwise negligent, reckless and careless in the ownership, operation,
maintenance, and control of said motor vehicle; and in that defendant, THE CITY OF NEW
YORK was otherwise negligent.
H 20. By reason of the foregoing, HECTOR CONTRERAS was severely injured and
damaged, sustained severe nervous shock and mental anguish, great physical pain and
emotional upset, some of which injuries are believed to be permanent in nature and
duration, and HECTOR CONTRERAS will be permanently caused to suffer pain,
inconvenience and other effects of such injuries; HECTOR CONTRERAS incurred and in
the future will necessarily incur further hospital and/or medical expenses in an effort to be
cured of said injuries; and HECTOR CONTRERAS will be unable to pursue HECTOR
CONTRERAS's usual duties with the same degree of efficiency as prior to this accident, all
to HECTOR CONTRERAS's great damage.
21. As a result of the foregoing, the plaintiff sustained serious personal injuries as defined
in Section 5102(d) of the Insurance Law of the State of New York, and/or economic loss greater
than basic economic loss as defined in Section 5102(a) of the Insurance Law of the State of New
York.
22. This action falls within one or more of the exceptions set forth in Section 1602 of the
Civil Practice Law and Rules.
defendants'
23. Due to negligence, plaintiff is entitled to damages in a sum which
exceeds the jurisdictional limit of all lower Courts which would otherwise have jurisdiction.
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AS AND FOR A SECOND CAUSE OF ACTION
24. Plaintiff repeat, reiterate and reallege each and every allegation contained in
"1"
paragraphs through "23", all inclusive, with the same force and effect as though fully
set forth at length herein.
25. Upon information and belief, that at all times hereinafter mentioned, the
defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, was and
still is a municipal corporation organized under and existing by virtue of the laws of the State of
New York.
26. That within ninety days after the cause of action accrued herein, and more than thirty
days prior to commencement of this action, plaintiff duly presented, served, and filed a notice of
intention to sue claim with the comptroller of the defendant, THE DEPARTMENT OF
EDUCATION OF THE CITY OF NEW YORK, and this action was so commenced withm one
year and ninety days after the happening of the event upon which the claim is based.
27. That prior to commencement of this action, plaintiff duly complied with all the
conditions precedent to the bringing of this action, and has complied with provisions of the
statutes in such cases made and provided, and in particular, within ninety days after the cause of
action accrued herein, and more than thirty days prior to the commencement of their action,
plaintiff has duly presented, served and filed a Notice of Claim herein with the Corporation
Counsel for the defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW
YORK for adjustment of damages sustained by the plaintiff herein, upon which this cause of
action is based, and that after said defendant for more than thirty days refused to and neglected to
8
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make an adjustment or payment on said claim, said claim remains unpaid and unadjusted,
although plaintiff has duly demanded that the same be paid and adjusted.
28. On or about September 5, 2018, the defendant, THE DEPARTMENT OF
EDUCATION OF THE CITY OF NEW YORK was the titled owner of a certain school bus
bearing New York State license plate number 12000SH.
29. On or about September 5, 2018, the defendant, THE DEPARTMENT OF
EDUCATION OF THE CITY OF NEW YORK was the registered owner of a certain school bus
bearing New York State license plate number 12000SH.
30. On or about September 5, 2018, the defendant, THE DEPARTMENT OF
EDUCATION OF THE CITY OF NEW YORK was the lessee of a certain school bus bearing
New York State license plate number 12000SH.
31. On or about September 5, 2018, the defendant, THE DEPARTMENT OF
EDUCATION OF THE CITY OF NEW YORK was the lessor of a certain school bus bearing
New York State license plate number 12000SH.
32. On or about September 5, 2018, the defendant, THE DEPARTMENT OF
EDUCATION OF THE CITY OF NEW YORK, by defendant's servants, agents and/or
employees maintained a certain school bus bearing New York State license plate number
12000SH.
33. On or about September 5, 2018, the defendant, THE DEPARTMENT OF
EDUCATION OF THE CITY OF NEW YORK, by defendant's servants, agents and/or
employees controlled a certain school bus bearing New York State license plate number
12000SH.
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34. On or about September 5, 2018, the defendant, THE DEPARTMENT OF
EDUCATION OF THE CITY OF NEW YORK, by defendant's servants, agents and/or
employees inspected a certain school bus bearing New York State license plate number
12000SH.
35. On or about September 5, 2018, the defendant, THE DEPARTMENT OF
EDUCATION OF THE CITY OF NEW YORK, by defendant's servants, agents and/or
employees repaired a certain school bus bearing New York State license plate number 12000SH.
36. On or about September 5, 2018, the defendant, THE DEPARTMENT OF
EDUCATION OF THE CITY OF NEW YORK, by defendant's servants, agents and/or
employees operated a certain school bus bearing New York State license plate number 12000SH.
37. That at all times hereinafter mentioned, the defendant, THE DEPARTMENT OF
EDUCATION OF THE CITY OF NEW YORK, operated a certain school bus at, near, around or
125d'
about the intersection of West Street and Old Broadway, in the County of NEW YORK,
City and State of New York.
38. On or about September 5, 2018, the plaintiff, HECTOR CONTRERAS was lawfully
125d'
operating his motor vehicle at, near, around or about the intersection of West Street and
Old Broadway, in the County of NEW YORK, City and State of New York.
39. That on or about September 5, 2018, the school bus owned by the defendant
THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK and bearing
New York State license plate number 12000SH suddenly and violently came in contact
with the vehicle owned and operated by the plaintiff, HECTOR CONTRERAS, at, near,
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125th
around or about West Street at, near, around or about Old Broadway, in the County of
New York, State of New York.
40. Solely as a result of the defendant's negligence, carelessness and recklessness
the plaintiff were caused to suffer severe and serious physical injuries and injuries to mind
and body, and further, that the plaintiff was subjected to great physical pain and mental
anguish.
41. That the defendant was negligent, reckless and careless in: failing to keep the
aforementioned motor vehicle under reasonable control given the totality of the
Preview
FILED: NEW YORK COUNTY CLERK 08/12/2020 03:09 PM INDEX NO. 156731/2019 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 08/12/2020 EXHIBIT B 07/10/2019 03:09 FILED: NEW YORK COUNTY CLERK 08/12/2020 09:59 PM AM INDEX NO. 156731/2019 1 NYSCEF DOC. NO. 19 07/10/2019 RECEIVED NYSCEF: 08/12/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Filed: HECTOR CONTRERAS, INDEX NO. Plaintiff, Plaintiff designate NEW YORK County -against- as the place of trial. THE CITY OF NEW YORK, THE DEPARTMENT OF S U M M O N S EDUCATION OF THE CITY OF NEW YORK, BIENVENIDO R. PENA and RELIANT The basis of venue is TRANSPORTATION, INC., place of occurrence. Defendants. Plaintiff's residence: 180th 825 West street, Apt. 24 New York, NY 10033 To the above-named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in the action and to serve a copy of your answer on the plaintiff attorneys within 20 days after the service of the summons, exclusive of the day of service of the summons, or within 30 days after service of the summons is complete if the summons is not personally delivered to you within the State of New York. In case of your failure to answer the summons, a judgment by default will be taken against you for the relief demanded in the complaint, together with the costs of the action. Dated: New York, New York July 10, 2019 THE LEV LAW , P.C. By: Jam . Le y Attorney for Plaintiff 233 Bro way, Suite 2200 New York, New York 10279 (212) 227-1222 1 of 20 07/10/2019 03:09 FILED: NEW YORK COUNTY CLERK 08/12/2020 09:59 PM AM INDEX NO. 156731/2019 1 NYSCEF DOC. NO. 19 07/10/2019 RECEIVED NYSCEF: 08/12/2020 THE CITY OF NEW YORK 100 Church Street New York, New York 10007 THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK 52 Chambers Street Brooklyn, New York 10007 BIENVENIDO R. PENA 209 Dyckman Street, Apt. 64 New York, New York 10040 RELIANT TRANSPORTATION, INC. c/o Corporation Service Company 80 State Street Albany, New York 12207 RELIANT TRANSPORTATION, INC. 7273 State Road 76 Neenah, WI 54956 2 2 of 20 07/10/2019 03:09 FILED: NEW YORK COUNTY CLERK 08/12/2020 09:59 PM AM INDEX NO. 156731/2019 1 NYSCEF DOC. NO. 19 07/10/2019 RECEIVED NYSCEF: 08/12/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ____ INDEX NO. HECTOR CONTRERAS, VERIFIED Plaintiff, COMPLAINT -against- THE CITY OF NEW YORK, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, BIENVENIDO R. PENA and RELIANT TRANSPORTATION, INC., Defendant. Plaintiff, by his attorneys, THE LEVY LAW FIRM, P.C., as and for his Verified Complaint, respectfully allege, upon information and belief: 1. That the plaintiff, HECTOR CONTRERAS, is a resident of the County of New York and the State of New York. 2. At all times hereinafter mentioned that on or about September 5, 2018, plaintiff, HECTOR CONTRERAS was the owner and operator of a certain motor vehicle, bearing New York State license plate number T749878C. AS AND FOR A FIRST CAUSE OF ACTION 3. Upon information and belief, that at all times hereinafter mentioned, the defendant, THE CITY OF NEW YORK, was and still is a municipal corporation organized under and existing by virtue of the laws of the State of New York. 4. That within ninety days after the cause of action accrued herein, and more than thirty 3 of 20 07/10/2019 03:09 FILED: NEW YORK COUNTY CLERK 08/12/2020 09:59 PM AM INDEX NO. 156731/2019 1 NYSCEF DOC. NO. 19 07/10/2019 RECEIVED NYSCEF: 08/12/2020 days prior to commencement of this action, plaintiff duly presented, served, and filed a notice of intention to sue claim with the comptroller of the defendant, THE CITY OF NEW YORK, and this action was so commenced within one year and ninety days after the happening of the event upon which the claim is based. 5. That prior to commencement of this action, plaintiff duly complied with all the conditions precedent to the bringing of this action, and has complied with provisions of the statutes in such cases made and provided, and in particular, within ninety days after the cause of action accrued herein, and more than thirty days prior to the commencement of their action, plaintiff has duly presented, served and filed a Notice of Claim herein with the Corporation Counsel for the defendant, THE CITY OF NEW YORK for adjustment of damages sustained by the plaintiff herein, upon which this cause of action is based, and that after said defendant for more than thirty days refused to and neglected to make an adjustment or payment on said claim, said claim remains unpaid and unadjusted, although plaintiff has duly demanded that the same be paid and adjusted. 6. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK was the titled owner of a certain school bus bearing New York State license plate number 12000SH. 7. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK was the registered owner of a certain school bus bearing New York State license plate number 12000SH. 8. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK was the lessee of a certain school bus bearing New York State license plate number 12000SH. 9. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK was the lessor of a certain school bus bearing New York State license plate number 12000SH. 4 4 of 20 07/10/2019 03:09 FILED: NEW YORK COUNTY CLERK 08/12/2020 09:59 PM AM INDEX NO. 156731/2019 1 NYSCEF DOC. NO. 19 07/10/2019 RECEIVED NYSCEF: 08/12/2020 10. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK, by defendant's servants, agents and/or employees maintained a certain school bus bearing New York State license plate number 12000SH. 11. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK, by defendant's servants, agents and/or employees controlled a certain school bus bearing New York State license plate number 12000SH. 12. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK, by defendant's servants, agents and/or employees inspected a certain school bus bearing New York State license plate number 12000SH. 13. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK, by defendant's servants, agents and/or employees repaired a certain school bus bearing New York State license plate number 12000SH. 14. On or about September 5, 2018, the defendant, THE CITY OF NEW YORK, by defendant's servants, agents and/or employees operated a certain school bus bearing New York State license plate number 12000SH. 15. That at all times hereinafter mentioned, the defendant, THE CITY OF NEW YORK, 125tl' operated a certain school bus at, near, around or about the intersection of West Street and Old Broadway, in the County of New York, City and State of New York. 16. On or about September 5, 2018, the plaintiff, HECTOR CONTRERAS was lawfully 125tl' operating his motor vehicle at, near, around or about the intersection of West Street and Old Broadway, in the County of New York, City and State of New York. 5 5 of 20 07/10/2019 03:09 FILED: NEW YORK COUNTY CLERK 08/12/2020 09:59 PM AM INDEX NO. 156731/2019 1 NYSCEF DOC. NO. 19 07/10/2019 RECEIVED NYSCEF: 08/12/2020 17. That on or about September 5, 2018, the school bus owned by the defendant THE CITY OF NEW YORK and bearing New York State license plate number 12000SH suddenly and violently came in contact with the vehicle owned and operated by the 125th plaintiff, HECTOR CONTRERAS, at, near, around or about West Street at, near, around or about Old Broadway, in the County of New York, State of New York. 18. Solely as a result of the defendant's negligence, carelessness and recklessness the plaintiff were caused to suffer severe and serious physical injuries and injuries to mind and body, and further, that the plaintiff was subjected to great physical pain and mental anguish. 19. That the defendant was negligent, reckless and careless in: failing to keep the aforementioned motor vehicle under reasonable control given the totality of the circumstances; failing to keep a vigilant lookout ahead and about him; failing to properly apply the motor vehicle's braking and steering mechanisms; operating said motor vehicle at an improper rate of speed under the circumstances then and there prevailing; failing to operate said motor vehicle with reasonable prudence and care; failing to slow down and proceed with caution; operating said motor vehicle in a negligent, reckless and careless manner in violation of the rules of the road in such cases made and provided; failing to obey the posted stop signs and other traffic controls; failing to yield; failing to use caution at an intersection; failing to observe road markings; defendant THE CITY OF NEW YORK failing to instruct the driver in the proper operation, maintenance and control of the motor vehicle; defendant THE CITY OF NEW YORK's entrustment of said motor vehicle to the 6 6 of 20 07/10/2019 03:09 FILED: NEW YORK COUNTY CLERK 08/12/2020 09:59 PM AM INDEX NO. 156731/2019 1 NYSCEF DOC. NO. 19 07/10/2019 RECEIVED NYSCEF: 08/12/2020 driver; failing to warn the plaintiff and other vehicles in and about the area so as to afford the opportunity to avoid the collision; failing to safeguard the plaintiff from said accident; and being otherwise negligent, reckless and careless in the ownership, operation, maintenance, and control of said motor vehicle; and in that defendant, THE CITY OF NEW YORK was otherwise negligent. H 20. By reason of the foregoing, HECTOR CONTRERAS was severely injured and damaged, sustained severe nervous shock and mental anguish, great physical pain and emotional upset, some of which injuries are believed to be permanent in nature and duration, and HECTOR CONTRERAS will be permanently caused to suffer pain, inconvenience and other effects of such injuries; HECTOR CONTRERAS incurred and in the future will necessarily incur further hospital and/or medical expenses in an effort to be cured of said injuries; and HECTOR CONTRERAS will be unable to pursue HECTOR CONTRERAS's usual duties with the same degree of efficiency as prior to this accident, all to HECTOR CONTRERAS's great damage. 21. As a result of the foregoing, the plaintiff sustained serious personal injuries as defined in Section 5102(d) of the Insurance Law of the State of New York, and/or economic loss greater than basic economic loss as defined in Section 5102(a) of the Insurance Law of the State of New York. 22. This action falls within one or more of the exceptions set forth in Section 1602 of the Civil Practice Law and Rules. defendants' 23. Due to negligence, plaintiff is entitled to damages in a sum which exceeds the jurisdictional limit of all lower Courts which would otherwise have jurisdiction. 7 7 of 20 07/10/2019 03:09 FILED: NEW YORK COUNTY CLERK 08/12/2020 09:59 PM AM INDEX NO. 156731/2019 1 NYSCEF DOC. NO. 19 07/10/2019 RECEIVED NYSCEF: 08/12/2020 AS AND FOR A SECOND CAUSE OF ACTION 24. Plaintiff repeat, reiterate and reallege each and every allegation contained in "1" paragraphs through "23", all inclusive, with the same force and effect as though fully set forth at length herein. 25. Upon information and belief, that at all times hereinafter mentioned, the defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, was and still is a municipal corporation organized under and existing by virtue of the laws of the State of New York. 26. That within ninety days after the cause of action accrued herein, and more than thirty days prior to commencement of this action, plaintiff duly presented, served, and filed a notice of intention to sue claim with the comptroller of the defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, and this action was so commenced withm one year and ninety days after the happening of the event upon which the claim is based. 27. That prior to commencement of this action, plaintiff duly complied with all the conditions precedent to the bringing of this action, and has complied with provisions of the statutes in such cases made and provided, and in particular, within ninety days after the cause of action accrued herein, and more than thirty days prior to the commencement of their action, plaintiff has duly presented, served and filed a Notice of Claim herein with the Corporation Counsel for the defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK for adjustment of damages sustained by the plaintiff herein, upon which this cause of action is based, and that after said defendant for more than thirty days refused to and neglected to 8 8 of 20 07/10/2019 03:09 FILED: NEW YORK COUNTY CLERK 08/12/2020 09:59 PM AM INDEX NO. 156731/2019 1 NYSCEF DOC. NO. 19 07/10/2019 RECEIVED NYSCEF: 08/12/2020 make an adjustment or payment on said claim, said claim remains unpaid and unadjusted, although plaintiff has duly demanded that the same be paid and adjusted. 28. On or about September 5, 2018, the defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK was the titled owner of a certain school bus bearing New York State license plate number 12000SH. 29. On or about September 5, 2018, the defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK was the registered owner of a certain school bus bearing New York State license plate number 12000SH. 30. On or about September 5, 2018, the defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK was the lessee of a certain school bus bearing New York State license plate number 12000SH. 31. On or about September 5, 2018, the defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK was the lessor of a certain school bus bearing New York State license plate number 12000SH. 32. On or about September 5, 2018, the defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by defendant's servants, agents and/or employees maintained a certain school bus bearing New York State license plate number 12000SH. 33. On or about September 5, 2018, the defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by defendant's servants, agents and/or employees controlled a certain school bus bearing New York State license plate number 12000SH. 9 9 of 20 07/10/2019 03:09 FILED: NEW YORK COUNTY CLERK 08/12/2020 09:59 PM AM INDEX NO. 156731/2019 1 NYSCEF DOC. NO. 19 07/10/2019 RECEIVED NYSCEF: 08/12/2020 34. On or about September 5, 2018, the defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by defendant's servants, agents and/or employees inspected a certain school bus bearing New York State license plate number 12000SH. 35. On or about September 5, 2018, the defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by defendant's servants, agents and/or employees repaired a certain school bus bearing New York State license plate number 12000SH. 36. On or about September 5, 2018, the defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by defendant's servants, agents and/or employees operated a certain school bus bearing New York State license plate number 12000SH. 37. That at all times hereinafter mentioned, the defendant, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, operated a certain school bus at, near, around or 125d' about the intersection of West Street and Old Broadway, in the County of NEW YORK, City and State of New York. 38. On or about September 5, 2018, the plaintiff, HECTOR CONTRERAS was lawfully 125d' operating his motor vehicle at, near, around or about the intersection of West Street and Old Broadway, in the County of NEW YORK, City and State of New York. 39. That on or about September 5, 2018, the school bus owned by the defendant THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK and bearing New York State license plate number 12000SH suddenly and violently came in contact with the vehicle owned and operated by the plaintiff, HECTOR CONTRERAS, at, near, 10 10 of 20 07/10/2019 03:09 FILED: NEW YORK COUNTY CLERK 08/12/2020 09:59 PM AM INDEX NO. 156731/2019 1 NYSCEF DOC. NO. 19 07/10/2019 RECEIVED NYSCEF: 08/12/2020 125th around or about West Street at, near, around or about Old Broadway, in the County of New York, State of New York. 40. Solely as a result of the defendant's negligence, carelessness and recklessness the plaintiff were caused to suffer severe and serious physical injuries and injuries to mind and body, and further, that the plaintiff was subjected to great physical pain and mental anguish. 41. That the defendant was negligent, reckless and careless in: failing to keep the aforementioned motor vehicle under reasonable control given the totality of the