Brief Factual Summary: Plaintiff alleged that on May 10, 2023, the plaintiff was operator of a motor vehicle when it was allegedly struck by NYCTA motor vehicle operated by defendant Elijah Forde at the intersection of Howard Avenue and Macon Street, Brooklyn, New York. Plaintiff alleged that defendant Forde was employed by NYCTA, through the Access-A-Ride program and that the NYCTA owned, maintained and controlled the subject vehicle. On August 27, 2024, co-defendants Assisted Transportation Corp. and Elijah Forde filed a summary judgment motion where co-defendants admitted that Elijah Forde was an employee of Assisted Transportation Corp. and admitted ownership of the subject vehicle. On October 22, 2024, we filed a cross-motion for summary judgment that defendant Forde was not employed by the NYCTA, nor did NYCTA own, maintain, or control the subject vehicles involved in this accident. On January 6, 2025, a Stipulation of Discontinuance with prejudice was filed against the NYCTA and MTA.
Daquan Cummings v. NYCTA, et al. – Index No.: 510960/2024 – Kings County Supreme