Preview
FILED: NASSAU COUNTY CLERK 05/16/2024 04:02 PM INDEX NO. 608588/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024
Supreme Court of the State of NewYork
County of Nassau
------------------------------------------------------------X Date of Filing:
ALI SHABBIR, INDEX NO.:
Plaintiff,
Plaintiff designates
Nassau County as the
place of trial.
-against- The basis of venue is the
Plaintiff's residence: 28
Firethorne Lane, Valley
Stream, NY
OLANREWAJU
ESAN,
Defendant.
------------------------------------------------------------X Summons
To the above-named Defendants:
You are hereby summoned to answer the complaint in this action
and to serve a copy of your answer, or if the complaint is not served with this
summons, to serve a Notice of Appearance on the Plaintiff's Attorneys within 20
days after the service of this summons, exclusive of the day of service (or within 30
days after the service is complete if this summons is not personally delivered to
you within the State of NewYork); and in case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: Hempstead, NewYork
April 29, 2024
D/A: 02/04/2022
By:
MICHAELL. SALOMON,ESQ.
LAWOFFICES OF
ZEMSKYANDSALOMON,P.C.
Attorneys for Plaintiff
Office & P.O. Address
33 Front Street, Suite 207
Hempstead, NewYork 11550
(516) 485-3800
DEFENDANT'SADDRESS:
OLANREWAJU
ESAN, 320 Wilson Street, West Hempstead, NY 11552.
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FILED: NASSAU COUNTY CLERK 05/16/2024 04:02 PM INDEX NO. 608588/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024
COURTOF THE STATEOF NEWYORK
SUPREME
COUNTYOF NASSAU
------------------------------------------------------------X Index #:
ALI SHABBIR,
Plaintiff,
-against- COMPLAINT
OLANREWAJU
ESAN,
Defendant.
Plaintiff, by his attorneys, LAWOFFICES OF ZEMSKYANDSALOMON,P.C.,
complaining of the defendant, respectfully alleges as follows:
AS ANDFORA FIRST CAUSEOFACTION
ONBEHALF OF PLAINTIF F, All SHABBIR
FIRST: That, at all times hereinafter mentioned, plaintiff was and still is a
resident of the County of Nassau, State of NewYork.
SECOND:That, upon information and belief, and at all the times hereinafter
mentioned, defendant was and still is a resident of the County of Nassau, State of
NewYork.
THIRD: That, upon information and belief, and at all times hereinafter
mentioned, defendant, OLANREWAJU
ESAN, was the owner and operator of a
certain motor vehicle bearing license plate number 78394 for the State of New
York for the year 2022.
FOURTH: That, upon information and belief, and at all times hereinafter
mentioned, defendant, OLANREWAJU
ESAN, maintained the aforesaid motor
vehicle.
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FILED: NASSAU COUNTY CLERK 05/16/2024 04:02 PM INDEX NO. 608588/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024
FIFTH: That, upon information and belief, and at all times hereinafter
mentioned, defendant, OLANREWAJU
ESAN, controlled the aforesaid motor
vehicle.
SIXTH:That, at all times hereinafter mentioned, Eagle Avenue, at or near its
intersection with Park Avenue, County of Nassau, State of NewYork, was and still
is a public thoroughfare.
SEVENTH: That, on or about the 4th day of February, 2022, at approximately
10:45 p.m., plaintiff, ALI SHABBIR, was the operator of a certain motor vehicle
bearing license plate number KRU7125for the State of NewYork, for the year 2022.
EIGHTH: That, on the aforesaid date at the aforesaid location, the motor
vehicle owned and operated by defendant, ESAN came
OLANREWAJU into
contact and collided with the motor vehicle being operated by plaintiff.
NINTH: That, the aforesaid occurrence and the injuries resulting therefrom
were caused wholly and solely through and by reason of the carelessness,
recklessness and negligence of the defendant: in failing and omitting to have
said motor vehicle under proper and reasonable control: in carelessly and
negligently causing and permitting said motor vehicle to be operated over and
along a public highway at a high and/or excessive rate of speed and/or at a
greater rate of speed than care and caution would permit under the
circumstances and conditions then and there existing to the knowledge of the
defendant; in causing and permitting said motor vehicle to be operated in a
manner contrary to and in violation of the statutes and police regulations in
such cases made and provided and then and there in effect: in carelessly and
negligently failing and omitting to provide and/or make proper, prompt and
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FILED: NASSAU COUNTY CLERK 05/16/2024 04:02 PM INDEX NO. 608588/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024
timely use of adequate and efficient brakes, signaling devices and steering
mechanisms; in carelessly and negligently failing and omitting to keep and
maintain a proper lookout and be reasonably alert; in failing and omitting to
obey a stop sign at the intersection involved herein, governing traffic on the
roadway on which this defendanfs motor vehicle was traveling; in carelessly,
negligently and recklessly allowing, causing and permitting said motor vehicle to
strike and collide with the motor vehicle in which plaintiff was traveling; and the
defendant was otherwise negligent and careless in failing and omitting to take
proper and suitable precautions to avoid the said occurrence.
TENTH: That, as a result thereof, this plaintiff was caused to sustain serious
injuries as defined under Section 5102 (d) of the Insurance Law of the State of New
York, or economic loss greater than basic economic loss as defined in subdivision
(a) of Section 5102 of the Insurance Law.
ELEVENTH:The said occurrence and the serious and severe injuries sustained
by the plaintiff were occasioned without any negligence on the part of this
plaintiff in any manner contributing thereto.
TWELFTH:That, as a result thereof, this plaintiff sustained an injury resulting in
a significant limitation of use of a body function or system, and/or permanent
consequential limitation of use of a body organ or member and/or a medically
determined injury or impairment of a non-permanent nature, preventing plaintiff
from performing substantially all of the material acts which constitute plaintiff's
usual and customary daily activities, for a period in excess of ninety (90) days
immediately following this occurrence.
4 of 7
FILED: NASSAU COUNTY CLERK 05/16/2024 04:02 PM INDEX NO. 608588/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024
.
to recover non-
THIRTEENTH: That, by reason thereof, plaintiff is entitled for
economic losses as are not included within the definition of "Basic Economic
Losses" Law of the
as set forth in 5102 (a), (2), (3), and (4) of the Insurance State of
NewYork.
person"
FOURTEENTH:That, plaintiff is a "covered as defined in 5102 (j) of the
Insurance Law of the State of NewYork.
FIFTEENTH: That this action falls within one or more of the exceptions set forth
defendants'
in CPLR 1602 and does not limit the liability of the joint or several
responsibility.
SIXTEENTH: By reason of the foregoing plaintiff, ALI SHABBIR, has been
damagedin the sum within the jurisdictional limits of this Court and for an amount
in excess of the jurisdictional limits of the lower Courts of the State of NewYork.
WHEREFORE,
plaintiff demands judgment against the defendant in the sum
within the jurisdictional limits of this Court and for an amount in excess of the
jurisdictional limits of the lower Courts of the State of NewYork together with the
costs and disbursements of this action and for such other and further relief as this
Court deems just and proper.
Dated: Hempstead, NewYork
April 29, 2024
Yours, etc.,
LAWOFFICES OF
ZEMSKYA ep e '
, P.C.
By:
Michael L. Salomon, Esq.
Attorneys for Plaintiff
33 Front Street, Suite 207
Hempstead, NewYork 11550
(516) 485-3800
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FILED: NASSAU COUNTY CLERK 05/16/2024 04:02 PM INDEX NO. 608588/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024
.
COURTOF THE STATEOF NEWYORK
SUPREME
COUNTYOF NASSAU
---------------------------------------------------------------X Index#:
All SHABBIR,
Plaintiff(s),
CERTIFICATION
-against- PURSUANT
TO SECTION
130-1.1-A
OLANREWAJU
ESAN,
Defendant(s),
______________________________________________________________Ç
S I RS :
PLEASE TAKE NOTICE, that the accompanying papers are being served
pursuant to section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR):
ANDCOMPLAINT
SUMMONS
Dated: Hempstead, NewYork
April 29, 2024
Yours, etc.,
LAWOFFICES OF
ZEMSKYANDSALOMON,P.C.
BY:
MICHAELL. SALO ON, ESQ.
Attorney(s) for Plaintiff(s)
Office & P.O. Address
33 Front Street Suite 207
Hempstead, NewYork 11550
(516) 485-3800
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FILED: NASSAU COUNTY CLERK 05/16/2024 04:02 PM INDEX NO. 608588/2024
NYSCEF DOC.SUPREME
NO. 1 COURTOFTHE STATEOFNEWYORK RECEIVED NYSCEF: 05/16/2024
COUNTYOFNASSAU
ALI SHABBIR, Index No.
,
( , J.)
Plaintiffs,
- against -
OLANREWAJU
ESAN, ,
Defendants.
REDACTIONCOVERPAGE
CHECKALL THATAPPLY:
The document filed contains no confidential personal information, as defined in 22 NYCRR
202..5(e).
The document filed is REDACTED
in accordance with 22 NYCRR
202.5(e).
The document filed is UN-REDACTEDin accordance with 22 NYCRR
202.5(e).
(a) The document filed contains SSN(as authorized by the order specified below).
(b) The document filed contains confidential personal information as defined
under 22 NYCRR 202.5(e) (as authorized by the order specified below).
This document was previously filed REDACTED.
Date:
This document was previously filed UN-REDACTED.
Date:
The document filed seeks a remedy under 22 NYCRR202.5(e)(2).
The document filed seeks a remedy under 22 NYCRR202.5(e)(3).
Additional information:
There a previously filed order of the Court regarding this document:
Q
is
yes / no
Date of order:
Date order filed:
Other identifying information for such order:
The order of the Court is being filed with the redacted / un-redacted document: Q yes O no
/
Date of order:
Other identifying information for such order:
Signature of filer: .
Print Name: CI-. L. on vi iviv
Counsel appearing for: ALI SHABBIR, (name of party)
Filer is Unrepresented / Pro se: Qyes / no
Date: 04/29/2024
7 of 7
Preview
FILED: NASSAU COUNTY CLERK 05/16/2024 04:02 PM INDEX NO. 608588/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 Supreme Court of the State of NewYork County of Nassau ------------------------------------------------------------X Date of Filing: ALI SHABBIR, INDEX NO.: Plaintiff, Plaintiff designates Nassau County as the place of trial. -against- The basis of venue is the Plaintiff's residence: 28 Firethorne Lane, Valley Stream, NY OLANREWAJU ESAN, Defendant. ------------------------------------------------------------X Summons To the above-named Defendants: You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or if the complaint is not served with this summons, to serve a Notice of Appearance on the Plaintiff's Attorneys within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of NewYork); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Hempstead, NewYork April 29, 2024 D/A: 02/04/2022 By: MICHAELL. SALOMON,ESQ. LAWOFFICES OF ZEMSKYANDSALOMON,P.C. Attorneys for Plaintiff Office & P.O. Address 33 Front Street, Suite 207 Hempstead, NewYork 11550 (516) 485-3800 DEFENDANT'SADDRESS: OLANREWAJU ESAN, 320 Wilson Street, West Hempstead, NY 11552. 1 of 7 FILED: NASSAU COUNTY CLERK 05/16/2024 04:02 PM INDEX NO. 608588/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 COURTOF THE STATEOF NEWYORK SUPREME COUNTYOF NASSAU ------------------------------------------------------------X Index #: ALI SHABBIR, Plaintiff, -against- COMPLAINT OLANREWAJU ESAN, Defendant. Plaintiff, by his attorneys, LAWOFFICES OF ZEMSKYANDSALOMON,P.C., complaining of the defendant, respectfully alleges as follows: AS ANDFORA FIRST CAUSEOFACTION ONBEHALF OF PLAINTIF F, All SHABBIR FIRST: That, at all times hereinafter mentioned, plaintiff was and still is a resident of the County of Nassau, State of NewYork. SECOND:That, upon information and belief, and at all the times hereinafter mentioned, defendant was and still is a resident of the County of Nassau, State of NewYork. THIRD: That, upon information and belief, and at all times hereinafter mentioned, defendant, OLANREWAJU ESAN, was the owner and operator of a certain motor vehicle bearing license plate number 78394 for the State of New York for the year 2022. FOURTH: That, upon information and belief, and at all times hereinafter mentioned, defendant, OLANREWAJU ESAN, maintained the aforesaid motor vehicle. 2 of 7 FILED: NASSAU COUNTY CLERK 05/16/2024 04:02 PM INDEX NO. 608588/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 FIFTH: That, upon information and belief, and at all times hereinafter mentioned, defendant, OLANREWAJU ESAN, controlled the aforesaid motor vehicle. SIXTH:That, at all times hereinafter mentioned, Eagle Avenue, at or near its intersection with Park Avenue, County of Nassau, State of NewYork, was and still is a public thoroughfare. SEVENTH: That, on or about the 4th day of February, 2022, at approximately 10:45 p.m., plaintiff, ALI SHABBIR, was the operator of a certain motor vehicle bearing license plate number KRU7125for the State of NewYork, for the year 2022. EIGHTH: That, on the aforesaid date at the aforesaid location, the motor vehicle owned and operated by defendant, ESAN came OLANREWAJU into contact and collided with the motor vehicle being operated by plaintiff. NINTH: That, the aforesaid occurrence and the injuries resulting therefrom were caused wholly and solely through and by reason of the carelessness, recklessness and negligence of the defendant: in failing and omitting to have said motor vehicle under proper and reasonable control: in carelessly and negligently causing and permitting said motor vehicle to be operated over and along a public highway at a high and/or excessive rate of speed and/or at a greater rate of speed than care and caution would permit under the circumstances and conditions then and there existing to the knowledge of the defendant; in causing and permitting said motor vehicle to be operated in a manner contrary to and in violation of the statutes and police regulations in such cases made and provided and then and there in effect: in carelessly and negligently failing and omitting to provide and/or make proper, prompt and 3 of 7 FILED: NASSAU COUNTY CLERK 05/16/2024 04:02 PM INDEX NO. 608588/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 timely use of adequate and efficient brakes, signaling devices and steering mechanisms; in carelessly and negligently failing and omitting to keep and maintain a proper lookout and be reasonably alert; in failing and omitting to obey a stop sign at the intersection involved herein, governing traffic on the roadway on which this defendanfs motor vehicle was traveling; in carelessly, negligently and recklessly allowing, causing and permitting said motor vehicle to strike and collide with the motor vehicle in which plaintiff was traveling; and the defendant was otherwise negligent and careless in failing and omitting to take proper and suitable precautions to avoid the said occurrence. TENTH: That, as a result thereof, this plaintiff was caused to sustain serious injuries as defined under Section 5102 (d) of the Insurance Law of the State of New York, or economic loss greater than basic economic loss as defined in subdivision (a) of Section 5102 of the Insurance Law. ELEVENTH:The said occurrence and the serious and severe injuries sustained by the plaintiff were occasioned without any negligence on the part of this plaintiff in any manner contributing thereto. TWELFTH:That, as a result thereof, this plaintiff sustained an injury resulting in a significant limitation of use of a body function or system, and/or permanent consequential limitation of use of a body organ or member and/or a medically determined injury or impairment of a non-permanent nature, preventing plaintiff from performing substantially all of the material acts which constitute plaintiff's usual and customary daily activities, for a period in excess of ninety (90) days immediately following this occurrence. 4 of 7 FILED: NASSAU COUNTY CLERK 05/16/2024 04:02 PM INDEX NO. 608588/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 . to recover non- THIRTEENTH: That, by reason thereof, plaintiff is entitled for economic losses as are not included within the definition of "Basic Economic Losses" Law of the as set forth in 5102 (a), (2), (3), and (4) of the Insurance State of NewYork. person" FOURTEENTH:That, plaintiff is a "covered as defined in 5102 (j) of the Insurance Law of the State of NewYork. FIFTEENTH: That this action falls within one or more of the exceptions set forth defendants' in CPLR 1602 and does not limit the liability of the joint or several responsibility. SIXTEENTH: By reason of the foregoing plaintiff, ALI SHABBIR, has been damagedin the sum within the jurisdictional limits of this Court and for an amount in excess of the jurisdictional limits of the lower Courts of the State of NewYork. WHEREFORE, plaintiff demands judgment against the defendant in the sum within the jurisdictional limits of this Court and for an amount in excess of the jurisdictional limits of the lower Courts of the State of NewYork together with the costs and disbursements of this action and for such other and further relief as this Court deems just and proper. Dated: Hempstead, NewYork April 29, 2024 Yours, etc., LAWOFFICES OF ZEMSKYA ep e ' , P.C. By: Michael L. Salomon, Esq. Attorneys for Plaintiff 33 Front Street, Suite 207 Hempstead, NewYork 11550 (516) 485-3800 5 of 7 FILED: NASSAU COUNTY CLERK 05/16/2024 04:02 PM INDEX NO. 608588/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/16/2024 . COURTOF THE STATEOF NEWYORK SUPREME COUNTYOF NASSAU ---------------------------------------------------------------X Index#: All SHABBIR, Plaintiff(s), CERTIFICATION -against- PURSUANT TO SECTION 130-1.1-A OLANREWAJU ESAN, Defendant(s), ______________________________________________________________Ç S I RS : PLEASE TAKE NOTICE, that the accompanying papers are being served pursuant to section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR): ANDCOMPLAINT SUMMONS Dated: Hempstead, NewYork April 29, 2024 Yours, etc., LAWOFFICES OF ZEMSKYANDSALOMON,P.C. BY: MICHAELL. SALO ON, ESQ. Attorney(s) for Plaintiff(s) Office & P.O. Address 33 Front Street Suite 207 Hempstead, NewYork 11550 (516) 485-3800 6 of 7 FILED: NASSAU COUNTY CLERK 05/16/2024 04:02 PM INDEX NO. 608588/2024 NYSCEF DOC.SUPREME NO. 1 COURTOFTHE STATEOFNEWYORK RECEIVED NYSCEF: 05/16/2024 COUNTYOFNASSAU ALI SHABBIR, Index No. , ( , J.) Plaintiffs, - against - OLANREWAJU ESAN, , Defendants. REDACTIONCOVERPAGE CHECKALL THATAPPLY: The document filed contains no confidential personal information, as defined in 22 NYCRR 202..5(e). The document filed is REDACTED in accordance with 22 NYCRR 202.5(e). The document filed is UN-REDACTEDin accordance with 22 NYCRR 202.5(e). (a) The document filed contains SSN(as authorized by the order specified below). (b) The document filed contains confidential personal information as defined under 22 NYCRR 202.5(e) (as authorized by the order specified below). This document was previously filed REDACTED. Date: This document was previously filed UN-REDACTED. Date: The document filed seeks a remedy under 22 NYCRR202.5(e)(2). The document filed seeks a remedy under 22 NYCRR202.5(e)(3). Additional information: There a previously filed order of the Court regarding this document: Q is yes / no Date of order: Date order filed: Other identifying information for such order: The order of the Court is being filed with the redacted / un-redacted document: Q yes O no / Date of order: Other identifying information for such order: Signature of filer: . Print Name: CI-. L. on vi iviv Counsel appearing for: ALI SHABBIR, (name of party) Filer is Unrepresented / Pro se: Qyes / no Date: 04/29/2024 7 of 7