Preview
FILED: QUEENS COUNTY CLERK 03/12/2018 12:49 PM INDEX NO. 703724/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
Date Purchased:
COUNTY OF QUEENS
_____________________________________________x - ———
————
— SUMMONS
HEADLEY A. WEIR.
Plaintiff designates Queens
County as the place of trial.
Plaintiff,
-against- The basis of venue is:
Defendant's residence.
STEPHANY S. GORDON AND GUY JAMAL JAMES,
Defendant resides at:
210-10 Grand Central #1A
Defendants,
Queens, NY 11427
---------------------------------------------X
County of Queens.
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 Plaintiffs attorneys within twenty days after the service of this summons,
exclusive of the day of service, where service is made by delivery upon you personally within
the state, or, within 30 days after completion of service where service is made in any other
manner. 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: Brooklyn, New York
February 21, 2018
ARIEL A. NIYAZOV, ESQ
NIYAZOV LAW GROUP, P.C.
Attorneys for Plaintiff
HEADLEY A. WEIR
2"d
2663Coney Island Ave Fl
Brooklyn, New York 11223
(347) 702-9898
Our File No. 17141
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TO:
STEPHANY S. GORDON
3488 WILSON AVE
BRONX, NY 10456
..
GUY JAMAL JAMES
3488 WILSON AVE
BRONX, NY 10469
't
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SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF QUEENS Date Purchased:
-----------------------------------------------------------X
HEADLEY A. WEIR, VERIFIED COMPLAINT
Plaintiff,
-against-
STEPHANY S. GORDON AND GUY JAMAL JAMES,
Defendants,
---------------------------------------------X
Plaintiff, HEADLEY A. WEIR, by her attorneys, NIYAZOV LAW GROUP, P.C.,
complaining of the Defendants herein, respectfully allege, upon information and belief, as
follows:
1. At all times herein mentioned, Plaintiff, HEADLEY A. WEIR, was and still is a
resident of the County of Bronx, City and State of New York.
2. At all times herein mentioned, Defendant, STEPHANY S. GORDON, was and
stillis a resident of the County of Bronx, City and State of New York.
3. At all times herein mentioned, Defendant, GUY JAMAL JAMES, was and still
is a resident of the County of Queens, City and State of New York.
4. At all times herein mentioned, Defendant, STEPHANY S. GORDON, was the
registered owner of a 2013 Hyundai motor vehicle bearing State of New York State registration
number HGR4528.
5. At all times herein mentioned, Defendant, STEPHANY S. GORDON, was the
lessor of a 2013 Hyundai motor vehicle bearing State of New York State registration number
HGR4528.
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6. At all times herein mentioned, Defendant, STEPHANY S. GORDON, was the
lessee of a 2013 Hyundai motor vehicle bearing State of New York State registration number
HGR4528.
7. At all times herein mentioned, Defendant, GUY JAMAL JAMES, was the
operator of a 2013 Hyundai motor vehicle bearing State of New York State registration number
HGR4528.
8. At all times herein mentioned, Defendant, GUY JAMAL JAMES, was
controlling the 2013 Hyundai motor vehicle bearing State of New York State registration number
HGR4528.
9. At
na all times herein
Iaawut mentioned, Defendant, GUY
uu I JAMAL JAMES, was
controlling the 2013 Hyundai motor vehicle bearing State of New York State registration number
HGR4528, with the knowledge of the defendant owner.
10. At all times herein mentioned, Defendant, GUY JAMAL JAMES, was
controlling 2013 Hyundai motor vehicle bearing State of New York State registration number
HGR4528, with the permission of the defendant owner.
11. At all times herein mentioned, Defendant, GUY JAMAL JAMES, was
controlling the 2013 Hyundai motor vehicle bearing State of New York State registration number
HGR4528, with the express consent of the defendant owner.
12. At alltimes herein mentioned, Defendant, GUY JAMAL JAMES, was
controlling the 2013 Hyundai motor vehicle bearing State of New York State registration number
HGR4528.
HGR4528, with the implied consent of the defendant owner.
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14. That on August 14, 2017, Defendant, GUY JAMAL JAMES, was operating and
controlling the 2013 Hyundai motor vehicle bearing State ofNew York State registration number
HGR4528, in front of 2132 Bartow Ave, in the County of Bronx, City and State of New York.
15. At the aforesaid date and place, Plaintiff, HEADLEY A. WEIR, lawfully
operated, controlled and maintained the 2015 Hyundai, motor vehicle bearing State of New York
registration number T724979C, with the permission of owner, LUXURY ONE CORP., when
defendants motor vehicle forcibly struck the vehicle of the plaintiff causing a collision.
16. That as a result of the aforesaid contact, Plaintiff, HEADLEY A. WEIR, was
injured.
17. That the aforesaid occurrence was caused wholly and solely by reason of the
negligence of the Defendants without any fault or negligence on the part of the Plaintiff
contributing thereto.
18. That Defendants were negligent, careless and reckless in the ownership,
operation, management, maintenance, supervision, use and control of the aforesaid vehicles and
the Defendants were otherwise negligent, careless, and reckless under the circumstances then and
there prevailing.
19. That by reason of the foregoing, Plaintiff, H.EADLEY A. WEIR, sustained
severe and permanent personal injuries; and Plaintiff, HEADLEY A. WEIR, was otherwise
damaged.
20. That Plaintiff, HEADLEY A. WEIR, sustained serious injuries as defined by
(5102(d) of'the Insurance Law of the State of New York.
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21. That Plaintiff, HEADLEY A. WEIR, sustained serious injuries and economic
loss greater than basic economic loss as defined by §5104 of the Insurance Law of the State of
New York.
22. That Plaintiff, HEADLEY A. WEIR, is not seeking to recover any damages for
which Plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance is
obligated to reimburse Plaintiff. Plaintiff is seeking to recover only those damages not
recoverable through no-fault insurance under the facts and circumstances herein.
of'
23. That this action falls within one or more of the exceptions set forth in CPLR
§l 602.
24. That by reason of the foregoing, Plaintiff, HEADLEY A. WEIR, has been
damaged in a sum which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction.
WHEREFORE, Plaintiff, HEADLEY A. WEIR, demand judgment against the
Defendants, STEPHANY S. GORDON and GUY JAMAL JAMES, herein on all causes of
action, in a sum exceeding the jurisdictional limits of alllower courts which would otherwise
have jurisdiction, together with the costs and disbursements of this action.
Dated: Brooklyn, New York
February 12, 2018
Yours, etc.
ARIEL A. NIYAZOV, ESQ
NIYAZOV LAW GROUP, P.C.
J'Iatntzff'
Attorneys for Plaintiff
HEADLEY A. WEIR
2nd
2663Coney Island Ave F1
Brooklyn, New York 11223
(347) 702-9898
Our File No. 17141
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
).SS:
COUNTY OF KINGS )
The undersigned, an attorney, duly admitted to practice law in the Courts of the State
of New York, and hereby deposes and states that:
I am the attorney for the Plaintiff,HEADLEY A. WEIR, in the above action. I have read
the annexed COMPLAINT and know the contents thereof and the same are true to my
knowledge, except those matters therein which are stated to be alleged upon information
and belief, and as to those matters I believe them to be true.My belief,as to those matters
therein not stated upon knowledge, is based upon the following: investigation, interviews
with client, records, reports, documents, correspondence, data, memoranda, etc.,contained
in the file.
The reason I make this verification instead of the Plaintiff,is that the Plaintiff resides
out of the County of Kings, wherein I maintain my offices.
1 affirm that the statements are true under the penalties of perjury,
foregoing
Dated: Brooklyn, New York
February 21, 2018
Ariel A.
A. Isliyazov,
Niyazov, 1';scl.
Esp.
7 of 7
Preview
FILED: QUEENS COUNTY CLERK 03/12/2018 12:49 PM INDEX NO. 703724/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 Index No.: SUPREME COURT OF THE STATE OF NEW YORK Date Purchased: COUNTY OF QUEENS _____________________________________________x - ——— ———— — SUMMONS HEADLEY A. WEIR. Plaintiff designates Queens County as the place of trial. Plaintiff, -against- The basis of venue is: Defendant's residence. STEPHANY S. GORDON AND GUY JAMAL JAMES, Defendant resides at: 210-10 Grand Central #1A Defendants, Queens, NY 11427 ---------------------------------------------X County of Queens. 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 Plaintiffs attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. 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: Brooklyn, New York February 21, 2018 ARIEL A. NIYAZOV, ESQ NIYAZOV LAW GROUP, P.C. Attorneys for Plaintiff HEADLEY A. WEIR 2"d 2663Coney Island Ave Fl Brooklyn, New York 11223 (347) 702-9898 Our File No. 17141 1 of 7 FILED: QUEENS COUNTY CLERK 03/12/2018 12:49 PM INDEX NO. 703724/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 TO: STEPHANY S. GORDON 3488 WILSON AVE BRONX, NY 10456 .. GUY JAMAL JAMES 3488 WILSON AVE BRONX, NY 10469 't 2 of 7 FILED: QUEENS COUNTY CLERK 03/12/2018 12:49 PM INDEX NO. 703724/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF QUEENS Date Purchased: -----------------------------------------------------------X HEADLEY A. WEIR, VERIFIED COMPLAINT Plaintiff, -against- STEPHANY S. GORDON AND GUY JAMAL JAMES, Defendants, ---------------------------------------------X Plaintiff, HEADLEY A. WEIR, by her attorneys, NIYAZOV LAW GROUP, P.C., complaining of the Defendants herein, respectfully allege, upon information and belief, as follows: 1. At all times herein mentioned, Plaintiff, HEADLEY A. WEIR, was and still is a resident of the County of Bronx, City and State of New York. 2. At all times herein mentioned, Defendant, STEPHANY S. GORDON, was and stillis a resident of the County of Bronx, City and State of New York. 3. At all times herein mentioned, Defendant, GUY JAMAL JAMES, was and still is a resident of the County of Queens, City and State of New York. 4. At all times herein mentioned, Defendant, STEPHANY S. GORDON, was the registered owner of a 2013 Hyundai motor vehicle bearing State of New York State registration number HGR4528. 5. At all times herein mentioned, Defendant, STEPHANY S. GORDON, was the lessor of a 2013 Hyundai motor vehicle bearing State of New York State registration number HGR4528. 3 of 7 FILED: QUEENS COUNTY CLERK 03/12/2018 12:49 PM INDEX NO. 703724/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 6. At all times herein mentioned, Defendant, STEPHANY S. GORDON, was the lessee of a 2013 Hyundai motor vehicle bearing State of New York State registration number HGR4528. 7. At all times herein mentioned, Defendant, GUY JAMAL JAMES, was the operator of a 2013 Hyundai motor vehicle bearing State of New York State registration number HGR4528. 8. At all times herein mentioned, Defendant, GUY JAMAL JAMES, was controlling the 2013 Hyundai motor vehicle bearing State of New York State registration number HGR4528. 9. At na all times herein Iaawut mentioned, Defendant, GUY uu I JAMAL JAMES, was controlling the 2013 Hyundai motor vehicle bearing State of New York State registration number HGR4528, with the knowledge of the defendant owner. 10. At all times herein mentioned, Defendant, GUY JAMAL JAMES, was controlling 2013 Hyundai motor vehicle bearing State of New York State registration number HGR4528, with the permission of the defendant owner. 11. At all times herein mentioned, Defendant, GUY JAMAL JAMES, was controlling the 2013 Hyundai motor vehicle bearing State of New York State registration number HGR4528, with the express consent of the defendant owner. 12. At alltimes herein mentioned, Defendant, GUY JAMAL JAMES, was controlling the 2013 Hyundai motor vehicle bearing State of New York State registration number HGR4528. HGR4528, with the implied consent of the defendant owner. 4 of 7 FILED: QUEENS COUNTY CLERK 03/12/2018 12:49 PM INDEX NO. 703724/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 14. That on August 14, 2017, Defendant, GUY JAMAL JAMES, was operating and controlling the 2013 Hyundai motor vehicle bearing State ofNew York State registration number HGR4528, in front of 2132 Bartow Ave, in the County of Bronx, City and State of New York. 15. At the aforesaid date and place, Plaintiff, HEADLEY A. WEIR, lawfully operated, controlled and maintained the 2015 Hyundai, motor vehicle bearing State of New York registration number T724979C, with the permission of owner, LUXURY ONE CORP., when defendants motor vehicle forcibly struck the vehicle of the plaintiff causing a collision. 16. That as a result of the aforesaid contact, Plaintiff, HEADLEY A. WEIR, was injured. 17. That the aforesaid occurrence was caused wholly and solely by reason of the negligence of the Defendants without any fault or negligence on the part of the Plaintiff contributing thereto. 18. That Defendants were negligent, careless and reckless in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid vehicles and the Defendants were otherwise negligent, careless, and reckless under the circumstances then and there prevailing. 19. That by reason of the foregoing, Plaintiff, H.EADLEY A. WEIR, sustained severe and permanent personal injuries; and Plaintiff, HEADLEY A. WEIR, was otherwise damaged. 20. That Plaintiff, HEADLEY A. WEIR, sustained serious injuries as defined by (5102(d) of'the Insurance Law of the State of New York. 5 of 7 FILED: QUEENS COUNTY CLERK 03/12/2018 12:49 PM INDEX NO. 703724/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 21. That Plaintiff, HEADLEY A. WEIR, sustained serious injuries and economic loss greater than basic economic loss as defined by §5104 of the Insurance Law of the State of New York. 22. That Plaintiff, HEADLEY A. WEIR, is not seeking to recover any damages for which Plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated to reimburse Plaintiff. Plaintiff is seeking to recover only those damages not recoverable through no-fault insurance under the facts and circumstances herein. of' 23. That this action falls within one or more of the exceptions set forth in CPLR §l 602. 24. That by reason of the foregoing, Plaintiff, HEADLEY A. WEIR, has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff, HEADLEY A. WEIR, demand judgment against the Defendants, STEPHANY S. GORDON and GUY JAMAL JAMES, herein on all causes of action, in a sum exceeding the jurisdictional limits of alllower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: Brooklyn, New York February 12, 2018 Yours, etc. ARIEL A. NIYAZOV, ESQ NIYAZOV LAW GROUP, P.C. J'Iatntzff' Attorneys for Plaintiff HEADLEY A. WEIR 2nd 2663Coney Island Ave F1 Brooklyn, New York 11223 (347) 702-9898 Our File No. 17141 6 of 7 FILED: QUEENS COUNTY CLERK 03/12/2018 12:49 PM INDEX NO. 703724/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ).SS: COUNTY OF KINGS ) The undersigned, an attorney, duly admitted to practice law in the Courts of the State of New York, and hereby deposes and states that: I am the attorney for the Plaintiff,HEADLEY A. WEIR, in the above action. I have read the annexed COMPLAINT and know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true.My belief,as to those matters therein not stated upon knowledge, is based upon the following: investigation, interviews with client, records, reports, documents, correspondence, data, memoranda, etc.,contained in the file. The reason I make this verification instead of the Plaintiff,is that the Plaintiff resides out of the County of Kings, wherein I maintain my offices. 1 affirm that the statements are true under the penalties of perjury, foregoing Dated: Brooklyn, New York February 21, 2018 Ariel A. A. Isliyazov, Niyazov, 1';scl. Esp. 7 of 7