Preview
FILED: QUEENS COUNTY CLERK 03/07/2018 03:41 PM INDEX NO. 703510/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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DIANNE DAVIS, Index No.:
Date purchased:
Plantiff,
Plaintiff(s) designate(s)
-against- QUEENS COUNTY
County as the place of trial.
FRANZ A. MATZELLE
SUMMONS
Defendant . The basis of the venue designated is:
CPLR 504(3)
_________________________________________________________-----------X
To the above named Defendant(s):
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
Plaintiffs'
appearance. on the Atttorney(s) within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete ifthis summons is
not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the releif demanded in the
complaint.
Dated: New York, New York
March 7, 2018
LERNER, ARNOLD & W STON, LLP
By
Charles Martin Arnold
Attorneys for Plaintiff
28th
475 Park Ave South, PlOOr
New York, New York 10016
212-686-4655
Defendants'
Addresses:
Franz A. Matzelle
138 50 Brookville Boulevard
Rosedale. NY 11422
.ERNERARNOLD.WINSTON
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
____________--__--__-------------------------------------------------------X
DIANNE DAVIS,
Index Number:
Plaintiff,
-against- VERIFIED COMPLAINT
FRANZ A. MATZELLE,
Defendant.
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Plaintiff, DIANNE DAVIS, by and through her attorneys, LERNER, ARNOLD &
WINSTON, LLP, as and for his Verified Complaint respectfully alleges upon information and
belief as follows:
PARTIES
1.. At all times hereinafter mentioned Plaintiff, DIANNE DAVIS (also referred to
hereinafter as "Plaintiff"), was and stillis an individual over the age of eighteen, and a resident of
Queens and citizen of the State of New York.
2. At alltimes hereinafter mentioned, Defendant FRANZ A. MATZELLE, was and
stillis an individual over the age of eighteen, and resided and is a citizen of the State of New
York. County of Nassau.
VENUE
3. Plaintiff has properly selected Queens County as the venue for this action
pursuant to CPLR 503(a) as Plaintiff has brought suit against the defendants in the county in
which one of the parties resides.
4. At all times hereinafter mentioned, Plaintiff DIANNE DAVIS was the lawful
operator of a 2010 Jeep motor vehicle bearing New York State License Plate Number FTG6503,
.ERNERARNQLDwlNsToN (hereinafter Plaintiff s vehicle).
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5. At all times hereinafter mentioned, Defendant FRANZ A. MATZELLE was the
lawful operator of a 2005 Dodge motor vehicle bearing New York State License Plate Number
CRH5154, (hereinafter Defendant's vehicle).
6. At all times hereinafter mentioned and at all relevant times, Defendant FRANZ
A. MATZELLE was the owner Defendant's vehicle
7. At all times hereinafter mentioned and at all relevant times, Defendant FRANZ
A. MATZELLE, was the lessee of the Defendant's vehicle.
8. At all times hereinafter mentioned and at all relevant times, Defendant FRANZ
A. MATZELLE was the registrant of Defendant's vehicle.
9. At all times hereinafter mentioned and at all relevant times, Defendant FRANZ
A. MATZELLE maintained Defendant's vehicle.
10. At all times hereinafter mentioned and at all relevant times, Defendant FRANZ
A. MATZELLE managed Defendant's vehicle.
11. At all times hereinafter mentioned and at all relevant times, Defendant, FRANZ
A. MATZELLE controlled Defendant's vehicle.
12. To the extent that Defendant FRANZ A. MATZELLE is not the legal owner of
Defendant's vehicle, at all times hereinafter mentioned and at all relevant times, Defendant
FRANZ A. MATZELLE, in the operation and control of Defendant's vehicle, had the express
consent of the lawful owner to operate Defendant's vehicle.
13. To the extent that Defendant FRANZ A. MATZELLE is not the legal owner of
Defendant's vehicle, at all times hereinafter mentioned and at all relevant times, Defendant
FRANZ A. MATZELLE, in the operation and control of Defendant's vehicle, had the implied
consent of the lawful owner to operate Defendant's vehicle.
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LERNERARNOLD.WINSTO
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14. At all times mentioned herein, Southern State Parkway and Cross Island Parkway,
City and State of New York, are public roadways and/or thoroughfares within the confines of the
County of Nassau.
AS AND FOR A CAUSE OF ACTION IN NEGLIGENCE
(Common Law Negligence)
15. Plaintiff repeats and re-alleges each and every allegation contained in
"1" "14"
paragraphs numbered through herein as is fully set forth at length herein.
16. On March 15, 2017, Plaintiff DIANNE DAVIS was lawfully traveling on the
Southern State Parkway at its intersection with Cross Island Parkway, City and State of New
York. County of Nassau, when Defendant FRANZ A. MATZELLE struck and rear-ended her
vehicle causing her to collide with another vehicle and suffer personal injuries.
17. The plaintiff's vehicle and the Defendant's vehicle were in contact at the
aforesaid place and time.
18. The incident and the injuries sustained by plaintiff DIANNE DAVIS wer caused
solely by reason of the negligence of Defendant FRANZ A. MATZELLE in that Defendant's
vehicle was operated in a negligent, grossly negligent, reckless and/or careless manner; without
due regard for the conditions then and there prevailing; without due regard to the traffic light,
stop sign and road regulation, without due regard for the rights and safety of others including the
Plaintiff, DIANNE DAVIS.
19. Defendant was negligent, grossly negligent, reckless and/or careless with respect
to the operation. maintenance, management and/or control of Defendant's vehicle, at the
aforesaid time and place in that he failed to operate Defendant's vehicle under due and proper
3
LERNER.
ARNOLDWINSTO
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control; in failing to keep a proper lookout; in failing to take any action or adequate action to
avoid striking Plaintiff; in failing to observe Plaintiff who was lawfully upon the roadway; in
failing to see what there was to be seen upon the roadway including Plaintiff's vehicle lawfully
upon the roadway; in failing to operate Defendant's vehicle at a safe speed for the then there
existing conditions including the existence of Plaintiff's vehicle upon the roadway, in failing to
give Plaintiff an opportunity to reach a place of safety; in failing to lookout and see what there
was to be seen upon the roadway including the existence of the Plaintiff herein, so as to avoid
striking Plaintiff's vehicle upon the roadway; in failing to warn Plaintiff of the approach of
Defendant's vehicle; in failing to look and in operating said motor vehicle in violation of the
laws. statutes, codes, ordinances, rules and regulations of the City and State of New York.
20. As a result of the accident, Plaintiff DIANNE DAVIS suffered serious bodily
injuries as defined in Insurance Law §5102(d), and she became sick, sore, lame, and/or disabled
and has remained sick, sore, lame and/or disabled since the aforesaid accident, has suffered great
pain and is informed and verily believes that she will continue to suffer for a long time to come,
and that said injuries are likely permanent and defers to the opinions of her treating medical
providers. Furthermore, as a result of the incident, Plaintiff DIANNE DAVIS has been unable to
cany on with her normal daily activities in a pain free condition for some time, and believes that
in the future, she will be unable to and hindered in carrying out her normal daily activities in a
pain free condition.
21. That by reason of the foregoing, Plaintiff DIANNE DAVIS sustained severe and
permanent personal injuries, economic damages, lost wages, and loss of engagement of life.
22. Said injuries are permanent in nature and duration, and were caused, precipitated,
aggravated and/or exacerbated by the occurrence herein. That to the extent the above injuries,
4
LERNERARNOLOW
Preview
FILED: QUEENS COUNTY CLERK 03/07/2018 03:41 PM INDEX NO. 703510/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS — --------------------------------------------------------------------X DIANNE DAVIS, Index No.: Date purchased: Plantiff, Plaintiff(s) designate(s) -against- QUEENS COUNTY County as the place of trial. FRANZ A. MATZELLE SUMMONS Defendant . The basis of the venue designated is: CPLR 504(3) _________________________________________________________-----------X To the above named Defendant(s): 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 Plaintiffs' appearance. on the Atttorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete ifthis summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the releif demanded in the complaint. Dated: New York, New York March 7, 2018 LERNER, ARNOLD & W STON, LLP By Charles Martin Arnold Attorneys for Plaintiff 28th 475 Park Ave South, PlOOr New York, New York 10016 212-686-4655 Defendants' Addresses: Franz A. Matzelle 138 50 Brookville Boulevard Rosedale. NY 11422 .ERNERARNOLD.WINSTON 1 of 9 FILED: QUEENS COUNTY CLERK 03/07/2018 03:41 PM INDEX NO. 703510/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ____________--__--__-------------------------------------------------------X DIANNE DAVIS, Index Number: Plaintiff, -against- VERIFIED COMPLAINT FRANZ A. MATZELLE, Defendant. ---------------------------------------------------------------------------X Plaintiff, DIANNE DAVIS, by and through her attorneys, LERNER, ARNOLD & WINSTON, LLP, as and for his Verified Complaint respectfully alleges upon information and belief as follows: PARTIES 1.. At all times hereinafter mentioned Plaintiff, DIANNE DAVIS (also referred to hereinafter as "Plaintiff"), was and stillis an individual over the age of eighteen, and a resident of Queens and citizen of the State of New York. 2. At alltimes hereinafter mentioned, Defendant FRANZ A. MATZELLE, was and stillis an individual over the age of eighteen, and resided and is a citizen of the State of New York. County of Nassau. VENUE 3. Plaintiff has properly selected Queens County as the venue for this action pursuant to CPLR 503(a) as Plaintiff has brought suit against the defendants in the county in which one of the parties resides. 4. At all times hereinafter mentioned, Plaintiff DIANNE DAVIS was the lawful operator of a 2010 Jeep motor vehicle bearing New York State License Plate Number FTG6503, .ERNERARNQLDwlNsToN (hereinafter Plaintiff s vehicle). 2 of 9 FILED: QUEENS COUNTY CLERK 03/07/2018 03:41 PM INDEX NO. 703510/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018 5. At all times hereinafter mentioned, Defendant FRANZ A. MATZELLE was the lawful operator of a 2005 Dodge motor vehicle bearing New York State License Plate Number CRH5154, (hereinafter Defendant's vehicle). 6. At all times hereinafter mentioned and at all relevant times, Defendant FRANZ A. MATZELLE was the owner Defendant's vehicle 7. At all times hereinafter mentioned and at all relevant times, Defendant FRANZ A. MATZELLE, was the lessee of the Defendant's vehicle. 8. At all times hereinafter mentioned and at all relevant times, Defendant FRANZ A. MATZELLE was the registrant of Defendant's vehicle. 9. At all times hereinafter mentioned and at all relevant times, Defendant FRANZ A. MATZELLE maintained Defendant's vehicle. 10. At all times hereinafter mentioned and at all relevant times, Defendant FRANZ A. MATZELLE managed Defendant's vehicle. 11. At all times hereinafter mentioned and at all relevant times, Defendant, FRANZ A. MATZELLE controlled Defendant's vehicle. 12. To the extent that Defendant FRANZ A. MATZELLE is not the legal owner of Defendant's vehicle, at all times hereinafter mentioned and at all relevant times, Defendant FRANZ A. MATZELLE, in the operation and control of Defendant's vehicle, had the express consent of the lawful owner to operate Defendant's vehicle. 13. To the extent that Defendant FRANZ A. MATZELLE is not the legal owner of Defendant's vehicle, at all times hereinafter mentioned and at all relevant times, Defendant FRANZ A. MATZELLE, in the operation and control of Defendant's vehicle, had the implied consent of the lawful owner to operate Defendant's vehicle. 2 LERNERARNOLD.WINSTO 3 of 9 FILED: QUEENS COUNTY CLERK 03/07/2018 03:41 PM INDEX NO. 703510/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018 14. At all times mentioned herein, Southern State Parkway and Cross Island Parkway, City and State of New York, are public roadways and/or thoroughfares within the confines of the County of Nassau. AS AND FOR A CAUSE OF ACTION IN NEGLIGENCE (Common Law Negligence) 15. Plaintiff repeats and re-alleges each and every allegation contained in "1" "14" paragraphs numbered through herein as is fully set forth at length herein. 16. On March 15, 2017, Plaintiff DIANNE DAVIS was lawfully traveling on the Southern State Parkway at its intersection with Cross Island Parkway, City and State of New York. County of Nassau, when Defendant FRANZ A. MATZELLE struck and rear-ended her vehicle causing her to collide with another vehicle and suffer personal injuries. 17. The plaintiff's vehicle and the Defendant's vehicle were in contact at the aforesaid place and time. 18. The incident and the injuries sustained by plaintiff DIANNE DAVIS wer caused solely by reason of the negligence of Defendant FRANZ A. MATZELLE in that Defendant's vehicle was operated in a negligent, grossly negligent, reckless and/or careless manner; without due regard for the conditions then and there prevailing; without due regard to the traffic light, stop sign and road regulation, without due regard for the rights and safety of others including the Plaintiff, DIANNE DAVIS. 19. Defendant was negligent, grossly negligent, reckless and/or careless with respect to the operation. maintenance, management and/or control of Defendant's vehicle, at the aforesaid time and place in that he failed to operate Defendant's vehicle under due and proper 3 LERNER. ARNOLDWINSTO 4 of 9 FILED: QUEENS COUNTY CLERK 03/07/2018 03:41 PM INDEX NO. 703510/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/07/2018 control; in failing to keep a proper lookout; in failing to take any action or adequate action to avoid striking Plaintiff; in failing to observe Plaintiff who was lawfully upon the roadway; in failing to see what there was to be seen upon the roadway including Plaintiff's vehicle lawfully upon the roadway; in failing to operate Defendant's vehicle at a safe speed for the then there existing conditions including the existence of Plaintiff's vehicle upon the roadway, in failing to give Plaintiff an opportunity to reach a place of safety; in failing to lookout and see what there was to be seen upon the roadway including the existence of the Plaintiff herein, so as to avoid striking Plaintiff's vehicle upon the roadway; in failing to warn Plaintiff of the approach of Defendant's vehicle; in failing to look and in operating said motor vehicle in violation of the laws. statutes, codes, ordinances, rules and regulations of the City and State of New York. 20. As a result of the accident, Plaintiff DIANNE DAVIS suffered serious bodily injuries as defined in Insurance Law §5102(d), and she became sick, sore, lame, and/or disabled and has remained sick, sore, lame and/or disabled since the aforesaid accident, has suffered great pain and is informed and verily believes that she will continue to suffer for a long time to come, and that said injuries are likely permanent and defers to the opinions of her treating medical providers. Furthermore, as a result of the incident, Plaintiff DIANNE DAVIS has been unable to cany on with her normal daily activities in a pain free condition for some time, and believes that in the future, she will be unable to and hindered in carrying out her normal daily activities in a pain free condition. 21. That by reason of the foregoing, Plaintiff DIANNE DAVIS sustained severe and permanent personal injuries, economic damages, lost wages, and loss of engagement of life. 22. Said injuries are permanent in nature and duration, and were caused, precipitated, aggravated and/or exacerbated by the occurrence herein. That to the extent the above injuries, 4 LERNERARNOLOW