Preview
FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
____________ ___.·----------------------------------------------------X
—-- —- ——
————
—- —- ——- —- ———
Index No.:
CHRISTINA MARTINEZ, Date Purchased:
Plaintiff, SUMMONS
Plaintiff designates New York
-against- as the place of trial.
County
The basis of venue is:
ROBERTO E. CAMINERO, Plaintiff's place of residence.
Plaintiff resides at:
Defendants. 1 Broadway Terrace # 19
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---------------------------------------------------------------------X New NY 10040
York,
County of New York
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 attorney(s) 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: New York, New York
Mach 06, 2018
fÈ1 ERMAN & C IÛVIAN, LLC
Attorneys for P intiff(s)
CHRISTIN ARTINEZ
40"
15 East Street, Suite 800
New York, NY 10016
(212) 725-2313
Defendant(s)
Roberto E. Caminero
2017 Hudson Terrace
Fort Lee, NJ 07024
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FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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---------------------------------------------------------------------X
CHRISTINA MARTINEZ,
Index No.:
Plaintiff,
Date Purchased:
-against- VERIFIED COMPLAINT
ROBERTO E. CAMINERO,
Defendants.
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————- ———-
——- ——————————————————————
---------------------------------------------------------------------X
PLEASE TAKE NOTICE, that Plaintiff(s), by her attorneys, TEPERMAN 4
TEPERMAN, LLC., complaining of the Defendants, respectfully alleges, upon information and
belief:
1. At alltimes herein mentioned and on October 06, 2016 Plaintiff CHRISTINA
MARTINEZ was, and stillis,a resident of the New York County, State of New York.
2. At all times herein mentioned and on October 06, 2016 Defendant ROBERTO E.
CAMINERO was, and still is,a resident of the Hudson County, State of New Jersey.
3. At all times herein mentioned and on October 06, 2016 Defendant ROBERTO E.
CAMINERO, was the owner of a motor vehicle bearing New Jersey State's license registration
number L31CEE.
4. At all times herein mentioned and on October 06, 2016 at approximately 9:00 Pm,
Defendant ROBERTO E. CAMINERO, operated the aforementioned motor vehicle bearing
New York State license registration number L31CEE.
5. At all times herein mentioned and on October 06, 2016 at approximately 9:00 Pm,
Defendant ROBERT E. CAMINDERO controlled the aforementioned motor vehicle bearing
New York State license registration number L131CEE.
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FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018
6. At all times herein mentioned and on October 06, 2016 at approximately 9:00 Pm,
Defendant ROBERT E. CAMINERO, managed the aforementioned motor vehicle bearing New
York State license registration number L131CEE.
7. At alltimes herein mentioned and on October 06, 2016 at approximately 9:00 Pm
Defendant ROBERTO E. CAMINERO, maintained the aforementioned motor vehicle bearing
New York State license registration number L131CEE.
8. At alltimes herein mentioned and on October 06, 2016 at approximately 9:00 Pm,
Defendant ROBERT E. CAMINERO was the owner of certain motor vehicle bearing State of
New Jersey license registration number L131CEE.
186*
9. At alltimes herein mentioned and on October 06, 2016, West Street and at its
intersection with Wardsworth Avenue, in the City of New York, City and State of New York
were public roadways, streets and/or thoroughfares.
10. That on October 06, 2016, at approximately 9:00 Pm, Defendant ROBERT E.
CAMINERO was the owner and operator of the vehicle bearing State of New Jersey motor
vehicle license registration number L131CEE at the aforementioned location.
11. That on October 06, 2016, at approximately 9:00 Pm, at the aforementioned
location, the motor vehicle owned and controlled by Defendant ROBERTO E. CAMINERO
struck and knock down plaintiff CHRISTINA MARTINEZ while lawfully and properly a
pedestrian on said location.
12. That as a result of the aforesaid contact, Plaintiff CHRISTINA MARTINEZ, was
injured, caused her to sustain multiple fractured to right leg including but not limited to open
reduction and internal fixation.
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FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018
13. 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.
14. That Defendants was negligent, careless and reckless in the ownership, operation,
management, maintenance, supervision, use and control of the aforesaid vehicle and the
Defendants was otherwise negligent, careless and reckless under the circumstances then and
there prevailing.
15. That by reason of the foregoing, Plaintiff sustained severe and permanent personal
injuries; and Plaintiff, was otherwise damaged.
16. That Plaintiff CHRISTINA MARTINEZ sustained serious injuries as defined by
§5102(d) of the Insurance Law of the State of New York.
17. That Plaintiff 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.
18. That Plaintiff CHRISTINA MARTINA 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 only to recover those damages not
recoverable through no-fault insurance under the facts and circumstances in this action.
19. That this action falls within one or more of the exceptions set forth in CPLR §1602.
20. That by reason of the foregoing, Plaintiff CHRISTINA MARTINEZ, has been
damaged in a sum that exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction
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FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018
WHEREFORE, Plaintiff(s) demand(s) judgment against the Defendants herein, in a
sum exceeding the jurisdictional limits of all lower courts which would otherwise have
jurisdiction, together with the costs and disbursements of this action.
Dated: New York, New York
March 06, 2018
Yours, c.
T XN & T PÉ , LI'C
Attorneys for Plainti )
CHRISTINA M INEZ
4002
15 East Str t,Suite 800
New York, NY 10016
(212) 725-2313
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FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018
NYSCEF DOC. NO. 1 l RECEIVED NYSCEF: 03/06/2018
ATTORNEY VERIFICATION
STATE OF NEW YORK)
COUNTY OF NEW YORK)
BRUCE R. TEPERMAN an attorney admitted to practice in the State of New York, affirms
the following to be true under the penalties of perjury:
1. I am an associate of TEPERMAN AND TEPERMAN, LLC, attorneys for the plaintiffs in
the within action.
2. I have read the foregoing Verified complaint and know the contents thereof.
3. The same is true to my own knowledge except as to the matters therein alleged upon
information and belief and as to those matters, I believe itto be true.
4. The reason why this Verification is made by me and not the Plaintiff is that the Plaintiff
resides in a County other than the county wherein I maintain my office.
5. The grounds of my belief as to all matters not stated upon my knowledge are as follows:
Conversations with Plaintiff and others; official documents; my file and other good and sufficient
sources.
Dated: New York, New York
March 6, 2018
__-.----
BR CE R PERMAN
1
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FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018
VERIFICATION
STATE OF NEW YORK, COUNTY OF NEW YORK ss:
'd a "'"~=~
[bb24 o
being duly sworn deposes and says:
Deponent is th one of the Plaintiff's in the within action; Deponent has read the
th~
U~' ~'" "' '
and knows the contents thereof:
foregoing
The same is true to his/her own knowledge except as to the matters
therein alleges upon information and belief and as to those matters, deponent
believes it to be true.
r
X ( ~t-r-
Sworn to before me this
6i' o Day of t'tr
', 201
~y' > .:,,
y 7,.p
YA/
NOTARY
/
'T r n %III'/lN
P
;-
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7 of 8
FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018
Index No.: Year 2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CHRISTINA MARTINEZ
Plaintiff(s),
-against-
ROBERTO E. CAMINERO,
Defendant(s),
SUMMONS 4 VERIFIED COMPLAINT
Law Offices
TEPERMAN & TEPERMAN, LLC.
Attorney's
for Plaintiff(s)
CHRISTINA MARTINEZ
15 EAST 40 Street, Suite 800
New York, New York 10016
Tel.No. (212) 725-2313
Fax No. (212)725-2319
Pursuantto 22 NYCRR 130.1.1, the undersigned,
an attorney admitted to practice
law in the courts of New York State, Certifies upon
information
and belief and reasonable inquiry,
the contentions
contained in the annexed document are not frivolous.
Dated:
Bruce R. Teperman, Esq.
Service of ri copy of the within is hereby admitted.
Dated:
Attorney(s) for
PLEASE TAKE NOTICE
O that the within
is a (certified ) true copy of a entered in the office of the clerk
of the within
named Court on , 2018.
O that an Order of which the within bepresented for
is a true copy will settlement to the Hon. ,
one of the) urlges of the within
named Court, at ,
on , 2018, at am/pm.
Dated:
Attorney for
Office Address & Tel No.:
To:
Attorney(s) for
8 of 8
Preview
FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ____________ ___.·----------------------------------------------------X —-- —- —— ———— —- —- ——- —- ——— Index No.: CHRISTINA MARTINEZ, Date Purchased: Plaintiff, SUMMONS Plaintiff designates New York -against- as the place of trial. County The basis of venue is: ROBERTO E. CAMINERO, Plaintiff's place of residence. Plaintiff resides at: Defendants. 1 Broadway Terrace # 19 - —- —-- —- ——-- —— ---------------------------------------------------------------------X New NY 10040 York, County of New York 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 attorney(s) 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: New York, New York Mach 06, 2018 fÈ1 ERMAN & C IÛVIAN, LLC Attorneys for P intiff(s) CHRISTIN ARTINEZ 40" 15 East Street, Suite 800 New York, NY 10016 (212) 725-2313 Defendant(s) Roberto E. Caminero 2017 Hudson Terrace Fort Lee, NJ 07024 1 of 8 FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK —————————-- ————- —- ———- —- —— ---------------------------------------------------------------------X CHRISTINA MARTINEZ, Index No.: Plaintiff, Date Purchased: -against- VERIFIED COMPLAINT ROBERTO E. CAMINERO, Defendants. — ————- ———- ——- —————————————————————— ---------------------------------------------------------------------X PLEASE TAKE NOTICE, that Plaintiff(s), by her attorneys, TEPERMAN 4 TEPERMAN, LLC., complaining of the Defendants, respectfully alleges, upon information and belief: 1. At alltimes herein mentioned and on October 06, 2016 Plaintiff CHRISTINA MARTINEZ was, and stillis,a resident of the New York County, State of New York. 2. At all times herein mentioned and on October 06, 2016 Defendant ROBERTO E. CAMINERO was, and still is,a resident of the Hudson County, State of New Jersey. 3. At all times herein mentioned and on October 06, 2016 Defendant ROBERTO E. CAMINERO, was the owner of a motor vehicle bearing New Jersey State's license registration number L31CEE. 4. At all times herein mentioned and on October 06, 2016 at approximately 9:00 Pm, Defendant ROBERTO E. CAMINERO, operated the aforementioned motor vehicle bearing New York State license registration number L31CEE. 5. At all times herein mentioned and on October 06, 2016 at approximately 9:00 Pm, Defendant ROBERT E. CAMINDERO controlled the aforementioned motor vehicle bearing New York State license registration number L131CEE. 2 of 8 FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018 6. At all times herein mentioned and on October 06, 2016 at approximately 9:00 Pm, Defendant ROBERT E. CAMINERO, managed the aforementioned motor vehicle bearing New York State license registration number L131CEE. 7. At alltimes herein mentioned and on October 06, 2016 at approximately 9:00 Pm Defendant ROBERTO E. CAMINERO, maintained the aforementioned motor vehicle bearing New York State license registration number L131CEE. 8. At alltimes herein mentioned and on October 06, 2016 at approximately 9:00 Pm, Defendant ROBERT E. CAMINERO was the owner of certain motor vehicle bearing State of New Jersey license registration number L131CEE. 186* 9. At alltimes herein mentioned and on October 06, 2016, West Street and at its intersection with Wardsworth Avenue, in the City of New York, City and State of New York were public roadways, streets and/or thoroughfares. 10. That on October 06, 2016, at approximately 9:00 Pm, Defendant ROBERT E. CAMINERO was the owner and operator of the vehicle bearing State of New Jersey motor vehicle license registration number L131CEE at the aforementioned location. 11. That on October 06, 2016, at approximately 9:00 Pm, at the aforementioned location, the motor vehicle owned and controlled by Defendant ROBERTO E. CAMINERO struck and knock down plaintiff CHRISTINA MARTINEZ while lawfully and properly a pedestrian on said location. 12. That as a result of the aforesaid contact, Plaintiff CHRISTINA MARTINEZ, was injured, caused her to sustain multiple fractured to right leg including but not limited to open reduction and internal fixation. 3 of 8 FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018 13. 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. 14. That Defendants was negligent, careless and reckless in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid vehicle and the Defendants was otherwise negligent, careless and reckless under the circumstances then and there prevailing. 15. That by reason of the foregoing, Plaintiff sustained severe and permanent personal injuries; and Plaintiff, was otherwise damaged. 16. That Plaintiff CHRISTINA MARTINEZ sustained serious injuries as defined by §5102(d) of the Insurance Law of the State of New York. 17. That Plaintiff 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. 18. That Plaintiff CHRISTINA MARTINA 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 only to recover those damages not recoverable through no-fault insurance under the facts and circumstances in this action. 19. That this action falls within one or more of the exceptions set forth in CPLR §1602. 20. That by reason of the foregoing, Plaintiff CHRISTINA MARTINEZ, has been damaged in a sum that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction 4 of 8 FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018 WHEREFORE, Plaintiff(s) demand(s) judgment against the Defendants herein, in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: New York, New York March 06, 2018 Yours, c. T XN & T PÉ , LI'C Attorneys for Plainti ) CHRISTINA M INEZ 4002 15 East Str t,Suite 800 New York, NY 10016 (212) 725-2313 5 of 8 FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018 NYSCEF DOC. NO. 1 l RECEIVED NYSCEF: 03/06/2018 ATTORNEY VERIFICATION STATE OF NEW YORK) COUNTY OF NEW YORK) BRUCE R. TEPERMAN an attorney admitted to practice in the State of New York, affirms the following to be true under the penalties of perjury: 1. I am an associate of TEPERMAN AND TEPERMAN, LLC, attorneys for the plaintiffs in the within action. 2. I have read the foregoing Verified complaint and know the contents thereof. 3. The same is true to my own knowledge except as to the matters therein alleged upon information and belief and as to those matters, I believe itto be true. 4. The reason why this Verification is made by me and not the Plaintiff is that the Plaintiff resides in a County other than the county wherein I maintain my office. 5. The grounds of my belief as to all matters not stated upon my knowledge are as follows: Conversations with Plaintiff and others; official documents; my file and other good and sufficient sources. Dated: New York, New York March 6, 2018 __-.---- BR CE R PERMAN 1 6 of 8 FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018 VERIFICATION STATE OF NEW YORK, COUNTY OF NEW YORK ss: 'd a "'"~=~ [bb24 o being duly sworn deposes and says: Deponent is th one of the Plaintiff's in the within action; Deponent has read the th~ U~' ~'" "' ' and knows the contents thereof: foregoing The same is true to his/her own knowledge except as to the matters therein alleges upon information and belief and as to those matters, deponent believes it to be true. r X ( ~t-r- Sworn to before me this 6i' o Day of t'tr ', 201 ~y' > .:,, y 7,.p YA/ NOTARY / 'T r n %III'/lN P ;- (.OO-;fy "') o3 ZQ 7 of 8 FILED: NEW YORK COUNTY CLERK 03/06/2018 11:54 AM INDEX NO. 152000/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2018 Index No.: Year 2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CHRISTINA MARTINEZ Plaintiff(s), -against- ROBERTO E. CAMINERO, Defendant(s), SUMMONS 4 VERIFIED COMPLAINT Law Offices TEPERMAN & TEPERMAN, LLC. Attorney's for Plaintiff(s) CHRISTINA MARTINEZ 15 EAST 40 Street, Suite 800 New York, New York 10016 Tel.No. (212) 725-2313 Fax No. (212)725-2319 Pursuantto 22 NYCRR 130.1.1, the undersigned, an attorney admitted to practice law in the courts of New York State, Certifies upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: Bruce R. Teperman, Esq. Service of ri copy of the within is hereby admitted. Dated: Attorney(s) for PLEASE TAKE NOTICE O that the within is a (certified ) true copy of a entered in the office of the clerk of the within named Court on , 2018. O that an Order of which the within bepresented for is a true copy will settlement to the Hon. , one of the) urlges of the within named Court, at , on , 2018, at am/pm. Dated: Attorney for Office Address & Tel No.: To: Attorney(s) for 8 of 8