Preview
FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018
FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018
Fom 07 - COB OM ON
II II III
P705574
SUBIN ASSOCIATES, LLP ROBERT C. LAKE
SUPREME COURT KINGS COUNTY STATE OF NEW YORK
ESTHER DIPILATO index No. 503889/2017
PLAINTIFF Date Filed
- vs - Office No. 25319
ANDREW SCIBELLI, ETAL Court Date.
DEFENDANT
STATE OF NEW YORK, COUNTY OF NEW YORK .'
:SS:
JERRISSON PENA-NUNEZ being duly sworn, deposes and says; I am over 18 years of age, not a
party to this action, and reside in the State of New York. That on the 08TH day of MARCH,
2017 2:47PM at
601 UNION STREET
BROOKLYN NY 11215
served a true copy of the NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC
FILING SUPREME COURT CASES , SUMMONS AND VERIFIED COMPLAINT
upon SJ FUEL CO. INC,
a domestic corporation, the DEFENDANT therein named by delivering to, and leaving personally
with
PETER DARCEL , CLERK AND GENERAL AGENT
a true copy of each thereof.
Deponent describes the person served as aforesaid to the best of deponent's ability at
the time and circumstances of the service as follows.
SEX: MALE COLOR: WHITE HAIR: BLACK/BALD
APP.AGE: 50 APP. HT: 5'7 APP. WT: 145
OTHER IDENTIFYING FEATURES
COMMENTS:
Sworn to before me this
09TH day of MARCH, 2017 I
J RISTO UNÊ DCA LIC 52033986
PM Legal
LISA M. HAGERMAN 75 MAIDEN LANE 11TH FLOOR 6
Notary Public, State of New York NEW YORK, NY 10038
No. 01HA4967184 Reference No : 3 - SBIN-705574
Qualified in NEW YORK
Commission Expires 08/02/2018
FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018
Form 07 - CORPORATION
IIIII II IIIII IIIIIII
P705574
SUBIN ASSOCIATES, LLP ROBERT C. LAKE
SUPREME COURT KINGS COUNTY STATE OF NEW YORK
ESTHER DIPILATO index No. 503889/2017
PLAINTIFF Date Filed
- vs - Office No. 25319
ANDREW SCIBELLI, ETAL Court Date.
DEFENDANT
STATE OF NEW YORK, COUNTY OF NEW YORK :SS:
JERRISSON PENA-NUNEZ being duly sworn, deposes and says; I am over 18 years of age, not a
party to this action, and reside in the State of New York. That on the 08TH day of MARCH,
2017 2:47PM at
601 UNION STREET
BROOKLYN NY 11215
I served a true copy of the NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC
FILING SUPREME COURT CASES, SUMMONS AND VERIFIED COMPLAINT
upon SJ FUEL CO. INC.
a domestic corporation, the DEFENDANT therein named by delivering to, and leaving personally
with
PETER DARCEL , CLERK AND GENERAL AGENT
a true copy of each thereof.
Deponent describes the person served as aforesaid to the best of deponent's ability at
the time and circumstances of the service as follows.
SEX: MALE COLOR: WHITE HAIR: BLACK/BALD
APP.AGE: 50 APP. HT: 5'7 APP. WT: 145
OTHER IDENTIFYING FEATURES
COMMENTS:
Sworn to before me this
09TH day o , 2017
. ..SSO
JEWCSSO1% PENA NONEZ DCA LIC 42033986
PM Legal
LISA M. HAGERMAN 75 MAIDEN LANE 11TH FLOOR 8
Notary Public, State of New York NEW YORK, NY 10038
No. 01HA4967184 Reference No: 3-SBIN-705574
Qualified in NEW YORK
Commission Expires 08/02/2018
FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018
INDEX NO. 503889/2017
KiNGS COUNTY CLERK 02/27/2017 03: 00 PM)
(RILED_:_
RECEIVED NYSCEF: 02/27/2017
NYSCEF DOC. NO. 1
A pp'
SUPREME COURT OF THE STATE OF NEW YORK 4006 3 o
COUNTY OF KINGS '9.c~~q
= = = = = = = = =
============================X Index No >„A
ESTHER DIPILATO, Date of P
SUMMONS
Plaintiff, Plaintiffdesignates
OAK"-IS
-against- u as theplace of trial
The basisofthe venue is:
ANDREW SCIBELLI, SJ FUEL CO. INC., ANTHONY Defendant's Residence
DIPILATO and ALFRED DOTTARIO JR., 601 Union Street
Brooklyn, New York, 11215
Defendants.
===========================X
To theabove named defendant(s):
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer, or, ifthe complaint isnot served with thissummons, to serve a
notice of appearance on the Plaintiffs Attorneys within 20 days afterthe service of this
summons exclusive of the day of service(or within 30 days after the service iscomplete if
this summons is notpersonally delivered to you within theState ofNew York); and in case of
your failureto appear or answer, judgment willbe taken againstyou by default for the relief
demanded herein.
Dated: New York, New York
November 14, 2016
SUBIN SSOCIATES LLP
BY:
BILIUI , ESQ.
Attorneys forPlaintiff
Address and Telephone Number
—23"
-23'd
150 Broadway F1
New York, New York 10038
(212) 285-3800
FILE NO.: 25319
Defendants Address:
ANDREW SCIBELLI SJ FUEL CO, INC.
45 Oceanside Avenue 601 Union Street
Staten Island, New York 10305 New York 11215
Brooklyn,
ANTHONY DIPILATO ALFRED DOTTARIO
1110 Woodrow Road
20 Samantha Lane
Staten Island, New York
Staten Island,New York
t
1 of 7
FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
===========================X Index No. j
ESTHER Dateof '<:~w
Purcu "u
DIPILATO,
SUMMONS
Plaintiff, Plaintiffdesignates
-against-
KinSS
County as theplace of trial
The basis of the venue is:
ANDREW SCIBELLI, SJ FUEL CO. INC., ANTHONY Defendant's Residence
DIPILATO and ALFRED DOTTARIO JR., 601 Union Street
Brooklyn, New York, 11215
Defendants.
——
===========================x
To the above named defendant(s):
YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to
serve a copy of your answer, or, ifthe complaint isnot served with this summons, to serve a
notice of appearance on the Plaintiffs Attorneys within 20 days aher the service of this
summons exclusive of the day of service (or within 30 days after the service is complete if
this summons isnot personally delivered to you within the State ofNew York); and incase of
your failureto appear or answer, judgment will be taken against you by default for the relief
demanded herein.
Dated: New York, New York
November 14, 2016
SUBIN SSOCIATES LLP
BY:
BILL it ÑHd,. ) ESQ.
Attorneys]for Plaintiff
I
Address arid TelephoneNumber
-23'd
—23'"
150 Broadway Fl
New York, New York 10038
(212)285-3800
FILE NO.: 25319
Defendants Address:
ANDREW SCIBELLI SJFUEL CO. INC.
45 Oceanside Avenue 601 Union Street
Staten Island, New York 10305 New York 11215
Brooklyn,
ANTHONY DIPILATO
ALFRED DOTTARIO
1110 Woodrow Road
20 Samantha Lane
Staten Island, New York
Staten Island,New York
FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
============================X
ESTHER DIPILATO,
Plaintiff, VERIFIED COMPLAINT
-against-
ANDREW SCIBELLI, SJ FUEL CO. INC., ANTHONY
DIPILATO and ALFRED DOTTARIO JR.,
Defendants.
============================X
Plaintiff,ESTHER DIPILATO, by her attorneys, SUBIN ASSOCIATES LLP,
complaining of the defendant herein, respectfullyshows to thiscourt and allegesas follows:
1. That at all times hereinafter alleged, ESTHER DIPILATO, was a passenger
in a motor vehicle bearing registration number GWV3117NY State.
2. That at allthe times hereinafter alleged, and upon information and belief,the
defendant, SJ FUEL CO. INC., was and stillis a domestic corporation organized and
existing under and by virtue of the laws of the State ofNew York.
3. That at alltimes hereinafter alleged, and upon information and belief, the
defendant, SJ FUEL CO., INC .,isthe registered owner a motor vehicle bearing registration
number CPH341I NY State.
4. That at allthe times hereinafter alleged, and upon information and belief,the
defendant, ANDREW SCIBELLI, operated a motor vehicle bearing registration number
CPH3411 NY State,
5. That at all times hereinafter alleged, and upon information and belief,the
defendant, SJ FUEL CO., INC., maintained the motor vehicle bearing registration number
CPH3411 NY State.
6. That at all times hereinafter alleged, and upon information and belief,the
defendant, SJ FUEL CO., INC., managed the motor vehicle bearing registration number
CPH3411 NY State.
FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018
7. That at all times hereinafter alleged, and upon information and belief, the
defendant, ANDREW SCIBELLI, controlled the motor vehicle bearing registration number
CPH3411 NY State.
8. That at all times hereinafter alleged, and upon information and belief, the
defendant, ANDREW SCIBELLI, operated a motor vehicle bearing registration number
CPH3411 NY State with the knowledge, permission and consent of defendant SJ FUEL CO.
INC.
9. That at all times hereinafter alleged, and upon information and belief,the
defendant, ANDREW SCIBELLI, controlled a motor vehicle bearing New York registration
number CPH3411 NY State with the knowledge, permission and consent of defendant SJ
FUEL CO. INC..
10. That at all times hereinafter alleged, and upon information and belief, the
defendant, ALFRED DOTTARIO JR, is the registered owner a motor vehicle bearing
registration number GWV3117 NY State.
11. That at allthe times hereinafter alleged, and upon information and belief,the
defendant, ANTHONY DIPILATO, operated a motor vehicle bearing registration number
GWV3117 NY State.
12. That at all times hereinafter alleged, and upon information and belief, the
defendant, ALFRED DOTARRIO JR, maintained the motor vehicle bearing registration
number GWV3117 NY State.
13. That at all times hereinafter alleged, and upon information and belief,the
defendant, ALFRED DOTTARIO JR, managed the motor vehicle bearing registration
number GWV3117 NY State,
14. That at all times hereinafter alleged, and upon information and belief,the
defendant, ANTHONY DIPILATO, controlled the motor vehicle bearing registration
number GWV3117 NY State,
I
I
I
FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018
15. That at all times hereinafter alleged, and upon information and belief, the
defendant, ANTHONY DIPILATO, operated a motor vehicle bearing registration number
GWV3117 NY State with the knowledge, permission and consent of defendant ALFRED
DOTTARIO JR.
16. That at alltimes hereinafter alleged, and upon information and belief, the
defendant, ANTHONY DIPILATO, controlled a motor vehicle bearing New York
registration number GWV3117 NY State with the knowledge, permission and consent of
defendant ALFRED DOTTARIO JR.
17. That at allof the times hereinafter mentioned, Benton Avenue at or near its
intersection with Jerome Avenue, in the County of Richmond, City and State of New York
was and stillisa public highway used extensively by the public in general.
18. That on 9/1/2016, at the aforesaid location, the aforesaid motor vehicles came
in contact one with the other.
19. That the aforesaid accident and injuries resulting therefrom were due solely
and wholly as a result of the careless, reckless and negligent manner in which the defendants
owned, operated, maintained, managed and controlled their motor vehicle without this
plaintiffin any way contributing thereto.
20. That by reason of the foregoing and the negligence of the defendants, the
plaintiff ESTHER DIPILATO, was severely injured, bruised and wounded, suffered, still
suffers and will continue to suffer for some time physical pain and bodily injuries and
became sick, sore,lame and disabled and so remained for a considerable length of time.
21. That by reason of the foregoing, the plaintiff, ESTHER DIPILATO, was
compelled to and did necessarily require medical aid and attention, and did necessarily pay
and become liabletherefore for medicines and upon information and belief,the plaintiffwill
necessarily incur similar expenses.
22, That by reason of the foregoing, the ESTHER
plaintiff, DIPILATO, has been
I
unable to attendto her usual occupation in themanner required.
FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018
23. That by reason of the wrongful, negligent and unlawful actions of the
defendants, as aforesaid, the plaintiff,ESTHER DIPILATO, sustained serious injuries as
defined in Section 5102 (d) of the Insurance Law of the State of New York, and has sustained
economic loss greater than basic economic loss as defined in Section 5102 of the said
Insurance Law,
24. That one or more of the exceptions of §1602 of the Civil Practice Law and
Rules applies to the within action.
25. That as a result of the foregoing, the plaintiff, ESTHER DIPILATO,
sustained damages in an amount that exceeds the jurisdictionallimits of the lower Courts.
WHEREFORE, plaintiff demands judgment against the defendant in an amount that
exceeds the jurisdictional limits of the lower Courts, all together with the costs and
disbursements of thisaction.
Dated: New York, New York
November 14, 2016
SUBIN ASSOCIATES LLP
BY:
BILLVIAÂ(É E, ESQ.
'laintiff'
Attorneys forPlaintiff
23rd
150 Broadway y Fl
New York, New York 10038
(212) 285-3800
FILE NO.: 25319
FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018
STATE OF NEW YORK)
) ss
COUNTY OF NEW YORK)
I,the undersigned, an attorney admitted to practice in the courts of New York State, state
under penalty of perjury that I am one of the attorneys for the plaintiff(s)in the within action;
I have read the foregoing SUMMONS AND COMPLAINT and know the contents thereof;
the same istrue to my own knowledge, except as tothe matters therein stated to be alleged on
information and belief, and as to those matters I believe to be true. The reason this
verification ismade by me and not by my client(s),isthat my client(s) are not presently in the
County where I maintain my offices. The grounds of my belief as to all matters not stated
upon my own knowledge are the materials in my file
and the investigations conducted by my
office.
Dated: New York, New York
November 14, 2016
C
ILL 8 I:, KSg.
t
FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018
Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
=================================
ESTHER DIPILATO,
Plaintiff,
-against-
ANDREW SCIBELLI, SJ FUEL CO. INC., ANTHONY DIPILATO and ALFRED
DOTTARIO JR.
Defendants.
SUMMONS AND VERIFIED COMPLAINT
==== ========= ================ =========
SUBIN ASSOCIATES
Attorneys for Plaintiff
Office and Post Office Address, Telephone
- 23'd
150 Broadway Fl
New York, New York 10038
(212) 285-3800
File No„25319
I
t
Preview
FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018 FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018 Fom 07 - COB OM ON II II III P705574 SUBIN ASSOCIATES, LLP ROBERT C. LAKE SUPREME COURT KINGS COUNTY STATE OF NEW YORK ESTHER DIPILATO index No. 503889/2017 PLAINTIFF Date Filed - vs - Office No. 25319 ANDREW SCIBELLI, ETAL Court Date. DEFENDANT STATE OF NEW YORK, COUNTY OF NEW YORK .' :SS: JERRISSON PENA-NUNEZ being duly sworn, deposes and says; I am over 18 years of age, not a party to this action, and reside in the State of New York. That on the 08TH day of MARCH, 2017 2:47PM at 601 UNION STREET BROOKLYN NY 11215 served a true copy of the NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING SUPREME COURT CASES , SUMMONS AND VERIFIED COMPLAINT upon SJ FUEL CO. INC, a domestic corporation, the DEFENDANT therein named by delivering to, and leaving personally with PETER DARCEL , CLERK AND GENERAL AGENT a true copy of each thereof. Deponent describes the person served as aforesaid to the best of deponent's ability at the time and circumstances of the service as follows. SEX: MALE COLOR: WHITE HAIR: BLACK/BALD APP.AGE: 50 APP. HT: 5'7 APP. WT: 145 OTHER IDENTIFYING FEATURES COMMENTS: Sworn to before me this 09TH day of MARCH, 2017 I J RISTO UNÊ DCA LIC 52033986 PM Legal LISA M. HAGERMAN 75 MAIDEN LANE 11TH FLOOR 6 Notary Public, State of New York NEW YORK, NY 10038 No. 01HA4967184 Reference No : 3 - SBIN-705574 Qualified in NEW YORK Commission Expires 08/02/2018 FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018 Form 07 - CORPORATION IIIII II IIIII IIIIIII P705574 SUBIN ASSOCIATES, LLP ROBERT C. LAKE SUPREME COURT KINGS COUNTY STATE OF NEW YORK ESTHER DIPILATO index No. 503889/2017 PLAINTIFF Date Filed - vs - Office No. 25319 ANDREW SCIBELLI, ETAL Court Date. DEFENDANT STATE OF NEW YORK, COUNTY OF NEW YORK :SS: JERRISSON PENA-NUNEZ being duly sworn, deposes and says; I am over 18 years of age, not a party to this action, and reside in the State of New York. That on the 08TH day of MARCH, 2017 2:47PM at 601 UNION STREET BROOKLYN NY 11215 I served a true copy of the NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING SUPREME COURT CASES, SUMMONS AND VERIFIED COMPLAINT upon SJ FUEL CO. INC. a domestic corporation, the DEFENDANT therein named by delivering to, and leaving personally with PETER DARCEL , CLERK AND GENERAL AGENT a true copy of each thereof. Deponent describes the person served as aforesaid to the best of deponent's ability at the time and circumstances of the service as follows. SEX: MALE COLOR: WHITE HAIR: BLACK/BALD APP.AGE: 50 APP. HT: 5'7 APP. WT: 145 OTHER IDENTIFYING FEATURES COMMENTS: Sworn to before me this 09TH day o , 2017 . ..SSO JEWCSSO1% PENA NONEZ DCA LIC 42033986 PM Legal LISA M. HAGERMAN 75 MAIDEN LANE 11TH FLOOR 8 Notary Public, State of New York NEW YORK, NY 10038 No. 01HA4967184 Reference No: 3-SBIN-705574 Qualified in NEW YORK Commission Expires 08/02/2018 FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018 INDEX NO. 503889/2017 KiNGS COUNTY CLERK 02/27/2017 03: 00 PM) (RILED_:_ RECEIVED NYSCEF: 02/27/2017 NYSCEF DOC. NO. 1 A pp' SUPREME COURT OF THE STATE OF NEW YORK 4006 3 o COUNTY OF KINGS '9.c~~q = = = = = = = = = ============================X Index No >„A ESTHER DIPILATO, Date of P SUMMONS Plaintiff, Plaintiffdesignates OAK"-IS -against- u as theplace of trial The basisofthe venue is: ANDREW SCIBELLI, SJ FUEL CO. INC., ANTHONY Defendant's Residence DIPILATO and ALFRED DOTTARIO JR., 601 Union Street Brooklyn, New York, 11215 Defendants. ===========================X To theabove named defendant(s): YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, ifthe complaint isnot served with thissummons, to serve a notice of appearance on the Plaintiffs Attorneys within 20 days afterthe service of this summons exclusive of the day of service(or within 30 days after the service iscomplete if this summons is notpersonally delivered to you within theState ofNew York); and in case of your failureto appear or answer, judgment willbe taken againstyou by default for the relief demanded herein. Dated: New York, New York November 14, 2016 SUBIN SSOCIATES LLP BY: BILIUI , ESQ. Attorneys forPlaintiff Address and Telephone Number —23" -23'd 150 Broadway F1 New York, New York 10038 (212) 285-3800 FILE NO.: 25319 Defendants Address: ANDREW SCIBELLI SJ FUEL CO, INC. 45 Oceanside Avenue 601 Union Street Staten Island, New York 10305 New York 11215 Brooklyn, ANTHONY DIPILATO ALFRED DOTTARIO 1110 Woodrow Road 20 Samantha Lane Staten Island, New York Staten Island,New York t 1 of 7 FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ===========================X Index No. j ESTHER Dateof '<:~w Purcu "u DIPILATO, SUMMONS Plaintiff, Plaintiffdesignates -against- KinSS County as theplace of trial The basis of the venue is: ANDREW SCIBELLI, SJ FUEL CO. INC., ANTHONY Defendant's Residence DIPILATO and ALFRED DOTTARIO JR., 601 Union Street Brooklyn, New York, 11215 Defendants. —— ===========================x To the above named defendant(s): YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of your answer, or, ifthe complaint isnot served with this summons, to serve a notice of appearance on the Plaintiffs Attorneys within 20 days aher the service of this summons exclusive of the day of service (or within 30 days after the service is complete if this summons isnot personally delivered to you within the State ofNew York); and incase of your failureto appear or answer, judgment will be taken against you by default for the relief demanded herein. Dated: New York, New York November 14, 2016 SUBIN SSOCIATES LLP BY: BILL it ÑHd,. ) ESQ. Attorneys]for Plaintiff I Address arid TelephoneNumber -23'd —23'" 150 Broadway Fl New York, New York 10038 (212)285-3800 FILE NO.: 25319 Defendants Address: ANDREW SCIBELLI SJFUEL CO. INC. 45 Oceanside Avenue 601 Union Street Staten Island, New York 10305 New York 11215 Brooklyn, ANTHONY DIPILATO ALFRED DOTTARIO 1110 Woodrow Road 20 Samantha Lane Staten Island, New York Staten Island,New York FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ============================X ESTHER DIPILATO, Plaintiff, VERIFIED COMPLAINT -against- ANDREW SCIBELLI, SJ FUEL CO. INC., ANTHONY DIPILATO and ALFRED DOTTARIO JR., Defendants. ============================X Plaintiff,ESTHER DIPILATO, by her attorneys, SUBIN ASSOCIATES LLP, complaining of the defendant herein, respectfullyshows to thiscourt and allegesas follows: 1. That at all times hereinafter alleged, ESTHER DIPILATO, was a passenger in a motor vehicle bearing registration number GWV3117NY State. 2. That at allthe times hereinafter alleged, and upon information and belief,the defendant, SJ FUEL CO. INC., was and stillis a domestic corporation organized and existing under and by virtue of the laws of the State ofNew York. 3. That at alltimes hereinafter alleged, and upon information and belief, the defendant, SJ FUEL CO., INC .,isthe registered owner a motor vehicle bearing registration number CPH341I NY State. 4. That at allthe times hereinafter alleged, and upon information and belief,the defendant, ANDREW SCIBELLI, operated a motor vehicle bearing registration number CPH3411 NY State, 5. That at all times hereinafter alleged, and upon information and belief,the defendant, SJ FUEL CO., INC., maintained the motor vehicle bearing registration number CPH3411 NY State. 6. That at all times hereinafter alleged, and upon information and belief,the defendant, SJ FUEL CO., INC., managed the motor vehicle bearing registration number CPH3411 NY State. FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018 7. That at all times hereinafter alleged, and upon information and belief, the defendant, ANDREW SCIBELLI, controlled the motor vehicle bearing registration number CPH3411 NY State. 8. That at all times hereinafter alleged, and upon information and belief, the defendant, ANDREW SCIBELLI, operated a motor vehicle bearing registration number CPH3411 NY State with the knowledge, permission and consent of defendant SJ FUEL CO. INC. 9. That at all times hereinafter alleged, and upon information and belief,the defendant, ANDREW SCIBELLI, controlled a motor vehicle bearing New York registration number CPH3411 NY State with the knowledge, permission and consent of defendant SJ FUEL CO. INC.. 10. That at all times hereinafter alleged, and upon information and belief, the defendant, ALFRED DOTTARIO JR, is the registered owner a motor vehicle bearing registration number GWV3117 NY State. 11. That at allthe times hereinafter alleged, and upon information and belief,the defendant, ANTHONY DIPILATO, operated a motor vehicle bearing registration number GWV3117 NY State. 12. That at all times hereinafter alleged, and upon information and belief, the defendant, ALFRED DOTARRIO JR, maintained the motor vehicle bearing registration number GWV3117 NY State. 13. That at all times hereinafter alleged, and upon information and belief,the defendant, ALFRED DOTTARIO JR, managed the motor vehicle bearing registration number GWV3117 NY State, 14. That at all times hereinafter alleged, and upon information and belief,the defendant, ANTHONY DIPILATO, controlled the motor vehicle bearing registration number GWV3117 NY State, I I I FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018 15. That at all times hereinafter alleged, and upon information and belief, the defendant, ANTHONY DIPILATO, operated a motor vehicle bearing registration number GWV3117 NY State with the knowledge, permission and consent of defendant ALFRED DOTTARIO JR. 16. That at alltimes hereinafter alleged, and upon information and belief, the defendant, ANTHONY DIPILATO, controlled a motor vehicle bearing New York registration number GWV3117 NY State with the knowledge, permission and consent of defendant ALFRED DOTTARIO JR. 17. That at allof the times hereinafter mentioned, Benton Avenue at or near its intersection with Jerome Avenue, in the County of Richmond, City and State of New York was and stillisa public highway used extensively by the public in general. 18. That on 9/1/2016, at the aforesaid location, the aforesaid motor vehicles came in contact one with the other. 19. That the aforesaid accident and injuries resulting therefrom were due solely and wholly as a result of the careless, reckless and negligent manner in which the defendants owned, operated, maintained, managed and controlled their motor vehicle without this plaintiffin any way contributing thereto. 20. That by reason of the foregoing and the negligence of the defendants, the plaintiff ESTHER DIPILATO, was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore,lame and disabled and so remained for a considerable length of time. 21. That by reason of the foregoing, the plaintiff, ESTHER DIPILATO, was compelled to and did necessarily require medical aid and attention, and did necessarily pay and become liabletherefore for medicines and upon information and belief,the plaintiffwill necessarily incur similar expenses. 22, That by reason of the foregoing, the ESTHER plaintiff, DIPILATO, has been I unable to attendto her usual occupation in themanner required. FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018 23. That by reason of the wrongful, negligent and unlawful actions of the defendants, as aforesaid, the plaintiff,ESTHER DIPILATO, sustained serious injuries as defined in Section 5102 (d) of the Insurance Law of the State of New York, and has sustained economic loss greater than basic economic loss as defined in Section 5102 of the said Insurance Law, 24. That one or more of the exceptions of §1602 of the Civil Practice Law and Rules applies to the within action. 25. That as a result of the foregoing, the plaintiff, ESTHER DIPILATO, sustained damages in an amount that exceeds the jurisdictionallimits of the lower Courts. WHEREFORE, plaintiff demands judgment against the defendant in an amount that exceeds the jurisdictional limits of the lower Courts, all together with the costs and disbursements of thisaction. Dated: New York, New York November 14, 2016 SUBIN ASSOCIATES LLP BY: BILLVIAÂ(É E, ESQ. 'laintiff' Attorneys forPlaintiff 23rd 150 Broadway y Fl New York, New York 10038 (212) 285-3800 FILE NO.: 25319 FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018 STATE OF NEW YORK) ) ss COUNTY OF NEW YORK) I,the undersigned, an attorney admitted to practice in the courts of New York State, state under penalty of perjury that I am one of the attorneys for the plaintiff(s)in the within action; I have read the foregoing SUMMONS AND COMPLAINT and know the contents thereof; the same istrue to my own knowledge, except as tothe matters therein stated to be alleged on information and belief, and as to those matters I believe to be true. The reason this verification ismade by me and not by my client(s),isthat my client(s) are not presently in the County where I maintain my offices. The grounds of my belief as to all matters not stated upon my own knowledge are the materials in my file and the investigations conducted by my office. Dated: New York, New York November 14, 2016 C ILL 8 I:, KSg. t FILED: KINGS COUNTY CLERK 08/01/2018 07:27 PM INDEX NO. 503889/2017 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 08/01/2018 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ================================= ESTHER DIPILATO, Plaintiff, -against- ANDREW SCIBELLI, SJ FUEL CO. INC., ANTHONY DIPILATO and ALFRED DOTTARIO JR. Defendants. SUMMONS AND VERIFIED COMPLAINT ==== ========= ================ ========= SUBIN ASSOCIATES Attorneys for Plaintiff Office and Post Office Address, Telephone - 23'd 150 Broadway Fl New York, New York 10038 (212) 285-3800 File No„25319 I t