Preview
FILED: HERKIMER COUNTY CLERK 06/15/2022 11:53 AM INDEX NO. EF2022-109534
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/15/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF HERKIMER INDEX NO.:
X
Date Purchased: '
MICHAEL M.LYON and SHERIE L. LYON, Plaintiffs Designate:
OneidaCounty as the
Plaintiffs, Place of Trial
The Basis ofthe Venue is
vs. CPLR
STERLING INSURANCE COMPANY, SUMMONS
Defendant. Plaintiffs reside in County of
-X Herkimer, State of New York
TO THE ABOVE-NAMED DEFENDANT:
STERLING INSURANCE COMPANY
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 within 20 days after the service of this summons,
exclusive ofthe 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 relief demanded in the
complaint.
Dated: June i^ ,2022
Gustave J.lSeTragl^, Jr(, Esq.
Attorneyfor the Plaintiffs
DETRAGLIA LAW OFFICE
1425 Genesee Street
Utica, New York 13501
Telephone: 315-738-1133
TO: Sterling Insurance Company
182 Bamerville Road
Cobleskill, N.Y. 12043
1 of 7
FILED: HERKIMER COUNTY CLERK 06/15/2022 11:53 AM INDEX NO. EF2022-109534
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/15/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF HERKIMER
_______-----------------------------________--_ _____---------------Ç
MICHAEL M. LYON and SHERIE L. LYON,
Plaintiffs,
COMPLAINT
vs.
3
STERLING INSURANCE COMPANY,
Defendant.
______----------------------------_______-_ ___--..------_
____-_______Ç
The Plaintiffs, by and through their attorney, Gustave J. DeTraglia, Jr., Esq., respectfully
show to this Court and sets forth as follows:
1. That the Plaintiffs at all times hereinafter mentioned, were and still are residents of
the County of Herkimer and State ofNew York.
2. That upon information and belief, and at all times hereinafter mentioned, the
Defendant, Sterling Insurance Company, was and still is a property and casualty
insurance company duly organized, existing and incorporated under and by the virtue
of the laws of the State of New York, and at all times herein mentioned was
authorized to do business in the State of New York.
3. That at all times herein after mentioned, Defendant, Sterling Insurance Company,
issued its policy of insurance to the Plaintiffs herein covering property at 9 West
Timmerman Street, Dolgeville, New York 13329, under policy number SH05027631.
6"'
4. That on or about the day of April, 2022, while the policy was in full force and
Plaintiffs'
effect, there was a fire at the premises which caused to damage to the
house and its contents, and caused the Plaintiffs to incur debris removal and other
2
2 of 7
FILED: HERKIMER COUNTY CLERK 06/15/2022 11:53 AM INDEX NO. EF2022-109534
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/15/2022
damages, in the approximate sum of $100,000.00, or the appropriate amount to be
determined by the Court.
Plaintiffs'
5. That as a direct result of the fire damage to house and contents, the
Plaintiffs have damages still outstanding, in the sum of $100,000.00, plus interest,
costs and debris removal, or for such other, further and different amount as may be
determined by the Court.
6. That at all times herein mentioned, the Plaintiffs had an insurable interest in the
aforesaid property as the owner thereof.
7. That immediately after the loss, the Plaintiffs gave proper notice of the damage to the
Defendant, Sterling Insurance Company.
8. That the Plaintiffs have fully performed all of the terms and conditions required under
the policy of insurance.
9. That the Defendant, Sterling Insurance Company, failed and refused to comply with
the requirements of the policy of insurance with regard to the building and contents
and to the contrary have breached said policy, in that said Defendant, Sterling
Insurance Company, has failed and has refused to pay the full amount due and owing
to the Plaintiffs for their damages, leaving a balance due and owing to the Plaintiffs
for the approximate sum of $100,000.00, or the appropriate amount to be determined
by the Court.
10. That this action has been commenced within two years from the time of the loss.
11. That by reason of the foregoing, the Defendant, Sterling Insurance Company, is now
indebted to the Plaintiffs for $100,000.00, plus any additional damages available
3
3 of 7
FILED: HERKIMER COUNTY CLERK 06/15/2022 11:53 AM INDEX NO. EF2022-109534
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/15/2022
under the policy of insurance or the appropriate amount to be determined by the court
plus interest and costs.
WHEREFORE, Plaintiffs demand judgment against the Defendant, Sterling Insurance
Company, on the first cause of action, in the sum of $100,000.00 plus interest and costs, or an
appropriate amount to be determined by the Court, together with disbursements and such other,
further and different relief to which the Plaintiffs may be entitled in law or in equity, together
with all incidental and consequential damages as a result of the Defendant's breach of a good
faith duty to fairly and accurately resolve all claims, and in the further alternative for an Order
Plaintiffs'
declaring that the Defendant must cover the loss, and for an Order referring the above
entitled matter for the appraisal method to determine damages, together with such other further
and different relief as to the Court may seem just and proper.
Dated: June , 2022
radiE¢. , /
stave J. De aglia J/ , Est.
Attorney for the Plain iffs
DETRAGLIA LAW OFFICE
1425 Genesee Street
Utica, New York 13501
Telephone: 315-738-1133
4
4 of 7
FILED: HERKIMER COUNTY CLERK 06/15/2022 11:53 AM INDEX NO. EF2022-109534
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/15/2022
ATTORNEY CERTIFICATION
I, GUSTAVE J. DETRAGLIA, JR., ESQ., HEREBY CERTIFY, under penalty of
perjury, that I have no actual knowledge that the substance of any statements of fact contained in
the annexed document are false. This Certification is based solely and upon
exclusively
information provided by the client, and upon the client's information is not false and is not based
upon any review, audit, examination, inquiry or investigation made by the undersigned attorney, or
by anyone acting on behalf of said attorney.
PLEASE TAKE NOTICE that this Certification is made by the attorney as an officer of
the Court and is directed solely and exclusively to the Court in accordance with 22 NYCRR
202.16(e) and is expressly not directed or extended to the opposing party herein.
PLEASE TAKE FURTHER NOTICE that the opposing party may not and should not
rely upon this Attorney Certification in assessing the truth or validity of the information contained
in the annexed document. The credibility of this submission is no greater than the credibility of the
client represented by the undersigned attorney and the opposing party should give this document
no greater credence merely because itbear this Attorney Certification.
Dated: June , 2022
Gustave J. DeTraglia Jr., Es .
5
5 of 7
FILED: HERKIMER COUNTY CLERK 06/15/2022 11:53 AM INDEX NO. EF2022-109534
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/15/2022
CLIENT CERTIFICATION
We, MICHAEL M. LYON and SHERIE L. LYON, DO HEREBY CERTIFY, under
penalty of perjury, that we have carefully read and reviewed the annexed SUMMONS AND
COMPLAINT, and that all information contained in such document is true and accurate in all
respects to the best of our knowledge and understanding.
WE FURTHER CERTIFY, under penalty of perjury, that neither my attorney, nor
anyone acting on our attorney's behalf, was the source of any of the information contained in the
annexed document; that we provided all of the information contained in the annexed document to
my attorney; and that we understand that my attorney, in executing the Attorney Certification
required by 22 NYCRR 202.16(e) is relying entirely upon the information provided by me and
upon my certification that all such information is true and accurate.
WE FURTHER CERTIFY, that the annexed document included all information which I
have provided to my attorney which is relevant to such document and that my attomey has not
deleted, omitted or excluded any such information.
Dated: f . , 2022
HAEL M. LYON
sHERIE L. LYON
STATE OF NEW YORK )
COUNTY OF ONEIDA ) ss.:
We, MICHAEL M. LYON and SHERIE L. LYON, being duly sworn deposes and says:
We are the Plaintiffs in the action herein; We have read the annexed SUMMONS AND
COMPLAINT and know the contents thereof and the same is true to our knowledge, except those
matters therein which are stated to be alleged on information and belief, and as to those matters
believe them to be true.
MICHAEL M. YON
RIE L. LYON
Swo o before me this day of
, 2022.
Notary Public
M mmission Exp
GUSTAVE J. DE TRAGUA. JR
Stateof New Yoü
Notary Public,
Beg. No. 02DE4527463
Appointed in Oneida Count
Commission Expnes 1/31 2r
My
6 of 7
.
FILED: HERKIMER COUNTY CLERK 06/15/2022 11:53 AM INDEX NO. EF2022-109534
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/15/2022
.
. T . . . ^ . C.
- -- " a
a -
7 of 7
Preview
FILED: HERKIMER COUNTY CLERK 06/15/2022 11:53 AM INDEX NO. EF2022-109534 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/15/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF HERKIMER INDEX NO.: X Date Purchased: ' MICHAEL M.LYON and SHERIE L. LYON, Plaintiffs Designate: OneidaCounty as the Plaintiffs, Place of Trial The Basis ofthe Venue is vs. CPLR STERLING INSURANCE COMPANY, SUMMONS Defendant. Plaintiffs reside in County of -X Herkimer, State of New York TO THE ABOVE-NAMED DEFENDANT: STERLING INSURANCE COMPANY 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 within 20 days after the service of this summons, exclusive ofthe 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 relief demanded in the complaint. Dated: June i^ ,2022 Gustave J.lSeTragl^, Jr(, Esq. Attorneyfor the Plaintiffs DETRAGLIA LAW OFFICE 1425 Genesee Street Utica, New York 13501 Telephone: 315-738-1133 TO: Sterling Insurance Company 182 Bamerville Road Cobleskill, N.Y. 12043 1 of 7 FILED: HERKIMER COUNTY CLERK 06/15/2022 11:53 AM INDEX NO. EF2022-109534 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/15/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF HERKIMER _______-----------------------------________--_ _____---------------Ç MICHAEL M. LYON and SHERIE L. LYON, Plaintiffs, COMPLAINT vs. 3 STERLING INSURANCE COMPANY, Defendant. ______----------------------------_______-_ ___--..------_ ____-_______Ç The Plaintiffs, by and through their attorney, Gustave J. DeTraglia, Jr., Esq., respectfully show to this Court and sets forth as follows: 1. That the Plaintiffs at all times hereinafter mentioned, were and still are residents of the County of Herkimer and State ofNew York. 2. That upon information and belief, and at all times hereinafter mentioned, the Defendant, Sterling Insurance Company, was and still is a property and casualty insurance company duly organized, existing and incorporated under and by the virtue of the laws of the State of New York, and at all times herein mentioned was authorized to do business in the State of New York. 3. That at all times herein after mentioned, Defendant, Sterling Insurance Company, issued its policy of insurance to the Plaintiffs herein covering property at 9 West Timmerman Street, Dolgeville, New York 13329, under policy number SH05027631. 6"' 4. That on or about the day of April, 2022, while the policy was in full force and Plaintiffs' effect, there was a fire at the premises which caused to damage to the house and its contents, and caused the Plaintiffs to incur debris removal and other 2 2 of 7 FILED: HERKIMER COUNTY CLERK 06/15/2022 11:53 AM INDEX NO. EF2022-109534 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/15/2022 damages, in the approximate sum of $100,000.00, or the appropriate amount to be determined by the Court. Plaintiffs' 5. That as a direct result of the fire damage to house and contents, the Plaintiffs have damages still outstanding, in the sum of $100,000.00, plus interest, costs and debris removal, or for such other, further and different amount as may be determined by the Court. 6. That at all times herein mentioned, the Plaintiffs had an insurable interest in the aforesaid property as the owner thereof. 7. That immediately after the loss, the Plaintiffs gave proper notice of the damage to the Defendant, Sterling Insurance Company. 8. That the Plaintiffs have fully performed all of the terms and conditions required under the policy of insurance. 9. That the Defendant, Sterling Insurance Company, failed and refused to comply with the requirements of the policy of insurance with regard to the building and contents and to the contrary have breached said policy, in that said Defendant, Sterling Insurance Company, has failed and has refused to pay the full amount due and owing to the Plaintiffs for their damages, leaving a balance due and owing to the Plaintiffs for the approximate sum of $100,000.00, or the appropriate amount to be determined by the Court. 10. That this action has been commenced within two years from the time of the loss. 11. That by reason of the foregoing, the Defendant, Sterling Insurance Company, is now indebted to the Plaintiffs for $100,000.00, plus any additional damages available 3 3 of 7 FILED: HERKIMER COUNTY CLERK 06/15/2022 11:53 AM INDEX NO. EF2022-109534 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/15/2022 under the policy of insurance or the appropriate amount to be determined by the court plus interest and costs. WHEREFORE, Plaintiffs demand judgment against the Defendant, Sterling Insurance Company, on the first cause of action, in the sum of $100,000.00 plus interest and costs, or an appropriate amount to be determined by the Court, together with disbursements and such other, further and different relief to which the Plaintiffs may be entitled in law or in equity, together with all incidental and consequential damages as a result of the Defendant's breach of a good faith duty to fairly and accurately resolve all claims, and in the further alternative for an Order Plaintiffs' declaring that the Defendant must cover the loss, and for an Order referring the above entitled matter for the appraisal method to determine damages, together with such other further and different relief as to the Court may seem just and proper. Dated: June , 2022 radiE¢. , / stave J. De aglia J/ , Est. Attorney for the Plain iffs DETRAGLIA LAW OFFICE 1425 Genesee Street Utica, New York 13501 Telephone: 315-738-1133 4 4 of 7 FILED: HERKIMER COUNTY CLERK 06/15/2022 11:53 AM INDEX NO. EF2022-109534 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/15/2022 ATTORNEY CERTIFICATION I, GUSTAVE J. DETRAGLIA, JR., ESQ., HEREBY CERTIFY, under penalty of perjury, that I have no actual knowledge that the substance of any statements of fact contained in the annexed document are false. This Certification is based solely and upon exclusively information provided by the client, and upon the client's information is not false and is not based upon any review, audit, examination, inquiry or investigation made by the undersigned attorney, or by anyone acting on behalf of said attorney. PLEASE TAKE NOTICE that this Certification is made by the attorney as an officer of the Court and is directed solely and exclusively to the Court in accordance with 22 NYCRR 202.16(e) and is expressly not directed or extended to the opposing party herein. PLEASE TAKE FURTHER NOTICE that the opposing party may not and should not rely upon this Attorney Certification in assessing the truth or validity of the information contained in the annexed document. The credibility of this submission is no greater than the credibility of the client represented by the undersigned attorney and the opposing party should give this document no greater credence merely because itbear this Attorney Certification. Dated: June , 2022 Gustave J. DeTraglia Jr., Es . 5 5 of 7 FILED: HERKIMER COUNTY CLERK 06/15/2022 11:53 AM INDEX NO. EF2022-109534 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/15/2022 CLIENT CERTIFICATION We, MICHAEL M. LYON and SHERIE L. LYON, DO HEREBY CERTIFY, under penalty of perjury, that we have carefully read and reviewed the annexed SUMMONS AND COMPLAINT, and that all information contained in such document is true and accurate in all respects to the best of our knowledge and understanding. WE FURTHER CERTIFY, under penalty of perjury, that neither my attorney, nor anyone acting on our attorney's behalf, was the source of any of the information contained in the annexed document; that we provided all of the information contained in the annexed document to my attorney; and that we understand that my attorney, in executing the Attorney Certification required by 22 NYCRR 202.16(e) is relying entirely upon the information provided by me and upon my certification that all such information is true and accurate. WE FURTHER CERTIFY, that the annexed document included all information which I have provided to my attorney which is relevant to such document and that my attomey has not deleted, omitted or excluded any such information. Dated: f . , 2022 HAEL M. LYON sHERIE L. LYON STATE OF NEW YORK ) COUNTY OF ONEIDA ) ss.: We, MICHAEL M. LYON and SHERIE L. LYON, being duly sworn deposes and says: We are the Plaintiffs in the action herein; We have read the annexed SUMMONS AND COMPLAINT and know the contents thereof and the same is true to our knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters believe them to be true. MICHAEL M. YON RIE L. LYON Swo o before me this day of , 2022. Notary Public M mmission Exp GUSTAVE J. DE TRAGUA. JR Stateof New Yoü Notary Public, Beg. No. 02DE4527463 Appointed in Oneida Count Commission Expnes 1/31 2r My 6 of 7 . FILED: HERKIMER COUNTY CLERK 06/15/2022 11:53 AM INDEX NO. EF2022-109534 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/15/2022 . . T . . . ^ . C. - -- " a a - 7 of 7