On October 25, 2017 a
Motion-Secondary
was filed
involving a dispute between
Leonard C Lewis,
and
Alton A Ellis,
Luther M Rufus,
for Torts - Motor Vehicle
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/21/2018
SUPREME COURT OF THE. STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------X
LEONARD C. LEWIS, AFFIRMATION IN
Plaintiff SUPPORT
-against-
Index # 520719/2017
ALTON A. ELLIS and LUTHER M. RUFUS
Defendants
--------------------------------------X
IRA ROGOWSKY an attorney duly authorized to practice law before the
courts of the state of New York, hereby affirms the following to be
true under the penalties of perjury:
1. That I am a member of the firm of 3ARMON, LINDER & ROGOWSKY the
attorneys of record for the plaintiff herein, and as such, I am
fully familiar with the facts and circumstances surrounding this
. .
matter.
2. I submit this affirmation in support of plaintiff's motion
requesting that this court grant plaintiff a default judgment against
ALTON A. ELLIS the named defendant, upon their failure in answering
"A"
the complaint. Exhibit is a plaintiff LEONARD C. LEWIS's affidavit
in support of this motion.
3. This is an action for severe personal injuries sustained by the
Plaintiff LEONARD C. LEWIS as a result o:i an automobile accident
occurred on on 2215t Street at or near its
which April 29, 2017,
intersection with Springfield Lane, in the County of Queens, City and
State of New York, when the vehicle driven and owned by the
defendant LUTHER M. RUFUS collided with the vehicle driven by the
defendant ALTON A. ELLIS. At the time of the accident, Plaintiff
LEONARD C. LEWIS was a passenger in a vehicle op.erated and owned by
"B" of the
the defendant LUTHER M. RUFUS. Exhibit is a copy
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FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/21/2018
Police Report.
4. On October 23, 2017 your affirmant commenced suit in this
action via filing summons and complaint in this court. Annexed as
"C"
Exhibit is a copy of the summons and complaint. Service of the
summons and complaint upon the all defendants was obtained in
with the CPLR. Exhibit "D" is a of the all affidavits
conformity copy
of service.
5. Affidavits of service were duly filed with the clerk of this
court within the time required by Law. Defendants have 20 days from
the date of service to join issue and servs an Answer. To date this
office has only receipt an Answer from the defendant LUTHER M. RUFUS.
Exhibit "E" is a copy of the Answer.
6. To date defendant ALTON A. ELLIS herein ,has not interposed
any appearance or answer in this action, and at the time to do so has
expired.
7. Thus, plaintiff respectfully requests that a default judgment
be entered against defendant ALTON A. ELLIS pursuant to CPLR 3215
(a) & (b), that this matter be set down for an inquest and
assessment of damages in favor of the plaintiff and against
defendant.
WHEREFORE, it is respectfully requested that plaintiff's motion be
granted in its entirety.
Dated: New York, New York
DECEMBER 21, 2018.
-----.....------------
IRA ROGOWSKY
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FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/21/2018
To: RICHARD T. LAU & ASSOCIATES
Attorney for defendant
LUTHER M. RFUS
PO BOX 9040
300 Jericho Quadrangle Suite 260
Jericho, NY 11753
516-229-6000
LAW OFFICE OFMORRIS E. BARENBAUM
Personal Counsel for
LUTHER M. RUFUS
1100 Coney Island Ave.
Suite 411
Brooklyn, NY 11230
718-252-8600
COUNTRYWIDE INS.
40 Wall ST.
New York, NY 10005
Ins. Alton Ellis
Claim # 326386
By certified mail return receipt requested
To: ALTON A. ELLIS
145-74 221 Street
Queens, NY 11413
Def.
sy
3 of 3
Preview
FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/21/2018 SUPREME COURT OF THE. STATE OF NEW YORK COUNTY OF KINGS --------------------------------------X LEONARD C. LEWIS, AFFIRMATION IN Plaintiff SUPPORT -against- Index # 520719/2017 ALTON A. ELLIS and LUTHER M. RUFUS Defendants --------------------------------------X IRA ROGOWSKY an attorney duly authorized to practice law before the courts of the state of New York, hereby affirms the following to be true under the penalties of perjury: 1. That I am a member of the firm of 3ARMON, LINDER & ROGOWSKY the attorneys of record for the plaintiff herein, and as such, I am fully familiar with the facts and circumstances surrounding this . . matter. 2. I submit this affirmation in support of plaintiff's motion requesting that this court grant plaintiff a default judgment against ALTON A. ELLIS the named defendant, upon their failure in answering "A" the complaint. Exhibit is a plaintiff LEONARD C. LEWIS's affidavit in support of this motion. 3. This is an action for severe personal injuries sustained by the Plaintiff LEONARD C. LEWIS as a result o:i an automobile accident occurred on on 2215t Street at or near its which April 29, 2017, intersection with Springfield Lane, in the County of Queens, City and State of New York, when the vehicle driven and owned by the defendant LUTHER M. RUFUS collided with the vehicle driven by the defendant ALTON A. ELLIS. At the time of the accident, Plaintiff LEONARD C. LEWIS was a passenger in a vehicle op.erated and owned by "B" of the the defendant LUTHER M. RUFUS. Exhibit is a copy 1 of 3 FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/21/2018 Police Report. 4. On October 23, 2017 your affirmant commenced suit in this action via filing summons and complaint in this court. Annexed as "C" Exhibit is a copy of the summons and complaint. Service of the summons and complaint upon the all defendants was obtained in with the CPLR. Exhibit "D" is a of the all affidavits conformity copy of service. 5. Affidavits of service were duly filed with the clerk of this court within the time required by Law. Defendants have 20 days from the date of service to join issue and servs an Answer. To date this office has only receipt an Answer from the defendant LUTHER M. RUFUS. Exhibit "E" is a copy of the Answer. 6. To date defendant ALTON A. ELLIS herein ,has not interposed any appearance or answer in this action, and at the time to do so has expired. 7. Thus, plaintiff respectfully requests that a default judgment be entered against defendant ALTON A. ELLIS pursuant to CPLR 3215 (a) & (b), that this matter be set down for an inquest and assessment of damages in favor of the plaintiff and against defendant. WHEREFORE, it is respectfully requested that plaintiff's motion be granted in its entirety. Dated: New York, New York DECEMBER 21, 2018. -----.....------------ IRA ROGOWSKY 2 of 3 FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/21/2018 To: RICHARD T. LAU & ASSOCIATES Attorney for defendant LUTHER M. RFUS PO BOX 9040 300 Jericho Quadrangle Suite 260 Jericho, NY 11753 516-229-6000 LAW OFFICE OFMORRIS E. BARENBAUM Personal Counsel for LUTHER M. RUFUS 1100 Coney Island Ave. Suite 411 Brooklyn, NY 11230 718-252-8600 COUNTRYWIDE INS. 40 Wall ST. New York, NY 10005 Ins. Alton Ellis Claim # 326386 By certified mail return receipt requested To: ALTON A. ELLIS 145-74 221 Street Queens, NY 11413 Def. sy 3 of 3