Complaint,Petition: Frederic Gillet v. Inder, Llc, John Doe said name being fictitious and unknown

On September 16, 2022 a Complaint,Petition was filed involving a dispute between Frederic Gillet, and Inder, Llc, John Doe Said Name Being Fictitious And Unknown, for Torts - Motor Vehicle in the District Court of New York County.

Preview
FILED: NEW YORK COUNTY CLERK 09/16/2022 01:16 PM INDEX NO. 157968/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/16/2022

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK SUMMONS
__________________________________________- __________Ç

FREDERIC GILLET,
Plaintiff(s) designates
NEW YORK County as the
place of trial.

Plaintiff(s),
-against- The basis of the venue is:
Location of Incident

INDER, LLC, and "JOHN
DOE", said name being fictitious and unknown,

Index No.:

Defendants(s). Date Summons &
-----------------------------------------------------------------X Complaint Filed:

To the above named Defendants(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 appearance on the Plaintiff s Attorneys within 20 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
September 16, 2022

Yours, etc.,

BUITRAGO &-ASSOCIA ÉS, PL C

By:
MARCELO A. BUITRAG , ESQ.

Attorneys for Plaintiff(s)
274 Madispn Av n(e'- Suite 801

New Yo ew York 10016

(646) 858-0088

TO:

INDER, LLC
130 Brenner Avenue

Bethpage, New York 11714
AND VIA SECRETARY OF STATE

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DOE"
"JOHN
C/o INDER, LLC
130 Brenner Avenue

Bethpage, New York 11714
AND VIA SECRETARY OF STATE

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------..-----------------------X
FREDERIC GILLET,

Index No.:

Plaintiff(s),
-against-

VERIFIED COMPLAINT
INDER, LLC, and "JOHN
DOE", said name being fictitious and unknown,

Defendant(s).
-----------------------------------------------...---------X

Plaintiff, by his attorneys, BUITRAGO & ASSOCIATES, PLLC, as and for the

plaintiff's Verified Complaint allege the following, upon information and belief and at all times

hereinafter mentioned:

1. At all times hereinafter mentioned, the plaintiff, FREDERIC GILLET, was and

still is a resident of the County of Jersey City and State of New Jersey.

2. At all times herein mentioned, defendant, "JOHN DOE", was and stillis a resident

of the State of New York.

3. At all times herein mentioned, defendant, INDER, LLC, maintains a place of

business in the County of Nassau and State of New York.

4. The cause of action herein allegedly arose in the State of New York, County of

New York.

5. The limitations on liability set forth in CPLR Section 1601 do not apply.

6. The limitations on liability set forth in CPLR Section 1601 do not apply by one or

more of the exemptions thereto set forth in CPLR Section 1602.

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7. That this action falls within one or more of the exceptions as set forth in CPLR

§1602, §1602(1), §1602(2), §1602(3), §1602(4), §'1602(5), §1602(6), §1602(7), §1602(8),

§1602(9), §1602(10), §1602(11), §1602(12), and §1603 of the State of New York.

8. On August 5, 2022, and alltimes hereinafter mentioned the defendant, INDER,

LLC, was and stillis a domestic corporation, duly authorized to do, transact and/or conduct

business in the State of New York, pursuant to the laws of The State of New York.

9. On August 5, 2022, and alltimes hereinafter mentioned the defendant, INDER,

LLC, was and stillis a foreign corporation, duly authorized to do, transact and/or conduct business

in the State of New York, pursuant to the laws of The State of New York.

10. On August 5, 2022, and alltimes hereinafter mentioned the defendant, INDER,

LLC, maintained and stillmaintains a principle place of business in the County of Nassau, State

of New York.

11. On August 5, 2022, and all times hereinafter mentioned the defendant, "JOHN

DOE"
was operating a motor vehicle bearing New York State registration number Y100413C,

while acting within the course of his employment for Defendant, INDER, LLC.

12. On August 5, 2022, and at all times hereinafter mentioned the defendant, INDER,

LLC, was the owner of a motor vehicle bearing New York State registration number Y100413C.

13. On August 5, 2022, and at alltimes hereinafter mentioned the defendant, "JOHN

DOE", was the lessee of a motor vehicle bearing New York State registration number Y100413C.

14. On August 5, 2022, and at alltimes hereinafter mentioned the defendant, "JOHN

DOE", was the operator of the aforesaid motor vehicle bearing New York State registration

number Y100413C.

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15. On August 5, 2022, and at all times hereinafter mentioned, defendant, "JOHN

DOE", operated the aforesaid motor vehicle with the knowledge of defendant, INDER, LLC.

16. On August 5, 2022, and at all times hereinafter mentioned, defendant, "JOHN

DOE", operated the aforesaid motor vehicle with the consent of defendant, INDER, LLC.

17. On August 5, 2022, and at all times hereinafter mentioned, defendant, "JOHN

DOE", operated the aforesaid motor vehicle with the permission of defendant, INDER, LLC.

DOE"
18. On August 5, 2022 and at alltimes hereinafter mentioned, defendant, "JOHN

managed the aforesaid motor vehicle.

19. On August 5, 2022, and at all times hereinafter mentioned, defendant, INDER,

LLC, managed the aforesaid motor vehicle.

20. On August 5, 2022, and at all times hereinafter mentioned, the defendant, "JOHN

DOE", maintained the aforesaid motor vehicle.

21. On August 5, 2022, and at alltimes hereinafter mentioned, the defendant, INDER,

LLC, maintained the aforesaid motor vehicle.

22. On August 5, 2022, and all times hereinafter mentioned, the defendant, "JOHN

DOE", controlled the aforesaid motor vehicle.

23. On August 5, 2022, and all times hereinafter mentioned, the defendant, INDER,

LLC, controlled the aforesaid motor vehicle.

24. On August 5, 2022, and all times hereinafter mentioned, the defendant, "JOHN

DOE", repaired the aforesaid motor vehicle.

25. On August 5, 2022, and all times hereinafter mentioned, the defendant, INDER,

LLC, repaired the aforesaid motor vehicle.

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9th 45th
27. On August 5, 2022 and all times hereinafter mentioned, Avenue and West

Street, in the County of New York, State of New York were public roadways and/or thoroughfares.

DOE"
28. On August 5, 2022, the motor vehicle operated by defendant "JOHN and the

motorcycle operated by plaintiff, FREDERIC GILLET were in contact.

DOE"
29. On August 5, 2022, the motor vehicle operated by defendant "JOHN and the

9th
motorcycle operated by plaintiff, FREDERIC GILLET were in contact on Avenue and West

45th
street, in the County of New York, and State of New York.

30. That as a result of the aforesaid contact, plaintiff, FREDERIC GILLET, was

injured.

31. That as a result of the aforesaid contact, plaintiff, FREDERIC GILLET, was

seriously injured.

32. 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.

33. The defendant(s) was/were negligent, careless, reckless, grossly negligent and

inherently reckless in the ownership, operation, management, control, supervision, and

maintenance of their motor vehicle.

34. That by reason of the foregoing, plaintiff, FREDERIC GILLET, sustained

severe, serious and permanent personal injuries, became sick, sore, lame and disabled; suffered

injuries to the nervous system; suffered a fracture; suffered permanent disfigurement; suffered

mental anguish, was confined to hospital, bed and home and may, in the future, be so confined;

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was incapacitated from attending her usual duties and vocation and may in the future, be so

incapacitated; will suffer a loss and/or limitation; suffered permanent limitations; suffered

significant limitations; and plaintiff, FREDERIC GILLET, was otherwise damaged.

35. That plaintiff, FREDERIC GILLET has sustained serious injuries as defmed in

Subdivision D of §5102 of the Insurance Law-Recodification of the State of New York.

36. That plaintiff, FREDERIC GILLET, has sustained serious injuries and economic

loss greater than basic economic loss as to satisfy the exception of §5104 of the Insurance law of

the State of New York.

37. That plaintiff, FREDERIC GILLET, 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 only seeking to recover those damages not recoverable

through no-fault insurance under the facts and circumstances in this action.

38. That by reason of the foregoing, plaintiff, FREDERIC GILLET, has been damaged

in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise

have jurisdiction.

WHEREFORE, plaintiffs demand judgment against the defendant in an amount that

exceeds the jurisdictional limits of the lower Courts which would otherwise have jurisdiction, all

together with the costs and disbursements of these actions.

Dated: New York, New York
September 16, 2022

Yours, etc.,

BUITRAGO & ASSOCIATES, PLLC

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By:
MARCELO A. BUITRAGO Q.

Attorneys for Plaintiff(s)
274 Madison ite 801
Avenuy
New York, Ne Y6rk 10016

(646) 858,0 8

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ATTORNEY'S VERIFICATION

The undersigned, an attorney admitted to practice in the Courts of the State of New York,

hereby affirms the following to be true under the penalties of perjury:

I, MARCELO A. BUITRAGO, ESQ., attorney for the plaintiffs in the within action have

read the foregoing COMPLAINT and know the contents thereof; that the same is true to my own

knowledge, except as to those matters therein stated to be alleged upon information and belief, and

that as to those matters, your affirmant believes it to be true. The grounds of your affirmant's

knowledge are investigations received by your affirmant.

The reason that this verification is made by your affirmant and not by the plaintiffs is that

the plaintiffs are not within the County wherein your affirmant's offices are located.

Dated: New York, New York
September 16, 2022

MARCELO A. BUITRA O, ESQ.

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__________________-------------______________--------__________Ç
FREDERIC GILLET,
Index No.:

Plaintiff(s),

-against-

INDER, LLC, and "JOHN
DOE", said name being fictitious and unknown,

Defendant(s).

SUMMONS and VERIFIED COMPLAINT

BUITRAGO & ASSOCIATES, PLLC

274 Madison Avenue - Suite 801

New York, New York 10016

(646) 858-0088

Service of a copy of the within is hereby admitted:

Dated:

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Case Info

Judge

James G Clynes Track Judge’s New Case

Case No.

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Document Filed Date

September 16, 2022

Case Filing Date

September 16, 2022

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