Preview
FILED: NASSAU COUNTY CLERK 09/22/2022 09:12 AM INDEX NO. 612623/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------------------------------------------------X INDEX NO.:
SHARI BROZINSKY, FILING DATE:
Plaintiff, SUMMONS
Plaintiff Designates
-against- Nassau as the
County
Place of Trial
The Basis of Venue is
VIVIAN M. FEY, Plaintiff's Residence
Defendant. Plaintiff resides at:
209 A North Boston Avenue,
--------------------------------------------------------------------X Massapequa, NY 11758
To the above-named Defendant:
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 Attorney within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this 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: Melville, New York
September 16, 2022
Defendant's address:
VIVIAN M. FEY
260 WAVERLY AVENUE, APARTMENT 43
PATCHOGUE, NEW YORK 11772
BY: JONAT . J. SARDELLI, ESQ.
BRAGOLI & ASSOCIATES, P.C.
Attorneys for Plaintiff
SHARI BROZINSKY
300 Broadhollow Road, Suite 100W
Melville, New York 11747
(631) 423-7755
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X Index No.:
SHARI BROZINSKY,
Filing date:
Plaintiff,
VERIFIED
-against- COMPLAINT
VIVIAN M. FEY,
Defendant.
_______________________________________________________________________Ç
PLAINTIFF, by her attorneys, BRAGOLI & ASSOCIATES, P.C., complains of the
Defendant and alleges, upon information and belief, the following:
1. That at all times hereinafter mentioned, Plaintiff, SHARI BROZINSKY, resided
in the County of Nassau, State of New York, at the time of the occurrence.
2. That at all times hereinafter mentioned, the Plaintiff, SHARI BROZINSKY,
maintained a residence at 209 A North Boston Avenue, Massapequa, New York 11758.
3. That at all times hereinafter mentioned, Defendant, VIVIAN M. FEY, resided in
the State of New York, at the time of the occurrence.
4. That at all times hereinafter mentioned, Defendant, VIVIAN M. FEY, was the
registrant owner of a certain motor vehicle bearing New York State License Plate Number
GRC6286.
5. That at all times hereinafter mentioned, Defendant, VIVIAN M. FEY, was
operating a certain motor vehicle bearing New York State License Plate Number GRC6286.
6. That at all times hereinafter mentioned, Defendant, VIVIAN M. FEY, had the duty
and/or assumed the duty to properly own, control, manage, maintain, operate, inspect and repair
the aforesaid motor vehicle bearing New York State License Plate Number GRC6286.
7. That at all times hereinafter mentioned, Defendant, VIVIAN M. FEY, breached
her duty to properly own, control, manage, maintain, operate, inspect and repair the aforesaid
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motor vehicle bearing New York State License Plate Number GRC6286.
8. That at all times hereinafter mentioned, Patchogue Holbrook Road at/near its
intersection with Expressway Drive South in the County of Suffolk, State of New York, was and
is a public roadway in common usage.
9. That BRET RANKIN INC. was the registrant owner of a certain motor vehicle
bearing New York State License Plate Number JE6637.
10. That Bret H. Rankin was the operator of a certain motor vehicle bearing New York
State License Plate Number JE6637.
11. That Plaintiff, SHARI BROZINSKY, was a restrained passenger in a certain
motor vehicle, owned by BRET RANKIN INC, bearing New York State License Plate Number
JE6637.
12. That on or about November 13, 2021, the aforesaid motor vehicle bearing New
York State License Plate Number JE6637 was involved in a motor vehicle accident.
13. That on or about November 13, 2021, the aforesaid motor vehicle owned and
operated by Defendant, VIVIAN M. FEY, was in contact and collision with the aforesaid motor
vehicle owned by BRET RANKIN INC and operated by Bret H. Rankin, which contained Plaintiff,
SHARI BROZINSKY, as a restrained passenger.
14. That on or about November 13, 2021, the aforesaid motor vehicle owned and
operated by Defendant, VIVIAN M. FEY, came into violent contact and collision with the motor
vehicle owned by BRET RANKIN INC and operated by Bret H. Rankin, which contained Plaintiff,
SHARI BROZINSKY, as a restrained passenger.
15. That on or about November 13, 2021, the aforesaid motor vehicle owned and
operated by Defendant, VIVIAN M. FEY, came into violent contact and collision with the motor
vehicle owned by BRET RANKIN INC and operated by Bret H. Rankin, which contained Plaintiff,
SHARI BROZINSKY, as a restrained passenger, on Patchogue Holbrook Road at/near its
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intersection with Expressway Drive South in the County of Suffolk, State of New York.
16. That as a result of the foregoing, Plaintiff, SHARI BROZINSKY, sustained certain
severe personal injuries.
17. That the aforesaid collision and the injuries sustained by Plaintiff, SHARI
BROZINSKY, was caused solely by reason of the negligence of the Defendant, VIVIAN M.
FEY, and without any negligence or fault on the part of the Plaintiff contributing thereto.
18. That Defendant, VIVIAN M. FEY, was careless and negligent in the ownership,
operation, management, maintenance, inspection, supervision, repair and control of her motor
vehicle; in failing to look, in failing to see, in failing to be observant of the surrounding
circumstances; in operating the motor vehicle at a greater rate of speed than care and caution
would permit under the circumstances; in causing, allowing and permitting said motor vehicle to
strike and come in contact with another motor vehicle; in failing to take due and proper notice of
the presence of other vehicles on the roadway; in failing to make prompt, proper and timely use
of the steering and braking mechanisms of the motor vehicle; in failing to observe the traffic signs
and controls then and there in effect; in failing to yield the right of way; in failing to proceed in
a safe and proper manner; in failing to maintain the braking and steering mechanisms of the motor
vehicle in proper adequate condition and/or repair; in failing to give any signal, sound or waming
of the approach of the motor vehicle; in failing to exercise due care and caution in the operation
and control of the motor vehicle so as to have avoided this accident and the injuries to the Plaintiff
herein; in violating rules of the road, statutes, ordinances and/or regulations; and Defendant was
otherwise reckless, negligent and careless in the operation, ownership, management, maintenance,
inspection, supervision, repair and control of the aforementioned motor vehicle.
19. That as a result of the foregoing, Plaintiff, SHARI BROZINSKY, suffered a
serious injury as defined in Section 5102(d) of the Insurance Law of the State of New York.
20. That as a result of the foregoing, Plaintiff, SHARI BROZINSKY, sustained
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serious, severe and permanent personal injuries and was rendered sick, sore, lame and disabled;
Plaintiff, SHARI BROZINSKY, was caused to suffer great physical pain, discomfort and
disability and will continue to suffer pain, discomfort and disability in the future; Plaintiff, SHARI
BROZINSKY, was caused to undergo medical care, aid and treatment, and may continue to
undergo medical care, aid and treatment for a long period of time to come in the future; Plaintiff,
SHARI BROZINSKY, incurred large sums of expenses for medical care, aid and attention and
may continue to incur large sums of expenses for future medical care, aid and attention; Plaintiff,
SHARI BROZINSKY, was further caused to become incapacitated from and hindered in the
progress of her usual pursuits, duties and activities and may continue to be hindered in her pursuits,
duties and activities for a long period of time to come in the future.
21. That as a result of the foregoing, Plaintiff, SHARI BROZINSKY, has been
damaged by Defendant, VIVIAN M. FEY, in an amount which exceeds the jurisdictional limits
of all lower courts which would otherwise have jurisdiction.
WHEREFORE, Plaintiff, SHARI BROZINSKY, demands judgment against Defendant,
VIVIAN M. FEY; together with the costs and disbursements of this action.
Dated: Melville, New York
September 16, 2022
Yours etc.,
BY: JONA . SARDELLI, ESQ.
BRAGOLI & ASSOCIATES, P.C.
Attorneys for Plaintiff
SHARI BROZINSKY
300 Broadhollow Road, Suite 100W
Melville, New York 11747
(631) 423-7755
5 of 7
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ATTORNEY'S VERIFICATION
The undersigned, an attorney duly admitted and licensed to practice in the Courts of the
State of New York, hereby affirms the following to be true under the penalties of perjury:
I am the attorney for the Plaintiff in the within action; that the undersigned has read the
foregoing VERIFIED COMPLAINT and knows the contents thereof·, that the same is true to
affirmant's own knowledge, except as to those matters alleged to be true upon information and
belief, and as to those affirmant believe them to be true.
The undersigned further states that the reason this verification is made by the undersigned
and not by Plaintiff is that the Plaintiff does not reside within the County where affirmant maintains
an office.
The grounds of affinnant's belief as to all matters not stated to be upon affirmant's
knowledge, are documents, correspondences, and records maintained in affirmant's files and
conversations had with the Plaintiff.
The undersigned affirms that the foregoing statements are true, under the penalty of
perjury.
Dated: Melville, New York
September 16, 2022
JONATHAbrJ. SARDELLI, ESQ.
6 of 7
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Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
. .
SHARI BROZINSKY,
Plaintiff,
-against-
VIVIAN M. FEY,
Defendant.
SUMMONS and VERIFIED COMPLAINT
BRAGOLI & ASSOCIATES, P.C.
Attorneys for the Plaintif
SHARI BROZINSKY
300 Broadhollow Road, Suite 100W
Melville, New York 11747
(631) 423-7755
To:>
for>
Attorney(s)
Service of a copy of the within is hereby admitted.
Dated,
Attorney(s) for
Sir: - Please take notice
that the within is a true copy of a duly entered in the office of the clerk of the within named
court on
, 2022
Dated:
Yours, etc.
Attorney signature pursuant to Sec. 130-1.1-a of the
Rules of the Chief Administrator (22NYCRR)
BY: JON AN J. SARDELLI, ESQ.
BRAGOL & ASSOCIATES, P.C.
Attorneys for the Plaintif
SHARI BROZINSKY
300 Broadhollow Road, Suite 100W
Melville, New York 11747
(631) 423-7755
7 of 7
Preview
FILED: NASSAU COUNTY CLERK 09/22/2022 09:12 AM INDEX NO. 612623/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------------------------------------------------X INDEX NO.: SHARI BROZINSKY, FILING DATE: Plaintiff, SUMMONS Plaintiff Designates -against- Nassau as the County Place of Trial The Basis of Venue is VIVIAN M. FEY, Plaintiff's Residence Defendant. Plaintiff resides at: 209 A North Boston Avenue, --------------------------------------------------------------------X Massapequa, NY 11758 To the above-named Defendant: 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 Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this 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: Melville, New York September 16, 2022 Defendant's address: VIVIAN M. FEY 260 WAVERLY AVENUE, APARTMENT 43 PATCHOGUE, NEW YORK 11772 BY: JONAT . J. SARDELLI, ESQ. BRAGOLI & ASSOCIATES, P.C. Attorneys for Plaintiff SHARI BROZINSKY 300 Broadhollow Road, Suite 100W Melville, New York 11747 (631) 423-7755 1 of 7 FILED: NASSAU COUNTY CLERK 09/22/2022 09:12 AM INDEX NO. 612623/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------X Index No.: SHARI BROZINSKY, Filing date: Plaintiff, VERIFIED -against- COMPLAINT VIVIAN M. FEY, Defendant. _______________________________________________________________________Ç PLAINTIFF, by her attorneys, BRAGOLI & ASSOCIATES, P.C., complains of the Defendant and alleges, upon information and belief, the following: 1. That at all times hereinafter mentioned, Plaintiff, SHARI BROZINSKY, resided in the County of Nassau, State of New York, at the time of the occurrence. 2. That at all times hereinafter mentioned, the Plaintiff, SHARI BROZINSKY, maintained a residence at 209 A North Boston Avenue, Massapequa, New York 11758. 3. That at all times hereinafter mentioned, Defendant, VIVIAN M. FEY, resided in the State of New York, at the time of the occurrence. 4. That at all times hereinafter mentioned, Defendant, VIVIAN M. FEY, was the registrant owner of a certain motor vehicle bearing New York State License Plate Number GRC6286. 5. That at all times hereinafter mentioned, Defendant, VIVIAN M. FEY, was operating a certain motor vehicle bearing New York State License Plate Number GRC6286. 6. That at all times hereinafter mentioned, Defendant, VIVIAN M. FEY, had the duty and/or assumed the duty to properly own, control, manage, maintain, operate, inspect and repair the aforesaid motor vehicle bearing New York State License Plate Number GRC6286. 7. That at all times hereinafter mentioned, Defendant, VIVIAN M. FEY, breached her duty to properly own, control, manage, maintain, operate, inspect and repair the aforesaid 2 of 7 FILED: NASSAU COUNTY CLERK 09/22/2022 09:12 AM INDEX NO. 612623/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 motor vehicle bearing New York State License Plate Number GRC6286. 8. That at all times hereinafter mentioned, Patchogue Holbrook Road at/near its intersection with Expressway Drive South in the County of Suffolk, State of New York, was and is a public roadway in common usage. 9. That BRET RANKIN INC. was the registrant owner of a certain motor vehicle bearing New York State License Plate Number JE6637. 10. That Bret H. Rankin was the operator of a certain motor vehicle bearing New York State License Plate Number JE6637. 11. That Plaintiff, SHARI BROZINSKY, was a restrained passenger in a certain motor vehicle, owned by BRET RANKIN INC, bearing New York State License Plate Number JE6637. 12. That on or about November 13, 2021, the aforesaid motor vehicle bearing New York State License Plate Number JE6637 was involved in a motor vehicle accident. 13. That on or about November 13, 2021, the aforesaid motor vehicle owned and operated by Defendant, VIVIAN M. FEY, was in contact and collision with the aforesaid motor vehicle owned by BRET RANKIN INC and operated by Bret H. Rankin, which contained Plaintiff, SHARI BROZINSKY, as a restrained passenger. 14. That on or about November 13, 2021, the aforesaid motor vehicle owned and operated by Defendant, VIVIAN M. FEY, came into violent contact and collision with the motor vehicle owned by BRET RANKIN INC and operated by Bret H. Rankin, which contained Plaintiff, SHARI BROZINSKY, as a restrained passenger. 15. That on or about November 13, 2021, the aforesaid motor vehicle owned and operated by Defendant, VIVIAN M. FEY, came into violent contact and collision with the motor vehicle owned by BRET RANKIN INC and operated by Bret H. Rankin, which contained Plaintiff, SHARI BROZINSKY, as a restrained passenger, on Patchogue Holbrook Road at/near its 3 of 7 FILED: NASSAU COUNTY CLERK 09/22/2022 09:12 AM INDEX NO. 612623/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 intersection with Expressway Drive South in the County of Suffolk, State of New York. 16. That as a result of the foregoing, Plaintiff, SHARI BROZINSKY, sustained certain severe personal injuries. 17. That the aforesaid collision and the injuries sustained by Plaintiff, SHARI BROZINSKY, was caused solely by reason of the negligence of the Defendant, VIVIAN M. FEY, and without any negligence or fault on the part of the Plaintiff contributing thereto. 18. That Defendant, VIVIAN M. FEY, was careless and negligent in the ownership, operation, management, maintenance, inspection, supervision, repair and control of her motor vehicle; in failing to look, in failing to see, in failing to be observant of the surrounding circumstances; in operating the motor vehicle at a greater rate of speed than care and caution would permit under the circumstances; in causing, allowing and permitting said motor vehicle to strike and come in contact with another motor vehicle; in failing to take due and proper notice of the presence of other vehicles on the roadway; in failing to make prompt, proper and timely use of the steering and braking mechanisms of the motor vehicle; in failing to observe the traffic signs and controls then and there in effect; in failing to yield the right of way; in failing to proceed in a safe and proper manner; in failing to maintain the braking and steering mechanisms of the motor vehicle in proper adequate condition and/or repair; in failing to give any signal, sound or waming of the approach of the motor vehicle; in failing to exercise due care and caution in the operation and control of the motor vehicle so as to have avoided this accident and the injuries to the Plaintiff herein; in violating rules of the road, statutes, ordinances and/or regulations; and Defendant was otherwise reckless, negligent and careless in the operation, ownership, management, maintenance, inspection, supervision, repair and control of the aforementioned motor vehicle. 19. That as a result of the foregoing, Plaintiff, SHARI BROZINSKY, suffered a serious injury as defined in Section 5102(d) of the Insurance Law of the State of New York. 20. That as a result of the foregoing, Plaintiff, SHARI BROZINSKY, sustained 4 of 7 FILED: NASSAU COUNTY CLERK 09/22/2022 09:12 AM INDEX NO. 612623/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 serious, severe and permanent personal injuries and was rendered sick, sore, lame and disabled; Plaintiff, SHARI BROZINSKY, was caused to suffer great physical pain, discomfort and disability and will continue to suffer pain, discomfort and disability in the future; Plaintiff, SHARI BROZINSKY, was caused to undergo medical care, aid and treatment, and may continue to undergo medical care, aid and treatment for a long period of time to come in the future; Plaintiff, SHARI BROZINSKY, incurred large sums of expenses for medical care, aid and attention and may continue to incur large sums of expenses for future medical care, aid and attention; Plaintiff, SHARI BROZINSKY, was further caused to become incapacitated from and hindered in the progress of her usual pursuits, duties and activities and may continue to be hindered in her pursuits, duties and activities for a long period of time to come in the future. 21. That as a result of the foregoing, Plaintiff, SHARI BROZINSKY, has been damaged by Defendant, VIVIAN M. FEY, in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff, SHARI BROZINSKY, demands judgment against Defendant, VIVIAN M. FEY; together with the costs and disbursements of this action. Dated: Melville, New York September 16, 2022 Yours etc., BY: JONA . SARDELLI, ESQ. BRAGOLI & ASSOCIATES, P.C. Attorneys for Plaintiff SHARI BROZINSKY 300 Broadhollow Road, Suite 100W Melville, New York 11747 (631) 423-7755 5 of 7 FILED: NASSAU COUNTY CLERK 09/22/2022 09:12 AM INDEX NO. 612623/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 ATTORNEY'S VERIFICATION The undersigned, an attorney duly admitted and licensed to practice in the Courts of the State of New York, hereby affirms the following to be true under the penalties of perjury: I am the attorney for the Plaintiff in the within action; that the undersigned has read the foregoing VERIFIED COMPLAINT and knows the contents thereof·, that the same is true to affirmant's own knowledge, except as to those matters alleged to be true upon information and belief, and as to those affirmant believe them to be true. The undersigned further states that the reason this verification is made by the undersigned and not by Plaintiff is that the Plaintiff does not reside within the County where affirmant maintains an office. The grounds of affinnant's belief as to all matters not stated to be upon affirmant's knowledge, are documents, correspondences, and records maintained in affirmant's files and conversations had with the Plaintiff. The undersigned affirms that the foregoing statements are true, under the penalty of perjury. Dated: Melville, New York September 16, 2022 JONATHAbrJ. SARDELLI, ESQ. 6 of 7 FILED: NASSAU COUNTY CLERK 09/22/2022 09:12 AM INDEX NO. 612623/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2022 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU . . SHARI BROZINSKY, Plaintiff, -against- VIVIAN M. FEY, Defendant. SUMMONS and VERIFIED COMPLAINT BRAGOLI & ASSOCIATES, P.C. Attorneys for the Plaintif SHARI BROZINSKY 300 Broadhollow Road, Suite 100W Melville, New York 11747 (631) 423-7755 To:> for> Attorney(s) Service of a copy of the within is hereby admitted. Dated, Attorney(s) for Sir: - Please take notice that the within is a true copy of a duly entered in the office of the clerk of the within named court on , 2022 Dated: Yours, etc. Attorney signature pursuant to Sec. 130-1.1-a of the Rules of the Chief Administrator (22NYCRR) BY: JON AN J. SARDELLI, ESQ. BRAGOL & ASSOCIATES, P.C. Attorneys for the Plaintif SHARI BROZINSKY 300 Broadhollow Road, Suite 100W Melville, New York 11747 (631) 423-7755 7 of 7