Motion for Writ in Kenneth Garofolo, Jennifer Garofolo v. Devin J. Carpenter, Preferred Group Of Manhattan, Inc., Consolidated Rail Corporation, Csx Transportation, Inc.| Trellis.Law

On December 28, 2015 a Exhibit,Appendix was filed involving a dispute between Jennifer Garofolo, Kenneth Garofolo, and Consolidated Rail Corporation, Csx Transportation, Inc., Devin J. Carpenter, Preferred Group Of Manhattan, Inc., for Torts - Other Negligence (personal injury) in the District Court of Dutchess County.

Preview
FILED: DUTCHESS COUNTY CLERK 01/24/2020 02:20 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/24/2020

"A"
EXHIBIT
FILED: DUTCHESS COUNTY CLERK 01/24/2020 02:20 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/24/2020

ffŽÚÈDT--D-ÜTCHESS COUNTY CLERK 12/28 /2015 09 :31 W INDEX NO. 2015-52210

NYSCEB DOC. NO. 1 RECEIVED NYSCEF: 12/28/2015

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
-------------......-.....-.....____-..----------------X
KENNETH OAROFOLO and JENNIFER OAROFOLO. Index No.:

Plaintiffs, SUhf MONS
-against-
Basis of Venue:
Plaintiffs'
DEVIN J.CARPENTER, Residence
PREFERRED GROUP OF MANHATTAN, INC., 8 Caywood Place
CONSOLIDATED RAIL CORPORATION and Hyde Park, NY 12538
CSX TRANSPORTATION, TNC.,

Defendants.
.--.......--- - ---___.-...-....--.---------------X
.
TO THE ABOVE NAMED DEFENDANTS:

YOU ARE HEREBY SUMMONED to answer the Verified Cemp!e!± in this action and to

Plaintiffs' Summone
serve a copy of your answer on the attorney within 20 days after service of this

and Verified ewinsive of the of service,or within 30 days after service iscc=plete
Cemp!a!±, day

ifthis Summcñs and Verified Cemp!e!± is not delivered to you within the State of New
personally

York.

PLEASE BE ADVISED that should you failto answer or appear, a default judgment will
.

be taken against you for the relief sought in the Verified Complaint.

Dated: Poughkeepsie, New York
December 23, 2015

Yours, etc.
,

Mi6haell. faf le,Esq. /
MICHAEL R. VARBLE & ASSOCIATES, P.C.
for Plaintiffs Kenneth and Jennifer Garofolo
Attorney
40 Oarden Street, Suite 301
Poughkeepsie, New York 12601
Telephone: (845)363-6500

Michael R Varble& Associates.P.C.
40 GardenStreet,Suite301
Poughkeepsic.New York 12401
(845) M3.6500
FILED: DUTCHESS COUNTY CLERK 01/24/2020 02:20 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/24/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS

KENNETH OAROFOLO and .JENNIFER GAROFOLO, Index No.:

VERIFIED COMPLAINT
Plaintiffs,
-against-

/..--
DEVIN J. CARPENTER,
PREFERRED GROUP OF MANHATTAN, INC,
CONSOLIDATED RAIL CORPORATION and
CSX TRANSPORTATION, INC.,

Defendants.
-...------..---------.__...___.............-___x

Plaintiffs, Kenneth Garofolo and Jennifer Garofolo, by their attorney, Michael R. Varble,

Esq., of Michael R. Varble & Associates, P.C., complaining of the Defe-laws herein, respectfully

shows to this Court, and alleges as follows:

1. Át allthe time herein mentioned, PlaintiffKenneth Garofolo, of 8 Caywood Place,

Hyde Park, New York 12538 is a resident of the County of Dutchess, State of New York.

2. At all the time herein mentioned, Plaintiff Jennifer Garofolo. of 8 Caywood Place,

Hyde Park, New York 12538 is a resident of the County of Dutchess, State of New York.

3. At allthe time herein mentioned, Defendant Devin J. Carpenter (hereinafter

Carpenter"), of 7 Surico Drive, Poughkeepsie, New York 12601 is a resident of the County of
f f /{ree /¼e / del - C · 6 - fo//.
Dutchess, State of New York. .

4. Upon information and belief and at allrelevant times, Defendant Preferred Group of

Manhat::n, Inc. (hereinafter "Preferred Group") was and is a Corporation organized under the laws

of the State of New York and doing business in Dutchess County.

5. Upon information and belief and at allrelevant times, Defendant Consolidated Rail

Corparation (hereinafter "Consolidated Rail") was and is a Corporation organized under the laws of

the State of New York and doing business in Dutchess County.

6. Upon information and belief and at allrelevant times, Defendâñt CSX

Transportation, Inc. (hcrdnnikr "CSX") was and is a Corporation orgañ!zed under the laws of the

State of New York and doing business in Dutchess County.

Michael R. VarMe & Ameintes.
P.C.
40 Garden Street,Suite 301
Poughh. sic New York 12601
( .n$Ý30-6500 Page 2 of 12
FILED: DUTCHESS COUNTY CLERK 01/24/2020 02:20 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/24/2020

FIRST CAUSE OF ACTION
NEGLIGENCE BY DEFENDANT CARPENTIER

7. Plaintiffs repeat and reallege allprior allegations.

8. On November 22, 2014, at 35 Main Street. Poughkeepsie, New York and 41 Main

Street, l'vudacepsie, New York, at properties owned by Defendant Preferred Group, Defendant

Consolidated Rail and Defendant CSX, Defendant Devin J. Carpenter struck, hit and
negligently

make ccñtact with the Plaintiff, Kenneth Garafalo, with his fistsand Plaintiff to fallto the
causing

ground, striking his head.

9. The actions of Defendant Devin J. Carpenter were negligently, careless, unwarrented

and without any just cause or provocation.

10. Pleinturincurred permanent and lasting injuries from Defendant's actieñs,

with0üt limim40ns: a concussion, seizure disorder, traumatic brain injury, post-
including

concessive syndrome, white matter disease, diffuse axonal injury, contusion of orbital tissue, and

complex skull fracture of the lett facialand tempora! bones.

11. As a direct and proxireste result tifthe aforementioned eedons, Plaintiff has incurred

withcal limitations: permanent disability, medica! expenses, loss of earnings and other economic

damages, and continues to be in physical pain and is now obligated to expend sums of money for

medical care and attention in an effort to cure himself of his injuries and to alleviate his pain and

suffering. Plaintiff is unable, and ce=d=es to be unable to pursue his usual daily âctivities,

including working, alldue to his physical injuries and damage.

12. As a resultof the foregoing, the Plaintiff has been damaged in an amount that is in

excess of the jurisdiction of all lower courts.

13. As a resultof the foregoing, Plaintiff demands judgment against Defendant

Carpenter in an emount to be determined by the trierof fact and in excess of the jurisdicticñal

lowei·
limits of all Courts.

Michool R. Varble & Associates.P.C.
40 oarden Street, suite 301
Pough o, 'ork 12606
Page 3 of 12
FILED: DUTCHESS COUNTY CLERK 01/24/2020 02:20 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/24/2020

SECOND CAUSE OF ACTION
NEGLIGENCE BY DEFli;NDANT PREFERRED GROUP

14. Plaintiffs repeat and reallege allprior allegations.

15. On November 22, 2014, Plaintiff was upon the premises owned
lãwfúily by

Defendant Preferred Group, at 35 Main Street, Poughkeepsie, NY 12601 where he was lawfully

employed, the Plaintiff was hit,struck and otherwise centected Defendant
negligently by Carpenter,

who inflicted severe and permanent on the Plaintiff.
bodily injury

16. Defendant Preferred Group had actual and/or constructive knowledge of on
activity

the premises about criminal and dangerous for a significant dhairi= and/or
activity occurring

occurring frequently and they failed and/or refused to take any steps to remedy the situation.

17. Defendant Preferred Group knew or should have known of the propensities of the

afomsaid Defendant Carpenter and other patrons frequenting Mahoney's of Dooley Square, Inc.

and failed to take steps to protect persons, such as the Plaintiff, lawfully empicyed and/or

frequenting at the premises; that Defendant Preferred Group failed to exercise ressc±!e care in

ntrolling itspremises and environs and in otherwise acting negligently on the premises.

t 18. As a resultof the actual and/or the injuries of the Plaintiff
foregoing, constructive,

were caused by the negligence of Defendant Preferred Group in having knowledge of the ccñdition

of Defendant Carpenter and other prior patrons on its premises and taking no reasoniable steps to

protect the invited public or employees, such as the Plaintiff, from being injured.

19. Defendant Preferred had prior notice that was actual notice and/or
)) Group

constructive notice as to the dangerous condition and propensities at the aforementioned property.

20. The said injurics to the Plaintiff caused solely by Defcadant Preferred Group were

without any negligence on the part of the Plaintiff contributing thereto.

21. As a directand proximate resuh of the aforementioned negligence of the Defendam

Prefened Group Plaintiff has incurred, without limitation, permanent disability, medical expenses,

h loss of earnings and other economic damages, and c=2:=s to be in physical pain and is now

obligated to expend sums of money for medical care and attention in an effort to cure himself and

to alleviate his pain and suffering. Plaintiff was unable, and continnes to be unable for the

Michael R. Varble & Associates.P.C.
40 oarden seces, Suite 301
Pought s ,N Y rk 12601
Page 4 of 12
FILED: DUTCHESS COUNTY CLERK 01/24/2020 02:20 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/24/2020

foreseeable fmure, to pursue his usual activities and cmpicyment. all due to his physical injuries

and damage.

22. As a result of the fcregaing, the Plaintiffhas been dam;¡;:d in an amount that is in

excess of the jurisdiction of alllower courts.

23. As a result of the foregoing, Plaintiff demands judgment against Preferred in
Group

an amount to be detennined by the trierof fact and in excess of the jurisdictional limits of alllower

Courts.

THIRD CAUSE OF ACTION
NEGLlGENCE BY DEFENDANT CONSOLIDATED RATl.,

24. Plaintiffs repeat and reallege all prior allegations.

25. On November 22, 2014, Plaintiff was lawfully upon the premises owned by

Defen±nt Consolidated Rail, at 41 Main Street. Poughkeepsie, NY 12601, which was üüiside the

establishment where Plaintiff was lawfelly employed, the Plaintiff was negligently struck, hit and

otherwise made contact with the Defendant Carpenter, who inflicted severe and permanent bodily

injury on the Plaintiff.

26. Defedent Consolidated Rail had actual and/or constructive knowledge of activity

on the premises about crimiñãl and dangerous activity occurring for a significant duration and/or

occ 'ng frequently and they failed and/or refused to take any steps to remedy the sh=tion.

27. Defendent Consolidated Rail knew or should have known of the propensities of the
)

aforesaid Defoñdant Carpenter and other patrons frequenting Meheney's of Dooley Square, Inc.

and failed to take steps to protect persons, such as the Plaintiff, lawisuy employed and/or

frequenting at the premises; that Defendant Consetidated Rail failed to exercise reasarable care in

contrailing itsprcrhiscs and environs and in otherwise acting negligently on the prcmises.

28. As a result of the foregoing, actual and/or constructive, the injuries of the Plaintiff

Michael R. Varble & Associates.P.C.
· 40 Garden Street, Suite 301
Poughkee ic, New York 126tu
Ess 3s.6son Page 5 of 12
FILED: DUTCHESS COUNTY CLERK 01/24/2020 02:20 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/24/2020

were caused by the negligence of Defendant Consolidated Rail in knowledge of the
having

condition of Defendant Carpenter on its premises and no reascñable steps to protect the
taking

invited public or erapicyees, such as the Plaintiff, from being injured

29. Defendant Consolidated Rail had prior notice that was actual notice or constructive

as to the dangerous condition and propensities at the aforementioned properties.

30. The said injuries to the Plaintiltwere caused solely Defendant Consolidated Rail
by

without any negligence on the partof the PlaintifTcontributing thereto.

3 l. As a direct and proximate result of the aforementioned neg::gence, Plaintiff

has incurred, without !imitatian, permanent disability, medical expenses, a loss of eamings and

other economic damages, and continues to be inphysicâ! pain and is now obligated to expend sums

of money for medica! care and attention in an effort to cure himself and to alleviate his pain and

suffering. Plaintiff was unable, and continues to be unable for the foreseeable future, to pursue his

usual activities and employment, alldue to his physical injuries and damage.

32. As a result of the foregoing, the Plaintiff has been damaged in an amount that is in

excess of the jurisdiction of alllower courts.

33. As a result of the foregoing, i>laintiffdemands judgment against Consdidated Rail

in an amount to be determined by the trier of fact and in excess of the jurisdictional limits of all

lower Courts.

FOURTH CAUSE OF ACTION
NEGLIGENCE BY DEFENDANT CSX TRANSPORTATION, INC.

3 . Plaintiffs repeat and reallege all prior allegations.

35. On November 22, 2014, Plaintiff was lawfully upon the premises owned by

Defendant CSX Transportation, Inc., at 41 Main Street, Põüshkeepsie. NY 12601. which was

outside the establishment where PlaintifT was lawfully employed, the Plaintiff was negligently

struck, hit and otherwise made contact with the Defendant Carpenter, who inflicted severe and

permanent bodily injury on the Plaintiff.

Michact R. Varble & Associates.P.c.
40 Garden Street Suite 301
Pought n k 1260t
Page 6 of 12
FILED: DUTCHESS COUNTY CLERK 01/24/2020 02:20 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/24/2020

36. Defendant CSX had actual and/or ccñstrective knowledge of activity on the

premises about criminal and dangerous activity for a significant duration and/or
occurring

occurring frequently and they failed and/or refused to take any steps to remedy the situation.

37. Defeñdant CSX knew or should have known of the prnpensities of the aforesaid

Defendant Carpenter and other patrons frequenting Mahoney's of Dooley Square, Inc. and failed to
. _.

take steps to protect persons, such as the Plaintiff, employed and/or at the
lawfúlly frcqücating

premises; that Defendant CSX failed to exercisc reasonable care in controlling its premises and

envircñs and in otherwise acting negligently on the premises.

38, As a result of the foregoing, actual and/or constructive, the injuries of the PlaintitT

were caused by the negligence of Defendant CSX in having knowledge of the condition of

Defendant Carpenter on itspremises and taking no reasonable steps to protect the invited public or

employees, such as the Plaintiff, from being injured.

39. Defendant CSX had prior notice that was actual notice or canstrüctive as to the

dangerous condition and propensities at the aforementioned properties.

40. The said injuries to the Plaintiff were caused solely by Defendant CSX without any

negligence on the part of the Plaintificontributing thereto.

41. As a direct and proximate result of the eforementioned negligence, Plaintiff

has incurred, without limitation, permanent disability, medical expenses, a loss of earnings and

other economic dair.:ges, and continues to be in physical pain and is now obligated to expend sums

of money for medical care and attention in an effort to cure himself and to alleviate his pain and

suffering. Plaintiff was unable, and continues to be unable for the foreseeable future, to pursue his

usual activities and employment, all due to his physical injuries and damage.

42. As a result of the foregoing, the Plaintiff has been damaged in an emount that is in

excess of the jurisdiction of all lower courts.

43. As a result of the foregoing, Plaintiffdemands judgment sgsiast Defendant CSX in

an monet to be determined by the trier of fact and in excess of the jurisdictional limits of all lower

Courts.

Michact R. Varbic & Associates,Pf
40 Garden suret, suite30t

7É°i37.i, Page 7 of 12
FILED: DUTCHESS COUNTY CLERK 01/24/2020 02:20 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/24/2020

FIFTH CAUSE OF ACTION
fr LOSS OF CONSORTIUM

4. PlaintitTs repeat and reallege allprior allegations.

5. On November 22, 2014, Plaintiti, Jennifer Garofolo's spouse, Plaintiff, Kenneth

Garofolo, was physically injured and permsñcntly disabled when Defendant Carpenter negligently

struck, hitand otherwise made contact with Mr. Garofolo with his fists a head and
causing injury

due to the negligence of all other Defendents. The afor=entioned incident was allowed to occur

and Mr. Carofolo was not protected allDefendants their of care to Mr. Carofolo
by breaching duty

as they reasonably should have foreseen under the circtimstances.

Defendants'
46. As a direct and proximate result of allthe negligent condttet, Plaintiff's

spouse suffered, without limitation, traumatic brain injury, concüssion, post-concussive syadmme,

white matter disease, diffuse axonal injury, centurien of orbital tissue, and complex skull fracture

of the left facial and temporal bones, which caused and still causes him to become completely

disabled and unable to fully function cognitively, in that he lacks mental stamina, mental speed,

concentration, memory and the ability to organize and maintain a consistent and predictable level of

tnental effort necessary for enjoying his previous quality of life.

47. Before suffering these injuries, Plaintiff's spouse was able to and did perform all the

uties of a husband and did perform all these duties, iñcluding withcat limhtians assisting in

maintsiting the home, and providing love, companionship, affection, society, sexual relations,

moral support, avid solace to Plaintiff.

48. Plaintiff's spouse's ability to perform these tasks has been greatly, if not completely,

diminished due to his traumatic brain injury. As a direct and proximate result of the injuries,

Plaintiff's spouse has been unable to perform the duties of a husband in that he isunable to assist in

house work, drive, participate in family, recraational, or social activities with Plaintiff, or contribute

to the household income.

49. Due to the nature of the injuries ene!eined by Plaintiff's spouse and the severe

physical and psychological strains they cause him, Plaintiff's spouse is no longer able to provide

Plaintiff with love, compañianship, affection, society, moral support, and solace among other

.Michael R. Verbic & Associates,P.C.
estStreer.suite 301
Poughk New York 12601
i spea.6soo Page 8 of 12
FILED: DUTCHESS COUNTY CLERK 01/24/2020 02:20 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/24/2020

duties. Because of these injuries, Plhintiffs spouse will be unable to perform these duties in the

future. Plaintiff is therefore deprived and will be deprived of her spouse's
permanent!y consortium,

allto Plaintiff'sdaraage, in a total ardaunt to be established proof at the trial.
by

50. As a result of the foregoing, the Plaintiff has been dareaged in an amount that is in

excess of the jurisdiction of all lower courts. .

5I. As a result of the foregoing, Plaintiff Jennifer Qmufelo has been damaged in an

amount in excess of the jurisdiation of the lower courts and demands judgment against the

Defendants.

WHEREFORE, Plaintiffs pray that the Court enter judgmer.: in their favor and agair.st

Defendants, containing the following relief:

a. On the First Cause of Action, in favor of Plaintiff. Kenneth Garofolo, in an amount

to be detennined by the trierof the facts and in excess of the jurisdiction of all lower Courts;

b. On the Second Cause of Action, in favor of Plaintiff, Kenneth Garofolo. in an

arecüñt to be determined by the trier of the facts and in excess of the jurisdiction of all lower

Courts;

c. On the Third Cause of Action, in favor of Plaintiff, Kenneth Garofolo, irtan amount

to be determined by the trierof the facts and in excess of the jurisdiction of all lower Courts;

d. On the Fourth Cause of Action, in favor of Plaintiff,Kenneth Garefolo, in an amount

to be determined by the trierof the facts and in excess of the jurisdiction of all lower Courts;

e. On the Fifth Cause of Action, Jennifer Garofolo, in an amount to be determined by

the trierof the factsand in excess of the jurisdiction of all lower Courts:

Plaintiffs'
f, An award of costs that Plaintiffs have incuned in this action, as well as

masonable attorneys's fees to the fullest extent permitted by law: and

g. Such other and further reliefas the Court may deem just and proper.

Michael R. Varble & Asociates. P.c.
40 GardenSweet,:iuite301
Puughkeepsic.New York t2601
1845)musno Page 9 of 12

---
FILED: DUTCHESS COUNTY CLERK 01/24/2020 02:20 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/24/2020

Dated: Poughkeepsie, New York
December 23, 2015

Yours, etc.,

ae ar le, Esq.
MICHAEL R. VARBLE ASSOCIATES, P.C.
Attorneys for Plaintiffs Ken..eth and Jennifer Garofolo
40 Garden Street, Suite 301
Poughkeepsie, New York 12601
Telephone: (845) 363-6500

Michael R. Varble & Associates,P.C.
40 GardenStreet Suhe 301
Poushk s otk 12601
Page 10 of 12
FILED: DUTCHESS COUNTY CLERK 01/24/2020 02:20 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/24/2020

VERIFICATION

STATE OF NEW YORK )
) :ss:
COUNTY OF DUTCHESS )

KENNETH GAROFOLO, being duly sworn, deposes and says:

I am the Plaintiff in the action herein; I have read the annexed Summars and Verified

Comp!eint, know the contents thereof and the same are true to my knowledge, except those matters

therein which are stated to be alleged on infor--e½n and belief, and as to those matters I believe

them to be true,

/ NNE TH AROFOLO

Sworn to before me this
day of December, 2015.

(N a Public)
Joe 4. I . PW.PH
NotaryS.s ink.u: New Yorft
No. t :BO281 17
Oualitanfo U:sier
County
Commission lix pues July
19, 200//
7

Michael 11,Varble & Associates,P.C
40 Garden Street,Suite 301

°"8**"f , age I1 of 12
FILED: DUTCHESS COUNTY CLERK 01/24/2020 02:20 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/24/2020

VERIFICATION

STATE OF NEW YORK )
) :ss:
COUNTY OF DUTCHESS )

JENNIFER GAROFOLO, being duly sworn, deposes and says:

I am the Plaintiff in the action herein; I have read the annexed Summons and Verified

'Amp:âiñt, know the contents thereof and the same are true to my kñõwledge, except those matters

herein which are stated to be alleged on infor=ntion and belief, and as to those matters 1 believe

hem to be true.

I E A F L ()

S o to before me this
____ day of December, 2015.

(No ubi c)
JrPA L RYMPH
NotaryI w:· G:Sr,N New York
l:Y"
I'o.O )?S1 17
Ount;(æ'tn UnterCounty
ComnWsion Eap;ses Ji.ty
10, 2005

Michael It
Varbic & Associates,P.C
40 GardenStreet.Suite 301
Poughk Y k 1260) .
Page 12 of 12
FILED: DUTCHESS COUNTY CLERK 01/24/2020 02:20 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/24/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
------------------------- =------------------------x

KENNETH GAROFOLO and JENNIFER GAROFOLO

Plaintiff/Petitioner,

- against - Index 2015-52210
No.

DEVIN J.CARPENTER, et al.

Defendant/Respondent.
_,......---x
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING

PLEASE TAKE NOTICE that the matter captioned above has been comnienced as an

electronicâily filed case in the New York State Courts Electronic Filing System ("NYSCEF") as
required by CPLR § 2111 and Uniform Rule § 202.5-bb (mandatory electronic filing).This notice
is being served as required by that rule.

NYSCEF is designed for the electronic filing of documents with the County Clerk and the
court and for the electronic service of those documents, court documents, and court notices upon
counsel and unrepresented litigants who have consented to electronic filing.

Electronic filingoffers significant benefits for attomeys and litigants,permitting papers to be
filed with the County Clerk and the court and served on other parties simply, conveniently, and
quickly. NYSCEF case documents are filed with the County Clerk and the court by filingon the
NYSCEF Website, which can be done at any time of the day or night on any day of the week. The
documents are served automatically on allconsenting e-filers as soon as the document isuploaded
to the website, which sends out an immediate email notification of the filing.

The NYSCEF System charges no fees for filing,serving, or viewing the electronic case

record, nor does itcharge any fees to print any filed documents. Normal filing fees must be paid,
but this can be done on-line.

Parties iépresented by an attorney: An attorney representing a party who is served with
this notice must either: 1) immediately record his or her representation within the e-filed matter on
the NYSCEF site; or 2) filethe Notice of Opt-Out form with the clerk of the court where this action
is pending. Exemptions from mandatory e-filing are limited to attorneys who certify ingood faiththat

they lack the computer hardware and/or scanner and/or internet coññection orthat they lack (along
with all employees subject to their direction) the operational knowledge to comply with e-filing
requirements. [Section 202.5-bb(e)]

Parties not represented an attorney: Unrepresented litigants are exempt from e-
by
filing.They can serve and file documents in paper form and must be served with documents
in paper form. However, an unrepresented litigant may participate in e-filing.

Page 1 of 2 EFM-1
FILED: DUTCHESS COUNTY CLERK 01/24/2020 02:20 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 01/24/2020

For information on how to participate in e-filing,unrepressñtsd IItigants should contact the
appropriate clerk in the court where the action was filed or visit www.nycourts.govisflis-

unrepisssated. Unrepresented litigants also are encouraged to visit www.nycourthelp.aov or
coñtact the Help Center in the court where the action was filed. An unrepresented litigant who
consents to e-filingmay cease participation at any time. However, the other parties may continue
to e-file their court documents in the case.

For additional information about electronic filingand to create a NYSCEF accoüñt, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-

386-3033; e-mail: efile@nycourts.gov).

December , 2015
Dated:

40 Garden Street, Suite 301

idndture Address

Michael R. Varble,

Case Info

Judge

Hal B Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

January 24, 2020

Case Filing Date

December 28, 2015

County

Parties

BAILEY, LAWRENCE RANDOLPH Attorney for the Defendant
Consolidated Rail Corporation Defendant
CSX Transportation, Inc. Defendant
Devin J. Carpenter Defendant
DIBERARDINO, PHILIP JOSEPH Attorney for the Defendant
Jennifer Garofolo Plaintiff
Kenneth Garofolo Plaintiff
LANDMAN CORSI BALLAINE & FORD Attorney for the Defendant
MAINETTI, ALEXANDER ELI Attorney for the Defendant
MAINETTI, MICHAEL Attorney for the Defendant
Preferred Group of Manhattan, Inc. Defendant
SIMON, STUART ROSS Attorney for the Defendant
SPILBOR, JONNA M. Attorney for the Plaintiff
VARBLE, MICHAEL R. Attorney for the Plaintiff
CHRISTA HARPER Attorney
JOSEPH POTENZA
MICHAEL VARBLE Attorney
ANDREW HUMPHREYS Attorney
DOROTHY TROCHEZ Attorney
HALLIE GAINES Attorney
KENNETH RONES Attorney
LORI GILMORE Attorney
MICHAEL RATTAGAN Attorney
JAMES DAVIES Attorney
VICTOR MAINETTI Attorney
ALFRED MAINETTI Attorney
ERIC CONROY Attorney
ANTHONY CILLIS Attorney
JOSEPH FARLO Attorney
CHARIS MOORE Attorney
KENNETH SUSSMANE Attorney
ROBERT NOE Attorney
Nicklaus Misiti Attorney
LAURA ROBERTS Attorney
GEAROID MOORE Attorney
JOSEPH ARENA Attorney
CRISTINA ROMERO Attorneys for Defendants
JOSEPH PAGE Attorney
JAMES DAVIS Attorney
MICHAEL KAVANAGH Attorneys for Defendants
PATRICIA HINES Attorneys for Defendants

For full print and download access, please subscribe at https://www.trellis.law/.

Exhibit,Appendix: Kenneth Garofolo, Jennifer Garofolo v. Devin J. Carpenter, Preferred Group Of Manhattan, Inc., Consolidated Rail Corporation, Csx Transportation, Inc.

Preview

Case Info

Parties