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FILED: QUEENS COUNTY CLERK 03/31/2022 11:27 AM INDEX NO. 708371/2021
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 03/31/2022
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FILED : QUEENS
QUEENS COUNTY
COUNTY CLERK
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS Index No.:
____________________________________________________________________Ç
JACQUELINE BARRETT, Filed:
Plaintiff, Plaintiff designates
Queens County as the
-against- Place of Trial
PENSKE LEASING AND RENTAL COMPANY, SUMMONS
PENSKE TRUCK LEASING CO., L.P., "XYZ The basis of venue is location
EMPLOYER"
(said name being fictitious, true name of occurrence.
presently unknown), and JACOB GUNTHER,
Defendants.
____________________________________________________________________Ç
To the above named Defendants:
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 served a notice of
appearance, in the Plaintiff's Attorney(s) 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 if you fail to appear or answer,
judgment will be taken against you by default for the relief demanded in the complaint.
Dated: New York, New York
April 12, 2021
SPAR & BERNSTEIN, P.C.
DAVID S. LE , ESQ.
Attorneys for Plaintiff
JACQUELINE BARRETT
225 Broadway, 5th Floor
New York, New York 10007
(646) 663-3066 (phone)
(212) 791-1230 (fax)
dlevy@1awsb.com
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T.0,,i
PENSKE LEASING AND RENTAL COMPANY:
32 Hayes Street, Elmsford
New York 10523
PENSKE TRUCK LEASING CO., L.P.:
C/O CORPORATION SERVICE COMPANY
80 STATE STREET
ALBANY, NEW YORK, 12207-2543
JACOB GUNTHER:
127 Plymouth Street
Stratford, Connecticut 06614.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
____________________________________________________________________Ç
JACQUELINE BARRETT, Index No.:
Plaintiff, Date Purchased:
-against- VERIFIED COMPLAINT
PENSKE LEASING AND RENTAL COMPANY,
PENSKE TRUCK LEASING CO., L.P., "XYZ
EMPLOYER"
(said name being fictitious, true name
presently unknown), and JACOB GUNTHER,
Defendants.
____________________________________________________________________Ç
Plaintiff, JACQUELINE BARRETT, by his attomeys, SPAR & BERNSTEIN, P.C.,
complaining of the Defendants herein alleges as follows:
1. Plaintiff, JACQUELINE BARRETT, is a resident of the County of New York, State of
New York.
2. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign general
association company duly authorized and existing under and by virtue of the laws of the
State of Delaware.
3. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign limited liability
company duly authorized and existing under and by virtue of the laws of the State of
Delaware.
4. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign general
association company and/or foreign limited liability company authorized to do business in
the State of New York.
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5. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign general
association company and/or foreign limited liability company, is a duly organized foreign
business corporation transacting business in the State ofNew York.
6. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign general
association company and/or foreign limited liability company, does and/or solicits business
within the State of New York.
7. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign limited
partnership duly organized and existing pursuant to the laws of the State of Delaware.
8. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign limited
partnership duly authorized to do business in the State of New York.
9. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign general
association company and/or foreign limited liability company, derives substantial revenue
from doing business in the State of New York.
10. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign general
association company and/or foreign limited liability company, expected or should have
expected its acts and business activities to have consequences within the State of New
York.
11. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign general association
company duly authorized and existing under and by virtue of the laws of the State of
Delaware.
12. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign limited liability company
duly authorized and existing under and by virtue of the laws of the State of Delaware.
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13. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign general association
company and/or foreign limited liability company authorized to do business in the State of
New York.
14. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign general association
company and/or foreign limited liability company, is a duly organized foreign business
corporation transacting business in the State of New York.
15. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign general association
company and/or foreign limited liability company, does and/or solicits business within the
State of New York.
16. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign limited partnership duly
organized and existing pursuant to the laws of the State of Delaware.
17. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign limited partnership duly
authorized to do business in the State of New York.
18. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign general association
company and/or foreign limited liability company, derives substantial revenue from doing
business in the State of New York.
19. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign general association
company and/or foreign limited liability company, expected or should have expected its
acts and business activities to have consequences within the State of New York.
EMPLOYER"
20. At all times herein mentioned, Defendant "XYZ (said name being
fictitious, true name presently unknown) was and still is a corporation organized and
existing under the laws of the State of New York, with its principal place of business
situated in the County of Unknown and the State of New York.
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EMPLOYER"
21. At all times herein mentioned, Defendant "XYZ (said name being
fictitious, true name presently unknown) was and stillis a foreign corporation duly licensed
and authorized to do business in the State of Unknown.
EMPLOYER"
22. At all times herein mentioned, Defendant "XYZ (said name being
fictitious, true name presently unknown) conducted and carried on business in the County
of New York, State of New York.
EMPLOYER"
23. At all times herein mentioned, Defendant "XYZ (said name being
fictitious, true name presently unknown) was and stillis a partnership doing business in
the County of New York and the State of New York.
EMPLOYER"
24. At all times herein mentioned, Defendant "XYZ (said name being
fictitious, true name presently unknown) was and still is a limited liability partnership
doing business in the County of New York and the State of New York.
EMPLOYER"
25. At all times herein mentioned, Defendant "XYZ (said name being
fictitious, true name presently unknown) was and stillis a limited liability corporation
doing business in the County of New York and the State of New York.
EMPLOYER"
26. At all times herein mentioned, Defendant "XYZ (said name being
fictitious, true name presently unknown) was and still is a sole proprietorship doing
business in the County of New York and the State of New York.
EMPLOYER"
27. At all times herein mentioned, Defendant "XYZ (said name being
fictitious, true name presently unknown) transacted business within the State ofNew York.
28. Upon information and belief, Defendant MANUEL DOMINGUEZ MENDEZ OLIVER is
a resident of the State of Connecticut.
29. The occurrence complained of occurred in the County of Queens, State of New York.
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30.On or about December 12, 2020, Defendant PENSKE LEASING AND RENTAL
COMPANY was the owner of the motor vehicle bearing New York license plate
68474MM.
31. On or about December 12, 2020, Defendant PENSKE LEASING AND RENTAL
COMPANYmanaged the aforesaid motor vehicle.
32.On or about December 12, 2020, Defendant PENSKE LEASING AND RENTAL
COMPANYeontrolledtheaforesaidmotorvehicle.
33.On or about December 12, 2020, Defendant PENSKE LEASING AND RENTAL
COMPANYsupervisedtheaforesaidmotorvehicle.
34.On or about December 12, 2020, Defendant PENSKE LEASING AND RENTAL
COMPANYrepairedtheaforesaid motor vehicle.
35.On or about December 12, 2020, Defendant PENSKE LEASING AND RENTAL
COMPANYentrustedtheaforesaidmotorvehicle.
36.On or about December 12, 2020, Defendant PENSKE LEASING AND RENTAL
COMPANY was the owner of the motor vehicle bearing New York license plate
68474MM.
37.On or about December 12, 2020, Defendant PENSKE TRUCK LEASING CO., L.P.
managed the aforesaid motor vehicle.
38.On or about December 12, 2020, Defendant PENSKE TRUCK LEASING CO., L.P.
controlledtheaforesaidmotorvehicle.
39.On or about December 12, 2020, Defendant PENSKE TRUCK LEASING CO., L.P.
supervisedtheaforesaidmotorvehicle.
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40. On or about December 12, 2020, Defendant PENSKE TRUCK LEASING CO., L.P.
repaired the aforesaid motor vehicle.
41. On or about December 12, 2020, Defendant PENSKE TRUCK LEASING CO., L.P.
entrusted the aforesaid motor vehicle.
EMPLOYER"
42. At all times herein mentioned, Defendant "XYZ (said name being
fictitious, true name presently unknown) was the employer of the Defendant JACOB
GUNTHER.
43. On or about December 12, 2020, Defendant JACOB GUNTHER was the operator of the
aforesaid motor vehicle.
44. On or about December 12, 2020, Defendant JACOB GUNTHER managed the aforesaid
motor vehicle.
45. On or about December 12, 2020, Defendant JACOB GUNTHER controlled the aforesaid
motor vehicle.
46. On or about December 12, 2020, Defendant JACOB GUNTHER supervised the aforesaid
motor vehicle.
47. On or December 12, 2020, Defendant JACOB GUNTHER repaired the aforesaid motor
vehicle.
48. On or December 12, 2020, Defendant JACOB GUNTHER was employed by the
EMPLOYER"
Defendant "XYZ (said name being fictitious, true name presently
unknown).
49. On or December 12, 2020, Defendant JACOB GUNTHER was operating the aforesaid
motor vehicle in the scope of, and in furtherance of, his employment with Defendant "XYZ
EMPLOYER"
(said name being fictitious, true name presently unknown).
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50. On or December 12, 2020, Defendant JACOB GUNTHER was in physical charge,
operation and control of the aforementioned motor vehicle.
51. On or December 12, 2020, Defendant JACOB GUNTHER was operating the aforesaid
motor vehicle with the permission and consent of the owner.
52. On or about December 12, 2020, Plaintiff was a lawful, seat-belted, passenger in a motor
vehicle bearing New York license plate FYS2058.
53. On or about December 12, 2020, the motor vehicle bearing New York license plate
68474MM, which was owned by Defendant PENSKE LEASING AND RENTAL
COMPANY and operated by Defendant JACOB GUNTHER, came in contact with the
vehicle owned and operated by Plaintiff bearing New York license plate FYS2058.
54. On or about December 12, 2020, the motor vehicle bearing New York license plate
68474MM, which was owned by Defendant PENSKE TRUCK LEASING CO., L.P. and
operated by Defendant JACOB GUNTHER, came in contact with the vehicle owned and
operated by Plaintiff bearing New York license plate FYS2058.
55. That the aforesaid incident occurred at or about Farmers Boulevard, at or near Linden
Boulevard, in the County of Queens, State of New York.
56. On or about December 12, 2020, and at all times herein mentioned, the roadways known
as Farmers Boulevard, at or near Linden Boulevard, in the County of Queens, were and
stillare public roadways and/or thoroughfares.
57. By reason of the foregoing accident, Plaintiff sustained personal injuries.
58. By reason of the foregoing, Plaintiff sustained serious personal injuries as defined by
Section 5102 of the Law of the State of New York.
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59. By reason of the foregoing, Plaintiff was caused to sustain severe and permanent personal
injuries, and to have suffered pain, shock, mental anguish; that these injuries and their
effects will be permanent; as a result of said injuries Plaintiff was caused and will continue
to be caused to incur expenses for medical care and attention; and Plaintiff was and will
continue to be rendered unable to perform Plaintiff's normal activities and duties and has
sustained a resultant loss therefrom, and Plaintiff was otherwise damaged.
60. The aforesaid incident and injuries sustained by Plaintiff were the result of the negligence
of the Defendants herein.
61. The aforesaid incident and the injuries sustained by Plaintiff were caused wholly and solely
Defendants'
by reason of the negligence in the ownership, operation, control, maintenance,
entrustment, supervision, management, use, and/or repair of their motor vehicle.
62. The aforesaid incident and the resulting injuries sustained by Plaintiff did not result from
any negligence or fault of said Plaintiff.
63. This action falls within one or more of the exceptions set forth in CPLR Section 1602.
64. By reason of the foregoing, Plaintiff has been damaged in a sum in excess of the
jurisdictional limits of all other Courts that would otherwise have jurisdiction.
65. By reason of the foregoing, Plaintiff sustained serious injuries and economic loss greater
than basic economic loss as defined by § 5104 of the Insurance Law of the State of New
York.
WHEREFORE, Plaintiff demands judgment against the Defendants in an amount in
excess of the jurisdictional limits of all other Courts that could otherwise have jurisdiction over
this matter, together with interest and the costs and disbursements of this action.
Dated: New York, New York
April 12, 2021
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Yours, etc.,
SPAR & BERNSTEIN, P.C.
By:
DAVID 5 LEVY, ESQ.
Attorneys for Plaintiff
JACQUELINE BARRETT
225 Broadway, 5th Floor
New York, New York 10007
(646) 663-3066 (phone)
(212) 791-1230 (fax)
dlevy@lawsb.com
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ATTORNEY VERIFICATION
DAVID S. LEVY, an attorney admitted to practice law before the Courts of the State of
New York, and associated with the firm of SPAR & BERNSTEIN, P.C., attorneys for the Plaintiff
JACQUELINE BARRETT, affirms the following:
That I have read the foregoing VERIFIED COMPLAINT and know the contents thereof,
that the same is true to my own knowledge except as to those matters which are stated therein to
be alleged upon information and belief, and as to those matters, I believe them to be true.
That the information contained therein was obtained based upon a review of Plaintiff s
legal case file.
That the reason this verification is made by your affirmant and not by the Plaintiff is
because the Plaintiff does not reside within New York County, where SPAR & BERNSTEIN,
P.C., maintains itsoffice.
The undersigned affirms that the foregoing statement is true under the penalties of perjury
Dated: New York, New York
April 12, 2021
DAVID S. LEVY, ESQ.
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Preview
FILED: QUEENS COUNTY CLERK 03/31/2022 11:27 AM INDEX NO. 708371/2021 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 03/31/2022 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 03/31/2022 04 /12 /2021 11:27 11: 55 AM INDEX INDEX NO. NO. 708371/2021 708371/2021 AN| NYSCEF NYSCEF DOC. DOC. NO. NO. 29 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/31/2022 04/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No.: ____________________________________________________________________Ç JACQUELINE BARRETT, Filed: Plaintiff, Plaintiff designates Queens County as the -against- Place of Trial PENSKE LEASING AND RENTAL COMPANY, SUMMONS PENSKE TRUCK LEASING CO., L.P., "XYZ The basis of venue is location EMPLOYER" (said name being fictitious, true name of occurrence. presently unknown), and JACOB GUNTHER, Defendants. ____________________________________________________________________Ç To the above named Defendants: 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 served a notice of appearance, in the Plaintiff's Attorney(s) 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 if you fail to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York April 12, 2021 SPAR & BERNSTEIN, P.C. DAVID S. LE , ESQ. Attorneys for Plaintiff JACQUELINE BARRETT 225 Broadway, 5th Floor New York, New York 10007 (646) 663-3066 (phone) (212) 791-1230 (fax) dlevy@1awsb.com 1 of 13 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 03/31/2022 04/12/2021 11:27 11: 55 AM INDEX INDEX NO. NO. 708371/2021 708371/2021 AN] NYSCEF NYSCEF DOC. DOC. NO. NO. 29 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/31/2022 04/12/2021 T.0,,i PENSKE LEASING AND RENTAL COMPANY: 32 Hayes Street, Elmsford New York 10523 PENSKE TRUCK LEASING CO., L.P.: C/O CORPORATION SERVICE COMPANY 80 STATE STREET ALBANY, NEW YORK, 12207-2543 JACOB GUNTHER: 127 Plymouth Street Stratford, Connecticut 06614. 2 of 13 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 03/31/2022 0 4 12 2 0 2 1 11:27 11 : 55 AM INDEX INDEX NO. NO. 708371/2021 708371/2021 / / AN| NYSCEF NYSCEF DOC. DOC. NO. NO. 29 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/31/2022 04/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ____________________________________________________________________Ç JACQUELINE BARRETT, Index No.: Plaintiff, Date Purchased: -against- VERIFIED COMPLAINT PENSKE LEASING AND RENTAL COMPANY, PENSKE TRUCK LEASING CO., L.P., "XYZ EMPLOYER" (said name being fictitious, true name presently unknown), and JACOB GUNTHER, Defendants. ____________________________________________________________________Ç Plaintiff, JACQUELINE BARRETT, by his attomeys, SPAR & BERNSTEIN, P.C., complaining of the Defendants herein alleges as follows: 1. Plaintiff, JACQUELINE BARRETT, is a resident of the County of New York, State of New York. 2. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign general association company duly authorized and existing under and by virtue of the laws of the State of Delaware. 3. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign limited liability company duly authorized and existing under and by virtue of the laws of the State of Delaware. 4. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign general association company and/or foreign limited liability company authorized to do business in the State of New York. 3 of 13 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 03/31/2022 04/12/2021 11:27 11: 55 AM INDEX INDEX NO. NO. 708371/2021 708371/2021 AN| NYSCEF NYSCEF DOC. DOC. NO. NO. 29 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/31/2022 04/12/2021 5. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign general association company and/or foreign limited liability company, is a duly organized foreign business corporation transacting business in the State ofNew York. 6. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign general association company and/or foreign limited liability company, does and/or solicits business within the State of New York. 7. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign limited partnership duly organized and existing pursuant to the laws of the State of Delaware. 8. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign limited partnership duly authorized to do business in the State of New York. 9. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign general association company and/or foreign limited liability company, derives substantial revenue from doing business in the State of New York. 10. Defendant, PENSKE LEASING AND RENTAL COMPANY, is a foreign general association company and/or foreign limited liability company, expected or should have expected its acts and business activities to have consequences within the State of New York. 11. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign general association company duly authorized and existing under and by virtue of the laws of the State of Delaware. 12. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign limited liability company duly authorized and existing under and by virtue of the laws of the State of Delaware. 4 of 13 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 03/31/2022 0 4 12 2 0 2 1 11:27 11 : 55 AM INDEX INDEX NO. NO. 708371/2021 708371/2021 / / AN| NYSCEF NYSCEF DOC. DOC. NO. NO. 29 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/31/2022 04/12/2021 13. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign general association company and/or foreign limited liability company authorized to do business in the State of New York. 14. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign general association company and/or foreign limited liability company, is a duly organized foreign business corporation transacting business in the State of New York. 15. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign general association company and/or foreign limited liability company, does and/or solicits business within the State of New York. 16. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign limited partnership duly organized and existing pursuant to the laws of the State of Delaware. 17. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign limited partnership duly authorized to do business in the State of New York. 18. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign general association company and/or foreign limited liability company, derives substantial revenue from doing business in the State of New York. 19. Defendant, PENSKE TRUCK LEASING CO., L.P., is a foreign general association company and/or foreign limited liability company, expected or should have expected its acts and business activities to have consequences within the State of New York. EMPLOYER" 20. At all times herein mentioned, Defendant "XYZ (said name being fictitious, true name presently unknown) was and still is a corporation organized and existing under the laws of the State of New York, with its principal place of business situated in the County of Unknown and the State of New York. 5 of 13 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 03/31/2022 0 4 12 2 0 2 1 11:27 11 : 55 AM INDEX INDEX NO. NO. 708371/2021 708371/2021 / / AN| NYSCEF NYSCEF DOC. DOC. NO. NO. 29 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/31/2022 04/12/2021 EMPLOYER" 21. At all times herein mentioned, Defendant "XYZ (said name being fictitious, true name presently unknown) was and stillis a foreign corporation duly licensed and authorized to do business in the State of Unknown. EMPLOYER" 22. At all times herein mentioned, Defendant "XYZ (said name being fictitious, true name presently unknown) conducted and carried on business in the County of New York, State of New York. EMPLOYER" 23. At all times herein mentioned, Defendant "XYZ (said name being fictitious, true name presently unknown) was and stillis a partnership doing business in the County of New York and the State of New York. EMPLOYER" 24. At all times herein mentioned, Defendant "XYZ (said name being fictitious, true name presently unknown) was and still is a limited liability partnership doing business in the County of New York and the State of New York. EMPLOYER" 25. At all times herein mentioned, Defendant "XYZ (said name being fictitious, true name presently unknown) was and stillis a limited liability corporation doing business in the County of New York and the State of New York. EMPLOYER" 26. At all times herein mentioned, Defendant "XYZ (said name being fictitious, true name presently unknown) was and still is a sole proprietorship doing business in the County of New York and the State of New York. EMPLOYER" 27. At all times herein mentioned, Defendant "XYZ (said name being fictitious, true name presently unknown) transacted business within the State ofNew York. 28. Upon information and belief, Defendant MANUEL DOMINGUEZ MENDEZ OLIVER is a resident of the State of Connecticut. 29. The occurrence complained of occurred in the County of Queens, State of New York. 6 of 13 FILED: FILED: QUEENS QUEENS COUNTY COUNTY CLERK CLERK 03/31/2022 04 /12 /2021 11:27 11:55 AM INDEX INDEX NO. NO. 708371/2021 708371/2021 AN| NYSCEF NYSCEF DOC. DOC. NO. NO. 29 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/31/2022 04/12/2021 30.On or about December 12, 2020, Defendant PENSKE LEASING AND RENTAL COMPANY was the owner of the motor vehicle bearing New York license plate 68474MM. 31. On or about December 12, 2020, Defendant PENSKE LEASING AND RENTAL COMPANYmanaged the aforesaid motor vehicle. 32.On or about December 12, 2020, Defendant PENSKE LEASING AND RENTAL COMPANYeontrolledtheaforesaidmotorvehicle. 33.On or about December 12, 2020, Defendant PENSKE LEASING AND RENTAL COMPANYsupervisedtheaforesaidmotorvehicle. 34.On or about December 12, 2020, Defendant PENSKE LEASING AND RENTAL COMPANYrepairedtheaforesaid motor vehicle. 35.On or about December 12, 2020, Defendant PENSKE LEASING AND RENTAL COMPANYentrustedtheaforesaidmotorvehicle. 36.On or about December 12, 2020, Defendant PENSKE LEASING AND RENTAL COMPANY was the owner of the motor vehicle bearing New York license plate 68474MM. 37.On or about December 12, 2020, Defendant PENSKE TRUCK LEASING CO., L.P. managed the aforesaid motor vehicle. 38.On or about December 12, 2020, Defendant PENSKE TRUCK LEASING CO., L.P. controlledtheaforesaidmotorvehicle. 39.On or about December 12, 2020, Defendant PENSKE TRUCK LEASING CO., L.P. supervisedtheaforesaidmotorvehicle. 7 of 13 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 03/31/2022 0 4 12 2 0 2 1 11:27 11 : 55 AM INDEX INDEX NO. NO. 708371/2021 708371/2021 / / AN| NYSCEF NYSCEF DOC. DOC. NO. NO. 29 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/31/2022 04/12/2021 40. On or about December 12, 2020, Defendant PENSKE TRUCK LEASING CO., L.P. repaired the aforesaid motor vehicle. 41. On or about December 12, 2020, Defendant PENSKE TRUCK LEASING CO., L.P. entrusted the aforesaid motor vehicle. EMPLOYER" 42. At all times herein mentioned, Defendant "XYZ (said name being fictitious, true name presently unknown) was the employer of the Defendant JACOB GUNTHER. 43. On or about December 12, 2020, Defendant JACOB GUNTHER was the operator of the aforesaid motor vehicle. 44. On or about December 12, 2020, Defendant JACOB GUNTHER managed the aforesaid motor vehicle. 45. On or about December 12, 2020, Defendant JACOB GUNTHER controlled the aforesaid motor vehicle. 46. On or about December 12, 2020, Defendant JACOB GUNTHER supervised the aforesaid motor vehicle. 47. On or December 12, 2020, Defendant JACOB GUNTHER repaired the aforesaid motor vehicle. 48. On or December 12, 2020, Defendant JACOB GUNTHER was employed by the EMPLOYER" Defendant "XYZ (said name being fictitious, true name presently unknown). 49. On or December 12, 2020, Defendant JACOB GUNTHER was operating the aforesaid motor vehicle in the scope of, and in furtherance of, his employment with Defendant "XYZ EMPLOYER" (said name being fictitious, true name presently unknown). 8 of 13 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 03/31/2022 0 4 12 2 0 2 1 11:27 11 : 55 AM INDEX INDEX NO. NO. 708371/2021 708371/2021 / / AN| NYSCEF NYSCEF DOC. DOC. NO. NO. 29 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/31/2022 04/12/2021 50. On or December 12, 2020, Defendant JACOB GUNTHER was in physical charge, operation and control of the aforementioned motor vehicle. 51. On or December 12, 2020, Defendant JACOB GUNTHER was operating the aforesaid motor vehicle with the permission and consent of the owner. 52. On or about December 12, 2020, Plaintiff was a lawful, seat-belted, passenger in a motor vehicle bearing New York license plate FYS2058. 53. On or about December 12, 2020, the motor vehicle bearing New York license plate 68474MM, which was owned by Defendant PENSKE LEASING AND RENTAL COMPANY and operated by Defendant JACOB GUNTHER, came in contact with the vehicle owned and operated by Plaintiff bearing New York license plate FYS2058. 54. On or about December 12, 2020, the motor vehicle bearing New York license plate 68474MM, which was owned by Defendant PENSKE TRUCK LEASING CO., L.P. and operated by Defendant JACOB GUNTHER, came in contact with the vehicle owned and operated by Plaintiff bearing New York license plate FYS2058. 55. That the aforesaid incident occurred at or about Farmers Boulevard, at or near Linden Boulevard, in the County of Queens, State of New York. 56. On or about December 12, 2020, and at all times herein mentioned, the roadways known as Farmers Boulevard, at or near Linden Boulevard, in the County of Queens, were and stillare public roadways and/or thoroughfares. 57. By reason of the foregoing accident, Plaintiff sustained personal injuries. 58. By reason of the foregoing, Plaintiff sustained serious personal injuries as defined by Section 5102 of the Law of the State of New York. 9 of 13 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 03/31/2022 0 4 /12 2 021 11:27 11 : 55 AM INDEX INDEX NO. NO. 708371/2021 708371/2021 / AN| NYSCEF NYSCEF DOC. DOC. NO. NO. 29 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/31/2022 04/12/2021 59. By reason of the foregoing, Plaintiff was caused to sustain severe and permanent personal injuries, and to have suffered pain, shock, mental anguish; that these injuries and their effects will be permanent; as a result of said injuries Plaintiff was caused and will continue to be caused to incur expenses for medical care and attention; and Plaintiff was and will continue to be rendered unable to perform Plaintiff's normal activities and duties and has sustained a resultant loss therefrom, and Plaintiff was otherwise damaged. 60. The aforesaid incident and injuries sustained by Plaintiff were the result of the negligence of the Defendants herein. 61. The aforesaid incident and the injuries sustained by Plaintiff were caused wholly and solely Defendants' by reason of the negligence in the ownership, operation, control, maintenance, entrustment, supervision, management, use, and/or repair of their motor vehicle. 62. The aforesaid incident and the resulting injuries sustained by Plaintiff did not result from any negligence or fault of said Plaintiff. 63. This action falls within one or more of the exceptions set forth in CPLR Section 1602. 64. By reason of the foregoing, Plaintiff has been damaged in a sum in excess of the jurisdictional limits of all other Courts that would otherwise have jurisdiction. 65. By reason of the foregoing, Plaintiff sustained serious injuries and economic loss greater than basic economic loss as defined by § 5104 of the Insurance Law of the State of New York. WHEREFORE, Plaintiff demands judgment against the Defendants in an amount in excess of the jurisdictional limits of all other Courts that could otherwise have jurisdiction over this matter, together with interest and the costs and disbursements of this action. Dated: New York, New York April 12, 2021 10 of 13 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 03/31/2022 04/12/2021 11:27 11: 55 AM INDEX INDEX NO. NO. 708371/2021 708371/2021 AN| NYSCEF NYSCEF DOC. DOC. NO. NO. 29 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/31/2022 04/12/2021 Yours, etc., SPAR & BERNSTEIN, P.C. By: DAVID 5 LEVY, ESQ. Attorneys for Plaintiff JACQUELINE BARRETT 225 Broadway, 5th Floor New York, New York 10007 (646) 663-3066 (phone) (212) 791-1230 (fax) dlevy@lawsb.com 11 of 13 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 03/31/2022 0 4 12 2 0 2 1 11:27 11 : 55 AM INDEX INDEX NO. NO. 708371/2021 708371/2021 / / AN| NYSCEF NYSCEF DOC. DOC. NO. NO. 29 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/31/2022 04/12/2021 ATTORNEY VERIFICATION DAVID S. LEVY, an attorney admitted to practice law before the Courts of the State of New York, and associated with the firm of SPAR & BERNSTEIN, P.C., attorneys for the Plaintiff JACQUELINE BARRETT, affirms the following: That I have read the foregoing VERIFIED COMPLAINT and know the contents thereof, that the same is true to my own knowledge except as to those matters which are stated therein to be alleged upon information and belief, and as to those matters, I believe them to be true. That the information contained therein was obtained based upon a review of Plaintiff s legal case file. That the reason this verification is made by your affirmant and not by the Plaintiff is because the Plaintiff does not reside within New York County, where SPAR & BERNSTEIN, P.C., maintains itsoffice. The undersigned affirms that the foregoing statement is true under the penalties of perjury Dated: New York, New York April 12, 2021 DAVID S. LEVY, ESQ. 12 of 13 FILED: FILED : QUEENS QUEENS COUNTY COUNTY CLERK CLERK 03/31/2022 04/12/2021 11:27 11: 55 AM INDEX INDEX NO. NO. 708371/2021 708371/2021 Ali NYSCEF NYSCEF DOC. DOC. NO. NO. 29 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/31/2022