Preview
FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020
FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
r'' 'I ~ J
Index no.
JOAN FREIRE,
>: ' ~
Datefiied: t; I
Plaintiff,
SUMMONS
-against-
Basis of venue: Situs of accident in
ARTHUR VICl ORIA Queens County
RAIVIIREZ, RAMIREZ,
SI-IERIF SAKR and VIP TRANSPORTER LLC,
Defendants.
~ ~ ----- ——
-X
To THs Aaovf NAMEO OKFcNDANTsi
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer on the Plaintiff's Attorney within twenty (20} days after the service of this
summons, exclusive of the day of service of this summons, or within thirty (30) days after the
service of this summons is complete ifthis summons is not personally delivered to you within
the State of New York. In case of your failure to appear to answer, judgment will be taken
against you by default for the reliefdemanded in the complaint, together with the costs of this
action.
Dated: March 6, 2018
LAW OFFICE OF EVANS D. PRIESTON, P.C.
Attorney for Plaintiff
21' 10'
47-40 Street, Fl.
Long Island City, NY 11101
(718) 424-2444
Defendant Arthur Ramirez: 81 Wallace St., Tuckahoe, NY 10707
Defendant Victoria Ramirez: 81 Wallace St., Tuckahoe, NY 10707
Defendant Sherif Sakr: 219 MIII St„Poughkeepsie, NY 12601
186'
Defendant VIP Transporter LLC: 61-43 Street, Fresh Meadows, NY 11365
FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
'
Index no. 7 .
._____......·---------------------------------------------------X
JOAN FREIRE,
VERIFIED COMPLAINT
Plaintiff,
-against-
ARTHUR RAMIREZ, VICTORIA RAMIREZ,
SHERIF SAKR and VIP TRANSPORTER LLC,
Defendants.
_________................._____________..........------------------X
Plaintiff,by her attorney, LAW OFFICE OF EVANS D. PRIESTON, P.C., complaining of the
defendant, alleges the following, as and for her complaint:
1. At allrelevant times, plaintiff JOAN FREIRE resided in the County of Queens, City
and State of New York.
2. At allrelevant times, defendant ARTHUR RAMIREZ ("ARTHUR") resided in the
County of Westchester, Village of Tuckahoe and State of New York.
3. At allrelevant times, defendant VICTORIA RAMIREZ ("VICTORIA") resided in the
County of Westchester, Village of Tuckahoe and State of New York.
4. At allrelevant times, defendant VIP TRANSPORTERS LLC ("VIP") was a domestic
186'"
limited liabilitycompany, having a place of business at 61-43 Street, Fresh Meadows, NY
11365.
5. At allrelevant times, defendant SHERIF SAKR ("SAKR") resided in the County of
Dutchess, City of Poughkeepsie and State of New York.
6. On December 29, 2017, defendant VICTORIA was the owner of a 2007 motor
vehicle bearing New York Registration Number BYW2111.
1
FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020
7. On December 29, 2017, defendant VICTORIA maintained the 2007 motor
vehicle bearing New York Registration Number BYW2111.
8. On December 29, 2017, defendant VICTORIA controlled the 2007 motor vehicle
bearing New York Registration Number BYW2111.
9. On December 29, 2017, defendant VICTORIA managed the 2007 motor vehicle
bearing New York Registration Number BYW2111.
10. On December 29, 2017, defendant ARTHUR was the operator of the 2007 motor
vehicle bearing New York Registration Number BYW2111,
11. On December 29, 2017, defendant ARTHUR maintained the 2007 motor vehicle
bearing New York Registration Number BYW2111.
12. On December 29, 2017, defendant ARTHUR controlled the 2007 motor vehicle
bearing New York Registration Number BYW2111.
13. On December 29, 2017, defendant ARTHUR managed the 2007 motor vehicle
bearing New York Registration Number BYW2111.
14. On December 29, 2017, defendant VIP was the owner of a 2015 motor vehicle
bearing New York Registration Number T701548C.
15. On December 29, 2017, defendant VIP maintained the 2015 motor vehicle
bearing New York Registration Number T701548C.
16. On December 29, 2017, defendant VIP controlled the 2015 motor vehicle
bearing New York Registration Number T701548C.
17. On December 29, 2017, defendant VIP managed the 2015 motor vehicle bearing
New York Registration Number T701548C.
18. On December 29, 2017, defendant SAKR was the operator of the 2015 motor
2
FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020
vehicle bearing New York Registration Number T701548C.
19. On December 29, 2017, defendant SAKR maintained the 2015 motor vehicle
bearing New York Registration Number T701548C.
20. On December 29, 2017, defendant SAKR controlled the 2015 motor vehicle
bearing New York Registration Number T701548C.
21. On December 29, 2017, defendant SAKR managed the 2015 motor vehicle
bearing New York Registration Number T701548C.
22. On December 29, 2017, plaintiff was a lawful passenger in the 2015 motor
vehicle bearing New York Registration Number T701548C, owned by defendant VIP and
operated by defendant SAKR.
23. At allrelevant times, Maurice Avenue, at or near the intersection of Long Island
Expressway in the County of Queens, City and State of New York, were public streets in
common use of the residents of the CIty and State of New York and others.
24. At allrelevant times, defendants were solely responsible for the proper and
prudent ownership, operation, management, maintenance, and control of their vehicle.
25. On December 29, 2017, the vehicle owned by defendant VIP and operated by
defendant SAKR, for which plaintiff was a passenger, struck the vehicle owned by defendant
VICTORIA and operated by defendant ARTHUR, at the aforesaid location.
26. The aforesaid occurrence was caused wholly and solely by reason of the
carelessness, recklessness and negligence of defendants In the ownership, operation,
maintenance, management, and control of their vehicles, without any negugence on the part of
plaintiff contributing thereto.
27. As a result of the aforesaid occurrence, plaintiff was rendered sick, sore, lame,
3
FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020
and disabled and have remained so since said occurrence. She sustained nervous shock and
continue to suffer mental anguish and great physical pain. She will be compelled to undergo
medical aid, treatment, and attention and to expend money and incur obligations for
physician's services, medical and hospital expenses for the care and treatment of her injuries;
and upon Information and belief, she will be compelled to expend additional sums of money
and incur further obligations in the future for additional physician's services, medical and
hospital expenses for the further care and treatment of her injuries. She has been
incapacitated from attending to her usual duties, functions, occupations, vacations and
avocations, and in other ways she has damages, and upon information and belief, may be so
Incapacitated in the future and will suffer pecuniary losses.
28. Plaintiff sustained serious injuries as defined in §§ 5102 and S104 of the
Insurance Law of the State of New York.
29. Upon information and belief, this action falls within one or more of the
exceptions set forth in CPLR 1601.
30. By reason thereof, plaintiff has been damaged in an amount greater than the
jurisdictional IImits of the lower Courts of the State of New York.
4
FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020
WHEREFORE, plaintiff demands judgment against defendants, and each of them, jointly
and severally, in an amount greater than the jurisdictional limits of the lower Court of the State
of New York, together with costs and disbursements.
Dated: Long Island City, NY
March 6, 2018
Yours, etc.
Evans D. Prieston, Esq.
LAW OFFICE OF EVANS D. PRIESTON, P.C.
Attorney for Plaintiffs
10th
47-40 21"Street,
Long Island City, NY 11101
(718) 424-2444
S
FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020
fND) VIDUAL YER1FICATION
STATE OF NEW YORK)
)ss.:
COUNTY OF QUEENS)
1,_ on a , ,* am the PlaintliTin the within action. I have read the
Complaint and know the contete thereof. The cõñtents are true to own knowledge
foregoing my
except as to rnatterstherein stated to be alleged upon informallon and belief, and asto those
matters I believe them to be true.
Plai iff
Swom to before me this
day of jl CU th , 201
No nry Public
'
JU5:1NA WYDBA
NOTMii PlNUC STATE OF ilEW YOm
HIGHMONu00UNTY
L10. #01 (0207'.M
00t©d EXP .....12..ZL bd2.L - -
FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020
Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
______________._______________________........------------------X
JOAN FREIRE,
Plaintiff,
-against-
ARTHUR RAMIREZ, VICTORIA RAMIREZ,
SHERIF 5AKR and VIP TRANSPORTER LLC,
Defendants
_________....---..._
__________________--------------------------X
SUMMONS and VERIFIED COMPLAINT
Signature (Rule 130-1.1-a)
Evans D. Prieston
I.AW OFFICE OF EVANS D PRIESTON, P.C.
Attorney for Plaintiff
21"
47-40 Street
Long Island City, NY 11101
(718) 424-2444
Preview
FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020 FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS r'' 'I ~ J Index no. JOAN FREIRE, >: ' ~ Datefiied: t; I Plaintiff, SUMMONS -against- Basis of venue: Situs of accident in ARTHUR VICl ORIA Queens County RAIVIIREZ, RAMIREZ, SI-IERIF SAKR and VIP TRANSPORTER LLC, Defendants. ~ ~ ----- —— -X To THs Aaovf NAMEO OKFcNDANTsi YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the Plaintiff's Attorney within twenty (20} days after the service of this summons, exclusive of the day of service of this summons, or within thirty (30) days after the service of this summons is complete ifthis summons is not personally delivered to you within the State of New York. In case of your failure to appear to answer, judgment will be taken against you by default for the reliefdemanded in the complaint, together with the costs of this action. Dated: March 6, 2018 LAW OFFICE OF EVANS D. PRIESTON, P.C. Attorney for Plaintiff 21' 10' 47-40 Street, Fl. Long Island City, NY 11101 (718) 424-2444 Defendant Arthur Ramirez: 81 Wallace St., Tuckahoe, NY 10707 Defendant Victoria Ramirez: 81 Wallace St., Tuckahoe, NY 10707 Defendant Sherif Sakr: 219 MIII St„Poughkeepsie, NY 12601 186' Defendant VIP Transporter LLC: 61-43 Street, Fresh Meadows, NY 11365 FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ' Index no. 7 . ._____......·---------------------------------------------------X JOAN FREIRE, VERIFIED COMPLAINT Plaintiff, -against- ARTHUR RAMIREZ, VICTORIA RAMIREZ, SHERIF SAKR and VIP TRANSPORTER LLC, Defendants. _________................._____________..........------------------X Plaintiff,by her attorney, LAW OFFICE OF EVANS D. PRIESTON, P.C., complaining of the defendant, alleges the following, as and for her complaint: 1. At allrelevant times, plaintiff JOAN FREIRE resided in the County of Queens, City and State of New York. 2. At allrelevant times, defendant ARTHUR RAMIREZ ("ARTHUR") resided in the County of Westchester, Village of Tuckahoe and State of New York. 3. At allrelevant times, defendant VICTORIA RAMIREZ ("VICTORIA") resided in the County of Westchester, Village of Tuckahoe and State of New York. 4. At allrelevant times, defendant VIP TRANSPORTERS LLC ("VIP") was a domestic 186'" limited liabilitycompany, having a place of business at 61-43 Street, Fresh Meadows, NY 11365. 5. At allrelevant times, defendant SHERIF SAKR ("SAKR") resided in the County of Dutchess, City of Poughkeepsie and State of New York. 6. On December 29, 2017, defendant VICTORIA was the owner of a 2007 motor vehicle bearing New York Registration Number BYW2111. 1 FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020 7. On December 29, 2017, defendant VICTORIA maintained the 2007 motor vehicle bearing New York Registration Number BYW2111. 8. On December 29, 2017, defendant VICTORIA controlled the 2007 motor vehicle bearing New York Registration Number BYW2111. 9. On December 29, 2017, defendant VICTORIA managed the 2007 motor vehicle bearing New York Registration Number BYW2111. 10. On December 29, 2017, defendant ARTHUR was the operator of the 2007 motor vehicle bearing New York Registration Number BYW2111, 11. On December 29, 2017, defendant ARTHUR maintained the 2007 motor vehicle bearing New York Registration Number BYW2111. 12. On December 29, 2017, defendant ARTHUR controlled the 2007 motor vehicle bearing New York Registration Number BYW2111. 13. On December 29, 2017, defendant ARTHUR managed the 2007 motor vehicle bearing New York Registration Number BYW2111. 14. On December 29, 2017, defendant VIP was the owner of a 2015 motor vehicle bearing New York Registration Number T701548C. 15. On December 29, 2017, defendant VIP maintained the 2015 motor vehicle bearing New York Registration Number T701548C. 16. On December 29, 2017, defendant VIP controlled the 2015 motor vehicle bearing New York Registration Number T701548C. 17. On December 29, 2017, defendant VIP managed the 2015 motor vehicle bearing New York Registration Number T701548C. 18. On December 29, 2017, defendant SAKR was the operator of the 2015 motor 2 FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020 vehicle bearing New York Registration Number T701548C. 19. On December 29, 2017, defendant SAKR maintained the 2015 motor vehicle bearing New York Registration Number T701548C. 20. On December 29, 2017, defendant SAKR controlled the 2015 motor vehicle bearing New York Registration Number T701548C. 21. On December 29, 2017, defendant SAKR managed the 2015 motor vehicle bearing New York Registration Number T701548C. 22. On December 29, 2017, plaintiff was a lawful passenger in the 2015 motor vehicle bearing New York Registration Number T701548C, owned by defendant VIP and operated by defendant SAKR. 23. At allrelevant times, Maurice Avenue, at or near the intersection of Long Island Expressway in the County of Queens, City and State of New York, were public streets in common use of the residents of the CIty and State of New York and others. 24. At allrelevant times, defendants were solely responsible for the proper and prudent ownership, operation, management, maintenance, and control of their vehicle. 25. On December 29, 2017, the vehicle owned by defendant VIP and operated by defendant SAKR, for which plaintiff was a passenger, struck the vehicle owned by defendant VICTORIA and operated by defendant ARTHUR, at the aforesaid location. 26. The aforesaid occurrence was caused wholly and solely by reason of the carelessness, recklessness and negligence of defendants In the ownership, operation, maintenance, management, and control of their vehicles, without any negugence on the part of plaintiff contributing thereto. 27. As a result of the aforesaid occurrence, plaintiff was rendered sick, sore, lame, 3 FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020 and disabled and have remained so since said occurrence. She sustained nervous shock and continue to suffer mental anguish and great physical pain. She will be compelled to undergo medical aid, treatment, and attention and to expend money and incur obligations for physician's services, medical and hospital expenses for the care and treatment of her injuries; and upon Information and belief, she will be compelled to expend additional sums of money and incur further obligations in the future for additional physician's services, medical and hospital expenses for the further care and treatment of her injuries. She has been incapacitated from attending to her usual duties, functions, occupations, vacations and avocations, and in other ways she has damages, and upon information and belief, may be so Incapacitated in the future and will suffer pecuniary losses. 28. Plaintiff sustained serious injuries as defined in §§ 5102 and S104 of the Insurance Law of the State of New York. 29. Upon information and belief, this action falls within one or more of the exceptions set forth in CPLR 1601. 30. By reason thereof, plaintiff has been damaged in an amount greater than the jurisdictional IImits of the lower Courts of the State of New York. 4 FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020 WHEREFORE, plaintiff demands judgment against defendants, and each of them, jointly and severally, in an amount greater than the jurisdictional limits of the lower Court of the State of New York, together with costs and disbursements. Dated: Long Island City, NY March 6, 2018 Yours, etc. Evans D. Prieston, Esq. LAW OFFICE OF EVANS D. PRIESTON, P.C. Attorney for Plaintiffs 10th 47-40 21"Street, Long Island City, NY 11101 (718) 424-2444 S FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020 fND) VIDUAL YER1FICATION STATE OF NEW YORK) )ss.: COUNTY OF QUEENS) 1,_ on a , ,* am the PlaintliTin the within action. I have read the Complaint and know the contete thereof. The cõñtents are true to own knowledge foregoing my except as to rnatterstherein stated to be alleged upon informallon and belief, and asto those matters I believe them to be true. Plai iff Swom to before me this day of jl CU th , 201 No nry Public ' JU5:1NA WYDBA NOTMii PlNUC STATE OF ilEW YOm HIGHMONu00UNTY L10. #01 (0207'.M 00t©d EXP .....12..ZL bd2.L - - FILED: QUEENS COUNTY CLERK 01/28/2020 04:48 PM INDEX NO. 703456/2018 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 01/28/2020 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ______________._______________________........------------------X JOAN FREIRE, Plaintiff, -against- ARTHUR RAMIREZ, VICTORIA RAMIREZ, SHERIF 5AKR and VIP TRANSPORTER LLC, Defendants _________....---..._ __________________--------------------------X SUMMONS and VERIFIED COMPLAINT Signature (Rule 130-1.1-a) Evans D. Prieston I.AW OFFICE OF EVANS D PRIESTON, P.C. Attorney for Plaintiff 21" 47-40 Street Long Island City, NY 11101 (718) 424-2444