Preview
FILED: KINGS COUNTY CLERK 02/04/2021 10:55 AM INDEX NO. 519867/2018
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 02/04/2021
Exhibit A
FILED: KINGS COUNTY CLERK 02/04/2021 10:55 AM INDEX NO. 519867/2018
NYSCEF DOC. NO. 29 COUNTY RECEIVED
INDEX NO.
NYSCEF: 02/04/2021
519867/2018
FILED: KINGS CLERK 10/03 / 2 018 01: 51 PE
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS
-----------------------------------------------------..-----.--X Date Purchased:
RAUL SANT(LLAN,
SUMMONS
Plaintiff,
Plaintiff designates
- against -
Kings County as the place of trial
THE NEW WORLD SERVICE INC. and The basis of venue is:
MANA M. WAIBA, CPLR § 503(a): where
county
accident occurred
Defendants.
------------------------------------------------------------X Plaintiff resides at:
90*
33-05 Street
Jackson Heights, NY
County of Queens
To the above named Defendants:
You are hereby summoned to answer the complaint in this action, and to serve a
copy of your answer, of if the complaint is not served with this summons, to serve a notice of
appearance on the Plaintiff's attorneys within twenty (20) days after the services of this summons
exclusive of the day of service, where service is made by delivery upon you personally within the
state,or within thirty(30) days after completion of service where service ismade in any other
manner. In case of your failure to appear or answer, judgment will be taken against you by
default for the reliefdemanded in the complaint.
Dated: Forest Hills, New York
October 2, 2018
Ronald W Ram z
LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
107-1971st Avenue
Forest Hills, New York 11375
(718) 261-6161
FileNo.: 180012
DEFENDANTS'
ADDRESSES:
THE NEW WORLD SERVICE INC.
10 Yorktown Road
Dix Hills, NY 11746
MANA M. WAIBA
82"d 1"
45-18 Street, Floor
Elmhurst, NY 11373
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519867/2018
(FILED: KINGS CLERK 10 /03 /2 018 01: 51 Pl$
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_.._______.-._.._______......--....--------------X
RAUL SANTILLAN,
Plaintiff,
- against - VERIFIED COMPLAINT
THE NEW WORLD SERVICE INC. and
MANA M. WAIBA,
Defendants.
__..___.._______...--..........___----------.------X
Plaintiff, by his attorneys, the LAW OFFICE OF RONALD W. RAMIREZ,
complaining of Defendants, respectfully alleges, upon information and belief, as follows:
AS AND FOR A FIRST CA1JSF, OF ACTION
1. The cause of action alleged herein arose in the County of Kings, State of New
York.
2. At all times herein mentioned, Defendant THE NEW WORLD SERVICE INC.
was the title owner of a 2013 Toyota motor vehicle bearing New York State license plate ñümber
T490145C.
3. At all times herein mentioned, Defendant THE NEW WORLD SERVICE INC.
was the registered owner of a 2013 Toyota motor vehicle bearing New York State license plate
number T490145C.
4. At all times herein mentioned, Defendant MANA M. WAIBA operated the
aforesaid 2013 Toyota motor vehicle.
5. At all times herein mentioned, Defendant MANA M. WAIBA operated the
aforesaid 2013 Toyota motor vehicle with the knowledge, permission and consent of the owner,
Defendant THE NEW WORLD SERVICE INC.
6. At all times herein mentioned, Defendant MANA M. WAIBA operated the
aforesaid 2013 Toyota motor vehicle while in the course of his employment with Defendant THE
NEW WORLD SERVICE INC.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018
7. At all times herein mentioned, Defendant THE NEW WORLD SERVICE INC.
managed the aforesaid 2013 Toyota motor vehicle.
8. At all times herein mentioned, Defendant THE NEW WORLD SERVICE INC.
maintained the aforesaid 2013 Toyota motor vehicle.
9. At all times herein sicütioned, Defendant MANA M. WAIBA controlled the
aforesaid 2013 Toyota motor vehicle.
10. At all times herein mentioned, Plaintiff was the owner and operator of a 2008
Nissan motor vehicle bearing New York State registration number X776DY.
11. At all times herein memioned, Wyckoff Avenue at or near Eldert Street, in the
County of Kings, State of New York, was and is a public roadway and/or thoroughfare.
12. On 5/6/18 at approximately 12:00 a.m. Defendant MANA M. WAIBA was
operating the aforesaid 2013 Toyota motor vehicle southbound on Wyckoff Avenue at or near
Eldert Street at the aforesaid location.
13. On 5/6/18 at approximately 12:00 a.m. Plaintiff was operating the aforesaid 2008
Nissan motor vehicle southbound on Wyckoff Avenue at or near Eldert Street at the aforesaid
location.
14. On 5/6/18 at approximately 12:00 a.m. at the aforesaid location, the aforesaid
2013 Toyota motor vehicle owned by Defendant THE NEW WORLD SERVICE INC. and
operated by Defendant MANA M. WAlBA suddenly began to make an illegal U-turn, and came
into contact with and struck Plaintiff's aforesaid 2008 Nissan motor vehicle.
15. As a result of the aforesaid occurrence, Plaintiff was injured.
16. The aforesaid occurrence was caused wholly and solely by reason of the
carelessness, recklessness and negligence of Defendants, without any fault or negligence on the
part of Plaintiff contributing thereto.
17. Defendants were careless, reckless and negligent in the ownership, operation,
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management, maletenance, and control of the aforesaid 2013 Toyota motor vehicle, and were
õtherwise careless, reckless and grossly negligent under the circumstances then and there
prevailing.
18. By reason of the foregoing, Plaintiff sustained severe and permanent personal
injuries, became sick, sore, lame and disabled; suffered injuries to the nervous system; suffered
mental anguish; was confined to bed and home and may, in the future, be so confined; was
incapacitated from atteñdiñg to his usual duties and vocation and may, in the future, be so
incapacitated; will suffer a loss and/or limitation of quality and enjoyment of life;and Plaintiff
was otherwise damaged.
19. Plaintiff sustained serious injuries as defined by §5102 (d) of the Insurance Law
of the State of New York and economic loss greater than basic economic loss as defined by
§5104 of the Insurance Law of the State of New York.
20. This action fallswithin one or more of the exceptions as set forth in CPLR §l602.
21. By reason of the foregoing, Plaintiff has been damaged in an amount that exceeds
the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
22. Plaintiff repeats, reiterates and realleges each and every allegation contained in
"i"
Paragraphs through "20", inclusive, with the same force and effect as though more fully set
forth herein.
23. As a result of the aforesaid, Plaintiff sustained property damage to his aforesaid
2008 Nissan motor vehicle in the amount of $7,500.00.
WHEREFORE, Plaintiff demands judgment against Defendants on the First Cause of
Action herein in an amount that exceeds the jurisdictional limits of alllower courts which would
otherwise have Plaintiff der. as judgment against Defendants on the Second Cause
jurisdiction;
of Action herein in the amoüñt of $7,500.00; together with the costs and disbursements of this
action.
3
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FILED: KINGS CLERK 10 /03/2018 01: 51 P1dj
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018
Dated: Forest Hills, New York
October 2, 2018
Ronald W. R irez
LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
71"
107-19 Avenue
Forest Hills, New York 11375
(718) 261-6161
FileNo. 180012
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FILED: KINGS COUNTY CLERK 02/04/2021 10:55 AM INDEX NO. 519867/2018
NYSCEF DOC. NO. 29 COUNTY INDEX
RECEIVED NO. 519867/2018
NYSCEF: 02/04/2021
FILED : KINGS CLERK 10/03/2018 01:51 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018
PLAINTIFF'S_YERIFICATION
STATE OF NEW YORK )
:ss.:
COUNTY OF QUEENS )
RAUL SANTILLAN, being duly sworn, says:
I am the Plaintiff in the action herein: I have read the annexed
COMPLAINT
and know the contents thereof, and the same are true to my knowledge, except those matters
therein which are stated to be alleged upon information and belief, and as to those matters 1
believe them to be true. My belief as to those matters therein not stated upon kncwledge, is based
upon facts, records, and other pertinent information contained in my personal files.
Dated: Forest Hills, New York
October.2 , 2018
RAUL SA ILLAN
Sworn to before me this
PC day of October, 2018
NOTARY PUB C
WENOY MADOEN
N:,teryPub0c,StateofNewYork
No,01MA/642553
Quaimed in OveensCount
CommissionExpires Aegast 21, ...
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NYSCEF
FILED
DOC.
:
NO.
KINGS
29 COUNTY CLERK 10/03 /2 018 01: 51 RECEIVED
INDEX NYSCEF:
NO. 02/04/2021
519867/2018
Ply
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
RAUL SANTILLAN,
Plaintiff,
- against -
THE NEW WORLD SERVICE INC, and MANA M. WAIBA,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
107-19 71st Avenue
Forest Hills, New York 11375
Tel. No.: (718) 261-6t61
Fax No.: (718) 268-3045
RR @ RWRAMIREZ.COM
CERTIFICATION:
To thebest of the undersigned's knowledge, information and belief,formed after an inquiry
r==±:c under the circ=::=t:=ees, the within document(s) and wñ:caticas contained
therein are not frivolous as defined in 22 NYCRR §130-1.1-a.
Dated: Forest Hills, New York
October 2, 2018
RON D Z
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