Preview
FILED: KINGS COUNTY CLERK 10/03/2018
03/23/2021 01:51
04:15 PM INDEX NO. 519867/2018
NYSCEF DOC. NO. 1
44 RECEIVED NYSCEF: 10/03/2018
03/23/2021
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS
¬------------------------------------ --------------------X Date Purchased:
RAUL SANTILLAN,
SUMMONS
Plaintiff,
Plaintiff designates
- agamst -
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:
90th
33-05
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 ismade by delivery upon you personally within the
state, or within thirty (30) days after completion of service where service is made in any other
manner. 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: Forest Hills, New York
October 2, 2018
Ronald W Ranu z
LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
107-19 71st 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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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 CAUSE 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 number
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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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 mentioned, 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 mentioned, 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. WAIBA 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,
2
3 of 7
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management, maintenance, and control of the aforesaid 2013 Toyota motor vehicle, and were
otherwise 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 attending 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 falls within 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
"1"
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 all lower courts which would
otherwise have jurisdiction; Plaintiff demands judgment against Defendants on the Second Cause
of Action herein in the amount of $7,500.00; together with the costs and disbursements of this
action.
3
4 of 7
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NYSCEF DOC. NO. 1
44 RECEIVED NYSCEF: 10/03/2018
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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
4
5 of 7
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NYSCEF DOC. NO. 1
44 RECEIVED NYSCEF: 10/03/2018
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PLAINTIFF'S VERIFICATION
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 I
believe them to be true. My belief as to those matters therein not stated upon knowledge, is based
upon facts, records, and other pertinent information contained in my personal files.
Dated: Forest Hills, New York
October,2 , 2018
RAUL SAl LLAN
Sworn to before me this
2#6 of October, 2018
day
NOTARY PUB C
VENDY MADDEN
Notary Public,
Stateof New York
No. 01MA4642553
QualifiedIn QueensCount
Commission ExpiresAugust
21,-
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FILED: KINGS COUNTY CLERK 10/03/2018
03/23/2021 01:51
04:15 PM INDEX NO. 519867/2018
NYSCEF DOC. NO. 1
44 RECEIVED NYSCEF: 10/03/2018
03/23/2021
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) 261-6161
Fax No.: (718) 268-3045
RR @ RWRAMIREZ.COM
CERTIFICATION:
To the best of the üñdersigned's knowledge, infor-:'°:: and belief, formed after an inquiry
reasonable under the circu=stances, the within document(s) and castêñtiens cañ‡aiñêd
thercia are not frivolous as defined in 22 NYCRR §130-1.1-a.
Dated: Forest Hills,New York
October 2, 2018
RON D Z
7 of 7
Preview
FILED: KINGS COUNTY CLERK 10/03/2018 03/23/2021 01:51 04:15 PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 1 44 RECEIVED NYSCEF: 10/03/2018 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS ¬------------------------------------ --------------------X Date Purchased: RAUL SANTILLAN, SUMMONS Plaintiff, Plaintiff designates - agamst - 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: 90th 33-05 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 ismade by delivery upon you personally within the state, or within thirty (30) days after completion of service where service is made in any other manner. 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: Forest Hills, New York October 2, 2018 Ronald W Ranu z LAW OFFICE OF RONALD W. RAMIREZ Attorneys for Plaintiff 107-19 71st 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 1 of 7 FILED: KINGS COUNTY CLERK 10/03/2018 03/23/2021 01:51 04:15 PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 1 44 RECEIVED NYSCEF: 10/03/2018 03/23/2021 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 CAUSE 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 number 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. 2 of 7 FILED: KINGS COUNTY CLERK 10/03/2018 03/23/2021 01:51 04:15 PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 1 44 RECEIVED NYSCEF: 10/03/2018 03/23/2021 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 mentioned, 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 mentioned, 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. WAIBA 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, 2 3 of 7 FILED: KINGS COUNTY CLERK 10/03/2018 03/23/2021 01:51 04:15 PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 1 44 RECEIVED NYSCEF: 10/03/2018 03/23/2021 management, maintenance, and control of the aforesaid 2013 Toyota motor vehicle, and were otherwise 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 attending 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 falls within 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 "1" 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 all lower courts which would otherwise have jurisdiction; Plaintiff demands judgment against Defendants on the Second Cause of Action herein in the amount of $7,500.00; together with the costs and disbursements of this action. 3 4 of 7 FILED: KINGS COUNTY CLERK 10/03/2018 03/23/2021 01:51 04:15 PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 1 44 RECEIVED NYSCEF: 10/03/2018 03/23/2021 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 4 5 of 7 FILED: KINGS COUNTY CLERK 10/03/2018 03/23/2021 01:51 04:15 PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 1 44 RECEIVED NYSCEF: 10/03/2018 03/23/2021 PLAINTIFF'S VERIFICATION 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 I believe them to be true. My belief as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my personal files. Dated: Forest Hills, New York October,2 , 2018 RAUL SAl LLAN Sworn to before me this 2#6 of October, 2018 day NOTARY PUB C VENDY MADDEN Notary Public, Stateof New York No. 01MA4642553 QualifiedIn QueensCount Commission ExpiresAugust 21,- 6 of 7 FILED: KINGS COUNTY CLERK 10/03/2018 03/23/2021 01:51 04:15 PM INDEX NO. 519867/2018 NYSCEF DOC. NO. 1 44 RECEIVED NYSCEF: 10/03/2018 03/23/2021 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) 261-6161 Fax No.: (718) 268-3045 RR @ RWRAMIREZ.COM CERTIFICATION: To the best of the üñdersigned's knowledge, infor-:'°:: and belief, formed after an inquiry reasonable under the circu=stances, the within document(s) and castêñtiens cañ‡aiñêd thercia are not frivolous as defined in 22 NYCRR §130-1.1-a. Dated: Forest Hills,New York October 2, 2018 RON D Z 7 of 7