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FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/08/2022
EXHIBIT A
FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 32
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 11/08/2022
07/23/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
----------- __ ______________..________Ç
LAURIE HAFNER,
Plaintiff, COMPLAINT
-against- Index No.
HOMEPRO EXTERIORS INC. and
OMAR RAMOS MENDOZA,
Defendants.
_____________________----------------X
Plaintiff, LAURIE HAFNER, by her attorneys, SURIS & ASSOCIATES, P.C.,
complaining of Defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA,
sets forth and alleges, upon information and belief as follows:
1. Upon information and belief, and at alltimes relevant hereto, Defendant, HOMEPRO
EXTERIORS INC., was, and continues to be, a domestic corporation, duly organized and existing
under and by virtue of the laws of the State of New York.
2. Upon information and belief, and at alltimes relevant hereto, Defendant, HOMEPRO
EXTERIORS INC., was, and is,a foreign corporation, duly licensed to conduct business within the
State of New York.
3. Upon information and belief, and at alltimes relevant hereto, including May 27, 2021,
Defendant, OMAR RAMOS MENDOZA, was, and may continue to be, a resident of 38 Hemy
Court, Pine Bush, NY 12566, 421 South Street, Newburgh, NY 12550, in the County of Orange
4. That at all times relevant hereto, Plaintiff, LAURIE HAFNER, was the properly
restrained passenger in a certain 2015 Toyota motor vehicle, bearing New York license plate number
DJW9141, owned and operated by RALPH HAFNER.
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5. That at all times relevant hereto, Defendant, HOMEPRO EXTERIORS INC., was
an owner of a certain 2007 Intl.tractor trailer motor vehicle, bearing New York license plate number
78771ML.
6. Upon information and belief, and at all times relevant hereto, particularly May 27,
2021, Defendant, OMAR RAMOS MENDOZA, was an agent, servant and/or employee of
Defendant, HOMEPRO EXTERIORS INC., and was actively engaged in the scope of his
employment.
7. That at alltimes relevant hereto, Defendant, OMAR RAMOS MENDOZA, operated
the aforesaid 2007 IntI. tractor trailer motor vehicle, bearing New York license plate number
78771ML, with the knowledge, permission and consent of Defendant, HOMEPRO EXTERIORS
INC.
8. That at alltimes relevant hereto, including May 27, 2021, Defendants, HOMEPRO
EXTERIORS INC, and OMAR RAMOS MENDOZA, had the duty and/or assumed the duty to
properly control, manage, maintain, operate and repair the aforesaid 2007 Int1.tractor trailermotor
vehicle, bearing New York license plate number 78771ML.
9. That at alltimes relevant hereto, including May 27, 2021, Defendants, HOMEPRO
EXTERIORS INC. and OMAR RAMOS MENDOZA, breached their duty to properly control,
manage, maintain, operate and repair the aforesaid 2007 Intl.tractor trailer motor vehicle, bearing
New York license plate number 78771ML.
10. . That at alltimes relevant hereto, including May 27, 2021, Interstate 84, at or about its
intersection with O'haire Road and mile post marker 22.6, in the Town of Wallkill, County of Orange
and State of New York, was, and continues to be, a public roadway in common usage.
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1L That on Thursday, May 27, 2021, at approximately 8:02 a.m., the motor vehicle
owned by Defendant, HOMEPRO EXTERIORS INC., and operated by Defendant, .OMAR
RAMOS MENDOZA, did violently come into contact with and collide with the motor vehicle in
which Plaintiff, LAURIE HAFNER, was a passenger, on Interstate 84, at or about itsintersection
with O'haire Road and mile post marker 22.6, in the Town of Walikill, County of Orange and State
of New York.
12. The subject occurrence was caused solely through the negligence, carelessness and/or
recklessness of Defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA,
without any negligence on the part of Plaintiff, LAURIE HAFNER, contributing thereto.
13. That by reason of the foregoing, Plaintiff, LAURIE HAFNER, suffered a "serious
injury", as defined by §5102(d) of the Insurance Law of the State of New York.
14. That by reason of the fomgoing, Plaintiff, LAURIE HAFNER, suffered economic
loss greater than "basic economic loss", as defined by §5102(a) of the Insurance Law of the State of
New York.
15. The limitations of liability set forth in Article 16 of the CPLR do not apply to the
causes of action alleged herein.
16. That by reason of the foregoing, Plaintiff, LAURIE HAFNER, suffered serious and
protracted personal injuries, some of which are permanent innature, and was rendered sick, sore, lame
and disabled; Plaintiff, LAURIE HAFNER, was further caused to suffer great physical pain,
discomfort and disability, and, upon information and belief, may continue to suffer pain, discomfort
and disability for a long period of time into the future.
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17. That by reason of the foregoing, Plaintiff, LAURIE HAFNER, was caused and
subjected to undergo extensive hospital and/or medical care, aid and treatment, and, uponinformation
and belief, may continue to undergo medical care, aid and treatment for a long period of time to come
in the future, in an effort to cure herself of her injuries.
18. That by reason of the foregoing, Plaintig LAURIE HAFNER, has incuned large
sums and out-of-pocket expenses for medical care, aid, attention and supplies and, upon information
and belief, may continue to incur large sums and out-of-pocket expenses, for medical ca e, aid,
treatment and supplies, in an effort to cure herself ofher injuries.
19. That by reason of the foregoing, Plaintig LAURIE HAFNER, has been damaged
in a sum of money that exceeds the jurisdictional limits of all lower courts which would otherwise
have jurisdictiort
WHEREFORE, Plaintiff, LAURIE HAFNER, demands judgment against
Defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, in a sum of
money that exceeds the jurisdictional limits of alllower Courts, together with interest, costs,
attorneys'
disbursements and fees incurred herein.
Dated: Melville, New York
July 23, 2021
SURIS & AS CIA S, P.C.
By: /
TO STEINHAUS, ESQ.
Attorneys for Plaintiff
395 North Service Road, Suite 302
Melville, New York 11747
(631) 423-9700
File No.: 4027891NR
FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021
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INDIVIDUAL VERIFICATION
STATE OF NEW YORK }
COUNTY OF SUFFOLK } ss.:
I,LAURIE HAFNER, being duly swom, depose and say
I am Plaintiff in the within action; I have read the foregoing SUMMONS AND
COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to
the matters therein alleged upon information and belief, and as to those matters Ibelieve itto be true.
LA HAFNER
Sworn to before me on this
3 day of 70\' , 2021
NOTARY P LIC
RAYMOND J SURIS
NOTARY PUBLIC-STATE OF NEW YORK
No.02SU6106409
OualifiedinSuffolk County
My Commission Expires03-01-2024
FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021
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CERTIFICATION
STATE OF NEW YORK }
COUNTY OF SUFFOLK } ss.:
I, MARIA ZAMBRANO STEINHAUS, an attorney duly admitted to practice in the
Courts of the State of New York, state:
I am an associate of the firm of SURIS & ASSOCIATES, P.C., attorneys of record
for LAURIE in the within action. I pursuant to 22 NYCRR 130-
Plaintiff, HAFNER, hereby certify,
1.1(a) and after forming an inquiry reasonable under the circumstances, that the within
COMPLAINT, and itsrespective contentions, are not frivolous as set forth in and defmed by 22
NYCRR 130-1.1(a).
Dated: Melville, New York
July 23, 2021
MA RANO STEINHAUS
FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 32
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 11/08/2022
07/23/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
INDEX NO.: 2021-
LAURIE HAFNER,
Plaintiff,
- against -
HOMEPRO EXTERTORS INC. and OMARRAMOS MENDOZA,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
SURIS & ASSOCIATES, P.C.
Attorneys for Plaintiff
395 North Service Road, Suite 302
Melville, New York 11747
(631) 423-9700
File No.: 4027891NR
TO:
Attorney(s) for Defendant(s)
ADMISSION OF SERVICE
Serviceofa copy of the within is hereby
admitted.
Dated: ................................................................................................
Attomey(s) for
NOTICE OF ENTRY
PLEASE TAKE NOTICE thatthe withinis a (certified)
truecopy of an Order duly enteredin theoHice of theClerk of the
withinnamed Comt on
Dated:
NOTICE OF SETTLEMENT
PLEASE TAKE NOTICE thatan Order, ofwhich the withinisa ime copy, will be presented forsettlementto theHon.
, one of the judges
ofthe withinnamed Courtin , New York, on
Dated:
Preview
FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 11/08/2022 EXHIBIT A FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF NYSCEF DOC. DOC. NO. NO. 32 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/08/2022 07/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ----------- __ ______________..________Ç LAURIE HAFNER, Plaintiff, COMPLAINT -against- Index No. HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, Defendants. _____________________----------------X Plaintiff, LAURIE HAFNER, by her attorneys, SURIS & ASSOCIATES, P.C., complaining of Defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, sets forth and alleges, upon information and belief as follows: 1. Upon information and belief, and at alltimes relevant hereto, Defendant, HOMEPRO EXTERIORS INC., was, and continues to be, a domestic corporation, duly organized and existing under and by virtue of the laws of the State of New York. 2. Upon information and belief, and at alltimes relevant hereto, Defendant, HOMEPRO EXTERIORS INC., was, and is,a foreign corporation, duly licensed to conduct business within the State of New York. 3. Upon information and belief, and at alltimes relevant hereto, including May 27, 2021, Defendant, OMAR RAMOS MENDOZA, was, and may continue to be, a resident of 38 Hemy Court, Pine Bush, NY 12566, 421 South Street, Newburgh, NY 12550, in the County of Orange 4. That at all times relevant hereto, Plaintiff, LAURIE HAFNER, was the properly restrained passenger in a certain 2015 Toyota motor vehicle, bearing New York license plate number DJW9141, owned and operated by RALPH HAFNER. FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF NYSCEF DOC. DOC. NO. NO. 32 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/08/2022 07/23/2021 5. That at all times relevant hereto, Defendant, HOMEPRO EXTERIORS INC., was an owner of a certain 2007 Intl.tractor trailer motor vehicle, bearing New York license plate number 78771ML. 6. Upon information and belief, and at all times relevant hereto, particularly May 27, 2021, Defendant, OMAR RAMOS MENDOZA, was an agent, servant and/or employee of Defendant, HOMEPRO EXTERIORS INC., and was actively engaged in the scope of his employment. 7. That at alltimes relevant hereto, Defendant, OMAR RAMOS MENDOZA, operated the aforesaid 2007 IntI. tractor trailer motor vehicle, bearing New York license plate number 78771ML, with the knowledge, permission and consent of Defendant, HOMEPRO EXTERIORS INC. 8. That at alltimes relevant hereto, including May 27, 2021, Defendants, HOMEPRO EXTERIORS INC, and OMAR RAMOS MENDOZA, had the duty and/or assumed the duty to properly control, manage, maintain, operate and repair the aforesaid 2007 Int1.tractor trailermotor vehicle, bearing New York license plate number 78771ML. 9. That at alltimes relevant hereto, including May 27, 2021, Defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, breached their duty to properly control, manage, maintain, operate and repair the aforesaid 2007 Intl.tractor trailer motor vehicle, bearing New York license plate number 78771ML. 10. . That at alltimes relevant hereto, including May 27, 2021, Interstate 84, at or about its intersection with O'haire Road and mile post marker 22.6, in the Town of Wallkill, County of Orange and State of New York, was, and continues to be, a public roadway in common usage. FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF NYSCEF DOC. DOC. NO. NO- 32 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/08/2022 07/23/2021 1L That on Thursday, May 27, 2021, at approximately 8:02 a.m., the motor vehicle owned by Defendant, HOMEPRO EXTERIORS INC., and operated by Defendant, .OMAR RAMOS MENDOZA, did violently come into contact with and collide with the motor vehicle in which Plaintiff, LAURIE HAFNER, was a passenger, on Interstate 84, at or about itsintersection with O'haire Road and mile post marker 22.6, in the Town of Walikill, County of Orange and State of New York. 12. The subject occurrence was caused solely through the negligence, carelessness and/or recklessness of Defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, without any negligence on the part of Plaintiff, LAURIE HAFNER, contributing thereto. 13. That by reason of the foregoing, Plaintiff, LAURIE HAFNER, suffered a "serious injury", as defined by §5102(d) of the Insurance Law of the State of New York. 14. That by reason of the fomgoing, Plaintiff, LAURIE HAFNER, suffered economic loss greater than "basic economic loss", as defined by §5102(a) of the Insurance Law of the State of New York. 15. The limitations of liability set forth in Article 16 of the CPLR do not apply to the causes of action alleged herein. 16. That by reason of the foregoing, Plaintiff, LAURIE HAFNER, suffered serious and protracted personal injuries, some of which are permanent innature, and was rendered sick, sore, lame and disabled; Plaintiff, LAURIE HAFNER, was further caused to suffer great physical pain, discomfort and disability, and, upon information and belief, may continue to suffer pain, discomfort and disability for a long period of time into the future. FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 . -..-.... . ------- ---...... ---- - . , --, - -... ...... .- - .-, NYSCEF NYSCEF DOC. DOC. NO. NO. 32 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/08/2022 07/23/2021 17. That by reason of the foregoing, Plaintiff, LAURIE HAFNER, was caused and subjected to undergo extensive hospital and/or medical care, aid and treatment, and, uponinformation and belief, may continue to undergo medical care, aid and treatment for a long period of time to come in the future, in an effort to cure herself of her injuries. 18. That by reason of the foregoing, Plaintig LAURIE HAFNER, has incuned large sums and out-of-pocket expenses for medical care, aid, attention and supplies and, upon information and belief, may continue to incur large sums and out-of-pocket expenses, for medical ca e, aid, treatment and supplies, in an effort to cure herself ofher injuries. 19. That by reason of the foregoing, Plaintig LAURIE HAFNER, has been damaged in a sum of money that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdictiort WHEREFORE, Plaintiff, LAURIE HAFNER, demands judgment against Defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, in a sum of money that exceeds the jurisdictional limits of alllower Courts, together with interest, costs, attorneys' disbursements and fees incurred herein. Dated: Melville, New York July 23, 2021 SURIS & AS CIA S, P.C. By: / TO STEINHAUS, ESQ. Attorneys for Plaintiff 395 North Service Road, Suite 302 Melville, New York 11747 (631) 423-9700 File No.: 4027891NR FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF NYSCEF DOC. DOC. NO. NO. 32 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/08/2022 07/23/2021 INDIVIDUAL VERIFICATION STATE OF NEW YORK } COUNTY OF SUFFOLK } ss.: I,LAURIE HAFNER, being duly swom, depose and say I am Plaintiff in the within action; I have read the foregoing SUMMONS AND COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters therein alleged upon information and belief, and as to those matters Ibelieve itto be true. LA HAFNER Sworn to before me on this 3 day of 70\' , 2021 NOTARY P LIC RAYMOND J SURIS NOTARY PUBLIC-STATE OF NEW YORK No.02SU6106409 OualifiedinSuffolk County My Commission Expires03-01-2024 FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF NYSCEF DOC. DOC. NO. NO. 32 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/08/2022 07/23/2021 CERTIFICATION STATE OF NEW YORK } COUNTY OF SUFFOLK } ss.: I, MARIA ZAMBRANO STEINHAUS, an attorney duly admitted to practice in the Courts of the State of New York, state: I am an associate of the firm of SURIS & ASSOCIATES, P.C., attorneys of record for LAURIE in the within action. I pursuant to 22 NYCRR 130- Plaintiff, HAFNER, hereby certify, 1.1(a) and after forming an inquiry reasonable under the circumstances, that the within COMPLAINT, and itsrespective contentions, are not frivolous as set forth in and defmed by 22 NYCRR 130-1.1(a). Dated: Melville, New York July 23, 2021 MA RANO STEINHAUS FILED: ORANGE COUNTY CLERK 11/08/2022 04:23 PM INDEX NO. EF005199-2021 NYSCEF NYSCEF DOC. DOC. NO. NO. 32 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/08/2022 07/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE INDEX NO.: 2021- LAURIE HAFNER, Plaintiff, - against - HOMEPRO EXTERTORS INC. and OMARRAMOS MENDOZA, Defendants. SUMMONS AND VERIFIED COMPLAINT SURIS & ASSOCIATES, P.C. Attorneys for Plaintiff 395 North Service Road, Suite 302 Melville, New York 11747 (631) 423-9700 File No.: 4027891NR TO: Attorney(s) for Defendant(s) ADMISSION OF SERVICE Serviceofa copy of the within is hereby admitted. Dated: ................................................................................................ Attomey(s) for NOTICE OF ENTRY PLEASE TAKE NOTICE thatthe withinis a (certified) truecopy of an Order duly enteredin theoHice of theClerk of the withinnamed Comt on Dated: NOTICE OF SETTLEMENT PLEASE TAKE NOTICE thatan Order, ofwhich the withinisa ime copy, will be presented forsettlementto theHon. , one of the judges ofthe withinnamed Courtin , New York, on Dated: