Preview
FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/21/2018
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FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/21/2018
SUPREME COURT OF THE STATE OF NEW YOFX
COUNTY OF KINGS
Index No.
----__ 7
---------------------------------------------x
LEONARD C. LEWIS,
Plaintiff, Plaintiff s Residence
528 East 38th Street
against NY 11226
Brooklyn,
ALTON A. ELLIS and LUTHER M. RUFUS, The basis venue designated is:
of
Plaintiff(s) residence.
Defendant,
---- ----------- ----------------------x
To the above named Defendant(s)
on are Ijereby gummoneb to answer the con plaint 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 plaintiffs attorney(s) within twenty days after the services of this suminons
exclusive of the day of service, where service is made by delivery upon you personally within the
state,or within 30 days after completion of service where service is made in any other;üaññèr. In
case of your failure to appear or answer, judgreent will be taken against you by default for the
reliefdemanded in the complaint.
DATED: Nev/ York, New York
October 23, 2017
ÏIar on, Lin r & Rogowsky
ittc neys fo Plaintiff(s)
3 Pek Av ue, 23rd Floor
Suit 23
New k, NY 10016
Defendant's Address:
ALTON A. ELLIS
145-74 221 Street
Queens, NY 11413
LUTHER M. RUFUS
94 Lots Street
Brooklyn, NY 11226
FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/21/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------x
LEONARD C. LEWIS,
VERIFIED COMPLAINT
Plaintiff,
-against-
ALTON A. ELLIS and LUTHER M. RUFUS,
Defendants.
__________ ------------------------------x
Plaintiff, complaining of the defendants herein by his attorneys,
HARMON, LINDER & ROGOWSKY, ESQS., respectfully sets forth and
alleges, as follows:
AS AND FOR A CAUSE OF ACTION
ON BEHALF OF LEONAh-LEWIS
1. That at the time of the commencement of this action plaintiff was
a resident of the County of KINGS, State of New York.
2. That at all times herein mentioned defendant, ALTON A. ELLIS, was
the owner and operator of an automobile bearing registration number
HMJ8131, State of New York.
3. That at all times herein mentioned defendant, LUTHER M. RUFUS,
was the owner and operator of an automobile bearing registration
number HDX1220, State of New York.
FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/21/2018
4. That at all times herein mentioned plaintiff, LEONARD C. LEWIS,
was a passenger of the aforesaid motor vehicle bearing registration
number HMJ8131, State of New York.
5. That on the Twenty-Ninth day of April, 2017, at approximately
11:45 p.m., the aforesaid vehicles came into contact with each other
on 221st Street, at or near its intersection with Springfield Lane,
a public street and thoroughfare, in the County of Queens, State of
New York.
6. The defendants so carelessly and negligently operated their
aforesaid respective vehicles so as to cause the aforesaid contact.
7. That as a result of the foregoing, this plaintiff was caused to
and did sustain severe and serious injuries and was required to seek
and obtain medical care and attention in an effort to cure and
alleviate same and, upon information and belief, will be compelled
to do so in the future.
8. That the aforesaid occurrence and the injuries sustained by this
plaintiff were caused by the negligence of the defendants.
FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/21/2018
9. That this plaintiff has sustainec a serious injury as the same is
"d"
defined in Subdivision of Secticn 5102 of the Insurance Law of
the State of New York.
10. This action falls within one or more of the exceptions set
forth in CPLR section 1602.
11. That by reason of the foregoing, plaintiff, LEONARD C. LEWIS,
has been damaged in an amount which exceeds the jurisdictional
limits of all lower courts that would otherwise have jurisdiction.
WHEREFORE, plaintiff, LEONARD C. LEWIS, demands judgement
against the defendants in the Cause of Action in an amount which
exceeds the jurisdictional limits of all lower courts that would
otherwise have together with the costs and dis-
jurisdiction; all
bursements of this action.
Dated: New York, NY
September 30, 2017
HARMON, L:NDER ROGOWSKY, ESQS.
Attorney( f t Plaintiff(s)
3 Park A nu , Suite 2300
New York, .w York 10016
(212) 732-3665
MJL/mj
FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/21/2018
ATTORNEY'S VERI_FICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK)
I,the undersigned, am an attorney admitted to practice in the Courts of New York State,
and say that:
I am the attorney of record or of counsel with the attorney(s) of record for plaintiff.
I have read the annexed SUMMONS AND VERIFIED COMPLAINT and know the
contents thereof and the same are true to my knowledge, except those rnatters therein which are
stated to be alleged on information and belief. As to hose matters, I believe them to be true.
My belief, as to those matters therein not stated upon knowledge is based upon the following:
Interviews and/or discussions with the plaintiff(s) anc. papers and/or documents in the file.
The reasons I make this affirmation instead of the plaintiff is because said plaintiff
resides outside of the county from where your deponent maintains his office forthe practice of
law.
Dated: New York, New York
October 23, 2017
Mark J. Li c rEsq.,
FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/21/2018
Index No. Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
.____________--..-------------------______
LEONARD C. LEWIS,
Plaintiff,
against
ALTON A. ELLIS and LUTHER M. RUFUS,
_______________ _____________.._______________
SUMMONS AND VERIFIED COMPLAINT
_____________..___________________._______ ___
HARMON, LINDER & ROGQSWKY, ESQS.
Attorney for Plaintiff(s)
3 Park Avenue, 23rd Floor
Suite 2300
New York, NY 10016
(212) 732-3665 1%one
(212) 732-1462 Fe esimile
To:
Attorney(s) for Defendant
Service of a copy of the within Summons and Complaint is hereby admitted.
Dated:
Attorney(s) f cr
---------.____________ _ _ _ _ ___ _______..___________ .__..___________
PLEASE TAKE NOTICE
Notice of Entry thatthe within is true
a (certified) copy of a
entered inthe office ofthe clerk ofthe wit1innamed Court on
O Notice of Settlement
thatan order ofwhich the within is a true
copy willbe presented forsettlement to the
Hon. , one ofthe judges ofthe w|thin named Court, at ,
on .
Dated: October 23, 2017
Yours, etc.
Harmon, Linder & Rogowsky
Attorneysfor Plaintiff
3 Park Avenue, 23rdFloor
Suite 2300
New York, NY 10016
(212) 732-3665
Preview
FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/21/2018 a p m a &P FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/21/2018 SUPREME COURT OF THE STATE OF NEW YOFX COUNTY OF KINGS Index No. ----__ 7 ---------------------------------------------x LEONARD C. LEWIS, Plaintiff, Plaintiff s Residence 528 East 38th Street against NY 11226 Brooklyn, ALTON A. ELLIS and LUTHER M. RUFUS, The basis venue designated is: of Plaintiff(s) residence. Defendant, ---- ----------- ----------------------x To the above named Defendant(s) on are Ijereby gummoneb to answer the con plaint 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 plaintiffs attorney(s) within twenty days after the services of this suminons exclusive of the day of service, where service is made by delivery upon you personally within the state,or within 30 days after completion of service where service is made in any other;üaññèr. In case of your failure to appear or answer, judgreent will be taken against you by default for the reliefdemanded in the complaint. DATED: Nev/ York, New York October 23, 2017 ÏIar on, Lin r & Rogowsky ittc neys fo Plaintiff(s) 3 Pek Av ue, 23rd Floor Suit 23 New k, NY 10016 Defendant's Address: ALTON A. ELLIS 145-74 221 Street Queens, NY 11413 LUTHER M. RUFUS 94 Lots Street Brooklyn, NY 11226 FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/21/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------x LEONARD C. LEWIS, VERIFIED COMPLAINT Plaintiff, -against- ALTON A. ELLIS and LUTHER M. RUFUS, Defendants. __________ ------------------------------x Plaintiff, complaining of the defendants herein by his attorneys, HARMON, LINDER & ROGOWSKY, ESQS., respectfully sets forth and alleges, as follows: AS AND FOR A CAUSE OF ACTION ON BEHALF OF LEONAh-LEWIS 1. That at the time of the commencement of this action plaintiff was a resident of the County of KINGS, State of New York. 2. That at all times herein mentioned defendant, ALTON A. ELLIS, was the owner and operator of an automobile bearing registration number HMJ8131, State of New York. 3. That at all times herein mentioned defendant, LUTHER M. RUFUS, was the owner and operator of an automobile bearing registration number HDX1220, State of New York. FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/21/2018 4. That at all times herein mentioned plaintiff, LEONARD C. LEWIS, was a passenger of the aforesaid motor vehicle bearing registration number HMJ8131, State of New York. 5. That on the Twenty-Ninth day of April, 2017, at approximately 11:45 p.m., the aforesaid vehicles came into contact with each other on 221st Street, at or near its intersection with Springfield Lane, a public street and thoroughfare, in the County of Queens, State of New York. 6. The defendants so carelessly and negligently operated their aforesaid respective vehicles so as to cause the aforesaid contact. 7. That as a result of the foregoing, this plaintiff was caused to and did sustain severe and serious injuries and was required to seek and obtain medical care and attention in an effort to cure and alleviate same and, upon information and belief, will be compelled to do so in the future. 8. That the aforesaid occurrence and the injuries sustained by this plaintiff were caused by the negligence of the defendants. FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/21/2018 9. That this plaintiff has sustainec a serious injury as the same is "d" defined in Subdivision of Secticn 5102 of the Insurance Law of the State of New York. 10. This action falls within one or more of the exceptions set forth in CPLR section 1602. 11. That by reason of the foregoing, plaintiff, LEONARD C. LEWIS, has been damaged in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. WHEREFORE, plaintiff, LEONARD C. LEWIS, demands judgement against the defendants in the Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have together with the costs and dis- jurisdiction; all bursements of this action. Dated: New York, NY September 30, 2017 HARMON, L:NDER ROGOWSKY, ESQS. Attorney( f t Plaintiff(s) 3 Park A nu , Suite 2300 New York, .w York 10016 (212) 732-3665 MJL/mj FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/21/2018 ATTORNEY'S VERI_FICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK) I,the undersigned, am an attorney admitted to practice in the Courts of New York State, and say that: I am the attorney of record or of counsel with the attorney(s) of record for plaintiff. I have read the annexed SUMMONS AND VERIFIED COMPLAINT and know the contents thereof and the same are true to my knowledge, except those rnatters therein which are stated to be alleged on information and belief. As to hose matters, I believe them to be true. My belief, as to those matters therein not stated upon knowledge is based upon the following: Interviews and/or discussions with the plaintiff(s) anc. papers and/or documents in the file. The reasons I make this affirmation instead of the plaintiff is because said plaintiff resides outside of the county from where your deponent maintains his office forthe practice of law. Dated: New York, New York October 23, 2017 Mark J. Li c rEsq., FILED: KINGS COUNTY CLERK 12/21/2018 05:48 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/21/2018 Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS .____________--..-------------------______ LEONARD C. LEWIS, Plaintiff, against ALTON A. ELLIS and LUTHER M. RUFUS, _______________ _____________.._______________ SUMMONS AND VERIFIED COMPLAINT _____________..___________________._______ ___ HARMON, LINDER & ROGQSWKY, ESQS. Attorney for Plaintiff(s) 3 Park Avenue, 23rd Floor Suite 2300 New York, NY 10016 (212) 732-3665 1%one (212) 732-1462 Fe esimile To: Attorney(s) for Defendant Service of a copy of the within Summons and Complaint is hereby admitted. Dated: Attorney(s) f cr ---------.____________ _ _ _ _ ___ _______..___________ .__..___________ PLEASE TAKE NOTICE Notice of Entry thatthe within is true a (certified) copy of a entered inthe office ofthe clerk ofthe wit1innamed Court on O Notice of Settlement thatan order ofwhich the within is a true copy willbe presented forsettlement to the Hon. , one ofthe judges ofthe w|thin named Court, at , on . Dated: October 23, 2017 Yours, etc. Harmon, Linder & Rogowsky Attorneysfor Plaintiff 3 Park Avenue, 23rdFloor Suite 2300 New York, NY 10016 (212) 732-3665