Motion for Order to Post in Charles Mcdonough v. Dajour A Brown, Najoir J Byers| Trellis.Law

On December 14, 2021 a Complaint,Petition was filed involving a dispute between Charles Mcdonough, and Dajour A Brown, Najoir J Byers, for Torts - Motor Vehicle in the District Court of Orange County.

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FILED: ORANGE COUNTY CLERK 04/21/2022 02:33 PM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/21/2022

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
--------------------------------------------------------------------------X Index No.: EF008166/2021

CHARLES MCDONOUGH,

Plaintiff, NOTICE PURSUANT TO
CPLR 3402(B)
-against-

DAJOUR A. BROWN and NAJOIR J. BYERS,

Defendants.
________________________________________________________________________Ç
DAJOUR A. BROWN and NAJOIR J. BYERS,

Third-Party Plaintiffs

-against-

HEATHER FERRARA

Third-Party Defendant
--------------------------------------------------------------------------
X
C O U N S E L O R S:

PLEASE TAKE NOTICE, that by the Third-Party Summons dated April 21, 2022, has

been brought in as Third-Party Defendant in the above-entitled action, and that the title of said

action has been changed to read as herein above set forth.

DATED: Williamsville, NY
April 21, 2022

Respectfully submitted,

Shayna D. Gorski, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendants
Dajour A. Brown and Najoir J. Byers
One Executive Boulevard, Suite 280

Williamsville, NY 10701

(716) 810-1320
Our File No.: 205112378-001

Filedin Orange County 04/21/2022 02:33:45 PM $210.00 Bk: 1 of
5147 10 Pg: 1026 Index: # EF008166-2021 Clerk:DK
FILED: ORANGE COUNTY CLERK 04/21/2022 02:33 PM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/21/2022

TO: Heather Ferrara

385 Route 32

Central Valley, NY 10917

CC: Joseph M. Pugliese, Esq.

MAINETTI & MAINETTI, P.C.

Attorney for Plaintiff
Charles McDonough
130 N. Front Street

Kingston, NY 12401

(845) 600-0000

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FILED: ORANGE COUNTY CLERK 04/21/2022 02:33 PM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/21/2022

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
--------------------------------------------------------------X Index No.: EF008166/2021
CHARLES MCDONOUGH,

Plaintiff, THIRD PARTY SUMMONS

-against-

DAJOUR A. BROWN and NAJOIR J. BYERS,

Defendants.
_______________________________________Ç
DAJOUR A. BROWN and NAJOIR J. BYERS,

Third-Party Plaintiffs

-against-

Heather Ferrara

Third-Party Defendant
_____________________________________________ x
TO THE ABOVE-NAMED THIRD-PARTY DEFENDANT:

YOU ARE HEREBY SUMMONED to answer the Third-Party Complaint of the

Third-Party Plaintiff and of the Plaintiff, a copy of which is hereby served upon you, and to serve

copies of your Answer upon the undersigned, attorneys for the Third-Party Plaintiff, and upon

MAINETTI & MAINETTI, P.C., attorneys for Plaintiff, whose address is 130 North Front

Street, within twenty (20) days after service of this Third-Party Summons and Verified

Complaint, exclusive of the date of service or, if service of this Third-Party Summons and

Verified Complaint is made by any means other than by personal delivery to you, within thirty

(30) days after such service is completed.

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FILED: ORANGE COUNTY CLERK 04/21/2022 02:33 PM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/21/2022

IN CASE OF YOUR FAILURE to answer the Third-Party Verified Complaint of the

Third-Party Plaintiff, judgment will be taken against you by default for relief demanded in the

Third-Party Verified Complaint.

DATED: Williamsville, NY
April 21, 2022

Respectfully submitted,

Shayna D. Gorski, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendants
Dajour A. Brown and Najoir J. Byers
One Executive Boulevard, Suite 280

Williamsville, NY 10701

(716) 810-1320
Our File No.: 205112378-001

TO: Heather Ferrara

385 Route 32

Central Valley, NY 10917

CC: Joseph M. Pugliese, Esq.

MAINETTI & MAINETTI, P.C.

Attorney for Plaintiff
Charles McDonough

130 N. Front Street

Kingston, NY 12401

(845) 600-0000

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FILED: ORANGE COUNTY CLERK 04/21/2022 02:33 PM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/21/2022

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
--------------------------------------------------------------X Index No.: EF008166/2021
CHARLES MCDONOUGH,

Plaintiff, THIRD-PARTY VERIFIED
COMPLAINT
-against-

DAJOUR A. BROWN and NAJOIR J. BYERS,

Defendants.
_______________________________________Ç
DAJOUR A. BROWN and NAJOIR J. BYERS,

Third-Party Plaintiffs

-against-

Heather Ferrara

Third-Party Defendant
_____________________________________________x

Defendants/Third-Party Plaintiffs DAJOUR A. BROWN and NAJOIR J. BYERS, by

Plaintiffs'
Defendants/Third-Party attorneys, LAW OFFICES OF JENNIFER S. ADAMS, as

and for a Third-Party Verified Complaint against the Third-Party Defendant, HEATHER

FERRARA, allege:

1. That the Defendants/Third-Party Plaintiffs were served with a Summons and

Verified Complaint dated December 14, 2021, to recover for personal injuries and property

damage allegedly sustained by the Plaintiff.

2. Annexed hereto as EXHIBIT A and made a part hereof is a copy of the Summons

Defendants'
and Verified Complaint, along with a copy of Notice of Appearance and Verified

Answer in the instant action. Same is made a part hereof as ifset forth fully at length herein.

Third-Party Plaintiffs beg leave to refer to said Plaintiffs Verified Complaint on the trialof this

action.

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FILED: ORANGE COUNTY CLERK 04/21/2022 02:33 PM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/21/2022

3. At all times hereinafter mentioned, Defendant/Third-Party Plaintiffs were

residents of Dutchess County, New York.

4. At all times hereinafter mentioned, Defendant/Third-Party Defendant was a

resident of Orange County, New York.

5. At all times hereinafter mentioned, Defendant/Third-Party Defendant was the

owner and operator of a motor vehicle on December 20, 2020.

6. On December 20, 2020, Defendant/Third-Party Defendant pulled from a stop

sign, failing to yield the right-of-way to Defendant/Third-Party Plaintiffs, which resulted in a

collision.

7. If Plaintiff sustained the injuries and damages as alleged in the Verified

Complaint, which the Defendants/Third-Party Plaintiffs specifically deny, same was due to

Plaintiffs own negligence and assumption of risk and/or due to the acts and primary negligence

of the Third-Party Defendant, HEATHER FERRARA, Third-Party Defendant's agents,

servants and/or employees, in negligently and carelessly owning, operating, controlling and

maintaining the aforesaid vehicle; in negligently and carelessly creating an unsafe and hazardous

condition on the roadway; in the negligent supervision and training ofthe Plaintiff.

8. By virtue of the foregoing, said Third-Party Defendant, HEATHER FERRARA,

is primarily liable for any damages sustained by Plaintiff herein, and will be required to

indemnify the Defendants/Third-Party Plaintiff for any damages suffered as a result of this

accident.

WHEREFORE, the Defendants/Third-Party Plaintiffs Dajour A. Brown and Najoir J.

Byers, demand judgment against the Third-Party Defendant, HEATHER FERRARA, for all

sums that may be adjudged against Defendants/Third-Party Plaintiff, and demand that the

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FILED: ORANGE COUNTY CLERK 04/21/2022 02:33 PM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/21/2022

Defendants/Third-Party Plaintiff be indemnified in whole or in part for any judgment that may be

rendered herein in favor of the Plaintiff, and against the Defendants/Third-Party Plaintiff

together with the costs and disbursements of this action.

DATED: Williamsville, NY
April 21, 2022

Respectfully submitted,

Shayna D. Gorski, Esq.

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FILED: ORANGE COUNTY CLERK 04/21/2022 02:33 PM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/21/2022

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
--------------------------------------------------------------X Index No.: EF008166/2021
CHARLES MCDONOUGH,

Plaintiff, ATTORNEY
VERIFICATION
-against-

DAJOUR A. BROWN and NAJOIR J. BYERS,

Defendants.
_______________________________________Ç
DAJOUR A. BROWN and NAJOIR J. BYERS,

Third-Party Plaintiffs

-against-

Heather Ferrara

Third-Party Defendant
_____________________________________________x

C O U N S E L O R S:

Shayna D. Gorski says that I am the attorney of record, or of counsel with the attorney(s)
of record, for NOTICE PURSUANT TO CPLR3402(B) AND THIRD-PARTY SUMMONS AND
VERIFIED COMPLAINT, and know the contents thereof and the same are true to my
knowledge, except those matters therein which are stated to be alleged on 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 the following:

Discussions with defendants and/or review of our files.

The reason I make this affirmation, instead of Defendants/Third-Party Plaintiffs, is that
the Defendants/Third-Party Plaintiffs do not presently reside in the County where your Deponent
has an office.

That the sources of your Deponent's information and the grounds of my belief as to the
matters so alleged herein are investigations had by the Defendants/Third-Party Plaintiffs,
Plaintiffs'
Defendants/Third-Party agents, servants and representatives into the subject matter
hereof and correspondence relating thereto, reports of which investigations and copies of which

correspondence are in the possession of your Deponent.

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FILED: ORANGE COUNTY CLERK 04/21/2022 02:33 PM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/21/2022

I affirm that the foregoing statements are true under penalties of perjury.

Shayna D. Gorski, Esq.

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FILED: ORANGE COUNTY CLERK 04/21/2022 02:33 PM INDEX NO. EF008166-2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 04/21/2022

INDEX NO. EF008166/2021 YEAR: 2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE

CHARLES MCDONOUGH,

Plaintiff,

-against-

DAJOUR A. BROWN and NAJOIR J. BYERS,

Defendants.

________________________________________________________________________Ç

DAJOUR A. BROWN and NAJOIR J. BYERS,

Third-Party Plaintiffs

-against-

Heather Ferrara

Third-Party Defendant

NOTICE PURSUANT TO CPLR 3402(B) AND
THIRD-PARTY SUMMONS AND VERIFIED COMPLAINT

LAW OFFICES OF JENNIFER S. ADAMS
ATTORNEYS AND COUNSELORS AT LAW
ATTORNEYS FOR DAJOUR A. BROWN AND NAJOIR J. BYERS
One Executive Boulevard, Suite 280
Williamsville, NY 10701
(716) 810-1320

Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice inthe courts of New York State,certifiesthat,upon
information and beliefand reasonable inquiry, thecontentions contained inthe annexed document are not frivolous.

Dated: April 21, 2022
Signature:
Print Signer'sName: SHAYNA D. GORSKI, ESQ.

Service of a copy of thewithin is hereby
admitted.

Date:

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Case Info

Judge

Sandra B Sciortino Track Judge’s New Case

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Document Filed Date

April 21, 2022

Case Filing Date

December 14, 2021

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Complaint,Petition: Charles Mcdonough v. Dajour A Brown, Najoir J Byers

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