Preview
FILED: NEW YORK COUNTY CLERK 12/21/2022 05:24 PM INDEX NO. 160923/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
ANGEL RAMOS, Index No.:
Filed:
Plaintiff, Plaintiff designated
-against- New York as the
County
place of trial
SUMMONS
TAMIKA C. WARREN, NEW YORK CITY TRANSIT
AUTHORITY, THE METROPOLITIAN
TRANSPORTATION AUTHORITY, and MANHATTAN
AND BRONX SURFACE TRANSIT OPERATING
AUTHORITY,
Defendants. The basis of venue is
X the place of occurrence
pursuant to CPLR 505(b).
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer on the plaintiff's attorney within 20 days after the service of this
summons, exclusive of the day of service of this summons, or within 30 days after service of this
summons is complete if this summons is not personally delivered to you within the State of New
York.
In case of your failure to answer this summons, a judgment by default will be taken
against you for the relief demanded in the complaint, together with the costs of this acti n.
Dated: Bronx, NY
December 21, 2022
Yele enchanok, Esq.
LAW OFFICES OF
ALEXANDER BESPECHNY
Attorney for Plaintiff
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2360 Westchester Avenue
Bronx, NY 10462
718-792-4800
TO: TAMIKA C. WARREN
14 Sachem Drive
Mastic, NY 11950
NEW YORK CITY TRANSIT AUTHORITY
130 Livingston Street
Brooklyn, NY 11201
THE METROPOLITIAN TRANSPORTATION AUTHORITY
347 Madison Avenue
New York, NY 10017
MANHATTAN AND BRONX SURFACE
TRANSIT OPERATING AUTHORITY
130 Livingston Street
Brooklyn, NY 11201
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
ANGEL RAMOS, Index No.:
Filed:
Plaintiff,
-against-
VERIFIED COMPLAINT
TAMIKA C. WARREN, NEW YORK CITY TRANSIT
AUTHORITY, THE METROPOLITIAN
TRANSPORTATION AUTHORITY, and MANHATTAN
AND BRONX SURFACE TRANSIT OPERATING
AUTHORITY,
Defendants.
X
State of New York )
) s.s.:
County of Bronx )
Plaintiff, by his attorney, LAW OFFICES OF ALEXANDER BESPECHNY as and for his
VERIFIED COMPLAINT, respectfully alleges, upon information and belief:
1. The Plaintiff, ANGEL RAMOS, at all times herein mentioned was and still is a resident
of Bronx County and the State of New York.
2. Upon information and belief the Defendant, TAMIKA C. WARREN, at alltimes herein
mentioned was and stillis a resident of Suffolk County and the State of New York.
3. At all times herein mentioned, Defendant, NEW YORK CITY TRANSIT
AUTHORITY, was and stillis a municipal corporation, created, organized and existing
under and by virtue of the laws of the State of New York.
4. At all times herein mentioned, Defendant, THE METROPOLITIAN
TRANSPORTATION AUTHORITY, was and still is a municipal corporation, created,
organized and existing under and by virtue of the laws of the State of New York.
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5. At alltimes herein mentioned, Defendant, MANHATTAN AND BRONX SURFACE
TRANSIT OPERATING AUTHORITY, was and still is a municipal corporation,
created, organized and existing under and by virtue of the laws of the State of New York.
6. Within ninety (90) days of May 14, 2022, the date of the occurrence herein, a notice of
claim in writing was served on behalf of the Plaintiff upon NEW YORK CITY
TRANSIT AUTHORITY, THE METROPOLITIAN TRANSPORTATION
AUTHORITY and MANHATTAN AND BRONX SURFACE TRANSIT
OPERATING AUTHORITY in accordance with Section 50-e of the General Municipal
Law.
7. Although more than thirty (30) days have elapsed since service of such notice of claim,
Defendants NEW YORK CITY TRANSIT AUTHORITY, THE METROPOLITIAN
TRANSPORTATION AUTHORITY and MANHATTAN AND BRONX SURFACE
TRANSIT OPERATING AUTHORITY have neglected and have refused to pay said
claim or adjust same.
8. A hearing pursuant to General Municipal Law 50-H is scheduled to be held on January
26, 2023.
9. This action is commenced within one (1) year and ninety (90) days of May 14, 2022, the
date the accident as herein set forth occurred.
10. On or about May 14, 2022, Defendant, TAMIKA C. WARREN, an employee of NEW
YORK CITY TRANSIT AUTHORITY, THE METROPOLITIAN
TRANSPORTATION AUTHORITY and MANHATTAN AND BRONX SURFACE
TRANSIT OPERATING AUTHORITY, was the operator of a certain vehicle bearing
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license plate number BB8982 as issued by the State of New York with the knowledge
and/or consent of owner(s).
11. On or about May 14, 2022, Defendants, NEW YORK CITY TRANSIT AUTHORITY,
THE METROPOLITIAN TRANSPORTATION AUTHORITY and MANHATTAN
AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, was the owner of
a certain vehicle bearing license plate number BB8982 as issued by the State of New
York.
12. On or about May 14, 2022, Defendant, NEW YORK CITY TRANSIT AUTHORITY,
THE METROPOLITIAN TRANSPORTATION AUTHORITY and MANHATTAN
AND BRONX SURFACE TRANSIT OPERATING AUTHORITY negligently
entrusted a certain vehicle bearing the license plate number BB8982 as issued by the
State of New York to Defendant, TAMIKA C. WARREN.
13. On or about May 14, 2022, Plaintiff, ANGEL RAMOS, was the operator and registered
owner of a certain vehicle bearing license plate number LAPEPSI as issued by the State
of New York.
14. On or about May 14, 2022, at approximately 10:15am, the vehicle operated by
Defendant, TAMIKA C. WARREN, and owned by Defendants, NEW YORK CITY
TRANSIT AUTHORITY, THE METROPOLITIAN TRANSPORTATION
AUTHORITY and MANHATTAN AND BRONX SURFACE TRANSIT
OPERATING AUTHORITY, came in contact with the vehicle operated and owned by
135d'
Plaintiff, ANGEL RAMOS causing a collision on Amsterdam Avenue at or near
Street, in New York County, State of State.
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15. The negligence of the Defendant, TAMIKA C. WARREN, consisted of her negligent
ownership, operation, maintenance and control of her motor vehicle; in operating her
motor vehicle at an excessive rate of speed under the circumstances then and there
prevailing; in failing to stop; in failing to slow down; in operating her motor vehicle in a
state of disrepair; in failing to keep her motor vehicle under proper control; in operating
her motor vehicle in a dangerous and reckless manner; in failing to keep a proper
lookout; in failing to give warning of her approach; in failing to observe the traffic
controls and rules of the road; in failing to make proper, timely and adequate use of the
signal devices, brakes and other safety equipment; in disregarding and disobeying the
applicable laws, statutes, ordinances, rules and regulations governing the movement of
motor vehicle traffic at the time and place of the occurrence; and in being in allways
generally careless, reckless and negligent.
16. The negligence of the Defendant NEW YORK CITY TRANSIT AUTHORITY
consisted of its negligent ownership, operation, maintenance and control of its motor
vehicle; in operating its motor vehicle at an excessive rate of speed under the
circumstances then and there prevailing; in failing to stop; in failing to slow down; in
operating its motor vehicle in a state of disrepair; in failing to keep its motor vehicle
under proper control; in operating its motor vehicle in a dangerous and reckless manner;
in failing to keep a proper lookout; in failing to give warning of itsapproach; in failing to
observe the traffic controls and rules of the road; in failing to make proper, timely and
adequate use of the signal devices, brakes and other safety equipment; in disregarding
and disobeying the applicable laws, statutes, ordinances, rules and regulations governing
6 of 12
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the movement of motor vehicle traffic at the time and place of the occurrence; and in
being in all ways generally careless, reckless and negligent.
17. The negligence of the Defendant THE METROPOLITIAN TRANSPORTATION
AUTHORITY consisted of itsnegligent ownership, operation, maintenance and control
of its motor vehicle; in operating its motor vehicle at an excessive rate of speed under the
circumstances then and there prevailing; in failing to stop; in failing to slow down; in
operating its motor vehicle in a state of disrepair; in failing to keep its motor vehicle
under proper control; in operating its motor vehicle in a dangerous and reckless manner;
in failing to keep a proper lookout; in failing to give warning of its approach; in failing to
observe the traffic controls and rules of the road; in failing to make proper, timely and
adequate use of the signal devices, brakes and other safety equipment; in disregarding
and disobeying the applicable laws, statutes, ordinances, rules and regulations governing
the movement of motor vehicle traffic at the time and place of the occurrence; and in
being in all ways generally careless, reckless and negligent.
18. The negligence of the Defendant, MANHATTAN AND BRONX SURFACE
TRANSIT OPERATING AUTHORITY consisted of its negligent ownership,
operation, maintenance and control of itsmotor vehicle; in operating its motor vehicle at
an excessive rate of speed under the circumstances then and there prevailing; in failing to
stop; in failing to slow down; in operating its motor vehicle in a state of disrepair; in
failing to keep its motor vehicle under proper control; in operating itsmotor vehicle in a
dangerous and reckless manner; in failing to keep a proper lookout; in failing to give
warning of its approach; in failing to observe the traffic controls and rules of the road; in
failing to make proper, timely and adequate use of the signal devices, brakes and other
7 of 12
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safety equipment; in disregarding and disobeying the applicable laws, statutes,
ordinances, rules and regulations governing the movement of motor vehicle traffic at the
time and place of the occurrence; and in being in all ways generally careless, reckless and
negligent.
AS AND FOR THE FIRST CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF
AGAINST DEFENDANTS
19. The Plaintiff herein, ANGEL RAMOS, repeats, reiterates, and realleges each and every
each and every allegation in the proceeding paragraphs herein.
20. Solely as a result of the previously described negligence of the Defendants, the Plaintiff
was caused to suffer severe and serious personal injuries to mind and body, and further
the Plaintiff(s) were subject to great physical pain and mental anguish.
21. As a result of the foregoing, the Plaintiff sustained serious personal injuries as defined in
Section 5102(d) of the Insurance Law of the State of New York, and/or economic loss
greater than the basic economic loss as defined in Section 5102(a) of the Insurance Law
of the State of New York,
22. The within action falls within one or more of the exceptions set forth in Article 1602 §
(2) (IV), (5), (6), (7), and (11) of the Civil Practice Law and Rules.
23. That by reason of the foregoing negligence on the part of the Defendants, the Plaintiff has
been damaged in an amount that exceeds the jurisdictional limits of all lower courts
which would otherwise have jurisdiction over this action.
AS AND FOR THE SECOND CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF
AGAINST DEFENDANTS
24. Plaintiff herein, ANGEL RAMOS, repeats, reiterates, and realleges each and every each
and every allegation in the proceeding paragraphs herein.
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25. Solely as a result of the previously described negligence of the Defendants, the Plaintiff's
vehicle was damaged, thereby necessitating repairs/and or the replacement of the vehicle
thereof, causing the Plaintiff to incur significant financial costs.
26. The within action falls within one or more of the exceptions set forth in Article 1602 §
(2) (IV), (5), (6), (7),and (11) of the Civil Practice Law and Rules.
27. That by reason of the foregoing negligence on the part of the Defendants, the Plaintiff has
been damaged in an amount that exceeds the jurisdictional limits of all lower courts
which would otherwise have jurisdiction over this action.
WHEREFORE, the Plaintiff demands a judgment against the Defendants in this action, in an
amount that exceeds the jurisdictional limit of all lower courts that would otherwise have
jurisdiction, together with interest and all costs and disbursements of this action, and such other
and further relief this Court deems just and proper.
Dated: Bronx, NY
December 21, 2022
Yelena chanok, Esq.
LAW OFFICES OF
ALEXANDER BESPECHNY
Attorney for Plaintiff
2360 Westchester Avenue
Bronx, NY 10462
718-792-4800
TO: TAMIKA C. WARREN
14 Sachem Drive
Mastic, NY 11950
NEW YORK CITY TRANSIT AUTHORITY
130 Livingston Street
Brooklyn, NY 11201
THE METROPOLITIAN TRANSPORTATION AUTHORITY
347 Madison Avenue
9 of 12
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New York, NY 10017
MANHATTAN AND BRONX SURFACE
TRANSIT OPERATING AUTHORITY
130 Livingston Street
Brooklyn, NY 11201
10 of 12
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF Mc 6
__________________________________ __________________________________Ç
o (2-cæ5> Index No.:
Plaintiff(s),
-against- VERIFICATION
.2 cm o efeÎdant
STATE OF NEW YO )
} s.s.:
COUNTY OF 9> )
, being duly sworn deposes and says that he is the plaintiffin the
above-entitled action; that he has read the foregoing SUMMONS & COMPLAINT, and knows
the contents thereof and that the same is true to his knowledge, except as to matters thereinstated
to be alleged on information and belief, and as to those matters he believes them to be true.
Dated: 4 )-A
Bronx, New York
Sworn to before me this N
day o a we . 6>-0
NotaryYublic
2 WILMAGONZALEZ
Public,StateofNewYork
Notary
No.01GO4991782
< QualifiedinBronxCounty
CommissionExpiresFeb.10,20-
11 of 12
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
ANGEL RAMOS, Index No.:
Plaintiff,
-against-
TAMIKA C. WARREN, NEW YORK CITY TRANSIT
AUTHORITY, THE METROPOLITIAN
TRANSPORTATION AUTHORITY, and MANHATTAN
AND BRONX SURFACE TRANSIT OPERATING
AUTHORITY,
Defendants,
X
SUMMONS AND VERIFIED COMPLAINT
LAW OFFICES OF
ALEXANDER BESPECHNY
Attorneys for Plaintiff
ANGEL RAMOS
2360 Westchester Avenue
Bronx, NY 10462
(718) 792-4800
12 of 12
Preview
FILED: NEW YORK COUNTY CLERK 12/21/2022 05:24 PM INDEX NO. 160923/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X ANGEL RAMOS, Index No.: Filed: Plaintiff, Plaintiff designated -against- New York as the County place of trial SUMMONS TAMIKA C. WARREN, NEW YORK CITY TRANSIT AUTHORITY, THE METROPOLITIAN TRANSPORTATION AUTHORITY, and MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Defendants. The basis of venue is X the place of occurrence pursuant to CPLR 505(b). TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff's attorney within 20 days after the service of this summons, exclusive of the day of service of this summons, or within 30 days after service of this summons is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer this summons, a judgment by default will be taken against you for the relief demanded in the complaint, together with the costs of this acti n. Dated: Bronx, NY December 21, 2022 Yele enchanok, Esq. LAW OFFICES OF ALEXANDER BESPECHNY Attorney for Plaintiff 1 of 12 FILED: NEW YORK COUNTY CLERK 12/21/2022 05:24 PM INDEX NO. 160923/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2022 2360 Westchester Avenue Bronx, NY 10462 718-792-4800 TO: TAMIKA C. WARREN 14 Sachem Drive Mastic, NY 11950 NEW YORK CITY TRANSIT AUTHORITY 130 Livingston Street Brooklyn, NY 11201 THE METROPOLITIAN TRANSPORTATION AUTHORITY 347 Madison Avenue New York, NY 10017 MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY 130 Livingston Street Brooklyn, NY 11201 2 of 12 FILED: NEW YORK COUNTY CLERK 12/21/2022 05:24 PM INDEX NO. 160923/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X ANGEL RAMOS, Index No.: Filed: Plaintiff, -against- VERIFIED COMPLAINT TAMIKA C. WARREN, NEW YORK CITY TRANSIT AUTHORITY, THE METROPOLITIAN TRANSPORTATION AUTHORITY, and MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Defendants. X State of New York ) ) s.s.: County of Bronx ) Plaintiff, by his attorney, LAW OFFICES OF ALEXANDER BESPECHNY as and for his VERIFIED COMPLAINT, respectfully alleges, upon information and belief: 1. The Plaintiff, ANGEL RAMOS, at all times herein mentioned was and still is a resident of Bronx County and the State of New York. 2. Upon information and belief the Defendant, TAMIKA C. WARREN, at alltimes herein mentioned was and stillis a resident of Suffolk County and the State of New York. 3. At all times herein mentioned, Defendant, NEW YORK CITY TRANSIT AUTHORITY, was and stillis a municipal corporation, created, organized and existing under and by virtue of the laws of the State of New York. 4. At all times herein mentioned, Defendant, THE METROPOLITIAN TRANSPORTATION AUTHORITY, was and still is a municipal corporation, created, organized and existing under and by virtue of the laws of the State of New York. 3 of 12 FILED: NEW YORK COUNTY CLERK 12/21/2022 05:24 PM INDEX NO. 160923/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2022 5. At alltimes herein mentioned, Defendant, MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, was and still is a municipal corporation, created, organized and existing under and by virtue of the laws of the State of New York. 6. Within ninety (90) days of May 14, 2022, the date of the occurrence herein, a notice of claim in writing was served on behalf of the Plaintiff upon NEW YORK CITY TRANSIT AUTHORITY, THE METROPOLITIAN TRANSPORTATION AUTHORITY and MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY in accordance with Section 50-e of the General Municipal Law. 7. Although more than thirty (30) days have elapsed since service of such notice of claim, Defendants NEW YORK CITY TRANSIT AUTHORITY, THE METROPOLITIAN TRANSPORTATION AUTHORITY and MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY have neglected and have refused to pay said claim or adjust same. 8. A hearing pursuant to General Municipal Law 50-H is scheduled to be held on January 26, 2023. 9. This action is commenced within one (1) year and ninety (90) days of May 14, 2022, the date the accident as herein set forth occurred. 10. On or about May 14, 2022, Defendant, TAMIKA C. WARREN, an employee of NEW YORK CITY TRANSIT AUTHORITY, THE METROPOLITIAN TRANSPORTATION AUTHORITY and MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, was the operator of a certain vehicle bearing 4 of 12 FILED: NEW YORK COUNTY CLERK 12/21/2022 05:24 PM INDEX NO. 160923/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2022 license plate number BB8982 as issued by the State of New York with the knowledge and/or consent of owner(s). 11. On or about May 14, 2022, Defendants, NEW YORK CITY TRANSIT AUTHORITY, THE METROPOLITIAN TRANSPORTATION AUTHORITY and MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, was the owner of a certain vehicle bearing license plate number BB8982 as issued by the State of New York. 12. On or about May 14, 2022, Defendant, NEW YORK CITY TRANSIT AUTHORITY, THE METROPOLITIAN TRANSPORTATION AUTHORITY and MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY negligently entrusted a certain vehicle bearing the license plate number BB8982 as issued by the State of New York to Defendant, TAMIKA C. WARREN. 13. On or about May 14, 2022, Plaintiff, ANGEL RAMOS, was the operator and registered owner of a certain vehicle bearing license plate number LAPEPSI as issued by the State of New York. 14. On or about May 14, 2022, at approximately 10:15am, the vehicle operated by Defendant, TAMIKA C. WARREN, and owned by Defendants, NEW YORK CITY TRANSIT AUTHORITY, THE METROPOLITIAN TRANSPORTATION AUTHORITY and MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, came in contact with the vehicle operated and owned by 135d' Plaintiff, ANGEL RAMOS causing a collision on Amsterdam Avenue at or near Street, in New York County, State of State. 5 of 12 FILED: NEW YORK COUNTY CLERK 12/21/2022 05:24 PM INDEX NO. 160923/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2022 15. The negligence of the Defendant, TAMIKA C. WARREN, consisted of her negligent ownership, operation, maintenance and control of her motor vehicle; in operating her motor vehicle at an excessive rate of speed under the circumstances then and there prevailing; in failing to stop; in failing to slow down; in operating her motor vehicle in a state of disrepair; in failing to keep her motor vehicle under proper control; in operating her motor vehicle in a dangerous and reckless manner; in failing to keep a proper lookout; in failing to give warning of her approach; in failing to observe the traffic controls and rules of the road; in failing to make proper, timely and adequate use of the signal devices, brakes and other safety equipment; in disregarding and disobeying the applicable laws, statutes, ordinances, rules and regulations governing the movement of motor vehicle traffic at the time and place of the occurrence; and in being in allways generally careless, reckless and negligent. 16. The negligence of the Defendant NEW YORK CITY TRANSIT AUTHORITY consisted of its negligent ownership, operation, maintenance and control of its motor vehicle; in operating its motor vehicle at an excessive rate of speed under the circumstances then and there prevailing; in failing to stop; in failing to slow down; in operating its motor vehicle in a state of disrepair; in failing to keep its motor vehicle under proper control; in operating its motor vehicle in a dangerous and reckless manner; in failing to keep a proper lookout; in failing to give warning of itsapproach; in failing to observe the traffic controls and rules of the road; in failing to make proper, timely and adequate use of the signal devices, brakes and other safety equipment; in disregarding and disobeying the applicable laws, statutes, ordinances, rules and regulations governing 6 of 12 FILED: NEW YORK COUNTY CLERK 12/21/2022 05:24 PM INDEX NO. 160923/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2022 the movement of motor vehicle traffic at the time and place of the occurrence; and in being in all ways generally careless, reckless and negligent. 17. The negligence of the Defendant THE METROPOLITIAN TRANSPORTATION AUTHORITY consisted of itsnegligent ownership, operation, maintenance and control of its motor vehicle; in operating its motor vehicle at an excessive rate of speed under the circumstances then and there prevailing; in failing to stop; in failing to slow down; in operating its motor vehicle in a state of disrepair; in failing to keep its motor vehicle under proper control; in operating its motor vehicle in a dangerous and reckless manner; in failing to keep a proper lookout; in failing to give warning of its approach; in failing to observe the traffic controls and rules of the road; in failing to make proper, timely and adequate use of the signal devices, brakes and other safety equipment; in disregarding and disobeying the applicable laws, statutes, ordinances, rules and regulations governing the movement of motor vehicle traffic at the time and place of the occurrence; and in being in all ways generally careless, reckless and negligent. 18. The negligence of the Defendant, MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY consisted of its negligent ownership, operation, maintenance and control of itsmotor vehicle; in operating its motor vehicle at an excessive rate of speed under the circumstances then and there prevailing; in failing to stop; in failing to slow down; in operating its motor vehicle in a state of disrepair; in failing to keep its motor vehicle under proper control; in operating itsmotor vehicle in a dangerous and reckless manner; in failing to keep a proper lookout; in failing to give warning of its approach; in failing to observe the traffic controls and rules of the road; in failing to make proper, timely and adequate use of the signal devices, brakes and other 7 of 12 FILED: NEW YORK COUNTY CLERK 12/21/2022 05:24 PM INDEX NO. 160923/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2022 safety equipment; in disregarding and disobeying the applicable laws, statutes, ordinances, rules and regulations governing the movement of motor vehicle traffic at the time and place of the occurrence; and in being in all ways generally careless, reckless and negligent. AS AND FOR THE FIRST CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF AGAINST DEFENDANTS 19. The Plaintiff herein, ANGEL RAMOS, repeats, reiterates, and realleges each and every each and every allegation in the proceeding paragraphs herein. 20. Solely as a result of the previously described negligence of the Defendants, the Plaintiff was caused to suffer severe and serious personal injuries to mind and body, and further the Plaintiff(s) were subject to great physical pain and mental anguish. 21. As a result of the foregoing, the Plaintiff sustained serious personal injuries as defined in Section 5102(d) of the Insurance Law of the State of New York, and/or economic loss greater than the basic economic loss as defined in Section 5102(a) of the Insurance Law of the State of New York, 22. The within action falls within one or more of the exceptions set forth in Article 1602 § (2) (IV), (5), (6), (7), and (11) of the Civil Practice Law and Rules. 23. That by reason of the foregoing negligence on the part of the Defendants, the Plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action. AS AND FOR THE SECOND CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF AGAINST DEFENDANTS 24. Plaintiff herein, ANGEL RAMOS, repeats, reiterates, and realleges each and every each and every allegation in the proceeding paragraphs herein. 8 of 12 FILED: NEW YORK COUNTY CLERK 12/21/2022 05:24 PM INDEX NO. 160923/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2022 25. Solely as a result of the previously described negligence of the Defendants, the Plaintiff's vehicle was damaged, thereby necessitating repairs/and or the replacement of the vehicle thereof, causing the Plaintiff to incur significant financial costs. 26. The within action falls within one or more of the exceptions set forth in Article 1602 § (2) (IV), (5), (6), (7),and (11) of the Civil Practice Law and Rules. 27. That by reason of the foregoing negligence on the part of the Defendants, the Plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action. WHEREFORE, the Plaintiff demands a judgment against the Defendants in this action, in an amount that exceeds the jurisdictional limit of all lower courts that would otherwise have jurisdiction, together with interest and all costs and disbursements of this action, and such other and further relief this Court deems just and proper. Dated: Bronx, NY December 21, 2022 Yelena chanok, Esq. LAW OFFICES OF ALEXANDER BESPECHNY Attorney for Plaintiff 2360 Westchester Avenue Bronx, NY 10462 718-792-4800 TO: TAMIKA C. WARREN 14 Sachem Drive Mastic, NY 11950 NEW YORK CITY TRANSIT AUTHORITY 130 Livingston Street Brooklyn, NY 11201 THE METROPOLITIAN TRANSPORTATION AUTHORITY 347 Madison Avenue 9 of 12 FILED: NEW YORK COUNTY CLERK 12/21/2022 05:24 PM INDEX NO. 160923/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2022 New York, NY 10017 MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY 130 Livingston Street Brooklyn, NY 11201 10 of 12 FILED: NEW YORK COUNTY CLERK 12/21/2022 05:24 PM INDEX NO. 160923/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF Mc 6 __________________________________ __________________________________Ç o (2-cæ5> Index No.: Plaintiff(s), -against- VERIFICATION .2 cm o efeÎdant STATE OF NEW YO ) } s.s.: COUNTY OF 9> ) , being duly sworn deposes and says that he is the plaintiffin the above-entitled action; that he has read the foregoing SUMMONS & COMPLAINT, and knows the contents thereof and that the same is true to his knowledge, except as to matters thereinstated to be alleged on information and belief, and as to those matters he believes them to be true. Dated: 4 )-A Bronx, New York Sworn to before me this N day o a we . 6>-0 NotaryYublic 2 WILMAGONZALEZ Public,StateofNewYork Notary No.01GO4991782 < QualifiedinBronxCounty CommissionExpiresFeb.10,20- 11 of 12 FILED: NEW YORK COUNTY CLERK 12/21/2022 05:24 PM INDEX NO. 160923/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X ANGEL RAMOS, Index No.: Plaintiff, -against- TAMIKA C. WARREN, NEW YORK CITY TRANSIT AUTHORITY, THE METROPOLITIAN TRANSPORTATION AUTHORITY, and MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Defendants, X SUMMONS AND VERIFIED COMPLAINT LAW OFFICES OF ALEXANDER BESPECHNY Attorneys for Plaintiff ANGEL RAMOS 2360 Westchester Avenue Bronx, NY 10462 (718) 792-4800 12 of 12