Preview
FILED: NASSAU COUNTY CLERK 01/13/2023 03:26 PM INDEX NO. 606267/2020
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/13/2023
Exhibit A
FILED: NASSAU COUNTY CLERK 06/23/2020
01/13/2023 04:02
03:26 PM INDEX NO. 606267/2020
NYSCEF DOC. NO. 1
38 RECEIVED NYSCEF: 06/23/2020
01/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----- --------------------------------------------------------X Index #:
EMMANUELA VOLCY
Date Filed:
Plaintiff(s),
-against-
SUMMONS
RAYMOND L ALSDORF, JR AND
RYDERTRUCK RENTALLT
Defendant(s).
____ __________________ ________________________________X
TO THE ABOVE NAMED DEFENDANT(s)
YOU ARE HEREBY SUMMONED to answer the complaint in this action and
to serve a copy of your answer, or, if the complaint is not served with the
summons, to serve a notice of appearance, on the Plaintiff's Attorney(s), within 20
days after the service of this summons, exclusive of the day of service (or within 30
days after the service is complete if this summons is not personally delivered to
you within the State of New York); and in the case of your failure to appear or
answer, judgment will be taken against you by default for the relief demanded in
the complaint.
The basis of the venue designated is plaintiff's residence to wit: 355 Clinton
Street, Hempstead, NY 11550.
Dated: Uniondale, New York
June 23, 2020
ALBERT ZAFONTE, JR ÈSO
Attorneys for Plaintiff(s)
215 Uniondale Avenue
Defendant's Address: Uniondale, New York 11553
(516) 505-7001
RAYMOND L ALSDORF, JR
52 Decicco Road
Waterbury, CT 06705
RYDERTRUCK RENTAL LT
99 Murphy Road
Hartford, CT 06114
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FILED: NASSAU COUNTY CLERK 06/23/2020
01/13/2023 04:02
03:26 PM INDEX NO. 606267/2020
NYSCEF DOC. NO. 1
38 RECEIVED NYSCEF: 06/23/2020
01/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU Index #:
--------- -----------------------------------------------X
EMMANUELA VOLCY Date Filed:
Plaintiff(s),
-against- y_ERIFIED COMPLAINT
RAYMOND L ALSDORF, JR AND
RYDER TRUCK RENTAL LT
Defendant(s).
________________..__________------------------ ----------X
The plaintiff, by her attorney, ALBERT ZAFONTE JR., ESQ.
complaining of the defendants, respectfully alleges:
1. That at all times hereinafter mentioned, the plaintiff, was and still is
a resident of the County of Nassau, State of New York.
2. Upon information and belief, at all of the times hereiriafter
mentioned, the defendant, RAYMOND L ALSDORF, JR, was and still is a resident of
the County of New Haven, State of Connecticut.
3. Upon information and belief, at all of the times hereinafter
mentioned, the defendant, RYDER TRUCK RENTAL LT was and stillis a corporation
duly organized and existing under and by virtue of the laws of the State of New
York with principal offices in the County of Rockland, State of New York.
5. Upon information and belief, at all of the times hereinafter
mentioned, the defendant RYDER TRUCK RENTAL LT, was and still is a company
with offices in the County of Rockland, State of New York.
6. At all of the times hereinafter mentioned, the plaintiff,
EMMANUELA VOLCY, was the operator of a certain 2014 GMC bearing New York
license plate number AG15449.
1
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FILED: NASSAU COUNTY CLERK 06/23/2020
01/13/2023 04:02
03:26 PM INDEX NO. 606267/2020
NYSCEF DOC. NO. 1
38 RECEIVED NYSCEF: 06/23/2020
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7. At all of the times hereinafter mentioned, the defendant, RYDER
TRUCK RENTAL LT, was the owner of a certain 2016 Freightliner bearing
Connecticut license plate number 58880A.
8. At all of the times hereinafter mentioned, the defendant,
RAYMOND L ALSDORF, JR, was the operator of a certain 2016 Freightliner
bearing Connecticut license plate number 58880A.
9. At all of the times hereinafter mentioned, the defendant,
RAYMOND L ALSDORF, JR, was the operator of the aforesaid motor vehicle with
the knowledge, consent and permission of the owner thereof.
10. At all of the times hereinafter mentioned, the defendant,
RAYMOND L ALSDORF, JR,, operated the aforesaid motor vehicle while in the
employ of the defendant, RYDER TRUCK RENTAL LT.
11. That on August 8, 2019, the defendants so carelessly and
negligently owned, drove, operated, maintained and controlled their aforesaid motor
vehicle so as to cause plaintiff, EMMANUELA VOLCY, to sustain severe personal
injuries as hereinafter alleged, as defined by Section 671, Subdivision 4(a) and (b) of
the Insurance Law of the State of New York.
12. That by reason of thereof, plaintiff, EMMANUELA VOLCY, is
entitled to recover for non-economic loss and for such economic losses as are not
loss"
included within the definition of "basic economic as set forth in Section 671,
Subdivision 1 of the Insurance Law of the State of New York.
13. That the plaintiff, EMMANUELA VOLCY, is a covered person, as
defined by Section 671, Subdivision 10 of the Insurance Law of the State of New
York, and this action falls within one of the exceptions set forth in Section 1602.
14. That by reason of the foregoing, the plaintiff, EMMANUELA
VOLCY, suffered personal injuries, became sick, sore, lame and disabled, and
2
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FILED: NASSAU COUNTY CLERK 06/23/2020
01/13/2023 04:02
03:26 PM INDEX NO. 606267/2020
NYSCEF DOC. NO. 1
38 RECEIVED NYSCEF: 06/23/2020
01/13/2023
suffered great physical pain and nervous shock, some of which injuries, upon
information and belief, may be permanent, and said plaintiff, EMMANUELA VOLCY,
was caused to suffer pain, inconvenience and other effects of such injuries, and will
be compelled to seek medical aid and attention to alleviate pain and suffering.
15. That by reason of the foregoing, the plaintiff, EMMANUELA
VOLCY, has been damaged by the defendants in the sum of a sum which exceeds
the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
WHEREFORE, Plaintiff(s) demand(s) judgment against the Defendants
herein, in an amount exceeding the jurisdictional limits of all lower courts which
would otherwise have jurisdiction, together with the costs and disbursements of
this action.
Yours Etc.,
ALBERT bFONTE JR.,ESQ.
Attorneys for Plaintiff
215 Uniondale Avenue
Uniondale, New York 11553
(516)505-7001
3
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FILED: NASSAU COUNTY CLERK 06/23/2020
01/13/2023 04:02
03:26 PM INDEX NO. 606267/2020
NYSCEF DOC. NO. 1
38 RECEIVED NYSCEF: 06/23/2020
01/13/2023
·
STATE OF NEW YORK )
COUNTY OF asou ) SS.:
.
o z., being duly sworn deposes and says:
Thà t deponent is the plaintiff in the within action.
That deponent has read the foregoing Summus + o pla d
añd knows the contents thereof; that the same are true to deponent's own knowledge,
except as to those matters therein stated to be alleged on inforrnation and belief, and
that as to those rnatters deponent believes them to be true
E mmaweh N/, \
c3
Swo n to before me this
day of Ju.e , a.o n.b
blotary
ALBERT ZAFONTE, JR.
NOTARY PUBtlC - STATE OF NEW YORrC
NO. 4861378
QUALIFIED IN NASSAU COUN
COMMISSION EXPIRES MAY 12,
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FILED: NASSAU COUNTY CLERK 06/23/2020
01/13/2023 04:02
03:26 PM INDEX NO. 606267/2020
NYSCEF DOC. NO. 1
38 RECEIVED NYSCEF: 06/23/2020
01/13/2023
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
.. .
EMMANUELA VOLCY
Plaintiff(s),
-against-
RAYMOND L ALSDORF, JR AND
RYDER TRUCK RENTAL LT
Defendant(s).
SUMMONS AND VERIFIED COMPLAINT
ALBERT ZAFONTE, JR. ESQ.
Attome ys forPlain tiff(s)
216 Uniondale Avenue
Uniondale, New York 11553
(516) 605-7001
Pursuant to 22NYCRR 130-1.1,the ündaraigned, an attor duly admitted topractice law
in theState of New York,certifies
that upon |nf:=.:‡|:n beliefbased upon reasonable
inquiry,the cententions contained in the annexed dee- ._nt e n frl ned in
section 130-1.1(c
Dated: June 23, 2020 Signatura:
PrintNo e: BERT E. JR..ESQ.
PLEASE TAKE-ÑOTICE
NOTICE OF
ENTRY that thewithin is a (certified)
true copy ofa
entered in theofficeof the Clerkofthe within named
Court on 20 .
NOTICE that an O rderofwhich the within is a true
copy will be presented
OF to the Hon. , one ofthe Justices ofthe within
SETTLEMENT named Court, at 100 Supreme Court Drive,,on 2020 at 9:30 A.M.
Dated: Uniondale, New York
ALBERT ZAFONTE, JR.,ESQ.
Attorneys for Plaintiff(s)
215 Uniondale Avenue
Uniondale, New York 11553
TO:
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Preview
FILED: NASSAU COUNTY CLERK 01/13/2023 03:26 PM INDEX NO. 606267/2020 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/13/2023 Exhibit A FILED: NASSAU COUNTY CLERK 06/23/2020 01/13/2023 04:02 03:26 PM INDEX NO. 606267/2020 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 06/23/2020 01/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----- --------------------------------------------------------X Index #: EMMANUELA VOLCY Date Filed: Plaintiff(s), -against- SUMMONS RAYMOND L ALSDORF, JR AND RYDERTRUCK RENTALLT Defendant(s). ____ __________________ ________________________________X TO THE ABOVE NAMED DEFENDANT(s) YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with the summons, to serve a notice of appearance, on the Plaintiff's Attorney(s), within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of the venue designated is plaintiff's residence to wit: 355 Clinton Street, Hempstead, NY 11550. Dated: Uniondale, New York June 23, 2020 ALBERT ZAFONTE, JR ÈSO Attorneys for Plaintiff(s) 215 Uniondale Avenue Defendant's Address: Uniondale, New York 11553 (516) 505-7001 RAYMOND L ALSDORF, JR 52 Decicco Road Waterbury, CT 06705 RYDERTRUCK RENTAL LT 99 Murphy Road Hartford, CT 06114 1 of 6 FILED: NASSAU COUNTY CLERK 06/23/2020 01/13/2023 04:02 03:26 PM INDEX NO. 606267/2020 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 06/23/2020 01/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Index #: --------- -----------------------------------------------X EMMANUELA VOLCY Date Filed: Plaintiff(s), -against- y_ERIFIED COMPLAINT RAYMOND L ALSDORF, JR AND RYDER TRUCK RENTAL LT Defendant(s). ________________..__________------------------ ----------X The plaintiff, by her attorney, ALBERT ZAFONTE JR., ESQ. complaining of the defendants, respectfully alleges: 1. That at all times hereinafter mentioned, the plaintiff, was and still is a resident of the County of Nassau, State of New York. 2. Upon information and belief, at all of the times hereiriafter mentioned, the defendant, RAYMOND L ALSDORF, JR, was and still is a resident of the County of New Haven, State of Connecticut. 3. Upon information and belief, at all of the times hereinafter mentioned, the defendant, RYDER TRUCK RENTAL LT was and stillis a corporation duly organized and existing under and by virtue of the laws of the State of New York with principal offices in the County of Rockland, State of New York. 5. Upon information and belief, at all of the times hereinafter mentioned, the defendant RYDER TRUCK RENTAL LT, was and still is a company with offices in the County of Rockland, State of New York. 6. At all of the times hereinafter mentioned, the plaintiff, EMMANUELA VOLCY, was the operator of a certain 2014 GMC bearing New York license plate number AG15449. 1 2 of 6 FILED: NASSAU COUNTY CLERK 06/23/2020 01/13/2023 04:02 03:26 PM INDEX NO. 606267/2020 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 06/23/2020 01/13/2023 7. At all of the times hereinafter mentioned, the defendant, RYDER TRUCK RENTAL LT, was the owner of a certain 2016 Freightliner bearing Connecticut license plate number 58880A. 8. At all of the times hereinafter mentioned, the defendant, RAYMOND L ALSDORF, JR, was the operator of a certain 2016 Freightliner bearing Connecticut license plate number 58880A. 9. At all of the times hereinafter mentioned, the defendant, RAYMOND L ALSDORF, JR, was the operator of the aforesaid motor vehicle with the knowledge, consent and permission of the owner thereof. 10. At all of the times hereinafter mentioned, the defendant, RAYMOND L ALSDORF, JR,, operated the aforesaid motor vehicle while in the employ of the defendant, RYDER TRUCK RENTAL LT. 11. That on August 8, 2019, the defendants so carelessly and negligently owned, drove, operated, maintained and controlled their aforesaid motor vehicle so as to cause plaintiff, EMMANUELA VOLCY, to sustain severe personal injuries as hereinafter alleged, as defined by Section 671, Subdivision 4(a) and (b) of the Insurance Law of the State of New York. 12. That by reason of thereof, plaintiff, EMMANUELA VOLCY, is entitled to recover for non-economic loss and for such economic losses as are not loss" included within the definition of "basic economic as set forth in Section 671, Subdivision 1 of the Insurance Law of the State of New York. 13. That the plaintiff, EMMANUELA VOLCY, is a covered person, as defined by Section 671, Subdivision 10 of the Insurance Law of the State of New York, and this action falls within one of the exceptions set forth in Section 1602. 14. That by reason of the foregoing, the plaintiff, EMMANUELA VOLCY, suffered personal injuries, became sick, sore, lame and disabled, and 2 3 of 6 FILED: NASSAU COUNTY CLERK 06/23/2020 01/13/2023 04:02 03:26 PM INDEX NO. 606267/2020 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 06/23/2020 01/13/2023 suffered great physical pain and nervous shock, some of which injuries, upon information and belief, may be permanent, and said plaintiff, EMMANUELA VOLCY, was caused to suffer pain, inconvenience and other effects of such injuries, and will be compelled to seek medical aid and attention to alleviate pain and suffering. 15. That by reason of the foregoing, the plaintiff, EMMANUELA VOLCY, has been damaged by the defendants in the sum of a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff(s) demand(s) judgment against the Defendants herein, in an amount exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Yours Etc., ALBERT bFONTE JR.,ESQ. Attorneys for Plaintiff 215 Uniondale Avenue Uniondale, New York 11553 (516)505-7001 3 4 of 6 FILED: NASSAU COUNTY CLERK 06/23/2020 01/13/2023 04:02 03:26 PM INDEX NO. 606267/2020 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 06/23/2020 01/13/2023 · STATE OF NEW YORK ) COUNTY OF asou ) SS.: . o z., being duly sworn deposes and says: Thà t deponent is the plaintiff in the within action. That deponent has read the foregoing Summus + o pla d añd knows the contents thereof; that the same are true to deponent's own knowledge, except as to those matters therein stated to be alleged on inforrnation and belief, and that as to those rnatters deponent believes them to be true E mmaweh N/, \ c3 Swo n to before me this day of Ju.e , a.o n.b blotary ALBERT ZAFONTE, JR. NOTARY PUBtlC - STATE OF NEW YORrC NO. 4861378 QUALIFIED IN NASSAU COUN COMMISSION EXPIRES MAY 12, 5 of 6 FILED: NASSAU COUNTY CLERK 06/23/2020 01/13/2023 04:02 03:26 PM INDEX NO. 606267/2020 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 06/23/2020 01/13/2023 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU .. . EMMANUELA VOLCY Plaintiff(s), -against- RAYMOND L ALSDORF, JR AND RYDER TRUCK RENTAL LT Defendant(s). SUMMONS AND VERIFIED COMPLAINT ALBERT ZAFONTE, JR. ESQ. Attome ys forPlain tiff(s) 216 Uniondale Avenue Uniondale, New York 11553 (516) 605-7001 Pursuant to 22NYCRR 130-1.1,the ündaraigned, an attor duly admitted topractice law in theState of New York,certifies that upon |nf:=.:‡|:n beliefbased upon reasonable inquiry,the cententions contained in the annexed dee- ._nt e n frl ned in section 130-1.1(c Dated: June 23, 2020 Signatura: PrintNo e: BERT E. JR..ESQ. PLEASE TAKE-ÑOTICE NOTICE OF ENTRY that thewithin is a (certified) true copy ofa entered in theofficeof the Clerkofthe within named Court on 20 . NOTICE that an O rderofwhich the within is a true copy will be presented OF to the Hon. , one ofthe Justices ofthe within SETTLEMENT named Court, at 100 Supreme Court Drive,,on 2020 at 9:30 A.M. Dated: Uniondale, New York ALBERT ZAFONTE, JR.,ESQ. Attorneys for Plaintiff(s) 215 Uniondale Avenue Uniondale, New York 11553 TO: 6 of 6