Preview
FILED: NASSAU COUNTY CLERK 02/03/2023
12/09/2019 03:13
03:24 PM INDEX NO. 617067/2019
NYSCEF DOC. NO. 79
1 RECEIVED NYSCEF: 02/03/2023
12/09/2019
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF NASSAU Date of Purchase:
----------------------------------------------------------------X Plaintiff designates
LUIS E. RIVERA, NASSAU County
as the place of trial
Plaintiff,
The basis of venue is
-against- Location of Accident
YVETTE GAYLE, SUMMONS
Location of Accident:
Defendant. 385 W. Merrick Road,
Near S. Central Ave.
Valley Stream, NY
Village of Valley Stream,
--------------------------------------------------------------X County of Nassau,
State of New York.
TO THE ABOVE NAMED DEFENDANT
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 this summons, to serve a notice of
appearance, on the Plaintiff's Attorney 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 case of your failure to
appear or answer, Judgment will be taken against you by default for the relief demanded in the
Complaint.
Dated: Rosedale, New York
Decembed , 2019 Yours, etc.
ALEX YAD ASSOCIATES, P.C.
BY:
ALEX Y GAROV, ESQ.
Attorne for Plaintiff
LUIS . RIVERA
One Cross Island Plaza, Suite 203
Rosedale, NY 11422
(718) 276-2800
TO: YVETTE GAYLE
17 Benedict Ave.
Valley Stream, NY 11580
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------------------------------------------------------------X
LUIS E. RIVERA, Index No.:
Plaintiff,
-against- VERIFIED COMPLAINT
YVETTE GAYLE,
Defendant.
______ .---------------------------------------------X
Plaintiff LUIS E. RIVERA appearing by and through his attorneys ALEX
YADGAROV& ASSOCIATES, P.C., sets forth and alleges upon information and belief as
follows:
1. That at all times hereinafter mentioned, and on Thursday, January 31, 2019,
plaintiff, LUIS E. RIVERA, was and still is a resident of the County ofNassau, State ofNew York.
2. That at all times hereinafter mentioned, and on Thursday, January 31, 2019,
defendant, YVETTE GAYLE, was and still is a resident of the County of Nassau, State of New
York.
3. That at all times hereinafter mentioned, and on Thursday, January 31, 2019,
defendant, YVETTE GAYLE, committed the negligent acts complained of herein within the State
of New York.
4. That at all times hereinafter mentioned, and on Thursday, January 31, 2019, the
plaintiff, LUIS E. RIVERA, was the operator of the 2016 CHEVROLET motor vehicle bearing
New York State registration number HEJ4994.
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5. That at all times hereinafter mentioned, and on Thursday, January 31, 2019,
defendant, YVETTE GAYLE, was the owner and operator of the 2007 HONDA motor vehicle
bearing New York State registration number EYC1813.
6. That at all times hereinafter mentioned and on Thursday, January 31, 2019, the
defendant, YVETTE GAYLE, maintained the 2007 HONDA motor vehicle bearing New York
State registration number EYC1813.
7. That at all times hereinafter mentioned, and on Thursday, January 31, 2019, the
defendant, YVETTE GAYLE, managed the 2007 HONDA motor vehicle bearing New York State
registration number EYCl813.
8. That at all times hereinafter mentioned, and on Thursday, January 31, 2019, the
defendant, YVETTE GAYLE, controlled the 2007 HONDA motor vehicle bearing New York
State registration number EYC1813.
9. That at all times hereinafter mentioned, and on Thursday, January 31, 2019, 385
WEST MERRICK ROAD, 500 Feet West of SOUTH CENTRAL AVENUE, was and still is a
public highway and a road in the Village of Valley Stream, County ofNassau, State ofNew York.
10. That on Thursday, January 31, 2019, at approximately 3:45 p.m., at the
aforementioned location, the aforesaid 2007 HONDA motor vehicle owned and operated by
defendant, YVETTE GAYLE, came into contact with the aforesaid 2016 CHEVROLET motor
vehicle operated by the plaintiff, LUIS E. RIVERA, causing the complained of accident.
11. That as a result of the aforesaid contact, plaintiff, LUIS E. RIVERA, was seriously
injured and suffered significant damages.
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12. Plaintiff, LUIS E. RIVERA, repeats and re-alleges each and every allegation
contained in the paragraphs set forth herein above with the same force and effect as though fully
set forth at length herein.
13. That the aforesaid contact and the resulting accident were caused by the negligence
of the defendant, YVETTE GAYLE, in the ownership, operation, use, management, maintenance
and control of the aforesaid 2007 HONDA motor vehicle.
14. That the aforesaid contact between the 2007 HONDA motor vehicle owned and
operated by the defendant, YVETTE GAYLE, and the 2016 CHEVROLET motor vehicle owned
and operated by the plaintiff, LUIS E. RIVERA, and the resulting accident were caused solely by
reason of the negligence of the defendant, YVETTE GAYLE, without any fault or negligence on
the part of the plaintiff, LUIS E. RIVERA, contributing thereto.
15. Defendant, YVETTE GAYLE, was negligent, careless and reckless in the
ownership, use, operation, management, maintenance, supervision and control of the aforesaid
2007 HONDA motor vehicle. Defendant was otherwise negligent, careless and reckless under the
circumstances then and there prevailing. The aforementioned occurrence and Plaintiff's serious
injuries and resultant damages, were caused jointly and/or severally by the negligence and/or
recklessness of the defendant, YVETTE GAYLE, in the ownership, use, operation, management,
maintenance and control of his respective 2007 HONDA, to wit: in negligently and recklessly
operating said 2007 HONDA at the excessive rate of speed; in failing to keep proper lookout for
traffic conditions then presenting; in in failing to keep proper and safe distance; in failing to operate
said vehicle in accordance with and pursuant to the rules of the road; in disregarding traffic
regulatory devices including but not limited to traffic signs, controls and speed limits; in failing to
keep said vehicle under proper control; in causing and permitting the said 2007 HONDA to be
4 of 10
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operated over and along the aforedescribed public highways at an excessive rate of speed and/or
at a greater speed than care and caution would permit under the circumstances and conditions then
existing to the knowledge of the Defendant; in operating said vehicle in a manner contrary to and
in violation of the laws, statutes, ordinances, rules, and regulation of the City and State of New
York, including but not limited to the New York State Vehicle and Traffic Law and Chapter 34 of
the Rules & Regulations of the City ofNew York [ Traffic Rules and Regulations]; in opening the
door of said 2007 HONDA motor vehicle on the side available to moving traffic in an unsafe and
negligent manner, and negligently interfering with the movement of other traffic; in failing to make
timely and proper use of adequate brakes, turning signal devices and steering mechanisms; in
failing to check and properly regulate the speed of the aforesaid vehicle so as to unnecessarily and
carelessly expose Plaintiff, to foreseeable injuries and harm; in using, controlling and operating
said vehicle in such a negligent and/or reckless manner so as to precipitate the complained of
accident to occur without any contribution on the part of the Plaintiff thereto whatsoever; and in
otherwise being careless and negligent in the ownership, use, operation, management,
maintenance, supervision and control of the Defendant's vehicle in contravention of the laws and
rules of the State and City of New York, thereby substantially causing serious injury to plaintiff,
LUIS E. RIVERA.
16. Defendant, YVETTE GAYLE, violated all applicable sections of the New York
State Vehicle and Traffic Law and the New York City Traffic Rules and Regulations concerning
the safe and proper operation of a motor vehicle upon the public ways and streets of the State of
New York including but not limited to Vehicle and Traffic Law Sections 375, 1101, 1102, 1105,
1110, 1111, 1113, 1115, 1120, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1130, 1140, 1141, 1142,
1143, 1144, 1145, 1146, 1160, 1161, 1162, 1163, 1164, 1166, 1170, 1171, 1172, 1173, 1174, 1175,
5 of 10
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1176, 1180, 1180-a, 1181, 1182, 1190, 1192, 1200, 1201, 1202, 1203, 1203-b, 1210, 1211, 1213,
1214, 1215, 1216, 1217, 1218, 1219, 1220, 1220-a, 1221, 1222, 1223, 1225, 1225-a, 1226, 1227,
1228, 1229, 1229-b, 1229-c, 1250, 1251, 1252, and 1252 of the Vehicle and Traffic Law of the
State of New York and Sections 4-03, 4-04, 4-05, 4-06, 4-07, 4-08, 4-09 and 4-12 of the Traffic
Regulations of the City of New York, along with all other applicable Statutes, Ordinances, Rules
and Regulations.
17. That as a proximate cause or substantial factor of the above negligent and reckless
acts and omissions and/or statutory negligence of the defendant, YVETTE GAYLE, the plaintiff,
injury"
LUIS E. RIVERA, was caused to sustain "serious as defined in Section 5102(d) of the
Insurance Law of the State of New York, in that Plaintiff sustained: a fracture and/or a significant
disfigurement; a permanent loss of use of a body organ or a member, function and/or a significant
limitation of use of a body function and/or system and/or medically determined injury or
impairment of non-permanent nature which prevents him from performing substantially of the
material acts which constitutes the usual and customary daily activities for not less than ninety
(90) days during the one hundred eighty (180) days immediately following the occurrences of the
injury or impairment.
18. That by reason of the defendant, YVETTE GAYLE's negligence and the subject
occurrence, Plaintiff sustained serious personal injuries that required medical treatment,
medication, rehabilitation and other medical services. In addition Plaintiff was caused to suffer
great physical pain, shock and mental anguish; and, that Plaintiff's injuries and their effects and
residual consequences, upon information and belief, are permanent in nature and have been and
shall continue to be in the future the cause of physical pain and mental anguish.
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19. That the said serious injuries sustained by the Plaintiff were caused solely by the
negligence of the Defendant and without any negligence on the part of the Plaintiff.
20. That by reason of the above, and upon information and belief, Plaintiff was and
remains physically unable to perform his usual and customary daily activities which he was able
to perform without restrictions before the accident.
21. That as a direct result of the aforementioned accident, the Plaintiff sustained
economic loss greater than basic economic loss as defined by Section 5104 of the Insurance Law
of the State of New York, in that, all hospital and medical bills unpaid by no-fault insurance and/or
resulting medical liens incurred as a consequence of the complained of accident were and are
claimed as special damages by the Plaintiff and upon information and belief, the injured Plaintiff
shall in the future continue require medical care and therapy, and accordingly shall become liable
for such future medical expense for an indefinite period of time into the future.
22. That one or more of the exceptions of §1602 of the Civil Practice Law and Rules
applies to the within action.
23. That at all times hereinafter mentioned, Plaintiff was wearing a seat belt and was in
compliance with the New York State Vehicle and Traffic Law Section 1229-c.
24. That by reason of the foregoing, Plaintiff has been damaged in sum which exceeds
the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
WHEREFORE, Plaintiff, LUIS E. RIVERA, seeks monetary damages and judgment
against the defendant, YVETTE GAYLE, as set forth above, in the amount that exceeds the
jurisdictional limits of all lower courts, which would otherwise have jurisdiction, together with
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interest where applicable herein, and the costs and disbursements of this action. And such other
and further relief as to the Court may seem just, proper and equitably.
Dated: Rosedale, NY Yours, et .
December , 2019 ALEX GAR & ASSOCIATES, P.C.
OV, ESQ.
t rneys for Plaintiff
IS E. RIVERA
ne Cross Island Plaza, Suite 203
Rosedale, NY 11422
(718) 276-2800
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ATTORNEY VERIFICATION
ALEX YADGAROV, ESQ. an attorney duly licensed to practice to law in the Courts of
New York, under penalties of perjury, affirms the following to be true:
That I am counsel for Plaintiff(s): LUIS E. RIVERA
That I have reviewed the foregoing Verified Complaint
That the same is true and correct to the best of my own knowledge based upon
client conferences and based upon the file maintained by me.
That the reason this verification is made by me and not by my client is that client
resides in a county other than where my office is situated.
Dated: Rosedale, New York
Decemberf , 2019
ALEX YADGAROV, ESQ.
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Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
LUIS E. RIVERA,
Plaintiff,
-against-
YVETTE GAYLE,
Defendant.
SUMMONS and VERIFIED COMPLAINT
ALEX YADGAROV & ASSOCIATES, P.C.
Attorneys for Plaintiff
LUIS E. RIVERA
One Cross Island Plaza, Suite 203
Rosedale, NY 11422
(718) 276-2800
TO: YVETTE GAYLE
17 Benedict Ave.
Valley Stream, NY 11580
10 of 10
Preview
FILED: NASSAU COUNTY CLERK 02/03/2023 12/09/2019 03:13 03:24 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 79 1 RECEIVED NYSCEF: 02/03/2023 12/09/2019 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NASSAU Date of Purchase: ----------------------------------------------------------------X Plaintiff designates LUIS E. RIVERA, NASSAU County as the place of trial Plaintiff, The basis of venue is -against- Location of Accident YVETTE GAYLE, SUMMONS Location of Accident: Defendant. 385 W. Merrick Road, Near S. Central Ave. Valley Stream, NY Village of Valley Stream, --------------------------------------------------------------X County of Nassau, State of New York. TO THE ABOVE NAMED DEFENDANT 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 this summons, to serve a notice of appearance, on the Plaintiff's Attorney 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 case of your failure to appear or answer, Judgment will be taken against you by default for the relief demanded in the Complaint. Dated: Rosedale, New York Decembed , 2019 Yours, etc. ALEX YAD ASSOCIATES, P.C. BY: ALEX Y GAROV, ESQ. Attorne for Plaintiff LUIS . RIVERA One Cross Island Plaza, Suite 203 Rosedale, NY 11422 (718) 276-2800 TO: YVETTE GAYLE 17 Benedict Ave. Valley Stream, NY 11580 1 of 10 FILED: NASSAU COUNTY CLERK 02/03/2023 12/09/2019 03:13 03:24 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 79 1 RECEIVED NYSCEF: 02/03/2023 12/09/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------------X LUIS E. RIVERA, Index No.: Plaintiff, -against- VERIFIED COMPLAINT YVETTE GAYLE, Defendant. ______ .---------------------------------------------X Plaintiff LUIS E. RIVERA appearing by and through his attorneys ALEX YADGAROV& ASSOCIATES, P.C., sets forth and alleges upon information and belief as follows: 1. That at all times hereinafter mentioned, and on Thursday, January 31, 2019, plaintiff, LUIS E. RIVERA, was and still is a resident of the County ofNassau, State ofNew York. 2. That at all times hereinafter mentioned, and on Thursday, January 31, 2019, defendant, YVETTE GAYLE, was and still is a resident of the County of Nassau, State of New York. 3. That at all times hereinafter mentioned, and on Thursday, January 31, 2019, defendant, YVETTE GAYLE, committed the negligent acts complained of herein within the State of New York. 4. That at all times hereinafter mentioned, and on Thursday, January 31, 2019, the plaintiff, LUIS E. RIVERA, was the operator of the 2016 CHEVROLET motor vehicle bearing New York State registration number HEJ4994. 2 of 10 FILED: NASSAU COUNTY CLERK 02/03/2023 12/09/2019 03:13 03:24 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 79 1 RECEIVED NYSCEF: 02/03/2023 12/09/2019 5. That at all times hereinafter mentioned, and on Thursday, January 31, 2019, defendant, YVETTE GAYLE, was the owner and operator of the 2007 HONDA motor vehicle bearing New York State registration number EYC1813. 6. That at all times hereinafter mentioned and on Thursday, January 31, 2019, the defendant, YVETTE GAYLE, maintained the 2007 HONDA motor vehicle bearing New York State registration number EYC1813. 7. That at all times hereinafter mentioned, and on Thursday, January 31, 2019, the defendant, YVETTE GAYLE, managed the 2007 HONDA motor vehicle bearing New York State registration number EYCl813. 8. That at all times hereinafter mentioned, and on Thursday, January 31, 2019, the defendant, YVETTE GAYLE, controlled the 2007 HONDA motor vehicle bearing New York State registration number EYC1813. 9. That at all times hereinafter mentioned, and on Thursday, January 31, 2019, 385 WEST MERRICK ROAD, 500 Feet West of SOUTH CENTRAL AVENUE, was and still is a public highway and a road in the Village of Valley Stream, County ofNassau, State ofNew York. 10. That on Thursday, January 31, 2019, at approximately 3:45 p.m., at the aforementioned location, the aforesaid 2007 HONDA motor vehicle owned and operated by defendant, YVETTE GAYLE, came into contact with the aforesaid 2016 CHEVROLET motor vehicle operated by the plaintiff, LUIS E. RIVERA, causing the complained of accident. 11. That as a result of the aforesaid contact, plaintiff, LUIS E. RIVERA, was seriously injured and suffered significant damages. 3 of 10 FILED: NASSAU COUNTY CLERK 02/03/2023 12/09/2019 03:13 03:24 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 79 1 RECEIVED NYSCEF: 02/03/2023 12/09/2019 12. Plaintiff, LUIS E. RIVERA, repeats and re-alleges each and every allegation contained in the paragraphs set forth herein above with the same force and effect as though fully set forth at length herein. 13. That the aforesaid contact and the resulting accident were caused by the negligence of the defendant, YVETTE GAYLE, in the ownership, operation, use, management, maintenance and control of the aforesaid 2007 HONDA motor vehicle. 14. That the aforesaid contact between the 2007 HONDA motor vehicle owned and operated by the defendant, YVETTE GAYLE, and the 2016 CHEVROLET motor vehicle owned and operated by the plaintiff, LUIS E. RIVERA, and the resulting accident were caused solely by reason of the negligence of the defendant, YVETTE GAYLE, without any fault or negligence on the part of the plaintiff, LUIS E. RIVERA, contributing thereto. 15. Defendant, YVETTE GAYLE, was negligent, careless and reckless in the ownership, use, operation, management, maintenance, supervision and control of the aforesaid 2007 HONDA motor vehicle. Defendant was otherwise negligent, careless and reckless under the circumstances then and there prevailing. The aforementioned occurrence and Plaintiff's serious injuries and resultant damages, were caused jointly and/or severally by the negligence and/or recklessness of the defendant, YVETTE GAYLE, in the ownership, use, operation, management, maintenance and control of his respective 2007 HONDA, to wit: in negligently and recklessly operating said 2007 HONDA at the excessive rate of speed; in failing to keep proper lookout for traffic conditions then presenting; in in failing to keep proper and safe distance; in failing to operate said vehicle in accordance with and pursuant to the rules of the road; in disregarding traffic regulatory devices including but not limited to traffic signs, controls and speed limits; in failing to keep said vehicle under proper control; in causing and permitting the said 2007 HONDA to be 4 of 10 FILED: NASSAU COUNTY CLERK 02/03/2023 12/09/2019 03:13 03:24 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 79 1 RECEIVED NYSCEF: 02/03/2023 12/09/2019 operated over and along the aforedescribed public highways at an excessive rate of speed and/or at a greater speed than care and caution would permit under the circumstances and conditions then existing to the knowledge of the Defendant; in operating said vehicle in a manner contrary to and in violation of the laws, statutes, ordinances, rules, and regulation of the City and State of New York, including but not limited to the New York State Vehicle and Traffic Law and Chapter 34 of the Rules & Regulations of the City ofNew York [ Traffic Rules and Regulations]; in opening the door of said 2007 HONDA motor vehicle on the side available to moving traffic in an unsafe and negligent manner, and negligently interfering with the movement of other traffic; in failing to make timely and proper use of adequate brakes, turning signal devices and steering mechanisms; in failing to check and properly regulate the speed of the aforesaid vehicle so as to unnecessarily and carelessly expose Plaintiff, to foreseeable injuries and harm; in using, controlling and operating said vehicle in such a negligent and/or reckless manner so as to precipitate the complained of accident to occur without any contribution on the part of the Plaintiff thereto whatsoever; and in otherwise being careless and negligent in the ownership, use, operation, management, maintenance, supervision and control of the Defendant's vehicle in contravention of the laws and rules of the State and City of New York, thereby substantially causing serious injury to plaintiff, LUIS E. RIVERA. 16. Defendant, YVETTE GAYLE, violated all applicable sections of the New York State Vehicle and Traffic Law and the New York City Traffic Rules and Regulations concerning the safe and proper operation of a motor vehicle upon the public ways and streets of the State of New York including but not limited to Vehicle and Traffic Law Sections 375, 1101, 1102, 1105, 1110, 1111, 1113, 1115, 1120, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1130, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1160, 1161, 1162, 1163, 1164, 1166, 1170, 1171, 1172, 1173, 1174, 1175, 5 of 10 FILED: NASSAU COUNTY CLERK 02/03/2023 12/09/2019 03:13 03:24 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 79 1 RECEIVED NYSCEF: 02/03/2023 12/09/2019 1176, 1180, 1180-a, 1181, 1182, 1190, 1192, 1200, 1201, 1202, 1203, 1203-b, 1210, 1211, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1220-a, 1221, 1222, 1223, 1225, 1225-a, 1226, 1227, 1228, 1229, 1229-b, 1229-c, 1250, 1251, 1252, and 1252 of the Vehicle and Traffic Law of the State of New York and Sections 4-03, 4-04, 4-05, 4-06, 4-07, 4-08, 4-09 and 4-12 of the Traffic Regulations of the City of New York, along with all other applicable Statutes, Ordinances, Rules and Regulations. 17. That as a proximate cause or substantial factor of the above negligent and reckless acts and omissions and/or statutory negligence of the defendant, YVETTE GAYLE, the plaintiff, injury" LUIS E. RIVERA, was caused to sustain "serious as defined in Section 5102(d) of the Insurance Law of the State of New York, in that Plaintiff sustained: a fracture and/or a significant disfigurement; a permanent loss of use of a body organ or a member, function and/or a significant limitation of use of a body function and/or system and/or medically determined injury or impairment of non-permanent nature which prevents him from performing substantially of the material acts which constitutes the usual and customary daily activities for not less than ninety (90) days during the one hundred eighty (180) days immediately following the occurrences of the injury or impairment. 18. That by reason of the defendant, YVETTE GAYLE's negligence and the subject occurrence, Plaintiff sustained serious personal injuries that required medical treatment, medication, rehabilitation and other medical services. In addition Plaintiff was caused to suffer great physical pain, shock and mental anguish; and, that Plaintiff's injuries and their effects and residual consequences, upon information and belief, are permanent in nature and have been and shall continue to be in the future the cause of physical pain and mental anguish. 6 of 10 FILED: NASSAU COUNTY CLERK 02/03/2023 12/09/2019 03:13 03:24 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 79 1 RECEIVED NYSCEF: 02/03/2023 12/09/2019 19. That the said serious injuries sustained by the Plaintiff were caused solely by the negligence of the Defendant and without any negligence on the part of the Plaintiff. 20. That by reason of the above, and upon information and belief, Plaintiff was and remains physically unable to perform his usual and customary daily activities which he was able to perform without restrictions before the accident. 21. That as a direct result of the aforementioned accident, the Plaintiff sustained economic loss greater than basic economic loss as defined by Section 5104 of the Insurance Law of the State of New York, in that, all hospital and medical bills unpaid by no-fault insurance and/or resulting medical liens incurred as a consequence of the complained of accident were and are claimed as special damages by the Plaintiff and upon information and belief, the injured Plaintiff shall in the future continue require medical care and therapy, and accordingly shall become liable for such future medical expense for an indefinite period of time into the future. 22. That one or more of the exceptions of §1602 of the Civil Practice Law and Rules applies to the within action. 23. That at all times hereinafter mentioned, Plaintiff was wearing a seat belt and was in compliance with the New York State Vehicle and Traffic Law Section 1229-c. 24. That by reason of the foregoing, Plaintiff has been damaged in sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff, LUIS E. RIVERA, seeks monetary damages and judgment against the defendant, YVETTE GAYLE, as set forth above, in the amount that exceeds the jurisdictional limits of all lower courts, which would otherwise have jurisdiction, together with 7 of 10 FILED: NASSAU COUNTY CLERK 02/03/2023 12/09/2019 03:13 03:24 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 79 1 RECEIVED NYSCEF: 02/03/2023 12/09/2019 interest where applicable herein, and the costs and disbursements of this action. And such other and further relief as to the Court may seem just, proper and equitably. Dated: Rosedale, NY Yours, et . December , 2019 ALEX GAR & ASSOCIATES, P.C. OV, ESQ. t rneys for Plaintiff IS E. RIVERA ne Cross Island Plaza, Suite 203 Rosedale, NY 11422 (718) 276-2800 8 of 10 FILED: NASSAU COUNTY CLERK 02/03/2023 12/09/2019 03:13 03:24 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 79 1 RECEIVED NYSCEF: 02/03/2023 12/09/2019 ATTORNEY VERIFICATION ALEX YADGAROV, ESQ. an attorney duly licensed to practice to law in the Courts of New York, under penalties of perjury, affirms the following to be true: That I am counsel for Plaintiff(s): LUIS E. RIVERA That I have reviewed the foregoing Verified Complaint That the same is true and correct to the best of my own knowledge based upon client conferences and based upon the file maintained by me. That the reason this verification is made by me and not by my client is that client resides in a county other than where my office is situated. Dated: Rosedale, New York Decemberf , 2019 ALEX YADGAROV, ESQ. 9 of 10 FILED: NASSAU COUNTY CLERK 02/03/2023 12/09/2019 03:13 03:24 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 79 1 RECEIVED NYSCEF: 02/03/2023 12/09/2019 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU LUIS E. RIVERA, Plaintiff, -against- YVETTE GAYLE, Defendant. SUMMONS and VERIFIED COMPLAINT ALEX YADGAROV & ASSOCIATES, P.C. Attorneys for Plaintiff LUIS E. RIVERA One Cross Island Plaza, Suite 203 Rosedale, NY 11422 (718) 276-2800 TO: YVETTE GAYLE 17 Benedict Ave. Valley Stream, NY 11580 10 of 10