Preview
FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/14/2021
"B"
EXHIBIT
FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/14/2021
INDEX NO. 526694/2019
FILED: KINGS COUNTY CLERK 12 /09 /2019 01: 2 9 PM)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/09/2019
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS
------------------------------------------------------------------ - ---X SUMMONS
E.Q. and LM_Q., both infants under the age of 14 years by
their Father and natural guardian, MIGUEL ANGEL ESPEJO Plaintiff designates Kings
QUEZADA, A.H., an infant under the age of 14 years by his County as the place of trial.
mother and natural guardian, ELVIRA RODRIGUEZ, and
MIGUEL ANGEL ESPEJO QUEZADA and LILIA ROBLES, The basis of venue is:
Plaintiffs'
individually, residence
Plaintiffs, Plaintiff, LILIA ROBLES,
resides at:
-against- 732 Coney Island Ave.,
Brooklyn, NY 11218
JOSE D. GARCIA and AUTO DRIVING CORONA,
Defendants.
-------------------------------------------------- ---X
To the above named Defendants:
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 Plaintiff's attomeys within twenty days after the services of this Summons 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 manner. 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: Brooklyn, New York Yours, etc.,
December $, 2019 KHAVINSON3tAMSrXTKTf itC.,
By: Of r JTiarchvarofl sq
1601 Gravesend Neck RdAte. # 903
Brooklyn, NY 11220
T: (718) 421-3815
File No.: E-06536
To: JOSE D. GARCIA
104-07 Corona Avenue
Queens, New York 11368
AUTO DR1VING CORONA
104-07 Corona Avenue
Queens, New York 11368
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_________________________.... ._____-.--..____.....----.X
E.Q. and L.M.Q., both infants under the age of 14 years by
their Father and natural guardian, MIGUEL ANGEL ESPEJO
QUEZADA, A.H., an infant under the age of 14 years by his VERIFIED COMPLAINT
mother and natural guardian, ELVIRA RODRIGUEZ, and
MIGUEL ANGEL ESPEJ0 QUEZADA and LILIA
ROBLES, individually, Index No.:
Plaintiffs,
-against-
JOSE D. GARCIA and AUTO DRIVING CORONA,
Defendants.
__________________________________________.--------X
Plaintiffs, E.Q. and L.M.Q., both infants under the age of 14 years by their Father and
natural guardian, MIGUEL ANGEL ESPEJO QUEZADA, A.H., an infant under the age of 14
years by his mother and natural guardian, ELVIRA RODRJGUEZ, and MIGUEL ANGEL
ESPEJO QUEZADA and LILIA ROBLES, individually, by their attorneys, KHAVINSON &
ASSOCIATES, P.C., as and for a cause of action alleges upon information and belief as follows:
l. At all times mentioned herein, plaintiff, E.Q., was and is still a resident of the State of
New York, Kings County.
2. At all times mentioned herein, plaintiff, E.Q., was and is a minor under the age of 14
years old.
3. At all times mentioned herein, plaintiff, L.M.Q., was and is still a resident of the State of
New York, Kings County.
4. At all times mentioned herein, plaintiff, LM.Q., was and is a minor under the age of 14
years old.
5. At all times mentioned herein, plaintiff, A.H., was and is still a resident of the State of
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New York, Kings County.
6. At all times mentioned herein, plaintiff, A.H., was and is a minor under the age of 14
years old.
7. At all times mentioned herein, plaintiff, MIGUEL ANGEL ESPEJO QUEZADA, was
and is over the age of 18 years old
8. At all times mentioned herein, plaintiff, LlLIA ROBLES, was and is still a resident of the
State of New York, Kings County.
9. At all times mentioned herein, plaintiff, LILIA ROBLES, was and is over the age of 18
years old.
10. That on or about October 27, 2019, plaintiffs, E.Q., L.M.Q., A.H. and LILIA ROBLES,
were the restrained passengers of a 2012 HONDA motor vehicle bearing Illinois State license
plate number BG18740 and operated by plaintiff MIGUEL ANGEL ESPEJO QUEZADA, which
11l* 49*
was traveling at or near the intersection of Street and Avenue, Queens, NY, County of
Queens, City and State ofNew York.
I1. That on or about October 27, 2019, plaintiff, MlGUEL ANGEL ESPEJO QUEZADA,
was the registered owner and restrained operator of the aforementioned 2012 HONDA motor
vehicle bearing Illinois State license plate number BGl8740, traveling at or near the intersection
111* 49*
of Street and Avenue, Queens, NY, County of Queens, State of New York.
12. At all times mentioned herein, defendant, JOSE D. GARCIA, was and is still a resident of
the State of New York, Queens County.
13. At all times mentioned herein, defendant, JOSE D. GARCIA, was and is over the age of 18
years old.
14. That on or about October 27, 2019, defendant, JOSE D. GARCIA, was the operator of a
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2001 TOYOTA motor vehicle.
15. That on or about October 27, 2019. defendant, JOSE D. GARCIA, was the operator of a
2001 TOYOTA SEDAN, bearing New York State license plate number JFZ5702.
15. That on or about October 27, 2019, defendant, AUTO DRIVING CORONA, was and is a
business corporation registered with the State of New York.
16. That on or about October 27, 2019, defendant, AUTO DRIVING CORONA, was and is a
business corporation registered with the State of New York, with its Principal Place of Business at
104-07 Corona Avenue, Queens, New York 11368.
17. That on or about October 27, 2019. defendant, AUTO DRIVING CORONA.. was the
registered owner of a 2001 TOYOTA motor vehicle.
18. That on or about October 27, 2019, defendant, AUTO DRIVING CORONA, was the
registered owner of a 2001 TOYOTA SEDAN, bearing New York State license plate number
JFZ5702.
19. That on or about October 27, 2019, defendant, JOSE D. GARCIA, operated the
aforementioned 2001 TOYOTA SEDAN, bearing New York State license plate number JFZ5702,
with the permission and consent of its owner, defendant, AUTO DRIVING CORONA.
20. That on or about October 27, 2019, defendant, JOSE D. GARCIA, was an employee of
defendant, AUTO DRIVING CORONA.
21. That on October 27, 2019, defendant, JOSE D. GARCIA, operated the aforementioned
2001 TOYOTA SEDAN, bearing New York State license plate number JFZ5702, while in the
scope of his employment with defendant, AUTO DRIVING CORONA.
22. That on or about October 27, 2019, there was a violent two-vehicle collision involving
the vehicle operated owned by defendant AUTO DRIVING CORONA and operated by defendant,
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JOSE D. GARCIA, and the vehicle owned and operated by plaintiff, NIIGUEL ANGEL ESPEJO
I1l* 49"'
QUEZADA, at or near the intersection of Street and Avenue, Queens, NY, County of
Queens, City and State ofNew York.
23. That the said collision occurred when the vehicle owned by defendant AUTO DRIVING
CORONA and operated by defendant, JOSE D. GARCIA. violently struck the vehicle owned and
operated by the plaintiff, MIGUEL ANGEL ESPEJO QUEZADA, in which plaintiffs, E.Q.,
L.M.Q., A.H. and LlLIA ROBLES, were passengers.
24. That the herein defendants, JOSE D. GARCIA and AUTO DRIVING CORONA, violated
theNew York Vehicle and Traffic Laws.
25. That the herein defendants, JOSE D. GARCIA and AUTO DRIVING CORONA, failed to
use reasonable care under the circumstances in order to avoid the subject collision, thereby solely
causing the collision.
26. That as a result of the said collision, all of the involved motor vehicles sustained vehicular
damage.
AS AND FOR A FIRST CAUSE OF ACTION FOR E.O.
27. Plaintiffs, repeat and re-allege all the allegations contained in paragraphs 1-26 above as if
set forth more fully herein.
defendants'
28. That the aforesaid collision above was solely caused by negligence.
defendants'
29. That the aforesaid collision above was solely caused by recklessness.
30. That plaintiff. E.Q. shares no comparative fault and displayed no want of care for the
subject collision.
defendants'
31. That as a direct result of negligence and/or recklessness. plaintiff. E.Q., was
rendered sick, lame, unable to work, suffered mental anguish, emotional distress, pain and
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suffering, and loss of enjoyment in their life.
32. That plaintiff, E.Q., was seriously and permanently injured as defined under New York
defendants'
Insurance Law § 5102(d) solely as a result of negligence and/or recklessness.
33. That plaintiff, E.Q., will require medical attention for the rest of his life as a result of the
aforesaid serious and permanent injuries.
defendants'
34. That as a direct result of negligence and/or recklessness. plaintiff E.Q.
sustained ecoñómic damages in excess of basic economic loss under New York Insurance Law §
5104.
35. That by reason of the foregoing, plaintiff, E.Q., has been damaged in an amount which
exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
36. That this action falls under one or more of the exceptions of Article I602 of New York's
CPLR.
AS AND FOR A FIRST CAUSE OF ACTION FOR PLAINTIFF L.M.O.
37. Plaintiffs, repeat and re-allege all the allegations contained in paragraphs 1-36 above as if
set forth rnore fully herein.
defendants'
38. That the aforesaid collision above was solely caused by negligence.
defendants'
39. That the aforesaid collision above was solely caused by recklessness.
40. That plaintiff, L.M.Q. shares no comparative fault and displayed no want of care for the
subject collision.
defendants'
41. That as a direct result of negligence and/or recklessness, plaintiff L.M.Q.
was rendered sick, lame, unable to work, suffered mental anguish, emotional distress, pain and
suffering, and loss of enjoyment in their life.
42. That plaintiff L.M.Q. was seriously and pem1anently injured under New York insurance
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defendants'
Law § 5102(d) solely as a result of negligence and/or recklessness.
43. That plaintiff L.M.Q. will require medical attention for the rest of their life as a result of
their aforesaid serious and permanent injuries.
defendants'
44. That as a direct result of negligence and/or recklessness, plaintiff LM.Q.
sustained economic damages in excess of basic cconomic loss under New York Insurance Law §
5104.
45. That by reason of the foregaing, plaintiffs has been damaged in an amount which exceeds
the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
46. That this action falls under one or more of the exceptions of Article 1602 of New York's
CPLR.
AS AND FOR A FIRST CAUSE OF ACTION FOR PLAINTIFF A.H.
47. Plaintiffs, repeat and re-allege all the allegations contained in paragraphs 1-46 above as if
set forth more fully herein.
defendants'
48. That the aforesaid collision above was solely caused by negligence.
defendants'
49. That the aforesaid collision above was solely caused by recklessness.
50. That plaintiff, A.H. shares no comparative fault and displayed no want of care for the
subject collision.
defendants'
51. That as a direct result of negligence and/or recklessness, plaintiff, A.H., was
rendered sick, lame, unable to work, suffered mental anguish, emotional distress, pain and
suffering, and loss of enjoyment in their life.
52. That plaintiff, A.H., was seriously and permanently injured as defined under New York
defendants'
Insurance Law § 5102(d) solely as a result of negligence and/or recklessness.
53. That plaintiff, A.H., will require medical attention for the rest of his life as a result of the
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aforesaid serious and permanent injuries.
defendants'
54. That as a direct result of negligence and/or recklessness, plainti ff A.H.
sustained economic damages in excess of basic economic loss under New York Insurance Law §
5104.
55. That by reason of the foregoing, plaintiff, A.H., has been damaged in an amount which
exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
56. That this action falls under one or more of the exceptions of Article 1602 of New York's
CPLR.
AS AND FOR A FIRST CAUSE OF ACTION FOR PLAINTIFF
MIGlJEL ANGEL ESPE.JO OUEZADA
57. Plaintiffs. repeat and re-allege all the allegations contained in paragraphs 1-56 above as if
set forth more fully herein.
defendants'
58. That the aforesaid collision above was solely caused by negligence.
defendants'
59. That the aforesaid collision above was solely caused by recklessness.
60. That plaintiff. MiGUEL ANGEL ESPEJO QUEZADA shares no comparative fault and
displayed no want of care for the subject collision.
defendants'
61. That as a direct result of negligence and/or recklessness. plaintiff, MlGUEL
ANGEL ESPEJO QUEZADA, was rendered sick, lame, unable to work, suffered mental
anguish, emotional distress. pain and suffering, and loss of enjoymem in their life.
62. That plaintiff, MIGUEL ANGEL ESPEJO QUE7-ADA, was seriously and permanently
injured as defined under New York Insurance Law § 5102(d) solely as a result of defendants
negligence and or recklessness.
63. That plaintiff, MIGUEL ANGEL ESPEJO QUEZADA, will require medical attention for
8 of 13
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the rest ofhis life as a result of the aforesaid serious and permanent injuries.
defendants'
64. That as a direct result of negligence and/or recklessness, plaintiff MIGUEL
ANGEL ESPEJO QUEZADA sustained economic damages in excess of basic economic loss
under New York Insurance Law § 5104.
65. That by reason of the foregoing, plaintiff, MIGUEL ANGEL ESPEJO QUEZADA, has
been damaged in an amount which exceeds the jurisdictional limits of all lower courts which
would otherwise have jurisdiction.
66. That this action falls under one or more ofthe exceptions of Article 1602 of New York's
CPLR.
AS AND FOR A FIRST CAUSE OF ACTION FOR PLAINTIFF LILIA ROBLES
67. Plaintiffs, repeat and re-allege all the allegations contained in paragraphs 1-66 above as if
set forth more fully herein.
defendants'
68. That the aforesaid collision above was solely caused by negligence.
defendants'
69. That the aforesaid collision above was solely caused by recklessness.
70. That plaintiff, LILIA ROBLES shares no comparative fault and displayed no want of care
for the subject collision.
defendants'
71. That as a direct result of negligence and/or recklessness. plaintiff, LlLIA
ROBLES, was rendered sick, lame, unable to work, suffered mental anguish. emotional distress,
pain and suffering, and loss ofenjoyment in their life.
72. That plaintiff, LILIA ROBLES, was seriously and permanently injured as defined under
defendants'
New York Insurance Law § 5102(d) solely as a result of negligence and/or
recklessness.
73. That plaintiff, LILIA ROBLES, will require medical attention for the rest of his life as a
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result of the aforesaid serious and permanent injuries.
defendants'
74. That as a direct result of negligence and/or recklessness, plaintiff LILIA
ROBLES sustained economic damages in excess of basic economic loss under New York
Insurance Law § 5104.
75. That by reason of the foregaing, plaintiff. LILIA ROBLES, has been damaged in an
amount which exceeds the jurisdictional limits of all tower courts which would otherwise have
jurisdiction.
76. That this action falls under one or more of the exceptions of Article 1602 of New York's
CPLR.
WHEREFORE,
Preview
FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/14/2021 "B" EXHIBIT FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/14/2021 INDEX NO. 526694/2019 FILED: KINGS COUNTY CLERK 12 /09 /2019 01: 2 9 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/09/2019 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS ------------------------------------------------------------------ - ---X SUMMONS E.Q. and LM_Q., both infants under the age of 14 years by their Father and natural guardian, MIGUEL ANGEL ESPEJO Plaintiff designates Kings QUEZADA, A.H., an infant under the age of 14 years by his County as the place of trial. mother and natural guardian, ELVIRA RODRIGUEZ, and MIGUEL ANGEL ESPEJO QUEZADA and LILIA ROBLES, The basis of venue is: Plaintiffs' individually, residence Plaintiffs, Plaintiff, LILIA ROBLES, resides at: -against- 732 Coney Island Ave., Brooklyn, NY 11218 JOSE D. GARCIA and AUTO DRIVING CORONA, Defendants. -------------------------------------------------- ---X To the above named Defendants: 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 Plaintiff's attomeys within twenty days after the services of this Summons 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 manner. 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: Brooklyn, New York Yours, etc., December $, 2019 KHAVINSON3tAMSrXTKTf itC., By: Of r JTiarchvarofl sq 1601 Gravesend Neck RdAte. # 903 Brooklyn, NY 11220 T: (718) 421-3815 File No.: E-06536 To: JOSE D. GARCIA 104-07 Corona Avenue Queens, New York 11368 AUTO DR1VING CORONA 104-07 Corona Avenue Queens, New York 11368 1 of 13 FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/14/2021 CLERK INDEX NO. 526694/2019 [FILED: KINGS COUNTY 12 /09/2019 01: 2 9 PMj NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/09/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _________________________.... ._____-.--..____.....----.X E.Q. and L.M.Q., both infants under the age of 14 years by their Father and natural guardian, MIGUEL ANGEL ESPEJO QUEZADA, A.H., an infant under the age of 14 years by his VERIFIED COMPLAINT mother and natural guardian, ELVIRA RODRIGUEZ, and MIGUEL ANGEL ESPEJ0 QUEZADA and LILIA ROBLES, individually, Index No.: Plaintiffs, -against- JOSE D. GARCIA and AUTO DRIVING CORONA, Defendants. __________________________________________.--------X Plaintiffs, E.Q. and L.M.Q., both infants under the age of 14 years by their Father and natural guardian, MIGUEL ANGEL ESPEJO QUEZADA, A.H., an infant under the age of 14 years by his mother and natural guardian, ELVIRA RODRJGUEZ, and MIGUEL ANGEL ESPEJO QUEZADA and LILIA ROBLES, individually, by their attorneys, KHAVINSON & ASSOCIATES, P.C., as and for a cause of action alleges upon information and belief as follows: l. At all times mentioned herein, plaintiff, E.Q., was and is still a resident of the State of New York, Kings County. 2. At all times mentioned herein, plaintiff, E.Q., was and is a minor under the age of 14 years old. 3. At all times mentioned herein, plaintiff, L.M.Q., was and is still a resident of the State of New York, Kings County. 4. At all times mentioned herein, plaintiff, LM.Q., was and is a minor under the age of 14 years old. 5. At all times mentioned herein, plaintiff, A.H., was and is still a resident of the State of 2 of 13 FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/14/2021 TNDEX NO. 526694/2019 [E1LED: KINGS COUNTY CLERK 12 /09/2019 01: 29 PM) NVSCEF DOC. NO. 3 RECEIVED NYSCEF: I2/09/2019 New York, Kings County. 6. At all times mentioned herein, plaintiff, A.H., was and is a minor under the age of 14 years old. 7. At all times mentioned herein, plaintiff, MIGUEL ANGEL ESPEJO QUEZADA, was and is over the age of 18 years old 8. At all times mentioned herein, plaintiff, LlLIA ROBLES, was and is still a resident of the State of New York, Kings County. 9. At all times mentioned herein, plaintiff, LILIA ROBLES, was and is over the age of 18 years old. 10. That on or about October 27, 2019, plaintiffs, E.Q., L.M.Q., A.H. and LILIA ROBLES, were the restrained passengers of a 2012 HONDA motor vehicle bearing Illinois State license plate number BG18740 and operated by plaintiff MIGUEL ANGEL ESPEJO QUEZADA, which 11l* 49* was traveling at or near the intersection of Street and Avenue, Queens, NY, County of Queens, City and State ofNew York. I1. That on or about October 27, 2019, plaintiff, MlGUEL ANGEL ESPEJO QUEZADA, was the registered owner and restrained operator of the aforementioned 2012 HONDA motor vehicle bearing Illinois State license plate number BGl8740, traveling at or near the intersection 111* 49* of Street and Avenue, Queens, NY, County of Queens, State of New York. 12. At all times mentioned herein, defendant, JOSE D. GARCIA, was and is still a resident of the State of New York, Queens County. 13. At all times mentioned herein, defendant, JOSE D. GARCIA, was and is over the age of 18 years old. 14. That on or about October 27, 2019, defendant, JOSE D. GARCIA, was the operator of a 3 of 13 FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/14/2021 FILED: KINGS COUNTY CLERK 2 9 INDEX NO. 526694/2019 12/0 9 /2 019 01: PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/09/2019 2001 TOYOTA motor vehicle. 15. That on or about October 27, 2019. defendant, JOSE D. GARCIA, was the operator of a 2001 TOYOTA SEDAN, bearing New York State license plate number JFZ5702. 15. That on or about October 27, 2019, defendant, AUTO DRIVING CORONA, was and is a business corporation registered with the State of New York. 16. That on or about October 27, 2019, defendant, AUTO DRIVING CORONA, was and is a business corporation registered with the State of New York, with its Principal Place of Business at 104-07 Corona Avenue, Queens, New York 11368. 17. That on or about October 27, 2019. defendant, AUTO DRIVING CORONA.. was the registered owner of a 2001 TOYOTA motor vehicle. 18. That on or about October 27, 2019, defendant, AUTO DRIVING CORONA, was the registered owner of a 2001 TOYOTA SEDAN, bearing New York State license plate number JFZ5702. 19. That on or about October 27, 2019, defendant, JOSE D. GARCIA, operated the aforementioned 2001 TOYOTA SEDAN, bearing New York State license plate number JFZ5702, with the permission and consent of its owner, defendant, AUTO DRIVING CORONA. 20. That on or about October 27, 2019, defendant, JOSE D. GARCIA, was an employee of defendant, AUTO DRIVING CORONA. 21. That on October 27, 2019, defendant, JOSE D. GARCIA, operated the aforementioned 2001 TOYOTA SEDAN, bearing New York State license plate number JFZ5702, while in the scope of his employment with defendant, AUTO DRIVING CORONA. 22. That on or about October 27, 2019, there was a violent two-vehicle collision involving the vehicle operated owned by defendant AUTO DRIVING CORONA and operated by defendant, 4 of 13 FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/14/2021 . KINGS COUNTY CLERK TNDEX NO. 526694/2019 [FILED: 12/09/2019 01: 29 PM1 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/09/2019 JOSE D. GARCIA, and the vehicle owned and operated by plaintiff, NIIGUEL ANGEL ESPEJO I1l* 49"' QUEZADA, at or near the intersection of Street and Avenue, Queens, NY, County of Queens, City and State ofNew York. 23. That the said collision occurred when the vehicle owned by defendant AUTO DRIVING CORONA and operated by defendant, JOSE D. GARCIA. violently struck the vehicle owned and operated by the plaintiff, MIGUEL ANGEL ESPEJO QUEZADA, in which plaintiffs, E.Q., L.M.Q., A.H. and LlLIA ROBLES, were passengers. 24. That the herein defendants, JOSE D. GARCIA and AUTO DRIVING CORONA, violated theNew York Vehicle and Traffic Laws. 25. That the herein defendants, JOSE D. GARCIA and AUTO DRIVING CORONA, failed to use reasonable care under the circumstances in order to avoid the subject collision, thereby solely causing the collision. 26. That as a result of the said collision, all of the involved motor vehicles sustained vehicular damage. AS AND FOR A FIRST CAUSE OF ACTION FOR E.O. 27. Plaintiffs, repeat and re-allege all the allegations contained in paragraphs 1-26 above as if set forth more fully herein. defendants' 28. That the aforesaid collision above was solely caused by negligence. defendants' 29. That the aforesaid collision above was solely caused by recklessness. 30. That plaintiff. E.Q. shares no comparative fault and displayed no want of care for the subject collision. defendants' 31. That as a direct result of negligence and/or recklessness. plaintiff. E.Q., was rendered sick, lame, unable to work, suffered mental anguish, emotional distress, pain and s of 13 FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/14/2021 |FILED: RINGS COUNTY CLERK 12 70972¯019 01: 2 9 INDEX NO. s26694/2019 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 32/09/2019 suffering, and loss of enjoyment in their life. 32. That plaintiff, E.Q., was seriously and permanently injured as defined under New York defendants' Insurance Law § 5102(d) solely as a result of negligence and/or recklessness. 33. That plaintiff, E.Q., will require medical attention for the rest of his life as a result of the aforesaid serious and permanent injuries. defendants' 34. That as a direct result of negligence and/or recklessness. plaintiff E.Q. sustained ecoñómic damages in excess of basic economic loss under New York Insurance Law § 5104. 35. That by reason of the foregoing, plaintiff, E.Q., has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 36. That this action falls under one or more of the exceptions of Article I602 of New York's CPLR. AS AND FOR A FIRST CAUSE OF ACTION FOR PLAINTIFF L.M.O. 37. Plaintiffs, repeat and re-allege all the allegations contained in paragraphs 1-36 above as if set forth rnore fully herein. defendants' 38. That the aforesaid collision above was solely caused by negligence. defendants' 39. That the aforesaid collision above was solely caused by recklessness. 40. That plaintiff, L.M.Q. shares no comparative fault and displayed no want of care for the subject collision. defendants' 41. That as a direct result of negligence and/or recklessness, plaintiff L.M.Q. was rendered sick, lame, unable to work, suffered mental anguish, emotional distress, pain and suffering, and loss of enjoyment in their life. 42. That plaintiff L.M.Q. was seriously and pem1anently injured under New York insurance 6 of 13 FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/14/2021 . KINGS INDEX NO. 526694/2019 IFILED: COUNTY CLERK 12 / 09 / 2 019 01: 29 PM| NYShEF DOC. NO. 1 RECETVED NYSCEF: 12/09/2019 defendants' Law § 5102(d) solely as a result of negligence and/or recklessness. 43. That plaintiff L.M.Q. will require medical attention for the rest of their life as a result of their aforesaid serious and permanent injuries. defendants' 44. That as a direct result of negligence and/or recklessness, plaintiff LM.Q. sustained economic damages in excess of basic cconomic loss under New York Insurance Law § 5104. 45. That by reason of the foregaing, plaintiffs has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 46. That this action falls under one or more of the exceptions of Article 1602 of New York's CPLR. AS AND FOR A FIRST CAUSE OF ACTION FOR PLAINTIFF A.H. 47. Plaintiffs, repeat and re-allege all the allegations contained in paragraphs 1-46 above as if set forth more fully herein. defendants' 48. That the aforesaid collision above was solely caused by negligence. defendants' 49. That the aforesaid collision above was solely caused by recklessness. 50. That plaintiff, A.H. shares no comparative fault and displayed no want of care for the subject collision. defendants' 51. That as a direct result of negligence and/or recklessness, plaintiff, A.H., was rendered sick, lame, unable to work, suffered mental anguish, emotional distress, pain and suffering, and loss of enjoyment in their life. 52. That plaintiff, A.H., was seriously and permanently injured as defined under New York defendants' Insurance Law § 5102(d) solely as a result of negligence and/or recklessness. 53. That plaintiff, A.H., will require medical attention for the rest of his life as a result of the 7 of 13 FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/14/2021 INDEX No. 526694/2019 |PTLED: KINGS COUNTY CLERK 12/09/2019 01: 29 PM1 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/09/2019 aforesaid serious and permanent injuries. defendants' 54. That as a direct result of negligence and/or recklessness, plainti ff A.H. sustained economic damages in excess of basic economic loss under New York Insurance Law § 5104. 55. That by reason of the foregoing, plaintiff, A.H., has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 56. That this action falls under one or more of the exceptions of Article 1602 of New York's CPLR. AS AND FOR A FIRST CAUSE OF ACTION FOR PLAINTIFF MIGlJEL ANGEL ESPE.JO OUEZADA 57. Plaintiffs. repeat and re-allege all the allegations contained in paragraphs 1-56 above as if set forth more fully herein. defendants' 58. That the aforesaid collision above was solely caused by negligence. defendants' 59. That the aforesaid collision above was solely caused by recklessness. 60. That plaintiff. MiGUEL ANGEL ESPEJO QUEZADA shares no comparative fault and displayed no want of care for the subject collision. defendants' 61. That as a direct result of negligence and/or recklessness. plaintiff, MlGUEL ANGEL ESPEJO QUEZADA, was rendered sick, lame, unable to work, suffered mental anguish, emotional distress. pain and suffering, and loss of enjoymem in their life. 62. That plaintiff, MIGUEL ANGEL ESPEJO QUE7-ADA, was seriously and permanently injured as defined under New York Insurance Law § 5102(d) solely as a result of defendants negligence and or recklessness. 63. That plaintiff, MIGUEL ANGEL ESPEJO QUEZADA, will require medical attention for 8 of 13 FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/14/2021 KINGS COUNTY CLERK INDEX NO. 526694/2019 (FILED: 12 /09/2019 01:29 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 3 2/09/2019 the rest ofhis life as a result of the aforesaid serious and permanent injuries. defendants' 64. That as a direct result of negligence and/or recklessness, plaintiff MIGUEL ANGEL ESPEJO QUEZADA sustained economic damages in excess of basic economic loss under New York Insurance Law § 5104. 65. That by reason of the foregoing, plaintiff, MIGUEL ANGEL ESPEJO QUEZADA, has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 66. That this action falls under one or more ofthe exceptions of Article 1602 of New York's CPLR. AS AND FOR A FIRST CAUSE OF ACTION FOR PLAINTIFF LILIA ROBLES 67. Plaintiffs, repeat and re-allege all the allegations contained in paragraphs 1-66 above as if set forth more fully herein. defendants' 68. That the aforesaid collision above was solely caused by negligence. defendants' 69. That the aforesaid collision above was solely caused by recklessness. 70. That plaintiff, LILIA ROBLES shares no comparative fault and displayed no want of care for the subject collision. defendants' 71. That as a direct result of negligence and/or recklessness. plaintiff, LlLIA ROBLES, was rendered sick, lame, unable to work, suffered mental anguish. emotional distress, pain and suffering, and loss ofenjoyment in their life. 72. That plaintiff, LILIA ROBLES, was seriously and permanently injured as defined under defendants' New York Insurance Law § 5102(d) solely as a result of negligence and/or recklessness. 73. That plaintiff, LILIA ROBLES, will require medical attention for the rest of his life as a 9 of 13 FILED: KINGS COUNTY CLERK 01/14/2021 03:45 PM INDEX NO. 526694/2019 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 01/14/2021 TNDEX NO. 526694/2019 (FILED: KINGS COUNTY CLERK 12/09/2019 01: 29 PM) NYSCEF DOC. NO. 1 RECETVED NYSCEF- 12/09/2019 result of the aforesaid serious and permanent injuries. defendants' 74. That as a direct result of negligence and/or recklessness, plaintiff LILIA ROBLES sustained economic damages in excess of basic economic loss under New York Insurance Law § 5104. 75. That by reason of the foregaing, plaintiff. LILIA ROBLES, has been damaged in an amount which exceeds the jurisdictional limits of all tower courts which would otherwise have jurisdiction. 76. That this action falls under one or more of the exceptions of Article 1602 of New York's CPLR. WHEREFORE,