On February 20, 2017 a
Request for Judicial Intervention
was filed
involving a dispute between
Harvey Brenton,
and
Motor Vehicle Accident Indemnity Corporation,
for Special Proceedings - Other (permission to sue mvaic)
in the District Court of New York County.
Preview
INDEX NO. 151602/2017
NYSCEF 7
QUEST FOR JUDICIAL INTERVENTION For Court Clerk Use Only:
ucs-840 (7/2012) U m ate
Supreme COURT, COUNTY OF. A
Judge Assigned
Index No: Date Index Issued:
CAPTION: © Enter the complet
case caption.
e Do not use et al or et ano. if more space is required, RorDate—
attach
@ caption rider .
In the Matter of the Application of HARVEY BRETON for an order pursuant to Insurance
lLaw Section 5218 permitting petitioner to bring an action against the Motor Vehicle
(Accident Indemnity Corporation
Plaintiff(s)/Petitioner(s)
panne
[The Motor Vehicle Accident Indemnity Corporation ,
Defendant(s)/Respondent(s)
NATURE OF ACTION OR PROCEEDING: Check ONE box only and specify where indicated.
MATRIMONIAL COMMERCIAL
© Contested © Business Entity (including corporations, partnerships, LLCs, etc)
NOTE: For all Matrimonial actions where the parties have children under O contract
the age of 18, complete and attach the MATRIMONIAL Rul Addendum.
©insurance (where insurer is a party, except arbitration)
For Uncontested Matrimonial actions, use Rul form UD-13.
OUCC (including sales, negotiable instruments)
TORTS O Other Commercial:
Asbestos (specify)
© Breast impiant NOTE: For Commercial Division assignment requests [22 NYCRR §
O Environmental: 202.70(d)], complete and attach the COMMERCIAL DIV Rul Addendum.
(specify) REAL PROPERTY: _ How many properties does the application include?
© Medical, Dental, or Podiatric Malpractice © Condemnation
© Motor Vehicle
© Products Liability:
© Mortgage Foreclosure (speci): O Residential O commercial
Property Address:
(Specify) Street Address City State Zp
© other Negligence: $e NOTE: For Mortgage Foreclosure actions involving a one- tofour-family,
(specify) owner-occupied, residential property, or an owner-occupied
© other Professional Malpractice: condominium, complete and attach the FORECLOSURE Ru! Addendum.
(specify) © Tax Certiorari - Section: Block: Lot:
© other Tort: © Tax Foreclosure
(specify)
© other Real Property:
OTHER MATTERS (specify)
©Certificate of incorporation/Dissolution [see NOTE under Commercial] SPECIAL PROCEEDINGS
© Emergency Medical Treatment CPLR Article 75 (Arbitration) [see NOTE under Commercial]
O Habeas Corpus O CPLR Article 78 (Body or Officer)
Local Court Appeal O Election Law
© Mechanic's Lien © MHL Article 9.60 (Kendra's Law)
O Name Change © MHL Article 10 (Sex Offender Confinement-Initial)
O Pistol Permit Revocation Hearing © MHL Article 10 (Sex Offender Confinement-Review)
O Sale or Finance of Religious/Not-for-Profit Property © MHL Article 81 (Guardianship)
O Other. © other Mental Hygiene:
(specify)
© other Special Proceeding:Permission to sue that Ins Law Section 5218
(specify)
STATUS OF ACTION.OR PROCEEDING: _ ____ Answe
YES orr:
NO for EVERY question AND enter additional information where indicated.
YES | NO
Has a summons and complaint or summons winotice been filed?
Has a summons and complaint or summons winotice been served?
° © If yes, date filed:
|s this action/proceeding being filed post-judgment? ° © If yes, date served:
° © Ifyes, judgment—
date:
1 of
“a
INDEX NO. 151602/2017
FU Re 6F JUDICIAL INTERVENTION: RECEIVED
Check ONE box only AND. enter additional information where indicated.
NYSCEF: 02/20/2017
Infant's Compromise
© Note of issue and/or Certificate of Readiness
O Notice of Medical, Dental, or Podiatric Malpractice Date Issue Joined:
© Notice of Motion Relief Sought: Return Date:
Notice of Petition Relief Sought: Miscellaneous
Return Date: ee
© order to Show Cause Relief Sought: Return Date: —
Other Ex Parte Application Relief Sought:
© Poor Person Application
© Request for Preliminary Conference
© Residential Mortgage Foreclosure Settlement Conference
© writ of Habeas Corpus
O Other (specity):
List any related actions. For Matrimonial actions, include ‘any related criminal
RELATED CASES: and/or Family Court cases.
S {f additional space is required, complete and attach the Rul Addendum.
Ifnone, leave blank,
Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant Case
PARTIES: For parties without an attomey, check "Un-Rep" box AND enter party
additional space is required, complete and attach the RUI Addendum.
address, phone number and email sacress in space provided.
*
Parties: Attorneys and/or Unrepresented Litigants:
Un-
ined
List parties in caption order and Provide attomey name, firm name, business address, phone number and
Rep | indicate party role(s) (e.g. defendant; address of all attorneys that have appeared in the case. For unreprese
e-mail insurance
3rd-party plaintiff). litigants, provide address, phone number and e-mail address. nted
(YIN): Carrier(s):
Breton Leo
Last Name Donald
Last Name First Name
Harvey Donald Leo and Associates (ves
O First Name
Primary Role:
100-1 Patco Court
Firm Name
Islandia New York 11749
no
Petitioner
‘Street Address
Secondary Role (if any): Zip
{#1 (631) 698-2000 +1 (631) 698-4943
e-mail
Last Name Last Name First Name
Motor VehicleAccident Indemnity Corp Motor Vehicle Accident Indemnity Corp (ves
Primary Role: Firm Name
Respondent }00 William St New York New York 10038
Street Address. City
‘Secondary Role (If any): Zip
(Ono
Phone Fax e-mail
Last Name Last Name First Name
ves
Oo First Name
Primary Role: Firm Name
‘Street Address City State zip
Secondary Role (if any); No
Phone e-mail
Last Name Last Name First Name
(ves
Oo First Name
Primary Role: Firm Name
‘Street Address City State Zp
Secondary Role (if any): (Ono
Phone Fax e-mail
| AFFIRM UNDER THE PENALTY OF PERJURY TH. IAT, TO MY KNOWLED
GE, OTHER THAN AS Ni IOTED ABOVE, THERE ARE AND HAVE
BEEN NO RELATED ACTIONS OR PROCEEDING: 'S, NOR HAS A REQUEST
THIS ACTION OR PROCEEDING. FOR JUDICIAL RVENTION PREVIOUSLY BEEN FILED IN
Dated: 01/23/2017
2514826
MLA SI TURE
Doni Leo, Esq.
ATTORNEY REGISTRATION NUMBER
PRINT OR TYPE NAME
2 of 2
Document Filed Date
February 20, 2017
Case Filing Date
February 20, 2017
Category
Special Proceedings - Other (permission to sue mvaic)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
INDEX NO. 151602/2017 NYSCEF 7 QUEST FOR JUDICIAL INTERVENTION For Court Clerk Use Only: ucs-840 (7/2012) U m ate Supreme COURT, COUNTY OF. A Judge Assigned Index No: Date Index Issued: CAPTION: © Enter the complet case caption. e Do not use et al or et ano. if more space is required, RorDate— attach @ caption rider . In the Matter of the Application of HARVEY BRETON for an order pursuant to Insurance lLaw Section 5218 permitting petitioner to bring an action against the Motor Vehicle (Accident Indemnity Corporation Plaintiff(s)/Petitioner(s) panne [The Motor Vehicle Accident Indemnity Corporation , Defendant(s)/Respondent(s) NATURE OF ACTION OR PROCEEDING: Check ONE box only and specify where indicated. MATRIMONIAL COMMERCIAL © Contested © Business Entity (including corporations, partnerships, LLCs, etc) NOTE: For all Matrimonial actions where the parties have children under O contract the age of 18, complete and attach the MATRIMONIAL Rul Addendum. ©insurance (where insurer is a party, except arbitration) For Uncontested Matrimonial actions, use Rul form UD-13. OUCC (including sales, negotiable instruments) TORTS O Other Commercial: Asbestos (specify) © Breast impiant NOTE: For Commercial Division assignment requests [22 NYCRR § O Environmental: 202.70(d)], complete and attach the COMMERCIAL DIV Rul Addendum. (specify) REAL PROPERTY: _ How many properties does the application include? © Medical, Dental, or Podiatric Malpractice © Condemnation © Motor Vehicle © Products Liability: © Mortgage Foreclosure (speci): O Residential O commercial Property Address: (Specify) Street Address City State Zp © other Negligence: $e NOTE: For Mortgage Foreclosure actions involving a one- tofour-family, (specify) owner-occupied, residential property, or an owner-occupied © other Professional Malpractice: condominium, complete and attach the FORECLOSURE Ru! Addendum. (specify) © Tax Certiorari - Section: Block: Lot: © other Tort: © Tax Foreclosure (specify) © other Real Property: OTHER MATTERS (specify) ©Certificate of incorporation/Dissolution [see NOTE under Commercial] SPECIAL PROCEEDINGS © Emergency Medical Treatment CPLR Article 75 (Arbitration) [see NOTE under Commercial] O Habeas Corpus O CPLR Article 78 (Body or Officer) Local Court Appeal O Election Law © Mechanic's Lien © MHL Article 9.60 (Kendra's Law) O Name Change © MHL Article 10 (Sex Offender Confinement-Initial) O Pistol Permit Revocation Hearing © MHL Article 10 (Sex Offender Confinement-Review) O Sale or Finance of Religious/Not-for-Profit Property © MHL Article 81 (Guardianship) O Other. © other Mental Hygiene: (specify) © other Special Proceeding:Permission to sue that Ins Law Section 5218 (specify) STATUS OF ACTION.OR PROCEEDING: _ ____ Answe YES orr: NO for EVERY question AND enter additional information where indicated. YES | NO Has a summons and complaint or summons winotice been filed? Has a summons and complaint or summons winotice been served? ° © If yes, date filed: |s this action/proceeding being filed post-judgment? ° © If yes, date served: ° © Ifyes, judgment— date: 1 of “a INDEX NO. 151602/2017 FU Re 6F JUDICIAL INTERVENTION: RECEIVED Check ONE box only AND. enter additional information where indicated. NYSCEF: 02/20/2017 Infant's Compromise © Note of issue and/or Certificate of Readiness O Notice of Medical, Dental, or Podiatric Malpractice Date Issue Joined: © Notice of Motion Relief Sought: Return Date: Notice of Petition Relief Sought: Miscellaneous Return Date: ee © order to Show Cause Relief Sought: Return Date: — Other Ex Parte Application Relief Sought: © Poor Person Application © Request for Preliminary Conference © Residential Mortgage Foreclosure Settlement Conference © writ of Habeas Corpus O Other (specity): List any related actions. For Matrimonial actions, include ‘any related criminal RELATED CASES: and/or Family Court cases. S {f additional space is required, complete and attach the Rul Addendum. Ifnone, leave blank, Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant Case PARTIES: For parties without an attomey, check "Un-Rep" box AND enter party additional space is required, complete and attach the RUI Addendum. address, phone number and email sacress in space provided. * Parties: Attorneys and/or Unrepresented Litigants: Un- ined List parties in caption order and Provide attomey name, firm name, business address, phone number and Rep | indicate party role(s) (e.g. defendant; address of all attorneys that have appeared in the case. For unreprese e-mail insurance 3rd-party plaintiff). litigants, provide address, phone number and e-mail address. nted (YIN): Carrier(s): Breton Leo Last Name Donald Last Name First Name Harvey Donald Leo and Associates (ves O First Name Primary Role: 100-1 Patco Court Firm Name Islandia New York 11749 no Petitioner ‘Street Address Secondary Role (if any): Zip {#1 (631) 698-2000 +1 (631) 698-4943 e-mail Last Name Last Name First Name Motor VehicleAccident Indemnity Corp Motor Vehicle Accident Indemnity Corp (ves Primary Role: Firm Name Respondent }00 William St New York New York 10038 Street Address. City ‘Secondary Role (If any): Zip (Ono Phone Fax e-mail Last Name Last Name First Name ves Oo First Name Primary Role: Firm Name ‘Street Address City State zip Secondary Role (if any); No Phone e-mail Last Name Last Name First Name (ves Oo First Name Primary Role: Firm Name ‘Street Address City State Zp Secondary Role (if any): (Ono Phone Fax e-mail | AFFIRM UNDER THE PENALTY OF PERJURY TH. IAT, TO MY KNOWLED GE, OTHER THAN AS Ni IOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDING: 'S, NOR HAS A REQUEST THIS ACTION OR PROCEEDING. FOR JUDICIAL RVENTION PREVIOUSLY BEEN FILED IN Dated: 01/23/2017 2514826 MLA SI TURE Doni Leo, Esq. ATTORNEY REGISTRATION NUMBER PRINT OR TYPE NAME 2 of 2