Preview
INDEX NO. 150318/2017
| FILED: NEW YORK COUNTY CLERK 01/10/2017 03:22 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/10/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY. OF NEW YORK
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CALVIN ELLISON,
Plaintiff designates
New York County as the
place of trial
Plaintiff,
The basis of venue is
defendant’s place of business
~against-
SUMMONS
LTB MECHANICAL CORP, and “JOHN DOE” Defendant’s address
229 E, 120" Street
New York, NY 10035
Defendant,
teen een ee renee enema een enn,
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 the Summons, to
serve a Notice of Appearance, on the plaintiff’s attorney within twenty days after the
service of this Summons, exclusive of the day of service (or within thirty 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 Bronx, New York
January 6, 2017
JA EWMAN, P.C.
Atto: ¥s for the Plaintiff
2815 Waterbury Avenue
Bronx, NY 10461
718 823-3122
TO
LTB MECHANICAL
229 B. 120° Street
New York, NY 10035
1 of 6
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ee en ee een
CALVIN ELLISON,
VERIFIED COMPLAINT
Plaintiff,
-against-
LTB MECHANICAL CORP. and “JOHN DOE”,
Defendants.
wane ceenee netic enone nnnnnennnennnnnnennenene: x
Plaintiff, CALVIN ELLISON, by his attorney JAMES NEWMAN,
P.C., upon information and belief, complaining of the defendants, alleges:
1 Upon information and belief, that at all times herein mentioned,
defendant, LTB MECHANICAL CORP. was a domestic corporation doing business in
the State of New York.
2 Upon information and belief, that at all times herein mentioned
defendant, LTB MECHANICAL CORP. was the owner of a certain motor vehicle
plate number unknown, New York, 2016.
3 Upon information and belief, that at all times herein mentioned
defendant, “JOHN DOE” was the operator of the aforementioned motor vehicle owned
by defendant, and operated same with the consent and permission of its owner.
4 Upon information and belief, that at all times herein mentioned
defendant, “JOHN DOE”, was employed by defendant, LTB MECHANICAL CORP.
and acted within the scope and authority of his employment and for the benefit of his
employer.
$ That at all times herein mentioned plaintiff, CALVIN ELLISON
was the operator of a certain motor vehicle, owned by Shavonne Mullen bearing license
2 of 6
plate number HFJ 1595, New York, 2016.
6. On October 26, 2016 at approximately 7:10 p.m., the aforesaid
motor vehicles came into contact with each other on Cross County Pkwy, Yonkers New
York.
7 The aforesaid accident resulted from the negligence of the
defendants in failing to observe the rules of the road then and there prevailing and
in failing to use due care and caution.
8 Solely as a result of the negligence of the defendants, plaintiff
CALVIN ELLISON was personally injured and suffered serious injuries as
defined in Paragraph d, Section 5102 of the Comprehensive Automobile Insurance
Reparations Act and he also suffered basic economic loss as well as other economic
loss and special damages and severe and significant personal injuries and was other-
wise damaged, all in the sum in excess of the jurisdiction of any Court lower than
the Supreme Court.
9 The limitations on liability set forth in CPLR Section 1601
do not apply to this action.
10. The limitations on liability set forth in CPLR Section 1601 do
not apply to this action by reason of one or more of the exemptions set forth in the
CPLR Section 1602.
WHEREFORE, plaintiff, CALVIN ELLISON, demands judgment
on his cause of action against the defendants in an amount in excess of any jurisdiction
lower than the Supreme Court together with costs, disbursements and interest,
DATED: Bronx, New York
January 6, 2017
3 of 6
f\
JA
[| IEWMAN, ESQ.
Attol for Plaintiff
2815 Waterbury Avenue
Bronx, NY 10461
(718) 823-3122
4 of 6
STATE OF NEW YORK}
)ss
COUNTY OF BRONX)
L Ellie , being duly swom, deposes and says:
Thave read the foregoing
ye
the contents thereof; the same is true to my own knowledge, except
and know
as to the matters therein stated to be alleged on information and
belief, and as to those matters, I believe it to be true.
PO. bp
Sworn to before me this
f, 201
NOTARY PUBLIC
JAWES N EWMAN
WOTARY P LIC, State of New Yor.
lo. 02NE4745409
Comm
Qualified in Suftalk .C 31,
ission Exp ire s Aug
Ou
23g
5 of 6
Index Number:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CALVIN ELLISON,
Plaintiff(s),
-against-
LTB MECHANICAL CORP, and “JOHN DOE”,
Defendants
SUMMONS AND VERIFIED COMPLAINT
& CERTIFICATION PURSUANT TO SECTION 130-1.1-a
JAMES NEWMAN, P.
Attorney for Plaintiff (s)
2815 Waterbury Avenue
Bronx, New York 10461
(718) 823-3122
6 of 6
Preview
INDEX NO. 150318/2017 | FILED: NEW YORK COUNTY CLERK 01/10/2017 03:22 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/10/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY. OF NEW YORK ee eee ee ne eee tne anne enmnenn meme neeeeennele” CALVIN ELLISON, Plaintiff designates New York County as the place of trial Plaintiff, The basis of venue is defendant’s place of business ~against- SUMMONS LTB MECHANICAL CORP, and “JOHN DOE” Defendant’s address 229 E, 120" Street New York, NY 10035 Defendant, teen een ee renee enema een enn, 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 the Summons, to serve a Notice of Appearance, on the plaintiff’s attorney within twenty days after the service of this Summons, exclusive of the day of service (or within thirty 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 Bronx, New York January 6, 2017 JA EWMAN, P.C. Atto: ¥s for the Plaintiff 2815 Waterbury Avenue Bronx, NY 10461 718 823-3122 TO LTB MECHANICAL 229 B. 120° Street New York, NY 10035 1 of 6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ogee eine ee en ee een CALVIN ELLISON, VERIFIED COMPLAINT Plaintiff, -against- LTB MECHANICAL CORP. and “JOHN DOE”, Defendants. wane ceenee netic enone nnnnnennnennnnnnennenene: x Plaintiff, CALVIN ELLISON, by his attorney JAMES NEWMAN, P.C., upon information and belief, complaining of the defendants, alleges: 1 Upon information and belief, that at all times herein mentioned, defendant, LTB MECHANICAL CORP. was a domestic corporation doing business in the State of New York. 2 Upon information and belief, that at all times herein mentioned defendant, LTB MECHANICAL CORP. was the owner of a certain motor vehicle plate number unknown, New York, 2016. 3 Upon information and belief, that at all times herein mentioned defendant, “JOHN DOE” was the operator of the aforementioned motor vehicle owned by defendant, and operated same with the consent and permission of its owner. 4 Upon information and belief, that at all times herein mentioned defendant, “JOHN DOE”, was employed by defendant, LTB MECHANICAL CORP. and acted within the scope and authority of his employment and for the benefit of his employer. $ That at all times herein mentioned plaintiff, CALVIN ELLISON was the operator of a certain motor vehicle, owned by Shavonne Mullen bearing license 2 of 6 plate number HFJ 1595, New York, 2016. 6. On October 26, 2016 at approximately 7:10 p.m., the aforesaid motor vehicles came into contact with each other on Cross County Pkwy, Yonkers New York. 7 The aforesaid accident resulted from the negligence of the defendants in failing to observe the rules of the road then and there prevailing and in failing to use due care and caution. 8 Solely as a result of the negligence of the defendants, plaintiff CALVIN ELLISON was personally injured and suffered serious injuries as defined in Paragraph d, Section 5102 of the Comprehensive Automobile Insurance Reparations Act and he also suffered basic economic loss as well as other economic loss and special damages and severe and significant personal injuries and was other- wise damaged, all in the sum in excess of the jurisdiction of any Court lower than the Supreme Court. 9 The limitations on liability set forth in CPLR Section 1601 do not apply to this action. 10. The limitations on liability set forth in CPLR Section 1601 do not apply to this action by reason of one or more of the exemptions set forth in the CPLR Section 1602. WHEREFORE, plaintiff, CALVIN ELLISON, demands judgment on his cause of action against the defendants in an amount in excess of any jurisdiction lower than the Supreme Court together with costs, disbursements and interest, DATED: Bronx, New York January 6, 2017 3 of 6 f\ JA [| IEWMAN, ESQ. Attol for Plaintiff 2815 Waterbury Avenue Bronx, NY 10461 (718) 823-3122 4 of 6 STATE OF NEW YORK} )ss COUNTY OF BRONX) L Ellie , being duly swom, deposes and says: Thave read the foregoing ye the contents thereof; the same is true to my own knowledge, except and know as to the matters therein stated to be alleged on information and belief, and as to those matters, I believe it to be true. PO. bp Sworn to before me this f, 201 NOTARY PUBLIC JAWES N EWMAN WOTARY P LIC, State of New Yor. lo. 02NE4745409 Comm Qualified in Suftalk .C 31, ission Exp ire s Aug Ou 23g 5 of 6 Index Number: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CALVIN ELLISON, Plaintiff(s), -against- LTB MECHANICAL CORP, and “JOHN DOE”, Defendants SUMMONS AND VERIFIED COMPLAINT & CERTIFICATION PURSUANT TO SECTION 130-1.1-a JAMES NEWMAN, P. Attorney for Plaintiff (s) 2815 Waterbury Avenue Bronx, New York 10461 (718) 823-3122 6 of 6