Preview
(FILED: KINGS COUNTY CLERK 1270272016 01:25 PM INDEX NO. 522080/2016
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2016
SUPREME COURT OF THE STATE OF NEW YORK
Index No.:
COUNTY OF KINGS Date Purchased:
er x SUMMONS
ABIMBOLA AYORINDE,
Plaintiff¢s), Plaintiff designates Kings
County as the place of trial.
- against -
The basis of venue is:
RIAH A. CABRAL and KEVIN CABRAL, Plaintiffs Residence
Plaintiff resides at:
648 Schroeders Avenue
Brooklyn, NY 11239
County of Kings
Defendant(s).
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
the Plaintiff's attomey(s) within twenty days after the service 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. Tn 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.
: lay
GARY P. KAUGETV EC.
Attorneys for Plaintiff(s)
ABIMBOLA AYORINDE
9201 Fourth Avenue
Suite 707
Brooklyn, New York 11209
(718) 833-2496
TO:
Riah A. Cabral: 28 Byron Drive, Westerly, RI 02891
Kevin Cabral: 28 Byron Drive, Westerly, RI 02891
1 of 8SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.:
Date Purchased:
sacar sete eran sin nen nernenmeniiteecnasircmmsacoaaa X
ABIMBOLA AYORINDE, VERIFIED COMPLAINT
Plaintiff(s),
- against -
RIAH A. CABRAL and KEVIN CABRAL,
Defendant(s).
Plaintiff, by
respectful
1.
resident 0
2.
resident 0
3.
resident 0}
4,
Mazda motor vehicle
5.
aforementioned motor vehic
y alleges, upon in!
Ata
er attorneys, GARY P, KAUGET, P. C., complaining of the Defendants,
times
‘ormation and belief:
erein mentioned, Plaintiff ABIMBOLA AYORINDE was, and still is, a
the County of Kings, City and State of New York.
Atal
the State of Rhode Island.
Atal
times
times
the State of Rho
Atal
Ata
times
times
erein mentioned, Defendant RIAH A. CABRAL was, and still is, a
erein mentioned, Defendant KEVIN CABRAL, was, and still is, a
le Island.
erein mentioned, Defendant KEVIN CABRAL was the owner of a 2008
bearing Rhode Island State registration number 421126.
erein mentioned, Defendant RIAH A. CABRAL operated the
le bearing Rhode Island State registration number 421126.
2 of 86. At all times
aforementioned motor vehic
7. At all times
aforementioned motor vehicl
erein mentioned, Defendant RIAH A. CABRAL operated the
le with the permission of Defendant KEVIN CABRAL.
erein mentioned, Defendant RIAH A. CABRAL operated the
e with the knowledge of the Defendant KEVIN CABRAL.
8. Atall times herein mentioned, Defendant RIAH A. CABRAL operated the
aforementioned motor vehic
le with the consent of the Defendant KEVIN CABRAL.
9. At all times herein mentioned, Defendant KEVIN CABRAL managed the aforesaid
motor vehicle.
0. At all times
aforementioned motor vehic
aforementioned motor vehic
aforementioned motor vehic.
3. Atall times
aforementioned motor vehic
4, Atall times
aforementioned motor vehic
5. Atall times
aforementioned motor vehic!
ic.
herein mentioned, Defendant RIAH A. CABRAL managed the
ie.
1 Atall times herein mentioned, Defendant KEVIN CABRAL maintained the
Qi At all times herein mentioned, Defendant RIAH A. CABRAL maintained the
e.
erein mentioned, Defendant KEVIN CABRAL controlled the
e.
erein mentioned, Defendant RIAH A. CABRAL controlled the
ce.
erein mentioned, Defendant RIAH A. CABRAL operated the
e in the scope of her employment with KEVIN CABRAL.
3 0f 816. At all times herein mentioned, Plaintiff ABIMBOLA AYORINDE was the operator of
4 2007 Toyota motor vehicle bearing New York State registration number FXX6726.
17. Atall times herein mentioned, Cross Island Parkway (southbound) at or near its
intersection with Thirty Five Avenue, in the County of Queens, State of New York, were public
roadways, streets and/or thoroughfares.
18. That on May 16, 2014, Defendant RIAH A. CABRAL was operating the vehicle
owned by KEVIN CABRAL, at the aforementioned location.
19, That on May 16, 2014, Plaintiff ABIMBOLA AYORINDE was operating his motor
vehicle at the aforementioned location.
20. That on May 16, 2014, at the aforementioned location, there was contact between the
motor vehicle owned by Defendant KEVIN CABRAL and operated by Defendant RIAH A. CABRAL
and the motor vehicle operated by Plaintiff ABIMBOLA AYORINDE.
21, That as a result of the aforesaid contact, Plaintiff ABIMBOLA AYORINDE was
injured,
22. That the aforesaid occurrence was caused wholly and solely by reason of the
negligence of the Defendants without any fault or negligence on the part of the Plaintiff contributing
thereto.
4 of 823. That Defendants were negligent, careless and reckless in the ownership, operation,
management, maintenance, supervision, use and control of the aforesaid vehicle and the Defendants
were otherwise negligent, careless and reckless under the circumstances then and there prevailing.
24. That by reason of the foregoing, Plaintiff ABIMBOLA AYORINDE sustained severe
and permanent personal injuries; and Plaintiff ABIMBOLA AYORINDE was otherwise damaged.
25; That Plaintiff ABIMBOLA AYORINDE sustained serious injuries as defined by §
5102(d) of the Insurance Law of the State of New York.
26. Phat Plaintiff ABIMBOLA AYORINDE sustained serious injuries and economic loss
greater than basic economic loss as defined by §5104 of the Insurance Law of the State of New York.
27. That Plaintiff ABIMBOLA AYORINDE is not seeking to recover any damages for
which Plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance is
obligated to reimburse Plaintiff. Plaintiff is seeking only to recover those damages not recoverable
through no-fault insurance under the facts and circumstances in this action.
28. That this action falls within one or more of the exceptions set forth in CPLR §1602.
29, — That by reason of the foregoing, Plaintiff ABIMBOLA AYORINDE has been
damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise
have jurisdiction.
5 of 8WHEREFORE, Plaintiff(s) demand(s) judgment against the Defendants herein, in a
sumexceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction,
together with the costs and disbursements of this action.
Dated: Brooklyn, New York
Yours, etc.
BELL
GARY P. KAU@ET, P.-C.
Attorneys for Plaintiff(s)
ABIMBOLA AYORINDE
9201 Fourth Avenue
Suite 707
Brooklyn, New York 11209
(718) 833-2496
6 of 8VERIFICATION BY AFFIDAVIT
STATE OF NEW YORK
Sst
COUNTY OF KINGS
ABIMOLA AYORINDE . being duly sworn, says
Tam a Plaintiff in the action herein: | have read the annexed COMPLAINT and know
the contents thereof, and the same are true lo my knowledge, except those matters therein which
are stated to be alleged upon information and beliel, and as to those matters | believe them to be
true. My belief as to those matters therein not stated upon knowledge, is based upon facts,
records, and other pertinent information contained in my personal files.
DATED: Brooklyn, New York
November 17, 2016
u t oi bacpe wl
ABIMOLA AYORINDE
Sworn to before me this
ay: day ot, Novewmber 220 16
LAL te lett tfeeOLre
Notary Public S
Nella Krioukovsiala
7 of 8Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ABIMBOLA AYORINDE,
Plaintiff(s),
- against -
RIAH A. CABRAL and KEVIN CABRAL,
Defendant(s).
i
SUMMONS & VERIFIED COMPLAINT
i
GARY P. KAUGET, P. C.
Attomeys for Plaintiff
9201 Fourth Avenue
Suite 707
Brooklyn, New York 11209
Tel. No.: (718) 833-2496
Fax No.: (718) 921-4526
i
CERTIFICATION:
To the best of the undersigned’s knowledge, information and belief, formed after an inquiry reasonable
under the circumstances, the within document(s) and contentions contained therein are not frivolous as
defined in 22 NYCRR §130-1.1-a.
Dated: Brooklyn, New York
Gary P. Kauget
8 of 8
Preview
(FILED: KINGS COUNTY CLERK 1270272016 01:25 PM INDEX NO. 522080/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2016 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS Date Purchased: er x SUMMONS ABIMBOLA AYORINDE, Plaintiff¢s), Plaintiff designates Kings County as the place of trial. - against - The basis of venue is: RIAH A. CABRAL and KEVIN CABRAL, Plaintiffs Residence Plaintiff resides at: 648 Schroeders Avenue Brooklyn, NY 11239 County of Kings Defendant(s). 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 the Plaintiff's attomey(s) within twenty days after the service 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. Tn 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. : lay GARY P. KAUGETV EC. Attorneys for Plaintiff(s) ABIMBOLA AYORINDE 9201 Fourth Avenue Suite 707 Brooklyn, New York 11209 (718) 833-2496 TO: Riah A. Cabral: 28 Byron Drive, Westerly, RI 02891 Kevin Cabral: 28 Byron Drive, Westerly, RI 02891 1 of 8SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: Date Purchased: sacar sete eran sin nen nernenmeniiteecnasircmmsacoaaa X ABIMBOLA AYORINDE, VERIFIED COMPLAINT Plaintiff(s), - against - RIAH A. CABRAL and KEVIN CABRAL, Defendant(s). Plaintiff, by respectful 1. resident 0 2. resident 0 3. resident 0} 4, Mazda motor vehicle 5. aforementioned motor vehic y alleges, upon in! Ata er attorneys, GARY P, KAUGET, P. C., complaining of the Defendants, times ‘ormation and belief: erein mentioned, Plaintiff ABIMBOLA AYORINDE was, and still is, a the County of Kings, City and State of New York. Atal the State of Rhode Island. Atal times times the State of Rho Atal Ata times times erein mentioned, Defendant RIAH A. CABRAL was, and still is, a erein mentioned, Defendant KEVIN CABRAL, was, and still is, a le Island. erein mentioned, Defendant KEVIN CABRAL was the owner of a 2008 bearing Rhode Island State registration number 421126. erein mentioned, Defendant RIAH A. CABRAL operated the le bearing Rhode Island State registration number 421126. 2 of 86. At all times aforementioned motor vehic 7. At all times aforementioned motor vehicl erein mentioned, Defendant RIAH A. CABRAL operated the le with the permission of Defendant KEVIN CABRAL. erein mentioned, Defendant RIAH A. CABRAL operated the e with the knowledge of the Defendant KEVIN CABRAL. 8. Atall times herein mentioned, Defendant RIAH A. CABRAL operated the aforementioned motor vehic le with the consent of the Defendant KEVIN CABRAL. 9. At all times herein mentioned, Defendant KEVIN CABRAL managed the aforesaid motor vehicle. 0. At all times aforementioned motor vehic aforementioned motor vehic aforementioned motor vehic. 3. Atall times aforementioned motor vehic 4, Atall times aforementioned motor vehic 5. Atall times aforementioned motor vehic! ic. herein mentioned, Defendant RIAH A. CABRAL managed the ie. 1 Atall times herein mentioned, Defendant KEVIN CABRAL maintained the Qi At all times herein mentioned, Defendant RIAH A. CABRAL maintained the e. erein mentioned, Defendant KEVIN CABRAL controlled the e. erein mentioned, Defendant RIAH A. CABRAL controlled the ce. erein mentioned, Defendant RIAH A. CABRAL operated the e in the scope of her employment with KEVIN CABRAL. 3 0f 816. At all times herein mentioned, Plaintiff ABIMBOLA AYORINDE was the operator of 4 2007 Toyota motor vehicle bearing New York State registration number FXX6726. 17. Atall times herein mentioned, Cross Island Parkway (southbound) at or near its intersection with Thirty Five Avenue, in the County of Queens, State of New York, were public roadways, streets and/or thoroughfares. 18. That on May 16, 2014, Defendant RIAH A. CABRAL was operating the vehicle owned by KEVIN CABRAL, at the aforementioned location. 19, That on May 16, 2014, Plaintiff ABIMBOLA AYORINDE was operating his motor vehicle at the aforementioned location. 20. That on May 16, 2014, at the aforementioned location, there was contact between the motor vehicle owned by Defendant KEVIN CABRAL and operated by Defendant RIAH A. CABRAL and the motor vehicle operated by Plaintiff ABIMBOLA AYORINDE. 21, That as a result of the aforesaid contact, Plaintiff ABIMBOLA AYORINDE was injured, 22. That the aforesaid occurrence was caused wholly and solely by reason of the negligence of the Defendants without any fault or negligence on the part of the Plaintiff contributing thereto. 4 of 823. That Defendants were negligent, careless and reckless in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid vehicle and the Defendants were otherwise negligent, careless and reckless under the circumstances then and there prevailing. 24. That by reason of the foregoing, Plaintiff ABIMBOLA AYORINDE sustained severe and permanent personal injuries; and Plaintiff ABIMBOLA AYORINDE was otherwise damaged. 25; That Plaintiff ABIMBOLA AYORINDE sustained serious injuries as defined by § 5102(d) of the Insurance Law of the State of New York. 26. Phat Plaintiff ABIMBOLA AYORINDE sustained serious injuries and economic loss greater than basic economic loss as defined by §5104 of the Insurance Law of the State of New York. 27. That Plaintiff ABIMBOLA AYORINDE is not seeking to recover any damages for which Plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated to reimburse Plaintiff. Plaintiff is seeking only to recover those damages not recoverable through no-fault insurance under the facts and circumstances in this action. 28. That this action falls within one or more of the exceptions set forth in CPLR §1602. 29, — That by reason of the foregoing, Plaintiff ABIMBOLA AYORINDE has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 5 of 8WHEREFORE, Plaintiff(s) demand(s) judgment against the Defendants herein, in a sumexceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: Brooklyn, New York Yours, etc. BELL GARY P. KAU@ET, P.-C. Attorneys for Plaintiff(s) ABIMBOLA AYORINDE 9201 Fourth Avenue Suite 707 Brooklyn, New York 11209 (718) 833-2496 6 of 8VERIFICATION BY AFFIDAVIT STATE OF NEW YORK Sst COUNTY OF KINGS ABIMOLA AYORINDE . being duly sworn, says Tam a Plaintiff in the action herein: | have read the annexed COMPLAINT and know the contents thereof, and the same are true lo my knowledge, except those matters therein which are stated to be alleged upon information and beliel, and as to those matters | believe them to be true. My belief as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my personal files. DATED: Brooklyn, New York November 17, 2016 u t oi bacpe wl ABIMOLA AYORINDE Sworn to before me this ay: day ot, Novewmber 220 16 LAL te lett tfeeOLre Notary Public S Nella Krioukovsiala 7 of 8Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ABIMBOLA AYORINDE, Plaintiff(s), - against - RIAH A. CABRAL and KEVIN CABRAL, Defendant(s). i SUMMONS & VERIFIED COMPLAINT i GARY P. KAUGET, P. C. Attomeys for Plaintiff 9201 Fourth Avenue Suite 707 Brooklyn, New York 11209 Tel. No.: (718) 833-2496 Fax No.: (718) 921-4526 i CERTIFICATION: To the best of the undersigned’s knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the within document(s) and contentions contained therein are not frivolous as defined in 22 NYCRR §130-1.1-a. Dated: Brooklyn, New York Gary P. Kauget 8 of 8