Preview
FILED: ERIE COUNTY CLERK 06/13/2023 11:04 AM INDEX NO. 807227/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2023
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
MURRAY HOLMAN SUMMONS and
COMPLAINT
Plaintiff,
vs. Index No.:
EUGENE BELL
Defendant.
TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiff's
attorneys, at the address stated below, a written Answer to the attached Complaint.
If this Summons is served upon you within the State of New York by personal service
you must respond within twenty (20) days after service, not counting the day of service. If this
Summons is not personally delivered to you within the State of New York, you must respond
within thirty (30) days after service is complete, as provided by law.
If you do not respond to the attached Complaint within the applicable time limitation
stated above a Judgment will be entered against you, by default for the relief demanded in the
Complaint, without further notice to you.
This action is brought in the County of Erie because it is the Plaintiff's county of
residence.
DATED: June 13, 2023
Kristen Elmore- Esq.
arcia,
Attorney for Plaintiff
JOHN V. ELMORE, P.C.
2969 Main Street, Suite 200
Buffalo, New York 14214
Phone: (716) 300-0000
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FILED: ERIE COUNTY CLERK 06/13/2023 11:04 AM INDEX NO. 807227/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2023
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
Murray Holman COMPLAINT
Plaintiff, Index No.:
vs.
Eugene Bell
Defendant.
Plaintiff, by and through his attorneys, John V. Elmore, P.C., as and for his
Complaint against the Defendant, hereby states and alleges:
1. At all times hereinafter referenced, Plaintiff was and is an individual residing in
the County of Erie and State of New York.
2. Upon information and belief and at all times hereinafter referenced, Defendant
was and is a resident of the County of Erie and State of New York.
3. At all times hereinafter referenced, Defendant Eugene Bell was the operator of a
2006 Suzuki motorcycle with New York State Registration 41TL92.
4. The Plaintiff was at- all times hereinafter referenced using due care.
5. On or about October 11, 2021 at approximately 6:46 p.m., Plaintiff was operating
a 2003 Yamaha motorcycle with New York State Registration 46TL77, which was traveling
northbound on Bailey Avenue near its intersection with East Ferry in the City of Buffalo, County
of Erie, State of New York.
6. At that same time and date, Defendant Eugene Bell was the operator of a
motorcycle which was also traveling Northbound on Bailey Avenue near its intersection with
East Ferry in the City of Buffalo, County of Erie, State of New York.
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FILED: ERIE COUNTY CLERK 06/13/2023 11:04 AM INDEX NO. 807227/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2023
7. Upon information and belief, both the Plaintiff and the Defendant were operating
their motorcycles as part of a memorial motorcycle ride, comprised of approximately 30
motorcyclists all traveling northbound on Bailey Avenue in the City of Buffalo.
8. Due to the negligence of the Defendant, the motorcycle Defendant was operating
collided with the motorcycle that Plaintiff's motorcycle.
9. As a result of the negligence of the Defendant, Plaintiff was ejected from his
motorcycle.
10. As a result of the negligence of the Defendant, Plaintiff sustained multiple serious
injuries.
11. As a result of the negligence of the Defendant, Plaintiff was caused to incur
certain medical expenses and, upon information and belief, will continue to incur medical
expenses in the future.
12. As a result of the negligence of the Defendant, Plaintiff has been caused to sustain
pain and suffering and, upon information and belief, will continue to sustain pain and suffering
from her injuries in the future.
13. As a result of the negligence of the Defendant, Plaintiff has been caused to sustain
a loss of wages and upon information and belief will sustain future loss of wages.
14. As a result of the foregoing, Plaintiff has sustained damages in an amount which
exceeds the jurisdictional limits of all Courts of lower jurisdiction.
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FILED: ERIE COUNTY CLERK 06/13/2023 11:04 AM INDEX NO. 807227/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2023
WHEREFORE, Plaintiff seeks judgment against the Defendant in an amount which
exceeds the jurisdictional limits of all Courts of lower jurisdiction.
DATED: June 13, 2023
Kristen Elmore-Garica, Esq.
Attorney for Plaintiff
JOHN V. ELMORE, P.C.
2969 Main Street, Suite 200
Buffalo, NY 14214
Phone: (716) 300-0000
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Preview
FILED: ERIE COUNTY CLERK 06/13/2023 11:04 AM INDEX NO. 807227/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2023 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE MURRAY HOLMAN SUMMONS and COMPLAINT Plaintiff, vs. Index No.: EUGENE BELL Defendant. TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the Plaintiff's attorneys, at the address stated below, a written Answer to the attached Complaint. If this Summons is served upon you within the State of New York by personal service you must respond within twenty (20) days after service, not counting the day of service. If this Summons is not personally delivered to you within the State of New York, you must respond within thirty (30) days after service is complete, as provided by law. If you do not respond to the attached Complaint within the applicable time limitation stated above a Judgment will be entered against you, by default for the relief demanded in the Complaint, without further notice to you. This action is brought in the County of Erie because it is the Plaintiff's county of residence. DATED: June 13, 2023 Kristen Elmore- Esq. arcia, Attorney for Plaintiff JOHN V. ELMORE, P.C. 2969 Main Street, Suite 200 Buffalo, New York 14214 Phone: (716) 300-0000 1 1 of 4 FILED: ERIE COUNTY CLERK 06/13/2023 11:04 AM INDEX NO. 807227/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2023 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE Murray Holman COMPLAINT Plaintiff, Index No.: vs. Eugene Bell Defendant. Plaintiff, by and through his attorneys, John V. Elmore, P.C., as and for his Complaint against the Defendant, hereby states and alleges: 1. At all times hereinafter referenced, Plaintiff was and is an individual residing in the County of Erie and State of New York. 2. Upon information and belief and at all times hereinafter referenced, Defendant was and is a resident of the County of Erie and State of New York. 3. At all times hereinafter referenced, Defendant Eugene Bell was the operator of a 2006 Suzuki motorcycle with New York State Registration 41TL92. 4. The Plaintiff was at- all times hereinafter referenced using due care. 5. On or about October 11, 2021 at approximately 6:46 p.m., Plaintiff was operating a 2003 Yamaha motorcycle with New York State Registration 46TL77, which was traveling northbound on Bailey Avenue near its intersection with East Ferry in the City of Buffalo, County of Erie, State of New York. 6. At that same time and date, Defendant Eugene Bell was the operator of a motorcycle which was also traveling Northbound on Bailey Avenue near its intersection with East Ferry in the City of Buffalo, County of Erie, State of New York. 2 2 of 4 FILED: ERIE COUNTY CLERK 06/13/2023 11:04 AM INDEX NO. 807227/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2023 7. Upon information and belief, both the Plaintiff and the Defendant were operating their motorcycles as part of a memorial motorcycle ride, comprised of approximately 30 motorcyclists all traveling northbound on Bailey Avenue in the City of Buffalo. 8. Due to the negligence of the Defendant, the motorcycle Defendant was operating collided with the motorcycle that Plaintiff's motorcycle. 9. As a result of the negligence of the Defendant, Plaintiff was ejected from his motorcycle. 10. As a result of the negligence of the Defendant, Plaintiff sustained multiple serious injuries. 11. As a result of the negligence of the Defendant, Plaintiff was caused to incur certain medical expenses and, upon information and belief, will continue to incur medical expenses in the future. 12. As a result of the negligence of the Defendant, Plaintiff has been caused to sustain pain and suffering and, upon information and belief, will continue to sustain pain and suffering from her injuries in the future. 13. As a result of the negligence of the Defendant, Plaintiff has been caused to sustain a loss of wages and upon information and belief will sustain future loss of wages. 14. As a result of the foregoing, Plaintiff has sustained damages in an amount which exceeds the jurisdictional limits of all Courts of lower jurisdiction. 3 3 of 4 FILED: ERIE COUNTY CLERK 06/13/2023 11:04 AM INDEX NO. 807227/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2023 WHEREFORE, Plaintiff seeks judgment against the Defendant in an amount which exceeds the jurisdictional limits of all Courts of lower jurisdiction. DATED: June 13, 2023 Kristen Elmore-Garica, Esq. Attorney for Plaintiff JOHN V. ELMORE, P.C. 2969 Main Street, Suite 200 Buffalo, NY 14214 Phone: (716) 300-0000 4 4 of 4