Preview
FILED: RICHMOND COUNTY CLERK 06/19/2023 12:28 PM INDEX NO. 151132/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
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KARINA LEON,
Plaintiff, Index No.:
Filed On:
-against- SUMMONS
TIFFANIE M. BONELLO AND SERAFINA BONELLO,
Defendants.
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TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to appear in the Supreme Court of the
State of New York, County of RICHMOND, at the office of said Court at 18
Richmond Terrace, in the County of RICHMOND, City and State of New York,
within the time provided by law as noted below and to file your answer to the
Verified Complaint in this action and to serve a copy of your answer on the
plaintiffs’ counsel within twenty (20) days after the service of this summons if
same is served upon you personally or within thirty (30) days if served other than
personally. In case of failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the complaint.
The basis of venue is the plaintiff’s residence in the County of RICHMOND,
State of New York.
Dated: Brooklyn, New York
June 16, 2023
Yours, etc.
/s/ Kevin D. Gratt
______________________________
Kevin D. Gratt, Esq.
GRATT & ASSOCIATES P.C.
Attorneys for Plaintiff
3011 Farragut Road, Ste. 2
Brooklyn, New York 11210
(718) 963-3339
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DEFENDANTS’ ADDRESSES
TIFFANIE M. BONELLO
37 Dell Ct.
Staten, NY 10307
SERAFINA BONELLO
37 Dell Ct.
Staten, NY 10307
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
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KARINA LEON,
Index No.:
Plaintiff, Filed On:
-against- VERIFIED COMPLAINT
TIFFANIE M. BONELLOAND SERAFINA BONELLO,
Defendants.
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Plaintiff by her attorneys, GRATT & ASSOCIATES P.C., complaining of
the defendants herein, respectfully shows to this Court and alleges as follows:
1. Plaintiff KARINA LEON is a resident of the County of Richmond, State
of New York.
2. Upon information and belief, defendant TIFFANIE M. BONELLO was
and still is a resident of the County of Richmond, State of New York.
3. Upon information and belief, defendant SERAFINA BONELLO was and
still is a resident of the County of Richmond, State of New York.
4. On or about December 5, 2022, defendant TIFFANIE M. BONELLO
operated, maintained, and controlled a certain motor vehicle bearing New York
State license plate number KES6377 with the implied and/or expressed
permission of defendant SERAFINA BONELLO.
5. On or about December 5, 2022, defendant SERAFINA BONELLO
owned, maintained, and controlled a certain motor vehicle bearing NY State
license plate number KES6377.
6. On or about December 5, 2022, plaintiff KARINA LEON operated,
owned, maintained, and controlled a certain motor vehicle bearing New York
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State license plate number KNW7986 with the implied and/or expressed
permission of F. Gomezsamaniego.
7. On December 5, 2022, Lake Avenue at or near its intersection with
Walker Street, County of Richmond, State of New York was and still is a public
thoroughfare.
8. On the date, time and place aforementioned, while plaintiff KARINA
LEON was operating said motor vehicle, when the motor vehicle owned by the
defendant SERAFINA BONELLO and operated, maintained, and controlled by
defendant TIFFANIE M. BONELLO was caused to come into a collision with the
aforementioned motor vehicle causing plaintiff KARINA LEON to sustain severe,
grievous and permanent injuries.
9. The said collision and resulting injuries were caused wholly and
solely by the defendants herein in the ownership, operation, maintenance and
control of their above-mentioned automobile without any negligence on the part
of the plaintiff contributing thereto.
10. Defendants were negligent, careless and reckless in the ownership,
operation, maintenance and control of their above-mentioned automobile on the
date, time and place aforementioned in that they failed to keep a proper lookout
and watch; failed to keep their motor vehicle under proper and safe control;
operated their motor vehicle at dangerous rates of speed; failed to observe proper
laws and traffic signals; failed to be observant of the safety of the plaintiff; and
were further negligent in other respects.
11. As a result of the negligence, carelessness and recklessness of said
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defendants, plaintiff KARINA LEON was caused to sustain serious bodily injuries
as defined in Section 5102 of the New York State Insurance Law.
12. This action is specifically exempted from the provisions of CPLR
1601 pursuant to CPLR 1602 et seq.
13. As a result of the collision above mentioned, plaintiff KARINA LEON
was rendered sick, sore, lame and disabled; was caused to suffer great pain and
mental anguish; sustained serious injuries in and about her head, body, arm and
limbs; was caused to and did expend large sums of money for medical care and
attention; in addition the plaintiff had sustained a severe shock to her nervous
system which has detracted considerably from her general health and has
sustained a resultant loss therefrom.
14. Defendants owed a duty to plaintiff to operate their motor vehicle in
a safe and non-negligent manner. Defendants breached the aforementioned duty.
AS AND FOR A FIRST CAUSE OF ACTION
15. Plaintiff KARINA LEON repeats and realleges each and every
allegation set forth in paragraphs one (1) through fourteen (14) as if fully set forth
herein.
16. Defendant TIFFANIE M. BONELLO owed a duty to plaintiff to
operate, maintain, and control her motor vehicle in a safe and non-negligent
manner.
17. Defendant TIFFANIE M. BONELLO breached the aforesaid duty.
18. That as a result of the foregoing, plaintiff KARINA LEON was
damaged in the sum greater than the jurisdictional limits of all Courts except the
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Supreme Court of the State of New York.
AS AND FOR A SECOND CAUSE OF ACTION
19. Plaintiff KARINA LEON repeats and realleges each and every
allegation set forth in paragraphs one (1) through eighteen (18) as if fully set forth
herein.
20. Defendant SERAFINA BONELLO owed a duty to plaintiff to own,
maintain, and control his motor vehicle in a safe and non-negligent manner.
21. Defendant SERAFINA BONELLO breached the aforesaid duty.
22. That as a result of the foregoing, plaintiff KARINA LEON was
damaged in the sum greater than the jurisdictional limits of all Courts except the
Supreme Court of the State of New York.
AS AND FOR A THIRD CAUSE OF ACTION
23. Plaintiff repeats and realleges each and every allegation set forth in
paragraphs one (1) through twenty two (22) as if fully set forth herein.
24. Defendants TIFFANIE M. BONELLO and SERAFINA BONELLO owed
a duty to plaintiff to operate, own, maintain, and control their motor vehicle in a
safe and non-negligent manner.
25. Defendants TIFFANIE M. BONELLO and SERAFINA BONELLO
breached the aforesaid duty.
26. That as a result of the foregoing, plaintiff’s vehicle sustained
property damage.
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WHEREFORE, Plaintiff KARINA LEON demands judgment against
the defendants TIFFANIE M. BONELLO and SERAFINA BONELLO in the
amount greater than the jurisdictional limits of all Courts except the Supreme
Court of the State of New York, including costs and disbursements.
Dated: Brooklyn, New York
June 16, 2023
Yours, etc.
/s/ Kevin D. Gratt
______________________________
Kevin D. Gratt, Esq.
GRATT & ASSOCIATES P.C.
Attorneys for Plaintiff
3011 Farragut Road, Ste. 2
Brooklyn, New York 11210
(718) 963-3339
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ATTORNEY VERIFICATION
I, Kevin D. Gratt, an attorney duly admitted to practice law before the
Courts of the State of New York make this affirmation pursuant to the provisions
of Rule 2106 of the Civil Practice Law and Rules under the penalties of perjury:
I am the attorney of record for plaintiff KARINA LEON.
I have read the foregoing Complaint and know the contents thereof; the
same is true to my own knowledge, except as to those matters therein stated to
be upon information and belief, and as to those matters I believe them to be
true; that my grounds for belief as to matters not herein stated to be alleged
upon my own knowledge are investigations conducted by myself and
information received by myself in the course of my duties as the attorney for
the plaintiffs.
This affirmation is submitted by the undersigned because the plaintiff does
not reside in the area of the County of Kings wherein I maintain my office.
DATED: Brooklyn, New York
June 16, 2023
/s/ Kevin D. Gratt
________________________
Kevin D. Gratt, Esq.
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Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
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KARINA LEON,
Plaintiff,
-against-
TIFFANIE M. BONELLO AND SERAFINA BONELLO,
Defendant(s).
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SUMMONS AND VERIFIED COMPLAINT
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GRATT & ASSOCIATES P.C.
Attorneys for Plaintiffs
3011 Farragut Road, Ste. 2
Brooklyn, New York 11210
(718) 963-3339
_______________________________________________________________________________
To:
Attorney(s) for
______________________________________________________________________________
Service of a copy of the within is hereby admitted.
Dated:
____________________________________
Attorney(s) for
PLEASE TAKE NOTICE that the within is a (certified) true copy of a
Entered in the office of the clerk of the within named court on
Dated:
GRATT & ASSOCIATES, P.C.
Attorneys for Plaintiffs
3011 Farragut Road, Ste. 2
Brooklyn, New York 11210
To:
Attorney(s) for
______________________________________________________________________________
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Preview
FILED: RICHMOND COUNTY CLERK 06/19/2023 12:28 PM INDEX NO. 151132/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND -----------------------------------------------------------------X KARINA LEON, Plaintiff, Index No.: Filed On: -against- SUMMONS TIFFANIE M. BONELLO AND SERAFINA BONELLO, Defendants. -------------------------------------------------------------------X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to appear in the Supreme Court of the State of New York, County of RICHMOND, at the office of said Court at 18 Richmond Terrace, in the County of RICHMOND, City and State of New York, within the time provided by law as noted below and to file your answer to the Verified Complaint in this action and to serve a copy of your answer on the plaintiffs’ counsel within twenty (20) days after the service of this summons if same is served upon you personally or within thirty (30) days if served other than personally. In case of failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is the plaintiff’s residence in the County of RICHMOND, State of New York. Dated: Brooklyn, New York June 16, 2023 Yours, etc. /s/ Kevin D. Gratt ______________________________ Kevin D. Gratt, Esq. GRATT & ASSOCIATES P.C. Attorneys for Plaintiff 3011 Farragut Road, Ste. 2 Brooklyn, New York 11210 (718) 963-3339 1 of 9 FILED: RICHMOND COUNTY CLERK 06/19/2023 12:28 PM INDEX NO. 151132/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2023 DEFENDANTS’ ADDRESSES TIFFANIE M. BONELLO 37 Dell Ct. Staten, NY 10307 SERAFINA BONELLO 37 Dell Ct. Staten, NY 10307 2 of 9 FILED: RICHMOND COUNTY CLERK 06/19/2023 12:28 PM INDEX NO. 151132/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND --------------------------------------------------------------------X KARINA LEON, Index No.: Plaintiff, Filed On: -against- VERIFIED COMPLAINT TIFFANIE M. BONELLOAND SERAFINA BONELLO, Defendants. -------------------------------------------------------------------X Plaintiff by her attorneys, GRATT & ASSOCIATES P.C., complaining of the defendants herein, respectfully shows to this Court and alleges as follows: 1. Plaintiff KARINA LEON is a resident of the County of Richmond, State of New York. 2. Upon information and belief, defendant TIFFANIE M. BONELLO was and still is a resident of the County of Richmond, State of New York. 3. Upon information and belief, defendant SERAFINA BONELLO was and still is a resident of the County of Richmond, State of New York. 4. On or about December 5, 2022, defendant TIFFANIE M. BONELLO operated, maintained, and controlled a certain motor vehicle bearing New York State license plate number KES6377 with the implied and/or expressed permission of defendant SERAFINA BONELLO. 5. On or about December 5, 2022, defendant SERAFINA BONELLO owned, maintained, and controlled a certain motor vehicle bearing NY State license plate number KES6377. 6. On or about December 5, 2022, plaintiff KARINA LEON operated, owned, maintained, and controlled a certain motor vehicle bearing New York 3 of 9 FILED: RICHMOND COUNTY CLERK 06/19/2023 12:28 PM INDEX NO. 151132/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2023 State license plate number KNW7986 with the implied and/or expressed permission of F. Gomezsamaniego. 7. On December 5, 2022, Lake Avenue at or near its intersection with Walker Street, County of Richmond, State of New York was and still is a public thoroughfare. 8. On the date, time and place aforementioned, while plaintiff KARINA LEON was operating said motor vehicle, when the motor vehicle owned by the defendant SERAFINA BONELLO and operated, maintained, and controlled by defendant TIFFANIE M. BONELLO was caused to come into a collision with the aforementioned motor vehicle causing plaintiff KARINA LEON to sustain severe, grievous and permanent injuries. 9. The said collision and resulting injuries were caused wholly and solely by the defendants herein in the ownership, operation, maintenance and control of their above-mentioned automobile without any negligence on the part of the plaintiff contributing thereto. 10. Defendants were negligent, careless and reckless in the ownership, operation, maintenance and control of their above-mentioned automobile on the date, time and place aforementioned in that they failed to keep a proper lookout and watch; failed to keep their motor vehicle under proper and safe control; operated their motor vehicle at dangerous rates of speed; failed to observe proper laws and traffic signals; failed to be observant of the safety of the plaintiff; and were further negligent in other respects. 11. As a result of the negligence, carelessness and recklessness of said 4 of 9 FILED: RICHMOND COUNTY CLERK 06/19/2023 12:28 PM INDEX NO. 151132/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2023 defendants, plaintiff KARINA LEON was caused to sustain serious bodily injuries as defined in Section 5102 of the New York State Insurance Law. 12. This action is specifically exempted from the provisions of CPLR 1601 pursuant to CPLR 1602 et seq. 13. As a result of the collision above mentioned, plaintiff KARINA LEON was rendered sick, sore, lame and disabled; was caused to suffer great pain and mental anguish; sustained serious injuries in and about her head, body, arm and limbs; was caused to and did expend large sums of money for medical care and attention; in addition the plaintiff had sustained a severe shock to her nervous system which has detracted considerably from her general health and has sustained a resultant loss therefrom. 14. Defendants owed a duty to plaintiff to operate their motor vehicle in a safe and non-negligent manner. Defendants breached the aforementioned duty. AS AND FOR A FIRST CAUSE OF ACTION 15. Plaintiff KARINA LEON repeats and realleges each and every allegation set forth in paragraphs one (1) through fourteen (14) as if fully set forth herein. 16. Defendant TIFFANIE M. BONELLO owed a duty to plaintiff to operate, maintain, and control her motor vehicle in a safe and non-negligent manner. 17. Defendant TIFFANIE M. BONELLO breached the aforesaid duty. 18. That as a result of the foregoing, plaintiff KARINA LEON was damaged in the sum greater than the jurisdictional limits of all Courts except the 5 of 9 FILED: RICHMOND COUNTY CLERK 06/19/2023 12:28 PM INDEX NO. 151132/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2023 Supreme Court of the State of New York. AS AND FOR A SECOND CAUSE OF ACTION 19. Plaintiff KARINA LEON repeats and realleges each and every allegation set forth in paragraphs one (1) through eighteen (18) as if fully set forth herein. 20. Defendant SERAFINA BONELLO owed a duty to plaintiff to own, maintain, and control his motor vehicle in a safe and non-negligent manner. 21. Defendant SERAFINA BONELLO breached the aforesaid duty. 22. That as a result of the foregoing, plaintiff KARINA LEON was damaged in the sum greater than the jurisdictional limits of all Courts except the Supreme Court of the State of New York. AS AND FOR A THIRD CAUSE OF ACTION 23. Plaintiff repeats and realleges each and every allegation set forth in paragraphs one (1) through twenty two (22) as if fully set forth herein. 24. Defendants TIFFANIE M. BONELLO and SERAFINA BONELLO owed a duty to plaintiff to operate, own, maintain, and control their motor vehicle in a safe and non-negligent manner. 25. Defendants TIFFANIE M. BONELLO and SERAFINA BONELLO breached the aforesaid duty. 26. That as a result of the foregoing, plaintiff’s vehicle sustained property damage. 6 of 9 FILED: RICHMOND COUNTY CLERK 06/19/2023 12:28 PM INDEX NO. 151132/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2023 WHEREFORE, Plaintiff KARINA LEON demands judgment against the defendants TIFFANIE M. BONELLO and SERAFINA BONELLO in the amount greater than the jurisdictional limits of all Courts except the Supreme Court of the State of New York, including costs and disbursements. Dated: Brooklyn, New York June 16, 2023 Yours, etc. /s/ Kevin D. Gratt ______________________________ Kevin D. Gratt, Esq. GRATT & ASSOCIATES P.C. Attorneys for Plaintiff 3011 Farragut Road, Ste. 2 Brooklyn, New York 11210 (718) 963-3339 7 of 9 FILED: RICHMOND COUNTY CLERK 06/19/2023 12:28 PM INDEX NO. 151132/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2023 ATTORNEY VERIFICATION I, Kevin D. Gratt, an attorney duly admitted to practice law before the Courts of the State of New York make this affirmation pursuant to the provisions of Rule 2106 of the Civil Practice Law and Rules under the penalties of perjury: I am the attorney of record for plaintiff KARINA LEON. I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge, except as to those matters therein stated to be upon information and belief, and as to those matters I believe them to be true; that my grounds for belief as to matters not herein stated to be alleged upon my own knowledge are investigations conducted by myself and information received by myself in the course of my duties as the attorney for the plaintiffs. This affirmation is submitted by the undersigned because the plaintiff does not reside in the area of the County of Kings wherein I maintain my office. DATED: Brooklyn, New York June 16, 2023 /s/ Kevin D. Gratt ________________________ Kevin D. Gratt, Esq. 8 of 9 FILED: RICHMOND COUNTY CLERK 06/19/2023 12:28 PM INDEX NO. 151132/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2023 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ------------------------------------------------------------------------------------------------------------ KARINA LEON, Plaintiff, -against- TIFFANIE M. BONELLO AND SERAFINA BONELLO, Defendant(s). ------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------ SUMMONS AND VERIFIED COMPLAINT ------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------ GRATT & ASSOCIATES P.C. Attorneys for Plaintiffs 3011 Farragut Road, Ste. 2 Brooklyn, New York 11210 (718) 963-3339 _______________________________________________________________________________ To: Attorney(s) for ______________________________________________________________________________ Service of a copy of the within is hereby admitted. Dated: ____________________________________ Attorney(s) for PLEASE TAKE NOTICE that the within is a (certified) true copy of a Entered in the office of the clerk of the within named court on Dated: GRATT & ASSOCIATES, P.C. Attorneys for Plaintiffs 3011 Farragut Road, Ste. 2 Brooklyn, New York 11210 To: Attorney(s) for ______________________________________________________________________________ 9 of 9