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FILED: BRONX COUNTY CLERK 07/20/2023 04:58 PM INDEX NO. 811079/2023E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2023
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF BRONX Date Purchased:
----------------------------------------X SUMMONS
ERICK F. ELIAS,
Plaintiff designates Bronx
Plaintiff(s), County as the place of trial.
-against-
The basis of venue is:
Plaintiff's Residence
UBER TECHNOLOGIES INC, UBER U.S.A., LLC, L. D.
PAULINO MENDEZ AND JOHN DOE, a fictitious name as Plaintiff resides at:
true name is unknown to the plaintiff at this time, 11 Metropolitan Oval
Bronx, NY 10462
Defendant(s).
------------------------------------------------------X of Bronx.
County
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 attomeys 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. 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: Brooklyn, New York
July 20, 2023
Yours, etc.,
OFSHTEIN LAW FIRM, P.C.
Attorney for Plaintiff(s)
ERICK F. ELIAS
398 Kings Highway
Brooklyn, NY 11223
(718) 455-5252
File # 23MV 2161
BY:
AKIVA OFSHTEIN, ESQ.
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TO:
UBER TECHNOLOGIES INC
8"
111 AVENUE
NEW YORK, NY 10011
UBER U.S.A., LLC
8"
111 AVENUE
NEW YORK, NY 10011
L. D. PAULINO MENDEZ
269 EAST BURNSIDE AVENUE
BRONX, NY 10457
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
------------------------------------------------------------------------X Index No.:
ERICK F. ELIAS, Date Purchased:
Plaintiff(s), VERIFIED
COMPLAINT
-against-
UBER TECHNOLOGIES INC, UBER U.S.A., LLC, L. D.
PAULINO MENDEZ AND JOHN DOE, a fictitious name as
true name is unknown to the plaintiff at this time,
Defendant(s).
___________ ___ _ _______ _ ____ _____ _ __ _____________Ç
Plaintiff(s), ERICK F. ELIAS, by her attorneys, OFSHTEIN LAW FIRM, P.C.,
complaining of the Defendant(s), UBER TECHNOLOGIES INC, UBER U.S.A., LLC, L. D.
PAULINO MENDEZ AND JOHN DOE, herein, respectfully allege upon information and
belief as follows:
1. At all times herein mentioned, Plaintiff, ERICK F. ELIAS was and still is
a resident of the County of Bronx, City and State of New York.
2. At all times herein mentioned, Defendant, UBER U.S.A., LLC was and
still is a corporation duly organized and existing under and by virtue of the laws of the State of
New York, with a principal office in New York County.
3. At all times herein mentioned, Defendant, UBER TECHNOLOGIES INC
was and still is a corporation duly organized and existing under and by virtue of the laws of the
State of New York, with a principal office in New York County.
4. At all times herein mentioned, Defendant, L. D. PAULINO MENDEZ, was
and still is a resident of the County of Bronx, City and State of New York.
5. At all times herein mentioned, Defendant, JOHN DOE, was and still is a
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resident of the County of Unknown, State of Unknown.
DEFENDANTS'
AS AND FOR A FIRST CAUSE OF ACTION AGAINST UBER U.S.A.,
LLC, UBER TECHNOLOGIES, INC. AND JOHN DOE
6. At all times herein mentioned, Defendant, UBER TECHNOLOGIES
INC was and still is an agency of defendant, UBER U.S.A., LLC.
7. At all times hereinafter mentioned, Defendant, UBER TECHNOLOGIES
INC was and still is a foreign corporation duly authorized to conduct business in the State of New
York.
8. At all times hereinafter mentioned, Defendant, UBER TECHNOLOGIES
INC was and still is authorized to conduct and is doing business in the State of New York
9. At all times hereinafter mentioned, Defendant, UBER TECHNOLOGIES
INC regularly conducts business in the State of New York and derives substantial revenue from
services rendered in the State of New York.
10. At all times hereinafter mentioned, Defendant UBER U.S.A., LLC was
and still is a foreign limited liability company duly authorized to conduct business in the State of
New York.
11. At all times hereinafter mentioned, Defendant UBER U.S.A., LLC was
and still is authorized to conduct and is doing business in the State of New York.
12. At all times hereinafter mentioned, Defendant, UBER U.S.A., LLC
regularly conducts business in the State of New York and derives substantial revenue from
services rendered in the State of New York.
13. At all times hereinafter mentioned, Defendant UBER TECHNOLOGIES,
"UBER"
INC, managed a Transportation Network Company known as which employed, hired
and retained drivers to provide a number of transportation options and vehicles for users of their
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service, including an option called Uber X, through an online-enabled application known as the
Uber App.
14. At all times hereinafter mentioned, Defendant UBER TECHNOLOGIES,
"UBER"
INC, managed a Transportation Network Company known as which employed, hired
and retained drivers to provide a number of transportation options and vehicles for users of their
service, including an option called Uber Pool, through an online-enabled application known as the
Uber App.
15. At all times hereinafter mentioned, Defendant UBER U.S.A., LLC,
"UBER"
managed a Transportation Network Company known as which employed, hired and
retained drivers to provide a number of transportation options and vehicles for users of their
service, including an option called Uber X, through an online-enabled application known as the
Uber App.
16. At all times hereinafter mentioned, Defendant UBER U.S.A., LLC,
"UBER"
managed a Transportation Network Company known as which employed, hired and
retained drivers to provide a number of transportation options and vehicles for users of their
service, including an option called Uber Pool, through an online-enabled application known as the
Uber App.
17. At all times hereinafter mentioned, UBER TECHNOLOGIES, INC., and
UBER U.S.A., LLC, will be referred to collectively as "UBER".
18. At all times hereinafter mentioned, UBER provided prearranged
transportation services for compensation through the use of the Uber App and other means to
persons wanting to procure transportation with UBER drivers who, utilizing their own personal
vehicles, and want to provide transportation in exchange for compensation.
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19. At all times hereinafter mentioned, UBER fostered a culture of reckless and
unsafe transportation services in the New York Metropolitan area by promises to its solicited
drivers of earning easy and fast compensation.
20. At all times hereinafter mentioned, and on and before March 402, 2023,
Defendant, UBER, was the registered owner of a 2017 Toyota, motor vehicle bearing State of
New York license plate number T795479C.
21. At all times hereinafter mentioned, and on and before March 40¹, 2023,
Defendant, UBER, was the lessor of the 2017 Toyota, motor vehicle bearing State of New York
license plate number T795479C.
22. At all times hereinafter mentioned, and on and before March 4*, 2023,
Defendant, UBER, was the lessee of the 2017 Toyota, motor vehicle bearing State of New York
license plate number T795479C.
23. At all times herein mentioned, Defendant, JOHN DOE, was the operator
of a 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C.
24. At all times herein mentioned, Defendant, JOHN DOE, was controlling
the 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C.
25. At all times herein mentioned, Defendant, JOHN DOE, managed the 2017
Toyota, motor vehicle bearing State of New York license plate number T795479C.
26. At all times herein mentioned, Defendant, JOHN DOE, maintained the
2017 Toyota, motor vehicle bearing State of New York license plate number T795479C.
27. At all times herein mentioned, Defendant, JOHN DOE, repaired the 2017
Toyota, motor vehicle bearing State of New York license plate number T795479C.
28. At all times herein mentioned, Defendant, JOHN DOE, inspected the 2017
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Toyota, motor vehicle bearing State of New York license plate number T795479C.
29. At all times hereinafter mentioned, Defendant, JOHN DOE, supervised the
2017 Toyota, motor vehicle bearing State of New York license plate number T795479C.
30. At all times hereinafter mentioned, Defendant, JOHN DOE, was an UBER
driver.
31. At all times hereinafter mentioned, in order to become an UBER driver,
Defendant, JOHN DOE, was required by UBER to log onto UBER's web-based portal and
provide information including, but not limited to, their name, phone number, address, email,
banking information, vehicle registration, insurance, vehicle description and have their vehicle
inspected.
32. At all times hereinafter mentioned, UBER was a distributor of an on-line
enabled application known as Uber App.
33. At all times hereinafter mentioned, UBER trained its drivers, including
Defendant, JOHN DOE, with online instructional videos and maintained minimum standards for
its drivers, in order for them to further UBER's business.
34. At all times hereinafter mentioned, UBER set the rates that customers pay
for their trips and collects the fares from the customers.
35. At all times hereinafter mentioned, UBER maintained control over the
entire transaction between UBER customers and/or its UBER drivers, including Defendant,
JOHN DOE.
36. At all times hereinafter mentioned, UBER paid and continues to pay UBER
drivers on a weekly basis, including Defendant, JOHN DOE.
37. At all times hereinafter mentioned, UBER issued into the stream of
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commerce the Uber App, which application was installed on Defendant's, JOHN DOE's
electronic device and used by Defendant, JOHN DOE, in his motor vehicle bearing State of New
York registration number T795479C.
38. At all times hereinafter mentioned, UBER completely controlled the use of
the UBER App by its drivers and customers, including Defendant, JOHN DOE.
39. At all times hereinafter mentioned, UBER's brand and value to customers
is increased by having a significant number of its drivers, including Defendant, JOHN DOE,
registered and visible to customers on the Uber App and through the Uber window sticker,
thereby increasing the demand for UBER drivers.
40. At all times hereinafter mentioned, UBER permitted and authorized its
drivers, including Defendant, JOHN DOE, to communicate with customers by text and phone
through use of its Uber App.
41. At all times hereinafter mentioned, the transportation services provided to
the public by UBER drivers, including Defendant JOHN DOE, were an integral and essential
part of UBER's regular business operations.
42. At all times hereinafter mentioned, UBER's business would not exist
without the furnishing of the transportation services by its drivers, including Defendant, JOHN
DOE.
43. At all times hereinafter mentioned, UBER drivers, including Defendant,
JOHN DOE, were economically dependent on UBER.
44. At all times hereinafter mentioned, the Uber App used by UBER drivers,
including Defendant, JOHN DOE, required said drivers to monitor their wireless communication
devices, smart phones/GPS both visually and tactilely, in order to render transportation services
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for UBER.
45. At all times hereinafter mentioned, UBER's required use of its drivers,
including Defendant, JOHN DOE, of the Uber App, caused regular driver inattention and
distraction thereby creating unsafe and hazardous conditions on the public roadways.
46. At all times hereinafter mentioned, UBER's aggressive policy of promising
its drivers, including Defendant, JOHN DOE, of fast and generous compensation, caused regular
driver inattention, distraction and other unsafe vehicular operation by its drivers, including
Defendant, JOHN DOE, thereby causing unsafe and hazardous conditions on the public
roadways of New York State.
47. At all times hereinafter mentioned, Defendant, JOHN DOE, was an
employee of UBER, duly authorized by UBER to operate his motor vehicle bearing State of New
York registration number T795479C.
48. At all times hereinafter mentioned, Defendant, JOHN DOE, operated her
motor vehicle bearing State of New York registration number T795479C in the course of
authority and scope of his employment with UBER.
49. At all times hereinafter mentioned, and on and before, Defendant, JOHN
DOE, operated her motor vehicle bearing State of New York registration number T795479C as an
agent, contractor, subcontractor, representative and/or licensee of UBER.
50. At all times hereinafter mentioned, Defendant, JOHN DOE, operated her
motor vehicle bearing State of New York registration number T795479C while using technology,
software, applications, messages, data and/or communications that he was required to use
pursuant to her agreement and/or contract with UBER.
51. That on March 401, 2023, JOHN DOE, was operating and controlling the
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2017 Toyota, motor vehicle bearing State of New York license plate number T795479C, on
Unionport Road and White Plains Road in the County of Bronx, City and State New York.
52. At all times herein mentioned, Defendant, JOHN DOE, was operating and
controlling the 2017 Toyota, motor vehicle bearing State of New York license plate number
T795479C, within the scope of his employment
53. At the aforesaid date and place, Plaintiff, ERICK F. ELIAS, was the
lawful passenger of said 2017 Toyota, motor vehicle bearing State of New York license plate
number T795479C, when defendant's motor vehicle struck another motor vehicle, causing a
collision.
54. That as a result of the aforesaid contact, Plaintiff, ERICK F. ELIAS, was
injured.
55. That the aforesaid occurrence was caused wholly and solely by reason of
the negligence of the Defendants without any fault or negligence on the parl of the Plaintiff
contributing thereto.
56. That Defendants were negligent, careless and reckless in the ownership,
operation, management, maintenance, supervision, use and control of the aforesaid vehicle and
the Defendants was otherwise negligent, careless and reckless under the circumstances then and
there prevailing.
57. That by reason of the foregoing, Plaintiff, ERICK F. ELIAS, sustained
severe and permanent personal injuries; and Plaintiff, ERICK F. ELIAS, was otherwise
damaged.
58. That Plaintiff, ERICK F. ELIAS, sustained serious injuries as defined by
§5102(d) of the Insurance Law of the State of New York.
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59. That Plaintiff, ERICK F. ELIAS, 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.
60. That Plaintiff, ERICK F. ELIAS, 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 to recover only those damages not
recoverable through no-fault insurance under the facts and circumstances in this action.
61. That this action falls within one or more of the exceptions set forth in
CPLR §1602.
62. That by reason of the foregoing, Plaintiff, ERICK F. ELIAS, has been
damaged in a sum which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT L D. PAULINO
MENDEZ AND JOHN DOE
63. Plaintiff, ERICK F. ELIAS, repeats, reiterates and re-alleges each
62"
and every allegation contained in paragraphs "1 through with the same force and effect as though
each were more fully set forth at length herein.
64. At all times herein mentioned, Defendant, L. D. PAULINO MENDEZ,
was the registered owner of a 2017 Toyota, motor vehicle bearing State of New York license plate
number T795479C.
65. At all times herein mentioned, Defendant, L. D. PAULINO MENDEZ,
was the lessor of a 2017 Toyota, motor vehicle bearing State of New York license plate number
T795479C.
66. At all times herein mentioned, Defendant, L. D. PAULINO MENDEZ,
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was the lessee of a 2017 Toyota, motor vehicle bearing State of New York license plate number
T795479C.
67. At all times herein mentioned, Defendant, JOHN DOE, was the operator
of a 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C.
68. At all times herein mentioned, Defendant, JOHN DOE, was controlling
the 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C.
69. At all times herein mentioned, Defendant, JOHN DOE, was controlling
the 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C, with
the knowledge of defendant owner.
70. At all times herein mentioned, Defendant, JOHN DOE, was controlling
the 2017 Toyota, motor vehicle bearing
Preview
FILED: BRONX COUNTY CLERK 07/20/2023 04:58 PM INDEX NO. 811079/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF BRONX Date Purchased: ----------------------------------------X SUMMONS ERICK F. ELIAS, Plaintiff designates Bronx Plaintiff(s), County as the place of trial. -against- The basis of venue is: Plaintiff's Residence UBER TECHNOLOGIES INC, UBER U.S.A., LLC, L. D. PAULINO MENDEZ AND JOHN DOE, a fictitious name as Plaintiff resides at: true name is unknown to the plaintiff at this time, 11 Metropolitan Oval Bronx, NY 10462 Defendant(s). ------------------------------------------------------X of Bronx. County 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 attomeys 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. 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: Brooklyn, New York July 20, 2023 Yours, etc., OFSHTEIN LAW FIRM, P.C. Attorney for Plaintiff(s) ERICK F. ELIAS 398 Kings Highway Brooklyn, NY 11223 (718) 455-5252 File # 23MV 2161 BY: AKIVA OFSHTEIN, ESQ. 1 of 16 FILED: BRONX COUNTY CLERK 07/20/2023 04:58 PM INDEX NO. 811079/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2023 TO: UBER TECHNOLOGIES INC 8" 111 AVENUE NEW YORK, NY 10011 UBER U.S.A., LLC 8" 111 AVENUE NEW YORK, NY 10011 L. D. PAULINO MENDEZ 269 EAST BURNSIDE AVENUE BRONX, NY 10457 2 of 16 FILED: BRONX COUNTY CLERK 07/20/2023 04:58 PM INDEX NO. 811079/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ------------------------------------------------------------------------X Index No.: ERICK F. ELIAS, Date Purchased: Plaintiff(s), VERIFIED COMPLAINT -against- UBER TECHNOLOGIES INC, UBER U.S.A., LLC, L. D. PAULINO MENDEZ AND JOHN DOE, a fictitious name as true name is unknown to the plaintiff at this time, Defendant(s). ___________ ___ _ _______ _ ____ _____ _ __ _____________Ç Plaintiff(s), ERICK F. ELIAS, by her attorneys, OFSHTEIN LAW FIRM, P.C., complaining of the Defendant(s), UBER TECHNOLOGIES INC, UBER U.S.A., LLC, L. D. PAULINO MENDEZ AND JOHN DOE, herein, respectfully allege upon information and belief as follows: 1. At all times herein mentioned, Plaintiff, ERICK F. ELIAS was and still is a resident of the County of Bronx, City and State of New York. 2. At all times herein mentioned, Defendant, UBER U.S.A., LLC was and still is a corporation duly organized and existing under and by virtue of the laws of the State of New York, with a principal office in New York County. 3. At all times herein mentioned, Defendant, UBER TECHNOLOGIES INC was and still is a corporation duly organized and existing under and by virtue of the laws of the State of New York, with a principal office in New York County. 4. At all times herein mentioned, Defendant, L. D. PAULINO MENDEZ, was and still is a resident of the County of Bronx, City and State of New York. 5. At all times herein mentioned, Defendant, JOHN DOE, was and still is a 3 of 16 FILED: BRONX COUNTY CLERK 07/20/2023 04:58 PM INDEX NO. 811079/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2023 resident of the County of Unknown, State of Unknown. DEFENDANTS' AS AND FOR A FIRST CAUSE OF ACTION AGAINST UBER U.S.A., LLC, UBER TECHNOLOGIES, INC. AND JOHN DOE 6. At all times herein mentioned, Defendant, UBER TECHNOLOGIES INC was and still is an agency of defendant, UBER U.S.A., LLC. 7. At all times hereinafter mentioned, Defendant, UBER TECHNOLOGIES INC was and still is a foreign corporation duly authorized to conduct business in the State of New York. 8. At all times hereinafter mentioned, Defendant, UBER TECHNOLOGIES INC was and still is authorized to conduct and is doing business in the State of New York 9. At all times hereinafter mentioned, Defendant, UBER TECHNOLOGIES INC regularly conducts business in the State of New York and derives substantial revenue from services rendered in the State of New York. 10. At all times hereinafter mentioned, Defendant UBER U.S.A., LLC was and still is a foreign limited liability company duly authorized to conduct business in the State of New York. 11. At all times hereinafter mentioned, Defendant UBER U.S.A., LLC was and still is authorized to conduct and is doing business in the State of New York. 12. At all times hereinafter mentioned, Defendant, UBER U.S.A., LLC regularly conducts business in the State of New York and derives substantial revenue from services rendered in the State of New York. 13. At all times hereinafter mentioned, Defendant UBER TECHNOLOGIES, "UBER" INC, managed a Transportation Network Company known as which employed, hired and retained drivers to provide a number of transportation options and vehicles for users of their 4 of 16 FILED: BRONX COUNTY CLERK 07/20/2023 04:58 PM INDEX NO. 811079/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2023 service, including an option called Uber X, through an online-enabled application known as the Uber App. 14. At all times hereinafter mentioned, Defendant UBER TECHNOLOGIES, "UBER" INC, managed a Transportation Network Company known as which employed, hired and retained drivers to provide a number of transportation options and vehicles for users of their service, including an option called Uber Pool, through an online-enabled application known as the Uber App. 15. At all times hereinafter mentioned, Defendant UBER U.S.A., LLC, "UBER" managed a Transportation Network Company known as which employed, hired and retained drivers to provide a number of transportation options and vehicles for users of their service, including an option called Uber X, through an online-enabled application known as the Uber App. 16. At all times hereinafter mentioned, Defendant UBER U.S.A., LLC, "UBER" managed a Transportation Network Company known as which employed, hired and retained drivers to provide a number of transportation options and vehicles for users of their service, including an option called Uber Pool, through an online-enabled application known as the Uber App. 17. At all times hereinafter mentioned, UBER TECHNOLOGIES, INC., and UBER U.S.A., LLC, will be referred to collectively as "UBER". 18. At all times hereinafter mentioned, UBER provided prearranged transportation services for compensation through the use of the Uber App and other means to persons wanting to procure transportation with UBER drivers who, utilizing their own personal vehicles, and want to provide transportation in exchange for compensation. 5 of 16 FILED: BRONX COUNTY CLERK 07/20/2023 04:58 PM INDEX NO. 811079/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2023 19. At all times hereinafter mentioned, UBER fostered a culture of reckless and unsafe transportation services in the New York Metropolitan area by promises to its solicited drivers of earning easy and fast compensation. 20. At all times hereinafter mentioned, and on and before March 402, 2023, Defendant, UBER, was the registered owner of a 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C. 21. At all times hereinafter mentioned, and on and before March 40¹, 2023, Defendant, UBER, was the lessor of the 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C. 22. At all times hereinafter mentioned, and on and before March 4*, 2023, Defendant, UBER, was the lessee of the 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C. 23. At all times herein mentioned, Defendant, JOHN DOE, was the operator of a 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C. 24. At all times herein mentioned, Defendant, JOHN DOE, was controlling the 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C. 25. At all times herein mentioned, Defendant, JOHN DOE, managed the 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C. 26. At all times herein mentioned, Defendant, JOHN DOE, maintained the 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C. 27. At all times herein mentioned, Defendant, JOHN DOE, repaired the 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C. 28. At all times herein mentioned, Defendant, JOHN DOE, inspected the 2017 6 of 16 FILED: BRONX COUNTY CLERK 07/20/2023 04:58 PM INDEX NO. 811079/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2023 Toyota, motor vehicle bearing State of New York license plate number T795479C. 29. At all times hereinafter mentioned, Defendant, JOHN DOE, supervised the 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C. 30. At all times hereinafter mentioned, Defendant, JOHN DOE, was an UBER driver. 31. At all times hereinafter mentioned, in order to become an UBER driver, Defendant, JOHN DOE, was required by UBER to log onto UBER's web-based portal and provide information including, but not limited to, their name, phone number, address, email, banking information, vehicle registration, insurance, vehicle description and have their vehicle inspected. 32. At all times hereinafter mentioned, UBER was a distributor of an on-line enabled application known as Uber App. 33. At all times hereinafter mentioned, UBER trained its drivers, including Defendant, JOHN DOE, with online instructional videos and maintained minimum standards for its drivers, in order for them to further UBER's business. 34. At all times hereinafter mentioned, UBER set the rates that customers pay for their trips and collects the fares from the customers. 35. At all times hereinafter mentioned, UBER maintained control over the entire transaction between UBER customers and/or its UBER drivers, including Defendant, JOHN DOE. 36. At all times hereinafter mentioned, UBER paid and continues to pay UBER drivers on a weekly basis, including Defendant, JOHN DOE. 37. At all times hereinafter mentioned, UBER issued into the stream of 7 of 16 FILED: BRONX COUNTY CLERK 07/20/2023 04:58 PM INDEX NO. 811079/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2023 commerce the Uber App, which application was installed on Defendant's, JOHN DOE's electronic device and used by Defendant, JOHN DOE, in his motor vehicle bearing State of New York registration number T795479C. 38. At all times hereinafter mentioned, UBER completely controlled the use of the UBER App by its drivers and customers, including Defendant, JOHN DOE. 39. At all times hereinafter mentioned, UBER's brand and value to customers is increased by having a significant number of its drivers, including Defendant, JOHN DOE, registered and visible to customers on the Uber App and through the Uber window sticker, thereby increasing the demand for UBER drivers. 40. At all times hereinafter mentioned, UBER permitted and authorized its drivers, including Defendant, JOHN DOE, to communicate with customers by text and phone through use of its Uber App. 41. At all times hereinafter mentioned, the transportation services provided to the public by UBER drivers, including Defendant JOHN DOE, were an integral and essential part of UBER's regular business operations. 42. At all times hereinafter mentioned, UBER's business would not exist without the furnishing of the transportation services by its drivers, including Defendant, JOHN DOE. 43. At all times hereinafter mentioned, UBER drivers, including Defendant, JOHN DOE, were economically dependent on UBER. 44. At all times hereinafter mentioned, the Uber App used by UBER drivers, including Defendant, JOHN DOE, required said drivers to monitor their wireless communication devices, smart phones/GPS both visually and tactilely, in order to render transportation services 8 of 16 FILED: BRONX COUNTY CLERK 07/20/2023 04:58 PM INDEX NO. 811079/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2023 for UBER. 45. At all times hereinafter mentioned, UBER's required use of its drivers, including Defendant, JOHN DOE, of the Uber App, caused regular driver inattention and distraction thereby creating unsafe and hazardous conditions on the public roadways. 46. At all times hereinafter mentioned, UBER's aggressive policy of promising its drivers, including Defendant, JOHN DOE, of fast and generous compensation, caused regular driver inattention, distraction and other unsafe vehicular operation by its drivers, including Defendant, JOHN DOE, thereby causing unsafe and hazardous conditions on the public roadways of New York State. 47. At all times hereinafter mentioned, Defendant, JOHN DOE, was an employee of UBER, duly authorized by UBER to operate his motor vehicle bearing State of New York registration number T795479C. 48. At all times hereinafter mentioned, Defendant, JOHN DOE, operated her motor vehicle bearing State of New York registration number T795479C in the course of authority and scope of his employment with UBER. 49. At all times hereinafter mentioned, and on and before, Defendant, JOHN DOE, operated her motor vehicle bearing State of New York registration number T795479C as an agent, contractor, subcontractor, representative and/or licensee of UBER. 50. At all times hereinafter mentioned, Defendant, JOHN DOE, operated her motor vehicle bearing State of New York registration number T795479C while using technology, software, applications, messages, data and/or communications that he was required to use pursuant to her agreement and/or contract with UBER. 51. That on March 401, 2023, JOHN DOE, was operating and controlling the 9 of 16 FILED: BRONX COUNTY CLERK 07/20/2023 04:58 PM INDEX NO. 811079/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2023 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C, on Unionport Road and White Plains Road in the County of Bronx, City and State New York. 52. At all times herein mentioned, Defendant, JOHN DOE, was operating and controlling the 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C, within the scope of his employment 53. At the aforesaid date and place, Plaintiff, ERICK F. ELIAS, was the lawful passenger of said 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C, when defendant's motor vehicle struck another motor vehicle, causing a collision. 54. That as a result of the aforesaid contact, Plaintiff, ERICK F. ELIAS, was injured. 55. That the aforesaid occurrence was caused wholly and solely by reason of the negligence of the Defendants without any fault or negligence on the parl of the Plaintiff contributing thereto. 56. That Defendants were negligent, careless and reckless in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid vehicle and the Defendants was otherwise negligent, careless and reckless under the circumstances then and there prevailing. 57. That by reason of the foregoing, Plaintiff, ERICK F. ELIAS, sustained severe and permanent personal injuries; and Plaintiff, ERICK F. ELIAS, was otherwise damaged. 58. That Plaintiff, ERICK F. ELIAS, sustained serious injuries as defined by §5102(d) of the Insurance Law of the State of New York. 10 of 16 FILED: BRONX COUNTY CLERK 07/20/2023 04:58 PM INDEX NO. 811079/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2023 59. That Plaintiff, ERICK F. ELIAS, 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. 60. That Plaintiff, ERICK F. ELIAS, 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 to recover only those damages not recoverable through no-fault insurance under the facts and circumstances in this action. 61. That this action falls within one or more of the exceptions set forth in CPLR §1602. 62. That by reason of the foregoing, Plaintiff, ERICK F. ELIAS, has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT L D. PAULINO MENDEZ AND JOHN DOE 63. Plaintiff, ERICK F. ELIAS, repeats, reiterates and re-alleges each 62" and every allegation contained in paragraphs "1 through with the same force and effect as though each were more fully set forth at length herein. 64. At all times herein mentioned, Defendant, L. D. PAULINO MENDEZ, was the registered owner of a 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C. 65. At all times herein mentioned, Defendant, L. D. PAULINO MENDEZ, was the lessor of a 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C. 66. At all times herein mentioned, Defendant, L. D. PAULINO MENDEZ, 11 of 16 FILED: BRONX COUNTY CLERK 07/20/2023 04:58 PM INDEX NO. 811079/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2023 was the lessee of a 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C. 67. At all times herein mentioned, Defendant, JOHN DOE, was the operator of a 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C. 68. At all times herein mentioned, Defendant, JOHN DOE, was controlling the 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C. 69. At all times herein mentioned, Defendant, JOHN DOE, was controlling the 2017 Toyota, motor vehicle bearing State of New York license plate number T795479C, with the knowledge of defendant owner. 70. At all times herein mentioned, Defendant, JOHN DOE, was controlling the 2017 Toyota, motor vehicle bearing