Preview
FILED: KINGS COUNTY CLERK 07/26/2023 03:55 PM INDEX NO. 521548/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023
SUPREME COURT OF THE STATE OF NEW YORK Index #
COUNTY OF KINGS Date Filed:
ERICK BOULOUTE and KARL WALTERS SUMMONS
Plaintiff(s), The basis of venue is
Plaintiffs'
-against- Residence.
Plaintiff resides at
UNITED PARCEL SERVICE INC 371 East 35th street,
d/b/a UPS and ANDREW NICOLAS GUTIERREZ Brooklyn, NY 11203,
County of Kings.
Defendant(s),
TO THE ABOVE NAMED DEFENDANT(s):
YOU ARE HEREBY SUMMONED to appear in this action by
serving a notice of appearance on plaintiffs attorneys within 20
days after service of this summons, exclusive of the day of
service, or within 30 days after service is complete if this
summons is not personally delivered to you within the State of
New York. In case of your failure to answer, Judgment will be
taken against you by default for the relief demanded in the
Complaint.
DATED: Brooklyn, New York
July 10, 2023
Yours, etc.,
GEKMAN LAW FIRM, P.C.
Attorney for Plaintiff(s)
1219 Gravesend Neck Road
Brooklyn, NY 11229
(718)934-8777
File # 21MVB0050
Zoya Gekman
DEFENDANT'S ADDRESS(ES):
UNITED PARCEL SERVICE INC.
d/b/a UPS
c/o secretary of state
ANDREW NICOLAS GUTIERREZ
1044 East 32nd Street
Brooklyn, NY 11210
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ERICK BOULOUTE and KARL WALTERS
VERIFIED COMPLAINT
Plaintiff(s), Index No.:
-against-
UNITED PARCEL SERVICE INC
d/b/a UPS and
ANDREW NICOLAS GUTIERREZ
Defendant(s),
Plaintiffs by their attorneys, GEKMAN LAW FIRM, P.C.,
complaining of the defendant herein, respectfully allege upon
information and belief as follows:
OE'
1ST CAUSE ACTION
1. Defendant, ANDREW NICOLAS GUTIERREZ, resided and
still resides at 1044 East 32nd Street, Brooklyn, NY 11210.
2. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS, is
a domestic corporation duly organized and existing under and by
virtue of the laws of the State of New York.
3. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS, is
a professional corporation duly organized and existing under and
by virtue of the laws of the State of New York.
4. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS, is
a duly authorized foreign corporation doing business in the State
of New York.
5. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS, is
a duly authorized foreign corporation transacting business in the
State of New York.
6. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS,
does and/or solicits business within the State of New York.
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7. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS,
derives substantial revenue from goods used or consumed or
services rendered in the State of New York.
8. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS,
expected or reasonably should have expected its acts and business
activities to have consequences within the State of New York.
9. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS,
derives substantial revenues from interstate or international
commerce.
10. On or about March 12, 2021, defendant, UNITED
PARCEL SERVICE INC d/b/a UPS, was the owner of a 2021 Ford motor
vehicle bearing State of NY registration number 30448NA.
11. On or about March 12, 2021, defendant, UNITED
PARCEL SERVICE INC d/b/a UPS, was the lessor of a 2021 Ford motor
vehicle bearing State of NY registration number 30448NA.
12. On or about March 12, 2021, defendant, UNITED
PARCEL SERVICE INC d/b/a UPS, was the lessee of a 2021 Ford motor
vehicle bearing State of NY registration number 30448NA.
13. On or about March 12, 2021, defendant, ANDREW
NICOLAS GUTIERREZ, was the operator of a 2021 Ford motor vehicle
bearing State of NY registration number 30448NA.
14. On or about March 12, 2021, defendant, ANDREW
NICOLAS GUTIERREZ, was controlling a 2021 Ford motor vehicle
bearing State of NY registration number 30448NA.
15. On or about March 12, 2021, defendant, ANDREW
NICOLAS GUTIERREZ, was controlling a 2021 Ford motor vehicle
bearing State of NY registration number 30448NA with the
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knowledge of the defendant owner.
16. On or about March 12, 2021, defendant, ANDREW
NICOLAS GUTIERREZ, was controlling a 2021 Ford motor vehicle
bearing State of NY registration number 30448NA with the
permission of the defendant owner.
17. On or about March 12, 2021, defendant, ANDREW
NICOLAS GUTIERREZ, was controlling a 2021 Ford motor vehicle
bearing State of NY registration number 30448NA with the express
consent of the defendant owner.
18. On or about March 12, 2021, defendant, ANDREW
NICOLAS GUTIERREZ, was controlling a 2021 Ford motor vehicle
bearing State of NY registration number 30448NA with the implied
consent of the defendant owner.
19. On or about March 12, 2021, defendant, ANDREW
NICOLAS GUTIERREZ, was controlling a 2021 Ford motor vehicle
bearing State of NY registration number 30448NA at or near
Bedford Avenue and Albemarle Road, Brooklyn, New Yor.
20. On or about March 12, 2021, defendant, ANDREW
NICOLAS GUTIERREZ, was controlling a 2021 Ford motor vehicle
bearing State of NY registration number 30448NA within the scope
of his or her employment.
21. At the aforesaid time and place, plaintiff, ERICK
BOULOUTE, was operating a motor vehicle.
defendant(s)'
22. At the aforesaid time and place, the
motor vehicle came into contact with the motor vehicle of the
plaintiff.
23. Plaintiff, ERICK BOULOUTE, was injured.
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24. Plaintiff, ERICK BOULOUTE, was seriously injured.
25. Plaintiff, ERICK BOULOUTE, has sustained a serious
injury as defined by Article 51 of the Insurance Law, or economic
loss greater than basic economic loss as defined by Article 51 of
the Insurance Law.
26. This action falls within one or more of the
exceptions set forth in CPLR 1602.
27. The aforesaid occurrence and resulting injuries to
the plaintiff were due solely to the carelessness, recklessness
and negligence of the defendant(s) in the ownership, operation,
management, inspection, maintenance, supervision, repair and
control of the above mentioned motor vehicle.
28. By reason of the foregoing, plaintiff, ERICK
BOULOUTE, has been damaged in the amount which exceeds the
jurisdictional limits of all lower courts.
2ND CAUSE OF ACTION
29. Plaintiffs repeat and reallege each and every
"1" "28"
allegation contained in paragraphs designated through
inclusive with the same force and effect as if hereinafter set
forth at length.
30. At the aforesaid time and place, plaintiff, KARL
WALTERS, was a passenger in the vehicle operated by ERICK
BOULOUTE.
defendant(s)'
31. At the aforesaid time and place, the
motor vehicle came into contact with the motor vehicle of the
plaintiff.
32. Plaintiff, KARL WALTERS, was injured.
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33. Plaintiff, KARL WALTERS, was seriously injured.
34. Plaintiff, KARL WALTERS, has sustained a serious
injury as defined by Article 51 of the Insurance Law, or economic
loss greater than basic economic loss as defined by Article 51 of
the Insurance Law.
35. This action falls within one or more of the
exceptions set forth in CPLR 1602.
36. The aforesaid occurrence and resulting injuries to
the plaintiff were due solely to the carelessness, recklessness
and negligence of the defendant(s) in the ownership, operation,
management, inspection, maintenance, supervision, repair and
control of the above mentioned motor vehicle.
37. By reason of the foregoing, plaintiff, KARL
WALTERS, has been damaged in the amount which exceeds the
jurisdictional limits of all lower courts.
WHEREFORE, plaintiffs demand judgment against the
defendants as follows:
As for the lST CAUSE OF ACTION, Plaintiff, ERICK
BOULOUTE, demands judgment against the defendant in the amount
which exceeds the monetary jurisdictional limits of any and all
lower courts which would otherwise have jurisdiction in an amount
to be determined upon trial of this action.
As for the 2ND CAUSE OF ACTION, Plaintiff, KARL
WALTERS, demands judgment against the defendant in the amount
which exceeds the monetary jurisdictional limits of any and all
lower courts which would otherwise have jurisdiction in an amount
to be determined upon trial of this action.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023
DATED: Brooklyn, New York
July 10, 2023
Yours, etc.,
GEKMAN LAW FIRM, P.C.
Attorney for Plaintiff(s)
1219 Gravesend Neck Road
Brooklyn, NY 11229
(718)934-8777
BY :
Zoya Gekmd
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INDIVIDUAL VERIFICATION
STATE OF NEW YORK )
) SS:
COUNTY OF KINGS
being duly sworn, deposes and says, that deponent
is theplaintiffin the within action; thatdeponenthas read the foregoing VERIFIED COMPLAINT
and knows the contents hereof; that the same is true to deponent's own knowledge, except as to
the matters therein stated to be alleged upon information and belief, and that as to those matters
deponent believes them to be true.
Sworn to before me this
NOTARV PUBLIC
ALEKSANDR USKACH
Notary Public - State of New York
No. 01US6098598
Q ualified in Richmond County
My Commission Expires August 19, 2023
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INDIVIDUAL VERIFICATION
STATE OF NEW YORK )
COUNTY OF KINGS
, being sworn, deposes and says, that deponent
duly
istheplaintiffin thewithin action; that deponenthasread theforegoingVERIFIED COMPLAINT
and knows the contents hereof; that the same is true to deponent's own knowledge, except as to
the matters therein stated to be alleged upon information and belief, and that as to those matters
deponent believes them to be true.
Sworn to before me this
ALEKSANDR USKACH
Notary Public - State of New York
No. 01US6098598
Qualified in Richmond
County
Y PUBLIC My Commission Expires August
19, 2023
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Preview
FILED: KINGS COUNTY CLERK 07/26/2023 03:55 PM INDEX NO. 521548/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK Index # COUNTY OF KINGS Date Filed: ERICK BOULOUTE and KARL WALTERS SUMMONS Plaintiff(s), The basis of venue is Plaintiffs' -against- Residence. Plaintiff resides at UNITED PARCEL SERVICE INC 371 East 35th street, d/b/a UPS and ANDREW NICOLAS GUTIERREZ Brooklyn, NY 11203, County of Kings. Defendant(s), TO THE ABOVE NAMED DEFENDANT(s): YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of appearance on plaintiffs attorneys within 20 days after service of this summons, exclusive of the day of service, or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, Judgment will be taken against you by default for the relief demanded in the Complaint. DATED: Brooklyn, New York July 10, 2023 Yours, etc., GEKMAN LAW FIRM, P.C. Attorney for Plaintiff(s) 1219 Gravesend Neck Road Brooklyn, NY 11229 (718)934-8777 File # 21MVB0050 Zoya Gekman DEFENDANT'S ADDRESS(ES): UNITED PARCEL SERVICE INC. d/b/a UPS c/o secretary of state ANDREW NICOLAS GUTIERREZ 1044 East 32nd Street Brooklyn, NY 11210 1 of 9 FILED: KINGS COUNTY CLERK 07/26/2023 03:55 PM INDEX NO. 521548/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ERICK BOULOUTE and KARL WALTERS VERIFIED COMPLAINT Plaintiff(s), Index No.: -against- UNITED PARCEL SERVICE INC d/b/a UPS and ANDREW NICOLAS GUTIERREZ Defendant(s), Plaintiffs by their attorneys, GEKMAN LAW FIRM, P.C., complaining of the defendant herein, respectfully allege upon information and belief as follows: OE' 1ST CAUSE ACTION 1. Defendant, ANDREW NICOLAS GUTIERREZ, resided and still resides at 1044 East 32nd Street, Brooklyn, NY 11210. 2. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS, is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 3. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS, is a professional corporation duly organized and existing under and by virtue of the laws of the State of New York. 4. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS, is a duly authorized foreign corporation doing business in the State of New York. 5. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS, is a duly authorized foreign corporation transacting business in the State of New York. 6. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS, does and/or solicits business within the State of New York. 2 of 9 FILED: KINGS COUNTY CLERK 07/26/2023 03:55 PM INDEX NO. 521548/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023 7. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS, derives substantial revenue from goods used or consumed or services rendered in the State of New York. 8. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS, expected or reasonably should have expected its acts and business activities to have consequences within the State of New York. 9. Defendant, UNITED PARCEL SERVICE INC d/b/a UPS, derives substantial revenues from interstate or international commerce. 10. On or about March 12, 2021, defendant, UNITED PARCEL SERVICE INC d/b/a UPS, was the owner of a 2021 Ford motor vehicle bearing State of NY registration number 30448NA. 11. On or about March 12, 2021, defendant, UNITED PARCEL SERVICE INC d/b/a UPS, was the lessor of a 2021 Ford motor vehicle bearing State of NY registration number 30448NA. 12. On or about March 12, 2021, defendant, UNITED PARCEL SERVICE INC d/b/a UPS, was the lessee of a 2021 Ford motor vehicle bearing State of NY registration number 30448NA. 13. On or about March 12, 2021, defendant, ANDREW NICOLAS GUTIERREZ, was the operator of a 2021 Ford motor vehicle bearing State of NY registration number 30448NA. 14. On or about March 12, 2021, defendant, ANDREW NICOLAS GUTIERREZ, was controlling a 2021 Ford motor vehicle bearing State of NY registration number 30448NA. 15. On or about March 12, 2021, defendant, ANDREW NICOLAS GUTIERREZ, was controlling a 2021 Ford motor vehicle bearing State of NY registration number 30448NA with the 3 of 9 FILED: KINGS COUNTY CLERK 07/26/2023 03:55 PM INDEX NO. 521548/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023 knowledge of the defendant owner. 16. On or about March 12, 2021, defendant, ANDREW NICOLAS GUTIERREZ, was controlling a 2021 Ford motor vehicle bearing State of NY registration number 30448NA with the permission of the defendant owner. 17. On or about March 12, 2021, defendant, ANDREW NICOLAS GUTIERREZ, was controlling a 2021 Ford motor vehicle bearing State of NY registration number 30448NA with the express consent of the defendant owner. 18. On or about March 12, 2021, defendant, ANDREW NICOLAS GUTIERREZ, was controlling a 2021 Ford motor vehicle bearing State of NY registration number 30448NA with the implied consent of the defendant owner. 19. On or about March 12, 2021, defendant, ANDREW NICOLAS GUTIERREZ, was controlling a 2021 Ford motor vehicle bearing State of NY registration number 30448NA at or near Bedford Avenue and Albemarle Road, Brooklyn, New Yor. 20. On or about March 12, 2021, defendant, ANDREW NICOLAS GUTIERREZ, was controlling a 2021 Ford motor vehicle bearing State of NY registration number 30448NA within the scope of his or her employment. 21. At the aforesaid time and place, plaintiff, ERICK BOULOUTE, was operating a motor vehicle. defendant(s)' 22. At the aforesaid time and place, the motor vehicle came into contact with the motor vehicle of the plaintiff. 23. Plaintiff, ERICK BOULOUTE, was injured. 4 of 9 FILED: KINGS COUNTY CLERK 07/26/2023 03:55 PM INDEX NO. 521548/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023 24. Plaintiff, ERICK BOULOUTE, was seriously injured. 25. Plaintiff, ERICK BOULOUTE, has sustained a serious injury as defined by Article 51 of the Insurance Law, or economic loss greater than basic economic loss as defined by Article 51 of the Insurance Law. 26. This action falls within one or more of the exceptions set forth in CPLR 1602. 27. The aforesaid occurrence and resulting injuries to the plaintiff were due solely to the carelessness, recklessness and negligence of the defendant(s) in the ownership, operation, management, inspection, maintenance, supervision, repair and control of the above mentioned motor vehicle. 28. By reason of the foregoing, plaintiff, ERICK BOULOUTE, has been damaged in the amount which exceeds the jurisdictional limits of all lower courts. 2ND CAUSE OF ACTION 29. Plaintiffs repeat and reallege each and every "1" "28" allegation contained in paragraphs designated through inclusive with the same force and effect as if hereinafter set forth at length. 30. At the aforesaid time and place, plaintiff, KARL WALTERS, was a passenger in the vehicle operated by ERICK BOULOUTE. defendant(s)' 31. At the aforesaid time and place, the motor vehicle came into contact with the motor vehicle of the plaintiff. 32. Plaintiff, KARL WALTERS, was injured. 5 of 9 FILED: KINGS COUNTY CLERK 07/26/2023 03:55 PM INDEX NO. 521548/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023 33. Plaintiff, KARL WALTERS, was seriously injured. 34. Plaintiff, KARL WALTERS, has sustained a serious injury as defined by Article 51 of the Insurance Law, or economic loss greater than basic economic loss as defined by Article 51 of the Insurance Law. 35. This action falls within one or more of the exceptions set forth in CPLR 1602. 36. The aforesaid occurrence and resulting injuries to the plaintiff were due solely to the carelessness, recklessness and negligence of the defendant(s) in the ownership, operation, management, inspection, maintenance, supervision, repair and control of the above mentioned motor vehicle. 37. By reason of the foregoing, plaintiff, KARL WALTERS, has been damaged in the amount which exceeds the jurisdictional limits of all lower courts. WHEREFORE, plaintiffs demand judgment against the defendants as follows: As for the lST CAUSE OF ACTION, Plaintiff, ERICK BOULOUTE, demands judgment against the defendant in the amount which exceeds the monetary jurisdictional limits of any and all lower courts which would otherwise have jurisdiction in an amount to be determined upon trial of this action. As for the 2ND CAUSE OF ACTION, Plaintiff, KARL WALTERS, demands judgment against the defendant in the amount which exceeds the monetary jurisdictional limits of any and all lower courts which would otherwise have jurisdiction in an amount to be determined upon trial of this action. 6 of 9 FILED: KINGS COUNTY CLERK 07/26/2023 03:55 PM INDEX NO. 521548/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023 DATED: Brooklyn, New York July 10, 2023 Yours, etc., GEKMAN LAW FIRM, P.C. Attorney for Plaintiff(s) 1219 Gravesend Neck Road Brooklyn, NY 11229 (718)934-8777 BY : Zoya Gekmd 7 of 9 FILED: KINGS COUNTY CLERK 07/26/2023 03:55 PM INDEX NO. 521548/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023 INDIVIDUAL VERIFICATION STATE OF NEW YORK ) ) SS: COUNTY OF KINGS being duly sworn, deposes and says, that deponent is theplaintiffin the within action; thatdeponenthas read the foregoing VERIFIED COMPLAINT and knows the contents hereof; that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters deponent believes them to be true. Sworn to before me this NOTARV PUBLIC ALEKSANDR USKACH Notary Public - State of New York No. 01US6098598 Q ualified in Richmond County My Commission Expires August 19, 2023 8 of 9 FILED: KINGS COUNTY CLERK 07/26/2023 03:55 PM INDEX NO. 521548/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023 INDIVIDUAL VERIFICATION STATE OF NEW YORK ) COUNTY OF KINGS , being sworn, deposes and says, that deponent duly istheplaintiffin thewithin action; that deponenthasread theforegoingVERIFIED COMPLAINT and knows the contents hereof; that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters deponent believes them to be true. Sworn to before me this ALEKSANDR USKACH Notary Public - State of New York No. 01US6098598 Qualified in Richmond County Y PUBLIC My Commission Expires August 19, 2023 9 of 9