Preview
INDEX NO. E159604/2016
(FILED: NIAGARA COUNTY CLERK 0972172016 12:17 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/21/2016
DELIVER THESE PAPERS TO YOUR AUTOMOBILE
LIABILITY INSURANCE CARRIER IMMEDIATELY. YOUR
FAILURE TO DO SO MAY RESULT IN THE LOSS OF COVERAGE.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NIAGARA
* * sete
SUMMONS
DELRETA BILLIPS and HOMER BILLIPS
Plaintiffs, Index No.:
v
Date Filed:
PARIS A. VENTRY
Plaintiff(s) designate(s) .
Defendant. NIAGARA COUNTY as
the place of trial.
seewee Aeon
The basis of venue is:
Plaintiff(s) residence
1708 16th Street
Niagara Falls, NY
14305
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiffs’
attorneys an answer to the complaint in this action within twenty (20) days after the
service of this summons, exclusive of the day of service, or within thirty (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.
Filed in Niagara County Clerk's Office 9/21/2016! of 6 Index # E159604/2016
DATED: Buffalo, New York
September 9, 2016
Yours, etc.,
CELLINO & BARNES, P.C.
Ke
By:
Midhael J. Lovecchio, Esq
Attorneys for Plaintiffs
2500 Main Place Tower
350 Main Street
Buffalo, NY 14202-3725
(716) 888-8888
PARIS A. VENTRY
6495 Ward Rd.
Sanborn, NY 14132
2 of 6
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NIAGARA
te
DELRETA BILLIPS and HOMER BILLIPS
Plaintiffs, COMPLAINT
Vv.
Index No.
PARIS A. VENTRY
Defendant.
ek
Plaintiffs DELRETA BILLIPS and HOMER BILLIPS, by their attorneys,
CELLINO & BARNES, P.c., for their complaint against defendant, above-named, allege
upon information and belief:
1 At all times herein relevant plaintiffs DELRETA BILLIPS and
HOMER BILLIPS, have been residents of the County of Niagara and State of New York.
2 At all times herein relevant plaintiffs DELRETA BILLIPS and
HOMER BILLIPS, have been awfully married and living together as husband and wife.
3. At all times herein relevant defendant has been a resident of the
County of Niagara and State of New York.
4 On or about April 2, 2016, plaintiff DELRETA BILLIPS, was the
owner of a certain 2012 Jeep bearing New York State license plate number NNR706.
5. On or about April 2, 2016, defendant was the owner of a certain
2002 Saturn bearing New York State license plate number GUG4000.
3 of 6
6 On or about April 2, 2016, at approximately 6:21 p.m. plaintiff
DELRETA BILLIPS, operated the vehicle described in Paragraph 4 above westbound
on Niagara Falls Boulevard passing through a steady green signal at the intersection of
Porter Road in the Town of Niagara, County of Niagara and State of New York.
7. On or about April 2, 2016, at approximately 6:21 p.m., defendant,
operated the vehicle described in Paragraph 5 above making a left turn from Porter
Road attempting to head east on Niagara Falls Boulevard in the Town of Niagara,
County of Niagara and State of New York.
8 On or about April 2, 2016, at approximately 6:21 p.m., the vehicle
operated by defendant, struck the vehicle being operated by plaintiff DELRETA BILLIPS
at the intersection of Niagara Falls Boulevard and Porter Road in the Town of Niagara,
County of Niagara and State of New York.
9. As a result of the above referenced incident, Plaintiff DELRETA
BILLIPS was injured.
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF DELRETA BILLIPS
10. Plaintiffs repeat and re-allege Paragraphs 1 through 9 above as if
set forth in their entirety herein.
11. The incident described in Paragraph 8 above occurred as a result
of the negligence and/or recklessness of defendant, without any negligence attributable
in any measure to plaintiff DELRETA BILLIPS.
4 of 6
12. Plaintiff DELRETA BILLIPS, has sustained a serious injury, as
defined in subsection (d) of section five thousand one hundred two of the New York
State Insurance Law.
13. Plaintiff DELRETA BILLIPS, has sustained economic loss greater
than basic economic loss, as defined in subsection (a) of section five thousand one
hundred two of the New York State Insurance Law.
14. The limitations on liability set forth in CPLR Article 16 do not apply
herein; one or more of the exemptions set forth in CPLR Section 1602 applies.
15. As a result of the negligence and/or recklessness of defendant, as
alleged above, plaintiff DELRETA BILLIPS was injured and has suffered damages in an
amount which exceeds the monetary jurisdictional limits of all lower New York State
Courts.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF PLAINTIFF HOMER BILLIPS
16. Plaintiffs repeat and re-allege Paragraphs 1 through 15 above as if
set forth in their entirety herein.
17. Plaintiff HOMER BILLIPS, is the lawful husband of the plaintiff
DELRETA BILLIPS, and as such is entitled to her companionship, society and
consortium and as a result of the injuries herein-before alleged of DELRETA BILLIPS,
has been deprived of her society, companionship and consortium and was otherwise
required to render to her services for her care and cure and as such has been damaged
in an amount which exceeds the monetary jurisdictional limits of all lower New York
State Courts.
5 of 6
18. The limitations on liability set forth in CPLR Article 16 do not apply
herein; one or more of the exemptions set forth in CPLR Section 1602 applies.
WHEREFORE, plaintiffs DELRETA BILLIPS and HOMER BILLIPS,
demand judgment against defendant, as follows:
(a) In the First Cause of Action in an amount which exceeds the
monetary jurisdictional limits of all lower New York State Courts;
(b) In the Second Cause of Action in an amount which exceeds the
monetary jurisdictional limits of all lower New York State Courts,
and
Plaintiffs DELRETA BILLIPS and HOMER BILLIPS, demand such other,
further and different relief as the Court may deem just and proper, together with the
costs and disbursements of this action.
DATED: Buffalo, New York
September 9, 2016
Yours, etc.,
CELLINO & BARNES, P.C.
oy. rr Michael J. Lovecchio, Esq
Attorneys for Plaintiffs
2500 Main Place Tower
350 Main Street
Buffalo, NY 14202-3725
(716) 888-8888
6 of 6
Preview
INDEX NO. E159604/2016 (FILED: NIAGARA COUNTY CLERK 0972172016 12:17 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/21/2016 DELIVER THESE PAPERS TO YOUR AUTOMOBILE LIABILITY INSURANCE CARRIER IMMEDIATELY. YOUR FAILURE TO DO SO MAY RESULT IN THE LOSS OF COVERAGE. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA * * sete SUMMONS DELRETA BILLIPS and HOMER BILLIPS Plaintiffs, Index No.: v Date Filed: PARIS A. VENTRY Plaintiff(s) designate(s) . Defendant. NIAGARA COUNTY as the place of trial. seewee Aeon The basis of venue is: Plaintiff(s) residence 1708 16th Street Niagara Falls, NY 14305 TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED and required to serve upon Plaintiffs’ attorneys an answer to the complaint in this action within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (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. Filed in Niagara County Clerk's Office 9/21/2016! of 6 Index # E159604/2016 DATED: Buffalo, New York September 9, 2016 Yours, etc., CELLINO & BARNES, P.C. Ke By: Midhael J. Lovecchio, Esq Attorneys for Plaintiffs 2500 Main Place Tower 350 Main Street Buffalo, NY 14202-3725 (716) 888-8888 PARIS A. VENTRY 6495 Ward Rd. Sanborn, NY 14132 2 of 6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA te DELRETA BILLIPS and HOMER BILLIPS Plaintiffs, COMPLAINT Vv. Index No. PARIS A. VENTRY Defendant. ek Plaintiffs DELRETA BILLIPS and HOMER BILLIPS, by their attorneys, CELLINO & BARNES, P.c., for their complaint against defendant, above-named, allege upon information and belief: 1 At all times herein relevant plaintiffs DELRETA BILLIPS and HOMER BILLIPS, have been residents of the County of Niagara and State of New York. 2 At all times herein relevant plaintiffs DELRETA BILLIPS and HOMER BILLIPS, have been awfully married and living together as husband and wife. 3. At all times herein relevant defendant has been a resident of the County of Niagara and State of New York. 4 On or about April 2, 2016, plaintiff DELRETA BILLIPS, was the owner of a certain 2012 Jeep bearing New York State license plate number NNR706. 5. On or about April 2, 2016, defendant was the owner of a certain 2002 Saturn bearing New York State license plate number GUG4000. 3 of 6 6 On or about April 2, 2016, at approximately 6:21 p.m. plaintiff DELRETA BILLIPS, operated the vehicle described in Paragraph 4 above westbound on Niagara Falls Boulevard passing through a steady green signal at the intersection of Porter Road in the Town of Niagara, County of Niagara and State of New York. 7. On or about April 2, 2016, at approximately 6:21 p.m., defendant, operated the vehicle described in Paragraph 5 above making a left turn from Porter Road attempting to head east on Niagara Falls Boulevard in the Town of Niagara, County of Niagara and State of New York. 8 On or about April 2, 2016, at approximately 6:21 p.m., the vehicle operated by defendant, struck the vehicle being operated by plaintiff DELRETA BILLIPS at the intersection of Niagara Falls Boulevard and Porter Road in the Town of Niagara, County of Niagara and State of New York. 9. As a result of the above referenced incident, Plaintiff DELRETA BILLIPS was injured. AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF DELRETA BILLIPS 10. Plaintiffs repeat and re-allege Paragraphs 1 through 9 above as if set forth in their entirety herein. 11. The incident described in Paragraph 8 above occurred as a result of the negligence and/or recklessness of defendant, without any negligence attributable in any measure to plaintiff DELRETA BILLIPS. 4 of 6 12. Plaintiff DELRETA BILLIPS, has sustained a serious injury, as defined in subsection (d) of section five thousand one hundred two of the New York State Insurance Law. 13. Plaintiff DELRETA BILLIPS, has sustained economic loss greater than basic economic loss, as defined in subsection (a) of section five thousand one hundred two of the New York State Insurance Law. 14. The limitations on liability set forth in CPLR Article 16 do not apply herein; one or more of the exemptions set forth in CPLR Section 1602 applies. 15. As a result of the negligence and/or recklessness of defendant, as alleged above, plaintiff DELRETA BILLIPS was injured and has suffered damages in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF HOMER BILLIPS 16. Plaintiffs repeat and re-allege Paragraphs 1 through 15 above as if set forth in their entirety herein. 17. Plaintiff HOMER BILLIPS, is the lawful husband of the plaintiff DELRETA BILLIPS, and as such is entitled to her companionship, society and consortium and as a result of the injuries herein-before alleged of DELRETA BILLIPS, has been deprived of her society, companionship and consortium and was otherwise required to render to her services for her care and cure and as such has been damaged in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts. 5 of 6 18. The limitations on liability set forth in CPLR Article 16 do not apply herein; one or more of the exemptions set forth in CPLR Section 1602 applies. WHEREFORE, plaintiffs DELRETA BILLIPS and HOMER BILLIPS, demand judgment against defendant, as follows: (a) In the First Cause of Action in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts; (b) In the Second Cause of Action in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts, and Plaintiffs DELRETA BILLIPS and HOMER BILLIPS, demand such other, further and different relief as the Court may deem just and proper, together with the costs and disbursements of this action. DATED: Buffalo, New York September 9, 2016 Yours, etc., CELLINO & BARNES, P.C. oy. rr Michael J. Lovecchio, Esq Attorneys for Plaintiffs 2500 Main Place Tower 350 Main Street Buffalo, NY 14202-3725 (716) 888-8888 6 of 6