Preview
FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
========================================X
Index No:
JASON LOPEZ, Date of Purchase:
Plaintiff designates NASSAU
Plaintiff, County as the place of trial.
-against The basis of venue is
PLAINTIFF’S RESIDENCE.
AMALIA LEGASPI VALERO, ANAIAH VALERO,
MIKEY L. FELDMAN and JAMES MITCHELL, SUMMONS
Defendants
Plaintiff resides at
1112 Pacific Street
Baldwin, New York
========================================X County of NASSAU
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 attorneys within twenty (20) days after service of this summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of New York); and 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: September 13, 2023
New York, New York
Yours, etc.,
Defendants’ addresses: GERMAN RUBENSTEIN LLP
By: ______________________________
PATRICIA RODRIGUEZ, ESQ.
See attached Rider. Attorneys for Plaintiff
19 West 44th Street – Suite 1500
New York, New York 10036
Tel. No.: (212) 704-2020
THIS ACTION IS NOT BASED UPON A CONSUMER CREDIT TRANSACTION
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THIS ACTION SEEKS RECOVERY FOR PERSONAL INJURY
RIDER:
AMALIA LEGASPI VALERO
29 Fordham Street
Valley Stream, NY 11581
ANAIAH VALERO
29 Fordham Street
Valley Stream, New York 11581
MIKEY L. FELDMAN
159 Hungry Harbor Road
Valley Stream, NY 11581
JAMES MITCHELL
40 Highfields Road
Glen Cove, NY 11542
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
========================================X
JASON LOPEZ,
VERIFIED
Plaintiff, COMPLAINT
-against Index No.:
AMALIA LEGASPI VALERO, ANAIAH VALERO,
MIKEY L. FELDMAN and JAMES MITCHELL,
Defendants.
========================================X
Plaintiff, by his attorneys GERMAN RUBENSTEIN LLP, complaining of the defendants,
respectfully sets forth and alleges upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. At all times hereinafter mentioned, and on September 18, 2020, the plaintiff JASON
LOPEZ (hereinafter “Plaintiff”) was, and still is, a resident of the State of New York, County of
Nassau.
2. At all times hereinafter mentioned, and on September 18, 2020, the defendant
AMALIA LEGASPI VALERO (hereinafter “AMALIA”) was, and still is, a resident of the State
of New York, County of Nassau.
3. At all times hereinafter mentioned, and on September 18, 2020, the defendant
ANAIAH VALERO (hereinafter “ANAIAH”) was, and still is, a resident of the State of New
York, County of Nassau.
4. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MIKEY L. FELDMAN (hereinafter “MIKEY”) was, and still is, a resident of the State of New
York, County of Nassau.
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5. At all times hereinafter mentioned, and on September 18, 2020, the defendant
JAMES MITCHELL (hereinafter “MITCHELL”) was, and still is, a resident of the State of New
York, County of Nassau.
6. At all times hereinafter mentioned, and on September 18, 2020, the defendant
AMALIA owned a 2019 Toyota motor vehicle bearing the New York State license plate number
DSF2320 (hereinafter, the “Toyota Vehicle”).
7. At all times hereinafter mentioned, and on September 18, 2020, the defendant
AMALIA operated the Toyota Vehicle.
8. At all times hereinafter mentioned, and on September 18, 2020, the defendant
AMALIA was the driver of the Toyota Vehicle.
9. At all times hereinafter mentioned, and on September 18, 2020, the defendant
AMALIA controlled the Toyota Vehicle.
10. At all times hereinafter mentioned, and on September 18, 2020, the defendant
AMALIA maintained the Toyota Vehicle.
11. At all times hereinafter mentioned, and on September 18, 2020, the defendant
AMALIA managed the Toyota Vehicle.
12. At all times hereinafter mentioned, and on September 18, 2020, the defendant
AMALIA utilized the Toyota Vehicle.
13. At all times hereinafter mentioned, and on September 18, 2020, the defendant
AMALIA was the lessor of the Toyota Vehicle.
14. At all times hereinafter mentioned and on September 18, 2020, the defendant
AMALIA was the lessee of the Toyota Vehicle.
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15. At all times hereinafter mentioned, and on September 18, 2020, the defendant
AMALIA operated the Toyota Vehicle with the permission and consent, both express and implied,
of defendant ANAIAH.
16. At all times hereinafter mentioned, and on September 18, 2020, the defendant
AMALIA operated the Toyota Vehicle within the scope of her employment.
17. At all times hereinafter mentioned, and on September 18, 2020, the defendant
AMALIA operated the Toyota Vehicle within the scope of her employment with ANAIAH.
18. At all times hereinafter mentioned, and on September 18, 2020, the defendant
ANAIAH owned the Toyota Vehicle.
19. At all times hereinafter mentioned, and on September 18, 2020, the defendant
ANAIAH operated the Toyota Vehicle.
20. At all times hereinafter mentioned, and on September 18, 2020, the defendant
ANAIAH was the driver of the Toyota Vehicle.
21. At all times hereinafter mentioned, and on September 18, 2020, the defendant
ANAIAH controlled the Toyota Vehicle.
22. At all times hereinafter mentioned, and on September 18, 2020, the defendant
ANAIAH maintained the Toyota Vehicle.
23. At all times hereinafter mentioned, and on September 18, 2020, the defendant
ANAIAH managed the Toyota Vehicle.
24. At all times hereinafter mentioned, and on September 18, 2020, the defendant
ANAIAH utilized the Toyota Vehicle.
25. At all times hereinafter mentioned, and on September 18, 2020, the defendant
ANAIAH was the lessor of the Toyota Vehicle.
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26. At all times hereinafter mentioned, and on September 18, 2020, the defendant
ANAIAH was the lessee of the Toyota Vehicle.
27. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MIKEY owned a 2016 Volkswagen motor vehicle bearing the New Jersey State license plate
number 684825R (hereinafter, the “Volkswagen Vehicle”).
28. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MIKEY operated the Volkswagen Vehicle.
29. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MIKEY was the driver of the Volkswagen Vehicle.
30. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MIKEY controlled the Volkswagen Vehicle.
31. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MIKEY maintained the Volkswagen Vehicle.
32. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MIKEY managed the Volkswagen Vehicle.
33. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MIKEY utilized the Volkswagen Vehicle.
34. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MIKEY was the lessor of the Volkswagen Vehicle.
35. At all times hereinafter mentioned and on September 18, 2020, the defendant
MIKEY was the lessee of the Volkswagen Vehicle.
36. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MITCHELL owned a 2019 Land Rover motor vehicle bearing the New York State license plate
number MITCH4 (hereinafter, the “Land Rover Vehicle”).
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37. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MITCHELL operated the Land Rover Vehicle.
38. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MITCHELL was the driver of the Land Rover Vehicle.
39. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MITCHELL controlled the Land Rover Vehicle.
40. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MITCHELL maintained the Land Rover Vehicle.
41. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MITCHELL managed the Land Rover Vehicle.
42. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MITCHELL utilized the Land Rover Vehicle.
43. At all times hereinafter mentioned, and on September 18, 2020, the defendant
MITCHELL was the lessor of the Land Rover Vehicle.
44. At all times hereinafter mentioned and on September 18, 2020, the defendant
MITCHELL was the lessee of the Land Rover Vehicle.
45. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant AMALIA operated the Toyota Vehicle in the vicinity of S. Central Avenue
and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York.
46. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant ANAIAH operated the Toyota Vehicle in the vicinity of S. Central Avenue
and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York.
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47. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant MIKEY operated the Volkswagen Vehicle in the vicinity of S. Central Avenue
and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York.
48. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant MITCHELL operated the Land Rover Vehicle in the vicinity of S. Central
Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York.
49. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant AMALIA controlled the Toyota Vehicle in the vicinity of S. Central Avenue
and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York.
50. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant ANAIAH controlled the Toyota Vehicle in the vicinity of S. Central Avenue
and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York.
51. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant MIKEY controlled the Volkswagen Vehicle in the vicinity of S. Central
Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York.
52. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant MITCHELL controlled the Land Rover Vehicle in the vicinity of S. Central
Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York.
53. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant AMALIA was operating the Toyota Vehicle in the vicinity of S. Central
Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York
when the Toyota Vehicle came into contact with and was involved in a collision with a vehicle
operated by plaintiff.
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54. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant AMALIA was operating the Toyota Vehicle in the vicinity of S. Central
Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York
when the Toyota Vehicle came into contact with and was involved in a collision with the
Volkswagen Vehicle.
55. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant AMALIA was operating the Toyota Vehicle in the vicinity of S. Central
Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York
when the Toyota Vehicle came into contact with and was involved in a collision with the Land
Rover Vehicle.
56. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant ANAIAH was operating the Toyota Vehicle in the vicinity of S. Central
Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York
when the Toyota Vehicle came into contact with and was involved in a collision with the vehicle
operated by plaintiff.
57. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant ANAIAH was operating the Toyota Vehicle in the vicinity of S. Central
Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York
when the Toyota Vehicle came into contact with and was involved in a collision with the
Volkswagen Vehicle.
58. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant ANAIAH was operating the Toyota Vehicle in the vicinity of S. Central
Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York
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when the Toyota Vehicle came into contact with and was involved in a collision with the Land
Rover Vehicle.
59. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant MIKEY was operating the Volkswagen Vehicle in the vicinity of S. Central
Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York
when the Volkswagen Vehicle came into contact with and was involved in a collision with the
vehicle operated by plaintiff.
60. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant MIKEY was operating the Volkswagen Vehicle in the vicinity of S. Central
Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York
when the Volkswagen Vehicle came into contact with and was involved in a collision with the
Toyota Vehicle.
61. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant MIKEY was operating the Volkswagen Vehicle in the vicinity of S. Central
Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York
when the Volkswagen Vehicle came into contact with and was involved in a collision with the
Land Rover Vehicle.
62. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant MITCHELL was operating the Land Rover Vehicle in the vicinity of S.
Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New
York when the Land Rover Vehicle came into contact with and was involved in a collision with the
vehicle operated by plaintiff.
63. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant MITCHELL was operating the Land Rover Vehicle in the vicinity of S.
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Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New
York when the Land Rover Vehicle came into contact with and was involved in a collision with the
Toyota Vehicle.
64. Upon information and belief, on or about September 18, 2020, at approximately 6:40
P.M., the defendant MITCHELL was operating the Land Rover Vehicle in the vicinity of S.
Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New
York when the Land Rover Vehicle came into contact with and was involved in a collision with the
Volkswagen Vehicle.
65. Upon information and belief, the Aforementioned collision was proximately caused
by the negligence, carelessness and recklessness, gross recklessness and gross negligence of the
defendants, jointly and severally, in the ownership, operation and control of the Toyota Vehicle,
the Volkswagen Vehicle and the Land Rover Vehicle, respectively, without any negligence on the
part of the plaintiff contributing thereto.
66. Upon information and belief, as a proximate result of the negligence, carelessness
and recklessness of the defendants, jointly and severally, the plaintiff has been caused to suffer
severe physical and emotional injuries, all of which are believed to be permanent and continuing in
nature, duration and effect, has incurred medical and other expense, has been unable to pursue his
usual vocations and has suffered and will continue to suffer from severe physical and emotional
pain, all to her great detriment and damage.
67. Upon information and belief, by reason of the foregoing, the plaintiff has sustained a
serious injury as defined by Section 5102 of the Insurance Law of the State of New York, and/or
economic loss greater than basic economic loss as defined by Section 5102 of the Insurance Law of
the State of New York.
68. Upon information and belief, the plaintiff is a “covered person” as defined by
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Section 5102 of the Insurance Law of the State of New York.
69. Upon information and belief, the limitations on liability set forth in Article 16 of
the New York Civil Practice Law and Rules do not apply since the plaintiff’s action falls within
the exemption set forth in subdivision (6).
70. By reason of the foregoing, the plaintiff is entitled to compensatory damages from
the defendants in a sum which exceeds the jurisdictional limits of all lower Courts which might
otherwise have jurisdiction, and is further entitled to punitive and/or exemplary damages 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
THE DEFENDANT ANAIAH
71. Plaintiff repeats and re-alleges each and every allegation contained in the First
Cause of Action of the Complaint as if fully set forth at length herein.
72. Upon information and belief, the defendant ANAIAH either knew or should have
known that the defendant AMALIA intended to operate the Toyota Vehicle on the public streets of
the County of Nassau, Town of Hempstead and State of New York.
73. Upon information and belief, the defendant ANAIAH either knew or should have
known that the defendant AMALIA did not have the requisite skill to operate said vehicle in a safe
manner upon the public streets of the County of Nassau, Town of Hempstead and State of New
York.
74. Upon information and belief, the defendant ANAIAH failed to inquire as to whether
the defendant AMALIA had the requisite skill to operate said vehicle on the public streets of the
County of Nassau, Town of Hempstead and State of New York.
75. At all times herein, the defendant ANAIAH did negligently entrust the Toyota
Vehicle to the defendant AMALIA.
76. But for the defendant ANAIAH’s negligence and negligent entrustment of the
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Toyota Vehicle to the defendant AMALIA, the defendant AMALIA would not have become
involved in a collision with the vehicle plaintiff was operating.
77. Upon information and belief, as a proximate result of the negligence and negligent
entrustment by the defendant ANAIAH, the plaintiff has been caused to suffer severe physical and
emotional injuries, all of which are believed to be permanent and continuing in nature, duration and
effect, has incurred medical and other expense, has been unable to pursue her usual vocations and
has suffered and will continue to suffer from severe physical and emotional pain, all to her great
detriment and damage.
78. Upon information and belief, the aforesaid occurrence was caused by the negligence
and negligent entrustment of the defendant ANAIAH without any culpable conduct on the part of
the plaintiff.
79. Upon information and belief, by reason of the foregoing, the plaintiff has sustained a
serious injury as defined by Section 5102 of the Insurance Law of the State of New York, and/or
economic loss greater than basic economic loss as defined by Section 5102 of the Insurance Law of
the State of New York.
80. Upon information and belief, the plaintiff is a “covered person” as defined by
Section 5102 of the Insurance Law of the State of New York.
81. Upon information and belief, the limitations on liability set forth in Article 16 of
the New York Civil Practice Law and Rules do not apply since the plaintiff’s action falls within
the exemption set forth in subdivision (6).
82. By reason of the foregoing, the plaintiff is entitled to compensatory damages from
the defendants in a sum which exceeds the jurisdictional limits of all lower Courts which might
otherwise have jurisdiction, and is further entitled to punitive and/or exemplary damages in a sum
which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
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WHEREFORE the plaintiff demands judgment as against the defendants in a sum that
exceeds the jurisdictional limits of all lower Courts that might otherwise have jurisdiction and is
further entitled to punitive and/or exemplary damages in a sum that exceeds the jurisdictional limits
of all lower courts that would otherwise have jurisdiction.
13 2023
Dated: September____,
New York, New York
Yours, etc.
GERMAN RUBENSTEIN LLP
By: ______________________________
PATRICIA RODRIGUEZ
Attorneys for Plaintiff
19 West 44th Street – Suite 1500
New York, New York 10036
Tel. No.: (212) 704-2020
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ATTORNEY VERIFICATION
STATE OF NEW YORK }
{ss.:
COUNTY OF NEW YORK }
Patricia Rodriguez, an attorney duly admitted to practice before the Courts of the State of
New York, hereby affirms the truth of the following under penalty of perjury:
I am a member of the law firm German Rubenstein LLP, the attorneys for the plaintiff, and
as such am familiar with the facts and circumstances herein.
I have read the foregoing COMPLAINT and know the contents thereof to be true to my
knowledge, except as to those matters therein stated upon information and belief, and as to those
matters I believe them to be true.
The grounds of my belief as to those matters stated upon information and belief are as
follows: conversations with plaintiff, medical records and investigation reports on file.
The reason this verification is made by me and not the plaintiff personally is because the
plaintiff resides outside the county where I maintain my office.
Dated: September 13, 2023
New York, New York
_______________________________
Patricia Rodriguez
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Preview
FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ========================================X Index No: JASON LOPEZ, Date of Purchase: Plaintiff designates NASSAU Plaintiff, County as the place of trial. -against The basis of venue is PLAINTIFF’S RESIDENCE. AMALIA LEGASPI VALERO, ANAIAH VALERO, MIKEY L. FELDMAN and JAMES MITCHELL, SUMMONS Defendants Plaintiff resides at 1112 Pacific Street Baldwin, New York ========================================X County of NASSAU 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 attorneys within twenty (20) days after service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and 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: September 13, 2023 New York, New York Yours, etc., Defendants’ addresses: GERMAN RUBENSTEIN LLP By: ______________________________ PATRICIA RODRIGUEZ, ESQ. See attached Rider. Attorneys for Plaintiff 19 West 44th Street – Suite 1500 New York, New York 10036 Tel. No.: (212) 704-2020 THIS ACTION IS NOT BASED UPON A CONSUMER CREDIT TRANSACTION 1 of 15 FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 THIS ACTION SEEKS RECOVERY FOR PERSONAL INJURY RIDER: AMALIA LEGASPI VALERO 29 Fordham Street Valley Stream, NY 11581 ANAIAH VALERO 29 Fordham Street Valley Stream, New York 11581 MIKEY L. FELDMAN 159 Hungry Harbor Road Valley Stream, NY 11581 JAMES MITCHELL 40 Highfields Road Glen Cove, NY 11542 2 of 15 FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ========================================X JASON LOPEZ, VERIFIED Plaintiff, COMPLAINT -against Index No.: AMALIA LEGASPI VALERO, ANAIAH VALERO, MIKEY L. FELDMAN and JAMES MITCHELL, Defendants. ========================================X Plaintiff, by his attorneys GERMAN RUBENSTEIN LLP, complaining of the defendants, respectfully sets forth and alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. At all times hereinafter mentioned, and on September 18, 2020, the plaintiff JASON LOPEZ (hereinafter “Plaintiff”) was, and still is, a resident of the State of New York, County of Nassau. 2. At all times hereinafter mentioned, and on September 18, 2020, the defendant AMALIA LEGASPI VALERO (hereinafter “AMALIA”) was, and still is, a resident of the State of New York, County of Nassau. 3. At all times hereinafter mentioned, and on September 18, 2020, the defendant ANAIAH VALERO (hereinafter “ANAIAH”) was, and still is, a resident of the State of New York, County of Nassau. 4. At all times hereinafter mentioned, and on September 18, 2020, the defendant MIKEY L. FELDMAN (hereinafter “MIKEY”) was, and still is, a resident of the State of New York, County of Nassau. 3 of 15 FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 5. At all times hereinafter mentioned, and on September 18, 2020, the defendant JAMES MITCHELL (hereinafter “MITCHELL”) was, and still is, a resident of the State of New York, County of Nassau. 6. At all times hereinafter mentioned, and on September 18, 2020, the defendant AMALIA owned a 2019 Toyota motor vehicle bearing the New York State license plate number DSF2320 (hereinafter, the “Toyota Vehicle”). 7. At all times hereinafter mentioned, and on September 18, 2020, the defendant AMALIA operated the Toyota Vehicle. 8. At all times hereinafter mentioned, and on September 18, 2020, the defendant AMALIA was the driver of the Toyota Vehicle. 9. At all times hereinafter mentioned, and on September 18, 2020, the defendant AMALIA controlled the Toyota Vehicle. 10. At all times hereinafter mentioned, and on September 18, 2020, the defendant AMALIA maintained the Toyota Vehicle. 11. At all times hereinafter mentioned, and on September 18, 2020, the defendant AMALIA managed the Toyota Vehicle. 12. At all times hereinafter mentioned, and on September 18, 2020, the defendant AMALIA utilized the Toyota Vehicle. 13. At all times hereinafter mentioned, and on September 18, 2020, the defendant AMALIA was the lessor of the Toyota Vehicle. 14. At all times hereinafter mentioned and on September 18, 2020, the defendant AMALIA was the lessee of the Toyota Vehicle. 4 of 15 FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 15. At all times hereinafter mentioned, and on September 18, 2020, the defendant AMALIA operated the Toyota Vehicle with the permission and consent, both express and implied, of defendant ANAIAH. 16. At all times hereinafter mentioned, and on September 18, 2020, the defendant AMALIA operated the Toyota Vehicle within the scope of her employment. 17. At all times hereinafter mentioned, and on September 18, 2020, the defendant AMALIA operated the Toyota Vehicle within the scope of her employment with ANAIAH. 18. At all times hereinafter mentioned, and on September 18, 2020, the defendant ANAIAH owned the Toyota Vehicle. 19. At all times hereinafter mentioned, and on September 18, 2020, the defendant ANAIAH operated the Toyota Vehicle. 20. At all times hereinafter mentioned, and on September 18, 2020, the defendant ANAIAH was the driver of the Toyota Vehicle. 21. At all times hereinafter mentioned, and on September 18, 2020, the defendant ANAIAH controlled the Toyota Vehicle. 22. At all times hereinafter mentioned, and on September 18, 2020, the defendant ANAIAH maintained the Toyota Vehicle. 23. At all times hereinafter mentioned, and on September 18, 2020, the defendant ANAIAH managed the Toyota Vehicle. 24. At all times hereinafter mentioned, and on September 18, 2020, the defendant ANAIAH utilized the Toyota Vehicle. 25. At all times hereinafter mentioned, and on September 18, 2020, the defendant ANAIAH was the lessor of the Toyota Vehicle. 5 of 15 FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 26. At all times hereinafter mentioned, and on September 18, 2020, the defendant ANAIAH was the lessee of the Toyota Vehicle. 27. At all times hereinafter mentioned, and on September 18, 2020, the defendant MIKEY owned a 2016 Volkswagen motor vehicle bearing the New Jersey State license plate number 684825R (hereinafter, the “Volkswagen Vehicle”). 28. At all times hereinafter mentioned, and on September 18, 2020, the defendant MIKEY operated the Volkswagen Vehicle. 29. At all times hereinafter mentioned, and on September 18, 2020, the defendant MIKEY was the driver of the Volkswagen Vehicle. 30. At all times hereinafter mentioned, and on September 18, 2020, the defendant MIKEY controlled the Volkswagen Vehicle. 31. At all times hereinafter mentioned, and on September 18, 2020, the defendant MIKEY maintained the Volkswagen Vehicle. 32. At all times hereinafter mentioned, and on September 18, 2020, the defendant MIKEY managed the Volkswagen Vehicle. 33. At all times hereinafter mentioned, and on September 18, 2020, the defendant MIKEY utilized the Volkswagen Vehicle. 34. At all times hereinafter mentioned, and on September 18, 2020, the defendant MIKEY was the lessor of the Volkswagen Vehicle. 35. At all times hereinafter mentioned and on September 18, 2020, the defendant MIKEY was the lessee of the Volkswagen Vehicle. 36. At all times hereinafter mentioned, and on September 18, 2020, the defendant MITCHELL owned a 2019 Land Rover motor vehicle bearing the New York State license plate number MITCH4 (hereinafter, the “Land Rover Vehicle”). 6 of 15 FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 37. At all times hereinafter mentioned, and on September 18, 2020, the defendant MITCHELL operated the Land Rover Vehicle. 38. At all times hereinafter mentioned, and on September 18, 2020, the defendant MITCHELL was the driver of the Land Rover Vehicle. 39. At all times hereinafter mentioned, and on September 18, 2020, the defendant MITCHELL controlled the Land Rover Vehicle. 40. At all times hereinafter mentioned, and on September 18, 2020, the defendant MITCHELL maintained the Land Rover Vehicle. 41. At all times hereinafter mentioned, and on September 18, 2020, the defendant MITCHELL managed the Land Rover Vehicle. 42. At all times hereinafter mentioned, and on September 18, 2020, the defendant MITCHELL utilized the Land Rover Vehicle. 43. At all times hereinafter mentioned, and on September 18, 2020, the defendant MITCHELL was the lessor of the Land Rover Vehicle. 44. At all times hereinafter mentioned and on September 18, 2020, the defendant MITCHELL was the lessee of the Land Rover Vehicle. 45. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant AMALIA operated the Toyota Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York. 46. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant ANAIAH operated the Toyota Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York. 7 of 15 FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 47. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant MIKEY operated the Volkswagen Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York. 48. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant MITCHELL operated the Land Rover Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York. 49. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant AMALIA controlled the Toyota Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York. 50. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant ANAIAH controlled the Toyota Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York. 51. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant MIKEY controlled the Volkswagen Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York. 52. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant MITCHELL controlled the Land Rover Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York. 53. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant AMALIA was operating the Toyota Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York when the Toyota Vehicle came into contact with and was involved in a collision with a vehicle operated by plaintiff. 8 of 15 FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 54. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant AMALIA was operating the Toyota Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York when the Toyota Vehicle came into contact with and was involved in a collision with the Volkswagen Vehicle. 55. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant AMALIA was operating the Toyota Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York when the Toyota Vehicle came into contact with and was involved in a collision with the Land Rover Vehicle. 56. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant ANAIAH was operating the Toyota Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York when the Toyota Vehicle came into contact with and was involved in a collision with the vehicle operated by plaintiff. 57. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant ANAIAH was operating the Toyota Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York when the Toyota Vehicle came into contact with and was involved in a collision with the Volkswagen Vehicle. 58. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant ANAIAH was operating the Toyota Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York 9 of 15 FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 when the Toyota Vehicle came into contact with and was involved in a collision with the Land Rover Vehicle. 59. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant MIKEY was operating the Volkswagen Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York when the Volkswagen Vehicle came into contact with and was involved in a collision with the vehicle operated by plaintiff. 60. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant MIKEY was operating the Volkswagen Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York when the Volkswagen Vehicle came into contact with and was involved in a collision with the Toyota Vehicle. 61. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant MIKEY was operating the Volkswagen Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York when the Volkswagen Vehicle came into contact with and was involved in a collision with the Land Rover Vehicle. 62. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant MITCHELL was operating the Land Rover Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York when the Land Rover Vehicle came into contact with and was involved in a collision with the vehicle operated by plaintiff. 63. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant MITCHELL was operating the Land Rover Vehicle in the vicinity of S. 10 of 15 FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York when the Land Rover Vehicle came into contact with and was involved in a collision with the Toyota Vehicle. 64. Upon information and belief, on or about September 18, 2020, at approximately 6:40 P.M., the defendant MITCHELL was operating the Land Rover Vehicle in the vicinity of S. Central Avenue and Sunrise Highway, in Nassau County, Town of Hempstead and State of New York when the Land Rover Vehicle came into contact with and was involved in a collision with the Volkswagen Vehicle. 65. Upon information and belief, the Aforementioned collision was proximately caused by the negligence, carelessness and recklessness, gross recklessness and gross negligence of the defendants, jointly and severally, in the ownership, operation and control of the Toyota Vehicle, the Volkswagen Vehicle and the Land Rover Vehicle, respectively, without any negligence on the part of the plaintiff contributing thereto. 66. Upon information and belief, as a proximate result of the negligence, carelessness and recklessness of the defendants, jointly and severally, the plaintiff has been caused to suffer severe physical and emotional injuries, all of which are believed to be permanent and continuing in nature, duration and effect, has incurred medical and other expense, has been unable to pursue his usual vocations and has suffered and will continue to suffer from severe physical and emotional pain, all to her great detriment and damage. 67. Upon information and belief, by reason of the foregoing, the plaintiff has sustained a serious injury as defined by Section 5102 of the Insurance Law of the State of New York, and/or economic loss greater than basic economic loss as defined by Section 5102 of the Insurance Law of the State of New York. 68. Upon information and belief, the plaintiff is a “covered person” as defined by 11 of 15 FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 Section 5102 of the Insurance Law of the State of New York. 69. Upon information and belief, the limitations on liability set forth in Article 16 of the New York Civil Practice Law and Rules do not apply since the plaintiff’s action falls within the exemption set forth in subdivision (6). 70. By reason of the foregoing, the plaintiff is entitled to compensatory damages from the defendants in a sum which exceeds the jurisdictional limits of all lower Courts which might otherwise have jurisdiction, and is further entitled to punitive and/or exemplary damages 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 THE DEFENDANT ANAIAH 71. Plaintiff repeats and re-alleges each and every allegation contained in the First Cause of Action of the Complaint as if fully set forth at length herein. 72. Upon information and belief, the defendant ANAIAH either knew or should have known that the defendant AMALIA intended to operate the Toyota Vehicle on the public streets of the County of Nassau, Town of Hempstead and State of New York. 73. Upon information and belief, the defendant ANAIAH either knew or should have known that the defendant AMALIA did not have the requisite skill to operate said vehicle in a safe manner upon the public streets of the County of Nassau, Town of Hempstead and State of New York. 74. Upon information and belief, the defendant ANAIAH failed to inquire as to whether the defendant AMALIA had the requisite skill to operate said vehicle on the public streets of the County of Nassau, Town of Hempstead and State of New York. 75. At all times herein, the defendant ANAIAH did negligently entrust the Toyota Vehicle to the defendant AMALIA. 76. But for the defendant ANAIAH’s negligence and negligent entrustment of the 12 of 15 FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 Toyota Vehicle to the defendant AMALIA, the defendant AMALIA would not have become involved in a collision with the vehicle plaintiff was operating. 77. Upon information and belief, as a proximate result of the negligence and negligent entrustment by the defendant ANAIAH, the plaintiff has been caused to suffer severe physical and emotional injuries, all of which are believed to be permanent and continuing in nature, duration and effect, has incurred medical and other expense, has been unable to pursue her usual vocations and has suffered and will continue to suffer from severe physical and emotional pain, all to her great detriment and damage. 78. Upon information and belief, the aforesaid occurrence was caused by the negligence and negligent entrustment of the defendant ANAIAH without any culpable conduct on the part of the plaintiff. 79. Upon information and belief, by reason of the foregoing, the plaintiff has sustained a serious injury as defined by Section 5102 of the Insurance Law of the State of New York, and/or economic loss greater than basic economic loss as defined by Section 5102 of the Insurance Law of the State of New York. 80. Upon information and belief, the plaintiff is a “covered person” as defined by Section 5102 of the Insurance Law of the State of New York. 81. Upon information and belief, the limitations on liability set forth in Article 16 of the New York Civil Practice Law and Rules do not apply since the plaintiff’s action falls within the exemption set forth in subdivision (6). 82. By reason of the foregoing, the plaintiff is entitled to compensatory damages from the defendants in a sum which exceeds the jurisdictional limits of all lower Courts which might otherwise have jurisdiction, and is further entitled to punitive and/or exemplary damages in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 13 of 15 FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 WHEREFORE the plaintiff demands judgment as against the defendants in a sum that exceeds the jurisdictional limits of all lower Courts that might otherwise have jurisdiction and is further entitled to punitive and/or exemplary damages in a sum that exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. 13 2023 Dated: September____, New York, New York Yours, etc. GERMAN RUBENSTEIN LLP By: ______________________________ PATRICIA RODRIGUEZ Attorneys for Plaintiff 19 West 44th Street – Suite 1500 New York, New York 10036 Tel. No.: (212) 704-2020 14 of 15 FILED: NASSAU COUNTY CLERK 09/13/2023 02:55 PM INDEX NO. 614824/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/13/2023 ATTORNEY VERIFICATION STATE OF NEW YORK } {ss.: COUNTY OF NEW YORK } Patricia Rodriguez, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the truth of the following under penalty of perjury: I am a member of the law firm German Rubenstein LLP, the attorneys for the plaintiff, and as such am familiar with the facts and circumstances herein. I have read the foregoing COMPLAINT and know the contents thereof to be true to my knowledge, except as to those matters therein stated upon information and belief, and as to those matters I believe them to be true. The grounds of my belief as to those matters stated upon information and belief are as follows: conversations with plaintiff, medical records and investigation reports on file. The reason this verification is made by me and not the plaintiff personally is because the plaintiff resides outside the county where I maintain my office. Dated: September 13, 2023 New York, New York _______________________________ Patricia Rodriguez 15 of 15