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FILED: NEW YORK COUNTY CLERK 07/22/2016 02:17 PM INDEX NO. 156120/2016
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2016
SUPREME COURT OF THE STATE OF NEW YORK Index No.: /2016
COUNTY OF NEW YORK Date Purchased: July , 2016
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KIMBERLY D. SUAREZ, SUMMONS
Plaintiff, Plaintiff designates
New York County as
-against- the place of trial.
The basis of venue is
JOSE J. LEON, Plaintiff’s Residence:
425 East 110th Street #451
Defendant. New York, NY 10029,
------------------------------------------------------------------------------X County of New York.
To the above named Defendant:
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 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 thirty (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: Arverne, NY
July 22, 2016
Salvatore J. Sciangula, Esq.
By: Salvatore J. Sciangula, Esq.
Attorney for Plaintiff
KIMBERLY D. SUAREZ
138 Compass Place
Arverne, NY 11692
646.256.0099
TO:
JOSE J. LEON
455 East 116th Street #7
New York, NY 10029
All Correspondence Salvatore J. Sciangula, Esq. NYC Office (Appointm ent Only)
138 Compass Place T: 646.256.0099 EMPIRE STATE BUILDING
Arverne, NY 11692 F: 718.921.0030 350 Fifth Avenue - 59th Floor
Salvatore@SciangulaLaw.com New York, NY 10118
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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KIMBERLY D. SUAREZ,
Plaintiff, VERIFIED COMPLAINT
-against- Index No.: /2016
JOSE J. LEON, Date Purchased: July , 2016
Defendant.
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Plaintiff, KIMBERLY D. SUAREZ, by her attorney, SALVATORE J. SCIANGULA,
ESQ., complaining of the Defendant, respectfully alleges, upon information and belief:
1. At all times herein mentioned, Plaintiff, KIMBERLY D. SUAREZ, was, and still
is, a resident of the State of New York.
2. At all times herein mentioned, Defendant, JOSE J. LEON, was, and still is, a
resident of the State of New York.
3. At all times herein mentioned, Defendant, JOSE J. LEON, was the owner of a
2006 Lincoln motor vehicle bearing New York State registration number T522961C.
4. At all times herein mentioned, Defendant, JOSE J. LEON, operated the
aforementioned motor vehicle.
5. At all times herein mentioned, Defendant, JOSE J. LEON, managed the
aforementioned motor vehicle.
6. At all times herein mentioned, Defendant, JOSE J. LEON, maintained the
aforementioned motor vehicle.
All Correspondence Salvatore J. Sciangula, Esq. NYC Office (Appointm ent Only)
138 Compass Place T: 646.256.0099 EMPIRE STATE BUILDING
Arverne, NY 11692 F: 718.921.0030 350 Fifth Avenue - 59th Floor
Salvatore@SciangulaLaw.com New York, NY 10118
2 of 6
7. At all times herein mentioned, Defendant, JOSE J. LEON, controlled the
aforementioned motor vehicle.
8. At all times herein mentioned, Defendant, JOSE J. LEON, repaired the
aforementioned motor vehicle.
9. At all times herein mentioned, the 1st Avenue, at or near its intersection with East
110th Street, in the County, City and State of New York, were public roadways and/or
thoroughfares.
10. That on August 9, 2013, Defendants, JOSE J. LEON, operated his motor vehicle
at the aforementioned location.
11. That on August 9, 2013, Plaintiff, KIMBERLY D. SUAREZ, was a lawful
pedestrian at the aforementioned location.
12. That on August 9, 2013, the motor vehicle owned and operated by Defendant,
JOSE J. LEON, violently, and without warning, violently struck the pedestrian Plaintiff,
KIMBERLY D. SUAREZ, at the aforementioned location.
13. That as a result of the aforesaid contact and collision, Plaintiff, KIMBERLY D.
SUAREZ, was injured.
14. That the aforesaid occurrence was caused wholly and solely by reason of the
negligence of the Defendant, without any fault or negligence on the part of the Plaintiff
contributing thereto.
15. That Defendant was negligent, careless and reckless in the ownership, operation,
management, maintenance, repair, supervision, use and control of his aforesaid vehicle and the
Defendant was otherwise grossly negligent, careless and reckless under the circumstances then
and there prevailing.
16. That by reason of the foregoing, Plaintiff, KIMBERLY D. SUAREZ, sustained
severe and permanent personal injuries and was otherwise damaged
17. That Plaintiff, KIMBERLY D. SUAREZ, sustained serious injuries as defined
2
3 of 6
by N.Y. INS . 5102(d).
18. That Plaintiff, KIMBERLY D. SUAREZ, sustained serious injuries and
economic loss greater than basic economic loss as defined by N.Y. INS . 5104.
19. That Plaintiff, KIMBERLY D. SUAREZ, 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.
20. That by reason of the foregoing, Plaintiff, KIMBERLY D. SUAREZ, sustained
severe and permanent personal injuries and was otherwise caused severe pain and suffering, and
other damages.
21. That by reason of the foregoing, Plaintiff, KIMBERLY D. SUAREZ, has been
damaged in a sum which exceed the jurisdictional limits of all lower courts which would
otherwise have jurisdiction.
WHEREFORE, Plaintiff demands judgment against the Defendant herein, in a
sum exceeding the jurisdictional limits of all lower courts which would otherwise have
jurisdiction, together with the costs and disbursements of this action.
Dated: Arverne, NY
July 22, 2016
Yours, etc.
Salvatore J. Sciangula, Esq.
By: Salvatore J. Sciangula, Esq.
Attorney for Plaintiff
KIMBERLY D. SUAREZ
138 Compass Place
Arverne, NY 11692
646.256.0099
3
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ATTORNEY’S VERIFICATION
Salvatore J. Sciangula, an attorney duly admitted to practice before the Courts of the
State of New York, affirms the following to be true under the penalties of perjury:
I am Plaintiff, KIMBERLY D. SUAREZ’, attorney of record. I have read the annexed
SUMMONS and COMPLAINT
and know the contents thereof, and the same are true to my knowledge, except those matters
therein which are stated to be alleged upon information and belief, and as to those matters I
believe them to be true. My belief, as to those matters therein not stated upon knowledge, is
based upon facts, records, and other pertinent information contained in my files.
This verification is made by me because Plaintiff IS not presently in the county wherein I
maintain my offices.
Dated: Arverne, NY
July 22, 2016
Salvatore J. Sciangula, Esq.
Salvatore J. Sciangula
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Index No. Year 2016 RJI No. Hon.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
KIMBERLY D. SUAREZ,
Plaintiff,
-against-
JOSE J. LEON,
Defendant.
SUMMONS and VERIFIED COMPLAINT
SALVATORE J. SCIANGULA, ESQ.
Attorneys for PLAINTIFF
Office and Post Office Address, Telephone
138 COM PASS PLACE
ARVERNE, NY 11692
TEL: 646.256.0099
FAX: 718.921.0030
EM AIL: SALVATORE@SCIANGULALAW .COM
To Signature (Rule 130-1.1-a)
Attorney(s) for ......................................................................
Print name beneath
Service of a copy of the within Is hereby admitted.
Dated,
......................................................................
Attorney(s) for
Please take notice
NOTICE OF ENTRY
that the within is a (certified) true copy of a
duly entered in the office of the clerk of the within named court on
NOTICE OF SETTLEMENT
that an order of which the within is a true copy will be presented
for settlement to the HON. one of the judges
on at M
Dated,
Yours, etc.
SALVATORE J. SCIANGULA, ESQ.
Attorneys for PLAINTIFF
To Office and Post Office Address
138 COM PASS PLACE
Attorney(s) for ARVERNE, NY 11692
TEL: 646.256.0099
FAX: 718.921.0030
EM AIL: SALVATORE@SCIANGULALAW .COM
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FILED: NEW YORK COUNTY CLERK 07/22/2016 02:17 PM INDEX NO. 156120/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2016 SUPREME COURT OF THE STATE OF NEW YORK Index No.: /2016 COUNTY OF NEW YORK Date Purchased: July , 2016 ------------------------------------------------------------------------------X KIMBERLY D. SUAREZ, SUMMONS Plaintiff, Plaintiff designates New York County as -against- the place of trial. The basis of venue is JOSE J. LEON, Plaintiff’s Residence: 425 East 110th Street #451 Defendant. New York, NY 10029, ------------------------------------------------------------------------------X County of New York. To the above named Defendant: 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 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 thirty (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: Arverne, NY July 22, 2016 Salvatore J. Sciangula, Esq. By: Salvatore J. Sciangula, Esq. Attorney for Plaintiff KIMBERLY D. SUAREZ 138 Compass Place Arverne, NY 11692 646.256.0099 TO: JOSE J. LEON 455 East 116th Street #7 New York, NY 10029 All Correspondence Salvatore J. Sciangula, Esq. NYC Office (Appointm ent Only) 138 Compass Place T: 646.256.0099 EMPIRE STATE BUILDING Arverne, NY 11692 F: 718.921.0030 350 Fifth Avenue - 59th Floor Salvatore@SciangulaLaw.com New York, NY 10118 1 of 6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------------X KIMBERLY D. SUAREZ, Plaintiff, VERIFIED COMPLAINT -against- Index No.: /2016 JOSE J. LEON, Date Purchased: July , 2016 Defendant. ------------------------------------------------------------------------------X Plaintiff, KIMBERLY D. SUAREZ, by her attorney, SALVATORE J. SCIANGULA, ESQ., complaining of the Defendant, respectfully alleges, upon information and belief: 1. At all times herein mentioned, Plaintiff, KIMBERLY D. SUAREZ, was, and still is, a resident of the State of New York. 2. At all times herein mentioned, Defendant, JOSE J. LEON, was, and still is, a resident of the State of New York. 3. At all times herein mentioned, Defendant, JOSE J. LEON, was the owner of a 2006 Lincoln motor vehicle bearing New York State registration number T522961C. 4. At all times herein mentioned, Defendant, JOSE J. LEON, operated the aforementioned motor vehicle. 5. At all times herein mentioned, Defendant, JOSE J. LEON, managed the aforementioned motor vehicle. 6. At all times herein mentioned, Defendant, JOSE J. LEON, maintained the aforementioned motor vehicle. All Correspondence Salvatore J. Sciangula, Esq. NYC Office (Appointm ent Only) 138 Compass Place T: 646.256.0099 EMPIRE STATE BUILDING Arverne, NY 11692 F: 718.921.0030 350 Fifth Avenue - 59th Floor Salvatore@SciangulaLaw.com New York, NY 10118 2 of 6 7. At all times herein mentioned, Defendant, JOSE J. LEON, controlled the aforementioned motor vehicle. 8. At all times herein mentioned, Defendant, JOSE J. LEON, repaired the aforementioned motor vehicle. 9. At all times herein mentioned, the 1st Avenue, at or near its intersection with East 110th Street, in the County, City and State of New York, were public roadways and/or thoroughfares. 10. That on August 9, 2013, Defendants, JOSE J. LEON, operated his motor vehicle at the aforementioned location. 11. That on August 9, 2013, Plaintiff, KIMBERLY D. SUAREZ, was a lawful pedestrian at the aforementioned location. 12. That on August 9, 2013, the motor vehicle owned and operated by Defendant, JOSE J. LEON, violently, and without warning, violently struck the pedestrian Plaintiff, KIMBERLY D. SUAREZ, at the aforementioned location. 13. That as a result of the aforesaid contact and collision, Plaintiff, KIMBERLY D. SUAREZ, was injured. 14. That the aforesaid occurrence was caused wholly and solely by reason of the negligence of the Defendant, without any fault or negligence on the part of the Plaintiff contributing thereto. 15. That Defendant was negligent, careless and reckless in the ownership, operation, management, maintenance, repair, supervision, use and control of his aforesaid vehicle and the Defendant was otherwise grossly negligent, careless and reckless under the circumstances then and there prevailing. 16. That by reason of the foregoing, Plaintiff, KIMBERLY D. SUAREZ, sustained severe and permanent personal injuries and was otherwise damaged 17. That Plaintiff, KIMBERLY D. SUAREZ, sustained serious injuries as defined 2 3 of 6 by N.Y. INS . 5102(d). 18. That Plaintiff, KIMBERLY D. SUAREZ, sustained serious injuries and economic loss greater than basic economic loss as defined by N.Y. INS . 5104. 19. That Plaintiff, KIMBERLY D. SUAREZ, 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. 20. That by reason of the foregoing, Plaintiff, KIMBERLY D. SUAREZ, sustained severe and permanent personal injuries and was otherwise caused severe pain and suffering, and other damages. 21. That by reason of the foregoing, Plaintiff, KIMBERLY D. SUAREZ, has been damaged in a sum which exceed the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff demands judgment against the Defendant herein, in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: Arverne, NY July 22, 2016 Yours, etc. Salvatore J. Sciangula, Esq. By: Salvatore J. Sciangula, Esq. Attorney for Plaintiff KIMBERLY D. SUAREZ 138 Compass Place Arverne, NY 11692 646.256.0099 3 4 of 6 ATTORNEY’S VERIFICATION Salvatore J. Sciangula, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am Plaintiff, KIMBERLY D. SUAREZ’, attorney of record. I have read the annexed SUMMONS and COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. This verification is made by me because Plaintiff IS not presently in the county wherein I maintain my offices. Dated: Arverne, NY July 22, 2016 Salvatore J. Sciangula, Esq. Salvatore J. Sciangula 5 of 6 Index No. Year 2016 RJI No. Hon. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK KIMBERLY D. SUAREZ, Plaintiff, -against- JOSE J. LEON, Defendant. SUMMONS and VERIFIED COMPLAINT SALVATORE J. SCIANGULA, ESQ. Attorneys for PLAINTIFF Office and Post Office Address, Telephone 138 COM PASS PLACE ARVERNE, NY 11692 TEL: 646.256.0099 FAX: 718.921.0030 EM AIL: SALVATORE@SCIANGULALAW .COM To Signature (Rule 130-1.1-a) Attorney(s) for ...................................................................... Print name beneath Service of a copy of the within Is hereby admitted. Dated, ...................................................................... Attorney(s) for Please take notice NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges on at M Dated, Yours, etc. SALVATORE J. SCIANGULA, ESQ. Attorneys for PLAINTIFF To Office and Post Office Address 138 COM PASS PLACE Attorney(s) for ARVERNE, NY 11692 TEL: 646.256.0099 FAX: 718.921.0030 EM AIL: SALVATORE@SCIANGULALAW .COM 6 of 6