Preview
FILED: KINGS COUNTY CLERK 01/25/2021 12:48 PM INDEX NO. 527235/2019
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/25/2021
EXHIBIT
A
FILED:: KINGS
[FILED KINGS Í COUNTY
COUNTY CLERK
CLERK 01/25/2021
12/16/2019 12:48
10:29 PM
AM)
INDEX
INDEX NO. 527235/2019
NO. 527235/2019
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 15
1 RECEIVED
RECEIVED NYSCEF: 01/25/2021
NYSCEF: 12/16/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
MONEGRO T. HERNANDEZ, Index No.:
Plaintiff, SUMMONS
Plaintiff designates
- against - KINGS COUNTY
as the Place of trial.
The basis of venue is
BF11AN M. BLACKERMAN, Pursuant to CPLR 503(a)
as Amended, in that Kings
is the County in which a
substantial part of the
Defendant. events or omissions
occurred
To the above named Defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
se ve 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 20 days after the service
of his summons, exclusive of the day of service (or within 30 days after service is
complete if the summons is not personaHy delivered to you within the State of New
York); and in cases of your failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the complaint.
Dated: Brooklyn, New York
December 16, 2019
ANGEL RODRI EZ, JR., PLLC.
By:
Angel Rodriguez, Jr.
Attorney for Plaintiff
MONEGRO T. HERNANDEZ
83d
123-60 Avenue, Suite 1T
Kew Gardens, New York 11205
Tel. (718) 623-1000
DE FENDANT'S ADDRESS:
BRIAN M. BLACKERMAN
69™
190-06C AVENUE, APT 3A
QL EENS, NEW YORK 11375
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RECEIVED NYSCEF: 01/25/2021
S PREME COURT OF THE STATE OF NEW YORK
C UNTY OF KINGS
NEGRO T. HERNANDEZ, Index No.:
Plaintiff,
VERIFIED COMPLAINT
-against-
B IAN M. BLACKERMAN,
Defendant.
Plaintiff, MONEGRO T. HERNANDEZ, by his attorney, ANGEL RODRIGUEZ,
JR., PLLC., complaining of the Defendant, BRIAN M. BLACKERMAN as and for his
Ve ified Complaint alleges the following upon information and belief:
AS AND FOR A FIRST CAUSE OF ACTION, PERSONAL INJURY:
1. That at all times hereinafter mentioned, and on December 17, 2016,
De endant, BRIAN M. BLACKERMAN, (hereinafter referred to as "BLACKERMAN"),
o ned a 2001 Mercedes Benz Sedan bearing New York State license plate number:
H4769 for the year 2016.
2. That at all times hereinafter mentioned, and on December 17, 2016, there
a parking lot a/k/a parking garage aUor near 14 Lombardy Street, County of Kings,
3. That at all times hereinafter mentioned, and on December 17, 2016,
De endant, BLACKERMAN, owned, operated, managed and controlled the above
ref renced motor vehicle.
4. That at all times hereinafter mentioned, and on December 17, 2016,
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Lombardy Street, with the nearest intersection being Morgan Avenue, County of Kings,
St te of New York, was and remains a public roadway and/or thoroughfare.
5. That at all times hereinafter mentioned, and on December 17, 2016,
th re was a Towing facility a/k/a Towing Garage located at 14 Lombardy Street, 300
fe t west of Morgan Avenue, County of Kings, State of New York.
6. That at all times hereinafter mentioned, and on December 17, 2016,
D fendant, BLACKERMAN, was operating his motor vehicle exiting the above
renced Towing Facility a/k/a Towing Garage when his motor vehicle entered into
roadway of Lombardy Street, without warning, resulting in contact between his
tor vehicle and Plaintiff's motor vehicle.
7. That at all times hereinafter mentioned, and on December 17, 2016,
intiff, HERNANDEZ, was operating a 2008 Porsche bearing New York State license
pl te number GXA6915, with permission and consent of its owner Robinson A.
chez.
8. That at all times hereinafter mentioned, and on December 17, 2016,
Pl intiff, HERNANDEZ, was operating his motor vehicle at the aforementioned location.
M re specifically, Plaintiff, HERNANDEZ, was proceeding with the right of way on
Lo bardy Street, when Defendant BLACKERMAN's motor vehicle entered into the
· ro dway without warning, resulting in contact between Defendant and Plaintiff's motor
9. That at all times hereinafter mentioned and on December 17, 2016,
th motor vehicle operated by Defendant, BLACKERMAN, entered onto Lombardy
et from the above referenced Towing facility a/k/a Towing garage.
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10. That at all times hereinafter mentioned and on December 17, 2016,
th motor vehicle operated by Defendant, BLACKERMAN, failed to look, see and/or
ob erve the motor vehicle operated by Defendant, HERNANDEZ, before entering the
ro dway from the above referenced Towing facility a/k/a Towing garage resulting in
11. That at all times hereinafter mentioned and on December 17, 2016,
motor vehicle operated by Defendant, BLACKERMAN, entered Lombardy Street
wit out yielding to the flow of traffic and collided with the vehicle operated by Plaintiff,
H
12. That the aforementioned contact occurred as a result of the negligence of
De endant, BLACKERMAN, in the use, ownership, operation, management,
m intenance and control of his motor vehicle.
13. That as a result of the foregoing Plaintiff, HERNANDEZ, sustained
se ere and permanent personal injuries.
14. That by reason of the foregoing Plaintiff, HERNANDEZ, sustained
se ious injuries as defined in section 5102 (d) of the Insurance Law of the State of New
15. That the limitations on joint and several liability as set forth in
se tion 1601 of the CPLRdo not apply to this action based upon several of the
ex mptions forth in section 1602 of the CPLR which will be more fully set forth
thr ughout the progress of this case.
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16. The amount of damages sought in action excess the jurisdictional
Ii its of all lower Courts which would otherwise have jurisdiction.
WHEREFORE, Plaintiff, HERNANDEZ, demands judgment against the
D fendant, BLACKERMAN, in an amount in excess of the jurisdictional limits of
all lower Courts which would otherwise have jurisdiction.
D ted: Kew Gardens, New York
December 16, 2019
Yours, etc.,
ANGEL * U E Z , JR., ESQ.
Angel Rodriguez, Jr., Esq.
Attorney for Plaintiff
MONEGRO T. HERNANDEZ
123-60 g3rd Avenue, Suite 1T
Kew Gardens, New York 11415
Tel. (718) 623-1000
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VERIFICATION
ANGEL RODRIGUEZ, JR., being duly sworn deposes and says:
I am the attorney for the Plaintiff herein.
I have read the foregoing Summons and Verified Complaint and know the
co tents thereof and upon information and belief, your affirmant believes the matters
th rein alleged to be true.
The source of your affirmant's information and the grounds of his belief
communications, papers, reports, and investigations contained in the file.
The reason this affirmation is being made by your affirmant is that the
Pl intiff resides in a county other than which your affirmant maintains his principal
office.
Da ed: Kew Gardens, New York
December 16, 2019
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Preview
FILED: KINGS COUNTY CLERK 01/25/2021 12:48 PM INDEX NO. 527235/2019 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/25/2021 EXHIBIT A FILED:: KINGS [FILED KINGS Í COUNTY COUNTY CLERK CLERK 01/25/2021 12/16/2019 12:48 10:29 PM AM) INDEX INDEX NO. 527235/2019 NO. 527235/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 15 1 RECEIVED RECEIVED NYSCEF: 01/25/2021 NYSCEF: 12/16/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS MONEGRO T. HERNANDEZ, Index No.: Plaintiff, SUMMONS Plaintiff designates - against - KINGS COUNTY as the Place of trial. The basis of venue is BF11AN M. BLACKERMAN, Pursuant to CPLR 503(a) as Amended, in that Kings is the County in which a substantial part of the Defendant. events or omissions occurred To the above named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to se ve 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 20 days after the service of his summons, exclusive of the day of service (or within 30 days after service is complete if the summons is not personaHy delivered to you within the State of New York); and in cases of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Brooklyn, New York December 16, 2019 ANGEL RODRI EZ, JR., PLLC. By: Angel Rodriguez, Jr. Attorney for Plaintiff MONEGRO T. HERNANDEZ 83d 123-60 Avenue, Suite 1T Kew Gardens, New York 11205 Tel. (718) 623-1000 DE FENDANT'S ADDRESS: BRIAN M. BLACKERMAN 69™ 190-06C AVENUE, APT 3A QL EENS, NEW YORK 11375 1 of 6 12/16/2019 12:48 FILED: KINGS COUNTY CLERK 01/25/2021 10:29 PM AM INDEX NO. 527235/2019 1 NYSCEF DOC. NO. 15 12/16/2019 RECEIVED NYSCEF: 01/25/2021 S PREME COURT OF THE STATE OF NEW YORK C UNTY OF KINGS NEGRO T. HERNANDEZ, Index No.: Plaintiff, VERIFIED COMPLAINT -against- B IAN M. BLACKERMAN, Defendant. Plaintiff, MONEGRO T. HERNANDEZ, by his attorney, ANGEL RODRIGUEZ, JR., PLLC., complaining of the Defendant, BRIAN M. BLACKERMAN as and for his Ve ified Complaint alleges the following upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION, PERSONAL INJURY: 1. That at all times hereinafter mentioned, and on December 17, 2016, De endant, BRIAN M. BLACKERMAN, (hereinafter referred to as "BLACKERMAN"), o ned a 2001 Mercedes Benz Sedan bearing New York State license plate number: H4769 for the year 2016. 2. That at all times hereinafter mentioned, and on December 17, 2016, there a parking lot a/k/a parking garage aUor near 14 Lombardy Street, County of Kings, 3. That at all times hereinafter mentioned, and on December 17, 2016, De endant, BLACKERMAN, owned, operated, managed and controlled the above ref renced motor vehicle. 4. That at all times hereinafter mentioned, and on December 17, 2016, 2 of 6 12/16/2019 12:48 FILED: KINGS COUNTY CLERK 01/25/2021 10:29 PM AM INDEX NO. 527235/2019 1 NYSCEF DOC. NO. 15 12/16/2019 RECEIVED NYSCEF: 01/25/2021 Lombardy Street, with the nearest intersection being Morgan Avenue, County of Kings, St te of New York, was and remains a public roadway and/or thoroughfare. 5. That at all times hereinafter mentioned, and on December 17, 2016, th re was a Towing facility a/k/a Towing Garage located at 14 Lombardy Street, 300 fe t west of Morgan Avenue, County of Kings, State of New York. 6. That at all times hereinafter mentioned, and on December 17, 2016, D fendant, BLACKERMAN, was operating his motor vehicle exiting the above renced Towing Facility a/k/a Towing Garage when his motor vehicle entered into roadway of Lombardy Street, without warning, resulting in contact between his tor vehicle and Plaintiff's motor vehicle. 7. That at all times hereinafter mentioned, and on December 17, 2016, intiff, HERNANDEZ, was operating a 2008 Porsche bearing New York State license pl te number GXA6915, with permission and consent of its owner Robinson A. chez. 8. That at all times hereinafter mentioned, and on December 17, 2016, Pl intiff, HERNANDEZ, was operating his motor vehicle at the aforementioned location. M re specifically, Plaintiff, HERNANDEZ, was proceeding with the right of way on Lo bardy Street, when Defendant BLACKERMAN's motor vehicle entered into the · ro dway without warning, resulting in contact between Defendant and Plaintiff's motor 9. That at all times hereinafter mentioned and on December 17, 2016, th motor vehicle operated by Defendant, BLACKERMAN, entered onto Lombardy et from the above referenced Towing facility a/k/a Towing garage. 3 of 6 12/16/2019 12:48 FILED: KINGS COUNTY CLERK 01/25/2021 10:29 PM AM INDEX NO. 527235/2019 1 NYSCEF DOC. NO. 15 12/16/2019 RECEIVED NYSCEF: 01/25/2021 10. That at all times hereinafter mentioned and on December 17, 2016, th motor vehicle operated by Defendant, BLACKERMAN, failed to look, see and/or ob erve the motor vehicle operated by Defendant, HERNANDEZ, before entering the ro dway from the above referenced Towing facility a/k/a Towing garage resulting in 11. That at all times hereinafter mentioned and on December 17, 2016, motor vehicle operated by Defendant, BLACKERMAN, entered Lombardy Street wit out yielding to the flow of traffic and collided with the vehicle operated by Plaintiff, H 12. That the aforementioned contact occurred as a result of the negligence of De endant, BLACKERMAN, in the use, ownership, operation, management, m intenance and control of his motor vehicle. 13. That as a result of the foregoing Plaintiff, HERNANDEZ, sustained se ere and permanent personal injuries. 14. That by reason of the foregoing Plaintiff, HERNANDEZ, sustained se ious injuries as defined in section 5102 (d) of the Insurance Law of the State of New 15. That the limitations on joint and several liability as set forth in se tion 1601 of the CPLRdo not apply to this action based upon several of the ex mptions forth in section 1602 of the CPLR which will be more fully set forth thr ughout the progress of this case. 4 of 6 12/16/2019 12:48 FILED: KINGS COUNTY CLERK 01/25/2021 10:29 PM AM INDEX NO. 527235/2019 1 NYSCEF DOC. NO. 15 12/16/2019 RECEIVED NYSCEF: 01/25/2021 16. The amount of damages sought in action excess the jurisdictional Ii its of all lower Courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff, HERNANDEZ, demands judgment against the D fendant, BLACKERMAN, in an amount in excess of the jurisdictional limits of all lower Courts which would otherwise have jurisdiction. D ted: Kew Gardens, New York December 16, 2019 Yours, etc., ANGEL * U E Z , JR., ESQ. Angel Rodriguez, Jr., Esq. Attorney for Plaintiff MONEGRO T. HERNANDEZ 123-60 g3rd Avenue, Suite 1T Kew Gardens, New York 11415 Tel. (718) 623-1000 5 of 6 12/16/2019 12:48 FILED: KINGS COUNTY CLERK 01/25/2021 10:29 PM AM INDEX NO. 527235/2019 1 NYSCEF DOC. NO. 15 12/16/2019 RECEIVED NYSCEF: 01/25/2021 VERIFICATION ANGEL RODRIGUEZ, JR., being duly sworn deposes and says: I am the attorney for the Plaintiff herein. I have read the foregoing Summons and Verified Complaint and know the co tents thereof and upon information and belief, your affirmant believes the matters th rein alleged to be true. The source of your affirmant's information and the grounds of his belief communications, papers, reports, and investigations contained in the file. The reason this affirmation is being made by your affirmant is that the Pl intiff resides in a county other than which your affirmant maintains his principal office. Da ed: Kew Gardens, New York December 16, 2019 6 of 6