Preview
FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022
"A"
EXHIBIT
FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022
. SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS \
__---------...-------1-------...-------...........................-x
Index No.: 70 Q4 L
c o
DMe?urchase
GEICO INSURANCE COMPANY a/s/o CHRISTINA P.
MCARTHUR,
Plaintiff Designates
Queens County
Plaintiff, as the Place of Trial
-against-
The Basis of Venue is the
Location of the Accident
PAYANO EXPRESS INC. and ANTONIO PEDRO
MARTE. SUMMONS
Defendants. Plaintiff's Business at:
.........Ç Geico Insurance Co.
750 Woodbury Road
Woodbury, New York 1 1797
To the above named Defendant(s):
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 20 days after the service of this Summons,
exclusive of the day of service (or within 20 days after the service is complete if this Summons is
not personally deli'vered to you within the State of New York); and in case of your failure to
appear or answer, udgment will be taken against you by default for the relief demanded in the
Complaint.
Dated: Farmingdale, New York
January 19, 2021
CARMAN, AP & IN AM, LLP
By: __
. JA C. ARASINGHE, ESQ.
Attorn vs r Plaintiff
GEICO SURANCE COMPANY a/s/o
CHRIST1 A P. MCARTHUR
266 Main Street
FarmingdaleJew York 11735
249-3450 - Tel.
(516)
843-6390 - Fax
(516)
File No.: 3053-203
FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022
De fendant(s ) Addiess(es):
PAYANO EXP1 SS INC
376 Duncan Avenue
Jersey City, NJ 0 306
ANTONIO PEDRD MARTE
131-01 135 Ave, 4pt 1
South Ozone Part, NY 11420
FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
....--...______...__...---........................x
GEICO INSURANCE COMPANY a/s/o CHRISTINA P.
MCARTHUR,
Plaintiff, Index No.: 701241/2021
-against-
AMENDED VERIFIED COMPLAINT
PAYANO EXPRESS INC. and ANTONIO PEDRO
MARTE, .
Defendants.
...----Ç
.
Plastiff OEICO INSURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR,
by its attorneys, CARMAN, CALLAHAN & INOHAM, LLP complaining of the above-named
Defendants', alleges upon information and belief:
1. At all times hereinafter mentioned, Plaintiff OEICO INSURANCE
COMPANY, is a corporation authorized to engage in and carry on an insurance business within
the State of New Ýork with a New York business location situated in the County of Nassau,
State of New YorÈ.
2. At all times hereinafter mentioned, Plaintiff's subrogor, CHRISTINA P.
MCARTHUR was and still is a resident of Queens, New York.
3. At all times hereinafter mentioned, Defendant, PAYANO EXPRESS INC.
is a domestic corporation authorized to engage in and carry on business within the State of New
York.
4. At all times hereinafter mentioned, Defendant, ANTONIO PEDRO
MARTE was and still is a resident in South Ozone Park, New York.
5. On April 17, 2018, the Defendant, PAYANO EXPRESS INC. was the
owner of A 2001 U'reightliner bearing New Jersey plate AS365S.
FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022
6. That on April 17, 2018, Defendant, ANTONIO PEDRO MARTE was
operating the 200P Freightliner with permission and consent from Defendant, PAYANO
EXPRESS INC.
7. At all times hereinafter mentioned, Plaintiff's subrogor, CHRISTINA P.
MCARTHUR is lie owner of a 2011 Chevrolet motor vehicle bearing New. York license plate
DUE2886. That vehicle was insured by GEICO INSURANCE COMPANY, with policy number
0320982140101066 in full force and effect on April 17, 2018.
8. . On April 17, 2018, Defendants PAYANO EXPRESS INC. and
ANTONIO PEDRO MARTE's 2001 Freightliner was traveling eastbound in center lane on 495
Long Island Expressway at or near Clearview Expressway, Queens County, New York.
/*
9. On April 17, 2018, Plaintiff was traveling eastbound in center lane on 495
Long Island Expréssway at or near Clearview Expressway, Queens County, New York when
Defendants, PAYANO EXPRESS INC. and ANTONIO PEDRO MARTE's 2001 Freightliner
struck the rear of Plaintiff's subrogor, CHRISTINA P. MCARTHUR'S vehicle.
10.5 That at all times hereinafter 495 Island a
mentioned, Long Expressway
near Clearview Ezpressway, Queens County, New York is a public street.
11 As a result of the accident, Plaintiff's subrogor CHRISTINA P.
MCARTHUR su .ained serious personal injuries as defined by §5102(d) of the insurance laws
for which he receiUed first party no fault benefits from GEICO INSURANCE.COMPANY.
Defendants'
12. That the negligence of the consisted in carelessly and
negligently permitting the aforesaid 2001 Freightliner to be operated in a negligent and careless
manner; in failing and oinitting to have the 2001 Freightliner under reasonable and proper
control; in operating the 2001 Freightliner in violation of the Vehicle and Traffic Laws of the
State of New Yorl ; in failing and omitting to operate the 2001 Freightliner with due care for the
safety of others; ià failing and omitting to provide and make proper and timely use of adequate
brakes; in causing the Freightliner to be operated in such a negligent and reckless manner so as
FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022
to precipitate the ceident above referred to; in failing and omitting to take proper and suitable
precautions to avoid the said accident.
13.. Pursuant to §5104(b) of the New York Insurance Law, "in action
any by
or on behalf of tDcovered person, against a non-covered person, where damages for personal
injuries arise out of the use or operation of a motor vehicle or a motorcycle may be recovered, an
insurer that has pàid first party benefits on account of such injuries has a right to recoup first
party benefits frdin the liable non-covered tortfeasor. Defendants are a non-covered person as
defined by §5104(b) of the New York Insurance Law. Additionally, GEICO INSURANCE
COMPANY mainbtins a statutory lien against any recovery to the extent of first party benefits
paid to CHRISTINA P. MCCARTHUR.
14(.1 To GEICO INSURANCE COMPANY has issued Nine
date, Forty
Thousand Eight HÈmdred ($49,800.00) Dollars in no-fault payments on behalf of CHRISTINA P.
Defendants'
MCARTHUR as esult ofthe negligence.
15. That at all times herein mentioned, Plaintiff did not contribute to the
happening of this noident by any act or omission on his part.
W IEREFORE, Plaintiff, GEICO INSURANCE COMPANY a/s/o
defendants'
CHRISTINA P. l CARTHUR demands judgment against the PAYANO EXPRESS
INC. and ANTON O PEDRO MARTE in the amount of issued Forty Nine Thousand Eight
Hundred ($49,80 .00) Dollars and for any additional no fault payments that are made as result of
this accident.
Dated: Farmingdale, New York
January 14 2021
JAMI . ARASINGHE, ESQ.
FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022
VERIFICATION
STATE OF NEW YORK)
COUNTV OF N SAU )
I, JAMI C. AMARASINGHE, an attomey duly admitted to practice law in the
Courts of the State of New York, affirm that I am a member of the law firm CARMAN,
CALLAHAN & INGHAM, LLP, attorneys of record for the Plaintiff; GEICO INSURANCE
COMPANY a/s/o CHRISTINA P. MCARTHUR in the within action; that 1 have read the
foregoing Summo$s and Cornplaint and know the contents thereof: that the same is true to my
knowledge, except as to the matters therein stated to be alleged on information and belief, and
that as to those midtters I believe thern to be true. I further say that the reason this Verification is
made by me and dot by the Plaintiff is that the Plaintiff does not reside within the County of
Nassau where I m intain my office.
Tlie grounds of my belief as to all matters not stated upon my imowledge are as
follows; the recor is of the plaintiffs made available to me.
I afñrm that the foregoing statements are true, under penalties of perjury.
Dated: Farmingdale, New York
January 19 2021
JAMI . A . RASINGHE, ESQ
FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022
-
NYSCEF Queens County Supreme Court
Paymgnt Receipt
This is an automated response for Supreme Court cases. The NYSCEF site has received your
electronically filed documents for the following case.
Index Number NOT assigned
GEICO INSURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR v. PAYANO EXPRESS INC et al
Docum6nts Received on 01/19/2021 02:10 PM
Doc # j. Document Type Control # Motion # Fee
1 SUMMONS + COMPLAINT $0.00
Does not contain an SSN or CPI as defined in 202.5(e) or 206.5(e)
IndexFee + $210"O0
TotalFee $210.00
Payment Information
Generated Receipt #: 0002043796
Payment Type: AMERICAN EXPRESS
Date Paid: 01/19/2021
Fee Amou I: $210.00
Authorizatidn Code: 238572
Commente
.Filing Òser
Jami C Arparasinghe | jamarasinghe@carmanlawteam.com | 516-370-5539
266 Mairi Street, Farmingdale, NY 11735
Audrey I. Pheffer, Queens Cou ty Clerk and Clerk of the Supreme Court " apheffer@nycourts.gov
Phone: 718-298-017s. 718-298¶801 Website: https://www.nycourts.gov/COURTS/11]d/queenaderk
NYSCEF Resource Cen%r - nyscef@nycourts.gov
Phone: (646) 386-3033 r t Fax: (212) 401-9146 Website: www.nycourts.gov/efile
Page I of 1
.
FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022
NYSCEF #
-
Queens County Supreme Court Î*%
ConfiSmation Notice o, s
The NYSCL2 website has received an electronic filing on 01/19/2021 02:10 PM. Please keep this notice
as a confirm tion of this filing.
Index Number NOT assigned
GEICO I SURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR v. PAYANO EXPRESS
INC et at
Assigned judge: None Recorded
Documents Received on 01/19/202102:10 PM
Doc # Document Type
1 )UMMONS + COMPLAINT
Filing U er
Jami C Amarasinghe | Jamarasinghe@carmanlawteam.com | 516-370-5539
266 Mainlitreet, Farmingdale, NY 11735
E-mail Notifications
An email regarding this filing has been sent to the following on 01/19/2021 02:10 PM:
JAMI C. MARASINGHE - jamarasinghe@carmanlawteam.com
Email Notifications NOT Sent
Role 3 Party Attorney
Respor.dent PAYANO EXPRESS INC No consent on record.
Responcent ANTONIO PEDRO MARTE No consent on record.
* Court rule htquire hard copy service upon non-participating parties and attorneys who have opted-out or declined
consent.
..
I. Pheffer, Queen.r Clerk and Clerk of the supreme Court - aphefferenycourts.gov
Audrey County
Phone: 718-298-0173, 718-298-0601 website: https://www.nycourts.gov/COURTS/11jd/queensclerk
NYSCEF Resource Cohter, nyscef@nycourts.gov
Phone: (646) Fax: (212) 401-9146 | Website: www.nycourts.gov/efile
386-3033.|
Page 1 of 1
FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022
(
' f
-
NYSCEF Queens County Supreme Court
Confifmation Notice
The NYSCEF website has received an electronic filing on 01/20/2021 11:16 AM. Please keep this notice
as a confirmation of this filing.
701241/2021
GEICO I SURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR v. PAYANO EXPRESS
INC et al
Assigned Judge: None Recorded
Documents Received on 01/20/2021 11:15 AM
Doc # . Document Type
2 COMPLAINT (AMENDED)
Flilng User
Jami C Amarasinghe | Jamarasinghe@Carmanlawteam.com | 516-370-5539
266 Main Street, Farmingdale, NY 11735
E-mail Itiotifications
An email regarding this filing has been sent to the following on 01/20/2021 11:15 AM:
JAMI C. ÀMARASINGHE - Jamarasinghe@carmaniawteam.com
Email N. tifications NOT Sent
Role . Party Attorney
Respondent PAYANO EXPRESS INC No consent on record.
Respondent ANTONIO PEDRO MARTE No consent on record.
* Court rules require hard parties and attomeys who have opted-out or declined
copy service upon non-participating
consent -
Audrey f. Pheffer, Queens'.County Clerk and Clerk of the Supreme Court - aphefferenycourts.gov
Phone: 718-298-0173, 718-298-0601 Website: https://www.nycourts.gov/COURTS/11jd/queensclerk
NYSCEF Resource Ce ter, nyscef@nyCourts.gov
Phone: (646) 386-3033 Fax: (212) 401-9146 | Website: www.nyCourts.gov/efile
Page 1 of 1
FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
Attomers: Company: Carman. Callahan & Ingham LLP PH: 516-249-3450
Address: 266 Main street Farmingdale, NY 11735
GEICO INSURANCE COMPANY A/S/O CHRISTINA P MCARTHUR
|NDEX #: 701241/2021
Date Filed: 01/19/2021
Plaintiff
vs Affidavit of Service and Compliance
PAYANO E XPRESS INC AND ANTONIO PEDRO MARTE pursuant of N.Y.S. Vehicle and Traffic
Law Sections 263/264
(X) The index number and the filing date of
Defendant the action were endorsed upon the face of
STATE OF NEW YORK, COUNTY OF NASSAU, SS.: the papers so served herein.
THE UNDERSIGNED DEPONENT BEING DULY SWORN DEPOSES AND SAYS DEPONENT IS IIOT A PARTY TO THIS
ACTION AND IS OVER THE AGE OF EIGHTEEN YEARS AND RESIDES IN THE STATE OF NEW YORK.
Following service on The Secretary of State, deponent forthwith mailed by CERTIFIED MAIL, RETURN RECElPT
REQUESTED, a copy of the SUMMONS AND AMENDED VERIFIED COMPLAINT WITH NOTICE OF ELECTRONIC FILING
to the Defendant, PAYANO EXPRESS INC, at his/her residence outside of the State of New York. That affixed to the
Process sent was a NOTICE TO THE DEFENDANT which stated as follows:
NOTICE NOTICE NOTICE
PLEASE BE ADVISED THAT PURSUANT TO THE VEHICLE AND TRAFFIC LAW OF THE STATE
OFNEW YORK Sections 263/254, a copy of the enclosed summons with notice/summons and
complaint was served on the SECRETARY OF STATE OF THE STATE OF NEW YORR, on Friday,
February 5, 2021. Tendered at that time was the Statutory Fee of Ten ($10.00) dollars.
That on 5-19-2021 , the certified mail was received by the defendant as evidenced by the signed
retumed receipt, which is annexed to this affidavit.
That said CERTIFIED MAIL RETURN RECEIPT REQUESTED, was retumed UNCLAIMED/REFUSED by the
defendant and same was retumed to your deponent with the appropriate notations on the face of the envelope
which is annexed hereto as an exhibit. That pursuant to Sec. 253/254 N. Y. S. VTL, a copy of the process with
the proper Notice was sent by regular mail to the defendant on . That annexed hereto
is a PROOF OF MAILING CERTIFICATE, presented and hand canceled by the United States post office as evidence
of said mailing by regular mail.
¡ That said mailing was retumed by the Post Office as undeliverable and service could not be completed.
Ó m to before 021
NOTARY PUBLIC
Patricia Rothfritz
Notary Public - State of New York Denise Klass
No. 01R06055503; Qualified in Nassau County
My Commission Expires February 26, 2023 Job #: 2101969
INTER COUNTr Juarcia SEartcEs,LLC, 6851 JEarcuo TURNPtKE, SUHE 180, SYOSSET, NY 11791 LICENSE # 137177)
FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022
AFFIDAVir OF SERVICE BY THE SECRETARY OF STATE
Attorney(s) Carmen Callahan & Ingham LLP
Index # 701241/2021
Purchased/Filed: January 19, 2021
STATE OF NEW YORK
Court: Supreme
County: Queens
GEICO INSURANCE COMPANY A/S/O CHRISTINA P MCARTHUR.
PLAINTIFF
AGAINST
PAYANO EXPRESS INC ET AL
DEFENDANT
STATE OF NEW YORK )
COUNTY OF ALBANY ) SS
CITY OF ALBANY )
ROBERT GUYEITE BEING DULY SWORN, DEPOSES AND SAYS:
DEPONENT RESIDES IN THE CITY OF ALBANY, COUNTY OF ALBANY,
STATE OF NEW YORK. THAT ON 2/5/2021 , AT 1:00PM
AT THE OFFICE OF THE NY SECRETARY OF STATE, ONE COMMERCE PLAZA, ALBANY,NY, 12231
DEPONENT SERVED :
SUMMONS AND AMENDED VERIFIED COMPLAINT WITH NOTICE OF ELECTRONIC FILING
( MANDATORY CASE )
UPON PAYANO EXPRESS INC THE DEFENDANT IN THE ABOVE
CAPTIONED ACTION BY DELIVERING TO AND LEAVING WITH AMY LESCH
AGE· 5' 10"
DESCRIFFION OF PERSON SERVED: APPROX. 45 Yrs. WEIGHT: 160 Lbs. HEIGHT:
SEX: Female SKIN COLOR: White HAIR: Blonde OTHER:
A COPY OF SAID
SUMMONS AND AMENDED VERIFIED COMPLAINT WITH NOTICE OF ELECTRONIC FILING
( MANDATORY CASE )
AND THAT AT THE TIME OF MAKING SUCH SERVICE, DEPONENT PAID THE SECRETARY OF STATE
THE SUM OF $10.00, THAT BEING THE LAWFUL FEE OF THE SECRETARY OF STATE FOR ACCEFT-
ING SUCH SERVICE: DEPONENT FURTHER SAYS THAT SUCH SERVICE WAS MADE PURSUANT TO
VEHICLE AND TRAFFIC LAW §253 (NON-RESIDENT) OF THE STATE OF NY AND THAT THE
SAID AMY LESCH WAS A DESIGNATED CLERK OF THE SECRETARY OF
STATE AND PERSON AUTHORIZED BY LAW TO ACCEPT SERVICE IN SUCH CASES.
SWORN TO BEFORE ME ON THIS
5TH / Y OF RUA 021 ROBERŠ'
GOY ME
vVONNE SVR IN
I OTARY PUBUC, State of New Ýork Invoice-Work Order # 2103410
Preview
FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022 "A" EXHIBIT FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022 . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS \ __---------...-------1-------...-------...........................-x Index No.: 70 Q4 L c o DMe?urchase GEICO INSURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR, Plaintiff Designates Queens County Plaintiff, as the Place of Trial -against- The Basis of Venue is the Location of the Accident PAYANO EXPRESS INC. and ANTONIO PEDRO MARTE. SUMMONS Defendants. Plaintiff's Business at: .........Ç Geico Insurance Co. 750 Woodbury Road Woodbury, New York 1 1797 To the above named Defendant(s): 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 20 days after the service of this Summons, exclusive of the day of service (or within 20 days after the service is complete if this Summons is not personally deli'vered to you within the State of New York); and in case of your failure to appear or answer, udgment will be taken against you by default for the relief demanded in the Complaint. Dated: Farmingdale, New York January 19, 2021 CARMAN, AP & IN AM, LLP By: __ . JA C. ARASINGHE, ESQ. Attorn vs r Plaintiff GEICO SURANCE COMPANY a/s/o CHRIST1 A P. MCARTHUR 266 Main Street FarmingdaleJew York 11735 249-3450 - Tel. (516) 843-6390 - Fax (516) File No.: 3053-203 FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022 De fendant(s ) Addiess(es): PAYANO EXP1 SS INC 376 Duncan Avenue Jersey City, NJ 0 306 ANTONIO PEDRD MARTE 131-01 135 Ave, 4pt 1 South Ozone Part, NY 11420 FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ....--...______...__...---........................x GEICO INSURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR, Plaintiff, Index No.: 701241/2021 -against- AMENDED VERIFIED COMPLAINT PAYANO EXPRESS INC. and ANTONIO PEDRO MARTE, . Defendants. ...----Ç . Plastiff OEICO INSURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR, by its attorneys, CARMAN, CALLAHAN & INOHAM, LLP complaining of the above-named Defendants', alleges upon information and belief: 1. At all times hereinafter mentioned, Plaintiff OEICO INSURANCE COMPANY, is a corporation authorized to engage in and carry on an insurance business within the State of New Ýork with a New York business location situated in the County of Nassau, State of New YorÈ. 2. At all times hereinafter mentioned, Plaintiff's subrogor, CHRISTINA P. MCARTHUR was and still is a resident of Queens, New York. 3. At all times hereinafter mentioned, Defendant, PAYANO EXPRESS INC. is a domestic corporation authorized to engage in and carry on business within the State of New York. 4. At all times hereinafter mentioned, Defendant, ANTONIO PEDRO MARTE was and still is a resident in South Ozone Park, New York. 5. On April 17, 2018, the Defendant, PAYANO EXPRESS INC. was the owner of A 2001 U'reightliner bearing New Jersey plate AS365S. FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022 6. That on April 17, 2018, Defendant, ANTONIO PEDRO MARTE was operating the 200P Freightliner with permission and consent from Defendant, PAYANO EXPRESS INC. 7. At all times hereinafter mentioned, Plaintiff's subrogor, CHRISTINA P. MCARTHUR is lie owner of a 2011 Chevrolet motor vehicle bearing New. York license plate DUE2886. That vehicle was insured by GEICO INSURANCE COMPANY, with policy number 0320982140101066 in full force and effect on April 17, 2018. 8. . On April 17, 2018, Defendants PAYANO EXPRESS INC. and ANTONIO PEDRO MARTE's 2001 Freightliner was traveling eastbound in center lane on 495 Long Island Expressway at or near Clearview Expressway, Queens County, New York. /* 9. On April 17, 2018, Plaintiff was traveling eastbound in center lane on 495 Long Island Expréssway at or near Clearview Expressway, Queens County, New York when Defendants, PAYANO EXPRESS INC. and ANTONIO PEDRO MARTE's 2001 Freightliner struck the rear of Plaintiff's subrogor, CHRISTINA P. MCARTHUR'S vehicle. 10.5 That at all times hereinafter 495 Island a mentioned, Long Expressway near Clearview Ezpressway, Queens County, New York is a public street. 11 As a result of the accident, Plaintiff's subrogor CHRISTINA P. MCARTHUR su .ained serious personal injuries as defined by §5102(d) of the insurance laws for which he receiUed first party no fault benefits from GEICO INSURANCE.COMPANY. Defendants' 12. That the negligence of the consisted in carelessly and negligently permitting the aforesaid 2001 Freightliner to be operated in a negligent and careless manner; in failing and oinitting to have the 2001 Freightliner under reasonable and proper control; in operating the 2001 Freightliner in violation of the Vehicle and Traffic Laws of the State of New Yorl ; in failing and omitting to operate the 2001 Freightliner with due care for the safety of others; ià failing and omitting to provide and make proper and timely use of adequate brakes; in causing the Freightliner to be operated in such a negligent and reckless manner so as FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022 to precipitate the ceident above referred to; in failing and omitting to take proper and suitable precautions to avoid the said accident. 13.. Pursuant to §5104(b) of the New York Insurance Law, "in action any by or on behalf of tDcovered person, against a non-covered person, where damages for personal injuries arise out of the use or operation of a motor vehicle or a motorcycle may be recovered, an insurer that has pàid first party benefits on account of such injuries has a right to recoup first party benefits frdin the liable non-covered tortfeasor. Defendants are a non-covered person as defined by §5104(b) of the New York Insurance Law. Additionally, GEICO INSURANCE COMPANY mainbtins a statutory lien against any recovery to the extent of first party benefits paid to CHRISTINA P. MCCARTHUR. 14(.1 To GEICO INSURANCE COMPANY has issued Nine date, Forty Thousand Eight HÈmdred ($49,800.00) Dollars in no-fault payments on behalf of CHRISTINA P. Defendants' MCARTHUR as esult ofthe negligence. 15. That at all times herein mentioned, Plaintiff did not contribute to the happening of this noident by any act or omission on his part. W IEREFORE, Plaintiff, GEICO INSURANCE COMPANY a/s/o defendants' CHRISTINA P. l CARTHUR demands judgment against the PAYANO EXPRESS INC. and ANTON O PEDRO MARTE in the amount of issued Forty Nine Thousand Eight Hundred ($49,80 .00) Dollars and for any additional no fault payments that are made as result of this accident. Dated: Farmingdale, New York January 14 2021 JAMI . ARASINGHE, ESQ. FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022 VERIFICATION STATE OF NEW YORK) COUNTV OF N SAU ) I, JAMI C. AMARASINGHE, an attomey duly admitted to practice law in the Courts of the State of New York, affirm that I am a member of the law firm CARMAN, CALLAHAN & INGHAM, LLP, attorneys of record for the Plaintiff; GEICO INSURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR in the within action; that 1 have read the foregoing Summo$s and Cornplaint and know the contents thereof: that the same is true to my knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those midtters I believe thern to be true. I further say that the reason this Verification is made by me and dot by the Plaintiff is that the Plaintiff does not reside within the County of Nassau where I m intain my office. Tlie grounds of my belief as to all matters not stated upon my imowledge are as follows; the recor is of the plaintiffs made available to me. I afñrm that the foregoing statements are true, under penalties of perjury. Dated: Farmingdale, New York January 19 2021 JAMI . A . RASINGHE, ESQ FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022 - NYSCEF Queens County Supreme Court Paymgnt Receipt This is an automated response for Supreme Court cases. The NYSCEF site has received your electronically filed documents for the following case. Index Number NOT assigned GEICO INSURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR v. PAYANO EXPRESS INC et al Docum6nts Received on 01/19/2021 02:10 PM Doc # j. Document Type Control # Motion # Fee 1 SUMMONS + COMPLAINT $0.00 Does not contain an SSN or CPI as defined in 202.5(e) or 206.5(e) IndexFee + $210"O0 TotalFee $210.00 Payment Information Generated Receipt #: 0002043796 Payment Type: AMERICAN EXPRESS Date Paid: 01/19/2021 Fee Amou I: $210.00 Authorizatidn Code: 238572 Commente .Filing Òser Jami C Arparasinghe | jamarasinghe@carmanlawteam.com | 516-370-5539 266 Mairi Street, Farmingdale, NY 11735 Audrey I. Pheffer, Queens Cou ty Clerk and Clerk of the Supreme Court " apheffer@nycourts.gov Phone: 718-298-017s. 718-298¶801 Website: https://www.nycourts.gov/COURTS/11]d/queenaderk NYSCEF Resource Cen%r - nyscef@nycourts.gov Phone: (646) 386-3033 r t Fax: (212) 401-9146 Website: www.nycourts.gov/efile Page I of 1 . FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022 NYSCEF # - Queens County Supreme Court Î*% ConfiSmation Notice o, s The NYSCL2 website has received an electronic filing on 01/19/2021 02:10 PM. Please keep this notice as a confirm tion of this filing. Index Number NOT assigned GEICO I SURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR v. PAYANO EXPRESS INC et at Assigned judge: None Recorded Documents Received on 01/19/202102:10 PM Doc # Document Type 1 )UMMONS + COMPLAINT Filing U er Jami C Amarasinghe | Jamarasinghe@carmanlawteam.com | 516-370-5539 266 Mainlitreet, Farmingdale, NY 11735 E-mail Notifications An email regarding this filing has been sent to the following on 01/19/2021 02:10 PM: JAMI C. MARASINGHE - jamarasinghe@carmanlawteam.com Email Notifications NOT Sent Role 3 Party Attorney Respor.dent PAYANO EXPRESS INC No consent on record. Responcent ANTONIO PEDRO MARTE No consent on record. * Court rule htquire hard copy service upon non-participating parties and attorneys who have opted-out or declined consent. .. I. Pheffer, Queen.r Clerk and Clerk of the supreme Court - aphefferenycourts.gov Audrey County Phone: 718-298-0173, 718-298-0601 website: https://www.nycourts.gov/COURTS/11jd/queensclerk NYSCEF Resource Cohter, nyscef@nycourts.gov Phone: (646) Fax: (212) 401-9146 | Website: www.nycourts.gov/efile 386-3033.| Page 1 of 1 FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022 ( ' f - NYSCEF Queens County Supreme Court Confifmation Notice The NYSCEF website has received an electronic filing on 01/20/2021 11:16 AM. Please keep this notice as a confirmation of this filing. 701241/2021 GEICO I SURANCE COMPANY a/s/o CHRISTINA P. MCARTHUR v. PAYANO EXPRESS INC et al Assigned Judge: None Recorded Documents Received on 01/20/2021 11:15 AM Doc # . Document Type 2 COMPLAINT (AMENDED) Flilng User Jami C Amarasinghe | Jamarasinghe@Carmanlawteam.com | 516-370-5539 266 Main Street, Farmingdale, NY 11735 E-mail Itiotifications An email regarding this filing has been sent to the following on 01/20/2021 11:15 AM: JAMI C. ÀMARASINGHE - Jamarasinghe@carmaniawteam.com Email N. tifications NOT Sent Role . Party Attorney Respondent PAYANO EXPRESS INC No consent on record. Respondent ANTONIO PEDRO MARTE No consent on record. * Court rules require hard parties and attomeys who have opted-out or declined copy service upon non-participating consent - Audrey f. Pheffer, Queens'.County Clerk and Clerk of the Supreme Court - aphefferenycourts.gov Phone: 718-298-0173, 718-298-0601 Website: https://www.nycourts.gov/COURTS/11jd/queensclerk NYSCEF Resource Ce ter, nyscef@nyCourts.gov Phone: (646) 386-3033 Fax: (212) 401-9146 | Website: www.nyCourts.gov/efile Page 1 of 1 FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Attomers: Company: Carman. Callahan & Ingham LLP PH: 516-249-3450 Address: 266 Main street Farmingdale, NY 11735 GEICO INSURANCE COMPANY A/S/O CHRISTINA P MCARTHUR |NDEX #: 701241/2021 Date Filed: 01/19/2021 Plaintiff vs Affidavit of Service and Compliance PAYANO E XPRESS INC AND ANTONIO PEDRO MARTE pursuant of N.Y.S. Vehicle and Traffic Law Sections 263/264 (X) The index number and the filing date of Defendant the action were endorsed upon the face of STATE OF NEW YORK, COUNTY OF NASSAU, SS.: the papers so served herein. THE UNDERSIGNED DEPONENT BEING DULY SWORN DEPOSES AND SAYS DEPONENT IS IIOT A PARTY TO THIS ACTION AND IS OVER THE AGE OF EIGHTEEN YEARS AND RESIDES IN THE STATE OF NEW YORK. Following service on The Secretary of State, deponent forthwith mailed by CERTIFIED MAIL, RETURN RECElPT REQUESTED, a copy of the SUMMONS AND AMENDED VERIFIED COMPLAINT WITH NOTICE OF ELECTRONIC FILING to the Defendant, PAYANO EXPRESS INC, at his/her residence outside of the State of New York. That affixed to the Process sent was a NOTICE TO THE DEFENDANT which stated as follows: NOTICE NOTICE NOTICE PLEASE BE ADVISED THAT PURSUANT TO THE VEHICLE AND TRAFFIC LAW OF THE STATE OFNEW YORK Sections 263/254, a copy of the enclosed summons with notice/summons and complaint was served on the SECRETARY OF STATE OF THE STATE OF NEW YORR, on Friday, February 5, 2021. Tendered at that time was the Statutory Fee of Ten ($10.00) dollars. That on 5-19-2021 , the certified mail was received by the defendant as evidenced by the signed retumed receipt, which is annexed to this affidavit. That said CERTIFIED MAIL RETURN RECEIPT REQUESTED, was retumed UNCLAIMED/REFUSED by the defendant and same was retumed to your deponent with the appropriate notations on the face of the envelope which is annexed hereto as an exhibit. That pursuant to Sec. 253/254 N. Y. S. VTL, a copy of the process with the proper Notice was sent by regular mail to the defendant on . That annexed hereto is a PROOF OF MAILING CERTIFICATE, presented and hand canceled by the United States post office as evidence of said mailing by regular mail. ¡ That said mailing was retumed by the Post Office as undeliverable and service could not be completed. Ó m to before 021 NOTARY PUBLIC Patricia Rothfritz Notary Public - State of New York Denise Klass No. 01R06055503; Qualified in Nassau County My Commission Expires February 26, 2023 Job #: 2101969 INTER COUNTr Juarcia SEartcEs,LLC, 6851 JEarcuo TURNPtKE, SUHE 180, SYOSSET, NY 11791 LICENSE # 137177) FILED: QUEENS COUNTY CLERK 05/11/2022 12:08 PM INDEX NO. 701241/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/11/2022 AFFIDAVir OF SERVICE BY THE SECRETARY OF STATE Attorney(s) Carmen Callahan & Ingham LLP Index # 701241/2021 Purchased/Filed: January 19, 2021 STATE OF NEW YORK Court: Supreme County: Queens GEICO INSURANCE COMPANY A/S/O CHRISTINA P MCARTHUR. PLAINTIFF AGAINST PAYANO EXPRESS INC ET AL DEFENDANT STATE OF NEW YORK ) COUNTY OF ALBANY ) SS CITY OF ALBANY ) ROBERT GUYEITE BEING DULY SWORN, DEPOSES AND SAYS: DEPONENT RESIDES IN THE CITY OF ALBANY, COUNTY OF ALBANY, STATE OF NEW YORK. THAT ON 2/5/2021 , AT 1:00PM AT THE OFFICE OF THE NY SECRETARY OF STATE, ONE COMMERCE PLAZA, ALBANY,NY, 12231 DEPONENT SERVED : SUMMONS AND AMENDED VERIFIED COMPLAINT WITH NOTICE OF ELECTRONIC FILING ( MANDATORY CASE ) UPON PAYANO EXPRESS INC THE DEFENDANT IN THE ABOVE CAPTIONED ACTION BY DELIVERING TO AND LEAVING WITH AMY LESCH AGE· 5' 10" DESCRIFFION OF PERSON SERVED: APPROX. 45 Yrs. WEIGHT: 160 Lbs. HEIGHT: SEX: Female SKIN COLOR: White HAIR: Blonde OTHER: A COPY OF SAID SUMMONS AND AMENDED VERIFIED COMPLAINT WITH NOTICE OF ELECTRONIC FILING ( MANDATORY CASE ) AND THAT AT THE TIME OF MAKING SUCH SERVICE, DEPONENT PAID THE SECRETARY OF STATE THE SUM OF $10.00, THAT BEING THE LAWFUL FEE OF THE SECRETARY OF STATE FOR ACCEFT- ING SUCH SERVICE: DEPONENT FURTHER SAYS THAT SUCH SERVICE WAS MADE PURSUANT TO VEHICLE AND TRAFFIC LAW §253 (NON-RESIDENT) OF THE STATE OF NY AND THAT THE SAID AMY LESCH WAS A DESIGNATED CLERK OF THE SECRETARY OF STATE AND PERSON AUTHORIZED BY LAW TO ACCEPT SERVICE IN SUCH CASES. SWORN TO BEFORE ME ON THIS 5TH / Y OF RUA 021 ROBERŠ' GOY ME vVONNE SVR IN I OTARY PUBUC, State of New Ýork Invoice-Work Order # 2103410