Preview
FILED: SUFFOLK COUNTY CLERK 10/11/2023
08/10/2023 02:51
11:29 PM
AM INDEX NO. 620036/2023
NYSCEF DOC. NO. 24
1 RECEIVED NYSCEF: 10/11/2023
08/10/2023
SUPREME COURT OF THE STATE OF NEW YORK, Index#:
COUNTY OF SUFFOLK
JOSEPH A. ORTIZ,
X SUMMONS
Plaintiffs,
-against- PLAINTIFF(S) DESIGNATE
SUFFOLK COUNTY AS THE
JAMIE E. MULLIGAN PLACE OF TRIAL.
THE BASIS OF THE VENUE IS
DEFENDANTS’
Defendants. RESIDENCE/PRINCIPAL
PLACE OF BUSINESS AND/OR
THE SITUS OF THE
OCCURRENCE AT ISSUE.
X
Plaintiff JOSEPH A. ORTIZ resides at 66 Farrington Avenue, Bayshore, NY 11706; and Defendant JAMIE E.
MULLIGAN resides at 1463 2nd Street, West Babylon, NY 11704.
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to
serve a copy of your Answer if any, or if the Complaint is not served with this Amended Summons,
to serve a Notice of Appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this
Amended Summons, exclusive of the day of service (or within 30 days after the service is complete
if this Amended 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 herein.
The relief sought is a judgment against you in favor of passenger-Plaintiff(s) JOSEPH A.
ORTIZ in an amount to be determined by a jury at trial of this action along with the costs and
disbursements of this action for physical injuries and damages caused by the negligence,
recklessness, gross negligence, vicarious liability and other culpable conduct of Defendants in the
operation, maintenance and control of their vehicle in causing a collision with the Plaintiff(s’)
vehicle on or about 8/4/2023 at approximately 4:15 PM in the parking lot of 1000 Broadhollow
Road, Route 110 in Babylon, New York.
Upon your failure to appear, judgment will be taken against you by default for the relief
prayed and the costs of this action.
Dated: Bethpage, New York
August 10, 2023
Yours etc.,
JOSEPH C. ANDRUZZI
Attorney for Plaintiff(s)
326 Broadway, Suite 200
Bethpage, New York 11714
(516) 433-8600
1 of 5
FILED: SUFFOLK COUNTY CLERK 10/11/2023
08/10/2023 02:51
11:29 PM
AM INDEX NO. 620036/2023
NYSCEF DOC. NO. 24
1 RECEIVED NYSCEF: 10/11/2023
08/10/2023
SUPREME COURT OF THE STATE OF NEW YORK, Index#:
COUNTY OF SUFFOLK
X
JOSEPH A. ORTIZ, VERIFIED
COMPLAINT
Plaintiffs,
-against-
JAMIE E. MULLIGAN
Defendants.
X
Plaintiff(s) JOSEPH A ORTIZ, complaining of the Defendant(s) JAMIE E. MULLIGAN by her
attorneys, JOSEPH C. ANDRUZZI, ESQ. alleges upon information and belief as follows:
1. At all times hereinafter mentioned, Plaintiff(s) JOSEPH A. ORTIZ, resides at 66
Farrington Avenue, Bayshore NY 11706.
2. At all times hereinafter mentioned, Defendant JAMIE E. MULLIGAN resides at
1463 2nd Street, West Babylon NY 11704.
3. At all times hereinafter mentioned, Defendant JAMIE E. MULLIGAN was the
owner and operator of Defendant(s’) motor vehicle involved in the collision subject of this action
(2019 Mazda, N.Y. Registration KLW1306).
4. At all times hereinafter mentioned, Plaintiff, JOSEPH A. ORTIZ, was a restrained
front seat passenger in Plaintiff(s) vehicle.
5. The parking lot of 1000 Broadhollow Road, Farmingdale, NY 11735 was and still is
a public street, the situs of the two-car crash subject of this action.
6. On or about 8/4/2023 at approximately 4:15PM Defendant(s) proceeded at a
dangerous and excessive speed from the parking lot feeder lane, traveling in a general Westbound
direction, attempted a left hand turn in violation of VTL 1141 and crashed into the vehicle occupied
2 of 5
FILED: SUFFOLK COUNTY CLERK 10/11/2023
08/10/2023 02:51
11:29 PM
AM INDEX NO. 620036/2023
NYSCEF DOC. NO. 24
1 RECEIVED NYSCEF: 10/11/2023
08/10/2023
by the Plaintiff(s) which was traveling with right-of-way on the through street/lane, traveling in a
generally Northbound direction.
7. The accident was caused solely due to the negligence of Defendant(s) JAMIE E.
MULLIGAN without any negligence on the part of the Plaintiff(s) contributing thereto.
8. The negligence of Defendant(s) JAMIE E. MULLIGAN consisted in, amongst other
things in failing to observe and take sufficient heed of the traffic conditions in the vicinity of the
collision; in operating the Defendant(s’) motor vehicle(s) in such a careless and negligent manner as
to cause the happening of the collision; in failing to use adequate and sufficient care and caution to
prevent the collision complained of; in proceeding at a dangerous, unsafe and excessive rate of speed;
in operating the Defendant(s’) motor vehicle(s) at a dangerous, unsafe and excessive rate of speed
for the roadway conditions then existing; in failing to exercise sufficient control of the safe operation
of the Defendant(s') vehicle(s); in failing to stop in a timely manner to avoid the collision; in operating
the Defendant(s') vehicle(s) in a reckless manner; in failing to give warning to Plaintiff; in failing to
slow down, to stop and/or to yield the Defendant(s') vehicle(s) in approaching and prior to reaching
the site of the collision; in attempting a left-turn against right of way in violation of VTL 1141 in
failing to avoid the collision; in failing to use adequate and sufficient caution to prevent the collision;
in failing to utilize the brakes of the Defendant(s') vehicle(s); and in general, in operating the
Defendant(s') vehicle(s) in such a careless and negligent manner as to cause the collision.
9. As a result of the foregoing, Plaintiff(s)JOSEPH A. ORTIZ, have been rendered sick,
sore, lame and disabled with accompanying serious and severe pain and suffering, has been subject to
emotional distress and disturbance; has suffered and continues to suffer from severe and lasting injuries;
has suffered lost wages or income; has been caused to incur medical expenses, etc., in the past and will
incur them in the future; Plaintiff(s) JOSEPH A. ORTIZ have been rendered permanently, partially
disabled.
10. By reason of the foregoing Plaintiff(s) JOSEPH A. ORTIZ suffered severe and serious
injuries of a permanent nature as defined in Insurance Law §5102(d).
11. This case falls within one of the exceptions listed in CPLR §1602.
12. As a result of Defendant(s) JAMIE E. MULLIGAN negligence Plaintiff(s) JOSEPH
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FILED: SUFFOLK COUNTY CLERK 10/11/2023
08/10/2023 02:51
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AM INDEX NO. 620036/2023
NYSCEF DOC. NO. 24
1 RECEIVED NYSCEF: 10/11/2023
08/10/2023
A. ORTIZ, have been damaged in the amounts and manner aforesaid in a substantial sum of money to
be determined by a court and jury, including a punitive award, in excess of the jurisdictional limits of
all lower courts which would otherwise have jurisdiction over this action.
AS AND FOR A SECOND CAUSE OF ACTION
13. Plaintiff(s) repeat and reallege each and every allegation contained in the foregoing
paragraphs as though fully set forth at length herein.
14. As a consequence of the foregoing, Plaintiff(s) were caused to sustain serious injuries
as defined under 5102(d) of the Insurance Law of the State of New York and/or economic loss greater
than basic economic loss as defined in §5102(a) of the Insurance Law and/or other Special Damages.
15. To the extent that the expenses incurred and other consequential losses and Special
Damages suffered by Plaintiff(s) are not covered, paid, indemnified and replaced by No-Fault Insurance
benefits, Defendant(s) are liable to Plaintiff(s) to the full extent thereof, in an amount which exceeds
the jurisdictional limits of all lower courts.
WHEREFORE, Plaintiff(s) JOSEPH A. ORTIZ, each demand judgment against Defendant(s)
JAMIE E. MULLIGAN in the amounts and manner aforesaid in a substantial sum of money to be
determined by a court and jury, including a punitive award, in excess of the jurisdictional limits of all
lower courts which would otherwise have jurisdiction over this action, together with costs, interest and
disbursements of this action.
Dated: Bethpage, New York
August 9, 2023
YOURS ETC.,
JOSEPH C. ANDRUZZI, ESQS.
Attorneys for Plaintiff(s)
326 Broadway, Suite 200
Bethpage, New York 11714
(516) 433-8600
4 of 5
FILED: SUFFOLK COUNTY CLERK 10/11/2023
08/10/2023 02:51
11:29 PM
AM INDEX NO. 620036/2023
NYSCEF
DocuSignDOC. NO.
Envelope 1
24
ID: 667D5ADD-30AB-4E8A-8736-144EB9FFA1AB RECEIVED NYSCEF: 10/11/2023
08/10/2023
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
JOSEPH A. ORTIZ, being sworn says:
I am the Plaintiff in the action herein; I have read the annexed Verified Complaint and know the contents thereof
and same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief,
and as to those matters I believe them to be true.
DocuSigned
by:
1AE4273019B9487...
JOSEPH A. ORTIZ
Swo to before m hi August 10, 2023
N AR P IC
-...
ANAE PE[ITO
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 02PE6429770
Qualified in Queens County
Commission Exp!-os 22, 2026
February
Pursuant to New York Electronic Signatures and Records Act, Executive Law § 135-c
5 of 5
Preview
FILED: SUFFOLK COUNTY CLERK 10/11/2023 08/10/2023 02:51 11:29 PM AM INDEX NO. 620036/2023 NYSCEF DOC. NO. 24 1 RECEIVED NYSCEF: 10/11/2023 08/10/2023 SUPREME COURT OF THE STATE OF NEW YORK, Index#: COUNTY OF SUFFOLK JOSEPH A. ORTIZ, X SUMMONS Plaintiffs, -against- PLAINTIFF(S) DESIGNATE SUFFOLK COUNTY AS THE JAMIE E. MULLIGAN PLACE OF TRIAL. THE BASIS OF THE VENUE IS DEFENDANTS’ Defendants. RESIDENCE/PRINCIPAL PLACE OF BUSINESS AND/OR THE SITUS OF THE OCCURRENCE AT ISSUE. X Plaintiff JOSEPH A. ORTIZ resides at 66 Farrington Avenue, Bayshore, NY 11706; and Defendant JAMIE E. MULLIGAN resides at 1463 2nd Street, West Babylon, NY 11704. TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer if any, or if the Complaint is not served with this Amended Summons, to serve a Notice of Appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this Amended Summons, exclusive of the day of service (or within 30 days after the service is complete if this Amended 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 herein. The relief sought is a judgment against you in favor of passenger-Plaintiff(s) JOSEPH A. ORTIZ in an amount to be determined by a jury at trial of this action along with the costs and disbursements of this action for physical injuries and damages caused by the negligence, recklessness, gross negligence, vicarious liability and other culpable conduct of Defendants in the operation, maintenance and control of their vehicle in causing a collision with the Plaintiff(s’) vehicle on or about 8/4/2023 at approximately 4:15 PM in the parking lot of 1000 Broadhollow Road, Route 110 in Babylon, New York. Upon your failure to appear, judgment will be taken against you by default for the relief prayed and the costs of this action. Dated: Bethpage, New York August 10, 2023 Yours etc., JOSEPH C. ANDRUZZI Attorney for Plaintiff(s) 326 Broadway, Suite 200 Bethpage, New York 11714 (516) 433-8600 1 of 5 FILED: SUFFOLK COUNTY CLERK 10/11/2023 08/10/2023 02:51 11:29 PM AM INDEX NO. 620036/2023 NYSCEF DOC. NO. 24 1 RECEIVED NYSCEF: 10/11/2023 08/10/2023 SUPREME COURT OF THE STATE OF NEW YORK, Index#: COUNTY OF SUFFOLK X JOSEPH A. ORTIZ, VERIFIED COMPLAINT Plaintiffs, -against- JAMIE E. MULLIGAN Defendants. X Plaintiff(s) JOSEPH A ORTIZ, complaining of the Defendant(s) JAMIE E. MULLIGAN by her attorneys, JOSEPH C. ANDRUZZI, ESQ. alleges upon information and belief as follows: 1. At all times hereinafter mentioned, Plaintiff(s) JOSEPH A. ORTIZ, resides at 66 Farrington Avenue, Bayshore NY 11706. 2. At all times hereinafter mentioned, Defendant JAMIE E. MULLIGAN resides at 1463 2nd Street, West Babylon NY 11704. 3. At all times hereinafter mentioned, Defendant JAMIE E. MULLIGAN was the owner and operator of Defendant(s’) motor vehicle involved in the collision subject of this action (2019 Mazda, N.Y. Registration KLW1306). 4. At all times hereinafter mentioned, Plaintiff, JOSEPH A. ORTIZ, was a restrained front seat passenger in Plaintiff(s) vehicle. 5. The parking lot of 1000 Broadhollow Road, Farmingdale, NY 11735 was and still is a public street, the situs of the two-car crash subject of this action. 6. On or about 8/4/2023 at approximately 4:15PM Defendant(s) proceeded at a dangerous and excessive speed from the parking lot feeder lane, traveling in a general Westbound direction, attempted a left hand turn in violation of VTL 1141 and crashed into the vehicle occupied 2 of 5 FILED: SUFFOLK COUNTY CLERK 10/11/2023 08/10/2023 02:51 11:29 PM AM INDEX NO. 620036/2023 NYSCEF DOC. NO. 24 1 RECEIVED NYSCEF: 10/11/2023 08/10/2023 by the Plaintiff(s) which was traveling with right-of-way on the through street/lane, traveling in a generally Northbound direction. 7. The accident was caused solely due to the negligence of Defendant(s) JAMIE E. MULLIGAN without any negligence on the part of the Plaintiff(s) contributing thereto. 8. The negligence of Defendant(s) JAMIE E. MULLIGAN consisted in, amongst other things in failing to observe and take sufficient heed of the traffic conditions in the vicinity of the collision; in operating the Defendant(s’) motor vehicle(s) in such a careless and negligent manner as to cause the happening of the collision; in failing to use adequate and sufficient care and caution to prevent the collision complained of; in proceeding at a dangerous, unsafe and excessive rate of speed; in operating the Defendant(s’) motor vehicle(s) at a dangerous, unsafe and excessive rate of speed for the roadway conditions then existing; in failing to exercise sufficient control of the safe operation of the Defendant(s') vehicle(s); in failing to stop in a timely manner to avoid the collision; in operating the Defendant(s') vehicle(s) in a reckless manner; in failing to give warning to Plaintiff; in failing to slow down, to stop and/or to yield the Defendant(s') vehicle(s) in approaching and prior to reaching the site of the collision; in attempting a left-turn against right of way in violation of VTL 1141 in failing to avoid the collision; in failing to use adequate and sufficient caution to prevent the collision; in failing to utilize the brakes of the Defendant(s') vehicle(s); and in general, in operating the Defendant(s') vehicle(s) in such a careless and negligent manner as to cause the collision. 9. As a result of the foregoing, Plaintiff(s)JOSEPH A. ORTIZ, have been rendered sick, sore, lame and disabled with accompanying serious and severe pain and suffering, has been subject to emotional distress and disturbance; has suffered and continues to suffer from severe and lasting injuries; has suffered lost wages or income; has been caused to incur medical expenses, etc., in the past and will incur them in the future; Plaintiff(s) JOSEPH A. ORTIZ have been rendered permanently, partially disabled. 10. By reason of the foregoing Plaintiff(s) JOSEPH A. ORTIZ suffered severe and serious injuries of a permanent nature as defined in Insurance Law §5102(d). 11. This case falls within one of the exceptions listed in CPLR §1602. 12. As a result of Defendant(s) JAMIE E. MULLIGAN negligence Plaintiff(s) JOSEPH 3 of 5 FILED: SUFFOLK COUNTY CLERK 10/11/2023 08/10/2023 02:51 11:29 PM AM INDEX NO. 620036/2023 NYSCEF DOC. NO. 24 1 RECEIVED NYSCEF: 10/11/2023 08/10/2023 A. ORTIZ, have been damaged in the amounts and manner aforesaid in a substantial sum of money to be determined by a court and jury, including a punitive award, in excess of the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action. AS AND FOR A SECOND CAUSE OF ACTION 13. Plaintiff(s) repeat and reallege each and every allegation contained in the foregoing paragraphs as though fully set forth at length herein. 14. As a consequence of the foregoing, Plaintiff(s) were caused to sustain serious injuries as defined under 5102(d) of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss as defined in §5102(a) of the Insurance Law and/or other Special Damages. 15. To the extent that the expenses incurred and other consequential losses and Special Damages suffered by Plaintiff(s) are not covered, paid, indemnified and replaced by No-Fault Insurance benefits, Defendant(s) are liable to Plaintiff(s) to the full extent thereof, in an amount which exceeds the jurisdictional limits of all lower courts. WHEREFORE, Plaintiff(s) JOSEPH A. ORTIZ, each demand judgment against Defendant(s) JAMIE E. MULLIGAN in the amounts and manner aforesaid in a substantial sum of money to be determined by a court and jury, including a punitive award, in excess of the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action, together with costs, interest and disbursements of this action. Dated: Bethpage, New York August 9, 2023 YOURS ETC., JOSEPH C. ANDRUZZI, ESQS. Attorneys for Plaintiff(s) 326 Broadway, Suite 200 Bethpage, New York 11714 (516) 433-8600 4 of 5 FILED: SUFFOLK COUNTY CLERK 10/11/2023 08/10/2023 02:51 11:29 PM AM INDEX NO. 620036/2023 NYSCEF DocuSignDOC. NO. Envelope 1 24 ID: 667D5ADD-30AB-4E8A-8736-144EB9FFA1AB RECEIVED NYSCEF: 10/11/2023 08/10/2023 STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) JOSEPH A. ORTIZ, being sworn says: I am the Plaintiff in the action herein; I have read the annexed Verified Complaint and know the contents thereof and same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. DocuSigned by: 1AE4273019B9487... JOSEPH A. ORTIZ Swo to before m hi August 10, 2023 N AR P IC -... ANAE PE[ITO NOTARY PUBLIC, STATE OF NEW YORK Registration No. 02PE6429770 Qualified in Queens County Commission Exp!-os 22, 2026 February Pursuant to New York Electronic Signatures and Records Act, Executive Law § 135-c 5 of 5