Preview
FILED: WESTCHESTER COUNTY CLERK 12/14/2023 07:58 AM INDEX NO. 72162/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2023
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF WESTCHESTER
MAURITS CROES,
Plaintiff designates
Westchester County as the
Plaintiff, place of trial.
~ against ~ The basis of the venue is
CPLR Section 504 (3)
THE CITY OF YONKERS, SUMMONS
Plaintiffs reside at
Defendant. 222 Gailmore Drive
Yonkers, New York
County of Westchester
TOTHEABOVENAMEDDEFENDANT:
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 attorney within 20 days after the service of this summons, exclusive
of the day of service (or within 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: New York, New York
December 13, 2023
LAW OFFICE OF KENNETH A. LABARCA
Attorney for Plaintiff
305 Broadway, Suite 805
New York, New York 10007
Tel. No.: (212) 962-2211
Fax No.: (212) 962-2255
Defendant:
THE CITY OF YONKERS
c/o Yonkers Corporation Counsel
40 South Broadway, Suite 300 Yonkers, New York 10701
1 of 7
FILED: WESTCHESTER COUNTY CLERK 12/14/2023 07:58 AM INDEX NO. 72162/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
MAURITS CROES,
Plaintiff, Index No.
~against~ VERIFIED COMPLAINT
THE CITY OF YONKERS,
Defendant.
Plaintiff complaining of the defendant by his attorney KENNETH A. LABARCA, ESQ.,
respectfully shows to this Court and alleges:
1) That at all times hereinafter mentioned, plaintiff resided in the County of
Westchester, City of Yonkers and State of New York.
2. That as a result of the hereinafter alleged occurrence, plaintiff herein suffered a
serious injury as defined by Section 5102, Subsection (d) of the Insurance Law of the State of New
York.
3. That by reason thereof, this plaintiff is entitled to recover for non-economic loss
loss"
and for such economic losses as are not included within the definition of "basic economic
set forth in Section 5102, Subsection (a) of the Insurance Law of the State of New York.
person"
4. Plaintiff is a "covered as defined by Section 5102, Subsection (j) of the
Insurance Law of the State of New York.
5. Upon information and belief, that at all times hereinafter mentioned, defendant
CITY OF YONKERS , was and is a constituted municipality organized and existing under and by
virtue of the laws of the State New York.
6. That prior to the commencement of this action, within ninety (90) days after the
happening of the incident herein, plaintiff served a notice of claim in writing upon defendant, THE
CITY OF YONKERS.
2 of 7
FILED: WESTCHESTER COUNTY CLERK 12/14/2023 07:58 AM INDEX NO. 72162/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2023
7. That prior to the commencement of this action, pursuant to notice by defendant,
CITY OF YONKERS, plaintiff appeared for a 50(h) hearing on September 11, 2023.
8. That although thirty (30) days have elapsed since the service of such notice of claim
upon defendant, CITY OF YONKERS, herein has failed, neglected and refused to settle or adjust
said claim.
9. That this action is being commenced within one (1) year and ninety (90) days from
the time and date that the subject incident occurred.
10. That defendant, CITY OF YONKERS, maintained a police department to patrol its
municipality.
11. That defendant, CITY OF YONKERS, employed Glenn Wyka as a police officer
in the CITY OF YONKERS.
12. That defendant owned a 2014 Ford bearing New York State License Plate No. 126.
13. Upon information and belief, that at all times hereinafter mentioned, Glenn Wyka
operated the 2014 Ford vehicle owned by defendant, CITY OF YONKERS.
14. Upon information and belief, at all times hereinafter mentioned, Glenn Wyka
operated the vehicle owned by defendant, CITY OF YONKERS, with the consent and/or
permission of the defendant, CITY OF YONKERS.
15. This action falls within one or more of the exceptions set forth in CPLR §1602.
16. That at all times hereinafter mentioned, the roadway and street of the Jackson
Avenue entrance ramp to the southbound Sprain Brook Parkway, in the County of Westchester,
and State of New York, was and still is a public roadway in common use by residents of the State
of New York and others.
3 of 7
FILED: WESTCHESTER COUNTY CLERK 12/14/2023 07:58 AM INDEX NO. 72162/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2023
17. That on or about the September 15, 2022 at about 2:15 P.M. of that day, the said
vehicle owned by CITY OF YONKERS and operated by Police Office Glenn Wyka was being
operated on the Jackson Avenue entrance ramp to the southbound Sprain Brook Parkway, in the
County of Westchester, and State of New York,
15th
18. That on or about the day of September 2022 at about 2:15 P.M. of that day,
while plaintiff was carefully, lawfully and properly at the aforesaid location, the aforementioned
vehicle operated, managed and controlled by defendant and/or defendant's agent, servant and/or
employee, Glenn Wyka, struck the vehicle owned and operated by plaintiff causing him to become
seriously injured about the head, body and limbs.
19. That the aforesaid occurrence and the injuries sustained by plaintiff therefrom were
caused solely through the fault and negligence on the part of the respective defendant and/or
defendant's agent, servant and/or employee, Glenn Wyka, and without any fault or negligence on
the part of plaintiff.
20. That by reason of the aforesaid occurrence, plaintiff was injured about his head,
body and limbs; has suffered, still suffers and, upon information and belief, will in the future
continue to suffer great mental and physical pain and bodily injury; that he has been disabled, upon
information and belief will in the future continue to be disabled by reason of said injuries; that he
has required and, upon information and belief, will the future continue to require hospitalization
and medical and surgical aid and attention for said injuries; that he has expended great sum of
money to date for medical aid and attention, and, upon information and belief, will in the future
continue to be unable to attend to his regular duties and vocation; and plaintiff has been deprived
of the enjoyment of his life and, upon information and belief, his injuries and their sequelae will
4 of 7
FILED: WESTCHESTER COUNTY CLERK 12/14/2023 07:58 AM INDEX NO. 72162/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2023
be of a lasting and permanent nature, all to plaintiff's damage in an amount that exceeds the
jurisdictional limits of all lower Courts.
WHEREFORE, plaintiff demands judgment against defendants, all together with costs
and disbursements of this action.
Dated: New York, New York
December 13, 2023
KENNETH A. LABARCA, ESQ.
Attorney for Plaintiff
305 Broadway, Suite 805
New York, New York 10007
Tel.: (212) 962-2211
Fax: (212) 962-2255
5 of 7
FILED: WESTCHESTER COUNTY CLERK 12/14/2023 07:58 AM INDEX NO. 72162/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2023
ATTORNEY VERIFICATION
STATE OF NEW YORK )
)ss.:
COUNTY OF NEW YORK )
The undersigned, an attorney admitted to practice in the State of New York, affirms the
following under the penalty of perjury and pursuant to CPLR §2106:
That I am the attorney of record for plaintiff in the within action. I have read the foregoing
SUMMONS and COMPLAINT and know the contents thereof; that same are true to my own
knowledge, except as to the matters therein stated to be alleged upon information and belief, and
to those matters affirmant believes them to be true.
The undersigned further states that the reason this affirmation is made by the undersigned
and not by the plaintiff is because plaintiff does not reside/maintaining its principal place of
business in the County where affirmant maintains his office.
The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
are information contained in affirmant's file which has been obtained by the plaintiff, police
reports and investigation.
Dated: New York, New York
December 13, 2023
KENNETH A. LABARCA
6 of 7
FILED: WESTCHESTER COUNTY CLERK 12/14/2023 07:58 AM INDEX NO. 72162/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2023
Law Office of
KENNETH A. LABARCA
305 Broadway, Suite 805
New York, New York 10007
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
MAURITS CROES,
Plaintiff,
~against~
THE CITY OF YONKERS
Defendant.
SUMMONS and VERIFIED COMPLAINT
Form Signature Rule: (130-1.1-a)
KENNETH A. LABARCA, Esq.
Attorney for Plaintiff
305 Broadway, Suite 805
New York, New York 10007
Tel.: (212) 962-2211
Fax: (212) 962-2255
To:
CITY OF YONKERS
c/o Corporation Counsel, City Hall
40 South Broadway, Room 300
Yonkers, NY 10701
(914) 377-6256
7 of 7
Preview
FILED: WESTCHESTER COUNTY CLERK 12/14/2023 07:58 AM INDEX NO. 72162/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF WESTCHESTER MAURITS CROES, Plaintiff designates Westchester County as the Plaintiff, place of trial. ~ against ~ The basis of the venue is CPLR Section 504 (3) THE CITY OF YONKERS, SUMMONS Plaintiffs reside at Defendant. 222 Gailmore Drive Yonkers, New York County of Westchester TOTHEABOVENAMEDDEFENDANT: 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 attorney within 20 days after the service of this summons, exclusive of the day of service (or within 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: New York, New York December 13, 2023 LAW OFFICE OF KENNETH A. LABARCA Attorney for Plaintiff 305 Broadway, Suite 805 New York, New York 10007 Tel. No.: (212) 962-2211 Fax No.: (212) 962-2255 Defendant: THE CITY OF YONKERS c/o Yonkers Corporation Counsel 40 South Broadway, Suite 300 Yonkers, New York 10701 1 of 7 FILED: WESTCHESTER COUNTY CLERK 12/14/2023 07:58 AM INDEX NO. 72162/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER MAURITS CROES, Plaintiff, Index No. ~against~ VERIFIED COMPLAINT THE CITY OF YONKERS, Defendant. Plaintiff complaining of the defendant by his attorney KENNETH A. LABARCA, ESQ., respectfully shows to this Court and alleges: 1) That at all times hereinafter mentioned, plaintiff resided in the County of Westchester, City of Yonkers and State of New York. 2. That as a result of the hereinafter alleged occurrence, plaintiff herein suffered a serious injury as defined by Section 5102, Subsection (d) of the Insurance Law of the State of New York. 3. That by reason thereof, this plaintiff is entitled to recover for non-economic loss loss" and for such economic losses as are not included within the definition of "basic economic set forth in Section 5102, Subsection (a) of the Insurance Law of the State of New York. person" 4. Plaintiff is a "covered as defined by Section 5102, Subsection (j) of the Insurance Law of the State of New York. 5. Upon information and belief, that at all times hereinafter mentioned, defendant CITY OF YONKERS , was and is a constituted municipality organized and existing under and by virtue of the laws of the State New York. 6. That prior to the commencement of this action, within ninety (90) days after the happening of the incident herein, plaintiff served a notice of claim in writing upon defendant, THE CITY OF YONKERS. 2 of 7 FILED: WESTCHESTER COUNTY CLERK 12/14/2023 07:58 AM INDEX NO. 72162/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2023 7. That prior to the commencement of this action, pursuant to notice by defendant, CITY OF YONKERS, plaintiff appeared for a 50(h) hearing on September 11, 2023. 8. That although thirty (30) days have elapsed since the service of such notice of claim upon defendant, CITY OF YONKERS, herein has failed, neglected and refused to settle or adjust said claim. 9. That this action is being commenced within one (1) year and ninety (90) days from the time and date that the subject incident occurred. 10. That defendant, CITY OF YONKERS, maintained a police department to patrol its municipality. 11. That defendant, CITY OF YONKERS, employed Glenn Wyka as a police officer in the CITY OF YONKERS. 12. That defendant owned a 2014 Ford bearing New York State License Plate No. 126. 13. Upon information and belief, that at all times hereinafter mentioned, Glenn Wyka operated the 2014 Ford vehicle owned by defendant, CITY OF YONKERS. 14. Upon information and belief, at all times hereinafter mentioned, Glenn Wyka operated the vehicle owned by defendant, CITY OF YONKERS, with the consent and/or permission of the defendant, CITY OF YONKERS. 15. This action falls within one or more of the exceptions set forth in CPLR §1602. 16. That at all times hereinafter mentioned, the roadway and street of the Jackson Avenue entrance ramp to the southbound Sprain Brook Parkway, in the County of Westchester, and State of New York, was and still is a public roadway in common use by residents of the State of New York and others. 3 of 7 FILED: WESTCHESTER COUNTY CLERK 12/14/2023 07:58 AM INDEX NO. 72162/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2023 17. That on or about the September 15, 2022 at about 2:15 P.M. of that day, the said vehicle owned by CITY OF YONKERS and operated by Police Office Glenn Wyka was being operated on the Jackson Avenue entrance ramp to the southbound Sprain Brook Parkway, in the County of Westchester, and State of New York, 15th 18. That on or about the day of September 2022 at about 2:15 P.M. of that day, while plaintiff was carefully, lawfully and properly at the aforesaid location, the aforementioned vehicle operated, managed and controlled by defendant and/or defendant's agent, servant and/or employee, Glenn Wyka, struck the vehicle owned and operated by plaintiff causing him to become seriously injured about the head, body and limbs. 19. That the aforesaid occurrence and the injuries sustained by plaintiff therefrom were caused solely through the fault and negligence on the part of the respective defendant and/or defendant's agent, servant and/or employee, Glenn Wyka, and without any fault or negligence on the part of plaintiff. 20. That by reason of the aforesaid occurrence, plaintiff was injured about his head, body and limbs; has suffered, still suffers and, upon information and belief, will in the future continue to suffer great mental and physical pain and bodily injury; that he has been disabled, upon information and belief will in the future continue to be disabled by reason of said injuries; that he has required and, upon information and belief, will the future continue to require hospitalization and medical and surgical aid and attention for said injuries; that he has expended great sum of money to date for medical aid and attention, and, upon information and belief, will in the future continue to be unable to attend to his regular duties and vocation; and plaintiff has been deprived of the enjoyment of his life and, upon information and belief, his injuries and their sequelae will 4 of 7 FILED: WESTCHESTER COUNTY CLERK 12/14/2023 07:58 AM INDEX NO. 72162/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2023 be of a lasting and permanent nature, all to plaintiff's damage in an amount that exceeds the jurisdictional limits of all lower Courts. WHEREFORE, plaintiff demands judgment against defendants, all together with costs and disbursements of this action. Dated: New York, New York December 13, 2023 KENNETH A. LABARCA, ESQ. Attorney for Plaintiff 305 Broadway, Suite 805 New York, New York 10007 Tel.: (212) 962-2211 Fax: (212) 962-2255 5 of 7 FILED: WESTCHESTER COUNTY CLERK 12/14/2023 07:58 AM INDEX NO. 72162/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2023 ATTORNEY VERIFICATION STATE OF NEW YORK ) )ss.: COUNTY OF NEW YORK ) The undersigned, an attorney admitted to practice in the State of New York, affirms the following under the penalty of perjury and pursuant to CPLR §2106: That I am the attorney of record for plaintiff in the within action. I have read the foregoing SUMMONS and COMPLAINT and know the contents thereof; that same are true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and to those matters affirmant believes them to be true. The undersigned further states that the reason this affirmation is made by the undersigned and not by the plaintiff is because plaintiff does not reside/maintaining its principal place of business in the County where affirmant maintains his office. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are information contained in affirmant's file which has been obtained by the plaintiff, police reports and investigation. Dated: New York, New York December 13, 2023 KENNETH A. LABARCA 6 of 7 FILED: WESTCHESTER COUNTY CLERK 12/14/2023 07:58 AM INDEX NO. 72162/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2023 Law Office of KENNETH A. LABARCA 305 Broadway, Suite 805 New York, New York 10007 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER MAURITS CROES, Plaintiff, ~against~ THE CITY OF YONKERS Defendant. SUMMONS and VERIFIED COMPLAINT Form Signature Rule: (130-1.1-a) KENNETH A. LABARCA, Esq. Attorney for Plaintiff 305 Broadway, Suite 805 New York, New York 10007 Tel.: (212) 962-2211 Fax: (212) 962-2255 To: CITY OF YONKERS c/o Corporation Counsel, City Hall 40 South Broadway, Room 300 Yonkers, NY 10701 (914) 377-6256 7 of 7