Preview
FILED: NASSAU COUNTY CLERK 11/09/2023 03:10 PM INDEX NO. 607676/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/09/2023
EXHIBIT 1
FILED: NASSAU COUNTY CLERK 11/09/2023 03:10 PM INDEX NO. 607676/2023
NYSCEF DOC. NO. 17 RECEIVED
INDEX NYSCEF:
NO. 11/09/2023
607676/2023
FILED : NASSAU COUNTY CLERK 05 /12 /2023 08 : 50 AM)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2023
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF NASSAU
--------------------------------------------X SUMMONS
ROBIN ELLIS,
Plaintiff designates NASSAU
Plaintiff, County as the place of trial.
-against- The basis of venue is:
Location of accident
THE VILLAGE OF ROCKVILLE CENTRE
and MICHAEL E. OSWALD, The location of accident is:
Cedar Avenue & Hempstead
Defendants, Avenue, Rockville Centre, NY
-------------------------------------------X County of NASSAU
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 plaintiffs attorney(s) within twenty (20) days after the services 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: May 12, 2023
Lake Success, New York
Respectfully Submitted,
By: TRICIA C. SMITH, ESQ.
LAW OFFICE OF COHEN & JAFFE, LLP
Attorneysforthe Plaintiff
ROBIN ELLIS
2001 Marcus Avenue - Suite W295
Lake Success, New York I 1042
(5I6) 358-6900
www.Cohenjaffe.com
TO: THE VILLAGE OF ROCKVILLE CENTRE, One College Place, Rockville Centre, NY I1570
.MICHAEL E. OSWALD, 1966 JacksonAvenue, Seaford, NY 11783
**** *****
Please submit these papers to your insurance carrier
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FILED: NASSAU COUNTY CLERK 11/09/2023 03:10 PM INDEX NO. 607676/2023
NYSCEF DOC. NO. 17 RECEIVED
INDEX NYSCEF:
NO. 11/09/2023
607676/2023
FILED : NASSAU COUNTY CLERK 05/12/2023 08:50 AM|
9YSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_______________________________________Ç
ROBIN ELLIS,
Plaintiff Demands Trial by Jury
Plaintiff,
COMPLAINT
-against-
Index No.:
THE VILLAGE OF ROCKVILLE CENTRE
and MICHAEL E. OSWALD,
Defendants,
_________________________________Ç
Plaintiff, ROBIN ELLIS, by his attorneys, LAW OFFICE OF COHEN & JAFFE, LLP, as
and for his Complaint alleges against the Defendants upon information and belief as follows:
THE PARTIES
1. At all times herein mentioned, Plaintiff, ROBIN ELLIS, was, and still is a resident
of the State of New York.
2. At all times hereinafter mentioned, and on April 29, 2022, the defendant, THE
VILLAGE OF ROCKVILLE CENTRE, was, and still is, a municipal corporation duly organized
and existing under, and by virtue of, the laws of the State of New York.
3. At all times herein mentioned, Defendant, MICHAEL E. OSWALD, was, and still
is a resident of the State of New York.
4. This action falls within one or more of the exceptions set forth in Article 16 of the
C.P.L.R.
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFF, ROBIN ELLIS
5. The Plaintiff repeats, reiterates and realleges each and every paragraph numbered
"1" "4"
through inclusive with the same force and effect as if said paragraphs were more fully set
forth at length herein.
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FILED: NASSAU COUNTY CLERK 11/09/2023 03:10 PM INDEX NO. 607676/2023
NYSCEF DOC. NO. 17 RECEIVED
INDEX
NYSCEF:
NO.
11/09/2023
607676/2023
FILED : NASSAU COUNTY CLERK 05/12/2023 08:50 AM)
9YSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2023
6. That on or about July 5, 2022, the plaintiff caused a written notice of claim to be
served upon the defendant, THE VILLAGE OF ROCKVILLE CENTRE, and that said notice was
served within ninety (90) days of the incident as alleged herein.
7. That more than thirty (30) days have elapsed since the presentation of said notice
of claim and that the claim remains unadjusted, as defendant, THE VILLAGE OF ROCKVILLE
CENTRE, has wholly neglected, failed, and refused to make any payment of same.
8. That plaintiff appeared for a hearing pursuant to Rule 50(h) of the Municipal Law
on November 1, 2022, noticed by the defendant, THE VILLAGE OF ROCKVILLE CENTRE,
and that his testimony was taken at that time with respect to the facts and circumstances
surrounding the within claim.
9. That this action has been commenced within one (1) year and ninety (90) days of
the date of the occurrence herein.
10. At all times herein mentioned, Defendant, THE VILLAGE OF ROCKVILLE
CENTRE, was the owner of a 2016 Chevrolet motor vehicle bearing New York State license plate
number AY8768.
11. At all times herein mentioned, Defendant, THE VILLAGE OF ROCKVILLE
CENTRE, maintained the aforementioned motor vehicle.
12. At all times herem mentioned, Defendant, THE VILLAGE OF ROCKVILLE
CENTRE, controlled the aforementioned motor vehicle.
13. At all times herein mentioned, Defendant, THE VILLAGE OF ROCKVILLE
CENTRE, gave permission for the aforementioned Chevrolet motor vehicle to be operated by
Defendant, MICHAEL E. OSWALD.
14. At all times herein mentioned, Defendant, MICHAEL E. OSWALD, was the owner
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FILED: NASSAU COUNTY CLERK 11/09/2023 03:10 PM INDEX NO. 607676/2023
NYSCEF DOC. NO. 17 RECEIVED
INDEX
NYSCEF:
NO.
11/09/2023
607676/2023
FILED : NASSAU COUNTY CLERK 05/12/2023 08:50 AH
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2023
of a 2016 Chevrolet motor vehicle bearing New York State license plate number AY8768.
15. At all times herein mentioned, Defendant, MICHAEL E. OSWALD, operated the
aforementioned motor vehicle.
16. At all times herein mentioned, Defendant, MICHAEL E. OSWALD, maintained
the aforementioned motor vehicle.
17. At all times herein mentioned, Defendant, MICHAEL E. OSWALD, controlled the
aforementioned motor vehicle.
18. At all times herein mentioned, Defendant, MICHAEL E. OSWALD, operated the
aforementioned Chevrolet motor vehicle with the permission, consent and knowledge of its owner,
Defendant, THE VILLAGE OF ROCKVILLE CENTRE.
19. At all times hereinafter mentioned, the Defendant, MICHAEL E. OSWALD, was
employed by Defendant, THE VILLAGE OF ROCKVILLE CENTRE.
20. At all times hereinafter mentioned, the Defendant, MICHAEL E. OSWALD, was
operating the aforementioned vehicle during the course of his employment with Defendant, THE
VILLAGE OF ROCKVILLE CENTRE.
21. At all times herein mentioned, Cedar Avenue at or near its intersection with
Hempstead Avenue, in the County of Nassau, State of New York, was and still is a public roadway
over and along which motor vehicles were accustomed to and did travel.
22. On April 29, 2022, Defendant, MICHAEL E. OSWALD, was operating the
aforementioned motor vehicle at the aforementioned location.
23. On April 29, 2022, Plaintiff, ROBIN ELLIS, was operating a 2013 BMW motor
vehicle at the aforementioned location.
24. On April 29, 2022, at the aforementioned location, the aforementioned 2016
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FILED: NASSAU COUNTY CLERK 11/09/2023 03:10 PM INDEX NO. 607676/2023
NYSCEF DOC. NO. 17
NASSAU
RECEIVED
INDEX NYSCEF:
NO. 11/09/2023
607676/2023
FILED : . COUNTY CLERK 05/12/2023 08: 50 AM)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2023
Chevrolet motor vehicle came into contact with the aforementioned 2013 BMW motor vehicle.
25. As a result of the aforesaid contact, Plaintiff, ROBIN ELLIS, sustained severe and
serious injuries as defined in Section 5102(d) of the Insurance Law of the State of New York and an
economic loss greater than basic economic loss as defined in Section 5102(a) of the Insurance Law
of the State of New York.
26. The aforesaid contact and serious injuries sustained ROBIN
by Plaintiff, ELLIS,
were due directly to the negligence of the defendants in the ownership, operation, maintenance
and control of their motor vehicle.
27. By reason of the foregoing, Plaintiff, ROBIN ELLIS, has been damaged in an
amount which exceeds the jurisdictional limits of all lower courts, which might otherwise have
jurisdiction over this matter.
WHEREFORE, n is respectfully requested that this Court grant judgment against the
Defendants in an amount which exceeds the jurisdictional limit of all lower courts which might
otherwise have jurisdiction over this matter, as well as the diversity jurisdiction minimum amount
of all United States District Courts, together with costs and disbursements, and interest, and for
such other, further and different relief as to this Court may deem just and proper.
Dated: May 12, 2023
Lake Success, New York
Respectfully Submitted,
By: TRICIA C. SMITH, ESQ.
LAW OFFICE OF COHEN & JAFFE, LLP
Attorneys for the Plaintif
ROBIN ELLIS
2001 Marcus Avenue - Suite W295
Lake Success, hew York 1 1042
(516) 358-6900
www.CohenJaffe.com
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FILED: NASSAU COUNTY CLERK 11/09/2023 03:10 PM INDEX NO. 607676/2023
NYSCEF DOC. NO. 17 RECEIVED
INDEX
NYSCEF:
NO.
11/09/2023
607676/2023
FILED : NASSAU COUNTY CLERK 05/12/2023 08 : 50 AM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU Index No.:
ROBIN ELLIS,
Plaintiff,
-against-
THE VILLAGE OF ROCKVILLE CENTRE
and MICHAEL E. OSWALD,
Defendants,
SUMMONS AND COMPLAINT
LAW OFFICE OF COHEN & JAFFE, LLP
Attorneys for Plaintiff
ROBIN ELLIS
2001 Marcus Avenue
Lake Success, NY 11042
(516) 358-6900
www.CohenJaffe.com
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Preview
FILED: NASSAU COUNTY CLERK 11/09/2023 03:10 PM INDEX NO. 607676/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/09/2023 EXHIBIT 1 FILED: NASSAU COUNTY CLERK 11/09/2023 03:10 PM INDEX NO. 607676/2023 NYSCEF DOC. NO. 17 RECEIVED INDEX NYSCEF: NO. 11/09/2023 607676/2023 FILED : NASSAU COUNTY CLERK 05 /12 /2023 08 : 50 AM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NASSAU --------------------------------------------X SUMMONS ROBIN ELLIS, Plaintiff designates NASSAU Plaintiff, County as the place of trial. -against- The basis of venue is: Location of accident THE VILLAGE OF ROCKVILLE CENTRE and MICHAEL E. OSWALD, The location of accident is: Cedar Avenue & Hempstead Defendants, Avenue, Rockville Centre, NY -------------------------------------------X County of NASSAU 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 plaintiffs attorney(s) within twenty (20) days after the services 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: May 12, 2023 Lake Success, New York Respectfully Submitted, By: TRICIA C. SMITH, ESQ. LAW OFFICE OF COHEN & JAFFE, LLP Attorneysforthe Plaintiff ROBIN ELLIS 2001 Marcus Avenue - Suite W295 Lake Success, New York I 1042 (5I6) 358-6900 www.Cohenjaffe.com TO: THE VILLAGE OF ROCKVILLE CENTRE, One College Place, Rockville Centre, NY I1570 .MICHAEL E. OSWALD, 1966 JacksonAvenue, Seaford, NY 11783 **** ***** Please submit these papers to your insurance carrier 1 of 6 FILED: NASSAU COUNTY CLERK 11/09/2023 03:10 PM INDEX NO. 607676/2023 NYSCEF DOC. NO. 17 RECEIVED INDEX NYSCEF: NO. 11/09/2023 607676/2023 FILED : NASSAU COUNTY CLERK 05/12/2023 08:50 AM| 9YSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _______________________________________Ç ROBIN ELLIS, Plaintiff Demands Trial by Jury Plaintiff, COMPLAINT -against- Index No.: THE VILLAGE OF ROCKVILLE CENTRE and MICHAEL E. OSWALD, Defendants, _________________________________Ç Plaintiff, ROBIN ELLIS, by his attorneys, LAW OFFICE OF COHEN & JAFFE, LLP, as and for his Complaint alleges against the Defendants upon information and belief as follows: THE PARTIES 1. At all times herein mentioned, Plaintiff, ROBIN ELLIS, was, and still is a resident of the State of New York. 2. At all times hereinafter mentioned, and on April 29, 2022, the defendant, THE VILLAGE OF ROCKVILLE CENTRE, was, and still is, a municipal corporation duly organized and existing under, and by virtue of, the laws of the State of New York. 3. At all times herein mentioned, Defendant, MICHAEL E. OSWALD, was, and still is a resident of the State of New York. 4. This action falls within one or more of the exceptions set forth in Article 16 of the C.P.L.R. AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF, ROBIN ELLIS 5. The Plaintiff repeats, reiterates and realleges each and every paragraph numbered "1" "4" through inclusive with the same force and effect as if said paragraphs were more fully set forth at length herein. 2 of 6 FILED: NASSAU COUNTY CLERK 11/09/2023 03:10 PM INDEX NO. 607676/2023 NYSCEF DOC. NO. 17 RECEIVED INDEX NYSCEF: NO. 11/09/2023 607676/2023 FILED : NASSAU COUNTY CLERK 05/12/2023 08:50 AM) 9YSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2023 6. That on or about July 5, 2022, the plaintiff caused a written notice of claim to be served upon the defendant, THE VILLAGE OF ROCKVILLE CENTRE, and that said notice was served within ninety (90) days of the incident as alleged herein. 7. That more than thirty (30) days have elapsed since the presentation of said notice of claim and that the claim remains unadjusted, as defendant, THE VILLAGE OF ROCKVILLE CENTRE, has wholly neglected, failed, and refused to make any payment of same. 8. That plaintiff appeared for a hearing pursuant to Rule 50(h) of the Municipal Law on November 1, 2022, noticed by the defendant, THE VILLAGE OF ROCKVILLE CENTRE, and that his testimony was taken at that time with respect to the facts and circumstances surrounding the within claim. 9. That this action has been commenced within one (1) year and ninety (90) days of the date of the occurrence herein. 10. At all times herein mentioned, Defendant, THE VILLAGE OF ROCKVILLE CENTRE, was the owner of a 2016 Chevrolet motor vehicle bearing New York State license plate number AY8768. 11. At all times herein mentioned, Defendant, THE VILLAGE OF ROCKVILLE CENTRE, maintained the aforementioned motor vehicle. 12. At all times herem mentioned, Defendant, THE VILLAGE OF ROCKVILLE CENTRE, controlled the aforementioned motor vehicle. 13. At all times herein mentioned, Defendant, THE VILLAGE OF ROCKVILLE CENTRE, gave permission for the aforementioned Chevrolet motor vehicle to be operated by Defendant, MICHAEL E. OSWALD. 14. At all times herein mentioned, Defendant, MICHAEL E. OSWALD, was the owner 3 of 6 FILED: NASSAU COUNTY CLERK 11/09/2023 03:10 PM INDEX NO. 607676/2023 NYSCEF DOC. NO. 17 RECEIVED INDEX NYSCEF: NO. 11/09/2023 607676/2023 FILED : NASSAU COUNTY CLERK 05/12/2023 08:50 AH NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2023 of a 2016 Chevrolet motor vehicle bearing New York State license plate number AY8768. 15. At all times herein mentioned, Defendant, MICHAEL E. OSWALD, operated the aforementioned motor vehicle. 16. At all times herein mentioned, Defendant, MICHAEL E. OSWALD, maintained the aforementioned motor vehicle. 17. At all times herein mentioned, Defendant, MICHAEL E. OSWALD, controlled the aforementioned motor vehicle. 18. At all times herein mentioned, Defendant, MICHAEL E. OSWALD, operated the aforementioned Chevrolet motor vehicle with the permission, consent and knowledge of its owner, Defendant, THE VILLAGE OF ROCKVILLE CENTRE. 19. At all times hereinafter mentioned, the Defendant, MICHAEL E. OSWALD, was employed by Defendant, THE VILLAGE OF ROCKVILLE CENTRE. 20. At all times hereinafter mentioned, the Defendant, MICHAEL E. OSWALD, was operating the aforementioned vehicle during the course of his employment with Defendant, THE VILLAGE OF ROCKVILLE CENTRE. 21. At all times herein mentioned, Cedar Avenue at or near its intersection with Hempstead Avenue, in the County of Nassau, State of New York, was and still is a public roadway over and along which motor vehicles were accustomed to and did travel. 22. On April 29, 2022, Defendant, MICHAEL E. OSWALD, was operating the aforementioned motor vehicle at the aforementioned location. 23. On April 29, 2022, Plaintiff, ROBIN ELLIS, was operating a 2013 BMW motor vehicle at the aforementioned location. 24. On April 29, 2022, at the aforementioned location, the aforementioned 2016 4 of 6 FILED: NASSAU COUNTY CLERK 11/09/2023 03:10 PM INDEX NO. 607676/2023 NYSCEF DOC. NO. 17 NASSAU RECEIVED INDEX NYSCEF: NO. 11/09/2023 607676/2023 FILED : . COUNTY CLERK 05/12/2023 08: 50 AM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2023 Chevrolet motor vehicle came into contact with the aforementioned 2013 BMW motor vehicle. 25. As a result of the aforesaid contact, Plaintiff, ROBIN ELLIS, sustained severe and serious injuries as defined in Section 5102(d) of the Insurance Law of the State of New York and an economic loss greater than basic economic loss as defined in Section 5102(a) of the Insurance Law of the State of New York. 26. The aforesaid contact and serious injuries sustained ROBIN by Plaintiff, ELLIS, were due directly to the negligence of the defendants in the ownership, operation, maintenance and control of their motor vehicle. 27. By reason of the foregoing, Plaintiff, ROBIN ELLIS, has been damaged in an amount which exceeds the jurisdictional limits of all lower courts, which might otherwise have jurisdiction over this matter. WHEREFORE, n is respectfully requested that this Court grant judgment against the Defendants in an amount which exceeds the jurisdictional limit of all lower courts which might otherwise have jurisdiction over this matter, as well as the diversity jurisdiction minimum amount of all United States District Courts, together with costs and disbursements, and interest, and for such other, further and different relief as to this Court may deem just and proper. Dated: May 12, 2023 Lake Success, New York Respectfully Submitted, By: TRICIA C. SMITH, ESQ. LAW OFFICE OF COHEN & JAFFE, LLP Attorneys for the Plaintif ROBIN ELLIS 2001 Marcus Avenue - Suite W295 Lake Success, hew York 1 1042 (516) 358-6900 www.CohenJaffe.com 5 of 6 FILED: NASSAU COUNTY CLERK 11/09/2023 03:10 PM INDEX NO. 607676/2023 NYSCEF DOC. NO. 17 RECEIVED INDEX NYSCEF: NO. 11/09/2023 607676/2023 FILED : NASSAU COUNTY CLERK 05/12/2023 08 : 50 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Index No.: ROBIN ELLIS, Plaintiff, -against- THE VILLAGE OF ROCKVILLE CENTRE and MICHAEL E. OSWALD, Defendants, SUMMONS AND COMPLAINT LAW OFFICE OF COHEN & JAFFE, LLP Attorneys for Plaintiff ROBIN ELLIS 2001 Marcus Avenue Lake Success, NY 11042 (516) 358-6900 www.CohenJaffe.com 6 of 6