Preview
FILED: KINGS COUNTY CLERK 01/23/2024 12:56 PM INDEX NO. 502261/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------------X
MARK HYLTON, e-file
Index No.:
Plaintiff, Date Filed:
SUMMONS
-against-
Plaintiff designates
Kings County
as the place of trial
The basis of venue is
MARIE VALME, Plaintiff’s residence
Defendant. Plaintiff resides at
5402 Beverly Rd.
-----------------------------------------------------------------------X Brooklyn, New York 11203
To the above-named Defendant:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to
serve a copy of your Answer on Plaintiff’s attorney within twenty (20) days after the service
of this Summons, exclusive of the day of service (or within thirty (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 herein.
Dated: New York, New York
January 23, 2024
Respectfully,
ANTHONY P. BORDEN, ESQ., P.C.
_____________________________
By: Anthony P. Borden, Esq.
Attorney for Plaintiff
20 Vesey Street – Suite 503
New York, New York 10007
(212) 631-7447
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Defendant’s Address:
1. Marie Valme, 133 Clarke Avenue, Staten Island, NY 10306 OR
369 Linden Blvd., Brooklyn, NY 11203
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------------X
MARK HYLTON,
Index No.:
Plaintiff,
VERIFIED
-against- COMPLAINT
MARIE VALME,
Defendant.
-----------------------------------------------------------------------X
Plaintiff, MARK HYLTON, by his attorney ANTHONY P. BORDEN, ESQ. P.C., as
and for his Verified Complaint herein, respectfully sets forth and alleges upon information
and belief the following:
1. That at all times hereinafter mentioned, Plaintiff was, and still is, a
resident of the County of Kings, City and State of New York.
2. That at all times hereinafter mentioned, defendant MARIE VALME
was, and still is, a resident of the State of New York.
3. That at all times hereinafter mentioned, defendant MARIE VALME
was the owner of a certain motor vehicle bearing New York State plate number KRV3632
for the year 2023.
4. That at all times hereinafter mentioned, defendant MARIE VALME
operated said motor vehicle bearing New York State plate number KRV3632 for the year
2023.
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5. That at all times hereinafter mentioned, defendant MARIE VALME
managed said motor vehicle bearing New York State plate number KRV3632 for the year
2023.
6. That at all times hereinafter mentioned, defendant MARIE VALME
maintained said motor vehicle bearing New York State plate number KRV3632 for the
year 2023.
7. That at all times hereinafter mentioned, defendant MARIE VALME
controlled said motor vehicle bearing New York State plate number KRV3632 for the year
2023.
8. That at all times hereinafter mentioned, the roadway known as
Bedford Avenue at or about the intersection of Linden Boulevard, in the County of Kings,
City and State of New York, was a public roadway and thoroughfare in common use by
the residents of the State of New York.
9. That at all times hereinafter mentioned, Plaintiff was a pedestrian
lawfully traversing over and along the roadway known as Bedford Avenue at or about the
intersection of Linden Boulevard, in the County of Kings, City and State of New York.
10. That at all times hereinafter mentioned, Defendant was responsible
for the proper and prudent operation, management, maintenance and control of the
aforesaid motor vehicle.
11. That on or about the 5th day of August 2023, Defendant was
operating said motor vehicle bearing New York State plate number KRV3632 over and
along the roadway known as Bedford Avenue at or about the intersection of Linden
Boulevard, in the County of Kings, City and State of New York.
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12. That on or about the 5th day of August 2023, at approximately 7:55
A.M., at the aforementioned location, the aforesaid motor vehicle owned and operated by
defendant MARIE VALME struck the Plaintiff.
13. That by reason of the foregoing, Plaintiff was injured.
14. That Defendant so carelessly and negligently operated or failed to
safeguard her motor vehicle so as to cause the aforesaid contact.
15. That the foregoing accident and the resulting injuries to Plaintiff were
caused solely by reason of the carelessness and negligence on the part of Defendant.
16. That by reason of the foregoing, Plaintiff was severely injured and
damaged, rendered sick, sore, lame and disabled, sustained severe nervous shock and
mental anguish, great physical pain and emotional upset, some of which injuries are
permanent in nature and duration, and Plaintiff will be permanently caused to suffer pain,
inconvenience and other effects of such injuries; Plaintiff incurred, and in the future will
necessarily incur, further hospital and/or medical expenses in an effort to be cured of said
injuries and Plaintiff will be unable to pursue his duties with the same degree of efficiency
as prior to this accident, all to Plaintiff's great damage.
17. That as a result of the foregoing, Plaintiff suffered a serious injury as
defined by Section 5102(d) of the Insurance Law of the State of New York.
18. That by reason thereof, Plaintiff is entitled to recover for non-
economic loss and for such other economic losses as are not included within the definition
of 'basic economic loss' as set forth in Section 5102(a) of the Insurance Law of the State
of New York.
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19. That Plaintiff is a 'covered person' as defined by Section 5102(j) of
the Insurance Law of the State of New York.
20. That this action falls within one or more of the exceptions set forth in
C.P.L.R. 1602.
21. That by reason of the foregoing, Plaintiff has sustained damages in
a monetary amount which exceeds the jurisdictional limit of all lower courts which might
otherwise have had jurisdiction.
WHEREFORE, Plaintiff, MARK HYLTON, demands judgment against Defendant,
MARIE VALME, in a sum exceeding the jurisdictional limit of all lower Courts which might
otherwise have had jurisdiction, together with the costs and disbursements of this action.
Dated: New York, New York
January 23, 2024
Respectfully,
ANTHONY P. BORDEN, ESQ., P.C.
____________________________
By: Anthony P. Borden, Esq.
Attorney for Plaintiff
20 Vesey Street, Suite 503
New York, New York 10007
(212) 631-7447
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ATTORNEY’S VERIFICATION
ANTHONY P. BORDEN, an attorney duly admitted to practice law before the
Courts of the State of New York, hereby affirms the truth of the following statements under
the penalties of perjury:
Affirmant is the attorney of record for plaintiff MARK HYLTON in the within action.
Affirmant has read the foregoing VERIFIED COMPLAINT and knows the contents
thereof.
The same is true to affirmant's own knowledge, except as to the matters therein
stated to be alleged upon information and belief, and as to those matters, affirmant
believes them to be true.
The reason this verification is made by affirmant and not by Plaintiff is because
Plaintiff does not reside within the County wherein your affirmant maintains his office.
The ground of affirmant's belief as to all matters not stated upon affirmant's own
knowledge are as follows: investigation and information received by affirmant in the
course of his duties as attorney for the said Plaintiff.
Dated: New York, New York
January 23, 2024
______________________________
Anthony P. Borden,
Attorney for Plaintiff
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------X
MARK HYLTON,
Plaintiff,
-against- INDEX NO.:
MARIE VALME,
Defendant.
--------------------------------------X
SUMMONS &
VERIFIED COMPLAINT
ANTHONY P. BORDEN, ESQ., P.C.
Attorney for Plaintiff
20 Vesey Street
Suite 503
New York, New York 10007
(212) 631-7447
________________________________________________________________
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts
of New York State, certifies that, upon information and belief and reasonable inquiry, the
contentions contained in the annexed document are not frivolous.
Dated: New York, NY Signed: _______________________________
January 23, 2024 Anthony P. Borden, Attorney for Plaintiff
______________________________________________________________________
Service of a copy the within Summons & Verified Complaint is hereby admitted.
Dated: ______________________ ______________________________
Attorney(s) for
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Preview
FILED: KINGS COUNTY CLERK 01/23/2024 12:56 PM INDEX NO. 502261/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------X MARK HYLTON, e-file Index No.: Plaintiff, Date Filed: SUMMONS -against- Plaintiff designates Kings County as the place of trial The basis of venue is MARIE VALME, Plaintiff’s residence Defendant. Plaintiff resides at 5402 Beverly Rd. -----------------------------------------------------------------------X Brooklyn, New York 11203 To the above-named Defendant: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer on Plaintiff’s attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (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 herein. Dated: New York, New York January 23, 2024 Respectfully, ANTHONY P. BORDEN, ESQ., P.C. _____________________________ By: Anthony P. Borden, Esq. Attorney for Plaintiff 20 Vesey Street – Suite 503 New York, New York 10007 (212) 631-7447 1 of 8 FILED: KINGS COUNTY CLERK 01/23/2024 12:56 PM INDEX NO. 502261/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 Defendant’s Address: 1. Marie Valme, 133 Clarke Avenue, Staten Island, NY 10306 OR 369 Linden Blvd., Brooklyn, NY 11203 2 of 8 FILED: KINGS COUNTY CLERK 01/23/2024 12:56 PM INDEX NO. 502261/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X MARK HYLTON, Index No.: Plaintiff, VERIFIED -against- COMPLAINT MARIE VALME, Defendant. -----------------------------------------------------------------------X Plaintiff, MARK HYLTON, by his attorney ANTHONY P. BORDEN, ESQ. P.C., as and for his Verified Complaint herein, respectfully sets forth and alleges upon information and belief the following: 1. That at all times hereinafter mentioned, Plaintiff was, and still is, a resident of the County of Kings, City and State of New York. 2. That at all times hereinafter mentioned, defendant MARIE VALME was, and still is, a resident of the State of New York. 3. That at all times hereinafter mentioned, defendant MARIE VALME was the owner of a certain motor vehicle bearing New York State plate number KRV3632 for the year 2023. 4. That at all times hereinafter mentioned, defendant MARIE VALME operated said motor vehicle bearing New York State plate number KRV3632 for the year 2023. 3 of 8 FILED: KINGS COUNTY CLERK 01/23/2024 12:56 PM INDEX NO. 502261/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 5. That at all times hereinafter mentioned, defendant MARIE VALME managed said motor vehicle bearing New York State plate number KRV3632 for the year 2023. 6. That at all times hereinafter mentioned, defendant MARIE VALME maintained said motor vehicle bearing New York State plate number KRV3632 for the year 2023. 7. That at all times hereinafter mentioned, defendant MARIE VALME controlled said motor vehicle bearing New York State plate number KRV3632 for the year 2023. 8. That at all times hereinafter mentioned, the roadway known as Bedford Avenue at or about the intersection of Linden Boulevard, in the County of Kings, City and State of New York, was a public roadway and thoroughfare in common use by the residents of the State of New York. 9. That at all times hereinafter mentioned, Plaintiff was a pedestrian lawfully traversing over and along the roadway known as Bedford Avenue at or about the intersection of Linden Boulevard, in the County of Kings, City and State of New York. 10. That at all times hereinafter mentioned, Defendant was responsible for the proper and prudent operation, management, maintenance and control of the aforesaid motor vehicle. 11. That on or about the 5th day of August 2023, Defendant was operating said motor vehicle bearing New York State plate number KRV3632 over and along the roadway known as Bedford Avenue at or about the intersection of Linden Boulevard, in the County of Kings, City and State of New York. 4 of 8 FILED: KINGS COUNTY CLERK 01/23/2024 12:56 PM INDEX NO. 502261/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 12. That on or about the 5th day of August 2023, at approximately 7:55 A.M., at the aforementioned location, the aforesaid motor vehicle owned and operated by defendant MARIE VALME struck the Plaintiff. 13. That by reason of the foregoing, Plaintiff was injured. 14. That Defendant so carelessly and negligently operated or failed to safeguard her motor vehicle so as to cause the aforesaid contact. 15. That the foregoing accident and the resulting injuries to Plaintiff were caused solely by reason of the carelessness and negligence on the part of Defendant. 16. That by reason of the foregoing, Plaintiff was severely injured and damaged, rendered sick, sore, lame and disabled, sustained severe nervous shock and mental anguish, great physical pain and emotional upset, some of which injuries are permanent in nature and duration, and Plaintiff will be permanently caused to suffer pain, inconvenience and other effects of such injuries; Plaintiff incurred, and in the future will necessarily incur, further hospital and/or medical expenses in an effort to be cured of said injuries and Plaintiff will be unable to pursue his duties with the same degree of efficiency as prior to this accident, all to Plaintiff's great damage. 17. That as a result of the foregoing, Plaintiff suffered a serious injury as defined by Section 5102(d) of the Insurance Law of the State of New York. 18. That by reason thereof, Plaintiff is entitled to recover for non- economic loss and for such other economic losses as are not included within the definition of 'basic economic loss' as set forth in Section 5102(a) of the Insurance Law of the State of New York. 5 of 8 FILED: KINGS COUNTY CLERK 01/23/2024 12:56 PM INDEX NO. 502261/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 19. That Plaintiff is a 'covered person' as defined by Section 5102(j) of the Insurance Law of the State of New York. 20. That this action falls within one or more of the exceptions set forth in C.P.L.R. 1602. 21. That by reason of the foregoing, Plaintiff has sustained damages in a monetary amount which exceeds the jurisdictional limit of all lower courts which might otherwise have had jurisdiction. WHEREFORE, Plaintiff, MARK HYLTON, demands judgment against Defendant, MARIE VALME, in a sum exceeding the jurisdictional limit of all lower Courts which might otherwise have had jurisdiction, together with the costs and disbursements of this action. Dated: New York, New York January 23, 2024 Respectfully, ANTHONY P. BORDEN, ESQ., P.C. ____________________________ By: Anthony P. Borden, Esq. Attorney for Plaintiff 20 Vesey Street, Suite 503 New York, New York 10007 (212) 631-7447 6 of 8 FILED: KINGS COUNTY CLERK 01/23/2024 12:56 PM INDEX NO. 502261/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 ATTORNEY’S VERIFICATION ANTHONY P. BORDEN, an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms the truth of the following statements under the penalties of perjury: Affirmant is the attorney of record for plaintiff MARK HYLTON in the within action. Affirmant has read the foregoing VERIFIED COMPLAINT and knows the contents thereof. The same is true to affirmant's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters, affirmant believes them to be true. The reason this verification is made by affirmant and not by Plaintiff is because Plaintiff does not reside within the County wherein your affirmant maintains his office. The ground of affirmant's belief as to all matters not stated upon affirmant's own knowledge are as follows: investigation and information received by affirmant in the course of his duties as attorney for the said Plaintiff. Dated: New York, New York January 23, 2024 ______________________________ Anthony P. Borden, Attorney for Plaintiff 7 of 8 FILED: KINGS COUNTY CLERK 01/23/2024 12:56 PM INDEX NO. 502261/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------X MARK HYLTON, Plaintiff, -against- INDEX NO.: MARIE VALME, Defendant. --------------------------------------X SUMMONS & VERIFIED COMPLAINT ANTHONY P. BORDEN, ESQ., P.C. Attorney for Plaintiff 20 Vesey Street Suite 503 New York, New York 10007 (212) 631-7447 ________________________________________________________________ Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: New York, NY Signed: _______________________________ January 23, 2024 Anthony P. Borden, Attorney for Plaintiff ______________________________________________________________________ Service of a copy the within Summons & Verified Complaint is hereby admitted. Dated: ______________________ ______________________________ Attorney(s) for 8 of 8