Preview
FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/26/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------X
JOSE ALFREDO VELEZ, NOTICE OF EFILING OF
NOTICE OF REMOVAL
Plaintiff,
Index No. 726012/2023
-against-
MICHAEL NAJEE RASPALDO-HIGGS AND MAGNA
TRUCKING, INC.,
Defendants.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE THAT that the above entitled action has been removed to
federal court, pursuant to the Notice of Removal filed with the Clerk of the United States District
Court for the Eastern District of New York, a true copy of which is attached hereto, and that said
matter shall proceed hereafter in the United States District Court for the Eastern District of New
York.
Dated: New York, New York
January 26, 2024
Yours, etc.,
SMITH MAZURE, P.C.
Attorneys for Defendants
Magna Trucking, Inc. and Michael Najee
Raspaldo-Higgs
39 Broadway, 29th Floor
New York, NY 10006-3053
(516) 414-7400
Our File No. NIC-01095
TO:
Subin Associates, LLP
150 Broadway, 23rd Floor
New York, NY 10038
(212) 285-3800/(347) 771-8204 (F)
Attorney for Plaintiff
Jose Alfredo Velez
APE/mzr
27
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U.S. District Court
Eastern District of New York (Brooklyn)
CIVIL DOCKET FOR CASE #: 1:24-cv-00606
Velez v. Raspaldo-Higgs et al Date Filed: 01/26/2024
Assigned to: Jury Demand: None
Demand: $10,000,000,000 Nature of Suit: 350 Motor Vehicle
Cause: 28:1442 Notice of Removal Jurisdiction: Diversity
Plaintiff
Jose Alfredo Velez represented by Jose Alfredo Velez
PRO SE
V.
Defendant
Michael Najee Raspaldo-Higgs represented by Ann Patricia Eccher
Smith Mazure, P.C.
39 Broadway
Ste 29th Floor
New York, NY 10006
516-294-7355
Fax: 516-294-7325
Email: aeccher@smithmazure.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Magna Trucking, Inc. represented by Ann Patricia Eccher
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
01/26/2024 1 NOTICE OF REMOVAL by Magna Trucking, Inc., Michael Najee Raspaldo-Higgs from
Supreme Court of the State of New York, County of Queens, case number 726012/2023. (
Filing fee $ 405 receipt number ANYEDC-17506454) (Attachments: # 1 Exhibit EXHIBIT
A - Summons and Complaint and Answer, # 2 Civil Cover Sheet) (Eccher, Ann) (Entered:
01/26/2024)
PACER Service Center
Transaction Receipt
01/26/2024 16:45:27
PACER Login: anneccher Client Code:
Description: Docket Report Search Criteria: 1:24-cv-00606
Billable Pages: 1 Cost: 0.10
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------------------------------------------X
JOSE ALFREDO VELEZ,
Plaintiff, NOTICE FOR REMOVAL
-against- Removed from:
Supreme Court of the State of
MICHAEL NAJEE RASPALDO-HIGGS AND MAGNA
New York, Queens County,
TRUCKING, INC.,
Index No. 726012/2023
Defendants.
----------------------------------------------------------------------X
TO: United States District Court
Eastern District of New York
NOTICE OF REMOVAL
Pursuant to 28 U.S.C. §§ 1441 and 1446, and Local Rule 81, Defendants Michael Najee
Raspaldo-Higgs and Magna Trucking, Inc. by Smith Mazure, P.C., submit this Notice of
Removal from the Supreme Court, State of New York, County of Queens, in which the above-
captioned matter is now pending, to the United States District Court for the Eastern District of
New York. Pursuant to 28 U.S.C §1446(d) copies of this Notice of Removal are being served on
all parties at the address listed in plaintiff’s state court complaint and are being filed in the
Supreme Court of the State of New York, County of Queens. In support of said notice, defendant
state as follows:
Procedural History
1. This suit was commenced by plaintiff in the Supreme Court of the State of New
York, County of Queens, with the office of the Queens County Clerk’s Office on December 8,
2023. A copy of plaintiff's Summons and Complaint and defendants’ Answer is annexed,
cumulatively, as Exhibit “A”.
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2. Pursuant to affidavits of service filed by plaintiff’s counsel defendant Michael
Najee Raspaldo-Higgs was served on December 18, 2023 and defendant Magna Trucking, Inc.
was served on January 3, 2024.
3. As service on defendant Magna Trucking, Inc. occurred less then 30 days ago the
time to file this Notice to Remove to this Court has not elapsed.
Parties/Diversity Jurisdiction
4. Plaintiff's complaint alleges that plaintiff is a resident of Osceola County, City of
Kissimmee, State of Florida. See Exhibit “A.” Thus, plaintiff is a citizen of the State of Florida
for diversity purposes.
5. Defendant Magna Trucking, Inc., is a corporation duly-organized and existing
under the laws of the State of New Jersey.
6. Defendant Michael Najee Raspaldo-Higgs is a citizen of Essex County, State of
New Jersey.
7. Accordingly, this Court possesses jurisdiction over this matter pursuant to 28
U.S.C. § 1332(a)(1) based upon complete diversity of citizenship.
Amount in Controversy/Subject Matter Jurisdiction
8. Plaintiff complaint alleges that plaintiff sustained damages in the sum of ten
million ($10,000,000) dollars and that he is entitled to damages the sum which exceeds the sum
or value established by 28 U.S.C. §1332(a) exclusive of interests and costs.
9. Thus, this Court has subject-matter jurisdiction over this action pursuant to 28
U.S.C. §1332(a)(1) in that it is a civil action between “citizens of different States,” and the
matter in controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs.
-2-
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10. Venue is proper pursuant to 28 U.S.C. §1441(a) as the Eastern District is the
Federal District Court embracing the place where the state court suit is pending.
Procedural Requirements
11. As required by 28 U.S.C. §1446(d), a copy of this Notice of Removal is being
served upon plaintiff’s counsel and is being filed with the Clerk of the Court, Supreme Court,
County of Queens.
WHEREFORE, defendants Magna Trucking, Inc. and Michael Najee Raspaldo-Higgs,
requests that this case be removed to the United States District Court, Eastern District of New
York, together with such other and further relief as to this Court may seem just, proper and
equitable.
Dated: New York, New York
January 26, 2024
Yours, etc.,
SMITH MAZURE, P.C.
Attorneys for Defendants
Magna Trucking, Inc. and Michael Najee
Raspaldo-Higgs
By:
ANN P. ECCHER
For the Firm
39 Broadway, 29th Floor
New York, NY 10006-3053
(516) 414-7400
Our File No. NIC-01095
TO:
Subin Associates, LLP
150 Broadway, 23rd Floor
New York, NY 10038
(212) 285-3800/(347) 771-8204 (F)
Attorney for Plaintiff
Jose Alfredo Velez
APE/mzr
28
-3-
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Exhibit A
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SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF QUEENS Date of Purchase:
= = = = = = = = = = = = = = = = = = = = = = = = = = =X SUMMONS
Plaintiff designates
JOSE ALFREDO VELEZ, QUEENS
County as the place of trial
Plaintiff, The basis of the venue is:
Situs of Occurrence
-against-
County of QUEENS
MICHAEL NAJEE RASPALDO-HIGGS AND MAGNA
TRUCKING, INC.,
Defendants.
= = = = = = = = = = = = = = = = = = = = = = = = = = =X
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 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
December 8, 2023
SUBIN ASSOCIATES LLP
BY:
PETER MAY, ESQ.
Attorneys for Plaintiff
Address and Telephone Number
150 Broadway – 23rd Fl
New York, New York 10038
(212) 285-3800
FILE NO.: 37357
Defendants Address:
Michael Najee Raspaldo-Higgs
100 S. 16th street
East Orange, NJ 07018
Magna Trucking, Inc.
529 St Andrews Pl
Manalapan, NJ 07726
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
= = = = = = = = = = = = = = = = = = = = = = = = = = = =X
VERIFIED COMPLAINT
JOSE ALFREDO VELEZ
Plaintiff,
-against-
MICHAEL NAJEE RASPALDO-HIGGS AND MAGNA
TRUCKING, INC.,
Defendants.
= = = = = = = = = = = = = = = = = = = = = = = = = = = =X
Plaintiff JOSE ALFREDO VELEZ, by his attorneys SUBIN ASSOCIATES LLP,
complaining of the defendant herein, respectfully shows to this Court and allege(s) as follows:
1. That at all times hereinafter alleged, the plaintiff JOSE ALFREDO VELEZ was a
resident of Osceola County, City of Kissimmee, State of Florida.
2. That at all times hereinafter alleged, JOSE ALFREDO VELEZ owned a motor vehicle
bearing license plate number CD92AG FL State.
3. That at all times hereinafter alleged, JOSE ALFREDO VELEZ operated a motor
vehicle bearing license plate number CD92AG FL State.
4. That at all the times hereinafter alleged, and upon information and belief, the defendant
MAGNA TRUCKING, INC. was and still is a domestic corporation organized and
existing under and by virtue of the laws of the State of New York.
5. That at all times hereinafter alleged, and upon information and belief, the defendant
MAGNA TRUCKING, INC. is the titled owner of a motor vehicle bearing license
plate number AU834L New Jersey State.
6. That at all times hereinafter alleged, and upon information and belief, the defendant
MAGNA TRUCKING, INC. is the registered owner of a motor vehicle bearing
license plate number AU834L New Jersey State.
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7. That at all the times hereinafter alleged, and upon information and belief, the defendant
MICHAEL NAJEE RASPALDO-HIGGS operated a motor vehicle bearing license
plate number AU834L New Jersey State.
8. That at all times hereinafter alleged, and upon information and belief, the defendant
MAGNA TRUCKING, INC. maintained the motor vehicle bearing the
aforementioned license plate number.
9. That at all times hereinafter alleged, and upon information and belief, the defendant
MAGNA TRUCKING, INC. managed the motor vehicle bearing the aforementioned
license plate number.
10. That at all times hereinafter alleged, and upon information and belief, the defendant
MICHAEL NAJEE RASPALDO-HIGGS controlled the motor vehicle bearing the
aforementioned license plate number.
11. That at all times hereinafter alleged, and upon information and belief, the defendant
MICHAEL NAJEE RASPALDO-HIGGS operated a motor vehicle bearing the
aforementioned license plate number with the knowledge, permission and consent of
defendant MAGNA TRUCKING, INC.
12. That at all the times hereinafter alleged, and upon information and belief, the defendant
MICHAEL NAJEE RASPALDO-HIGGS operated a motor vehicle bearing the
aforementioned license plate number within the scope of the knowledge, permission
and consent granted by the defendant MAGNA TRUCKING, INC.
13. That at all times hereinafter alleged, and upon information and belief, the defendant
MICHAEL NAJEE RASPALDO-HIGGS controlled a motor vehicle bearing the
aforementioned license plate number with the knowledge, permission and consent of
defendant MAGNA TRUCKING, INC.
14. That at all the times hereinafter alleged, and upon information and belief, the defendant
MICHAEL NAJEE RASPALDO-HIGGS controlled a motor vehicle bearing the
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aforementioned license plate number within the scope of the knowledge, permission
and consent granted by the defendant MAGNA TRUCKING, INC.
15. That at all times hereinafter alleged, and upon information and belief, the defendant
MICHAEL NAJEE RASPALDO-HIGGS controlled a motor vehicle bearing the
aforementioned license plate number in the course of his employment with defendant
MAGNA TRUCKING, INC.
16. That at all times hereinafter alleged, and upon information and belief, the defendant
MICHAEL NAJEE RASPALDO-HIGGS operated a motor vehicle bearing the
aforementioned license plate number in the course of his employment with defendant
MAGNA TRUCKING, INC.
17. That at all of the times hereinafter mentioned, the roadway Twentieth Avenue at or near
its intersection with 125th Street, in the County of Queens, City and State of New York
was and still is a public roadway used extensively by the public in general.
18. That on 08/04/2023, at the aforesaid location, motor vehicle bearing the aforementioned
license plate number operated by defendant MICHAEL NAJEE RESPALDO
HIGGS, traveling backwards, came into contact with the front of the vehicle in which
plaintiff was seated.
19. That the aforesaid accident and injuries resulting therefrom were due solely and wholly
as a result of the careless, reckless and negligent manner in which the defendants
owned, operated, maintained, managed and controlled their motor vehicle without this
plaintiff in any way contributing thereto.
20. That by reason of the foregoing and the negligence of the defendants, the plaintiff JOSE
ALFREDO VELEZ, was severely injured, bruised and wounded, suffered, still suffers
and will continue to suffer for some time physical pain and bodily injuries and became
sick, sore, lame and disabled and so remained for a considerable length of time.
21. That by reason of the foregoing, the plaintiff JOSE ALFREDO VELEZ was
compelled to and did necessarily require medical aid and attention, and did necessarily
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pay and become liable therefore for medicines and upon information and belief, the
plaintiff will necessarily incur similar expenses.
22. That by reason of the foregoing, the plaintiff JOSE ALFREDO VELEZ has been
unable to attend to his usual occupation in the manner required.
23. That by reason of the wrongful, negligent and unlawful actions of the defendants, as
aforesaid, the plaintiff JOSE ALFREDO VELEZ sustained serious injuries as defined
in Section 5102 (d) of the Insurance Law of the State of New York, and has sustained
economic loss greater than basic economic loss as defined in Section 5102 of the said
Insurance Law.
24. That one or more of the exceptions of §1602 of the Civil Practice Law and Rules applies
to the within action.
25. That as a result of the foregoing, the plaintiff sustained damages in the sum of TEN
MILLION ($10,000,000.00) DOLLARS.
26. Due to the abovesaid, plaintiff is entitled to damages in the sum which exceeds the
sum or value established by 28 USC §1332(a) exclusive of interest and costs.
WHEREFORE, the plaintiff demands judgment against the defendants in the sum of
TEN MILLION ($10,000,000.00) DOLLARS, together with the costs and disbursements of
this action, and with interest from the date of this accident.
Dated: New York, New York
December 8, 2023
SUBIN ASSOCIATES LLP
BY:
_______________________________
PETER MAY, ESQ.
Attorneys for Plaintiff
150 Broadway – 23rd Fl
New York, New York 10038
(212) 285-3800
FILE NO.: 37357
11
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STATE OF NEW YORK)
) ss
COUNTY OF NEW YORK)
I, the undersigned, an attorney admitted to practice in the courts of New York State, state under
penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I have
read the foregoing SUMMONS AND COMPLAINT and know the contents thereof; the same
is true to my own knowledge, except as to the matters therein stated to be alleged on
information and belief, and as to those matters I believe to be true. The reason this verification
is made by me and not by my client(s), is that my client(s) are not presently in the County
where I maintain my offices. The grounds of my belief as to all matters not stated upon my
own knowledge are the materials in my file and the investigations conducted by my office.
Dated: New York, New York
December 8, 2023
__________________________
PETER MAY, ESQ.
12
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Index No.
SUPREME COURT OF THE START OF NEW YORK
COUNTY OF QUEENS
= = = = = = = = = = = = = = = = = = = = = = = = = = = == = = = =
JOSE ALFREDO VELEZ
Plaintiff,
-against-
MICHAEL NAJEE RASPALDO-HIGGS AND MAGNA TRUCKING, INC.
Defendants.
= = = = = = = = = = = = = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = =
SUMMONS AND VERIFIED COMPLAINT
= = = = = = = = = = = = = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = =
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff
Office and Post Office Address, Telephone
150 Broadway – 23rd Fl
New York, New York 10038
(212) 285-3800
File No.: 37357
13
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------X
JOSE ALFREDO VELEZ,
VERIFIED ANSWER
Plaintiff,
Index No. 726012/2023
-against-
Defendant demands trial by
jury
MICHAEL NAJEE RASPALDO-HIGGS AND MAGNA
TRUCKING, INC.,
Defendants.
----------------------------------------------------------------------X
Defendants Magna Trucking, Inc. and Michael Najee Raspaldo-Higgs, by Smith Mazure,
P.C., upon information and belief, answer the complaint of Plaintiff as follows:
1. Deny any knowledge or information sufficient to form a belief as to the truth of
the allegations contained in the paragraphs of the complaint herein designated as: 1, 2, 3, 8, 9,
10, 13, 14, 15, 16, 17, and 18.
2. Deny any knowledge or information sufficient to form a belief as to the truth of
the allegations contained in the paragraph of the complaint designated 24, and respectfully refers
all questions of law to this Honorable Court
3. Deny each and every allegation contained in all paragraphs of the complaint
herein designated as: 4, 19, 20, 21, 22, 23, 25, and 26.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
That the amount recoverable shall be diminished in the proportion which the culpable
conduct attributable to the plaintiff bears to the culpable conduct which caused the damages,
including, but not limited to, plaintiff's contributory negligence and/or assumption of the risk.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
There is no personal jurisdiction over the defendants as service of process has not been
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personally made within the State of New York nor pursuant to statutory authority.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
The plaintiff did not suffer any serious injury as defined by Section 5102 of the Insurance
Law of the State of New York nor has the plaintiff sustained any economic loss as defined in
Sections 5102 and 5104 of the Insurance Law of the State of New York.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
That in the event plaintiff herein have made a claim for no-fault benefits and have
submitted any dispute they may have had to Arbitration, then the decision of the arbitrator(s) as
to any and all issues decided by said arbitrator(s) shall collaterally estop plaintiff in this lawsuit.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
That the plaintiff was not wearing a seat belt at the time of the alleged occurrence and
accordingly, any award made to and accepted by said plaintiff for injuries set forth in the
complaint must be reduced in such proportion to the extent that the injuries complained of were
caused, aggravated, or contributed to by plaintiff's failure to wear a seat belt and to have same
operational at the time of the occurrence.
WHEREFORE, defendants demand judgment dismissing the complaint of Plaintiff
together with the costs and disbursements of this action.
Dated: New York, New York
January 26, 2024
Yours, etc.,
SMITH MAZURE, P.C.
Attorneys for Defendants
Magna Trucking, Inc. and Michael Najee
Raspaldo-Higgs
39 Broadway, 29th Floor
New York, NY 10006-3053
(516) 414-7400
NIC-01095
2
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TO:
Subin Associates, LLP
Attorney for Plaintiff
Jose Alfredo Velez
150 Broadway, 23rd Floor
New York, NY 10038
(212) 285-3800/(347) 771-8204 (F)
APE/mzr
21
3
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VERIFICATION
Ann P. Eccher, an attorney duly admitted to practice law in the State of New
York, hereby affirms the truth of the following under penalty of perjury and pursuant to CPLR
2106:
I am a member of Smith Mazure, P.C., and I have read the contents of the
foregoing answer and it is true of my own knowledge, except as to the matters therein stated to
be alleged on information and belief and that as to those matters I believe them to be true.
( X ) I make this verification because Defendants, Magna Trucking,
Inc. and Michael Najee Raspaldo-Higgs, reside outside of the
county where Smith Mazure, P.C. maintains its office.
( ) I make this verification because Defendants, Magna Trucking,
Inc. and Michael Najee Raspaldo-Higgs, is a corporation and
Smith Mazure, P.C., is its attorney in this action and my
knowledge is based upon all facts and corporation records
available and in my possession.
Dated: New York, New York
January 26, 2024
Ann P. Eccher
NIC-01095/21
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STATE OF NEW YORK, COUNTY OF NEW YORK ss.:
AFFIDAVIT OF SERVICE BY ELECTRONIC MAIL
Mercedes Reyes, being duly sworn, deposes and says that deponent is employed
by Smith Mazure, P.C., the attorney for Defendants Magna Trucking, Inc. and Michael Najee
Raspaldo-Higgs, is over the age of eighteen, is not a party to this action, and resides at
Woodhaven, NY.
On January 26, 2024, deponent served the within Verified Answer upon:
ALL PARTIES LISTED AS APPEARING ON THE SUPREME COURT, STATE OF
NEW YORK ELECTRONIC FILING WEBSITE VIA ECF and VIA FIRST CLASS
MAIL TO:
Subin Associates, LLP
150 Broadway, 23rd Floor
New York, NY 10038
(212) 285-3800/(347) 771-8204 (F)
the addresses designated by said attorneys for that purpose by depositing a true copy of same
enclosed in a postpaid properly addressed wrapper in - a post office - official depository under
the exclusive care and custody of the United States post office department within the State of
New York.
.
Mercedes Reyes
Sworn to before me
January 26, 2024
NIC-01095/24
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
JOSE ALFREDO VELEZ, INDEX NO. 726012/2023
Plaintiff,
-against-
MICHAEL NAJEE RASPALDO-HIGGS AND MAGNA
TRUCKING, INC.,
Defendants.
VERIFIED ANSWER
SMITH MAZURE, P.C.
Attorneys for Defendants
Magna Trucking, Inc. and Michael Najee Raspaldo-Higgs
39 Broadway, 29th Floor
New York, NY 10006-3053
(516) 414-7400
NIC-01095
CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. §130-1.1a
Ann P. Eccher hereby certifies to the best of the undersigned’s knowledge and information and belief and after an inquiry
reasonable under the circumstances, that, pursuant to 22 N.Y.C.R.R. §130-1.1a-b, (1) the contentions contained in the annexed document are
not frivolous as defined in section 130-1.1(c) of this Subpart, and (2) where the paper is an initiating pleading, (i) the matter was not obtained
through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are not participating in the matter or
sharing in any fee earned there from, and (ii) the matter was not obtained in violation of 22 NYCRR 1200.41-a [DR 7-111].
Dated: New York, New York Ann P. Eccher
January 26, 2024
APE/mzr
21
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Notice for Removal was mailed by first
class mail, postage prepaid and emailed this January 26, 2024, to all counsel of record as
indicated on the service list below.
Ann Eccher
For the Firm
SERVICE LIST
Subin Associates, LLP
150 Broadway, 23rd Floor
New York, NY 10038
(212) 285-3800/(347) 771-8204 (F)
Attorney for Plaintiff
Jose Alfredo Velez
info@subinlaw.com
20 of 23
FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023
JS 44 (Rev.DOC.
NYSCEF 4-29-21 NO. 8 CIVIL COVER SHEET RECEIVED NYSCEF: 01/26/2024
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
JOSE ALFREDO VELEZ MICHAEL NAJEE RASPALDO-HIGGS
MAGNA TRUCKING, INC.,
(b) County of Residence of First Listed Plaintiff Kissimmee, Florida County of Residence of First Listed Defendant Essex County,NewJersey
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Subin Associates, LLP Smith Mazure, P.C.
150 Broadway, 23rd Floor, NY, NY 10038 (212)285-3800 39 Broadway, 29th Fl, NY, NY 10006 (212) 964-7400
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government ✖ 4 Diversity Citizen of Another State X2 ✖ 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III)
___________________________________________________________________________ of Business In Another State
Does this action include a motion for temporary restraining order or order Citizen or Subject of a 3 3 Foreign Nation 6 6
to show cause? Yes___ No___”✔
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Nego
Preview
FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------X JOSE ALFREDO VELEZ, NOTICE OF EFILING OF NOTICE OF REMOVAL Plaintiff, Index No. 726012/2023 -against- MICHAEL NAJEE RASPALDO-HIGGS AND MAGNA TRUCKING, INC., Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE THAT that the above entitled action has been removed to federal court, pursuant to the Notice of Removal filed with the Clerk of the United States District Court for the Eastern District of New York, a true copy of which is attached hereto, and that said matter shall proceed hereafter in the United States District Court for the Eastern District of New York. Dated: New York, New York January 26, 2024 Yours, etc., SMITH MAZURE, P.C. Attorneys for Defendants Magna Trucking, Inc. and Michael Najee Raspaldo-Higgs 39 Broadway, 29th Floor New York, NY 10006-3053 (516) 414-7400 Our File No. NIC-01095 TO: Subin Associates, LLP 150 Broadway, 23rd Floor New York, NY 10038 (212) 285-3800/(347) 771-8204 (F) Attorney for Plaintiff Jose Alfredo Velez APE/mzr 27 1 of 23 FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/26/2024 U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:24-cv-00606 Velez v. Raspaldo-Higgs et al Date Filed: 01/26/2024 Assigned to: Jury Demand: None Demand: $10,000,000,000 Nature of Suit: 350 Motor Vehicle Cause: 28:1442 Notice of Removal Jurisdiction: Diversity Plaintiff Jose Alfredo Velez represented by Jose Alfredo Velez PRO SE V. Defendant Michael Najee Raspaldo-Higgs represented by Ann Patricia Eccher Smith Mazure, P.C. 39 Broadway Ste 29th Floor New York, NY 10006 516-294-7355 Fax: 516-294-7325 Email: aeccher@smithmazure.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Magna Trucking, Inc. represented by Ann Patricia Eccher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 01/26/2024 1 NOTICE OF REMOVAL by Magna Trucking, Inc., Michael Najee Raspaldo-Higgs from Supreme Court of the State of New York, County of Queens, case number 726012/2023. ( Filing fee $ 405 receipt number ANYEDC-17506454) (Attachments: # 1 Exhibit EXHIBIT A - Summons and Complaint and Answer, # 2 Civil Cover Sheet) (Eccher, Ann) (Entered: 01/26/2024) PACER Service Center Transaction Receipt 01/26/2024 16:45:27 PACER Login: anneccher Client Code: Description: Docket Report Search Criteria: 1:24-cv-00606 Billable Pages: 1 Cost: 0.10 2 of 23 FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/26/2024 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------------X JOSE ALFREDO VELEZ, Plaintiff, NOTICE FOR REMOVAL -against- Removed from: Supreme Court of the State of MICHAEL NAJEE RASPALDO-HIGGS AND MAGNA New York, Queens County, TRUCKING, INC., Index No. 726012/2023 Defendants. ----------------------------------------------------------------------X TO: United States District Court Eastern District of New York NOTICE OF REMOVAL Pursuant to 28 U.S.C. §§ 1441 and 1446, and Local Rule 81, Defendants Michael Najee Raspaldo-Higgs and Magna Trucking, Inc. by Smith Mazure, P.C., submit this Notice of Removal from the Supreme Court, State of New York, County of Queens, in which the above- captioned matter is now pending, to the United States District Court for the Eastern District of New York. Pursuant to 28 U.S.C §1446(d) copies of this Notice of Removal are being served on all parties at the address listed in plaintiff’s state court complaint and are being filed in the Supreme Court of the State of New York, County of Queens. In support of said notice, defendant state as follows: Procedural History 1. This suit was commenced by plaintiff in the Supreme Court of the State of New York, County of Queens, with the office of the Queens County Clerk’s Office on December 8, 2023. A copy of plaintiff's Summons and Complaint and defendants’ Answer is annexed, cumulatively, as Exhibit “A”. 3 of 23 FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/26/2024 2. Pursuant to affidavits of service filed by plaintiff’s counsel defendant Michael Najee Raspaldo-Higgs was served on December 18, 2023 and defendant Magna Trucking, Inc. was served on January 3, 2024. 3. As service on defendant Magna Trucking, Inc. occurred less then 30 days ago the time to file this Notice to Remove to this Court has not elapsed. Parties/Diversity Jurisdiction 4. Plaintiff's complaint alleges that plaintiff is a resident of Osceola County, City of Kissimmee, State of Florida. See Exhibit “A.” Thus, plaintiff is a citizen of the State of Florida for diversity purposes. 5. Defendant Magna Trucking, Inc., is a corporation duly-organized and existing under the laws of the State of New Jersey. 6. Defendant Michael Najee Raspaldo-Higgs is a citizen of Essex County, State of New Jersey. 7. Accordingly, this Court possesses jurisdiction over this matter pursuant to 28 U.S.C. § 1332(a)(1) based upon complete diversity of citizenship. Amount in Controversy/Subject Matter Jurisdiction 8. Plaintiff complaint alleges that plaintiff sustained damages in the sum of ten million ($10,000,000) dollars and that he is entitled to damages the sum which exceeds the sum or value established by 28 U.S.C. §1332(a) exclusive of interests and costs. 9. Thus, this Court has subject-matter jurisdiction over this action pursuant to 28 U.S.C. §1332(a)(1) in that it is a civil action between “citizens of different States,” and the matter in controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs. -2- 4 of 23 FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/26/2024 10. Venue is proper pursuant to 28 U.S.C. §1441(a) as the Eastern District is the Federal District Court embracing the place where the state court suit is pending. Procedural Requirements 11. As required by 28 U.S.C. §1446(d), a copy of this Notice of Removal is being served upon plaintiff’s counsel and is being filed with the Clerk of the Court, Supreme Court, County of Queens. WHEREFORE, defendants Magna Trucking, Inc. and Michael Najee Raspaldo-Higgs, requests that this case be removed to the United States District Court, Eastern District of New York, together with such other and further relief as to this Court may seem just, proper and equitable. Dated: New York, New York January 26, 2024 Yours, etc., SMITH MAZURE, P.C. Attorneys for Defendants Magna Trucking, Inc. and Michael Najee Raspaldo-Higgs By: ANN P. ECCHER For the Firm 39 Broadway, 29th Floor New York, NY 10006-3053 (516) 414-7400 Our File No. NIC-01095 TO: Subin Associates, LLP 150 Broadway, 23rd Floor New York, NY 10038 (212) 285-3800/(347) 771-8204 (F) Attorney for Plaintiff Jose Alfredo Velez APE/mzr 28 -3- 5 of 23 FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/26/2024 Exhibit A 6 of 23 FILED: QUEENS COUNTY CLERK 01/26/2024 12/08/2023 04:59 03:23 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 1 RECEIVED NYSCEF: 01/26/2024 12/08/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF QUEENS Date of Purchase: = = = = = = = = = = = = = = = = = = = = = = = = = = =X SUMMONS Plaintiff designates JOSE ALFREDO VELEZ, QUEENS County as the place of trial Plaintiff, The basis of the venue is: Situs of Occurrence -against- County of QUEENS MICHAEL NAJEE RASPALDO-HIGGS AND MAGNA TRUCKING, INC., Defendants. = = = = = = = = = = = = = = = = = = = = = = = = = = =X 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 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 December 8, 2023 SUBIN ASSOCIATES LLP BY: PETER MAY, ESQ. Attorneys for Plaintiff Address and Telephone Number 150 Broadway – 23rd Fl New York, New York 10038 (212) 285-3800 FILE NO.: 37357 Defendants Address: Michael Najee Raspaldo-Higgs 100 S. 16th street East Orange, NJ 07018 Magna Trucking, Inc. 529 St Andrews Pl Manalapan, NJ 07726 71 of of 23 7 FILED: QUEENS COUNTY CLERK 01/26/2024 12/08/2023 04:59 03:23 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 1 RECEIVED NYSCEF: 01/26/2024 12/08/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS = = = = = = = = = = = = = = = = = = = = = = = = = = = =X VERIFIED COMPLAINT JOSE ALFREDO VELEZ Plaintiff, -against- MICHAEL NAJEE RASPALDO-HIGGS AND MAGNA TRUCKING, INC., Defendants. = = = = = = = = = = = = = = = = = = = = = = = = = = = =X Plaintiff JOSE ALFREDO VELEZ, by his attorneys SUBIN ASSOCIATES LLP, complaining of the defendant herein, respectfully shows to this Court and allege(s) as follows: 1. That at all times hereinafter alleged, the plaintiff JOSE ALFREDO VELEZ was a resident of Osceola County, City of Kissimmee, State of Florida. 2. That at all times hereinafter alleged, JOSE ALFREDO VELEZ owned a motor vehicle bearing license plate number CD92AG FL State. 3. That at all times hereinafter alleged, JOSE ALFREDO VELEZ operated a motor vehicle bearing license plate number CD92AG FL State. 4. That at all the times hereinafter alleged, and upon information and belief, the defendant MAGNA TRUCKING, INC. was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 5. That at all times hereinafter alleged, and upon information and belief, the defendant MAGNA TRUCKING, INC. is the titled owner of a motor vehicle bearing license plate number AU834L New Jersey State. 6. That at all times hereinafter alleged, and upon information and belief, the defendant MAGNA TRUCKING, INC. is the registered owner of a motor vehicle bearing license plate number AU834L New Jersey State. 82 of of 23 7 FILED: QUEENS COUNTY CLERK 01/26/2024 12/08/2023 04:59 03:23 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 1 RECEIVED NYSCEF: 01/26/2024 12/08/2023 7. That at all the times hereinafter alleged, and upon information and belief, the defendant MICHAEL NAJEE RASPALDO-HIGGS operated a motor vehicle bearing license plate number AU834L New Jersey State. 8. That at all times hereinafter alleged, and upon information and belief, the defendant MAGNA TRUCKING, INC. maintained the motor vehicle bearing the aforementioned license plate number. 9. That at all times hereinafter alleged, and upon information and belief, the defendant MAGNA TRUCKING, INC. managed the motor vehicle bearing the aforementioned license plate number. 10. That at all times hereinafter alleged, and upon information and belief, the defendant MICHAEL NAJEE RASPALDO-HIGGS controlled the motor vehicle bearing the aforementioned license plate number. 11. That at all times hereinafter alleged, and upon information and belief, the defendant MICHAEL NAJEE RASPALDO-HIGGS operated a motor vehicle bearing the aforementioned license plate number with the knowledge, permission and consent of defendant MAGNA TRUCKING, INC. 12. That at all the times hereinafter alleged, and upon information and belief, the defendant MICHAEL NAJEE RASPALDO-HIGGS operated a motor vehicle bearing the aforementioned license plate number within the scope of the knowledge, permission and consent granted by the defendant MAGNA TRUCKING, INC. 13. That at all times hereinafter alleged, and upon information and belief, the defendant MICHAEL NAJEE RASPALDO-HIGGS controlled a motor vehicle bearing the aforementioned license plate number with the knowledge, permission and consent of defendant MAGNA TRUCKING, INC. 14. That at all the times hereinafter alleged, and upon information and belief, the defendant MICHAEL NAJEE RASPALDO-HIGGS controlled a motor vehicle bearing the 93 of of 23 7 FILED: QUEENS COUNTY CLERK 01/26/2024 12/08/2023 04:59 03:23 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 1 RECEIVED NYSCEF: 01/26/2024 12/08/2023 aforementioned license plate number within the scope of the knowledge, permission and consent granted by the defendant MAGNA TRUCKING, INC. 15. That at all times hereinafter alleged, and upon information and belief, the defendant MICHAEL NAJEE RASPALDO-HIGGS controlled a motor vehicle bearing the aforementioned license plate number in the course of his employment with defendant MAGNA TRUCKING, INC. 16. That at all times hereinafter alleged, and upon information and belief, the defendant MICHAEL NAJEE RASPALDO-HIGGS operated a motor vehicle bearing the aforementioned license plate number in the course of his employment with defendant MAGNA TRUCKING, INC. 17. That at all of the times hereinafter mentioned, the roadway Twentieth Avenue at or near its intersection with 125th Street, in the County of Queens, City and State of New York was and still is a public roadway used extensively by the public in general. 18. That on 08/04/2023, at the aforesaid location, motor vehicle bearing the aforementioned license plate number operated by defendant MICHAEL NAJEE RESPALDO HIGGS, traveling backwards, came into contact with the front of the vehicle in which plaintiff was seated. 19. That the aforesaid accident and injuries resulting therefrom were due solely and wholly as a result of the careless, reckless and negligent manner in which the defendants owned, operated, maintained, managed and controlled their motor vehicle without this plaintiff in any way contributing thereto. 20. That by reason of the foregoing and the negligence of the defendants, the plaintiff JOSE ALFREDO VELEZ, was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled and so remained for a considerable length of time. 21. That by reason of the foregoing, the plaintiff JOSE ALFREDO VELEZ was compelled to and did necessarily require medical aid and attention, and did necessarily 10 4 of 23 7 FILED: QUEENS COUNTY CLERK 01/26/2024 12/08/2023 04:59 03:23 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 1 RECEIVED NYSCEF: 01/26/2024 12/08/2023 pay and become liable therefore for medicines and upon information and belief, the plaintiff will necessarily incur similar expenses. 22. That by reason of the foregoing, the plaintiff JOSE ALFREDO VELEZ has been unable to attend to his usual occupation in the manner required. 23. That by reason of the wrongful, negligent and unlawful actions of the defendants, as aforesaid, the plaintiff JOSE ALFREDO VELEZ sustained serious injuries as defined in Section 5102 (d) of the Insurance Law of the State of New York, and has sustained economic loss greater than basic economic loss as defined in Section 5102 of the said Insurance Law. 24. That one or more of the exceptions of §1602 of the Civil Practice Law and Rules applies to the within action. 25. That as a result of the foregoing, the plaintiff sustained damages in the sum of TEN MILLION ($10,000,000.00) DOLLARS. 26. Due to the abovesaid, plaintiff is entitled to damages in the sum which exceeds the sum or value established by 28 USC §1332(a) exclusive of interest and costs. WHEREFORE, the plaintiff demands judgment against the defendants in the sum of TEN MILLION ($10,000,000.00) DOLLARS, together with the costs and disbursements of this action, and with interest from the date of this accident. Dated: New York, New York December 8, 2023 SUBIN ASSOCIATES LLP BY: _______________________________ PETER MAY, ESQ. Attorneys for Plaintiff 150 Broadway – 23rd Fl New York, New York 10038 (212) 285-3800 FILE NO.: 37357 11 5 of 23 7 FILED: QUEENS COUNTY CLERK 01/26/2024 12/08/2023 04:59 03:23 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 1 RECEIVED NYSCEF: 01/26/2024 12/08/2023 STATE OF NEW YORK) ) ss COUNTY OF NEW YORK) I, the undersigned, an attorney admitted to practice in the courts of New York State, state under penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I have read the foregoing SUMMONS AND COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe to be true. The reason this verification is made by me and not by my client(s), is that my client(s) are not presently in the County where I maintain my offices. The grounds of my belief as to all matters not stated upon my own knowledge are the materials in my file and the investigations conducted by my office. Dated: New York, New York December 8, 2023 __________________________ PETER MAY, ESQ. 12 6 of 23 7 FILED: QUEENS COUNTY CLERK 01/26/2024 12/08/2023 04:59 03:23 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 1 RECEIVED NYSCEF: 01/26/2024 12/08/2023 Index No. SUPREME COURT OF THE START OF NEW YORK COUNTY OF QUEENS = = = = = = = = = = = = = = = = = = = = = = = = = = = == = = = = JOSE ALFREDO VELEZ Plaintiff, -against- MICHAEL NAJEE RASPALDO-HIGGS AND MAGNA TRUCKING, INC. Defendants. = = = = = = = = = = = = = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = SUMMONS AND VERIFIED COMPLAINT = = = = = = = = = = = = = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = SUBIN ASSOCIATES LLP Attorneys for Plaintiff Office and Post Office Address, Telephone 150 Broadway – 23rd Fl New York, New York 10038 (212) 285-3800 File No.: 37357 13 7 of 23 7 FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------X JOSE ALFREDO VELEZ, VERIFIED ANSWER Plaintiff, Index No. 726012/2023 -against- Defendant demands trial by jury MICHAEL NAJEE RASPALDO-HIGGS AND MAGNA TRUCKING, INC., Defendants. ----------------------------------------------------------------------X Defendants Magna Trucking, Inc. and Michael Najee Raspaldo-Higgs, by Smith Mazure, P.C., upon information and belief, answer the complaint of Plaintiff as follows: 1. Deny any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraphs of the complaint herein designated as: 1, 2, 3, 8, 9, 10, 13, 14, 15, 16, 17, and 18. 2. Deny any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraph of the complaint designated 24, and respectfully refers all questions of law to this Honorable Court 3. Deny each and every allegation contained in all paragraphs of the complaint herein designated as: 4, 19, 20, 21, 22, 23, 25, and 26. AS AND FOR A FIRST AFFIRMATIVE DEFENSE: That the amount recoverable shall be diminished in the proportion which the culpable conduct attributable to the plaintiff bears to the culpable conduct which caused the damages, including, but not limited to, plaintiff's contributory negligence and/or assumption of the risk. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: There is no personal jurisdiction over the defendants as service of process has not been 14 of 23 FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/26/2024 personally made within the State of New York nor pursuant to statutory authority. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: The plaintiff did not suffer any serious injury as defined by Section 5102 of the Insurance Law of the State of New York nor has the plaintiff sustained any economic loss as defined in Sections 5102 and 5104 of the Insurance Law of the State of New York. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: That in the event plaintiff herein have made a claim for no-fault benefits and have submitted any dispute they may have had to Arbitration, then the decision of the arbitrator(s) as to any and all issues decided by said arbitrator(s) shall collaterally estop plaintiff in this lawsuit. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: That the plaintiff was not wearing a seat belt at the time of the alleged occurrence and accordingly, any award made to and accepted by said plaintiff for injuries set forth in the complaint must be reduced in such proportion to the extent that the injuries complained of were caused, aggravated, or contributed to by plaintiff's failure to wear a seat belt and to have same operational at the time of the occurrence. WHEREFORE, defendants demand judgment dismissing the complaint of Plaintiff together with the costs and disbursements of this action. Dated: New York, New York January 26, 2024 Yours, etc., SMITH MAZURE, P.C. Attorneys for Defendants Magna Trucking, Inc. and Michael Najee Raspaldo-Higgs 39 Broadway, 29th Floor New York, NY 10006-3053 (516) 414-7400 NIC-01095 2 15 of 23 FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/26/2024 TO: Subin Associates, LLP Attorney for Plaintiff Jose Alfredo Velez 150 Broadway, 23rd Floor New York, NY 10038 (212) 285-3800/(347) 771-8204 (F) APE/mzr 21 3 16 of 23 FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/26/2024 VERIFICATION Ann P. Eccher, an attorney duly admitted to practice law in the State of New York, hereby affirms the truth of the following under penalty of perjury and pursuant to CPLR 2106: I am a member of Smith Mazure, P.C., and I have read the contents of the foregoing answer and it is true of my own knowledge, except as to the matters therein stated to be alleged on information and belief and that as to those matters I believe them to be true. ( X ) I make this verification because Defendants, Magna Trucking, Inc. and Michael Najee Raspaldo-Higgs, reside outside of the county where Smith Mazure, P.C. maintains its office. ( ) I make this verification because Defendants, Magna Trucking, Inc. and Michael Najee Raspaldo-Higgs, is a corporation and Smith Mazure, P.C., is its attorney in this action and my knowledge is based upon all facts and corporation records available and in my possession. Dated: New York, New York January 26, 2024 Ann P. Eccher NIC-01095/21 17 of 23 FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/26/2024 STATE OF NEW YORK, COUNTY OF NEW YORK ss.: AFFIDAVIT OF SERVICE BY ELECTRONIC MAIL Mercedes Reyes, being duly sworn, deposes and says that deponent is employed by Smith Mazure, P.C., the attorney for Defendants Magna Trucking, Inc. and Michael Najee Raspaldo-Higgs, is over the age of eighteen, is not a party to this action, and resides at Woodhaven, NY. On January 26, 2024, deponent served the within Verified Answer upon: ALL PARTIES LISTED AS APPEARING ON THE SUPREME COURT, STATE OF NEW YORK ELECTRONIC FILING WEBSITE VIA ECF and VIA FIRST CLASS MAIL TO: Subin Associates, LLP 150 Broadway, 23rd Floor New York, NY 10038 (212) 285-3800/(347) 771-8204 (F) the addresses designated by said attorneys for that purpose by depositing a true copy of same enclosed in a postpaid properly addressed wrapper in - a post office - official depository under the exclusive care and custody of the United States post office department within the State of New York. . Mercedes Reyes Sworn to before me January 26, 2024 NIC-01095/24 18 of 23 FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS JOSE ALFREDO VELEZ, INDEX NO. 726012/2023 Plaintiff, -against- MICHAEL NAJEE RASPALDO-HIGGS AND MAGNA TRUCKING, INC., Defendants. VERIFIED ANSWER SMITH MAZURE, P.C. Attorneys for Defendants Magna Trucking, Inc. and Michael Najee Raspaldo-Higgs 39 Broadway, 29th Floor New York, NY 10006-3053 (516) 414-7400 NIC-01095 CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. §130-1.1a Ann P. Eccher hereby certifies to the best of the undersigned’s knowledge and information and belief and after an inquiry reasonable under the circumstances, that, pursuant to 22 N.Y.C.R.R. §130-1.1a-b, (1) the contentions contained in the annexed document are not frivolous as defined in section 130-1.1(c) of this Subpart, and (2) where the paper is an initiating pleading, (i) the matter was not obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are not participating in the matter or sharing in any fee earned there from, and (ii) the matter was not obtained in violation of 22 NYCRR 1200.41-a [DR 7-111]. Dated: New York, New York Ann P. Eccher January 26, 2024 APE/mzr 21 19 of 23 FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/26/2024 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Notice for Removal was mailed by first class mail, postage prepaid and emailed this January 26, 2024, to all counsel of record as indicated on the service list below. Ann Eccher For the Firm SERVICE LIST Subin Associates, LLP 150 Broadway, 23rd Floor New York, NY 10038 (212) 285-3800/(347) 771-8204 (F) Attorney for Plaintiff Jose Alfredo Velez info@subinlaw.com 20 of 23 FILED: QUEENS COUNTY CLERK 01/26/2024 04:59 PM INDEX NO. 726012/2023 JS 44 (Rev.DOC. NYSCEF 4-29-21 NO. 8 CIVIL COVER SHEET RECEIVED NYSCEF: 01/26/2024 The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS JOSE ALFREDO VELEZ MICHAEL NAJEE RASPALDO-HIGGS MAGNA TRUCKING, INC., (b) County of Residence of First Listed Plaintiff Kissimmee, Florida County of Residence of First Listed Defendant Essex County,NewJersey (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) Subin Associates, LLP Smith Mazure, P.C. 150 Broadway, 23rd Floor, NY, NY 10038 (212)285-3800 39 Broadway, 29th Fl, NY, NY 10006 (212) 964-7400 II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State 2 U.S. Government ✖ 4 Diversity Citizen of Another State X2 ✖ 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) ___________________________________________________________________________ of Business In Another State Does this action include a motion for temporary restraining order or order Citizen or Subject of a 3 3 Foreign Nation 6 6 to show cause? Yes___ No___”✔ Foreign Country IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a)) 140 Nego