Preview
FILED: BRONX COUNTY CLERK 02/02/2024 10:18 AM INDEX NO. 801896/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
========================================X
JONAS DEJESUS HIERRO,
Index No:
Plaintiff, Date Filed:
Plaintiff designates
BRONX County as
-against- the place of trial
The basis of venue is
HUB TRUCK RENTAL CORP., NEBRASKALAND, PLAINTIFF'S
INC., and CARLOS OLIVENCIA, RESIDENCE
SUMMONS
Defendants,
Plaintiff resides at
1104 Manor Ave, Apt.3F
Bronx, New York 10472
===============================X
TO THE ABOVE NAMED DEFENDANTS:
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 twenty (20) days after 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 ofNew York); and in case of your failure to appear
or answer, judgment will be taken against you by default for the relief demanded in the complaint.
Dated: February 1, 2024
New York, New York
Yours, etc.,
Defendant(s) address(es):
HECHT, KLEE ER & DAMASHEK, P.C.
By: "
ERIC GOLDMAN, ESQ.
Attorneys for Plaintiff
(SEE ATTACHED 19 West 44th Street - Suite 1500
RIDER)
New York, NY 10036
(212) 490-5700
THIS ACTION IS NOT BASED UPON A CONSUMER CREDIT TRANSACTION
THIS ACTION SEEKS RECOVERY FOR PERSONAL INJURY
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RIDER:
Defendant(s) Address(es):
HUB TRUCK RENTAL CORP.
94 Gazza Blvd.,
Farmingdale, NY, 11735
HUB TRUCK RENTAL CORP.
Via Secretary of State
NEBRASKALAND, INC
Hunts Point Cooperative Market,
Bronx, NY 10474
NEBRASKALAND, INC
Via Secretary of State
Hunts Point Cooperative Market,
Bronx, NY 10474
CARLOS JR OLIVENCIA
1515 Dwight PL #2R
Bronx, NY 10465
PLEASE FORWARD THIS TO YOUR INSURANCE COMPANY
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
X
JONAS DEJESUS HIERRO,
Plaintiff, VERIFIED
COMPLAINT
-against-
Index No.:
HUB TRUCK RENTAL CORP., NEBRASKALAND
INC., and CARLOS OLIVENCIA,
Defendants,
X
Plaintiff, by his attorneys HECHT, KLEEGER & DAMASHEK, P.C., complaining of the
defendants, respectfully sets forth and alleges upon information and belief, as follows:
1. At all times hereinafter mentioned, the plaintiff JONAS DEJESUS HIERRO
(hereinafter "plaintiff") was, and still is, a resident of the State of New York.
2. At all times hereinafter mentioned, the defendant HUB TRUCK RENTAL CORP
(hereinafter "HUB TRUCK CORP") was, and still is, a foreign corporation doing business in the
State of New York pursuant to the laws of the State of New York.
3. At all times hereinafter mentioned, the defendant HUB TRUCK CORP., was and still
is, a partnership which maintained an office in the State of New York.
4. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, was, and
still is, a domestic business corporation doing business in the State of New York pursuant to the
laws of the State of New York.
5. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, was, and
still is, a sole proprietorship which maintained an office in the State of New York.
6. That all times hereinafter mentioned, the defendant HUB TRUCK CORP, was
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doing business in the State of New York, pursuant to the laws of the State of New York.
7. At all times hereinafter mentioned, the defendant NEBRASKALAND INC,
(hereinafter "NEBRASKALAND") was, and still is, a domestic business corporation doing
business in the State of New York pursuant to the laws of the State of New York.
8. At all times hereinafter mentioned, the defendant NEBRASKALAND was, and still
is, a partnership which maintained an office in the State of New York.
9. At all times hereinafter mentioned, the defendant NEBRASKALAND, was, and
still is, a sole proprietorship which maintained an office in the State of New York.
10. That all times hereinafter mentioned, the defendant NEBRASKALAND, was doing
business in the State of New York, pursuant to the laws of the State of New York.
11. At all times hereinafter mentioned, the defendant CARLOS OLIVENCIA
(hereinafter "OLIVENCIA") was, and still is, a resident of the State of New York.
12. At all times hereinafter mentioned, plaintiff owned, operated, and controlled a 2005
TOYOTA bearing the New York State license plate number KYF3062 (hereinafter "plaintiff's
vehicle").
13. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, was the
owner of a 2019 HINO truck bearing the New York State license plate number 76872PC.
14. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, operated a
2019 HINO truck bearing the New York State license plate number 76872PC.
15. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, controlled a
2019 HINO truck bearing the New York State license plate number 76872PC.
16. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, maintained
a 2019 HINO truck bearing the New York State license plate number 76872PC.
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17. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, inspected a
2019 HINO truck bearing the New York State license plate number 76872PC.
18. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, rented a
2019 HINO truck bearing the New York State license plate number 76872PC.
19. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, was the
lessor of a 2019 HINO truck bearing the New York State license plate number 76872PC.
20. At all times hereinafter mentioned, the defendant NEBRASKALAND, was the owner
of a 2019 HINO truck bearing the New York State license plate number 76872PC.
21. At all times hereinafter mentioned, the defendant NEBRASKALAND, operated a
2019 HINO truck bearing the New York State license plate number 76872PC.
22. At all times hereinafter mentioned, the defendant NEBRASKALAND, controlled the
2019 HINO truck bearing the New York State license plate number 76872PC.
23. At all times hereinafter mentioned, the defendant NEBRASKALAND, maintained a
2019 HINO truck bearing the New York State license plate number 76872PC.
24. At all times hereinafter mentioned, the defendant NEBRASKALAND inspected a
2019 HINO truck bearing the New York State license plate number 76872PC.
25. At all times hereinafter mentioned, the defendant NEBRASKALAND rented a 2019
HINO truck bearing the New York State license plate number 76872PC.
26. At all times hereinafter mentioned, the defendant NEBRASKALAND leased a 2019
HINO truck bearing the New York State license plate number 76872PC.
27. At all times hereinafter mentioned, the defendant NEBRASKALAND rented a 2019
HINO truck bearing the New York State license plate number 76872PC from defendant HUB
TRUCK CORP.
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28. At all times hereinafter mentioned, the defendant NEBRASKALAND leased a 2019
HINO truck bearing the New York State license plate number 76872PC from Defendant HUB
TRUCK CORP.
29. At all times hereinafter mentioned, the defendant OLIVENCIA, was the owner of a
2019 HINO truck bearing the New York State license plate number 76872PC.
30. At all times hereinafter mentioned, the defendant OLIVENCIA, was the operator of
a 2019 HINO truck bearing the New York State license plate number 76872PC.
31. At all times hereinafter mentioned, the defendant OLIVENCIA, controlled a 2019
HINO truck bearing the New York State license plate number 76872PC.
32. At all times hereinafter mentioned, the defendant OLIVENCIA, maintained a 2019
HINO truck bearing the New York State license plate number 76872PC.
33. At all times hereinafter mentioned, the defendant OLIVENCIA inspected a 2019
HINO truck bearing the New York State license plate number 76872PC.
34. At all times hereinafter mentioned, the defendant OLIVENCIA rented a 2019 HINO
truck bearing the New York State license plate number 76872PC.
35. At all times hereinafter mentioned, the defendant OLIVENCIA leased a 2019 HINO
truck bearing the New York State license plate number 76872PC.
36. At all times hereinafter mentioned, the defendant OLIVENCIA rented a 2019 HINO
truck bearing the New York State license plate number 76872PC from defendant HUB TRUCK
CORP.
37. At all times hereinafter mentioned, the defendant OLIVENCIA leased a 2019 HINO
truck bearing the New York State license plate number 76872PC from Defendant HUB TRUCK
CORP.
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38. At all times hereinafter mentioned, the defendant OLIVENCIA, operated said 2019
HINO truck with the permission and consent, both expressed and implied, of defendant HUB
TRUCK CORP.
39. At all times hereinafter mentioned, the defendant OLIVENCIA, operated said 2019
HINO truck with the permission and consent, both expressed and implied, of defendant
NEBRASKALAND.
40. At all times hereinafter mentioned, defendant OLIVENCIA was employed by
defendant HUB TRUCK CORP.
41. At all times hereinafter mentioned, defendant OLIVENCIA was operating the vehicle
during the course of his employment with defendant HUB TRUCK CORP.
42. At all times hereinafter mentioned, defendant OLIVENCIA was operating the
aforementioned vehicle for the business purposes of defendant HUB TRUCK CORP.
43. At all times hereinafter mentioned, defendant OLIVENCIA was employed by
defendant NEBRASKALAND.
44. At all times hereinafter mentioned, defendant OLIVENCIA was operating the vehicle
during the course of his employment with defendant NEBRASKALAND.
45. At all times hereinafter mentioned, defendant OLIVENCIA was operating the
aforementioned vehicle for the business purposes of defendant NEBRASKALAND.
46. Upon information and belief, on or about August 31, 2022, at approximately 1:54
P.M., the defendants operated and controlled the aforementioned 2019 HINO truck in the vicinity
of White Plains Rd. & Bruckner Blvd., in the City and State of New York, County of BRONX.
47. That on or about August 31, 2022, at approximately 1:54 P.M., the defendant
OLIVENCIA was operating the aforementioned vehicle under his control with permission and
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consent, both express and implied of defendant HUB TRUCK CORP at or about White Plains Rd.
defendants'
& Bruckner Blvd, in the City and State of New York, County of BRONX, when
vehicle struck plaintiff's vehicle.
48. That on or about August 31, 2022, at approximately 1:54 P.M., the defendant
OLIVENCIA was operating the aforementioned vehicle under his control with permission and
consent, both express and implied of defendant NEBRASKALAND at or about White Plains Rd. &
defendants'
Bruckner Blvd, in the City and State of New York, County of BRONX, when vehicle
collided with plaintiff's vehicle.
49. Upon information and belief, the aforementioned accident was proximately caused by
the negligence, carelessness, and recklessness, gross recklessness, and gross negligence of the
defendants'
defendants in the ownership, operation and control of the aforementioned vehicle,
without any negligence on the part of the plaintiff contributing thereto.
50. Upon information and belief, as a proximate result of the negligence, carelessness,
and recklessness of the defendants, the plaintiff has been caused to suffer severe physical and
emotional injuries, all of which are believed to be permanent and continuing in nature, duration, and
effect, has incurred medical and other expense, has been unable to pursue his usual vocations, and
has suffered and will continue to suffer from severe physical and emotional pain, all to his great
detriment and damage.
51. Upon information and belief, by reason of the foregoing, the plaintiff has sustained a
serious injury as defined by Section 5102 of the Insurance Law of the State of New York, and/or
economic loss greater than basic economic loss as defined by Section 5102 of the Insurance Law of
the State of New York.
person"
52. Upon information and belief, the plaintiff is a "covered as defined by Section
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5102 of the Insurance Law of the State of New York.
53. Upon information and belief, the limitations on liability set forth in Article 16 of
the New York Civil Practice Law and Rules do not apply since the plaintiff's action falls within
the exemption set forth in subdivision (6).
54. By reason of the foregoing, the plaintiff is entitled to compensatory damages from the
defendants in a sum which exceeds the jurisdictional limits of all lower Courts which might
otherwise have jurisdiction, and is further entitled to punitive and/or exemplary damages in a sum
which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
WHEREF ORE, the plaintiff demands judgment as against the defendants in the sum which
exceeds the jurisdictional limits of all lower Courts which might otherwise have jurisdiction, and is
further entitled to punitive and/or exemplary damages in a sum which exceeds the jurisdictional limits
of all lower courts which would otherwise have jurisdiction.
Dated: February 2, 2024
New York, New York
Yours, etc.,
HECHT, KLEEGER & DAMASHEK, P.C.
By:
ERIC GOLDMAN, ESQ.
Attorneys for Plaintiff
19 West 44th Street-Suite 1500
New York, NY 10036
(212) 490-5700
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ATTORNEY VERIFICATION
STATE OF NEW YORK }
{ss.:
COUNTY OF NEW YORK }
ERIC GOLDMAN, ESQ., an attorney duly admitted to practice law before the Courts of the
State of New York, affirms the truth of the following matters under penalty of perjury:
I am a member of the law firm HECHT, KLEEGER & DAMASHEK, P.C., attorneys for the
plaintiff in the within action, and as such am fully familiar with facts and circumstances constituting
the within action.
I have read the foregoing COMPLAINT and know the contents thereof to be true to my own
knowledge, except as to those matters alleged therein as upon information and belief, and as to those
matters I believe them to be true.
The sources of my belief as those matters alleged as upon information and belief are as
follows: conversations with my client, investigation, research, and review of the file in this matter.
The reason that this verification is being made by me and not the plaintiff personally is that
plaintiff is presently not within the county where I maintain my office for the practice of law.
Dated: February 1, 2024
New York, New York
ERIC GOLDMAN, ESQ.
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FILED: BRONX COUNTY CLERK 02/02/2024 10:18 AM INDEX NO. 801896/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ========================================X JONAS DEJESUS HIERRO, Index No: Plaintiff, Date Filed: Plaintiff designates BRONX County as -against- the place of trial The basis of venue is HUB TRUCK RENTAL CORP., NEBRASKALAND, PLAINTIFF'S INC., and CARLOS OLIVENCIA, RESIDENCE SUMMONS Defendants, Plaintiff resides at 1104 Manor Ave, Apt.3F Bronx, New York 10472 ===============================X TO THE ABOVE NAMED DEFENDANTS: 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 twenty (20) days after 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 ofNew York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: February 1, 2024 New York, New York Yours, etc., Defendant(s) address(es): HECHT, KLEE ER & DAMASHEK, P.C. By: " ERIC GOLDMAN, ESQ. Attorneys for Plaintiff (SEE ATTACHED 19 West 44th Street - Suite 1500 RIDER) New York, NY 10036 (212) 490-5700 THIS ACTION IS NOT BASED UPON A CONSUMER CREDIT TRANSACTION THIS ACTION SEEKS RECOVERY FOR PERSONAL INJURY 1 of 10 FILED: BRONX COUNTY CLERK 02/02/2024 10:18 AM INDEX NO. 801896/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2024 RIDER: Defendant(s) Address(es): HUB TRUCK RENTAL CORP. 94 Gazza Blvd., Farmingdale, NY, 11735 HUB TRUCK RENTAL CORP. Via Secretary of State NEBRASKALAND, INC Hunts Point Cooperative Market, Bronx, NY 10474 NEBRASKALAND, INC Via Secretary of State Hunts Point Cooperative Market, Bronx, NY 10474 CARLOS JR OLIVENCIA 1515 Dwight PL #2R Bronx, NY 10465 PLEASE FORWARD THIS TO YOUR INSURANCE COMPANY 2 of 10 FILED: BRONX COUNTY CLERK 02/02/2024 10:18 AM INDEX NO. 801896/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X JONAS DEJESUS HIERRO, Plaintiff, VERIFIED COMPLAINT -against- Index No.: HUB TRUCK RENTAL CORP., NEBRASKALAND INC., and CARLOS OLIVENCIA, Defendants, X Plaintiff, by his attorneys HECHT, KLEEGER & DAMASHEK, P.C., complaining of the defendants, respectfully sets forth and alleges upon information and belief, as follows: 1. At all times hereinafter mentioned, the plaintiff JONAS DEJESUS HIERRO (hereinafter "plaintiff") was, and still is, a resident of the State of New York. 2. At all times hereinafter mentioned, the defendant HUB TRUCK RENTAL CORP (hereinafter "HUB TRUCK CORP") was, and still is, a foreign corporation doing business in the State of New York pursuant to the laws of the State of New York. 3. At all times hereinafter mentioned, the defendant HUB TRUCK CORP., was and still is, a partnership which maintained an office in the State of New York. 4. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, was, and still is, a domestic business corporation doing business in the State of New York pursuant to the laws of the State of New York. 5. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, was, and still is, a sole proprietorship which maintained an office in the State of New York. 6. That all times hereinafter mentioned, the defendant HUB TRUCK CORP, was 3 of 10 FILED: BRONX COUNTY CLERK 02/02/2024 10:18 AM INDEX NO. 801896/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2024 doing business in the State of New York, pursuant to the laws of the State of New York. 7. At all times hereinafter mentioned, the defendant NEBRASKALAND INC, (hereinafter "NEBRASKALAND") was, and still is, a domestic business corporation doing business in the State of New York pursuant to the laws of the State of New York. 8. At all times hereinafter mentioned, the defendant NEBRASKALAND was, and still is, a partnership which maintained an office in the State of New York. 9. At all times hereinafter mentioned, the defendant NEBRASKALAND, was, and still is, a sole proprietorship which maintained an office in the State of New York. 10. That all times hereinafter mentioned, the defendant NEBRASKALAND, was doing business in the State of New York, pursuant to the laws of the State of New York. 11. At all times hereinafter mentioned, the defendant CARLOS OLIVENCIA (hereinafter "OLIVENCIA") was, and still is, a resident of the State of New York. 12. At all times hereinafter mentioned, plaintiff owned, operated, and controlled a 2005 TOYOTA bearing the New York State license plate number KYF3062 (hereinafter "plaintiff's vehicle"). 13. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, was the owner of a 2019 HINO truck bearing the New York State license plate number 76872PC. 14. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, operated a 2019 HINO truck bearing the New York State license plate number 76872PC. 15. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, controlled a 2019 HINO truck bearing the New York State license plate number 76872PC. 16. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, maintained a 2019 HINO truck bearing the New York State license plate number 76872PC. 4 of 10 FILED: BRONX COUNTY CLERK 02/02/2024 10:18 AM INDEX NO. 801896/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2024 17. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, inspected a 2019 HINO truck bearing the New York State license plate number 76872PC. 18. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, rented a 2019 HINO truck bearing the New York State license plate number 76872PC. 19. At all times hereinafter mentioned, the defendant HUB TRUCK CORP, was the lessor of a 2019 HINO truck bearing the New York State license plate number 76872PC. 20. At all times hereinafter mentioned, the defendant NEBRASKALAND, was the owner of a 2019 HINO truck bearing the New York State license plate number 76872PC. 21. At all times hereinafter mentioned, the defendant NEBRASKALAND, operated a 2019 HINO truck bearing the New York State license plate number 76872PC. 22. At all times hereinafter mentioned, the defendant NEBRASKALAND, controlled the 2019 HINO truck bearing the New York State license plate number 76872PC. 23. At all times hereinafter mentioned, the defendant NEBRASKALAND, maintained a 2019 HINO truck bearing the New York State license plate number 76872PC. 24. At all times hereinafter mentioned, the defendant NEBRASKALAND inspected a 2019 HINO truck bearing the New York State license plate number 76872PC. 25. At all times hereinafter mentioned, the defendant NEBRASKALAND rented a 2019 HINO truck bearing the New York State license plate number 76872PC. 26. At all times hereinafter mentioned, the defendant NEBRASKALAND leased a 2019 HINO truck bearing the New York State license plate number 76872PC. 27. At all times hereinafter mentioned, the defendant NEBRASKALAND rented a 2019 HINO truck bearing the New York State license plate number 76872PC from defendant HUB TRUCK CORP. 5 of 10 FILED: BRONX COUNTY CLERK 02/02/2024 10:18 AM INDEX NO. 801896/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2024 28. At all times hereinafter mentioned, the defendant NEBRASKALAND leased a 2019 HINO truck bearing the New York State license plate number 76872PC from Defendant HUB TRUCK CORP. 29. At all times hereinafter mentioned, the defendant OLIVENCIA, was the owner of a 2019 HINO truck bearing the New York State license plate number 76872PC. 30. At all times hereinafter mentioned, the defendant OLIVENCIA, was the operator of a 2019 HINO truck bearing the New York State license plate number 76872PC. 31. At all times hereinafter mentioned, the defendant OLIVENCIA, controlled a 2019 HINO truck bearing the New York State license plate number 76872PC. 32. At all times hereinafter mentioned, the defendant OLIVENCIA, maintained a 2019 HINO truck bearing the New York State license plate number 76872PC. 33. At all times hereinafter mentioned, the defendant OLIVENCIA inspected a 2019 HINO truck bearing the New York State license plate number 76872PC. 34. At all times hereinafter mentioned, the defendant OLIVENCIA rented a 2019 HINO truck bearing the New York State license plate number 76872PC. 35. At all times hereinafter mentioned, the defendant OLIVENCIA leased a 2019 HINO truck bearing the New York State license plate number 76872PC. 36. At all times hereinafter mentioned, the defendant OLIVENCIA rented a 2019 HINO truck bearing the New York State license plate number 76872PC from defendant HUB TRUCK CORP. 37. At all times hereinafter mentioned, the defendant OLIVENCIA leased a 2019 HINO truck bearing the New York State license plate number 76872PC from Defendant HUB TRUCK CORP. 6 of 10 FILED: BRONX COUNTY CLERK 02/02/2024 10:18 AM INDEX NO. 801896/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2024 38. At all times hereinafter mentioned, the defendant OLIVENCIA, operated said 2019 HINO truck with the permission and consent, both expressed and implied, of defendant HUB TRUCK CORP. 39. At all times hereinafter mentioned, the defendant OLIVENCIA, operated said 2019 HINO truck with the permission and consent, both expressed and implied, of defendant NEBRASKALAND. 40. At all times hereinafter mentioned, defendant OLIVENCIA was employed by defendant HUB TRUCK CORP. 41. At all times hereinafter mentioned, defendant OLIVENCIA was operating the vehicle during the course of his employment with defendant HUB TRUCK CORP. 42. At all times hereinafter mentioned, defendant OLIVENCIA was operating the aforementioned vehicle for the business purposes of defendant HUB TRUCK CORP. 43. At all times hereinafter mentioned, defendant OLIVENCIA was employed by defendant NEBRASKALAND. 44. At all times hereinafter mentioned, defendant OLIVENCIA was operating the vehicle during the course of his employment with defendant NEBRASKALAND. 45. At all times hereinafter mentioned, defendant OLIVENCIA was operating the aforementioned vehicle for the business purposes of defendant NEBRASKALAND. 46. Upon information and belief, on or about August 31, 2022, at approximately 1:54 P.M., the defendants operated and controlled the aforementioned 2019 HINO truck in the vicinity of White Plains Rd. & Bruckner Blvd., in the City and State of New York, County of BRONX. 47. That on or about August 31, 2022, at approximately 1:54 P.M., the defendant OLIVENCIA was operating the aforementioned vehicle under his control with permission and 7 of 10 FILED: BRONX COUNTY CLERK 02/02/2024 10:18 AM INDEX NO. 801896/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2024 consent, both express and implied of defendant HUB TRUCK CORP at or about White Plains Rd. defendants' & Bruckner Blvd, in the City and State of New York, County of BRONX, when vehicle struck plaintiff's vehicle. 48. That on or about August 31, 2022, at approximately 1:54 P.M., the defendant OLIVENCIA was operating the aforementioned vehicle under his control with permission and consent, both express and implied of defendant NEBRASKALAND at or about White Plains Rd. & defendants' Bruckner Blvd, in the City and State of New York, County of BRONX, when vehicle collided with plaintiff's vehicle. 49. Upon information and belief, the aforementioned accident was proximately caused by the negligence, carelessness, and recklessness, gross recklessness, and gross negligence of the defendants' defendants in the ownership, operation and control of the aforementioned vehicle, without any negligence on the part of the plaintiff contributing thereto. 50. Upon information and belief, as a proximate result of the negligence, carelessness, and recklessness of the defendants, the plaintiff has been caused to suffer severe physical and emotional injuries, all of which are believed to be permanent and continuing in nature, duration, and effect, has incurred medical and other expense, has been unable to pursue his usual vocations, and has suffered and will continue to suffer from severe physical and emotional pain, all to his great detriment and damage. 51. Upon information and belief, by reason of the foregoing, the plaintiff has sustained a serious injury as defined by Section 5102 of the Insurance Law of the State of New York, and/or economic loss greater than basic economic loss as defined by Section 5102 of the Insurance Law of the State of New York. person" 52. Upon information and belief, the plaintiff is a "covered as defined by Section 8 of 10 FILED: BRONX COUNTY CLERK 02/02/2024 10:18 AM INDEX NO. 801896/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2024 5102 of the Insurance Law of the State of New York. 53. Upon information and belief, the limitations on liability set forth in Article 16 of the New York Civil Practice Law and Rules do not apply since the plaintiff's action falls within the exemption set forth in subdivision (6). 54. By reason of the foregoing, the plaintiff is entitled to compensatory damages from the defendants in a sum which exceeds the jurisdictional limits of all lower Courts which might otherwise have jurisdiction, and is further entitled to punitive and/or exemplary damages in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREF ORE, the plaintiff demands judgment as against the defendants in the sum which exceeds the jurisdictional limits of all lower Courts which might otherwise have jurisdiction, and is further entitled to punitive and/or exemplary damages in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. Dated: February 2, 2024 New York, New York Yours, etc., HECHT, KLEEGER & DAMASHEK, P.C. By: ERIC GOLDMAN, ESQ. Attorneys for Plaintiff 19 West 44th Street-Suite 1500 New York, NY 10036 (212) 490-5700 9 of 10 FILED: BRONX COUNTY CLERK 02/02/2024 10:18 AM INDEX NO. 801896/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2024 ATTORNEY VERIFICATION STATE OF NEW YORK } {ss.: COUNTY OF NEW YORK } ERIC GOLDMAN, ESQ., an attorney duly admitted to practice law before the Courts of the State of New York, affirms the truth of the following matters under penalty of perjury: I am a member of the law firm HECHT, KLEEGER & DAMASHEK, P.C., attorneys for the plaintiff in the within action, and as such am fully familiar with facts and circumstances constituting the within action. I have read the foregoing COMPLAINT and know the contents thereof to be true to my own knowledge, except as to those matters alleged therein as upon information and belief, and as to those matters I believe them to be true. The sources of my belief as those matters alleged as upon information and belief are as follows: conversations with my client, investigation, research, and review of the file in this matter. The reason that this verification is being made by me and not the plaintiff personally is that plaintiff is presently not within the county where I maintain my office for the practice of law. Dated: February 1, 2024 New York, New York ERIC GOLDMAN, ESQ. 10 of 10