Preview
FILED: ULSTER COUNTY CLERK 02/21/2024 01:50 PM INDEX NO. EF2024-503
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024
SUPREME COURT OF THE STATE OF Index No.:
NEW YORK COUNTY OF ULSTER Date Purchased:
~~-~~~-~~~~~~~~~~~~~---~~~~~~~~-X SUMMONS
ALFONSO GERMAN ORTIZ-SANTOS,
Plaintiffs designate Ulster
Plaintiff(s), as the place of trial.
County
- against - The basis of venue is:
location of accident:
THE HANOVER INSURANCE GROUP, 328 Circle Drive, Hurley, New
York, County of Ulster
Defendant(s).
----~~~~~~~~~~~~~~~~~~-~~~~~~~~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 days after the service of
twenty
this summons, exclusive of the day of service, where service is made by delivery upon you
personally within the state, or, within 30 days after completion of service where service is
made in any other manner. In case of your failure to appear or answer, judgment will be
taken against you by default for the relief demanded in the complaint.
Dated: Kingston, New York
February 21, 2024
ALEXANDER E. MAINETTI, ESQ.
MAINETTI & MAINETTI, P.C.
Attorneys for Plaintiff(s)
130 N. Front Street
Kingston, New York 12401
(845) 600-0000
To: THE HANOVER INSURANCE GROUP
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FILED: ULSTER COUNTY CLERK 02/21/2024 01:50 PM INDEX NO. EF2024-503
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024
SUPREME COURT OF THE STATE OF Index No.:
NEW YORK COUNTY OF ULSTER Date Purchased:
-~~~~~~~~--~~~~~~----~~~~~~-----X
ALFONSO GERMAN ORTIZ-SANTOS, VERIFIED
COMPLAINT
Plaintiff(s),
- against -
THE HANOVER INSURANCE GROUP,
Defendant(s).
~~~~~~_____--~~~~~~~~~~~~~~Ç
Plaintiff, ALFONSO GERMAN ORTIZ-SANTOS, by his attorneys, MAINETTI 82
MAINETTI, P.C., of the Defendant, alleges as follows, upon
complaining respectfully
information and belief:
AS AND FOR A FIRST CAUSE OF ACTION
1. At all times herein mentioned, Plaintiff ALFONSO GERMAN ORTIZ-SANTOS
was, and still is, a resident of the County of Ulster, State of New York.
2. That at all times hereinafter mentioned and upon information and belief, the
Defendant, THE HANOVER INSURANCE GROUP, was an insurance company
duly organized and existing under and by virtue of the Laws of the State of New York.
3. Upon information and belief, at all times hereinafter mentioned, the Defendant, THE
HANOVER INSURANCE GROUP, was and still is a foreign corporation duly
authorized to do business within the State of New York.
4. That at all times hereinafter mentioned, upon information and belief, the Defendant,
THE HANOVER INSURANCE GROUP, was and still is an authorized foreign
corporation doing business within the State of New York.
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FILED: ULSTER COUNTY CLERK 02/21/2024 01:50 PM INDEX NO. EF2024-503
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024
5. That at all times hereinafter mentioned, upon information and belief, the Defendant
THE HANOVER INSURANCE GROUP, was and still is a business entity doing
business in the State of New York.
6. That at all times hereinafter mentioned, upon information and belief, the Defendant
THE HANOVER INSURANCE GROUP, contracted to supply goods and/or
services within the State of New York.
7. That heretofore and on or about January 3, 2021, the Plaintiff, ALFONSO GERMAN
ORTIZ-SANTOS, was a motorist insured the defendant insurance company
by
THE HANOVER INSURANCE GROUP.
8. That the Defendant, THE HANOVER INSURANCE GROUP,issuedinexchange
for a valuable consideration, a policy of automobile insurance to Plaintiff, unde1
number: A376887, which provided insurance benefits to the Plaintiff, and said
policy
policy was in full force and effect at all material and relevant times herein.
9. That THE HANOVER INSURANCE served as an under-
Defendant, GROUP,
insured motorist carrier for the plaintiff at the time of the accident complained of
herein.
10. That on 3, 2021, Plaintiff, while the vehicle insured Defendant
January operating by
insurance company, THEHANOVER INSURANCE GROUP, which was provided
with supplementary under insuredmotorist coverage, was involvedin a motor vehicle
accident with Laura Koury and was injured therein.
11. That the Plaintiff, ALFONSO GERMAN ORTIZ-SANTOS, sustained injuries that
exceeded the policy limits of the motor vehicle.
offending
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FILED: ULSTER COUNTY CLERK 02/21/2024 01:50 PM INDEX NO. EF2024-503
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024
12. Prior to the date hereof and with the consent of Defendant herein, Plaintiff settled an
action brought against Laura for the maximum insurance coverage available
Koury
to said Laura Koury.
13. That Defendant insurance company, THE HANOVER INSURANCE GROUP,
breached their contractual to compensate the plaintiff for injuries pursuant to
duty
the terms of the insurance in place at the time of the within accident.
policy
14. That Plaintiff ALFONSO GERMAN ORTIZ-SANTOS, sustained serious injuries
as defined by §5102(d) of the Insurance Law of the State of New York under all
categories.
15. That the Plaintiff seeks recovery against THE HANOVER INSURANCE GROUP
under the under insured provisions of such policy.
16. That the damages sustained by the Plaintiff, ALFONSO GERMAN
ORTIZ-SANTOS, exceed the compensatory sum received to date hereof.
WHEREFORE, plaintiff demands judgement against the defendant in a sum which
exceeds the jurisdictionallimits of alllower courts which otherwise might have jurisdiction
in this matter, all together with the costs and disbursements of this action and such other
and further relief as the court may deem just and proper.
Dated: Kingston, New York
February 21, 2024
Yours, etc.
ALEXANDER E. MAINETTI, ESQ.
MAINETTI & MAINETTI, P.C.
Attorneys for Plaintiff
130 N. Front Street
Kingston, New York 12401
(845) 600-0000
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FILED: ULSTER COUNTY CLERK 02/21/2024 01:50 PM INDEX NO. EF2024-503
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024
SUPREME COURT OF THE STATE OF
NEW YORK COUNTY OF ULSTER Index No.:
-----~~~--~~~--------~~~~~-~~-~~~~-~~Ç
ALFONSO GERMAN ORTIZ-SANTOS,
ATTORNEY
Plaintiff(s), VERIFICATION
- against -
THE HANOVER INSURANCE GROUP,
Defendant(s).
~~~----------------------------~~~-~~~~---~Ç
ALEXANDER E. MAINETTI, Esq., an attorney duly admitted to practice law in the
State of New York, makes the following affirmation under the penalty of perjury:
I am a Partner of the firm of MAINETTI 8t MAINETTI, P.C., the attorneys of record
for the plaintiff.
I have read the foregoing
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 that as to those matters, I believe them to be true.
This verificationis made by affirmant and not by plaintiff due to the fact that plaintiff
does not reside in Ulster County which is the County in which affirmant maintains his
offices.
The grounds of affirmants belief as to all matters not stated upon affirmants
knowledge are correspondence had with the said plaintiff,information contained in the said
plaintiff's file, which is in affirmants possession, and other pertinent data relating thereto.
Dated: Kingston, New York
February 21, 2024
ALEXANDER E. MAINETTI, ESQ.
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FILED: ULSTER COUNTY CLERK 02/21/2024 01:50 PM INDEX NO. EF2024-503
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024
Index No.
SUPREME COURT OF 'fHE STATE OF
NEW YORK COUN'fY OF ULSTER
ALFONSO GERMAN ORTIZ-SANTOS,
Plaintiff(s),
-against-
THE HANOVER INSURANCE GROUP,
Defendant(s).
SUMMONS & VERIFIED COMPLAINT
MAINETTI & MAINETTI, PC
Attorneys for Plaintiff
130 N. Front Street
Kingston, New York 12401
(845) 600-0000
To:
Attorney(s) for
Service of a copy of the within is hereby admitted
Dated:
Attorney(s) for
PLEASE TAKE NOTICE
O that the within is a (certified) true copy of a
Notice of entered in the office of the clerk of the within named court 20
Entry
O that an Order of which the within is a true will be presented for
copy
Notice of one of the judges of the within named Court,
settlement at
on 20 , at M.
Dated:
MAINETTI & MAINETTI, PC
Attorneys for Plaintiff
130 N. Front Street
To: Kingston, New York 12401
(845) 600-0000
..
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Preview
FILED: ULSTER COUNTY CLERK 02/21/2024 01:50 PM INDEX NO. EF2024-503 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 SUPREME COURT OF THE STATE OF Index No.: NEW YORK COUNTY OF ULSTER Date Purchased: ~~-~~~-~~~~~~~~~~~~~---~~~~~~~~-X SUMMONS ALFONSO GERMAN ORTIZ-SANTOS, Plaintiffs designate Ulster Plaintiff(s), as the place of trial. County - against - The basis of venue is: location of accident: THE HANOVER INSURANCE GROUP, 328 Circle Drive, Hurley, New York, County of Ulster Defendant(s). ----~~~~~~~~~~~~~~~~~~-~~~~~~~~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 days after the service of twenty this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Kingston, New York February 21, 2024 ALEXANDER E. MAINETTI, ESQ. MAINETTI & MAINETTI, P.C. Attorneys for Plaintiff(s) 130 N. Front Street Kingston, New York 12401 (845) 600-0000 To: THE HANOVER INSURANCE GROUP 1 of 6 FILED: ULSTER COUNTY CLERK 02/21/2024 01:50 PM INDEX NO. EF2024-503 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 SUPREME COURT OF THE STATE OF Index No.: NEW YORK COUNTY OF ULSTER Date Purchased: -~~~~~~~~--~~~~~~----~~~~~~-----X ALFONSO GERMAN ORTIZ-SANTOS, VERIFIED COMPLAINT Plaintiff(s), - against - THE HANOVER INSURANCE GROUP, Defendant(s). ~~~~~~_____--~~~~~~~~~~~~~~Ç Plaintiff, ALFONSO GERMAN ORTIZ-SANTOS, by his attorneys, MAINETTI 82 MAINETTI, P.C., of the Defendant, alleges as follows, upon complaining respectfully information and belief: AS AND FOR A FIRST CAUSE OF ACTION 1. At all times herein mentioned, Plaintiff ALFONSO GERMAN ORTIZ-SANTOS was, and still is, a resident of the County of Ulster, State of New York. 2. That at all times hereinafter mentioned and upon information and belief, the Defendant, THE HANOVER INSURANCE GROUP, was an insurance company duly organized and existing under and by virtue of the Laws of the State of New York. 3. Upon information and belief, at all times hereinafter mentioned, the Defendant, THE HANOVER INSURANCE GROUP, was and still is a foreign corporation duly authorized to do business within the State of New York. 4. That at all times hereinafter mentioned, upon information and belief, the Defendant, THE HANOVER INSURANCE GROUP, was and still is an authorized foreign corporation doing business within the State of New York. 2 of 6 FILED: ULSTER COUNTY CLERK 02/21/2024 01:50 PM INDEX NO. EF2024-503 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 5. That at all times hereinafter mentioned, upon information and belief, the Defendant THE HANOVER INSURANCE GROUP, was and still is a business entity doing business in the State of New York. 6. That at all times hereinafter mentioned, upon information and belief, the Defendant THE HANOVER INSURANCE GROUP, contracted to supply goods and/or services within the State of New York. 7. That heretofore and on or about January 3, 2021, the Plaintiff, ALFONSO GERMAN ORTIZ-SANTOS, was a motorist insured the defendant insurance company by THE HANOVER INSURANCE GROUP. 8. That the Defendant, THE HANOVER INSURANCE GROUP,issuedinexchange for a valuable consideration, a policy of automobile insurance to Plaintiff, unde1 number: A376887, which provided insurance benefits to the Plaintiff, and said policy policy was in full force and effect at all material and relevant times herein. 9. That THE HANOVER INSURANCE served as an under- Defendant, GROUP, insured motorist carrier for the plaintiff at the time of the accident complained of herein. 10. That on 3, 2021, Plaintiff, while the vehicle insured Defendant January operating by insurance company, THEHANOVER INSURANCE GROUP, which was provided with supplementary under insuredmotorist coverage, was involvedin a motor vehicle accident with Laura Koury and was injured therein. 11. That the Plaintiff, ALFONSO GERMAN ORTIZ-SANTOS, sustained injuries that exceeded the policy limits of the motor vehicle. offending 3 of 6 FILED: ULSTER COUNTY CLERK 02/21/2024 01:50 PM INDEX NO. EF2024-503 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 12. Prior to the date hereof and with the consent of Defendant herein, Plaintiff settled an action brought against Laura for the maximum insurance coverage available Koury to said Laura Koury. 13. That Defendant insurance company, THE HANOVER INSURANCE GROUP, breached their contractual to compensate the plaintiff for injuries pursuant to duty the terms of the insurance in place at the time of the within accident. policy 14. That Plaintiff ALFONSO GERMAN ORTIZ-SANTOS, sustained serious injuries as defined by §5102(d) of the Insurance Law of the State of New York under all categories. 15. That the Plaintiff seeks recovery against THE HANOVER INSURANCE GROUP under the under insured provisions of such policy. 16. That the damages sustained by the Plaintiff, ALFONSO GERMAN ORTIZ-SANTOS, exceed the compensatory sum received to date hereof. WHEREFORE, plaintiff demands judgement against the defendant in a sum which exceeds the jurisdictionallimits of alllower courts which otherwise might have jurisdiction in this matter, all together with the costs and disbursements of this action and such other and further relief as the court may deem just and proper. Dated: Kingston, New York February 21, 2024 Yours, etc. ALEXANDER E. MAINETTI, ESQ. MAINETTI & MAINETTI, P.C. Attorneys for Plaintiff 130 N. Front Street Kingston, New York 12401 (845) 600-0000 4 of 6 FILED: ULSTER COUNTY CLERK 02/21/2024 01:50 PM INDEX NO. EF2024-503 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER Index No.: -----~~~--~~~--------~~~~~-~~-~~~~-~~Ç ALFONSO GERMAN ORTIZ-SANTOS, ATTORNEY Plaintiff(s), VERIFICATION - against - THE HANOVER INSURANCE GROUP, Defendant(s). ~~~----------------------------~~~-~~~~---~Ç ALEXANDER E. MAINETTI, Esq., an attorney duly admitted to practice law in the State of New York, makes the following affirmation under the penalty of perjury: I am a Partner of the firm of MAINETTI 8t MAINETTI, P.C., the attorneys of record for the plaintiff. I have read the foregoing 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 that as to those matters, I believe them to be true. This verificationis made by affirmant and not by plaintiff due to the fact that plaintiff does not reside in Ulster County which is the County in which affirmant maintains his offices. The grounds of affirmants belief as to all matters not stated upon affirmants knowledge are correspondence had with the said plaintiff,information contained in the said plaintiff's file, which is in affirmants possession, and other pertinent data relating thereto. Dated: Kingston, New York February 21, 2024 ALEXANDER E. MAINETTI, ESQ. 5 of 6 FILED: ULSTER COUNTY CLERK 02/21/2024 01:50 PM INDEX NO. EF2024-503 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 Index No. SUPREME COURT OF 'fHE STATE OF NEW YORK COUN'fY OF ULSTER ALFONSO GERMAN ORTIZ-SANTOS, Plaintiff(s), -against- THE HANOVER INSURANCE GROUP, Defendant(s). SUMMONS & VERIFIED COMPLAINT MAINETTI & MAINETTI, PC Attorneys for Plaintiff 130 N. Front Street Kingston, New York 12401 (845) 600-0000 To: Attorney(s) for Service of a copy of the within is hereby admitted Dated: Attorney(s) for PLEASE TAKE NOTICE O that the within is a (certified) true copy of a Notice of entered in the office of the clerk of the within named court 20 Entry O that an Order of which the within is a true will be presented for copy Notice of one of the judges of the within named Court, settlement at on 20 , at M. Dated: MAINETTI & MAINETTI, PC Attorneys for Plaintiff 130 N. Front Street To: Kingston, New York 12401 (845) 600-0000 .. 6 of 6