Preview
FILED: MONROE COUNTY CLERK 02/28/2024 08:59 AM INDEX NO. E2024003715
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/28/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3761234
Book Page CIVIL
Return To: No. Pages: 4
JOSEPH A. REGAN
1882 South Winton Road, Suite 1 Instrument: COMPLAINT
Rochester, NY 14618
Control #: 202402280769
Index #: E2024003715
Date: 02/28/2024
Clark, Eric Time: 12:17:11 PM
Johnroe, Holly A.
Johnroe, Linda J.
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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NO. E2024003715
FILED: MONROE COUNTY CLERK 02/28/2024 08:59 AM
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/28/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF MONROE____
ERIC CLARK,
Plaintiff,
COMPLAINT
vs.
HOLLY A. JOHNROE,
and LINDA J. JOHNROE, INDEX NO________
Defendants.
___________________________________________
Plaintiff, by his attorneys Faraci Lange LLP, as and for his complaint against defendants, alleges
as follows:
1. At all times hereinafter mentioned, plaintiff was and is a resident of the County of Monroe
and State of New York.
2. Upon information and belief, at all times hereinafter mentioned, defendants were and are
residents of the County of Monroe and State of New York.
3. Upon information and belief, at all times hereinafter mentioned, plaintiff was the operator of a
2019 Kia automobile bearing New York license plate number KUY2051
4. Upon information believed, at all times hereinafter mentioned, defendant Holly A. Johnroe
was the operator and defendant Linda J. Johnroe was the owner of a 2015 Buick automobile
bearing New York license plate number 638261.
5. Upon information and belief, at all times hereinafter mentioned, Lyle Avenue, at and near its
intersection with Sherman Street, was and is a public thoroughfare open to vehicular traffic in the
City of Rochester, County of Monroe and State of New York.
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6. On or about the 22nd day of June, 2022, at about 12:19 PM, defendant Holly A. Johnroe, was
operating the above described vehicle eastbound on Lyle Avenue, with the express consent and
permission of defendant Linda J. Johnroe.
7. On the above date, and at the same time, plaintiff was operating the above described vehicle
eastbound on Lyell Avenue and was stopped in traffic facing a red traffic signal.
8. On the above date and time, defendant Holly A. Johnroe negligently drove the vehicle into the
rear of plaintiff's vehicle, causing plaintiff’s vehicle to be pushed forward and collide with the
vehicle behind which it was stopped.
9. As a result of said collision, plaintiff sustained serious and permanent injuries, became
disabled, and was required to undergo surgical procedures.
10. The above-described collision and injuries to plaintiff were caused solely by and through the
negligence of the defendants.
11. The acts and or omissions to act constituting the negligence of the defendants are as follows:
a. failing to apply the brakes of said vehicle prior to striking plaintiff's vehicle;
b. traveling at a speed not reasonable and prudent;
c. traveling at a speed in excess of the posted speed limit
d. failing to see what was there to be seen
e. failing to properly observe traffic conditions
f. failing to properly observe the red traffic signal controlling eastbound traffic on
Lyle Avenue;
g. failing to yield the right-of-way to plaintiff's vehicle;
h. being otherwise negligent.
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E2024003715
FILED: MONROE COUNTY CLERK 02/28/2024 08:59 AM
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/28/2024
12. By reason of the negligence of the defendants as aforesaid, plaintiff sustained a “serious
injury” within the meaning and coverage of §5102(d) of the Insurance Law of the State of New
York.
13. Plaintiff is a "covered person" as defined by §5102(j) of the Insurance Law of the State of
New York.
14. Plaintiff is entitled to recover for his non-economic losses as well as for those economic
losses which are not included within the definition of "basic economic loss" as provided for in
§5102(a) of the Insurance Law of the State of New York.
15. The limitations on liability set forth in CPLR §1601 do not apply to this action, and the
provisions of CPLR §1602 (6) apply.
16. By reason of the aforesaid, plaintiff has been damaged in a sum which exceeds the
jurisdictional limits of all lower courts.
WHEREFORE, plaintiff demands judgment against the defendant in a sum which exceeds the
jurisdictional limit of all lower courts, together with the costs and disbursements of this action.
Dated: February 28, 2024
Rochester, New York
FARACI LANGE, LLP
_____________________________
Joseph A. Regan, Esq.
Attorneys for Plaintiff
Office & P.O. Address:
1882 South Winton Road, Suite 1
Rochester, New York 14618
Phone: (585) 325-5150
Fax: (585) 325-3285
Email: jregan@faraci.com
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Preview
FILED: MONROE COUNTY CLERK 02/28/2024 08:59 AM INDEX NO. E2024003715 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/28/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3761234 Book Page CIVIL Return To: No. Pages: 4 JOSEPH A. REGAN 1882 South Winton Road, Suite 1 Instrument: COMPLAINT Rochester, NY 14618 Control #: 202402280769 Index #: E2024003715 Date: 02/28/2024 Clark, Eric Time: 12:17:11 PM Johnroe, Holly A. Johnroe, Linda J. Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 4 202402280769 Index # INDEX : E2024003715 NO. E2024003715 FILED: MONROE COUNTY CLERK 02/28/2024 08:59 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/28/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE____ ERIC CLARK, Plaintiff, COMPLAINT vs. HOLLY A. JOHNROE, and LINDA J. JOHNROE, INDEX NO________ Defendants. ___________________________________________ Plaintiff, by his attorneys Faraci Lange LLP, as and for his complaint against defendants, alleges as follows: 1. At all times hereinafter mentioned, plaintiff was and is a resident of the County of Monroe and State of New York. 2. Upon information and belief, at all times hereinafter mentioned, defendants were and are residents of the County of Monroe and State of New York. 3. Upon information and belief, at all times hereinafter mentioned, plaintiff was the operator of a 2019 Kia automobile bearing New York license plate number KUY2051 4. Upon information believed, at all times hereinafter mentioned, defendant Holly A. Johnroe was the operator and defendant Linda J. Johnroe was the owner of a 2015 Buick automobile bearing New York license plate number 638261. 5. Upon information and belief, at all times hereinafter mentioned, Lyle Avenue, at and near its intersection with Sherman Street, was and is a public thoroughfare open to vehicular traffic in the City of Rochester, County of Monroe and State of New York. 1 2 of 4 202402280769 IndexNO. INDEX #: E2024003715 E2024003715 FILED: MONROE COUNTY CLERK 02/28/2024 08:59 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/28/2024 6. On or about the 22nd day of June, 2022, at about 12:19 PM, defendant Holly A. Johnroe, was operating the above described vehicle eastbound on Lyle Avenue, with the express consent and permission of defendant Linda J. Johnroe. 7. On the above date, and at the same time, plaintiff was operating the above described vehicle eastbound on Lyell Avenue and was stopped in traffic facing a red traffic signal. 8. On the above date and time, defendant Holly A. Johnroe negligently drove the vehicle into the rear of plaintiff's vehicle, causing plaintiff’s vehicle to be pushed forward and collide with the vehicle behind which it was stopped. 9. As a result of said collision, plaintiff sustained serious and permanent injuries, became disabled, and was required to undergo surgical procedures. 10. The above-described collision and injuries to plaintiff were caused solely by and through the negligence of the defendants. 11. The acts and or omissions to act constituting the negligence of the defendants are as follows: a. failing to apply the brakes of said vehicle prior to striking plaintiff's vehicle; b. traveling at a speed not reasonable and prudent; c. traveling at a speed in excess of the posted speed limit d. failing to see what was there to be seen e. failing to properly observe traffic conditions f. failing to properly observe the red traffic signal controlling eastbound traffic on Lyle Avenue; g. failing to yield the right-of-way to plaintiff's vehicle; h. being otherwise negligent. 2 3 of 4 202402280769 IndexNO. INDEX #: E2024003715 E2024003715 FILED: MONROE COUNTY CLERK 02/28/2024 08:59 AM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/28/2024 12. By reason of the negligence of the defendants as aforesaid, plaintiff sustained a “serious injury” within the meaning and coverage of §5102(d) of the Insurance Law of the State of New York. 13. Plaintiff is a "covered person" as defined by §5102(j) of the Insurance Law of the State of New York. 14. Plaintiff is entitled to recover for his non-economic losses as well as for those economic losses which are not included within the definition of "basic economic loss" as provided for in §5102(a) of the Insurance Law of the State of New York. 15. The limitations on liability set forth in CPLR §1601 do not apply to this action, and the provisions of CPLR §1602 (6) apply. 16. By reason of the aforesaid, plaintiff has been damaged in a sum which exceeds the jurisdictional limits of all lower courts. WHEREFORE, plaintiff demands judgment against the defendant in a sum which exceeds the jurisdictional limit of all lower courts, together with the costs and disbursements of this action. Dated: February 28, 2024 Rochester, New York FARACI LANGE, LLP _____________________________ Joseph A. Regan, Esq. Attorneys for Plaintiff Office & P.O. Address: 1882 South Winton Road, Suite 1 Rochester, New York 14618 Phone: (585) 325-5150 Fax: (585) 325-3285 Email: jregan@faraci.com 3 4 of 4