Preview
FILED: BRONX COUNTY CLERK 03/11/2024 05:28 PM INDEX NO. 804132/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX Index No.
________..___........._ _________.......___________.._______......______________Ç
MARITZA dipummong
HERNANDÈZ,
Plaintiff, Plaintiff designates BRONX
County as the place of trial.
against
The basis of venue designated is:
PRISCILLA DOLORES CATOE and JUSTINIANO Place of Occurrence.
VASQUEZ RODRIGUEZ,
Defendants.
____.._____-..-----..--_ ____...-----------------------_ ___----..-----_____Ç
To the above named Defendant(s)
On Artbereby 5Ummouth to answer the complaint in this action, and to serve a copy
of your answer, of if the complaint is not served with this summons, to serve a notice of
appearance on the plaintiffs attorney(s) within twenty days after the services of 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 demantled in the complaint.
DATED: New York, New York
March 9, 2024
Harmon, Linder & Rogowsky, Esqs.
Attorneys for Plaintiff(s)
3 Park Avenue, 23rd Floor
Suite 2300
New York, NY 10016
Priscilla Dolores Catoe
160 Clematis Avenue
Waterbur^, CT06708
Justiniano Vasquez Rodriguez
160 Clematis Avenue
Waterbury, CT 06708
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
--------------------------------------x
MARITZA HERNANDEZ,
VERIFIED COMPLAINT
Plaintiff, Index #:
-against-
PRISCILLA DOLORES CATOE and JUSTINIANO VASQUEZ RODRIGUEZ,
Defendants.
____2-----------________--------------x
Plaintiff, complaining of the defendants herein by.her
attorneys, HARMON, LINDER & ROGOWSKY, ESQS., respe tfully sets
forth and alleges, as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF MARITZA HERNANDEZ
1. That the accident herein complained of occurred within the
County of BRONX, State of New York.
2. That at all times herein mentioned defendant, PRISCILLA
DOLORES CATOE, was the owner of an automobile bearing
registration number BA88207, State of Connecticut.
3. That at all times herein mentioned defendant, JUSTINIANO
VASQUEZ RODRIGUEZ, was the operator of the aforesaid automobile
bearing registration number BA88207, State of Connecticut.
4. That at all times herein mentioned defendant, JUSTINIANO
VASQUEZ RODRIGUEZ, was in physical charge, operation, management
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FILED: BRONX COUNTY CLERK 03/11/2024 05:28 PM INDEX NO. 804132/2024E
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and control of -the aforesaid vehicle owned by the defendant,
PRISCILLA DOLORES CATOE, with the knowledge, consent, and
permission, either express or implied of the defendant owner
thereof.
5. That at all times herein mentioned plaintiff, MARITZA
HERNANDEZ, was the owner and operator of an automobile bearing
registration number KRK1496, State of New York.
6. That on the Twentieth day of October 2022, at approximately
8:30 a.tn., the aforesaid vehicles came into contact with
plaintiff's vehicle at Crotona Avenue, at or near its
intersection with 183rd and 187th Streets, a public street and
thoroughfare, in the County of Bronx, State of New York.
7. The defendants so carelessly and negligently operated their
aforesaid respective vehicles so as to cause the aforesaid
contact.
8. That as a result of the foregoing, this plaintiff was caused
to and did sustain severe and serious injuries and was required
to seek and obtain medical care and attention in an effort to
cure and alleviate same and, upon information and belief, will
be compelled to do so in the future.
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FILED: BRONX COUNTY CLERK 03/11/2024 05:28 PM INDEX NO. 804132/2024E
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9. That the aforesaid occurrence and the injuries sustained by
this plaintiff were caused by the negligence of the defendants.
10. That this plaintiff has sustained a serious injury as the
"d"
same is defined in Subdivision of Section 5102 of the
Insurance Law of the State of New York. .
11. This action falls within one or more of the exceptions set
forth in CPLR Section 1602.
12. That lu reason of the foregoing, plaintiff, MARITZA
HERNANDEZ, has been damaged in an amount which exceeds the
jurisdictional limits of all lower courts that would otherwise
have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION ON
BEHALF OF PLAINTIFF MARITZA HERNANDEZ
13. This plaintiff repeats, reiterates and realleges each and
every allegation contained in paragraphs of this complaint
"1"
numbered through "12", inclusive, with the same force and
effect as though the same were more fully set forth at length
herein.
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14. That defendant so carelessly and negligently operated their
aforesaid respective motor vehicle so as to cause the aforesaid
contact.
15. That as a result of the foregoing, this plaintiff's
aforesaid vehicle was caused to and did sustain property damage
and this plaintiff was required to seek and obtain mechanical
attention in an effort to repair the damages.
16. That the aforesaid occurrence and property damage sustained
by this plaintiff's vehicle was caused by the negligence of the
defendants and not by any act or omission on the New York of
this plaintiff contributing thereto.
WHEREFORE, plaintiff, MARITZA HERNANDEZ, demands judgement
against the defendants in the First Cause of Action in an amount
which exceeds the jurisdictional limits of all lower courts that
would otherwise have jurisdiction and plaintiff, MARITZA
HERNANDEZ, demands judgement against the defendants in the
Second Cause of Action; all together with the costs and
disbursements of this action.
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Dated: New York, NY
.March 9, 2024
. HARMON, LINDER & ROGOWSKY, ESQS.
Attorney(s) for Plaintiff(s)
3 Park Avenue, Suite 2300
New York, New York 1001.6
(212) 732-3665)
MJL/mj
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK)
I, the undersigned, am an attorney admitted to practice in the Courts of New York State,
and say that:
I am the attorney of record or of counsel with the attorney(s) of record for plaintiff.
I have read the annexed SUMMONS AND VERIFIED COMPLAINT and know the
contents thereof and the same are true to my knowledge, except those matters therein which are
stated to be alleged on information and belief. As to those matters, I believe them to be true.
My belief, as to those matters therein not stated upon knowledge is based upon the following:
Interviews and/or discussions with the plaintiff(s) and papers and/or documents in the file.
The reasons 1 make this affirmation instead of the plaintiff is because said plaintiff
resides outside of the county from where your deponent maintains his office for the practice of
law.
Dated: New York, New York
March 9, 2024
Mark J. Linder, Esq.
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Index No. Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
____-------..__________________________________________---------------
MARITZA HERNANDEZ,
Plaintiff,
-against-
PRISCILLA DOLORES CATOE and JUSTINIANO VASQUEZ RODRIGUEZ,
Defendants.
_____________-----_____-______________-----________--------------------
SUMMONS AND VERIFIED COMPLAINT
________________________________-______________________________--
HARMON, LINDER & ROGOSWKY, ESQS.
Attorney for Plaintiff(s)
3 Park Avenue, Suite 2300
New York, NY 10016
(212) 732-3665 Phone
(212) 732-1462 Facsimile
__------- __±_______-________________________________---____________-
To:
Attorney(s) for Defendant
_____----__________---_______________-______________..__-____________ ..-
Service of a copy of the within Summons and Complaint is hereby admitted.
Dated:
Attorney(s) for
PLEASE TAKE NOTICE
O Notice of Entry that the within is a (certified) true copy of a
entered in the office of the clerk of the within named Court on
O Notice of Settlement
that an order of which the within is a true copy will be presented for settlement to the
Hon. , one of the judges of the ƒithin named Court, at ,
on
Dated:
Yours, etc.
Harmon, Linder & Rogowsky, Esqs.
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016
(212) 732-3665
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Preview
FILED: BRONX COUNTY CLERK 03/11/2024 05:28 PM INDEX NO. 804132/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Index No. ________..___........._ _________.......___________.._______......______________Ç MARITZA dipummong HERNANDÈZ, Plaintiff, Plaintiff designates BRONX County as the place of trial. against The basis of venue designated is: PRISCILLA DOLORES CATOE and JUSTINIANO Place of Occurrence. VASQUEZ RODRIGUEZ, Defendants. ____.._____-..-----..--_ ____...-----------------------_ ___----..-----_____Ç To the above named Defendant(s) On Artbereby 5Ummouth to answer the complaint in this action, and to serve a copy of your answer, of if the complaint is not served with this summons, to serve a notice of appearance on the plaintiffs attorney(s) within twenty days after the services of 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 demantled in the complaint. DATED: New York, New York March 9, 2024 Harmon, Linder & Rogowsky, Esqs. Attorneys for Plaintiff(s) 3 Park Avenue, 23rd Floor Suite 2300 New York, NY 10016 Priscilla Dolores Catoe 160 Clematis Avenue Waterbur^, CT06708 Justiniano Vasquez Rodriguez 160 Clematis Avenue Waterbury, CT 06708 1 of 8 FILED: BRONX COUNTY CLERK 03/11/2024 05:28 PM INDEX NO. 804132/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX --------------------------------------x MARITZA HERNANDEZ, VERIFIED COMPLAINT Plaintiff, Index #: -against- PRISCILLA DOLORES CATOE and JUSTINIANO VASQUEZ RODRIGUEZ, Defendants. ____2-----------________--------------x Plaintiff, complaining of the defendants herein by.her attorneys, HARMON, LINDER & ROGOWSKY, ESQS., respe tfully sets forth and alleges, as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF MARITZA HERNANDEZ 1. That the accident herein complained of occurred within the County of BRONX, State of New York. 2. That at all times herein mentioned defendant, PRISCILLA DOLORES CATOE, was the owner of an automobile bearing registration number BA88207, State of Connecticut. 3. That at all times herein mentioned defendant, JUSTINIANO VASQUEZ RODRIGUEZ, was the operator of the aforesaid automobile bearing registration number BA88207, State of Connecticut. 4. That at all times herein mentioned defendant, JUSTINIANO VASQUEZ RODRIGUEZ, was in physical charge, operation, management 2 of 8 FILED: BRONX COUNTY CLERK 03/11/2024 05:28 PM INDEX NO. 804132/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 and control of -the aforesaid vehicle owned by the defendant, PRISCILLA DOLORES CATOE, with the knowledge, consent, and permission, either express or implied of the defendant owner thereof. 5. That at all times herein mentioned plaintiff, MARITZA HERNANDEZ, was the owner and operator of an automobile bearing registration number KRK1496, State of New York. 6. That on the Twentieth day of October 2022, at approximately 8:30 a.tn., the aforesaid vehicles came into contact with plaintiff's vehicle at Crotona Avenue, at or near its intersection with 183rd and 187th Streets, a public street and thoroughfare, in the County of Bronx, State of New York. 7. The defendants so carelessly and negligently operated their aforesaid respective vehicles so as to cause the aforesaid contact. 8. That as a result of the foregoing, this plaintiff was caused to and did sustain severe and serious injuries and was required to seek and obtain medical care and attention in an effort to cure and alleviate same and, upon information and belief, will be compelled to do so in the future. 3 of 8 FILED: BRONX COUNTY CLERK 03/11/2024 05:28 PM INDEX NO. 804132/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 9. That the aforesaid occurrence and the injuries sustained by this plaintiff were caused by the negligence of the defendants. 10. That this plaintiff has sustained a serious injury as the "d" same is defined in Subdivision of Section 5102 of the Insurance Law of the State of New York. . 11. This action falls within one or more of the exceptions set forth in CPLR Section 1602. 12. That lu reason of the foregoing, plaintiff, MARITZA HERNANDEZ, has been damaged in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF MARITZA HERNANDEZ 13. This plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs of this complaint "1" numbered through "12", inclusive, with the same force and effect as though the same were more fully set forth at length herein. 4 of 8 FILED: BRONX COUNTY CLERK 03/11/2024 05:28 PM INDEX NO. 804132/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 14. That defendant so carelessly and negligently operated their aforesaid respective motor vehicle so as to cause the aforesaid contact. 15. That as a result of the foregoing, this plaintiff's aforesaid vehicle was caused to and did sustain property damage and this plaintiff was required to seek and obtain mechanical attention in an effort to repair the damages. 16. That the aforesaid occurrence and property damage sustained by this plaintiff's vehicle was caused by the negligence of the defendants and not by any act or omission on the New York of this plaintiff contributing thereto. WHEREFORE, plaintiff, MARITZA HERNANDEZ, demands judgement against the defendants in the First Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction and plaintiff, MARITZA HERNANDEZ, demands judgement against the defendants in the Second Cause of Action; all together with the costs and disbursements of this action. 5 of 8 FILED: BRONX COUNTY CLERK 03/11/2024 05:28 PM INDEX NO. 804132/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 Dated: New York, NY .March 9, 2024 . HARMON, LINDER & ROGOWSKY, ESQS. Attorney(s) for Plaintiff(s) 3 Park Avenue, Suite 2300 New York, New York 1001.6 (212) 732-3665) MJL/mj 6 of 8 FILED: BRONX COUNTY CLERK 03/11/2024 05:28 PM INDEX NO. 804132/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK) I, the undersigned, am an attorney admitted to practice in the Courts of New York State, and say that: I am the attorney of record or of counsel with the attorney(s) of record for plaintiff. I have read the annexed SUMMONS AND VERIFIED COMPLAINT and know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief. As to those matters, I believe them to be true. My belief, as to those matters therein not stated upon knowledge is based upon the following: Interviews and/or discussions with the plaintiff(s) and papers and/or documents in the file. The reasons 1 make this affirmation instead of the plaintiff is because said plaintiff resides outside of the county from where your deponent maintains his office for the practice of law. Dated: New York, New York March 9, 2024 Mark J. Linder, Esq. 7 of 8 FILED: BRONX COUNTY CLERK 03/11/2024 05:28 PM INDEX NO. 804132/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ____-------..__________________________________________--------------- MARITZA HERNANDEZ, Plaintiff, -against- PRISCILLA DOLORES CATOE and JUSTINIANO VASQUEZ RODRIGUEZ, Defendants. _____________-----_____-______________-----________-------------------- SUMMONS AND VERIFIED COMPLAINT ________________________________-______________________________-- HARMON, LINDER & ROGOSWKY, ESQS. Attorney for Plaintiff(s) 3 Park Avenue, Suite 2300 New York, NY 10016 (212) 732-3665 Phone (212) 732-1462 Facsimile __------- __±_______-________________________________---____________- To: Attorney(s) for Defendant _____----__________---_______________-______________..__-____________ ..- Service of a copy of the within Summons and Complaint is hereby admitted. Dated: Attorney(s) for PLEASE TAKE NOTICE O Notice of Entry that the within is a (certified) true copy of a entered in the office of the clerk of the within named Court on O Notice of Settlement that an order of which the within is a true copy will be presented for settlement to the Hon. , one of the judges of the ƒithin named Court, at , on Dated: Yours, etc. Harmon, Linder & Rogowsky, Esqs. Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, NY 10016 (212) 732-3665 8 of 8