Preview
FILED: BRONX COUNTY CLERK 03/11/2024 06:24 PM INDEX NO. 804170/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
Index No.
--------------------------------------------------------------------x
Plaintiff, Plaintiff designates
BRONX County
against
The basis of venue designated is:
"
JAQUELYN V. JOHNSON and JOHN DOE", Place of occurrence
Defendant, Plaintiff designates
---------------------------------------------------------------------x BRONX County as place of trial
To the above named Defendant(s)
88 872 IJBrtilP 5ttRtmOnth 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 demanded in the complaint.
DATED: New York, New York
March 07, 2024
Harmon, Linder & Rogowsky
Attorneys for Plaintiff(s)
3 Park Avenue, Suite 2300
New York, NY 10016
Defendant's Address:
Jaquelin V. Johnson
225 Crescent Floor, Apt 1
Yonkers, NY 10704
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
--------------------------------------x
KEVIN M. WARD,
VERIFIED COMPLAINT
Plaintiff, Index #:
-against-
JAQUELYN V. JOHNSON and "JOHN DOE",
Defendants.
--------------------------------------x
Plaintiff, complaining of the defendants herein by his
attorneys, HARMON, LINDER ROGOWSKY, ESQS., respectfully sets
forth and alleges, as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF KEVIN M. WARD
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, JAQUELYN V.
JOHNSON, was the owner of an automobile bearing registration
number LQQKJ33P, State of New York.
3. That at all times herein mentioned defendant, JAQUELYN V.
JOHNSON, was the operator of an automobile bearing registration
number LQQKJ33P, State of New York.
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4. That at all times herein mentioned defendant, "JOHN DOE", was
the operator of the aforesaid automobile bearing registration
number LQQKJ33P, State of New York.
5. That at all times herein mentioned defendant, "JOHN DOE", was
in physical charge, operation, management and control of the
aforesaid vehicle owned by the defendant, JAQUELYN V. JOHNSON,
with the knowledge, consent, and permission, either express or
implied of the defendant owner thereof.
5. That at all times herein mentioned plaintiff, KEVIN M. WARD,
was the owner and operator of an automobile bearing registration
number KKX5454, State of New York.
6. That on the Tenth day of M'ay 2023, at approximately 3:18
p.m., the aforesaid vehicles came into contact with plaintiff's
vehicle at Mount Eden Avenue, at or near its intersection with
Grand Concourse, 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.
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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.
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 by reason of the foregoing, plaintiff, KEVIN M. WARD,
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 KEVIN M. WARD
13. This plaintiff repeats, reiterates and realleges each and
every allegation contained in paragraphs of this complaint
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.
"1"
numbered through "12", inclusive, with the same force and
effect as though the same were more fully set forth at length
herein.
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, KEVIN M. WARD, 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, KEVIN M. WARD,
demands judgement against the defendants in the Second Cause of
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Action; all together with the costs and disbursements of this
action.
Dated: New York, NY
March 7, 2024
HARMON, LINDER & ROGOWSKY, ESQS.
Attorney(s) for Plaintiff(s)
3 Park Avenue, Suite 2300
New York, New York 10016
(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 I 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 7, 2024
Mark J. Linder Esq.,
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Index No. Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
_________________________________________________________________________________________--------------------------
KEVIN M. WARD,
Plaintiff,
-against-
"
JAQUELYN V. JOHNSON and JOHN DOE",
Defendant.
___________________________________________________________________________________________________________________
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
¡ 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
¡ 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 within named Court, at ,
Dated:
Yours, etc.
Harmon, Linder & Rogowsky
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 06:24 PM INDEX NO. 804170/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Index No. --------------------------------------------------------------------x Plaintiff, Plaintiff designates BRONX County against The basis of venue designated is: " JAQUELYN V. JOHNSON and JOHN DOE", Place of occurrence Defendant, Plaintiff designates ---------------------------------------------------------------------x BRONX County as place of trial To the above named Defendant(s) 88 872 IJBrtilP 5ttRtmOnth 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 demanded in the complaint. DATED: New York, New York March 07, 2024 Harmon, Linder & Rogowsky Attorneys for Plaintiff(s) 3 Park Avenue, Suite 2300 New York, NY 10016 Defendant's Address: Jaquelin V. Johnson 225 Crescent Floor, Apt 1 Yonkers, NY 10704 1 of 8 FILED: BRONX COUNTY CLERK 03/11/2024 06:24 PM INDEX NO. 804170/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX --------------------------------------x KEVIN M. WARD, VERIFIED COMPLAINT Plaintiff, Index #: -against- JAQUELYN V. JOHNSON and "JOHN DOE", Defendants. --------------------------------------x Plaintiff, complaining of the defendants herein by his attorneys, HARMON, LINDER ROGOWSKY, ESQS., respectfully sets forth and alleges, as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF KEVIN M. WARD 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, JAQUELYN V. JOHNSON, was the owner of an automobile bearing registration number LQQKJ33P, State of New York. 3. That at all times herein mentioned defendant, JAQUELYN V. JOHNSON, was the operator of an automobile bearing registration number LQQKJ33P, State of New York. 2 of 8 FILED: BRONX COUNTY CLERK 03/11/2024 06:24 PM INDEX NO. 804170/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2024 4. That at all times herein mentioned defendant, "JOHN DOE", was the operator of the aforesaid automobile bearing registration number LQQKJ33P, State of New York. 5. That at all times herein mentioned defendant, "JOHN DOE", was in physical charge, operation, management and control of the aforesaid vehicle owned by the defendant, JAQUELYN V. JOHNSON, with the knowledge, consent, and permission, either express or implied of the defendant owner thereof. 5. That at all times herein mentioned plaintiff, KEVIN M. WARD, was the owner and operator of an automobile bearing registration number KKX5454, State of New York. 6. That on the Tenth day of M'ay 2023, at approximately 3:18 p.m., the aforesaid vehicles came into contact with plaintiff's vehicle at Mount Eden Avenue, at or near its intersection with Grand Concourse, 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. 3 of 8 FILED: BRONX COUNTY CLERK 03/11/2024 06:24 PM INDEX NO. 804170/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2024 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. 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 by reason of the foregoing, plaintiff, KEVIN M. WARD, 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 KEVIN M. WARD 13. This plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs of this complaint 4 of 8 FILED: BRONX COUNTY CLERK 03/11/2024 06:24 PM INDEX NO. 804170/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2024 . "1" numbered through "12", inclusive, with the same force and effect as though the same were more fully set forth at length herein. 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, KEVIN M. WARD, 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, KEVIN M. WARD, demands judgement against the defendants in the Second Cause of 5 of 8 FILED: BRONX COUNTY CLERK 03/11/2024 06:24 PM INDEX NO. 804170/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2024 Action; all together with the costs and disbursements of this action. Dated: New York, NY March 7, 2024 HARMON, LINDER & ROGOWSKY, ESQS. Attorney(s) for Plaintiff(s) 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665) MJL/mj 6 of 8 FILED: BRONX COUNTY CLERK 03/11/2024 06:24 PM INDEX NO. 804170/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2024 . . 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 I 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 7, 2024 Mark J. Linder Esq., 7 of 8 FILED: BRONX COUNTY CLERK 03/11/2024 06:24 PM INDEX NO. 804170/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2024 Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _________________________________________________________________________________________-------------------------- KEVIN M. WARD, Plaintiff, -against- " JAQUELYN V. JOHNSON and JOHN DOE", Defendant. ___________________________________________________________________________________________________________________ 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 ¡ 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 ¡ 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 within named Court, at , Dated: Yours, etc. Harmon, Linder & Rogowsky Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, NY 10016 (212) 732-3665 8 of 8