Preview
FILED: BRONX COUNTY CLERK 03/11/2024 02:20 PM INDEX NO. 804099/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
RUTILIO VIVAR ESCAMILA, Index No.:
Date Purchased:
Plaintiff
-against- SUMMONS
MOTOR VEHICLE ACCIDENT Plaintiff designates Bronx County as
INDEMNIFICATION CORPORATION, the place of trial
Defendant. The basis of venue is Plaintiff's
residence:
141"
908 E. Street
Bronx, New York 10454
of Bronx
County
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 attorney(s) within twenty (20) days after the service of this
summons, exclusive of the day of service, where service is made by delivery upon you personally
within the sate, 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, together with the costs of this action.
Dated: Flushing, New York
March 2024
c \ •,
THE LAW OFFICES OF KIM & ASSOCIATES, P.C.
(3Y: Kw SOO ,'ESQ.
Att s for Plamtiff
164-01 Northern Boulevard
Flushing, New York 11358
(718) 762-1111
MOTOR VEHICLE ACCIDENT
INDEMNIFICATION CORPORATION
100 William Street, 14th Floor
New York, NY 10038
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
RUTILIO VIVAR ESCAMILA, Index No.:
DATE FILED:
Plaintiff
-against- VERIFIED COMPLAINT
MOTOR VEHICLE ACCIDENT
INDEMNIFICATION CORPORATION,
Defendant.
Plaintiff, by his attorneys, LAW OFFICES OF KIM & ASSOCIATES, P.C., as and for
his Verified Complaint, respectfully alleges upon information and belief the following:
1. At the time of the accident, Plaintiff, RUTILIO VIVAR ESCAMILA was, and
still is, a resident of the County of Bronx, City and State of New York.
2. At the time of the accident, Defendant, MOTOR VEHICLE ACCIDENT
INDEMNIFICATION CORPORATION (hereinafter referred to as MVAIC) was and still is a
corporation duly organized and existing under and by virtue of the laws of the State of New
York.
3. That at all times herein mentioned, Defendant MVAIC maintained and still
maintains its principal place of business in the County of New York, State of New York located
at 100 William Street, New York, New York.
4. That Plaintiff requested leave to commence this action against the Defendant
MVAIC to recover damages for personal injuries sustained by him.
5. That Plaintiff has duly complied with all of the requirements of the Laws of the
State of New York in connection with the commencement of this action.
6. Pursuant to the Order of Honorable Paul L. Alpert of the Supreme Court, County
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of Bronx, dated February 16, 2024, Plaintiff RUTILIO VIVAR ESCAMILA hereby brings this
action.
7. That at all times herein mentioned, Plaintiff, RUTILIO VIVAR ESCAMILA, was
a lawful bicyclist.
85t11
8. That at all times herein mentioned, E. Street and York Avenue, in the County,
City and State of New York were public roadways and thoroughfares in common use by the
residents of the State of New York and others.
9. That on November 8, 2021, Plaintiff, RUTILIO VIVAR ESCAMILA, was a
85th
lawful bicyclist on E. Street stopped for a traffic light at the accident location when he was
run"
struck by a "hit and motor vehicle, the owner being uninsured and no longer in existence
run"
and the operator of he "hit and motor vehicle remains unidentified and unknown to the
Plaintiff.
10. That by reason of the aforesaid contact, the Plaintiff, RUTILIO VIVAR
ESCAMILA, was injured.
11. That by reason of the foregoing, the Plaintiff, RUTILIO VIVAR ESCAMILA, was
seriously and permanently injured.
12. That the aforesaid occurrence and resulting injuries to the Plaintiff, RUTILIO
VIVAR ESCAMILA, were due solely to the carelessness, recklessness and negligence of the
run"
owner and/or operator of the "hit and motor vehicle, whose identity is unknown to the
Plaintiff, without any fault or wrongdoing on the part of the Plaintiff contributing thereto.
run"
13. That the owner and/or operator of the "hit and motor vehicle, whose identity
is unknown to the Plaintiff, was negligent, careless and reckless in the ownership, operation,
management, maintenance, repair, inspection and control of the aforesaid motor vehicle and the
Defendant(s) was otherwise negligent, careless and reckless under the circumstances then and
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there prevailing.
14. That by reason of the foregoing, the Plaintiff, RUTILIO VIVAR ESCAMILA, was
caused to suffer grievous injuries and was severely injured, damaged, rendered sick, sore, lame
and disabled, sustained severe nervous shock and mental anguish, great physical pain and
emotional upset, some of which injuries are permanent in nature and duration; Plaintiff incurred
and in the future will necessarily incur further hospital and/or surgical and medical expenses in
an effort to be cured of said injuries and Plaintiff will be unable to pursue her usual duties with
the same degree of efñciency as prior to this accident, all to Plaintiffs great damage.
15. That as a result of the foregoing, the Plaintiff, RUTILIO VIVAR ESCAMILA,
sustained serious permanent injuries as defined in subdivision (d) of Section 5102 of the
Insurance Law of the State of New York.
16. That as a result of the foregoing, the Plaintiff, RUTILIO VIVAR ESCAMILA, is
entitled to recover for non-economic loss and economic losses not included within the definition
loss"
of "basic economic as defmed by section 5102(a) of the Insurance Law of the State of New
York.
17. That as a result of the foregoing, the Plaintiff, RUTILIO VIVAR ESCAMILA, is a
person"
"covered within the definition of, and as defined by, section 5102(j) of the Insurance
Law of the State of New York.
18. That as a result of the foregoing, the Plaintiff, RUTILIO VIVAR ESCAMILA,
sustained injuries and economic loss greater than basic economic loss as defined by section 5104
of the Insurance Law of the State of New York.
19. That this action falls within one or more of the exceptions set forth CPLR §1602
and §1603 of the State of New York.
20. That by reason of the foregoing, Plaintiff, RUTILIO VIVAR ESCAMILA, has
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FILED: BRONX COUNTY CLERK 03/11/2024 02:20 PM INDEX NO. 804099/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024
been damaged in a sum exceeding the jurisdictional limitations of all lower courts which would
otherwise have jurisdiction.
WHEREFORE, the Plaintiffs each demand judgment against the Defendant in a sum
exceeding the jurisdictional limitations of all lower courts which would otherwise have
jurisdiction, together with costs and disbursements of this action.
Dated: Flushing, w York
March , 2024
\
Yours, etc.
THE LAW OFFICES OF KIM & ASSOCIATES, P.C.
y,'
KWA OO KI , ESQ.
(
Attorneys for Plaintiff
164-01 Northem Boulevard
Flushing, New York 11358
(718) 762-1111
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FILED: BRONX COUNTY CLERK 03/11/2024 02:20 PM INDEX NO. 804099/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024
ATTORNEYS VERIFICATION
KWANGSOO KIM, an attorney duly admitted to practice before the Courts of the State
of New York, affirms the following to be true under the penalties of perjury:
I am a member of the LAW OFFICES OF KIM & ASSOCIATES, P.C., attorneys of
record for Plaintiff, RUTILIO VIVAR ESCAMILA, in the action within. I have read the annexed
SUMMONS AND VERIFIED COMPLAINT
and know the contents thereof, and the same are true to my knowledge, and except those matters
therein which are stated to be alleged upon information and belief, and as to those matters I
believe them to be true. My belief, as to those matters therein not stated upon knowledge, is
based upon facts, records, and other pertinent information contained in my files.
The reason this verification is made by me and not Plaintiff, is that this Plaintiff is not presently
in the county wherein the attorney for the Plaintiff maintain their office.
Dated: Flushing, N York
March , 2024
((
KWA SOO , ESQ
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FILED: BRONX COUNTY CLERK 03/11/2024 02:20 PM INDEX NO. 804099/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024
Index No. Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
RUTILIO VIVAR ESCAMILA,
Plaintiff
-against-
MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION,
Defendant.
SUMMONS & VERIFIED COMPLAINT
Signature (Rule 130-1.1-a)
K GSO IM, ES
LAW OFFICES OF KIM & ASSOCIATES, P.C.
Attorneys for Plaintiff
Office and Post Office Address, Telephone
164-01 Northern Boulevard
Flushing, N.Y. 11358
(718) 762-1111
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Preview
FILED: BRONX COUNTY CLERK 03/11/2024 02:20 PM INDEX NO. 804099/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX RUTILIO VIVAR ESCAMILA, Index No.: Date Purchased: Plaintiff -against- SUMMONS MOTOR VEHICLE ACCIDENT Plaintiff designates Bronx County as INDEMNIFICATION CORPORATION, the place of trial Defendant. The basis of venue is Plaintiff's residence: 141" 908 E. Street Bronx, New York 10454 of Bronx County 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 attorney(s) within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the sate, 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, together with the costs of this action. Dated: Flushing, New York March 2024 c \ •, THE LAW OFFICES OF KIM & ASSOCIATES, P.C. (3Y: Kw SOO ,'ESQ. Att s for Plamtiff 164-01 Northern Boulevard Flushing, New York 11358 (718) 762-1111 MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION 100 William Street, 14th Floor New York, NY 10038 1 of 7 FILED: BRONX COUNTY CLERK 03/11/2024 02:20 PM INDEX NO. 804099/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX RUTILIO VIVAR ESCAMILA, Index No.: DATE FILED: Plaintiff -against- VERIFIED COMPLAINT MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Defendant. Plaintiff, by his attorneys, LAW OFFICES OF KIM & ASSOCIATES, P.C., as and for his Verified Complaint, respectfully alleges upon information and belief the following: 1. At the time of the accident, Plaintiff, RUTILIO VIVAR ESCAMILA was, and still is, a resident of the County of Bronx, City and State of New York. 2. At the time of the accident, Defendant, MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION (hereinafter referred to as MVAIC) was and still is a corporation duly organized and existing under and by virtue of the laws of the State of New York. 3. That at all times herein mentioned, Defendant MVAIC maintained and still maintains its principal place of business in the County of New York, State of New York located at 100 William Street, New York, New York. 4. That Plaintiff requested leave to commence this action against the Defendant MVAIC to recover damages for personal injuries sustained by him. 5. That Plaintiff has duly complied with all of the requirements of the Laws of the State of New York in connection with the commencement of this action. 6. Pursuant to the Order of Honorable Paul L. Alpert of the Supreme Court, County 2 of 7 FILED: BRONX COUNTY CLERK 03/11/2024 02:20 PM INDEX NO. 804099/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 of Bronx, dated February 16, 2024, Plaintiff RUTILIO VIVAR ESCAMILA hereby brings this action. 7. That at all times herein mentioned, Plaintiff, RUTILIO VIVAR ESCAMILA, was a lawful bicyclist. 85t11 8. That at all times herein mentioned, E. Street and York Avenue, in the County, City and State of New York were public roadways and thoroughfares in common use by the residents of the State of New York and others. 9. That on November 8, 2021, Plaintiff, RUTILIO VIVAR ESCAMILA, was a 85th lawful bicyclist on E. Street stopped for a traffic light at the accident location when he was run" struck by a "hit and motor vehicle, the owner being uninsured and no longer in existence run" and the operator of he "hit and motor vehicle remains unidentified and unknown to the Plaintiff. 10. That by reason of the aforesaid contact, the Plaintiff, RUTILIO VIVAR ESCAMILA, was injured. 11. That by reason of the foregoing, the Plaintiff, RUTILIO VIVAR ESCAMILA, was seriously and permanently injured. 12. That the aforesaid occurrence and resulting injuries to the Plaintiff, RUTILIO VIVAR ESCAMILA, were due solely to the carelessness, recklessness and negligence of the run" owner and/or operator of the "hit and motor vehicle, whose identity is unknown to the Plaintiff, without any fault or wrongdoing on the part of the Plaintiff contributing thereto. run" 13. That the owner and/or operator of the "hit and motor vehicle, whose identity is unknown to the Plaintiff, was negligent, careless and reckless in the ownership, operation, management, maintenance, repair, inspection and control of the aforesaid motor vehicle and the Defendant(s) was otherwise negligent, careless and reckless under the circumstances then and 3 of 7 FILED: BRONX COUNTY CLERK 03/11/2024 02:20 PM INDEX NO. 804099/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 there prevailing. 14. That by reason of the foregoing, the Plaintiff, RUTILIO VIVAR ESCAMILA, was caused to suffer grievous injuries and was severely injured, damaged, rendered sick, sore, lame and disabled, sustained severe nervous shock and mental anguish, great physical pain and emotional upset, some of which injuries are permanent in nature and duration; Plaintiff incurred and in the future will necessarily incur further hospital and/or surgical and medical expenses in an effort to be cured of said injuries and Plaintiff will be unable to pursue her usual duties with the same degree of efñciency as prior to this accident, all to Plaintiffs great damage. 15. That as a result of the foregoing, the Plaintiff, RUTILIO VIVAR ESCAMILA, sustained serious permanent injuries as defined in subdivision (d) of Section 5102 of the Insurance Law of the State of New York. 16. That as a result of the foregoing, the Plaintiff, RUTILIO VIVAR ESCAMILA, is entitled to recover for non-economic loss and economic losses not included within the definition loss" of "basic economic as defmed by section 5102(a) of the Insurance Law of the State of New York. 17. That as a result of the foregoing, the Plaintiff, RUTILIO VIVAR ESCAMILA, is a person" "covered within the definition of, and as defined by, section 5102(j) of the Insurance Law of the State of New York. 18. That as a result of the foregoing, the Plaintiff, RUTILIO VIVAR ESCAMILA, sustained injuries and economic loss greater than basic economic loss as defined by section 5104 of the Insurance Law of the State of New York. 19. That this action falls within one or more of the exceptions set forth CPLR §1602 and §1603 of the State of New York. 20. That by reason of the foregoing, Plaintiff, RUTILIO VIVAR ESCAMILA, has 4 of 7 FILED: BRONX COUNTY CLERK 03/11/2024 02:20 PM INDEX NO. 804099/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 been damaged in a sum exceeding the jurisdictional limitations of all lower courts which would otherwise have jurisdiction. WHEREFORE, the Plaintiffs each demand judgment against the Defendant in a sum exceeding the jurisdictional limitations of all lower courts which would otherwise have jurisdiction, together with costs and disbursements of this action. Dated: Flushing, w York March , 2024 \ Yours, etc. THE LAW OFFICES OF KIM & ASSOCIATES, P.C. y,' KWA OO KI , ESQ. ( Attorneys for Plaintiff 164-01 Northem Boulevard Flushing, New York 11358 (718) 762-1111 5 of 7 FILED: BRONX COUNTY CLERK 03/11/2024 02:20 PM INDEX NO. 804099/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 ATTORNEYS VERIFICATION KWANGSOO KIM, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am a member of the LAW OFFICES OF KIM & ASSOCIATES, P.C., attorneys of record for Plaintiff, RUTILIO VIVAR ESCAMILA, in the action within. I have read the annexed SUMMONS AND VERIFIED COMPLAINT and know the contents thereof, and the same are true to my knowledge, and except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. The reason this verification is made by me and not Plaintiff, is that this Plaintiff is not presently in the county wherein the attorney for the Plaintiff maintain their office. Dated: Flushing, N York March , 2024 (( KWA SOO , ESQ 6 of 7 FILED: BRONX COUNTY CLERK 03/11/2024 02:20 PM INDEX NO. 804099/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX RUTILIO VIVAR ESCAMILA, Plaintiff -against- MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Defendant. SUMMONS & VERIFIED COMPLAINT Signature (Rule 130-1.1-a) K GSO IM, ES LAW OFFICES OF KIM & ASSOCIATES, P.C. Attorneys for Plaintiff Office and Post Office Address, Telephone 164-01 Northern Boulevard Flushing, N.Y. 11358 (718) 762-1111 7 of 7