Preview
FILED: BRONX COUNTY CLERK 03/11/2024 11:54 AM INDEX NO. 804079/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
Filed:
CHABELI ABREU ACEVEDO,
Plaintiff, INDEX NO.
-against- Plaintiff designates Bronx
County as the place of trial.
MARIELLE KRYSTINA ABREU CUSTODIO, JORGE POZO,
and MEDLINE INDUSTRIES INC., S U M M O N S
Defendant. The basis of venue is
the County in which the
cause of action arose.
To the above-named Defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer on the plaintiff s attorneys within 20 days after the service of this
summons, exclusive of the day of service of this summons, or within 30 days after service of this
summons is complete if this summons is not personally delivered to you within the State of New
York.
In case of your failure to answer this summons, a judgment by default will be taken
against you for the relief demanded in the complaint, together with the costs of this action.
Dated: Forest Hills, New York
March 7, 2024
KRUPNIK LAW GROUP, P.C.
Attorneys for Plaintiff
108-18 Queens Blvd., Suite 704
Forest Hills, New York 11375
(718) 532-4400
TO: See Next for Defendants
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MARIELLE KRYSTINA ABREU CUSTODIO
373 Warburton Ave
Yonkers, NY 10701
JORGE POZO
5 Chelsea Ln
Rock Hill, New York 12775
MEDLINE INDUSTRIES INC.
80 State Street
Albany, NY 12207
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
INDEX NO.
CHABELI ABREU ACEVEDO,
Plaintiff,
VERIFIED COMPLAINT
-against-
MARIELLE KRYSTINA ABREU CUSTODIO, JORGE POZO,
and MEDLINE INDUSTRIES INC.,
Defendant.
Plaintiff, by her attorneys, KRUPNIK LAW GROUP, P.C., as and for her Verified
Complaint, respectfully alleges, upon information and belief:
1. The plaintiff, CHABELI ABREU ACEVEDO, at all times herein mentioned was and
still is a resident of the County of Bronx and the State of New York.
2. The defendant, MARIELLE KRYSTINA ABREU CUSTODIO, at all times herein
mentioned was and still is a resident of the County of Westchester and the State of New York.
3. The defendant, JORGE POZO, at all times herein mentioned was and still is a resident
of the County of Orange and the State of New York.
4. The defendant MEDLINE INDUSTRIES INC., at all times herein mentioned, was and
still is a corporation organized and existing under the laws of the State of New York, with its
principal place of business situated in the County of Bronx and the State of New York.
5. The defendant MEDLINE INDUSTRIES INC., at all times herein mentioned was and
still is a foreign corporation duly licensed and authorized to do business in the State of New
York.
6. The defendant, MEDLINE INDUSTRIES INC., at all times herein mentioned
conducted and carried on business in the County of Bronx and the State of New York.
7. The defendant, MEDLINE INDUSTRIES INC., at all times herein mentioned was and
still is a partnership doing business in the County of Bronx and the State of New York.
8. The defendant, MEDLINE INDUSTRIES INC., at all times herein mentioned was and
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still is a limited liability partnership doing business in the County of Bronx and the State of New
York.
9. The defendant, MEDLINE INDUSTRIES INC., at all times herein mentioned was and
still is a limited liability corporation doing business in the County of Bronx and the State of New
York.
10. The defendant, MEDLINE INDUSTRIES INC., at all times herein mentioned was
and still is a sole proprietorship doing business in the County of Bronx and the State of New
York.
11. At all times herein mentioned, defendant MEDLINE INDUSTRIES INC. transacted
business within the State of New York.
12. At all times herein mentioned, defendant MEDLINE INDUSTRIES INC. derived
substantial revenue from goods used or consumed or services rendered in the State of New York.
13. At all times herein mentioned, defendant MEDLINE INDUSTRIES INC. expected or
should reasonably have expected its acts to have consequences in the State of New York.
14. At all times herein mentioned, defendant MEDLINE INDUSTRIES INC. derived
substantial revenue from interstate or international commerce.
16th
15. At all times herein mentioned, on the of November, 2023, JORGE POZO was an
agent, servant and/ or employee of the Defendant, MEDLINE INDUSTRIES INC.
16. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO
was the registered owner of a certain motor vehicle, bearing New York license plate number
KXL7089.
17. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO
was the titled owner of a certain motor vehicle, bearing New York license plate number
KXL7089.
18. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO
2
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maintained a certain motor vehicle, bearing New York license plate number KXL7089.
19. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO
controlled a certain motor vehicle, bearing New York license plate number KXL7089.
20. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO
was the lessee of a certain motor vehicle, bearing New York license plate number KXL7089.
21. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO
was the lessor of a certain motor vehicle, bearing New York license plate number KXL7089.
22. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO
was the operator of a certain motor vehicle, bearing New York license plate number KXL7089.
23. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO
was the operator of a certain motor vehicle, bearing New York license plate number KXL7089.
24. On or about November 16, 2023, the plaintiff CHABELI ABREU ACEVEDO was a
passenger in a certain motor vehicle, bearing license plate number KXL7089.
25. On or about November 16, 2023, defendant MEDLINE INDUSTRIES INC. was the
registered owner of a certain motor vehicle, bearing Illinois license plate number 833000ST.
26. On or about November 16, 2023, defendant MEDLINE INDUSTRIES INC. was the
titled owner of a certain motor vehicle, bearing Illinois license plate number 833000ST.
27. On or about November 16, 2023, defendant MEDLINE INDUSTRIES INC. was the
lessee of a certain motor vehicle, bearing Illinois license plate number 833000ST.
28. On or about November 16, 2023, defendant MEDLINE INDUSTRIES INC. was the
lessor of a certain motor vehicle, bearing Illinois license plate number 833000ST.
29. On or about November 16, 2023, defendant MEDLINE INDUSTRIES INC.
maintained a certain motor vehicle, bearing Illinois license plate number 833000ST.
30. On or about November 16, 2023, defendant MEDLINE INDUSTRIES INC.
controlled a certain motor vehicle, bearing Illinois license plate number 833000ST.
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31. On or about November 16, 2023, defendant JORGE POZO was the operator of a
certain motor vehicle, bearing Illinois license plate number 833000ST.
32. On or about November 16, 2023, the motor vehicle bearing New York license plate
number 833000ST was being operated by defendant, JORGE POZO under the course of
employment and/or business of its owner.
33. On or about November 16, 2023, the motor vehicle bearing New York license plate
number 833000ST was being operated by defendant, JORGE POZO under the course of
employment for defendant, MEDLINE INDUSTRIES INC.
34. That at all times herein mentioned and upon information and belief, defendant,
MEDLINE INDUSTRIES INC., hired, trained and/or supervised its employees.
35. On or about November 16, 2023, the defendant, JORGE POZO was an employee
and/or agent of defendant, MEDLINE INDUSTRIES INC.
36. On or about November 16, 2023, JORGE POZO was operating the motor vehicle
bearing New York license plate number 833000ST with the permission, consent, and authority of
the defendant, MEDLINE INDUSTRIES INC.
37. That at all times herein mentioned and upon information and belief, defendant,
MEDLINE INDUSTRIES INC., was vicariously liable for the negligence of JORGE POZO.
38. On or about November 16, 2023, the motor vehicle bearing Illinois license plate
number 833000ST was being operated by defendant JORGE POZO with the express knowledge,
consent and/or on the business of its owner.
39. On or about November 16, 2023, the motor vehicle bearing Illinois license plate
number 833000ST was being operated by defendant JORGE POZO with the express knowledge
of its owner.
40. On or about November 16, 2023, the motor vehicle bearing Illinois license plate
number 833000ST was being operated by defendant JORGE POZO with the implied knowledge
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of its owner.
41. On or about November 16, 2023, the motor vehicle bearing Illinois license plate
number 833000ST was being operated by defendant JORGE POZO with the express consent of
its owner.
42. On or about November 16, 2023, the motor vehicle bearing Illinois license plate
number 833000ST was being operated by defendant JORGE POZO with the implied consent of
its owner.
43. On or about November 16, 2023, the motor vehicle bearing Illinois license plate
number 833000ST was being operated by defendant JORGE POZO with the express permission
of its owner.
44. On or about November 16, 2023, the motor vehicle bearing Illinois license plate
number 833000ST was being operated by defendant JORGE POZO with the implied permission
of its owner.
45. On or about November 16, 2023, the roadway at or near its intersection with 87I S/B
Major Deegan Expressway, County of Bronx, NY, City and State of New York was a public
roadway, street and/or thoroughfare.
46. On or about November 16, 2023, the vehicle operated by the defendant JORGE
POZO came in contact with the vehicle in which the plaintiff CHABELI ABREU ACEVEDO
was a passenger, at the aforementioned location.
47. That the aforesaid accident and injuries resulting therefrom were due solely and
wholly as a result of the careless, reckless, wrongful, willful and negligent manner in which the
defendants operated and controlled their motor vehicle, without these plaintiffs, in any way
contributing thereto.
48. That by reason of the foregoing and the negligence of the defendants, the Plaintiff,
CHABELI ABREU ACEVEDO was severely injured, bruised and wounded, some of which
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injuries are permanent in nature and duration, suffered, still suffers and will continue to suffer for
some time physical pain and bodily injuries and became sick, sore, lame and disabled and so
remained for a considerable length of time.
49. That by reason of the foregoing, the Plaintiff, CHABELI ABREU ACEVEDO, was
compelled and did necessarily require medical aid and attention, and did necessarily pay and
become liable for medicines, and upon information and belief, the Plaintiff will necessarily incur
similar expenses.
50. That by reason of the foregoing, the Plaintiff, CHABELI ABREU ACEVEDO has
been and will be unable to attend to his usual occupation in the manner required.
defendants'
51. The aforesaid accident was due solely as a result of the negligence,
recklessness, and carelessness in the operation of said vehicle and defendants, MEDLINE
INDUSTRIES INC. failure and/or negligent training, hiring, and supervision of its employees.
52. By reason of the foregoing, the Plaintiff was caused to suffer severe and serious
personal injuries to mind and body, and further, that the Plaintiff was subjected to great physical
pain and mental anguish.
53. That by reason of the wrongful, reckless, negligent and unlawful actions of the
defendants, as aforesaid, the Plaintiff, CHABELI ABREU ACEVEDO, sustained serious injuries
as defined in Section 5102 (d) of the Insurance Law of the State of New York, and has sustained
economic loss greater than basic economic loss as defined in Section 5102 of the said Insurance
Law.
person'
54. That Plaintiff, CHABELI ABREU ACEVEDO is a 'covered as defined by
section 5102 (j) of the Insurance Law of the State of New York.
55. That Plaintiff is entitled to recover for non-economic loss and for such economic
loss'
losses as are not included within the definition of 'basic economic as set forth in section
5102(a) of the Insurance Law of the State of New York.
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56. That Plaintiff is entitled to recovery for non-economic loss and for all economic
losses sustained.
57. This action falls within one or more of the exceptions set forth in Section 1602 of the
Civil Practice Law and Rules.
58. That pursuant to CPLR Section 1602(2) (iv), Defendants are liable for all of
Plaintiff's damages, including but not limited to Plaintiff's non-economic loss, irrespective of the
provisions of the CPLR Section 1601, by reason of the fact that Defendants owed Plaintiff a non-
delegable duty of care.
59. That pursuant to CPLR Section 1602(7), Defendants are liable for all of Plaintiff's
damages, including but not limited to Plaintiff's non-economic loss, irrespective of the
provisions of the CPLR Section 1601, by reason of the fact that Defendants acted with reckless
disregard for the safety of others.
60. That pursuant to CPLR Section 1602(6), Defendants are liable for all of Plaintiff's
damages, including but not limited to Plaintiff's non-economic loss, irrespective of the
provisions of the CPLR Section 1601, by reason of the fact that Defendants should be held liable
Defendants'
by reason of use, ownership or operation of a motor vehicle.
61. That pursuant to CPLR Section 1602(2) (iv), Defendant owner is liable for all of
Plaintiff's damages, including but not limited to Plaintiff's non-economic loss, irrespective of the
provisions of the CPLR Section 1601, by reason of the fact that said is vicariously liable for the
negligent acts and omissions of Defendant operator of said vehicle.
62. Solely as a result of the defendant's negligence, carelessness and recklessness the
plaintiff was caused to suffer severe and serious personal injuries to mind and body, and further,
that the plaintiff was subjected to great physical pain and mental anguish.
63. As a result of the foregoing, the plaintiff sustained serious personal injuries as defined
in Section 5102(d) of the Insurance Law of the State of New York, and/or economic loss greater
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than basic economic loss as defined in Section 5102(a) of the Insurance Law of the State of New
York.
64. This action falls within one or more of the exceptions set forth in Section 1602 of the
Civil Practice Law and Rules.
65. Due to defendant's negligence, plaintiff is entitled to damages in a monetary sum
which exceeds the jurisdictional limit of all lower Courts which would otherwise have
jurisdiction.
WHEREFORE, the plaintiff demands judgment awarding damages in the sum of a
monetary sum which exceeds the jurisdictional limit of all lower Courts which would otherwise
have jurisdiction, together with interest and the costs and disbursements of this action, and such
other and further relief as to this Court seems just and proper.
Dated: Forest Hills, New York
March 7, 2024
By: Alla Krupnik
KRUPNIK LAW GROUP, P.C.
Attorneys for Plaintiff
108-18 Queens Blvd., Suite 704
Forest Hills, New York 11375
(718) 532-4400
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
INDEX NO.
CHABELI ABREU ACEVEDO,
Plaintiff,
ATTORNEY'S
-against- VERIFICATION
MARIELLE KRYSTINA ABREU CUSTODIO, JORGE POZO,
and MEDLINE INDUSTRIES INC.,
Defendant.
Alla Krupnik, an attorney duly admitted to practice law in the State of New York, makes
the following affirmation under the penalty of perjury:
I am of the firm of KRUPNIK LAW GROUP, 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 verification is made by affirmant and not by plaintiff because she is not in the
County of Queens, which is the County where your affirmant maintains offices.
The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
are correspondence had with the said plaintiff, information contained in the said plaintiff s file,
which is in affirmant's possession, and other pertinent data relating thereto.
Dated: Forest Hills, New York
March 7, 2024
ALLA KRUPNIK, ESQ.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX Index No.
=====================================================================
CHABELI ABREU ACEVEDO,
Plaintiff,
-against-
MARIELLE KRYSTINA ABREU CUSTODIO, JORGE POZO, and MEDLINE INDUSTRIES
INC.,
Defendant.
=====================================================================
SUMMONS and VERIFIED COMPLAINT
=====================================================================
KRUPNIK
Preview
FILED: BRONX COUNTY CLERK 03/11/2024 11:54 AM INDEX NO. 804079/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Filed: CHABELI ABREU ACEVEDO, Plaintiff, INDEX NO. -against- Plaintiff designates Bronx County as the place of trial. MARIELLE KRYSTINA ABREU CUSTODIO, JORGE POZO, and MEDLINE INDUSTRIES INC., S U M M O N S Defendant. The basis of venue is the County in which the cause of action arose. To the above-named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff s attorneys within 20 days after the service of this summons, exclusive of the day of service of this summons, or within 30 days after service of this summons is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer this summons, a judgment by default will be taken against you for the relief demanded in the complaint, together with the costs of this action. Dated: Forest Hills, New York March 7, 2024 KRUPNIK LAW GROUP, P.C. Attorneys for Plaintiff 108-18 Queens Blvd., Suite 704 Forest Hills, New York 11375 (718) 532-4400 TO: See Next for Defendants 1 of 12 FILED: BRONX COUNTY CLERK 03/11/2024 11:54 AM INDEX NO. 804079/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 MARIELLE KRYSTINA ABREU CUSTODIO 373 Warburton Ave Yonkers, NY 10701 JORGE POZO 5 Chelsea Ln Rock Hill, New York 12775 MEDLINE INDUSTRIES INC. 80 State Street Albany, NY 12207 2 of 12 FILED: BRONX COUNTY CLERK 03/11/2024 11:54 AM INDEX NO. 804079/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX INDEX NO. CHABELI ABREU ACEVEDO, Plaintiff, VERIFIED COMPLAINT -against- MARIELLE KRYSTINA ABREU CUSTODIO, JORGE POZO, and MEDLINE INDUSTRIES INC., Defendant. Plaintiff, by her attorneys, KRUPNIK LAW GROUP, P.C., as and for her Verified Complaint, respectfully alleges, upon information and belief: 1. The plaintiff, CHABELI ABREU ACEVEDO, at all times herein mentioned was and still is a resident of the County of Bronx and the State of New York. 2. The defendant, MARIELLE KRYSTINA ABREU CUSTODIO, at all times herein mentioned was and still is a resident of the County of Westchester and the State of New York. 3. The defendant, JORGE POZO, at all times herein mentioned was and still is a resident of the County of Orange and the State of New York. 4. The defendant MEDLINE INDUSTRIES INC., at all times herein mentioned, was and still is a corporation organized and existing under the laws of the State of New York, with its principal place of business situated in the County of Bronx and the State of New York. 5. The defendant MEDLINE INDUSTRIES INC., at all times herein mentioned was and still is a foreign corporation duly licensed and authorized to do business in the State of New York. 6. The defendant, MEDLINE INDUSTRIES INC., at all times herein mentioned conducted and carried on business in the County of Bronx and the State of New York. 7. The defendant, MEDLINE INDUSTRIES INC., at all times herein mentioned was and still is a partnership doing business in the County of Bronx and the State of New York. 8. The defendant, MEDLINE INDUSTRIES INC., at all times herein mentioned was and 3 of 12 FILED: BRONX COUNTY CLERK 03/11/2024 11:54 AM INDEX NO. 804079/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 still is a limited liability partnership doing business in the County of Bronx and the State of New York. 9. The defendant, MEDLINE INDUSTRIES INC., at all times herein mentioned was and still is a limited liability corporation doing business in the County of Bronx and the State of New York. 10. The defendant, MEDLINE INDUSTRIES INC., at all times herein mentioned was and still is a sole proprietorship doing business in the County of Bronx and the State of New York. 11. At all times herein mentioned, defendant MEDLINE INDUSTRIES INC. transacted business within the State of New York. 12. At all times herein mentioned, defendant MEDLINE INDUSTRIES INC. derived substantial revenue from goods used or consumed or services rendered in the State of New York. 13. At all times herein mentioned, defendant MEDLINE INDUSTRIES INC. expected or should reasonably have expected its acts to have consequences in the State of New York. 14. At all times herein mentioned, defendant MEDLINE INDUSTRIES INC. derived substantial revenue from interstate or international commerce. 16th 15. At all times herein mentioned, on the of November, 2023, JORGE POZO was an agent, servant and/ or employee of the Defendant, MEDLINE INDUSTRIES INC. 16. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO was the registered owner of a certain motor vehicle, bearing New York license plate number KXL7089. 17. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO was the titled owner of a certain motor vehicle, bearing New York license plate number KXL7089. 18. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO 2 4 of 12 FILED: BRONX COUNTY CLERK 03/11/2024 11:54 AM INDEX NO. 804079/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 maintained a certain motor vehicle, bearing New York license plate number KXL7089. 19. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO controlled a certain motor vehicle, bearing New York license plate number KXL7089. 20. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO was the lessee of a certain motor vehicle, bearing New York license plate number KXL7089. 21. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO was the lessor of a certain motor vehicle, bearing New York license plate number KXL7089. 22. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO was the operator of a certain motor vehicle, bearing New York license plate number KXL7089. 23. On or about November 16, 2023, MARIELLE KRYSTINA ABREU CUSTODIO was the operator of a certain motor vehicle, bearing New York license plate number KXL7089. 24. On or about November 16, 2023, the plaintiff CHABELI ABREU ACEVEDO was a passenger in a certain motor vehicle, bearing license plate number KXL7089. 25. On or about November 16, 2023, defendant MEDLINE INDUSTRIES INC. was the registered owner of a certain motor vehicle, bearing Illinois license plate number 833000ST. 26. On or about November 16, 2023, defendant MEDLINE INDUSTRIES INC. was the titled owner of a certain motor vehicle, bearing Illinois license plate number 833000ST. 27. On or about November 16, 2023, defendant MEDLINE INDUSTRIES INC. was the lessee of a certain motor vehicle, bearing Illinois license plate number 833000ST. 28. On or about November 16, 2023, defendant MEDLINE INDUSTRIES INC. was the lessor of a certain motor vehicle, bearing Illinois license plate number 833000ST. 29. On or about November 16, 2023, defendant MEDLINE INDUSTRIES INC. maintained a certain motor vehicle, bearing Illinois license plate number 833000ST. 30. On or about November 16, 2023, defendant MEDLINE INDUSTRIES INC. controlled a certain motor vehicle, bearing Illinois license plate number 833000ST. 3 5 of 12 FILED: BRONX COUNTY CLERK 03/11/2024 11:54 AM INDEX NO. 804079/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 31. On or about November 16, 2023, defendant JORGE POZO was the operator of a certain motor vehicle, bearing Illinois license plate number 833000ST. 32. On or about November 16, 2023, the motor vehicle bearing New York license plate number 833000ST was being operated by defendant, JORGE POZO under the course of employment and/or business of its owner. 33. On or about November 16, 2023, the motor vehicle bearing New York license plate number 833000ST was being operated by defendant, JORGE POZO under the course of employment for defendant, MEDLINE INDUSTRIES INC. 34. That at all times herein mentioned and upon information and belief, defendant, MEDLINE INDUSTRIES INC., hired, trained and/or supervised its employees. 35. On or about November 16, 2023, the defendant, JORGE POZO was an employee and/or agent of defendant, MEDLINE INDUSTRIES INC. 36. On or about November 16, 2023, JORGE POZO was operating the motor vehicle bearing New York license plate number 833000ST with the permission, consent, and authority of the defendant, MEDLINE INDUSTRIES INC. 37. That at all times herein mentioned and upon information and belief, defendant, MEDLINE INDUSTRIES INC., was vicariously liable for the negligence of JORGE POZO. 38. On or about November 16, 2023, the motor vehicle bearing Illinois license plate number 833000ST was being operated by defendant JORGE POZO with the express knowledge, consent and/or on the business of its owner. 39. On or about November 16, 2023, the motor vehicle bearing Illinois license plate number 833000ST was being operated by defendant JORGE POZO with the express knowledge of its owner. 40. On or about November 16, 2023, the motor vehicle bearing Illinois license plate number 833000ST was being operated by defendant JORGE POZO with the implied knowledge 4 6 of 12 FILED: BRONX COUNTY CLERK 03/11/2024 11:54 AM INDEX NO. 804079/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 of its owner. 41. On or about November 16, 2023, the motor vehicle bearing Illinois license plate number 833000ST was being operated by defendant JORGE POZO with the express consent of its owner. 42. On or about November 16, 2023, the motor vehicle bearing Illinois license plate number 833000ST was being operated by defendant JORGE POZO with the implied consent of its owner. 43. On or about November 16, 2023, the motor vehicle bearing Illinois license plate number 833000ST was being operated by defendant JORGE POZO with the express permission of its owner. 44. On or about November 16, 2023, the motor vehicle bearing Illinois license plate number 833000ST was being operated by defendant JORGE POZO with the implied permission of its owner. 45. On or about November 16, 2023, the roadway at or near its intersection with 87I S/B Major Deegan Expressway, County of Bronx, NY, City and State of New York was a public roadway, street and/or thoroughfare. 46. On or about November 16, 2023, the vehicle operated by the defendant JORGE POZO came in contact with the vehicle in which the plaintiff CHABELI ABREU ACEVEDO was a passenger, at the aforementioned location. 47. That the aforesaid accident and injuries resulting therefrom were due solely and wholly as a result of the careless, reckless, wrongful, willful and negligent manner in which the defendants operated and controlled their motor vehicle, without these plaintiffs, in any way contributing thereto. 48. That by reason of the foregoing and the negligence of the defendants, the Plaintiff, CHABELI ABREU ACEVEDO was severely injured, bruised and wounded, some of which 5 7 of 12 FILED: BRONX COUNTY CLERK 03/11/2024 11:54 AM INDEX NO. 804079/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 injuries are permanent in nature and duration, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled and so remained for a considerable length of time. 49. That by reason of the foregoing, the Plaintiff, CHABELI ABREU ACEVEDO, was compelled and did necessarily require medical aid and attention, and did necessarily pay and become liable for medicines, and upon information and belief, the Plaintiff will necessarily incur similar expenses. 50. That by reason of the foregoing, the Plaintiff, CHABELI ABREU ACEVEDO has been and will be unable to attend to his usual occupation in the manner required. defendants' 51. The aforesaid accident was due solely as a result of the negligence, recklessness, and carelessness in the operation of said vehicle and defendants, MEDLINE INDUSTRIES INC. failure and/or negligent training, hiring, and supervision of its employees. 52. By reason of the foregoing, the Plaintiff was caused to suffer severe and serious personal injuries to mind and body, and further, that the Plaintiff was subjected to great physical pain and mental anguish. 53. That by reason of the wrongful, reckless, negligent and unlawful actions of the defendants, as aforesaid, the Plaintiff, CHABELI ABREU ACEVEDO, sustained serious injuries as defined in Section 5102 (d) of the Insurance Law of the State of New York, and has sustained economic loss greater than basic economic loss as defined in Section 5102 of the said Insurance Law. person' 54. That Plaintiff, CHABELI ABREU ACEVEDO is a 'covered as defined by section 5102 (j) of the Insurance Law of the State of New York. 55. That Plaintiff is entitled to recover for non-economic loss and for such economic loss' losses as are not included within the definition of 'basic economic as set forth in section 5102(a) of the Insurance Law of the State of New York. 6 8 of 12 FILED: BRONX COUNTY CLERK 03/11/2024 11:54 AM INDEX NO. 804079/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 56. That Plaintiff is entitled to recovery for non-economic loss and for all economic losses sustained. 57. This action falls within one or more of the exceptions set forth in Section 1602 of the Civil Practice Law and Rules. 58. That pursuant to CPLR Section 1602(2) (iv), Defendants are liable for all of Plaintiff's damages, including but not limited to Plaintiff's non-economic loss, irrespective of the provisions of the CPLR Section 1601, by reason of the fact that Defendants owed Plaintiff a non- delegable duty of care. 59. That pursuant to CPLR Section 1602(7), Defendants are liable for all of Plaintiff's damages, including but not limited to Plaintiff's non-economic loss, irrespective of the provisions of the CPLR Section 1601, by reason of the fact that Defendants acted with reckless disregard for the safety of others. 60. That pursuant to CPLR Section 1602(6), Defendants are liable for all of Plaintiff's damages, including but not limited to Plaintiff's non-economic loss, irrespective of the provisions of the CPLR Section 1601, by reason of the fact that Defendants should be held liable Defendants' by reason of use, ownership or operation of a motor vehicle. 61. That pursuant to CPLR Section 1602(2) (iv), Defendant owner is liable for all of Plaintiff's damages, including but not limited to Plaintiff's non-economic loss, irrespective of the provisions of the CPLR Section 1601, by reason of the fact that said is vicariously liable for the negligent acts and omissions of Defendant operator of said vehicle. 62. Solely as a result of the defendant's negligence, carelessness and recklessness the plaintiff was caused to suffer severe and serious personal injuries to mind and body, and further, that the plaintiff was subjected to great physical pain and mental anguish. 63. As a result of the foregoing, the plaintiff sustained serious personal injuries as defined in Section 5102(d) of the Insurance Law of the State of New York, and/or economic loss greater 7 9 of 12 FILED: BRONX COUNTY CLERK 03/11/2024 11:54 AM INDEX NO. 804079/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 than basic economic loss as defined in Section 5102(a) of the Insurance Law of the State of New York. 64. This action falls within one or more of the exceptions set forth in Section 1602 of the Civil Practice Law and Rules. 65. Due to defendant's negligence, plaintiff is entitled to damages in a monetary sum which exceeds the jurisdictional limit of all lower Courts which would otherwise have jurisdiction. WHEREFORE, the plaintiff demands judgment awarding damages in the sum of a monetary sum which exceeds the jurisdictional limit of all lower Courts which would otherwise have jurisdiction, together with interest and the costs and disbursements of this action, and such other and further relief as to this Court seems just and proper. Dated: Forest Hills, New York March 7, 2024 By: Alla Krupnik KRUPNIK LAW GROUP, P.C. Attorneys for Plaintiff 108-18 Queens Blvd., Suite 704 Forest Hills, New York 11375 (718) 532-4400 8 10 of 12 FILED: BRONX COUNTY CLERK 03/11/2024 11:54 AM INDEX NO. 804079/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX INDEX NO. CHABELI ABREU ACEVEDO, Plaintiff, ATTORNEY'S -against- VERIFICATION MARIELLE KRYSTINA ABREU CUSTODIO, JORGE POZO, and MEDLINE INDUSTRIES INC., Defendant. Alla Krupnik, an attorney duly admitted to practice law in the State of New York, makes the following affirmation under the penalty of perjury: I am of the firm of KRUPNIK LAW GROUP, 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 verification is made by affirmant and not by plaintiff because she is not in the County of Queens, which is the County where your affirmant maintains offices. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are correspondence had with the said plaintiff, information contained in the said plaintiff s file, which is in affirmant's possession, and other pertinent data relating thereto. Dated: Forest Hills, New York March 7, 2024 ALLA KRUPNIK, ESQ. 11 of 12 FILED: BRONX COUNTY CLERK 03/11/2024 11:54 AM INDEX NO. 804079/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Index No. ===================================================================== CHABELI ABREU ACEVEDO, Plaintiff, -against- MARIELLE KRYSTINA ABREU CUSTODIO, JORGE POZO, and MEDLINE INDUSTRIES INC., Defendant. ===================================================================== SUMMONS and VERIFIED COMPLAINT ===================================================================== KRUPNIK