Preview
FILED: BRONX COUNTY CLERK 03/11/2024 12:17 PM INDEX NO. 804090/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
========================================X
LAWRENCE YIRENCHI-ARYEH Index No:
Date of Purchase:
Plaintiff,
Plaintiff designates
-against- BRONX County as
the place of trial.
M. DELCASTILLO, The basis of venue is
DEFENDANTS’
Defendant. RESIDENCE.
SUMMONS
========================================X County of Bronx
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 attorneys within twenty (20) days after service of this summons,
exclusive of the day of service (or within thirty (30) days after the service is complete if this summons
is not personally delivered to you within the State of New York); and 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: March 11, 2024
New York, New York
Yours, etc.,
GERMAN RUBENSTEIN LLP
Defendant’s address:
565 West 215th Street _____________
Apt. 1 Patricia Rodriguez
New York, NY 10034 Attorneys for Plaintiff
19 West 44th Street – Suite 1500
New York, New York 10036
Tel. No.: (212) 704-2020
THIS ACTION IS NOT BASED UPON A CONSUMER CREDIT TRANSACTION
THIS ACTION SEEKS RECOVERY FOR PERSONAL INJURY
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
========================================X
LAWRENCE YIRENCHI-ARYEH,
Plaintiff, VERIFIED
COMPLAINT
-against-
Index No.:
M. DELCASTILLO,
Defendant.
========================================X
Plaintiff, by his/her attorneys GERMAN RUBENSTEIN LLP, complaining of the defendants,
respectfully sets forth and alleges upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. At all times hereinafter mentioned, the plaintiff LAWRENCE YIRENCHI-ARYEH
(hereinafter “Plaintiff”) was, and still is, a resident of the State of New York, County of Bronx.
2. At all times hereinafter mentioned, the defendant M. DELCASTILLO (the
“defendant”) was, and still is, a resident of the State of New York, County of Bronx.
3. At all times hereinafter mentioned, and or about March 29, 2021 at approximately
8:10AM the defendant owned a Nissan motor vehicle bearing the New York State license plate
number T723667C (hereinafter, the “aforementioned vehicle”).
4. At all times hereinafter mentioned, the defendant operated the aforementioned
vehicle.
5. At all times hereinafter mentioned, the defendant was the driver of the aforementioned
vehicle.
6. At all times hereinafter mentioned, the defendant controlled the aforementioned
vehicle.
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7. At all times hereinafter mentioned, the defendant maintained the aforementioned
vehicle.
8. At all times hereinafter mentioned, the defendant managed the aforementioned
vehicle.
9. At all times hereinafter mentioned, the defendant utilized the aforementioned vehicle.
10. At all times hereinafter mentioned, the defendant was the lessor of the aforementioned
vehicle.
11. At all times hereinafter mentioned, the defendant was the lessee of the aforementioned
vehicle.
12. At all times hereinafter mentioned, the operated the aforementioned vehicle in the
scope of his employment.
13. Upon information and belief, on or about March 29, 2021, at approximately 8: 10 AM,
the defendant operated the aforementioned vehicle in the vicinity of the intersection of West 225th
Street and Broadway, in the City and State of New York, County of Bronx.
14. Upon information and belief, on or about March 29, 2021, at approximately 8: 10 AM,
the defendant controlled the aforementioned vehicle in the vicinity of the intersection of West 225th
Street and Broadway, in the City and State of New York, County of Bronx.
15. Upon information and belief, on or about March 29, 2021, at approximately 8: 10 AM,
the defendant was operating the aforementioned vehicle in the vicinity of the intersection of West
225th Street and Broadway, in the City and State of New York, County of Bronx. when his/her
vehicle came into contact with and was involved in a collision.
16. Upon information and belief, on or about March 29, 2021, at approximately 8: 10 AM,
the defendant M. Martinez was operating the aforementioned vehicle in the vicinity of the
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intersection of West 225th Street and Broadway, in the City and State of New York, County of
Bronx. when his/her vehicle came into contact with and was involved in a collision with plaintiff’s
vehicle.
17. Upon information and belief, the aforementioned collision was proximately caused by
the negligence, carelessness and recklessness, gross recklessness and gross negligence of the
defendant in the ownership, operation and control of the aforementioned vehicle, without any
negligence on the part of the plaintiff contributing thereto.
18. Upon information and belief, as a proximate result of the negligence, carelessness and
recklessness of the defendant, the plaintiff has been caused to suffer severe physical and emotional
injuries, all of which are believed to be permanent and continuing in nature, duration and effect, has
incurred medical and other expense, has been unable to pursue his/her usual vocations and has
suffered and will continue to suffer from severe physical and emotional pain, all to his/her great
detriment and damage.
19. Upon information and belief, by reason of the foregoing, the plaintiff has sustained a
serious injury as defined by Section 5102 of the Insurance Law of the State of New York, and/or
economic loss greater than basic economic loss as defined by Section 5102 of the Insurance Law of
the State of New York.
20. Upon information and belief, the plaintiff is a “covered person” as defined by Section
5102 of the Insurance Law of the State of New York.
21. Upon information and belief, the limitations on liability set forth in Article 16 of
the New York Civil Practice Law and Rules do not apply since the plaintiff’s action falls within
the exemption set forth in subdivision (6).
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22. By reason of the foregoing, the plaintiff is entitled to compensatory damages from the
defendants, jointly and severally, in a sum which exceeds the jurisdictional limits of all lower Courts
which might otherwise have jurisdiction, and is further entitled to punitive and/or exemplary
damages in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise
have jurisdiction.
WHEREFORE the plaintiff demands judgment as against the defendants in a sum that
exceeds the jurisdictional limits of all lower Courts that might otherwise have jurisdiction and is
further entitled to punitive and/or exemplary damages in a sum that exceeds the jurisdictional limits
of all lower courts that would otherwise have jurisdiction.
Dated: March 11, 2024
New York, New York
Yours, etc.,
GERMAN RUBENSTEIN LLP
By: _____________________________
PATRICIA RODRIGUEZ, ESQ.
Attorneys for Plaintiff
19 West 44th Street, Suite 1500
New York, New York 10036
Phone: (212) 704-2020
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024
ATTORNEY VERIFICATION
STATE OF NEW YORK }
{ss.:
COUNTY OF NEW YORK }
Patricia Rodriguez, an attorney duly admitted to practice before the Courts of the State of New
York, hereby affirms the truth of the following under penalty of perjury:
I am a member of the law firm German Rubenstein LLP, the attorneys for the plaintiff, and
as such am familiar with the facts and circumstances herein.
I have read the foregoing COMPLAINT and know the contents thereof to be true to my
knowledge, except as to those matters therein stated upon information and belief, and as to those
matters I believe them to be true.
The grounds of my belief as to those matters stated upon information and belief are as follows:
conversations with plaintiff, medical records and investigation reports on file.
The reason this verification is made by me and not the plaintiff personally is because the
plaintiff resides outside the county where I maintain my office.
Dated: March 11, 2024
New York, New York
_____________________________
PATRICIA RODRIGUEZ, ESQ.
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Preview
FILED: BRONX COUNTY CLERK 03/11/2024 12:17 PM INDEX NO. 804090/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ========================================X LAWRENCE YIRENCHI-ARYEH Index No: Date of Purchase: Plaintiff, Plaintiff designates -against- BRONX County as the place of trial. M. DELCASTILLO, The basis of venue is DEFENDANTS’ Defendant. RESIDENCE. SUMMONS ========================================X County of Bronx 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 attorneys within twenty (20) days after service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and 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: March 11, 2024 New York, New York Yours, etc., GERMAN RUBENSTEIN LLP Defendant’s address: 565 West 215th Street _____________ Apt. 1 Patricia Rodriguez New York, NY 10034 Attorneys for Plaintiff 19 West 44th Street – Suite 1500 New York, New York 10036 Tel. No.: (212) 704-2020 THIS ACTION IS NOT BASED UPON A CONSUMER CREDIT TRANSACTION THIS ACTION SEEKS RECOVERY FOR PERSONAL INJURY 1 of 6 FILED: BRONX COUNTY CLERK 03/11/2024 12:17 PM INDEX NO. 804090/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ========================================X LAWRENCE YIRENCHI-ARYEH, Plaintiff, VERIFIED COMPLAINT -against- Index No.: M. DELCASTILLO, Defendant. ========================================X Plaintiff, by his/her attorneys GERMAN RUBENSTEIN LLP, complaining of the defendants, respectfully sets forth and alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. At all times hereinafter mentioned, the plaintiff LAWRENCE YIRENCHI-ARYEH (hereinafter “Plaintiff”) was, and still is, a resident of the State of New York, County of Bronx. 2. At all times hereinafter mentioned, the defendant M. DELCASTILLO (the “defendant”) was, and still is, a resident of the State of New York, County of Bronx. 3. At all times hereinafter mentioned, and or about March 29, 2021 at approximately 8:10AM the defendant owned a Nissan motor vehicle bearing the New York State license plate number T723667C (hereinafter, the “aforementioned vehicle”). 4. At all times hereinafter mentioned, the defendant operated the aforementioned vehicle. 5. At all times hereinafter mentioned, the defendant was the driver of the aforementioned vehicle. 6. At all times hereinafter mentioned, the defendant controlled the aforementioned vehicle. 2 of 6 FILED: BRONX COUNTY CLERK 03/11/2024 12:17 PM INDEX NO. 804090/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 7. At all times hereinafter mentioned, the defendant maintained the aforementioned vehicle. 8. At all times hereinafter mentioned, the defendant managed the aforementioned vehicle. 9. At all times hereinafter mentioned, the defendant utilized the aforementioned vehicle. 10. At all times hereinafter mentioned, the defendant was the lessor of the aforementioned vehicle. 11. At all times hereinafter mentioned, the defendant was the lessee of the aforementioned vehicle. 12. At all times hereinafter mentioned, the operated the aforementioned vehicle in the scope of his employment. 13. Upon information and belief, on or about March 29, 2021, at approximately 8: 10 AM, the defendant operated the aforementioned vehicle in the vicinity of the intersection of West 225th Street and Broadway, in the City and State of New York, County of Bronx. 14. Upon information and belief, on or about March 29, 2021, at approximately 8: 10 AM, the defendant controlled the aforementioned vehicle in the vicinity of the intersection of West 225th Street and Broadway, in the City and State of New York, County of Bronx. 15. Upon information and belief, on or about March 29, 2021, at approximately 8: 10 AM, the defendant was operating the aforementioned vehicle in the vicinity of the intersection of West 225th Street and Broadway, in the City and State of New York, County of Bronx. when his/her vehicle came into contact with and was involved in a collision. 16. Upon information and belief, on or about March 29, 2021, at approximately 8: 10 AM, the defendant M. Martinez was operating the aforementioned vehicle in the vicinity of the 3 of 6 FILED: BRONX COUNTY CLERK 03/11/2024 12:17 PM INDEX NO. 804090/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 intersection of West 225th Street and Broadway, in the City and State of New York, County of Bronx. when his/her vehicle came into contact with and was involved in a collision with plaintiff’s vehicle. 17. Upon information and belief, the aforementioned collision was proximately caused by the negligence, carelessness and recklessness, gross recklessness and gross negligence of the defendant in the ownership, operation and control of the aforementioned vehicle, without any negligence on the part of the plaintiff contributing thereto. 18. Upon information and belief, as a proximate result of the negligence, carelessness and recklessness of the defendant, the plaintiff has been caused to suffer severe physical and emotional injuries, all of which are believed to be permanent and continuing in nature, duration and effect, has incurred medical and other expense, has been unable to pursue his/her usual vocations and has suffered and will continue to suffer from severe physical and emotional pain, all to his/her great detriment and damage. 19. Upon information and belief, by reason of the foregoing, the plaintiff has sustained a serious injury as defined by Section 5102 of the Insurance Law of the State of New York, and/or economic loss greater than basic economic loss as defined by Section 5102 of the Insurance Law of the State of New York. 20. Upon information and belief, the plaintiff is a “covered person” as defined by Section 5102 of the Insurance Law of the State of New York. 21. Upon information and belief, the limitations on liability set forth in Article 16 of the New York Civil Practice Law and Rules do not apply since the plaintiff’s action falls within the exemption set forth in subdivision (6). 4 of 6 FILED: BRONX COUNTY CLERK 03/11/2024 12:17 PM INDEX NO. 804090/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 22. By reason of the foregoing, the plaintiff is entitled to compensatory damages from the defendants, jointly and severally, in a sum which exceeds the jurisdictional limits of all lower Courts which might otherwise have jurisdiction, and is further entitled to punitive and/or exemplary damages in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE the plaintiff demands judgment as against the defendants in a sum that exceeds the jurisdictional limits of all lower Courts that might otherwise have jurisdiction and is further entitled to punitive and/or exemplary damages in a sum that exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. Dated: March 11, 2024 New York, New York Yours, etc., GERMAN RUBENSTEIN LLP By: _____________________________ PATRICIA RODRIGUEZ, ESQ. Attorneys for Plaintiff 19 West 44th Street, Suite 1500 New York, New York 10036 Phone: (212) 704-2020 5 of 6 FILED: BRONX COUNTY CLERK 03/11/2024 12:17 PM INDEX NO. 804090/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/11/2024 ATTORNEY VERIFICATION STATE OF NEW YORK } {ss.: COUNTY OF NEW YORK } Patricia Rodriguez, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the truth of the following under penalty of perjury: I am a member of the law firm German Rubenstein LLP, the attorneys for the plaintiff, and as such am familiar with the facts and circumstances herein. I have read the foregoing COMPLAINT and know the contents thereof to be true to my knowledge, except as to those matters therein stated upon information and belief, and as to those matters I believe them to be true. The grounds of my belief as to those matters stated upon information and belief are as follows: conversations with plaintiff, medical records and investigation reports on file. The reason this verification is made by me and not the plaintiff personally is because the plaintiff resides outside the county where I maintain my office. Dated: March 11, 2024 New York, New York _____________________________ PATRICIA RODRIGUEZ, ESQ. 6 of 6