Preview
FILED: CAYUGA COUNTY CLERK 03/13/2024 04:40 PM INDEX NO. E2024-0225
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024
STATE OF NEW YORK
SUPREME COURT: COUNTY OF CAYUGA
DEBORAH S. COPES
2 First Avenue
Auburn, New York 13021-5104
Plaintiff
v.
SUMMONS
THOMAS J. BINGHAM, JR.
Index No " "
4030 Cedarvale Road
Syracuse, New York 13215, and
TLC EMERGENCY MEDICAL SERVICES, INC.
638 Burnet Avenue
Syracuse, New York 13203
Defendants
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to Answer the Complaint in this action and to serve
a copy of your Answer on the Plaintiffs Attorneys within 20 days after the service of this
Summons, exclusive of the day of service (or within 30 days after the service if this Summons is
not personally delivered to you within the State) and in case of your failure to Answer, Judgment
will be entered against you by default for the relief demanded in the Complaint. Plaintiffs
complaint against you is in excess of the jurisdictional limits of all lower Courts for causes of
action based upon negligence. Cayuga County is designated-as the place of trial based upon the
Plaintiffs residence therein.
DATED: March 13, 2024
Randy Mallaber, Esq.
WILLIAM MATTAR, P.C.
Attorneys for Plaintiff
Office and Post Office Address
6720 Main Street, Suite 100
Williamsville, NY 14221-5986
(716) 633-3535
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STATE OF NEW YORK
SUPREME COURT: COUNTY OF CAYUGA
DEBORAH S. COPES
Plaintiff
COMPLAINT
v.
Index No.:
THOMAS J. BINGHAM, JR., and
TLC EMERGENCY MEDICAL SERVICES, INC.
Defendants
The Plaintiff, DEBORAH S. COPES, by her attorneys, WILLIAM MATTAR, P.C., as
and for Plaintiffs complaint against the Defendants herein, alleges:
1) That at all times hereinafter mentioned, the plaintiff, DEBORAH S. COPES, was a
resident of the County of Cayuga and State of New York.
2) That upon information and belief, at all times hereinafter mentioned, the Defendant,
THOMAS J. BINGHAM, JR., was a resident of the Town of Camillus, County of Onondaga and
State of New York.
3) That upon information and belief, at all times hereinafter mentioned, the Defendant,
TLC EMERGENCY MEDICAL SERVICES, INC. was and is a domestic business corporation
duly authorized to transact and conduct business under the laws of the State of New York.
4) That at all times hereinafter mentioned, on or about April 8, 2021, Defendant,
THOMAS J. BINGHAM, JR., was the operator of a 2014 Chevrolet motor vehicle, license plate
number 11219ET, registered in the State of New York for the year 2021.
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5) That at all times hereinafter mentioned, on or about April 8, 2021, Defendant, TLC
EMERGENCY MEDICAL SERVICES, INC., was the owner of a 2014 Chevrolet motor vehicle,
license plate number 11219ET, registered in the State of New York for the year 2021.
6) That on or about April 8, 2021, Defendant, THOMAS J. BINGHAM, JR., was
operating the aforementioned motor vehicle with the express or implied permission and consent
of its owner, Defendant, TLC EMERGENCY MEDICAL SERVICES, INC.
7) That Defendant, THOMAS J. BINGHAM, JR. was an employee of Defendant,
TLC EMERGENCY MEDICAL SERVICES, INC.
8) That Defendant, THOMAS J. BINGHAM, JR. was operating the aforementioned
vehicle within the scope of his employment with TLC EMERGENCY MEDICAL SERVICES,
INC.
9) That at all times hereinafter mentioned, Grant Avenue Road 800 Feet West of
County House Road in Sennett, New York, was a public street, highway and/or thoroughfare.
10) That this action falls within one or more of the exceptions set forth in CPLR 1602.
11) That on or about April 8, 2021, the Defendant, TLC EMERGENCY MEDICAL
SERVICES, INC. was the owner and the Defendant, THOMAS J. BINGHAM, JR., was the
operator of the aforementioned vehicle, when said vehicle collided with and became involved in a
collision with a vehicle operated by the Plaintiff, DEBORAH S. COPES, said collision occurring
at or near Grant Avenue Road 800 Feet West of County House Road in Sennett, New York.
12) That the Defendant, THOMAS J. BINGHAM, JR., is not allowed to needlessly
endanger the public when operating his motor vehicle.
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13) That the Defendant, THOMAS J. BINGHAM, JR., must operate his motor vehicle
in a safe manner on public roads.
14) That the Defendant, THOMAS J. BINGHAM, JR., must abide by the New York
State Vehicle and Traffic Law when operating his motor vehicle.
15) That the collision herein occurred wholly and solely as a result of the negligent,
careless and/or reckless manner in which the Defendants operated their motor vehicle on or about
April 8, 2021, without any fault or want of care on the part of the Plaintiff. The Defendant, TLC
EMERGENCY MEDICAL SERVICES, INC., owner is vicariously liable through the operation
of New York State Vehicle and Traffic Law Section 388.
16) That wholly and solely as a result of the negligence, carelessness and recklessness
of the Defendants, Plaintiff, DEBORAH S. COPES, suffered and sustained serious injuries as the
same are defined in §5102(d) of the Insurance Law of the State of New York, as amended, and the
Plaintiff has been caused to suffer and sustain personal injuries in and to the body which are
permanent in nature and the Plaintiff has also sustained economic loss greater than basic economic
loss as defined in §5102(a) of the Insurance Law of the State of New York and has or may be
caused to suffer loss in excess of the jurisdictional limits of all lower Courts.
AS AND FOR A FIRST CAUSE OF ACTION
17) Plaintiff repeats and re-alleges each of the foregoing paragraphs as if fully set forth
herein.
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18) At the time of the collision, Defendant, THOMAS J. BINGHAM, JR. was an
employee of Defendant, TLC EMERGENCY MEDICAL SERVICES, INC. on the date of the
collision.
19) That the collision herein occurred wholly and solely as a result of the negligent,
careless and reckless manner in which the Defandants owned and operated their motor vehicle on
or about April 8, 2021, without any fault or want of care on the part of the Plaintiff.
20) Defendant THOMAS J. BINGHAM was acting in the course and scope of his
employment with Defendant TLC EMERGENCY MEDICAL SERVICES, INC., at the time of
the subject collision.
21) Defendant, TLC EMERGENCY MEDICAL SERVICES, INC., is vicariously
liable for the negligene of Defendant THOMAS J. BINGHAM.
22) Due to the negligence, carelessness and recklessness ofthe Defendants, the Plaintiff
DEBORAH S. COPES, suffered and sustained serious injuries as the same are defined in §5102(d)
of the Insurance Law of the State of New York, as amended, and the Plaintiff was caused to suffer
and sustain personal injuries in and to the body which are permanent in nature including death and
the Plainitff has also sustained economic loss greater than basic economic loss as defined in
§5102(a) of the Insurance Law of the State of New York and has or may be caused to suffer loss
in excess of the jurisdictional limits of all lower Courts.
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WHEREFORE, the Plaintiff, DEBORAH S. COPES, demands Judgment against the
Defendants herein in an amount that exceeds the jurisdictional limits of all lower Courts which
would otherwise have jurisdiction, together with the costs and disbursements of said action and
for such other and further relief as the Court may deem just and proper.
DATED: March 13, 2024
Randy Mallaber, Esq.
WILLIAM MATTAR, P.C.
Attorneys for Plaintiff
Office and Post Office Address
6720 Main Street, Suite 100
Williamsville, NY 14221-5986
(716) 633-3535
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Preview
FILED: CAYUGA COUNTY CLERK 03/13/2024 04:40 PM INDEX NO. E2024-0225 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 STATE OF NEW YORK SUPREME COURT: COUNTY OF CAYUGA DEBORAH S. COPES 2 First Avenue Auburn, New York 13021-5104 Plaintiff v. SUMMONS THOMAS J. BINGHAM, JR. Index No " " 4030 Cedarvale Road Syracuse, New York 13215, and TLC EMERGENCY MEDICAL SERVICES, INC. 638 Burnet Avenue Syracuse, New York 13203 Defendants TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to Answer the Complaint in this action and to serve a copy of your Answer on the Plaintiffs Attorneys within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service if this Summons is not personally delivered to you within the State) and in case of your failure to Answer, Judgment will be entered against you by default for the relief demanded in the Complaint. Plaintiffs complaint against you is in excess of the jurisdictional limits of all lower Courts for causes of action based upon negligence. Cayuga County is designated-as the place of trial based upon the Plaintiffs residence therein. DATED: March 13, 2024 Randy Mallaber, Esq. WILLIAM MATTAR, P.C. Attorneys for Plaintiff Office and Post Office Address 6720 Main Street, Suite 100 Williamsville, NY 14221-5986 (716) 633-3535 1 of 6 FILED: CAYUGA COUNTY CLERK 03/13/2024 04:40 PM INDEX NO. E2024-0225 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 STATE OF NEW YORK SUPREME COURT: COUNTY OF CAYUGA DEBORAH S. COPES Plaintiff COMPLAINT v. Index No.: THOMAS J. BINGHAM, JR., and TLC EMERGENCY MEDICAL SERVICES, INC. Defendants The Plaintiff, DEBORAH S. COPES, by her attorneys, WILLIAM MATTAR, P.C., as and for Plaintiffs complaint against the Defendants herein, alleges: 1) That at all times hereinafter mentioned, the plaintiff, DEBORAH S. COPES, was a resident of the County of Cayuga and State of New York. 2) That upon information and belief, at all times hereinafter mentioned, the Defendant, THOMAS J. BINGHAM, JR., was a resident of the Town of Camillus, County of Onondaga and State of New York. 3) That upon information and belief, at all times hereinafter mentioned, the Defendant, TLC EMERGENCY MEDICAL SERVICES, INC. was and is a domestic business corporation duly authorized to transact and conduct business under the laws of the State of New York. 4) That at all times hereinafter mentioned, on or about April 8, 2021, Defendant, THOMAS J. BINGHAM, JR., was the operator of a 2014 Chevrolet motor vehicle, license plate number 11219ET, registered in the State of New York for the year 2021. 2 of 6 FILED: CAYUGA COUNTY CLERK 03/13/2024 04:40 PM INDEX NO. E2024-0225 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 5) That at all times hereinafter mentioned, on or about April 8, 2021, Defendant, TLC EMERGENCY MEDICAL SERVICES, INC., was the owner of a 2014 Chevrolet motor vehicle, license plate number 11219ET, registered in the State of New York for the year 2021. 6) That on or about April 8, 2021, Defendant, THOMAS J. BINGHAM, JR., was operating the aforementioned motor vehicle with the express or implied permission and consent of its owner, Defendant, TLC EMERGENCY MEDICAL SERVICES, INC. 7) That Defendant, THOMAS J. BINGHAM, JR. was an employee of Defendant, TLC EMERGENCY MEDICAL SERVICES, INC. 8) That Defendant, THOMAS J. BINGHAM, JR. was operating the aforementioned vehicle within the scope of his employment with TLC EMERGENCY MEDICAL SERVICES, INC. 9) That at all times hereinafter mentioned, Grant Avenue Road 800 Feet West of County House Road in Sennett, New York, was a public street, highway and/or thoroughfare. 10) That this action falls within one or more of the exceptions set forth in CPLR 1602. 11) That on or about April 8, 2021, the Defendant, TLC EMERGENCY MEDICAL SERVICES, INC. was the owner and the Defendant, THOMAS J. BINGHAM, JR., was the operator of the aforementioned vehicle, when said vehicle collided with and became involved in a collision with a vehicle operated by the Plaintiff, DEBORAH S. COPES, said collision occurring at or near Grant Avenue Road 800 Feet West of County House Road in Sennett, New York. 12) That the Defendant, THOMAS J. BINGHAM, JR., is not allowed to needlessly endanger the public when operating his motor vehicle. 3 of 6 FILED: CAYUGA COUNTY CLERK 03/13/2024 04:40 PM INDEX NO. E2024-0225 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 13) That the Defendant, THOMAS J. BINGHAM, JR., must operate his motor vehicle in a safe manner on public roads. 14) That the Defendant, THOMAS J. BINGHAM, JR., must abide by the New York State Vehicle and Traffic Law when operating his motor vehicle. 15) That the collision herein occurred wholly and solely as a result of the negligent, careless and/or reckless manner in which the Defendants operated their motor vehicle on or about April 8, 2021, without any fault or want of care on the part of the Plaintiff. The Defendant, TLC EMERGENCY MEDICAL SERVICES, INC., owner is vicariously liable through the operation of New York State Vehicle and Traffic Law Section 388. 16) That wholly and solely as a result of the negligence, carelessness and recklessness of the Defendants, Plaintiff, DEBORAH S. COPES, suffered and sustained serious injuries as the same are defined in §5102(d) of the Insurance Law of the State of New York, as amended, and the Plaintiff has been caused to suffer and sustain personal injuries in and to the body which are permanent in nature and the Plaintiff has also sustained economic loss greater than basic economic loss as defined in §5102(a) of the Insurance Law of the State of New York and has or may be caused to suffer loss in excess of the jurisdictional limits of all lower Courts. AS AND FOR A FIRST CAUSE OF ACTION 17) Plaintiff repeats and re-alleges each of the foregoing paragraphs as if fully set forth herein. 4 of 6 FILED: CAYUGA COUNTY CLERK 03/13/2024 04:40 PM INDEX NO. E2024-0225 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 18) At the time of the collision, Defendant, THOMAS J. BINGHAM, JR. was an employee of Defendant, TLC EMERGENCY MEDICAL SERVICES, INC. on the date of the collision. 19) That the collision herein occurred wholly and solely as a result of the negligent, careless and reckless manner in which the Defandants owned and operated their motor vehicle on or about April 8, 2021, without any fault or want of care on the part of the Plaintiff. 20) Defendant THOMAS J. BINGHAM was acting in the course and scope of his employment with Defendant TLC EMERGENCY MEDICAL SERVICES, INC., at the time of the subject collision. 21) Defendant, TLC EMERGENCY MEDICAL SERVICES, INC., is vicariously liable for the negligene of Defendant THOMAS J. BINGHAM. 22) Due to the negligence, carelessness and recklessness ofthe Defendants, the Plaintiff DEBORAH S. COPES, suffered and sustained serious injuries as the same are defined in §5102(d) of the Insurance Law of the State of New York, as amended, and the Plaintiff was caused to suffer and sustain personal injuries in and to the body which are permanent in nature including death and the Plainitff has also sustained economic loss greater than basic economic loss as defined in §5102(a) of the Insurance Law of the State of New York and has or may be caused to suffer loss in excess of the jurisdictional limits of all lower Courts. 5 of 6 FILED: CAYUGA COUNTY CLERK 03/13/2024 04:40 PM INDEX NO. E2024-0225 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 WHEREFORE, the Plaintiff, DEBORAH S. COPES, demands Judgment against the Defendants herein in an amount that exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction, together with the costs and disbursements of said action and for such other and further relief as the Court may deem just and proper. DATED: March 13, 2024 Randy Mallaber, Esq. WILLIAM MATTAR, P.C. Attorneys for Plaintiff Office and Post Office Address 6720 Main Street, Suite 100 Williamsville, NY 14221-5986 (716) 633-3535 6 of 6