Preview
FILED: ERIE COUNTY CLERK 03/19/2024 11:19 AM INDEX NO. 804094/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE SUMMONS
Craig Fraid
4572 Broadway
Depew, New York 14043
Plaintiff
v. Index:
Kayla Rydzynski
David Rydzynski
11 Overton Court
Lancaster, New York 14086
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, or, if the Complaint is not served with a Summons, to serve
a Notice of Appearance, on Plaintiffs' attorneys within twenty (20) days after the service of
this Summons, exclusive of the day of service, or within thirty (30) days after completion
of service where service is made in any other manner than by personal delivery within the
State of New York. In case of your failure to appear or answer, judgment will be taken
against you by default for the relief demanded in the Complaint. Venue is based upon
plaintiffs residence.
Dated: March 19, 2024
Dennis J. Bischof, LLC
6720 Main Street, Suite 250
Williamsville, New York 14221
(716)630-6500
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE COMPLAINT
Craig Fraid
Plaintiff
v. Index:
Kayla Rydzynski
David Rydzynski
Defendants
Plaintiff, by his attorney, Dennis J. Bischof, LLC, for his complaint against the
Defendants herein alleges:
1. At all times material hereto, Plaintiff was and remains a resident of Erie
County, New York.
2. At all times material hereto Defendants were and remain residents of the
State of New York.
3. At all times material hereto Defendant Kayla Rydzynski was operating a
motor vehicle with the permission and consent of the vehicle's owner, Defendant David
r
Rydzynski.
4. At all times material hereto Plaintiff was the owner and operator of a
motor vehicle.
5. At all times material hereto, the motor vehicle collision referenced herein
occurred upon a public roadway located within the State of New York.
6. On or about October 24, 2023, Defendant Rydzynski traveling northbound
on Transit Road made a left turn towards Broadway failing to yield the right-of-way for
plaintiff's vehicle, striking plaintiff's vehicle head on. Defendant violated VTL sections
1140,1141, and 1212 failing to yield the right of way while attempting a left hand turn.
Defendant's failure to observe the standard imposed by statute constitutes negligence.
See PJI 2:26; Martin v Herzog, 228 NY 164. Defendant failed to see what was there to
be seen. Thus, defendant was negligent in failing to look or in not looking carefully. PJI
{
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FILED: ERIE COUNTY CLERK 03/19/2024 11:19 AM INDEX NO. 804094/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/19/2024
2:77.1; Weigand v United Traction Co., 221 NY 39; Le Claire v Pratt, 270 AD2d 612;
Duffy v Chautauqua, 225 AD2d 261. Defendant was negligent as a matter of law in
failing to see that which she should have seen through the proper use of his senses. Id.
Citing Bongiovi v. Hoffman, supra; Spatola v. Gelco Corp., 5 A.D.3d 469; Breslin v.
Rudden, 291 A.D.2d 471; Agin v, Rehfeldt, supra; Stiles v. County of Dutchess, supra;
Zambrano v. Pilhwan Seok, supra; Bolta v. Lohan, 242 A.D.2d 356; Weigand v. United
Traction Co., 221 N.Y. 39. The sole factors contributing to the collision listed on the MV-
104A police accident report is failure to yield right-of-way (box 19 #7).
7. The aforesaid motor vehicle collision and injuries resulting therefrom to
the Plaintiff were caused solely by the reason of the negligence, carelessness, and
recklessness on the part of the Defendants, with no negligence on the part of the
Plaintiff contributing thereto.
8. As a result of the aforesaid motor vehicle collision Plaintiff has sustained a
serious injury as defined in subsections 5102 and 5104 of the Insurance Law of the State
of New York.
9. As a result of the aforesaid motor vehicle collision Plaintiff has sustained
economic loss greater than basic economic loss as defined in subsection 5102 of the
Insurance Law of the State of New York.
10. The negligence, recklessness and carelessness on the part of the Defendant
consisted of, among other things in needlessly endangering the plaintiff; in violating
numerous safety rules; in failing to operate defendant's motor vehicle in a safe manner
upon public roads; in operating the vehicle at an excessive and unlawful, dangerous
rate of speed; in failing to yield the right of way; in failing to see what was there to be
seen; in violating the Vehicle and Traffic Law as the Court will charge; negligent
supervision; negligent entrustment; in failing to have defendant's vehicle under proper
control; in failing to observe; in being distracted. Defendants negligently, recklessly,
and carelessly managed, operated and maintained the motor vehicles at the
aforementioned time and place; operated the motor vehicles without keeping the
proper look out; failed to properly brake and steer the motor vehicles; failed to yield the
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FILED: ERIE COUNTY CLERK 03/19/2024 11:19 AM INDEX NO. 804094/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/19/2024
right of way; failed to give adequate notice of his or her approach; failed to see whether
there was adequate time and space in which to continue her movement with safety;
failed to sound any horn or any other signal to warn other users of the highway of his
approach; failed to comply with the statutes and ordinances of the State of New York
relative to the operation of the motor vehicle upon the highways of the State of New
York as the Court will charge; and were otherwise negligent, careless and reckless.
11. By reason of the foregoing negligence, carelessness and recklessness on
the part of the Defendant, Plaintiff was severely injured, bruised and wounded;
suffered and still suffers and will continue to suffer for sometime to come great physical
and mental pain and great bodily injuries; has become sick, sore, lame and disabled and
so remains and has been and will be unable to attended to his usual occupation for a
considerable period of time some or all of which injuries Plaintiff believes are
permanent in nature. Plaintiffs claim is limited to bodily injury, non-economic losses,
conscious pain and suffering, lost wages and loss of enjoyment of life. Plaintiff is not
seeking reimbursement for expenses otherwise covered by insurance. Plaintiffs claims
do not seek recovery in connection with any potential subrogation rights of any
individuals, corporations, insurance carriers, or other entities.
12. By reason of the foregoing, Plaintiff has been damaged in an amount that
exceeds the jurisdictional limits of all lower courts.
13. Plaintiff is not seeking reimbursement for expenses otherwise covered by
insurance. Plaintiffs claims do not seek recovery in connection with any potential
subrogation rights of any individuals, corporations, insurance carriers, or other entities.
14. This action falls within one or more of the exceptions set forth in CPLR
§1602.
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FILED: ERIE COUNTY CLERK 03/19/2024 11:19 AM INDEX NO. 804094/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/19/2024
WHEREFORE, Plaintiff demands judgment against the Defendant for all causes
of action alleged herein in a sum to be determined by a jury upon trial of this action; the
costs and disbursements of this action, and such other and further relief the court deems
just and proper.
DatedjMarch 19,2024
Dennis J. Bischof] Esq.
Dennis J. BischofJ LLC
6720 Main Street, Suite 250
Williamsville, New York 14221
(716) 630-6500
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FILED: ERIE COUNTY CLERK 03/19/2024 11:19 AM INDEX NO. 804094/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
Craig Fraid
Plaintiff
v. Index:
Kayla Rydzynski
David Rydzynski
Defendants
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced
by filing of the accompanying documents with the County Clerk, is subject to
mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the
Trial Courts. This notice is being served as required by Subdivision (b) (3) of that
Section. The New York State Courts Electronic Filing System ("NYSCEF") is designed
for the electronic filing of documents with the County Clerk and the court and for the
electronic service-of those documents, court documents, and court notices upon counsel
and self-represented parties. Counsel and/or parties who do not notify the court of a
claimed exemption (see below) as required by Section 202.5-bb(e) must immediately
record their representation within the e-filed matter on the Consent page in NYSCEF.
Failure to do so may result in an inability to receive electronic notice of document
filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in
good faith that they lack the computer equipment and (along with all employees) the
requisite knowledge to comply; and 2) self-represented parties who choose not to
participate in e-filing. For additional information about electronic filing, including
access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/ efile or
contact the NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us.
Dated: March 19, 2024
Dennis J. Bischof, B.LC
6720 Main Street, Sfuite 250
Williamsville, New York 14221
(716) 630-6500
dennis@bischoflawfirm.com
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Preview
FILED: ERIE COUNTY CLERK 03/19/2024 11:19 AM INDEX NO. 804094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE SUMMONS Craig Fraid 4572 Broadway Depew, New York 14043 Plaintiff v. Index: Kayla Rydzynski David Rydzynski 11 Overton Court Lancaster, New York 14086 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, or, if the Complaint is not served with a Summons, to serve a Notice of Appearance, on Plaintiffs' attorneys within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State of New York. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Venue is based upon plaintiffs residence. Dated: March 19, 2024 Dennis J. Bischof, LLC 6720 Main Street, Suite 250 Williamsville, New York 14221 (716)630-6500 1 of 6 FILED: ERIE COUNTY CLERK 03/19/2024 11:19 AM INDEX NO. 804094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE COMPLAINT Craig Fraid Plaintiff v. Index: Kayla Rydzynski David Rydzynski Defendants Plaintiff, by his attorney, Dennis J. Bischof, LLC, for his complaint against the Defendants herein alleges: 1. At all times material hereto, Plaintiff was and remains a resident of Erie County, New York. 2. At all times material hereto Defendants were and remain residents of the State of New York. 3. At all times material hereto Defendant Kayla Rydzynski was operating a motor vehicle with the permission and consent of the vehicle's owner, Defendant David r Rydzynski. 4. At all times material hereto Plaintiff was the owner and operator of a motor vehicle. 5. At all times material hereto, the motor vehicle collision referenced herein occurred upon a public roadway located within the State of New York. 6. On or about October 24, 2023, Defendant Rydzynski traveling northbound on Transit Road made a left turn towards Broadway failing to yield the right-of-way for plaintiff's vehicle, striking plaintiff's vehicle head on. Defendant violated VTL sections 1140,1141, and 1212 failing to yield the right of way while attempting a left hand turn. Defendant's failure to observe the standard imposed by statute constitutes negligence. See PJI 2:26; Martin v Herzog, 228 NY 164. Defendant failed to see what was there to be seen. Thus, defendant was negligent in failing to look or in not looking carefully. PJI { 2 of 6 FILED: ERIE COUNTY CLERK 03/19/2024 11:19 AM INDEX NO. 804094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/19/2024 2:77.1; Weigand v United Traction Co., 221 NY 39; Le Claire v Pratt, 270 AD2d 612; Duffy v Chautauqua, 225 AD2d 261. Defendant was negligent as a matter of law in failing to see that which she should have seen through the proper use of his senses. Id. Citing Bongiovi v. Hoffman, supra; Spatola v. Gelco Corp., 5 A.D.3d 469; Breslin v. Rudden, 291 A.D.2d 471; Agin v, Rehfeldt, supra; Stiles v. County of Dutchess, supra; Zambrano v. Pilhwan Seok, supra; Bolta v. Lohan, 242 A.D.2d 356; Weigand v. United Traction Co., 221 N.Y. 39. The sole factors contributing to the collision listed on the MV- 104A police accident report is failure to yield right-of-way (box 19 #7). 7. The aforesaid motor vehicle collision and injuries resulting therefrom to the Plaintiff were caused solely by the reason of the negligence, carelessness, and recklessness on the part of the Defendants, with no negligence on the part of the Plaintiff contributing thereto. 8. As a result of the aforesaid motor vehicle collision Plaintiff has sustained a serious injury as defined in subsections 5102 and 5104 of the Insurance Law of the State of New York. 9. As a result of the aforesaid motor vehicle collision Plaintiff has sustained economic loss greater than basic economic loss as defined in subsection 5102 of the Insurance Law of the State of New York. 10. The negligence, recklessness and carelessness on the part of the Defendant consisted of, among other things in needlessly endangering the plaintiff; in violating numerous safety rules; in failing to operate defendant's motor vehicle in a safe manner upon public roads; in operating the vehicle at an excessive and unlawful, dangerous rate of speed; in failing to yield the right of way; in failing to see what was there to be seen; in violating the Vehicle and Traffic Law as the Court will charge; negligent supervision; negligent entrustment; in failing to have defendant's vehicle under proper control; in failing to observe; in being distracted. Defendants negligently, recklessly, and carelessly managed, operated and maintained the motor vehicles at the aforementioned time and place; operated the motor vehicles without keeping the proper look out; failed to properly brake and steer the motor vehicles; failed to yield the 3 of 6 FILED: ERIE COUNTY CLERK 03/19/2024 11:19 AM INDEX NO. 804094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/19/2024 right of way; failed to give adequate notice of his or her approach; failed to see whether there was adequate time and space in which to continue her movement with safety; failed to sound any horn or any other signal to warn other users of the highway of his approach; failed to comply with the statutes and ordinances of the State of New York relative to the operation of the motor vehicle upon the highways of the State of New York as the Court will charge; and were otherwise negligent, careless and reckless. 11. By reason of the foregoing negligence, carelessness and recklessness on the part of the Defendant, Plaintiff was severely injured, bruised and wounded; suffered and still suffers and will continue to suffer for sometime to come great physical and mental pain and great bodily injuries; has become sick, sore, lame and disabled and so remains and has been and will be unable to attended to his usual occupation for a considerable period of time some or all of which injuries Plaintiff believes are permanent in nature. Plaintiffs claim is limited to bodily injury, non-economic losses, conscious pain and suffering, lost wages and loss of enjoyment of life. Plaintiff is not seeking reimbursement for expenses otherwise covered by insurance. Plaintiffs claims do not seek recovery in connection with any potential subrogation rights of any individuals, corporations, insurance carriers, or other entities. 12. By reason of the foregoing, Plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower courts. 13. Plaintiff is not seeking reimbursement for expenses otherwise covered by insurance. Plaintiffs claims do not seek recovery in connection with any potential subrogation rights of any individuals, corporations, insurance carriers, or other entities. 14. This action falls within one or more of the exceptions set forth in CPLR §1602. 4 of 6 FILED: ERIE COUNTY CLERK 03/19/2024 11:19 AM INDEX NO. 804094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/19/2024 WHEREFORE, Plaintiff demands judgment against the Defendant for all causes of action alleged herein in a sum to be determined by a jury upon trial of this action; the costs and disbursements of this action, and such other and further relief the court deems just and proper. DatedjMarch 19,2024 Dennis J. Bischof] Esq. Dennis J. BischofJ LLC 6720 Main Street, Suite 250 Williamsville, New York 14221 (716) 630-6500 5 of 6 FILED: ERIE COUNTY CLERK 03/19/2024 11:19 AM INDEX NO. 804094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE Craig Fraid Plaintiff v. Index: Kayla Rydzynski David Rydzynski Defendants NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service-of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/ efile or contact the NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us. Dated: March 19, 2024 Dennis J. Bischof, B.LC 6720 Main Street, Sfuite 250 Williamsville, New York 14221 (716) 630-6500 dennis@bischoflawfirm.com 6 of 6