Preview
FILED: QUEENS COUNTY CLERK 03/26/2024 03:10 PM INDEX NO. 706476/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024
OUR FILE# 2300714
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------------------------------------------------------------X Index No.:
KATHERIN AJEMBA Date Purchased:
SUMMONS
Plaintiff(s),
The basis of venue
-against-
is:
DEFENDANT'S
WAI-HAI C. LEE AND WING F LEE RESIDENCE
Defendant(s). Plaintiffresides at:
66 Clay Street
Brooklyn, NY 11222
____________________________________________------Ç
County of Kings
PLAINTIFF DESIGNATES QUEENS COUNTY AS PLACE OF TRIAL
TO THE ABOVE NAMED DEFENDANT(s):
YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of appearance
on plaintiff s attorneys within 20 days after service ofthis summons, exclusive of the day of service,
or within 30 days after service is complete if this summons is not personally delivered to you within
the State of New York. In case of your failure to answer, Judgment will be taken against you by
default for the relief demanded in the Complaint.
DATED: Queens, New York
December 27, 2023
D/A: November 24, 2023
Yours, etc.,
ea Gee Ms MAL
Attorney for Plaintiff(s)
SSMAN
163-09 Northern Boulevard
Flushing, New York 11358
. R-2. Tel: (718) 461-6633
Our File No. 2300714
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FILED: QUEENS COUNTY CLERK 03/26/2024 03:10 PM INDEX NO. 706476/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-------------------------------------------------------------------------X Index No.:
KATHERIN AJEMBA VERIFIED COMPLAINT
Plaintiff(s),
-against-
WAI-HAI C. LEE AND WING F LEE
Defendant(s).
___________________..--________________________------------___---_________Ç
Plaintiff, KATHERIN AJEMBA by her attorneys, MALLILO & GROSSMAN, ESQS,
complaining of the defendants herein, respectfully show to the Court and allege:
1. That this plaintiff, KATHERIN AJEMBA was and still is a resident of the County of
Kings and State of New York.
2. That defendant, WAI-HAI C. LEE, was and still is a resident of the County of Queens,
City and State of New York.
3. That defendant, WING F LEE, was and still is a resident of the County of Queens,
City and State of New York.
4. That at all times hereinafter mentioned, the plaintiff was a pedestrian when struck by
a motor vehicle owned by WAI-HAI C. LEE.
5. Upon information and belief that at all times hereinafter mentioned, at or near the
intersection of at or near the intersection of Myrtle Avenue and Flatbush Avenue Ext, in the County
of Kings and State of New York were and still are public thoroughfares located in said State of New
York.
6. Upon information and belief that at all times hereinafter mentioned, a certain motor
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FILED: QUEENS COUNTY CLERK 03/26/2024 03:10 PM INDEX NO. 706476/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024
vehicle bearing registration number AXT1235, 2000 Mercedes Benz, in the State of New York was
owned by the defendant, WAI-HAI C. LEE.
7. Upon information and belief that at all times hereinafter mentioned, a certain motor
vehicle bearing registration number AXTl235, 2000 Mercedes Benz, in the State of New York was
operated by the defendant, WING F LEE.
8. That on November 24, 2023 the aforesaid motor vehicle of the defendant was in
contact with the plaintiff, KATHERIN AJEMBA.
9, That said contact took place at or near the intersection of Myrtle Avenue and Flatbush
Avenue Ext in the County of Kings, City and State of New York.
10. That the aforesaid collision occurred without any fault or negligence on the part of the
plaintiff contributing thereto and was caused solely and wholly by the defendants negligence.
11. That the defendant was negligent in the operation, maintenance, management and
control of their motor vehicle, in causing, permitting and allowing them to come in contact with the
plaintiff; in failing to give due and proper warning of the movements of their said motor vehicle in
order to avoid the accident; in operating their motor vehicle at an excessive rate of speed; in failing to
keep a proper lookout upon the highway; and in so operating the said motor vehicle as to cause the
same to come into contact, in violation of the statutes, ordinances and regulations in such cases made
and provided.
12. That as a result of the foregoing contact the plaintiff, KATHERIN AJEMBA was
caused to be injured.
13. That as a result of the foregoing, the plaintiff KATHERIN AJEMBA was caused to
injury"
suffer a "serious as that term is defined in subdivision 4 of Section 5102 of the Insurance Law
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FILED: QUEENS COUNTY CLERK 03/26/2024 03:10 PM INDEX NO. 706476/2024
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of the State of New York, and being a covered person and claiming against a covered person, is
entitled to recover for noneconomic loss, including pain, suffering and disfigurement and is entitled
to recover for such economic loss as exceeds basic economic.
14. That by reason of the premises and wrongful acts and omissions on the part of the
defendants as aforesaid, the plaintiff, KATHERIN AJEMBA, has suffered and will continue to suffer,
pain and agony in mind and body and were unable to attend to her duties, all to her damage in the
sum which exceeds the jurisdictional limits of all lower courts, which would otherwise have
jurisdiction.
WHEREFORE, the plaintiff demands judgment against the defendants in the first cause of
action and the amount of damages sought exceeds the jurisdictional limits of all lower courts, which
would otherwise have jurisdiction, together with the costs and disbursements of this action.
DATED: Queens, New York
December 27, 2023
.
fACK G OS , ESQ.
MALL & GROSSMAN
Attorney for Plaintiff(s)
163-09 Northern Boulevard
Flushing, New York 11358
Tel: (718) 461-6633
Our File No. 2300714
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FILED: QUEENS COUNTY CLERK 03/26/2024 03:10 PM INDEX NO. 706476/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024
ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
)SS.:
COUNTY OF QUEENS )
I, the undersigned, an attomey admitted to practice in the Courts of New York State,
state that I am the attomey of record for plaintiff in the within action; I have read the foregoing
SUMMONS AND 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 as to those matters I believe it to be true. The reason this verification is made by me and not by
the plaintiff is because plaintiff does not reside where your deponent maintains his office, to wit:
Queens County.
The grounds for my belief as to all matters not stated upon my own knowledge are as
follows: by the records I keep.
I affirm that the foregoing statements are true, under the penalties of perjury.
Dated: Flushing, New York
J C GROSS
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024
OUR FILE# 2300714
Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
KATHERIN AJEMBA
Plaintiff(s),
-against-
WAI-HAI C. LEE AND WING F LEE
Defendant(s).
SUMMONS AND VERIFIED COMPLAINT
MALLILO & GROSSMAN
Attorneys for Plaintiff(s)
163-09 Northern Blyd
Flushing, NY 11358
Tel: (718) 461-6633
Fax: (718) 461-1062
Pursuant to 22 NYCRR 130-1.1A, the undersigned, an attorney admitted to practice in the courts of New York State,
certifiesthat, upon information and belief and reasonable inquiry, (1) the contentions contained in the annexed
document are not frivolous and that (2) if the annexed document is an initiating pleading, (i) the matter was not
obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are
not participating in the matter or sharing in any fee earned therefrom and that (ii) if the matter involves potential claims
for personal injury or wrongful death, the matter was not obtained in violation of 22 NYCRR 1200.41-a.
Dated: December 27, 2023 Signature
Jack Grossman, Esq.
To:
6 of 6
Preview
FILED: QUEENS COUNTY CLERK 03/26/2024 03:10 PM INDEX NO. 706476/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 OUR FILE# 2300714 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------------X Index No.: KATHERIN AJEMBA Date Purchased: SUMMONS Plaintiff(s), The basis of venue -against- is: DEFENDANT'S WAI-HAI C. LEE AND WING F LEE RESIDENCE Defendant(s). Plaintiffresides at: 66 Clay Street Brooklyn, NY 11222 ____________________________________________------Ç County of Kings PLAINTIFF DESIGNATES QUEENS COUNTY AS PLACE OF TRIAL TO THE ABOVE NAMED DEFENDANT(s): YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of appearance on plaintiff s attorneys within 20 days after service ofthis summons, exclusive of the day of service, or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, Judgment will be taken against you by default for the relief demanded in the Complaint. DATED: Queens, New York December 27, 2023 D/A: November 24, 2023 Yours, etc., ea Gee Ms MAL Attorney for Plaintiff(s) SSMAN 163-09 Northern Boulevard Flushing, New York 11358 . R-2. Tel: (718) 461-6633 Our File No. 2300714 1 of 6 FILED: QUEENS COUNTY CLERK 03/26/2024 03:10 PM INDEX NO. 706476/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------------------------------------------------------------------------X Index No.: KATHERIN AJEMBA VERIFIED COMPLAINT Plaintiff(s), -against- WAI-HAI C. LEE AND WING F LEE Defendant(s). ___________________..--________________________------------___---_________Ç Plaintiff, KATHERIN AJEMBA by her attorneys, MALLILO & GROSSMAN, ESQS, complaining of the defendants herein, respectfully show to the Court and allege: 1. That this plaintiff, KATHERIN AJEMBA was and still is a resident of the County of Kings and State of New York. 2. That defendant, WAI-HAI C. LEE, was and still is a resident of the County of Queens, City and State of New York. 3. That defendant, WING F LEE, was and still is a resident of the County of Queens, City and State of New York. 4. That at all times hereinafter mentioned, the plaintiff was a pedestrian when struck by a motor vehicle owned by WAI-HAI C. LEE. 5. Upon information and belief that at all times hereinafter mentioned, at or near the intersection of at or near the intersection of Myrtle Avenue and Flatbush Avenue Ext, in the County of Kings and State of New York were and still are public thoroughfares located in said State of New York. 6. Upon information and belief that at all times hereinafter mentioned, a certain motor 2 of 6 FILED: QUEENS COUNTY CLERK 03/26/2024 03:10 PM INDEX NO. 706476/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 vehicle bearing registration number AXT1235, 2000 Mercedes Benz, in the State of New York was owned by the defendant, WAI-HAI C. LEE. 7. Upon information and belief that at all times hereinafter mentioned, a certain motor vehicle bearing registration number AXTl235, 2000 Mercedes Benz, in the State of New York was operated by the defendant, WING F LEE. 8. That on November 24, 2023 the aforesaid motor vehicle of the defendant was in contact with the plaintiff, KATHERIN AJEMBA. 9, That said contact took place at or near the intersection of Myrtle Avenue and Flatbush Avenue Ext in the County of Kings, City and State of New York. 10. That the aforesaid collision occurred without any fault or negligence on the part of the plaintiff contributing thereto and was caused solely and wholly by the defendants negligence. 11. That the defendant was negligent in the operation, maintenance, management and control of their motor vehicle, in causing, permitting and allowing them to come in contact with the plaintiff; in failing to give due and proper warning of the movements of their said motor vehicle in order to avoid the accident; in operating their motor vehicle at an excessive rate of speed; in failing to keep a proper lookout upon the highway; and in so operating the said motor vehicle as to cause the same to come into contact, in violation of the statutes, ordinances and regulations in such cases made and provided. 12. That as a result of the foregoing contact the plaintiff, KATHERIN AJEMBA was caused to be injured. 13. That as a result of the foregoing, the plaintiff KATHERIN AJEMBA was caused to injury" suffer a "serious as that term is defined in subdivision 4 of Section 5102 of the Insurance Law 3 of 6 FILED: QUEENS COUNTY CLERK 03/26/2024 03:10 PM INDEX NO. 706476/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 of the State of New York, and being a covered person and claiming against a covered person, is entitled to recover for noneconomic loss, including pain, suffering and disfigurement and is entitled to recover for such economic loss as exceeds basic economic. 14. That by reason of the premises and wrongful acts and omissions on the part of the defendants as aforesaid, the plaintiff, KATHERIN AJEMBA, has suffered and will continue to suffer, pain and agony in mind and body and were unable to attend to her duties, all to her damage in the sum which exceeds the jurisdictional limits of all lower courts, which would otherwise have jurisdiction. WHEREFORE, the plaintiff demands judgment against the defendants in the first cause of action and the amount of damages sought exceeds the jurisdictional limits of all lower courts, which would otherwise have jurisdiction, together with the costs and disbursements of this action. DATED: Queens, New York December 27, 2023 . fACK G OS , ESQ. MALL & GROSSMAN Attorney for Plaintiff(s) 163-09 Northern Boulevard Flushing, New York 11358 Tel: (718) 461-6633 Our File No. 2300714 4 of 6 FILED: QUEENS COUNTY CLERK 03/26/2024 03:10 PM INDEX NO. 706476/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) )SS.: COUNTY OF QUEENS ) I, the undersigned, an attomey admitted to practice in the Courts of New York State, state that I am the attomey of record for plaintiff in the within action; I have read the foregoing SUMMONS AND 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 as to those matters I believe it to be true. The reason this verification is made by me and not by the plaintiff is because plaintiff does not reside where your deponent maintains his office, to wit: Queens County. The grounds for my belief as to all matters not stated upon my own knowledge are as follows: by the records I keep. I affirm that the foregoing statements are true, under the penalties of perjury. Dated: Flushing, New York J C GROSS 5 of 6 FILED: QUEENS COUNTY CLERK 03/26/2024 03:10 PM INDEX NO. 706476/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 OUR FILE# 2300714 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS KATHERIN AJEMBA Plaintiff(s), -against- WAI-HAI C. LEE AND WING F LEE Defendant(s). SUMMONS AND VERIFIED COMPLAINT MALLILO & GROSSMAN Attorneys for Plaintiff(s) 163-09 Northern Blyd Flushing, NY 11358 Tel: (718) 461-6633 Fax: (718) 461-1062 Pursuant to 22 NYCRR 130-1.1A, the undersigned, an attorney admitted to practice in the courts of New York State, certifiesthat, upon information and belief and reasonable inquiry, (1) the contentions contained in the annexed document are not frivolous and that (2) if the annexed document is an initiating pleading, (i) the matter was not obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are not participating in the matter or sharing in any fee earned therefrom and that (ii) if the matter involves potential claims for personal injury or wrongful death, the matter was not obtained in violation of 22 NYCRR 1200.41-a. Dated: December 27, 2023 Signature Jack Grossman, Esq. To: 6 of 6