Preview
FILED: ERIE COUNTY CLERK 03/26/2024 03:54 PM INDEX NO. 804439/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
AVRANGZEB TOJZAI
407 Callodine Avenue
Buffalo, New York 14226
Plaintiff,
SUMMONS
VS.
REILLY W. O'GORMAN
10051 Fair Street
Dalton, New York 14836
BRYNN V. PERKINS
10524 Oak Hill Road
Dansville, New York 14437
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 this 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 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.
This action is commenced in Erie County based upon the location of Plaintiffs
residence.
DATED: March 26, 2024
Buffalo, New York
LIPSITZ GREEN SCIME CAMBRIA LLP
By:
ITTANY E. MORGAN, ESQ.
Attorneys for Plaintiff
42 Delaware Avenue, Suite 120
Buffalo, New York 14202-3924
Tel No: (716) 849-1333
[BEM: #071775.0001]
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FILED: ERIE COUNTY CLERK 03/26/2024 03:54 PM INDEX NO. 804439/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
AVRANGZEB TOJZAI,
COMPLAINT
Plaintiff,
VS. Index No.
REILLY W. O'GORMAN and
BRYNN V. PERKINS,
Defendants.
Plaintiff, above named, by his attorneys LIPSITZ GREEN SCIME CAMBRIA LLP,
for his Complaint against the defendants, alleges:
AS AND FOR A FIRST CAUSE OF ACTION,
AGAINST DEFENDANTS, REILLY W. O'GORMAN and BRYNN V. PERKINS
THE PLAINTIFF, AVRANGZEB TOJZAI, ALLEGES:
1. The plaintiff, AVRANGZEB TOJZAI, at all times hereinafter mentioned, was
and still is a resident of the City of Buffalo, located within the County of Erie and in the
State of New York.
2. Upon information and belief, at the time of the herein incident, the
defendant, REILLY W. O'GORMAN, was a resident of the City of Buffalo, within the
County of Erie and the State of New York and currently resides in the Town of Dalton,
within the County of Livingston and the State of New York.
3. Upon information and belief, at the time of the herein incident, the
defendant, BRYNN V. PERKINS, was a resident of the Town of Dalton, within the County
of Livingston and the State of New York and currently resides in the Village of Dansville,
within the County of Livingston and the State of New York.
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4. Upon information and belief, at all times hereinafter mentioned, the
Defendant, BRYNN V. PERKINS, was the owner of a certain 2007 Pontiac motor vehicle
bearing New York State license plate number KSA2892.
5. Upon information and belief, at all times hereinafter mentioned, the
defendant, REILLY W. O'GORMAN, was the operator of a certain 2007 Pontiac motor
vehicle bearing New York State license plate number KSA2892.
6. Upon information and belief, at all times hereinafter mentioned, the
Defendant, BRYNN V. PERKINS, registered the aforesaid vehicle bearing New York
license plate KSA2892.
7. Upon information and belief, at all times hereinafter mentioned, the
Defendant, REILLY W. O'GORMAN, operated the vehicle alleged to have been owned
by the Defendant, BRYNN V. PERKINS, with the permission and consent of the
Defendant-owner.
8. On or about the 26th day of August, 2022, the plaintiff, AVRANGZEB
TOJZAI, was operating his vehicle on Englewood Avenue at a point near its intersection
with Fairfield Avenue, when his vehicle was struck by the vehicle operated by the
defendant, REILLY W. O'GORMAN.
9. Upon information and belief, the alleged incident, hereinbefore described,
was caused as a result of the negligent, careless, reckless and unlawful conduct on the
part of the defendants.
10. As a result of the alleged incident, the plaintiff, AVRANGZEB TOJZAI,
sustained bodily injuries and was painfully and seriously injured, and some of the injuries
may result in permanent defects; was rendered sick, sore, lame and disabled; sustained
pain and suffering and shock to his nerves and nervous system; was caused to and did
seek medical aid and attention; was caused to be confined to hospital, bed and home;
was caused to and did incur great medical expense and may incur further medical
expense; was caused to be incapacitated from his usual activities and employment, and
may be further incapacitated.
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11. Upon information and belief, the plaintiff, AVRANGZEB TOJZAI, has
sustained a serious injury as defined by Section 5102 of the New York State Insurance
Law, and has suffered basic economic loss as well as other economic loss as special
damages.
12. Pursuant to Section 388 of the Vehicle and Traffic Law of the State of New
York, the defendant-owner, BRYNN V. PERKINS, is liable and responsible for the acts of
negligence of the defendant-driver, REILLY W. O'GORMAN, as set forth above.
13. Upon information and belief, the defendant, BRYNN V. PERKINS
negligently entrusted her vehicle to REILLY W. O'GORMAN.
14. This action falls within one or more of the exceptions set forth in CPLR §
1602.
15. As a result of the foregoing, the plaintiff has sustained general and special
damages in an amount that exceeds the jurisdictional limits of all lower courts that would
otherwise have jurisdiction.
WHEREFORE, the plaintiff demands judgment against the defendants, either
jointly or severally, in the First Cause of Action in an amount which exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction; and for
such other, further or different relief as the Court may deem just and proper, together with
the costs and disbursements of the action.
DATED: March 26, 2024
Buffalo, New York
LIPSITZ GREEN SCIME CAMBRIA LLP
By:
BRITTANY E. MORGAN, ESQ.
Attorneys for Plaintiff
42 Delaware Avenue, Suite 120
Buffalo, New York 14202
Tel.: (716) 849-1333
[BEM: # 071775.0001]
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Preview
FILED: ERIE COUNTY CLERK 03/26/2024 03:54 PM INDEX NO. 804439/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE AVRANGZEB TOJZAI 407 Callodine Avenue Buffalo, New York 14226 Plaintiff, SUMMONS VS. REILLY W. O'GORMAN 10051 Fair Street Dalton, New York 14836 BRYNN V. PERKINS 10524 Oak Hill Road Dansville, New York 14437 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 this 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 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. This action is commenced in Erie County based upon the location of Plaintiffs residence. DATED: March 26, 2024 Buffalo, New York LIPSITZ GREEN SCIME CAMBRIA LLP By: ITTANY E. MORGAN, ESQ. Attorneys for Plaintiff 42 Delaware Avenue, Suite 120 Buffalo, New York 14202-3924 Tel No: (716) 849-1333 [BEM: #071775.0001] 1 of 4 FILED: ERIE COUNTY CLERK 03/26/2024 03:54 PM INDEX NO. 804439/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE AVRANGZEB TOJZAI, COMPLAINT Plaintiff, VS. Index No. REILLY W. O'GORMAN and BRYNN V. PERKINS, Defendants. Plaintiff, above named, by his attorneys LIPSITZ GREEN SCIME CAMBRIA LLP, for his Complaint against the defendants, alleges: AS AND FOR A FIRST CAUSE OF ACTION, AGAINST DEFENDANTS, REILLY W. O'GORMAN and BRYNN V. PERKINS THE PLAINTIFF, AVRANGZEB TOJZAI, ALLEGES: 1. The plaintiff, AVRANGZEB TOJZAI, at all times hereinafter mentioned, was and still is a resident of the City of Buffalo, located within the County of Erie and in the State of New York. 2. Upon information and belief, at the time of the herein incident, the defendant, REILLY W. O'GORMAN, was a resident of the City of Buffalo, within the County of Erie and the State of New York and currently resides in the Town of Dalton, within the County of Livingston and the State of New York. 3. Upon information and belief, at the time of the herein incident, the defendant, BRYNN V. PERKINS, was a resident of the Town of Dalton, within the County of Livingston and the State of New York and currently resides in the Village of Dansville, within the County of Livingston and the State of New York. 2 of 4 FILED: ERIE COUNTY CLERK 03/26/2024 03:54 PM INDEX NO. 804439/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 4. Upon information and belief, at all times hereinafter mentioned, the Defendant, BRYNN V. PERKINS, was the owner of a certain 2007 Pontiac motor vehicle bearing New York State license plate number KSA2892. 5. Upon information and belief, at all times hereinafter mentioned, the defendant, REILLY W. O'GORMAN, was the operator of a certain 2007 Pontiac motor vehicle bearing New York State license plate number KSA2892. 6. Upon information and belief, at all times hereinafter mentioned, the Defendant, BRYNN V. PERKINS, registered the aforesaid vehicle bearing New York license plate KSA2892. 7. Upon information and belief, at all times hereinafter mentioned, the Defendant, REILLY W. O'GORMAN, operated the vehicle alleged to have been owned by the Defendant, BRYNN V. PERKINS, with the permission and consent of the Defendant-owner. 8. On or about the 26th day of August, 2022, the plaintiff, AVRANGZEB TOJZAI, was operating his vehicle on Englewood Avenue at a point near its intersection with Fairfield Avenue, when his vehicle was struck by the vehicle operated by the defendant, REILLY W. O'GORMAN. 9. Upon information and belief, the alleged incident, hereinbefore described, was caused as a result of the negligent, careless, reckless and unlawful conduct on the part of the defendants. 10. As a result of the alleged incident, the plaintiff, AVRANGZEB TOJZAI, sustained bodily injuries and was painfully and seriously injured, and some of the injuries may result in permanent defects; was rendered sick, sore, lame and disabled; sustained pain and suffering and shock to his nerves and nervous system; was caused to and did seek medical aid and attention; was caused to be confined to hospital, bed and home; was caused to and did incur great medical expense and may incur further medical expense; was caused to be incapacitated from his usual activities and employment, and may be further incapacitated. 2 3 of 4 FILED: ERIE COUNTY CLERK 03/26/2024 03:54 PM INDEX NO. 804439/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 11. Upon information and belief, the plaintiff, AVRANGZEB TOJZAI, has sustained a serious injury as defined by Section 5102 of the New York State Insurance Law, and has suffered basic economic loss as well as other economic loss as special damages. 12. Pursuant to Section 388 of the Vehicle and Traffic Law of the State of New York, the defendant-owner, BRYNN V. PERKINS, is liable and responsible for the acts of negligence of the defendant-driver, REILLY W. O'GORMAN, as set forth above. 13. Upon information and belief, the defendant, BRYNN V. PERKINS negligently entrusted her vehicle to REILLY W. O'GORMAN. 14. This action falls within one or more of the exceptions set forth in CPLR § 1602. 15. As a result of the foregoing, the plaintiff has sustained general and special damages in an amount that exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. WHEREFORE, the plaintiff demands judgment against the defendants, either jointly or severally, in the First Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction; and for such other, further or different relief as the Court may deem just and proper, together with the costs and disbursements of the action. DATED: March 26, 2024 Buffalo, New York LIPSITZ GREEN SCIME CAMBRIA LLP By: BRITTANY E. MORGAN, ESQ. Attorneys for Plaintiff 42 Delaware Avenue, Suite 120 Buffalo, New York 14202 Tel.: (716) 849-1333 [BEM: # 071775.0001] 3 4 of 4