Preview
FILED: BRONX COUNTY CLERK 04/11/2024 03:36 PM INDEX NO. 805981/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024
SUPREME COURT OF THE STATE OF NEW YORK SUMMONS
COUNTY OF BRONX
___________________________________________________________________
KENLLY H. ROSARIO REYNOSO
BRONX County as the place of
Plaintiff(s),
The basis of the venue is
-against-
Plaintiff Residence
MAMADOU H. NIAMBELE and AMERICAN UNITED
Plaintiff(s) reside at
TRANSPORTATION INC.,
937 Summit Avenue
Bronx, New York 10452
Defendant(s).
___________________________________________________________________Ç
Date Summons &
Complaint Filed:
To the above named Defendant(s)
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 attorney(s) within twenty days after the services of this summons exclusive of the day of
service, where service is made by delivery upon you personally within the state, or within 30 days after
completion of service where service is made in any other manner. In case of your failure to appear or
answer, judgment will be taken against you by default for the relief demanded in the co plaint.
Dated: Port Washington, New York
April 11, 2024
By:
Craig H. 4fj der
Parker Waichman LLP
Office & Post Office Address:
6 Harbor Park Drive
Port Washington, NY 11050
(516) 466-6500
Our File # 2112820
TO: Mamadou H. Niambele
137th
118 West Street, Apartment 2A
New York, New York 10030
American United Transportation Inc.
640 S Conduit Boulevard
Brooklyn, New York 11208
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SUPREME COURT OF THE STATE OF NEW Y ORK
COUNTY OF BRONX
___________________________..___________Ç
KENLLY H. ROSARIO REYNOSO
VERIFIED COMPLAINT
Index #
Plaintiff(s),
-against-
MAMADOU H. NIAMBELE and AMERICAN UNITED
TRANSPORTATION INC.,
Defendant(s).
___..__________________________________Ç
Plaintiff, by his attorneys, Parker Waichman LLP, as and for a cause of action alleges upon
information and belief as follows:
1) At all times hereinafter mentioned, plaintiff was and still is a resident of the County
of Bronx, City and State of New York.
2) At all times hereinafter mentioned, defendant, Mamadou H. Niambele, was and
remains a resident of the County of New York, City and State of New York.
3) At all times hereinafter mentioned, defendant, American United Transportation
Inc., is a domestic business company duly authorized and existing under and by virtue of the laws
of the State of New York
4) That this action falls within one or more of the exceptions as set forth in CPLR
§1602, §1602(1), §1602(2), §1602(3), §1602(4), §1602(5), §1602(6), §1602(7), §1602(8),
§1602(9), §1602(10), §1602(11), and §1602(12) of the State of New York.
5) At all times hereinafter mentioned, defendant, American United Transportation
Inc., was the owner of a motor vehicle bearing New York State license plate number T663750C.
6) At all times hereinafter mentioned, defendant, American United Transportation
Inc., was the lessee of a motor vehicle bearing New York State license plate number T663750C.
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7) At all times hereinafter mentioned, defendant, Mamadou H. Niambele was an
employee of defendant, American United Transportation Inc.
8) At all times hereinafter mentioned, defendant, Mamadou H. Niambele, was the f
the motor vehicle bearing New York State license plate number T663750C.
9) At all times hereinafter mentioned, defendant, Mamadou H. Niambele, operated the
motor vehicle bearing New York State license plate number T663750C with the permission of
defendant, American United Transportation Inc.
10) At all times hereinafter mentioned, defendant, Mamadou H. Niambele, operated the
motor vehicle bearing New York State license plate number T663750C with the knowledge of the
defendant, American United Transportation Inc.
11) At all times hereinafter mentioned, defendant, Mamadou H. Niambele, operated the
motor vehicle bearing New York State license plate number T663750C with the consent of the
defendant, American United Transportation Inc.
12) At all times herein mentioned, Mamadou H. Niambele, operated the motor vehicle
bearing New York State license plate number T663750C within the scope of his employment with
the defendant American United Transportation Inc.
13) At all times hereinafter mentioned, defendant, Mamadou H. Niambele, managed
the motor vehicle bearing New York State license plate number T663750C.
14) At all times hereinafter mentioned, defendant, American United Transportation
Inc., managed the motor vehicle bearing New York State license plate number T663750C.
15) At all times hereinafter mentioned, defendant, Mamadou H. Niambele, maintained
the motor vehicle bearing New York State license plate number T663750C.
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16) At all times hereinafter mentioned, the defendant American United Transportation
Inc., maintained the motor vehicle bearing New York State license plate number T663750C.
17) At all times hereinafter mentioned, the defendant American United Transportation
Inc., controlled the motor vehicle bearing New York State license plate number T663750C.
18) At all times hereinafter mentioned, the defendant Mamadou H. Niambele,
controlled the motor vehicle bearing New York State license plate number T663750C.
19) At all times hereinafter mentioned, the defendant Mamadou H. Niambele, repaired
the motor vehicle bearing New York State license plate number T663750C.
20) At all times hereinafter mentioned, the defendant American United Transportation
Inc., repaired the motor vehicle bearing New York State license plate number T663750C.
21) At all times hereinafter mentioned, the defendant American United Transportation
Inc., inspected the motor vehicle bearing New York State license plate number T663750C.
22) At all times hereinafter mentioned, the defendant Mamadou H. Niambele, inspected
the motor vehicle bearing New York State license plate number T663750C.
23) At all times hereinafter mentioned, the defendant American United Transportation
Inc., supervised the motor vehicle bearing New York State license plate number T663750C.
24) At all times hereinafter mentioned, the defendant Mamadou H. Niambele,
supervised the the motor vehicle bearing New York State license plate number T663750C.
25) At all times hereinafter mentioned, University Avenue in the County of Bronx, City
and State of New York, was a public roadway and thoroughfare.
26) That on or about April 28, 2021, the plaintiff, Kenlly H. Rosario Reynoso, was a
lawful bicyclist riding on University Avenue in the County of Bronx, City and State of New York.
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27) That on or about April 28, 2021, the motor vehicle operated by defendant Mamadou
H. Niambele, improperly stopped and the passenger opened the vehicle door striking the plaintiff,
176th
Kently H. Rosario Reynoso, a bicyclist, on University Avenue 100 feet South of West
in the County of Bronx, City and State of New York.
28) That as a result of the aforesaid contact, plaintiff, Kenlly H. Rosario Reynoso,
sustained significant injuries and damages.
Defendants'
29) conduct was willful, wanton, reckless, malicious and/or exhibited a
gross indifference to and callous disregard for human life, safety, and the rights of others, and more
particularly the rights, life and safety of the plaintiff.
30) At all times hereinafter mentioned, the defendant actions were careless, reckless,
negligent in failing to observe the roadway, in failing to yield the right of way in driving an
excessive and dangerous rate of speed; in improperly stopping in a moving lane of traffic, in
allowing, causing and permitting their passenger to exit vehicle in an unsafe location; in stopping
and dropping off passenger without warning and heeding traffic including cyclists such as the
plaintiff herein; in failing to keep a lookout for cyclists; in improperly stopping and dropping off
passengers in a hazardous and dangerous manner; in failing to avoid contact with the plaintiff a
bicyclist, and in violating applicable New York Vehicle and Traffic Laws.
31) Due to the wanton, reckless, malicious and indifferent conduct of the defendants,
plaintiff demands punitive damages against defendants in an amount to be determined at trial.
32) That the aforesaid occurrence was caused wholly and solely by reason of the
negligence, carelessness, recklessness, wanton and gross negligence of the defendants, and without
any fault or negligence on the part of the plaintiff contributing thereto.
33) That by reason to the foregoing, plaintiff sustained severe, serious and permanent
personal injuries, became sick, sore, lame and disabled; suffered injury to his nervous system;
suffered mental anguish, was confined to bed and home and may, in the future, be so confined;
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was incapacitated from attending to his usual duties and vocation and may, in the future, be so
incapacitated; sustained a loss of quality and/or enjoyment of life, and plaintiff was otherwise
damaged.
34) The plaintiff has sustained serious injury as defined in Subdivision (d) of §5102 of
the Insurance Law-Recodification of the State of New York.
35) The plaintiff has sustained serious injury and economic loss greater than basic
economic loss so as to satisfy the exceptions of §5104 of the Insurance Law of the State of New
York.
36) The plaintiff is not seeking to recover any damages for which plaintiff has been
reimbursed by no-fault insurance and/or for which no-fault insurance is obligated to reimburse
plaintiff. Plaintiff is only seeking to recover those damages not recoverable through no-fault
insurance under the facts and circumstances in this action.
37) That by reason of the foregoing, plaintiff has been damaged in an amount which
exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
38) That at all times hereinafter mentioned, Plaintiff, Kenlly H. Rosario Reynoso,
repeats, reiterates and realleges each and every allegation contained in the paragraphs of this
Complaint herein, as though more fully set forth herein at length.
39) At all times hereinafter mentioned, the Defendant, American United Transportation
Inc., in its regular course of business, hired employees.
40) At all times hereinafter mentioned, the Defendant, American United Transportation
Inc., in its regular course of business, hired employees, and more particularly Defendant,
Mamadou H, Niambele.
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41) At all times hereinafter mentioned, the Defendant, American United Transportation
Inc., in its regular course of business, trained its employees, and more particularly Defendant,
Mamadou H, Niambele.
42) At all times hereinafter mentioned, the Defendant, American United Transportation
Inc., in its regular course of business, managed its employees, and more particularly Defendant,
Mamadou H, Niambele.
43) At all times hereinafter mentioned, the Defendant, American United Transportation
Inc., in its regular course of business, controlled its employees, and more particularly Defendant,
Mamadou H, Niambele.
44) At all times hereinafter mentioned, the Defendant, American United Transportation
Inc., in its regular course of business, supervised its employees, and more particularly Defendant,
Mamadou H, Niambele.
45) At all times hereinafter mentioned, the Defendant, American United Transportation
Inc., in its regular course of business, managed, controlled and supervised its employees.
46) At all times hereinafter mentioned, the Defendant, American United Transportation
Inc., in its regular course of business, managed, controlled and supervised its employees, and more
particularly Defendant, Mamadou H, Niambele.
47) The aforesaid incident was due solely to the negligence, carelessness and
recklessness of the Defendant, American United Transportation Inc. in their hiring, training,
supervision, retention and control of their agents, servants, employees, and more particularly
Defendant, Mamadou H, Niambele, and through no fault or lack of care on the part of the Plaintiff.
48) At all times relevant hereto, Defendant, Mamadou H, Niambele, was an employee
and/or agent of Defendant, J-Track, LL,C and was acting in the course and scope of his authority
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with, in furtherance of the business interests of, and at the direction of Defendant, American United
Transportation Inc. ,and accordingly Defendant, American United Transportation Inc., is liable for
any and all acts or omissions by Defendant, MamadouH, Niambele, which caused harm to Plaintiff
under the doctrine of respondeat superior.
49) As a direct and proximate result of the causal negligence and carelessness of
Defendant, Mamadou H, Niambele, for which Defendant, American United Transportation Inc.,
is vicariously liable, Plaintiff, Kenlly H. Rosario Reynoso, has been injured and sustained the
damages as aforesaid
50) The aforesaid incident occurred without justification, cause or warrant.
51) As a result of the aforesaid incident Plaintiff has been damaged in a sum which
exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction.
WHEREFORE, plaintiff, Kenlly H. Rosario Reynoso demands judgment against the
defendants in an amount which exceeds the jurisdictional limits of all lower Courts which would
otherwise have jurisdiction, together with the costs and disbursements of this action.
Dated: Port Washington, New York
April 11, 2024
Yours, e
CraigkSnyder
Parker Waichman LLP
Attorneys for Plaintiff(s)
6 Harbor Park Drive
Port Washington, NY 11050
(516)466-6500
Our File # 2112820
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
: ss :
COUNTY OF NASSAU )
Craig H. Snyder, an attorney and counselor at law, duly admitted to practice in the Courts
of the State of New York, affirms the following to be true under penalties of perjury:
I am an associate of the firm Parker Waichman LLP attorneys for the plaintiff(s)
herein.
I have read the foregoing COMPLAINT and know the contents thereof. Upon
infonnation and belief, I believe the matters alleged therein to be true.
The source of your deponent's information and the grounds of my belief are
communications, papers, reports and investigations contained in my file.
The reason this verification is made by deponent and not by plaintiff(s) is that plaintiff(s)
reside in a county other than the one in which your deponent's office is maintained.
Dated: Port Washington, New York
April 11, 2024
Cra H. S yder
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Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
KENLLY H. ROSARIO REYNOSO
Plaintiff(s),
-against-
MAMADOU H. NIAMBELE and AMERICAN UNITED TRANSPORTATION INC.,
Defendant(s).
SUMMONS and VERIFIED COMPLAINT
Certificatio 22NY 130-1.1a
Craig H. Snyder
Parker Waichman LLP
Attorneys for Plaintiff(s)
6 Harbor Park Drive
Port Washington, NY 11050
(516) 466-6500
To:
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated: ...............................
Attorney(s) for
PLEASE TAKE NOTICE
NOTICE OF
ENTRY that the within is a (certified) true copy of a entered in the office of the Clerk of the within named
Court on 2024 .
NOTICE that an Order of which the within is a true copy will be presented to the Hon. , one of the
OF
SETTLEMENT judges of the within named Court, at ,
, on
2024, at M.
Dated: Port Washington, New York
April 11, 2024
Parker Waichman LLP
Attorneys for Plaintiff(s)
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Preview
FILED: BRONX COUNTY CLERK 04/11/2024 03:36 PM INDEX NO. 805981/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 SUPREME COURT OF THE STATE OF NEW YORK SUMMONS COUNTY OF BRONX ___________________________________________________________________ KENLLY H. ROSARIO REYNOSO BRONX County as the place of Plaintiff(s), The basis of the venue is -against- Plaintiff Residence MAMADOU H. NIAMBELE and AMERICAN UNITED Plaintiff(s) reside at TRANSPORTATION INC., 937 Summit Avenue Bronx, New York 10452 Defendant(s). ___________________________________________________________________Ç Date Summons & Complaint Filed: To the above named Defendant(s) 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 attorney(s) within twenty days after the services of this summons exclusive of the day of service, where service is made by delivery upon you personally within the state, or within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the co plaint. Dated: Port Washington, New York April 11, 2024 By: Craig H. 4fj der Parker Waichman LLP Office & Post Office Address: 6 Harbor Park Drive Port Washington, NY 11050 (516) 466-6500 Our File # 2112820 TO: Mamadou H. Niambele 137th 118 West Street, Apartment 2A New York, New York 10030 American United Transportation Inc. 640 S Conduit Boulevard Brooklyn, New York 11208 1 of 10 FILED: BRONX COUNTY CLERK 04/11/2024 03:36 PM INDEX NO. 805981/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 SUPREME COURT OF THE STATE OF NEW Y ORK COUNTY OF BRONX ___________________________..___________Ç KENLLY H. ROSARIO REYNOSO VERIFIED COMPLAINT Index # Plaintiff(s), -against- MAMADOU H. NIAMBELE and AMERICAN UNITED TRANSPORTATION INC., Defendant(s). ___..__________________________________Ç Plaintiff, by his attorneys, Parker Waichman LLP, as and for a cause of action alleges upon information and belief as follows: 1) At all times hereinafter mentioned, plaintiff was and still is a resident of the County of Bronx, City and State of New York. 2) At all times hereinafter mentioned, defendant, Mamadou H. Niambele, was and remains a resident of the County of New York, City and State of New York. 3) At all times hereinafter mentioned, defendant, American United Transportation Inc., is a domestic business company duly authorized and existing under and by virtue of the laws of the State of New York 4) That this action falls within one or more of the exceptions as set forth in CPLR §1602, §1602(1), §1602(2), §1602(3), §1602(4), §1602(5), §1602(6), §1602(7), §1602(8), §1602(9), §1602(10), §1602(11), and §1602(12) of the State of New York. 5) At all times hereinafter mentioned, defendant, American United Transportation Inc., was the owner of a motor vehicle bearing New York State license plate number T663750C. 6) At all times hereinafter mentioned, defendant, American United Transportation Inc., was the lessee of a motor vehicle bearing New York State license plate number T663750C. 2 of 10 FILED: BRONX COUNTY CLERK 04/11/2024 03:36 PM INDEX NO. 805981/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 7) At all times hereinafter mentioned, defendant, Mamadou H. Niambele was an employee of defendant, American United Transportation Inc. 8) At all times hereinafter mentioned, defendant, Mamadou H. Niambele, was the f the motor vehicle bearing New York State license plate number T663750C. 9) At all times hereinafter mentioned, defendant, Mamadou H. Niambele, operated the motor vehicle bearing New York State license plate number T663750C with the permission of defendant, American United Transportation Inc. 10) At all times hereinafter mentioned, defendant, Mamadou H. Niambele, operated the motor vehicle bearing New York State license plate number T663750C with the knowledge of the defendant, American United Transportation Inc. 11) At all times hereinafter mentioned, defendant, Mamadou H. Niambele, operated the motor vehicle bearing New York State license plate number T663750C with the consent of the defendant, American United Transportation Inc. 12) At all times herein mentioned, Mamadou H. Niambele, operated the motor vehicle bearing New York State license plate number T663750C within the scope of his employment with the defendant American United Transportation Inc. 13) At all times hereinafter mentioned, defendant, Mamadou H. Niambele, managed the motor vehicle bearing New York State license plate number T663750C. 14) At all times hereinafter mentioned, defendant, American United Transportation Inc., managed the motor vehicle bearing New York State license plate number T663750C. 15) At all times hereinafter mentioned, defendant, Mamadou H. Niambele, maintained the motor vehicle bearing New York State license plate number T663750C. 3 of 10 FILED: BRONX COUNTY CLERK 04/11/2024 03:36 PM INDEX NO. 805981/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 16) At all times hereinafter mentioned, the defendant American United Transportation Inc., maintained the motor vehicle bearing New York State license plate number T663750C. 17) At all times hereinafter mentioned, the defendant American United Transportation Inc., controlled the motor vehicle bearing New York State license plate number T663750C. 18) At all times hereinafter mentioned, the defendant Mamadou H. Niambele, controlled the motor vehicle bearing New York State license plate number T663750C. 19) At all times hereinafter mentioned, the defendant Mamadou H. Niambele, repaired the motor vehicle bearing New York State license plate number T663750C. 20) At all times hereinafter mentioned, the defendant American United Transportation Inc., repaired the motor vehicle bearing New York State license plate number T663750C. 21) At all times hereinafter mentioned, the defendant American United Transportation Inc., inspected the motor vehicle bearing New York State license plate number T663750C. 22) At all times hereinafter mentioned, the defendant Mamadou H. Niambele, inspected the motor vehicle bearing New York State license plate number T663750C. 23) At all times hereinafter mentioned, the defendant American United Transportation Inc., supervised the motor vehicle bearing New York State license plate number T663750C. 24) At all times hereinafter mentioned, the defendant Mamadou H. Niambele, supervised the the motor vehicle bearing New York State license plate number T663750C. 25) At all times hereinafter mentioned, University Avenue in the County of Bronx, City and State of New York, was a public roadway and thoroughfare. 26) That on or about April 28, 2021, the plaintiff, Kenlly H. Rosario Reynoso, was a lawful bicyclist riding on University Avenue in the County of Bronx, City and State of New York. 4 of 10 FILED: BRONX COUNTY CLERK 04/11/2024 03:36 PM INDEX NO. 805981/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 27) That on or about April 28, 2021, the motor vehicle operated by defendant Mamadou H. Niambele, improperly stopped and the passenger opened the vehicle door striking the plaintiff, 176th Kently H. Rosario Reynoso, a bicyclist, on University Avenue 100 feet South of West in the County of Bronx, City and State of New York. 28) That as a result of the aforesaid contact, plaintiff, Kenlly H. Rosario Reynoso, sustained significant injuries and damages. Defendants' 29) conduct was willful, wanton, reckless, malicious and/or exhibited a gross indifference to and callous disregard for human life, safety, and the rights of others, and more particularly the rights, life and safety of the plaintiff. 30) At all times hereinafter mentioned, the defendant actions were careless, reckless, negligent in failing to observe the roadway, in failing to yield the right of way in driving an excessive and dangerous rate of speed; in improperly stopping in a moving lane of traffic, in allowing, causing and permitting their passenger to exit vehicle in an unsafe location; in stopping and dropping off passenger without warning and heeding traffic including cyclists such as the plaintiff herein; in failing to keep a lookout for cyclists; in improperly stopping and dropping off passengers in a hazardous and dangerous manner; in failing to avoid contact with the plaintiff a bicyclist, and in violating applicable New York Vehicle and Traffic Laws. 31) Due to the wanton, reckless, malicious and indifferent conduct of the defendants, plaintiff demands punitive damages against defendants in an amount to be determined at trial. 32) That the aforesaid occurrence was caused wholly and solely by reason of the negligence, carelessness, recklessness, wanton and gross negligence of the defendants, and without any fault or negligence on the part of the plaintiff contributing thereto. 33) That by reason to the foregoing, plaintiff sustained severe, serious and permanent personal injuries, became sick, sore, lame and disabled; suffered injury to his nervous system; suffered mental anguish, was confined to bed and home and may, in the future, be so confined; 5 of 10 FILED: BRONX COUNTY CLERK 04/11/2024 03:36 PM INDEX NO. 805981/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 was incapacitated from attending to his usual duties and vocation and may, in the future, be so incapacitated; sustained a loss of quality and/or enjoyment of life, and plaintiff was otherwise damaged. 34) The plaintiff has sustained serious injury as defined in Subdivision (d) of §5102 of the Insurance Law-Recodification of the State of New York. 35) The plaintiff has sustained serious injury and economic loss greater than basic economic loss so as to satisfy the exceptions of §5104 of the Insurance Law of the State of New York. 36) The plaintiff is not seeking to recover any damages for which plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated to reimburse plaintiff. Plaintiff is only seeking to recover those damages not recoverable through no-fault insurance under the facts and circumstances in this action. 37) That by reason of the foregoing, plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION 38) That at all times hereinafter mentioned, Plaintiff, Kenlly H. Rosario Reynoso, repeats, reiterates and realleges each and every allegation contained in the paragraphs of this Complaint herein, as though more fully set forth herein at length. 39) At all times hereinafter mentioned, the Defendant, American United Transportation Inc., in its regular course of business, hired employees. 40) At all times hereinafter mentioned, the Defendant, American United Transportation Inc., in its regular course of business, hired employees, and more particularly Defendant, Mamadou H, Niambele. 6 of 10 FILED: BRONX COUNTY CLERK 04/11/2024 03:36 PM INDEX NO. 805981/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 41) At all times hereinafter mentioned, the Defendant, American United Transportation Inc., in its regular course of business, trained its employees, and more particularly Defendant, Mamadou H, Niambele. 42) At all times hereinafter mentioned, the Defendant, American United Transportation Inc., in its regular course of business, managed its employees, and more particularly Defendant, Mamadou H, Niambele. 43) At all times hereinafter mentioned, the Defendant, American United Transportation Inc., in its regular course of business, controlled its employees, and more particularly Defendant, Mamadou H, Niambele. 44) At all times hereinafter mentioned, the Defendant, American United Transportation Inc., in its regular course of business, supervised its employees, and more particularly Defendant, Mamadou H, Niambele. 45) At all times hereinafter mentioned, the Defendant, American United Transportation Inc., in its regular course of business, managed, controlled and supervised its employees. 46) At all times hereinafter mentioned, the Defendant, American United Transportation Inc., in its regular course of business, managed, controlled and supervised its employees, and more particularly Defendant, Mamadou H, Niambele. 47) The aforesaid incident was due solely to the negligence, carelessness and recklessness of the Defendant, American United Transportation Inc. in their hiring, training, supervision, retention and control of their agents, servants, employees, and more particularly Defendant, Mamadou H, Niambele, and through no fault or lack of care on the part of the Plaintiff. 48) At all times relevant hereto, Defendant, Mamadou H, Niambele, was an employee and/or agent of Defendant, J-Track, LL,C and was acting in the course and scope of his authority 7 of 10 FILED: BRONX COUNTY CLERK 04/11/2024 03:36 PM INDEX NO. 805981/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 with, in furtherance of the business interests of, and at the direction of Defendant, American United Transportation Inc. ,and accordingly Defendant, American United Transportation Inc., is liable for any and all acts or omissions by Defendant, MamadouH, Niambele, which caused harm to Plaintiff under the doctrine of respondeat superior. 49) As a direct and proximate result of the causal negligence and carelessness of Defendant, Mamadou H, Niambele, for which Defendant, American United Transportation Inc., is vicariously liable, Plaintiff, Kenlly H. Rosario Reynoso, has been injured and sustained the damages as aforesaid 50) The aforesaid incident occurred without justification, cause or warrant. 51) As a result of the aforesaid incident Plaintiff has been damaged in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction. WHEREFORE, plaintiff, Kenlly H. Rosario Reynoso demands judgment against the defendants in an amount which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: Port Washington, New York April 11, 2024 Yours, e CraigkSnyder Parker Waichman LLP Attorneys for Plaintiff(s) 6 Harbor Park Drive Port Washington, NY 11050 (516)466-6500 Our File # 2112820 8 of 10 FILED: BRONX COUNTY CLERK 04/11/2024 03:36 PM INDEX NO. 805981/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/11/2024 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) : ss : COUNTY OF NASSAU ) Craig H. Snyder, an attorney and counselor at law, duly admitted to practice in the Courts of the State of New York, affirms the following to be true under penalties of perjury: I am an associate of the firm Parker Waichman LLP attorneys for the plaintiff(s) herein. I have read the foregoing COMPLAINT and know the contents thereof. Upon infonnation and belief, I believe the matters alleged therein to be true. The source of your deponent's information and the grounds of my belief are communications, papers, reports and investigations contained in my file. The reason this verification is made by deponent and not by plaintiff(s) is that plaintiff(s) reside in a county other than the one in which your deponent's office is maintained. Dated: Port Washington, New York April 11, 2024 Cra H. S yder 9 of 10 FILED: BRONX COUNTY CLERK 04/11/2024 03:36 PM INDEX NO. 805981/2024E NYSCEF DOC. NO. 1 Parker Waichman LLP RECEIVED NYSCEF: 04/11/2024 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX KENLLY H. ROSARIO REYNOSO Plaintiff(s), -against- MAMADOU H. NIAMBELE and AMERICAN UNITED TRANSPORTATION INC., Defendant(s). SUMMONS and VERIFIED COMPLAINT Certificatio 22NY 130-1.1a Craig H. Snyder Parker Waichman LLP Attorneys for Plaintiff(s) 6 Harbor Park Drive Port Washington, NY 11050 (516) 466-6500 To: Attorney(s) for Service of a copy of the within is hereby admitted. Dated: ............................... Attorney(s) for PLEASE TAKE NOTICE NOTICE OF ENTRY that the within is a (certified) true copy of a entered in the office of the Clerk of the within named Court on 2024 . NOTICE that an Order of which the within is a true copy will be presented to the Hon. , one of the OF SETTLEMENT judges of the within named Court, at , , on 2024, at M. Dated: Port Washington, New York April 11, 2024 Parker Waichman LLP Attorneys for Plaintiff(s) 10 of 10