Preview
FILED: KINGS COUNTY CLERK 04/16/2024 04:12 PM INDEX NO. 510913/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No.
---------- ---------------- -- -------------------------------------x
Epummong
Plaintiff, Plaintiff designates
KINGS County as the place of trial
against of this action.
DOE"
ESTHER TRANSPORTATION INC. and "JOHN , The basis of venue designated is:
The County in which the subject
Defendant, accident occurred.
_____________________________________________________________________Ç
To the above named Defendant(s)
On art IJerebP sittittitotteb to answer the complaint in this action, and to serve a copy
of your answer, of 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 complaint.
DATED: New York, New York
April 15, 2024
Harmon, Linder & Rogowsky
Attorneys for Plaintiff(s)
3 Park Avenue, Suite 2300
New York, NY 10016
Defendant's Address:
Esther Transportation Inc.
71 Bay 14th Street
Brooklyn, NY 11214
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FILED: KINGS COUNTY CLERK 04/16/2024 04:12 PM INDEX NO. 510913/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------x
MICHAEL ALVARADO,
VERIFIED COMPLAINT
Index No:
Plaintiff,
-against-
ESTHER TRANSPORTATION INC. and "JOHN DOE",
Defendant.
--------------------------------------x
Plaintiff, complaining of the defendant herein by his attorneys,
HARMON, LINDER & ROGOWSKY, ESQS., respectfully sets forth and
alleges, as follows:
AS FOR A CAUSE OF ACTION
ON BEHALF OF MICHAEL ALVARADO
1. That the accident herein complained of occurred within the
County of KINGS, State of New York.
2. That at all times herein mentioned defendant, ESTHER
TRANSPORTATION INC., was a corporation authorized to do business
in the State of New York.
3. That at all times herein mentioned defendant, ESTHER
TRANSPORTATION INC., was the owner of a motor vehicle bearing
registration number T785972C, State of New York.
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4. That at all times herein mentioned "JOHN DOE" was
defendant,
the operator of a motor vehicle bearing registration number
T785972C, State of New York.
5. That at all times herein mentioned defendant, "JOHN DOE", was
in physical charge, operation, management and control of the
aforesaid vehicle owned by the defendant, ESTHER TRANSPORTATION
INC., with the knowledge, consent, and permission, either
express or implied of the defendant owner thereof.
6. That at all times herein mentioned, plaintiff, MICHAEL
ALVARADO, was the operator of a motor vehicle bearing
registration number HTV2554, State of New York.
7. That on the Twenty-First Day of November 2023, at
approximately 7:53 a.m., the aforesaid vehicles came into
contact with each other on E/B BQE (Brooklyn Queens Expressway),
a public street and thoroughfare, in the County of Kings, State
of New York.
8. The defendant so carelessly and negligently operated his
aforesaid vehicle so as to cause the aforesaid contact.
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9. That as a result of the foregoing, this plaintiff was caused
to and did sustain severe and serious injuries and was required
to seek and obtain medical care and attention in an effort to
cure and alleviate same and, upon information and belief, will
be compelled to do so in the future.
10. That the aforesaid occurrence and the injuries sustained by
this plaintiff were caused by the negligence of the defendant.
11. That this plaintiff has sustained a serious injury as the
"d"
same is defined in Subdivision of Section 5102 of the
Insurance Law of the State of New York.
12. That this action falls within one or more of the exceptions
set forth in Section 1602 of the CPLR.
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13. That by reason of the foregoing, plaintiff, MICHAEL
ALVARADO, has been damaged in a amount which exceeds the
jurisdictional limits of all lower courts that would otherwise
have jurisdiction.
WHEREFORE, pl a int i f f , MICHAEL ALVARADO, demands judgment
against the defendants on the Cause of Action in an amount which
exceeds the jurisdictional limits of all lower courts that would
otherwise have jurisdiction; all together with the costs and
disbursements of this action.
Dated: New York, New York
April 15, 2024
HARMON, LINDER & ROGOWSKY, ESQS.
Attorney(s) for Plaintiff(s)
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665
MJL/ml
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK)
I, the undersigned, am an attorney admitted to practice in the Courts of New York State,
and say that:
I am the attorney of record or of counsel with the attorney(s) of record for plaintiff.
I have read the annexed SUMMONS AND VERIFIED COMPLAINT and know the
contents thereof and the same are true to my knowledge, except those matters therein which are
stated to be alleged on information and belief. As to those matters, I believe them to be true.
My belief, as to those matters therein not stated upon knowledge is based upon the following:
Interviews and/or discussions with the plaintiff(s) and papers and/or documents in the file.
The reasons I make this affirmation instead of the plaintiff is because said plaintiff
resides outside of the county from where your deponent maintains his office for the practice of
law.
Dated: New York, New York
April 15, 2024
Mark J. Linder Esq.,
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Index No. Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
___________________________________________________________________________________________________________________
MICHAEL ALVARADO,
Plaintiff,
-against-
"
ESTHER TRANS PORTATION INC. and JOHN DOE",
Defendant.
___________________________________________________________________________________________________________________
SUMMONS AND VERIFIED COMPLAINT
___________________________________________________________________________________________________________________
HARMON, LINDER & ROGOSWKY, ESQS.
Attorney for Plaintiff(s)
3 Park Avenue, 23rd Floor
Suite 2300
New York, NY 10016
(212) 732-3665 Phone
(212) 732-1462 Facsimile
___________________________________________________________________________________________________________________
To:
Attorney(s) for Defendant
___________________________________________________________________________________________________________________
Service of a copy of the within Summons and Complaint is hereby admitted.
Dated:
Attorney(s) for
___________________________________________________________________________________________________________________
PLEASE TAKE NOTICE
O 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
¡ Notice of Settlement
that an order of which the within is a true copy will be presented for settlement to the
Hon. , one of the judges of the within named Court, at ,
on
Dated:
Yours, etc.
Harmon, Linder & Rogowsky
Attorneys for
Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016
(212) 732-3665
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Preview
FILED: KINGS COUNTY CLERK 04/16/2024 04:12 PM INDEX NO. 510913/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No. ---------- ---------------- -- -------------------------------------x Epummong Plaintiff, Plaintiff designates KINGS County as the place of trial against of this action. DOE" ESTHER TRANSPORTATION INC. and "JOHN , The basis of venue designated is: The County in which the subject Defendant, accident occurred. _____________________________________________________________________Ç To the above named Defendant(s) On art IJerebP sittittitotteb to answer the complaint in this action, and to serve a copy of your answer, of 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 complaint. DATED: New York, New York April 15, 2024 Harmon, Linder & Rogowsky Attorneys for Plaintiff(s) 3 Park Avenue, Suite 2300 New York, NY 10016 Defendant's Address: Esther Transportation Inc. 71 Bay 14th Street Brooklyn, NY 11214 1 of 7 FILED: KINGS COUNTY CLERK 04/16/2024 04:12 PM INDEX NO. 510913/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------x MICHAEL ALVARADO, VERIFIED COMPLAINT Index No: Plaintiff, -against- ESTHER TRANSPORTATION INC. and "JOHN DOE", Defendant. --------------------------------------x Plaintiff, complaining of the defendant herein by his attorneys, HARMON, LINDER & ROGOWSKY, ESQS., respectfully sets forth and alleges, as follows: AS FOR A CAUSE OF ACTION ON BEHALF OF MICHAEL ALVARADO 1. That the accident herein complained of occurred within the County of KINGS, State of New York. 2. That at all times herein mentioned defendant, ESTHER TRANSPORTATION INC., was a corporation authorized to do business in the State of New York. 3. That at all times herein mentioned defendant, ESTHER TRANSPORTATION INC., was the owner of a motor vehicle bearing registration number T785972C, State of New York. 2 of 7 FILED: KINGS COUNTY CLERK 04/16/2024 04:12 PM INDEX NO. 510913/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 4. That at all times herein mentioned "JOHN DOE" was defendant, the operator of a motor vehicle bearing registration number T785972C, State of New York. 5. That at all times herein mentioned defendant, "JOHN DOE", was in physical charge, operation, management and control of the aforesaid vehicle owned by the defendant, ESTHER TRANSPORTATION INC., with the knowledge, consent, and permission, either express or implied of the defendant owner thereof. 6. That at all times herein mentioned, plaintiff, MICHAEL ALVARADO, was the operator of a motor vehicle bearing registration number HTV2554, State of New York. 7. That on the Twenty-First Day of November 2023, at approximately 7:53 a.m., the aforesaid vehicles came into contact with each other on E/B BQE (Brooklyn Queens Expressway), a public street and thoroughfare, in the County of Kings, State of New York. 8. The defendant so carelessly and negligently operated his aforesaid vehicle so as to cause the aforesaid contact. 3 of 7 FILED: KINGS COUNTY CLERK 04/16/2024 04:12 PM INDEX NO. 510913/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 9. That as a result of the foregoing, this plaintiff was caused to and did sustain severe and serious injuries and was required to seek and obtain medical care and attention in an effort to cure and alleviate same and, upon information and belief, will be compelled to do so in the future. 10. That the aforesaid occurrence and the injuries sustained by this plaintiff were caused by the negligence of the defendant. 11. That this plaintiff has sustained a serious injury as the "d" same is defined in Subdivision of Section 5102 of the Insurance Law of the State of New York. 12. That this action falls within one or more of the exceptions set forth in Section 1602 of the CPLR. 4 of 7 FILED: KINGS COUNTY CLERK 04/16/2024 04:12 PM INDEX NO. 510913/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 13. That by reason of the foregoing, plaintiff, MICHAEL ALVARADO, has been damaged in a amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. WHEREFORE, pl a int i f f , MICHAEL ALVARADO, demands judgment against the defendants on the Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction; all together with the costs and disbursements of this action. Dated: New York, New York April 15, 2024 HARMON, LINDER & ROGOWSKY, ESQS. Attorney(s) for Plaintiff(s) 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 MJL/ml 5 of 7 FILED: KINGS COUNTY CLERK 04/16/2024 04:12 PM INDEX NO. 510913/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK) I, the undersigned, am an attorney admitted to practice in the Courts of New York State, and say that: I am the attorney of record or of counsel with the attorney(s) of record for plaintiff. I have read the annexed SUMMONS AND VERIFIED COMPLAINT and know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief. As to those matters, I believe them to be true. My belief, as to those matters therein not stated upon knowledge is based upon the following: Interviews and/or discussions with the plaintiff(s) and papers and/or documents in the file. The reasons I make this affirmation instead of the plaintiff is because said plaintiff resides outside of the county from where your deponent maintains his office for the practice of law. Dated: New York, New York April 15, 2024 Mark J. Linder Esq., 6 of 7 FILED: KINGS COUNTY CLERK 04/16/2024 04:12 PM INDEX NO. 510913/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ___________________________________________________________________________________________________________________ MICHAEL ALVARADO, Plaintiff, -against- " ESTHER TRANS PORTATION INC. and JOHN DOE", Defendant. ___________________________________________________________________________________________________________________ SUMMONS AND VERIFIED COMPLAINT ___________________________________________________________________________________________________________________ HARMON, LINDER & ROGOSWKY, ESQS. Attorney for Plaintiff(s) 3 Park Avenue, 23rd Floor Suite 2300 New York, NY 10016 (212) 732-3665 Phone (212) 732-1462 Facsimile ___________________________________________________________________________________________________________________ To: Attorney(s) for Defendant ___________________________________________________________________________________________________________________ Service of a copy of the within Summons and Complaint is hereby admitted. Dated: Attorney(s) for ___________________________________________________________________________________________________________________ PLEASE TAKE NOTICE O 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 ¡ Notice of Settlement that an order of which the within is a true copy will be presented for settlement to the Hon. , one of the judges of the within named Court, at , on Dated: Yours, etc. Harmon, Linder & Rogowsky Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, NY 10016 (212) 732-3665 7 of 7