Preview
FILED: QUEENS COUNTY CLERK 04/16/2024 03:39 PM INDEX NO. 708149/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
Index No.
------------------------------------------------------------------x
Plaintiff, Plaintiff designates
QUEENS County as the place of
against trial of this action.
DS NY LEASING, LLC, and "JOHN DOE", The basis of venue designated is:
The County in which the subject
Defendant, accident occurred.
---------------------------------------------------------------------Ç
To the above named Defendant(s)
on are IJerebP suntitrotteh 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 plaintiffs 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 12, 2024
Harmon, Linder & Rogowsky
Attorneys for Plaintiff(s)
3 Park Avenue, Suite 2300
New York, NY 10016
Defendant's Address:
DS NY Leasing, LLC
PO BOX 411
NEW YORK, NY
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--------------------------------------x
RAYMOND MOREL,
VERIFIED COMPLAINT
Plaintiff (s), Index #:
-against-
DS NY LEASING, LLC, and "JOHN DOE",
Defendant (s),
----------------------------------------x
Plaintiff, RAYMOND MOREL, complaining of the defendants herein by
his attorneys, HARMON, LINDER & ROGOWSKY, ESQS., respectfully sets
forth and alleges, as follows:
AS AND FOR A CAUSE OF ACTION
ON BEHALF OF PLAINTIFF RAYMOND MOREL
1. That the accident herein complained of occurred within the County
of QUEENS, State of New York.
2. That at all times herein mentioned defendant, DS NY LEASING, LLC,
was a corporation authorized to do business in the State of New
York.
3. That at all times herein mentioned, defendant, DS NY LEASING,
LLC, was the owner of a motor vehicle bearing registration number
Y206216C, State of New York.
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4. That at all times herein mentioned defendant, "JOHN DOE", was the
operator of an automobile bearing registration number Y206216C,
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, DS NY LEASING, LLC, with the
knowledge, consent, and permission, either express or implied of the
defendant owner thereof.
6. That at all times herein mentioned plaintiff, RAYNOND NOREL, was
a pedestrian lawfully traversing at JFK Airport Terminal 4, County
of Queens, State of New York.
7. That on the Seventeenth Day of October 2023, at approximately
2:40 a.m. the aforesaid vehicles came into contact with plaintiff at
JFK Airport Terminal 4, a public street and thoroughfare, in the
County of Queens, State of New York.
8. That defendant so carelessly and negligently operated his
aforesaid respective motor 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 personal injuries and was
reguired to seek and obtain medical care and attention in an effort
to cure and/or alleviate the same and upon information and belief,
will be so compelled to do in future.
10. That the aforesaid occurrence and injuries sustained by this
plaintiff were caused by the negligence of the defendants and not by
any act or omission on the part of this plaintiff contributing
thereto.
11. That this plaintiff has sustained a serious injury as the same
is defined in Subdivision (d) 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.
13. That by reason of the foregoing, plaintiff, RAYMOND MOREL, has
been damaged in an amount which exceeds the jurisdictional limits of
all lower courts would otherwise have jurisdiction.
WHEREFORE, plaintiff, RAYMOND MOREL, demands judgement against the
defendants in the Cause of Action in an amount which exceeds the
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jurisdictional limits of all lower courts would otherwise have
jurisdiction; all together with the costs and disbursements of this
action.
Dated: New York, NY
April 12, 2024
HARMON, LINDER & ROGOWSKY, ESQS.
Attorney(s) for Plaintiff(s)
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665
MJL/kw
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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 12, 2024
Mark J. Linder Esq.,
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Index No. Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
________________________________________________________________________________--_________________________________
RAYMOND MOREL,
Plaintiff,
-against-
DS NY LEASING, LLC, and "JOHN DOE",
Defendant.
_________________________________________________________________________________________________________-- ______
SUMMONS AND VERIFIED COMPLAINT
__________________________________________________________________________________________________________
HARMON, LINDER & ROGOSWKY, ESQS.
Attorney for Plaintiff(s)
3 Park Avenue, 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 adinitted.
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
O 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
Preview
FILED: QUEENS COUNTY CLERK 04/16/2024 03:39 PM INDEX NO. 708149/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No. ------------------------------------------------------------------x Plaintiff, Plaintiff designates QUEENS County as the place of against trial of this action. DS NY LEASING, LLC, and "JOHN DOE", The basis of venue designated is: The County in which the subject Defendant, accident occurred. ---------------------------------------------------------------------Ç To the above named Defendant(s) on are IJerebP suntitrotteh 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 plaintiffs 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 12, 2024 Harmon, Linder & Rogowsky Attorneys for Plaintiff(s) 3 Park Avenue, Suite 2300 New York, NY 10016 Defendant's Address: DS NY Leasing, LLC PO BOX 411 NEW YORK, NY 1 of 7 FILED: QUEENS COUNTY CLERK 04/16/2024 03:39 PM INDEX NO. 708149/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------x RAYMOND MOREL, VERIFIED COMPLAINT Plaintiff (s), Index #: -against- DS NY LEASING, LLC, and "JOHN DOE", Defendant (s), ----------------------------------------x Plaintiff, RAYMOND MOREL, complaining of the defendants herein by his attorneys, HARMON, LINDER & ROGOWSKY, ESQS., respectfully sets forth and alleges, as follows: AS AND FOR A CAUSE OF ACTION ON BEHALF OF PLAINTIFF RAYMOND MOREL 1. That the accident herein complained of occurred within the County of QUEENS, State of New York. 2. That at all times herein mentioned defendant, DS NY LEASING, LLC, was a corporation authorized to do business in the State of New York. 3. That at all times herein mentioned, defendant, DS NY LEASING, LLC, was the owner of a motor vehicle bearing registration number Y206216C, State of New York. 2 of 7 FILED: QUEENS COUNTY CLERK 04/16/2024 03:39 PM INDEX NO. 708149/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 4. That at all times herein mentioned defendant, "JOHN DOE", was the operator of an automobile bearing registration number Y206216C, 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, DS NY LEASING, LLC, with the knowledge, consent, and permission, either express or implied of the defendant owner thereof. 6. That at all times herein mentioned plaintiff, RAYNOND NOREL, was a pedestrian lawfully traversing at JFK Airport Terminal 4, County of Queens, State of New York. 7. That on the Seventeenth Day of October 2023, at approximately 2:40 a.m. the aforesaid vehicles came into contact with plaintiff at JFK Airport Terminal 4, a public street and thoroughfare, in the County of Queens, State of New York. 8. That defendant so carelessly and negligently operated his aforesaid respective motor vehicle so as to cause the aforesaid contact. 3 of 7 FILED: QUEENS COUNTY CLERK 04/16/2024 03:39 PM INDEX NO. 708149/2024 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 personal injuries and was reguired to seek and obtain medical care and attention in an effort to cure and/or alleviate the same and upon information and belief, will be so compelled to do in future. 10. That the aforesaid occurrence and injuries sustained by this plaintiff were caused by the negligence of the defendants and not by any act or omission on the part of this plaintiff contributing thereto. 11. That this plaintiff has sustained a serious injury as the same is defined in Subdivision (d) 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. 13. That by reason of the foregoing, plaintiff, RAYMOND MOREL, has been damaged in an amount which exceeds the jurisdictional limits of all lower courts would otherwise have jurisdiction. WHEREFORE, plaintiff, RAYMOND MOREL, demands judgement against the defendants in the Cause of Action in an amount which exceeds the 4 of 7 FILED: QUEENS COUNTY CLERK 04/16/2024 03:39 PM INDEX NO. 708149/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 jurisdictional limits of all lower courts would otherwise have jurisdiction; all together with the costs and disbursements of this action. Dated: New York, NY April 12, 2024 HARMON, LINDER & ROGOWSKY, ESQS. Attorney(s) for Plaintiff(s) 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 MJL/kw 5 of 7 FILED: QUEENS COUNTY CLERK 04/16/2024 03:39 PM INDEX NO. 708149/2024 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 12, 2024 Mark J. Linder Esq., 6 of 7 FILED: QUEENS COUNTY CLERK 04/16/2024 03:39 PM INDEX NO. 708149/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ________________________________________________________________________________--_________________________________ RAYMOND MOREL, Plaintiff, -against- DS NY LEASING, LLC, and "JOHN DOE", Defendant. _________________________________________________________________________________________________________-- ______ SUMMONS AND VERIFIED COMPLAINT __________________________________________________________________________________________________________ HARMON, LINDER & ROGOSWKY, ESQS. Attorney for Plaintiff(s) 3 Park Avenue, 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 adinitted. 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 O 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