Preview
FILED: SUFFOLK COUNTY CLERK 04/18/2024 09:33 AM INDEX NO. 610001/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024
SUPREME COURT OF THE STATE OF NEW YORK Date filed with Court: / /24
COUNTY OF SUFFOLK
--------------------------------------------------------------------------X Index No.:
LINDA RENAUD,
Plaintiff, SUMMONS
-against- Plaintiff designates Suffolk
County as the place of trial
DWIGHT W. PATTERSON and DAY ACCESSIBILTY herein.
AND MOBILITY SOLUTIONS, INC., The basis of venue is Plaintiff's
residence in Suffolk County,
Defendants. NY.
__________________________________________________________________________Ç
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 the Plaintiff's attorney 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.
Dated: April 11, 2024
Merrick, New York
KAYLA : K IGHT
RO RT K. YO & ASSOCIATES, P.C.
A rneys for P intiff
2 84 Babylon urnpike
Merrick, New York 11566
(516) 826-8938
DEFENDANTS' ADDRESSES:
DWIGHT W. PATTERSON: 11603 Parkway Drive, Elmont, New York 11003; and
DAY ACCESSIBILITY AND MOBILITY SOLUTIONS, INC.: 50 Hempstead Garden Drive, West
Hempstead, New York 11552.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
___________________________________________Ç
LINDA RENAUD, Index No.:
Plaintiff, VERIFIED COMPLAINT
-against-
DWIGHT W. PATTERSON and DAY ACCESSIBILTY
AND MOBILITY SOLUTIONS, INC.,
Defendants.
______________________________________________..__Ç
Plaintiff, LINDA RENAUD, by and through her attorneys, ROBERT K. YOUNG &
ASSOCIATES, P.C., as and for her VERIFIED COMPLAINT, alleges the following:
1. At all times herein mentioned Plaintiff, LINDA RENAUD, was and still is a resident
and domiciliary of Suffolk County, New York.
2. At all times herein mentioned Plaintiff owned operated, maintained and controlled a
certain 2007 Nissan motor vehicle New York license plate number EDG1715 for the year
bearing
2023.
3. At all times herein mentioned Defendant, DAY ACCESSIBILITY AND
MOBILITY SOLUTIONS, INC., owned a certain 2016 Ford motor vehicle bearing New York
license plate number 1166MK for the year 2023.
4. At all times herein mentioned, Defendant, DWIGHT W. PATTERSON, operated,
maintained and controlled the aforementioned Ford motor vehicle with the knowledge and consent
of the owner thereof.
on Elmont Road at or near its intersection with
5. That on or about November 1, 2023
Defendants'
Linden Town of Hempstead, Nassau County, New York, aforesaid motor
Boulevard,
vehicle was inspected and/or controlled in such a negligent, reckless and
operated, maintained,
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careless manner and in such a way so as to cause it to improperly come into contact and violently
collide with Plaintiff thereby causing Plaintiff to sustain severe and serious permanent personal
injuries as hereinafter set forth and which required the aid of medical attention and assistance and
which incapacitated her.
6. At all times herein mentioned, upon information and belief, Defendant, DWIGHT
W. PATTERSON, was in the course of his employment and/or furthering the interests of another
person and/or entity when the vehicle he was operating was involved in a motor vehicle accident
with the Plaintiff on November 1, 2023.
7. That the aforesaid occurrence was due solely to the negligence of the Defendants and
without any contributory negligence on the part of the Plaintiff.
8. That Plaintiff sustained severe and serious personal injuries and economic loss as
defined in Article 51 of the Insurance Law of the State of New York and particularly Subdivision (d)
of § 5102 thereof.
9. That Plaintiff is a covered person as defined by the Insurance Law of the State ofNew
York.
10. That upon information and belief, Plaintiff has sustained economic loss greater than
Insurance Law of the State of New
basic economic loss as defined in Subdivision (a) of § 5102 of the
York that reason said Plaintiff is entitled to recover for noneconomic loss and for
and, by thereof,
loss"
such economic losses as are not included within the definition of "basic economic as set forth
in the Insurance Law of the State of New York.
11. That this action falls within one or more of the exceptions set forth in CPLR 1602.
12. That as a consequence of the foregoing, Plaintiff was internally, externally and
injured and has been prevented from and/or tending to her usual occupation
permanently pursuing
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FILED: SUFFOLK COUNTY CLERK 04/18/2024 09:33 AM INDEX NO. 610001/2024
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and duties and that the same may continue for the remainder of her natural life.
13. That this Plaintiff sustained severe and serious personal injuries and economic loss as
defined in § 5102 of the Insurance Law of the State of New York; that upon information and belief,
she will continue to suffer from the aforesaid serious and permanent personal injuries for the
remainder of her natural life and from the concomitant effects and sequelae thereof and therefrom.
14. That Plaintiff has been obliged to seek and obtain medical attention and may for the
remainder of her natural life require medical consultations and attentions solely as a result of the
Defendants'
aforesaid negligence.
15. That solely as a result of the foregoing, Plaintiff has been damaged in an amount
exceeding the statutory limits of any lower court having jurisdiction over this matter and in an amount
that shall be determined at the time of trial herein.
WHEREFORE, Plaintiff, LINDA RENAUD, demands judgment herein against the
Defendants, DWIGHT W. PATTERSON and DAY ACCESSIBILITY AND MOBILITY
SOLUTIONS, INC., in an amount exceeding the statutory limits of any lower court having
jurisdiction over this matter and in an amount to be determined at the time of trial herein; all
together with the costs and disbursements incurred herein.
Dated: April 11, 2024
Merrick, New York
L . NI T, ESQ.
O RT . G & ASSOCIATES, P.C.
A rneys fo laintiff
2284 Babylon Turnpike
Merrick, New York 11566
(516) 826-8938
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ATTORNEY VERIFICATION
STATE OF NEW YORK )
) : ss.:
COUNTY OF NASSAU )
KAYLA L. KNIGHT, an attorney duly admitted to practice law in the courts of the State of
New York, affirms under penalty of perjury the truth of the following:
1. That she is associated with Robert K. Young & Associates, the attorneys of record
for the Plaintiff in the within action; that she has read the foregoing SUMMONS WITH VERIFIED
COMPLAINT and knows the contents thereof; that the same is true to affirmant's knowledge,
except as to the matters therein stated to be alleged on information and belief, and as to those
matters, affirmant believes it to be true; and that the source of affirmant's knowledge and the
grounds of belief as to those matters therein stated to be alleged on information and belief are
correspondence, investigations and reports caused to be made by affirmant and submitted to her as
attorney for the Plaintiff which she verily believes to be true.
2. That the reason this Verification is made by affirmant and not by the Plaintiff is
because the Plaintiff does not reside within the County of Nassau where affirmant maintains her
principal office.
3. I, Kayla L. Knight, affirm this day of , 2024 under the
penalties of perjury under the law of the State of New York, which may include a fine or
imprisonment, that the is true, and I understand that this document may be filed in an
foregoing
action or proceeding in a court of law pursuant to CPLR § 2106
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FILED: SUFFOLK COUNTY CLERK 04/18/2024 09:33 AM INDEX NO. 610001/2024
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Dated: April 11, 2024
Merrick, New York
YLA L. KNI
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FILED: SUFFOLK COUNTY CLERK 04/18/2024 09:33 AM INDEX NO. 610001/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024
Index No.: Year:
SUPREME COTRT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
LINDA RENAUD,
Plaintiff,
-against-
DWIGHT W. PATTERSON and DAY ACCESSIBILTY AND MOBILITY SOLUTIONS,
INC.,
Defendant.
ROBERT K. YOUNG & ASSOCIATES, P.C.
Attorney(s) for PLAINTIFF
Office and Post Office Address, Telephone
2284 BABYLON TURNPIKE
MERRICK, NEW YORK 11566
(516) 826-8938
(516) 826-4456
FAX: (516)
826-8932
SUMMONS AND VERIFIED COMPLAINT
To
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated,
Attorney(s) for .......................................
Sir: Please take notice
o NOTICE OF ENTRY
that within is a (certified) true copy of a
duly 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 the day of 20 at M.
Dated:
COMPLIANCE PURSUANT TO 22 NYCRR § 130-1.1-a
To the best of the undersigned's knowledge, information and belief formed Yours, etc.
after an inquiry reasonable under the circumstances, the within document(s) Robert Young & Associates
here'
and contentions contained e not frivo us as defined in 22 N CRR Attorney(s) for
- Office and Post Address
§ 130-1.1-a.
2284 BABYLON TURNPIKE
MERRICK, NY 11566
ANTITONY SÈADARO, ESQ. (516) 826-8938
ROBERT K. YOUNG & ASSOCIATES, P.C. (516) 826-4456
To
Attorney(s) for
7 of 7
Preview
FILED: SUFFOLK COUNTY CLERK 04/18/2024 09:33 AM INDEX NO. 610001/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024 SUPREME COURT OF THE STATE OF NEW YORK Date filed with Court: / /24 COUNTY OF SUFFOLK --------------------------------------------------------------------------X Index No.: LINDA RENAUD, Plaintiff, SUMMONS -against- Plaintiff designates Suffolk County as the place of trial DWIGHT W. PATTERSON and DAY ACCESSIBILTY herein. AND MOBILITY SOLUTIONS, INC., The basis of venue is Plaintiff's residence in Suffolk County, Defendants. NY. __________________________________________________________________________Ç 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 the Plaintiff's attorney 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. Dated: April 11, 2024 Merrick, New York KAYLA : K IGHT RO RT K. YO & ASSOCIATES, P.C. A rneys for P intiff 2 84 Babylon urnpike Merrick, New York 11566 (516) 826-8938 DEFENDANTS' ADDRESSES: DWIGHT W. PATTERSON: 11603 Parkway Drive, Elmont, New York 11003; and DAY ACCESSIBILITY AND MOBILITY SOLUTIONS, INC.: 50 Hempstead Garden Drive, West Hempstead, New York 11552. 1 of 7 FILED: SUFFOLK COUNTY CLERK 04/18/2024 09:33 AM INDEX NO. 610001/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ___________________________________________Ç LINDA RENAUD, Index No.: Plaintiff, VERIFIED COMPLAINT -against- DWIGHT W. PATTERSON and DAY ACCESSIBILTY AND MOBILITY SOLUTIONS, INC., Defendants. ______________________________________________..__Ç Plaintiff, LINDA RENAUD, by and through her attorneys, ROBERT K. YOUNG & ASSOCIATES, P.C., as and for her VERIFIED COMPLAINT, alleges the following: 1. At all times herein mentioned Plaintiff, LINDA RENAUD, was and still is a resident and domiciliary of Suffolk County, New York. 2. At all times herein mentioned Plaintiff owned operated, maintained and controlled a certain 2007 Nissan motor vehicle New York license plate number EDG1715 for the year bearing 2023. 3. At all times herein mentioned Defendant, DAY ACCESSIBILITY AND MOBILITY SOLUTIONS, INC., owned a certain 2016 Ford motor vehicle bearing New York license plate number 1166MK for the year 2023. 4. At all times herein mentioned, Defendant, DWIGHT W. PATTERSON, operated, maintained and controlled the aforementioned Ford motor vehicle with the knowledge and consent of the owner thereof. on Elmont Road at or near its intersection with 5. That on or about November 1, 2023 Defendants' Linden Town of Hempstead, Nassau County, New York, aforesaid motor Boulevard, vehicle was inspected and/or controlled in such a negligent, reckless and operated, maintained, 2 of 7 FILED: SUFFOLK COUNTY CLERK 04/18/2024 09:33 AM INDEX NO. 610001/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024 careless manner and in such a way so as to cause it to improperly come into contact and violently collide with Plaintiff thereby causing Plaintiff to sustain severe and serious permanent personal injuries as hereinafter set forth and which required the aid of medical attention and assistance and which incapacitated her. 6. At all times herein mentioned, upon information and belief, Defendant, DWIGHT W. PATTERSON, was in the course of his employment and/or furthering the interests of another person and/or entity when the vehicle he was operating was involved in a motor vehicle accident with the Plaintiff on November 1, 2023. 7. That the aforesaid occurrence was due solely to the negligence of the Defendants and without any contributory negligence on the part of the Plaintiff. 8. That Plaintiff sustained severe and serious personal injuries and economic loss as defined in Article 51 of the Insurance Law of the State of New York and particularly Subdivision (d) of § 5102 thereof. 9. That Plaintiff is a covered person as defined by the Insurance Law of the State ofNew York. 10. That upon information and belief, Plaintiff has sustained economic loss greater than Insurance Law of the State of New basic economic loss as defined in Subdivision (a) of § 5102 of the York that reason said Plaintiff is entitled to recover for noneconomic loss and for and, by thereof, loss" such economic losses as are not included within the definition of "basic economic as set forth in the Insurance Law of the State of New York. 11. That this action falls within one or more of the exceptions set forth in CPLR 1602. 12. That as a consequence of the foregoing, Plaintiff was internally, externally and injured and has been prevented from and/or tending to her usual occupation permanently pursuing 3 of 7 FILED: SUFFOLK COUNTY CLERK 04/18/2024 09:33 AM INDEX NO. 610001/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024 and duties and that the same may continue for the remainder of her natural life. 13. That this Plaintiff sustained severe and serious personal injuries and economic loss as defined in § 5102 of the Insurance Law of the State of New York; that upon information and belief, she will continue to suffer from the aforesaid serious and permanent personal injuries for the remainder of her natural life and from the concomitant effects and sequelae thereof and therefrom. 14. That Plaintiff has been obliged to seek and obtain medical attention and may for the remainder of her natural life require medical consultations and attentions solely as a result of the Defendants' aforesaid negligence. 15. That solely as a result of the foregoing, Plaintiff has been damaged in an amount exceeding the statutory limits of any lower court having jurisdiction over this matter and in an amount that shall be determined at the time of trial herein. WHEREFORE, Plaintiff, LINDA RENAUD, demands judgment herein against the Defendants, DWIGHT W. PATTERSON and DAY ACCESSIBILITY AND MOBILITY SOLUTIONS, INC., in an amount exceeding the statutory limits of any lower court having jurisdiction over this matter and in an amount to be determined at the time of trial herein; all together with the costs and disbursements incurred herein. Dated: April 11, 2024 Merrick, New York L . NI T, ESQ. O RT . G & ASSOCIATES, P.C. A rneys fo laintiff 2284 Babylon Turnpike Merrick, New York 11566 (516) 826-8938 4 of 7 FILED: SUFFOLK COUNTY CLERK 04/18/2024 09:33 AM INDEX NO. 610001/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024 ATTORNEY VERIFICATION STATE OF NEW YORK ) ) : ss.: COUNTY OF NASSAU ) KAYLA L. KNIGHT, an attorney duly admitted to practice law in the courts of the State of New York, affirms under penalty of perjury the truth of the following: 1. That she is associated with Robert K. Young & Associates, the attorneys of record for the Plaintiff in the within action; that she has read the foregoing SUMMONS WITH VERIFIED COMPLAINT and knows the contents thereof; that the same is true to affirmant's knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters, affirmant believes it to be true; and that the source of affirmant's knowledge and the grounds of belief as to those matters therein stated to be alleged on information and belief are correspondence, investigations and reports caused to be made by affirmant and submitted to her as attorney for the Plaintiff which she verily believes to be true. 2. That the reason this Verification is made by affirmant and not by the Plaintiff is because the Plaintiff does not reside within the County of Nassau where affirmant maintains her principal office. 3. I, Kayla L. Knight, affirm this day of , 2024 under the penalties of perjury under the law of the State of New York, which may include a fine or imprisonment, that the is true, and I understand that this document may be filed in an foregoing action or proceeding in a court of law pursuant to CPLR § 2106 5 of 7 FILED: SUFFOLK COUNTY CLERK 04/18/2024 09:33 AM INDEX NO. 610001/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024 Dated: April 11, 2024 Merrick, New York YLA L. KNI 6 of 7 FILED: SUFFOLK COUNTY CLERK 04/18/2024 09:33 AM INDEX NO. 610001/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/18/2024 Index No.: Year: SUPREME COTRT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK LINDA RENAUD, Plaintiff, -against- DWIGHT W. PATTERSON and DAY ACCESSIBILTY AND MOBILITY SOLUTIONS, INC., Defendant. ROBERT K. YOUNG & ASSOCIATES, P.C. Attorney(s) for PLAINTIFF Office and Post Office Address, Telephone 2284 BABYLON TURNPIKE MERRICK, NEW YORK 11566 (516) 826-8938 (516) 826-4456 FAX: (516) 826-8932 SUMMONS AND VERIFIED COMPLAINT To Attorney(s) for Service of a copy of the within is hereby admitted. Dated, Attorney(s) for ....................................... Sir: Please take notice o NOTICE OF ENTRY that within is a (certified) true copy of a duly 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 the day of 20 at M. Dated: COMPLIANCE PURSUANT TO 22 NYCRR § 130-1.1-a To the best of the undersigned's knowledge, information and belief formed Yours, etc. after an inquiry reasonable under the circumstances, the within document(s) Robert Young & Associates here' and contentions contained e not frivo us as defined in 22 N CRR Attorney(s) for - Office and Post Address § 130-1.1-a. 2284 BABYLON TURNPIKE MERRICK, NY 11566 ANTITONY SÈADARO, ESQ. (516) 826-8938 ROBERT K. YOUNG & ASSOCIATES, P.C. (516) 826-4456 To Attorney(s) for 7 of 7