Preview
(FILED: ORANGE COUNTY CLERK 0471972024 04:40 PM INDEX NO. EFO03184-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
eK
ERIC MARINO, Index No.:
Plaintiff,
SUMMONS
-against-
Plaintiff designates Orange County as
the place of trial.
RAYMOURS FURNITURE COMPANY, INC. and The basis of the venue is:
DENNIS RICHARD BENOIT, Where the action arose
Defendants.
aan aon nn es X
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 attomey within twenty (20) days after the service of this summons,
exclusive of the day of service, where service is made by delivery upon you personally within the
state, or, within thirty (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 19, 2024
MORGAN & MORGAN NY PLLC
By: Nicholas Russo, Esq.
Attorneys for Plaintiff
199 Water Street, Suite 1500
New York, NY 10038
Tel: (407) 236-5988
Fax: (407) 204-2230
Filed in Orange County 04/19/2024 04:40:48 PM $0.00 Bk: a7f 9 Pg: 985 Index: # EF003184-2024 Clerk: LC
) ORAN OUN kK 04 04 40
DIV INDEX NO. EFQ03184-2024
NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 04/19/2024
Defendants’ addresses:
RAYMOURS FURNITURE COMPANY, INC
7248 Morgan Road
Liverpool, NY, 13088
And Via N.Y. Secretary of State
-and-
7230 Morgan Road
Liverpool, NY 13088
DENNIS RICHARD BENOIT
3432 Gaskin Road
Baldwinsville, New York 13027
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SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF ORANGE
non rte neem nnn enn nee ae ene nee nna!
ERIC MARINO, Index No.:
Plaintiff,
-against- VERIFIED COMPLAINT
RAYMOURS FURNITURE COMPANY, INC.
and DENNIS RICHARD BENOIT,
Defendants.
wane en en en en ee enn nee nein
Plaintiff, ERIC MARINO by and through his attommeys, MORGAN AND MORGAN NEW
YORK PLLC, complaining of the defendants RAYMOURS FURNITURE COMPANY, INC.
and DENNIS RICHARD BENOIT herein, respectfully shows to the Court, and alleges as follows
upon information and belief:
PARTIES AND JURISDICTION
1 Plaintiff, ERIC MARINO, is a natural person residing at 924 Sarah Lane, Endicott,
New York 13760, and is subject to the jurisdiction of this court.
2. Defendant, DENNIS RICHARD BENOIT, is a natural person residing at 3432
Gaskin Road, Baldwinsville, New York 13027, and may be served with a copy of the summons
and complaint at this address.
3 Defendant, RAYMOURS FURNITURE COMPANY, INC. is a Domestic
Corporation existing under the laws of New York State with its principal place of business in New
York and may be served through its registered agent Neil Goldberg at 7230 Morgan Road,
Liverpool, New York 13088, and is subject to the jurisdiction of this court.
4 Jurisdiction and venue are proper in this Court.
3
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BACKGROUND
5 On or about March 23, 2024, Plaintiff, ERIC MARINO, was driving his vehicle
on State Route 17 and Milepost 365, Goshen, New York.
6 Defendant, DENNIS RICHARD BENOIT was driving his Tractor-trailer on State
Route 17 and Milepost 365, Goshen, New York.
7 On March 23, 2024, Defendant DENNIS RICHARD BENOIT was operating his
Tractor-trailer on behalf of Defendant RAYMOURS FURNITURE COMPANY, INC.
8 On March 23, 2024, at said location on State Route 17 and Milepost 365, Goshen,
New York, Defendant, DENNIS RICHARD BENOIT, negligently operated his Tractor-trailer
so that it violently struck the rear of Plaintiff's vehicle.
9. Asa result of the collision, Plaintiff, ERIC MARINO, suffered severe serious and
permanent injuries.
COUNT I
NEGLIGENCE CLAIM AGAINST DENNIS RICHARD BENOIT
10. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 9, above.
11. Defendant DENNIS RICHARD BENOIT had a duty to operate the Truck in a
reasonably safe manner and to know of and abide by all laws and industry standards governing the
safe operation and maintenance of commercial motor vehicles.
12. Defendant DENNIS RICHARD BENOIT breached those duties and was
therefore negligent, in one or more of, but not limited to, the following ways:
a. failing to keep a proper lookout;
b. failing to maintain to yield the right of way in violation of New York VTL §1140.
c. driving carelessly in violation of New York VTL § 1129.
d. Following too close in violation of New York VTL § 1129-A;
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driving the Truck while distracted;
driving the Truck while fatigued;
exceeding hours of service limitations in violation of New York VTL §509-3;
failing to maintain control of the Truck;
failing to take appropriate evasive action;
J crashing into ERIC MARINO;
13, Defendant, DENNIS RICHARD BENOIT’S negligent conduct also violated laws
intended to protect and prevent crashes with drivers like the Plaintiff.
14. Defendant, DENNIS RICHARD BENOIT’S negligence directly and proximately
caused the Plaintiff's Damages.
COUNT II
NEGLIGENCE CLAIM AGAINST RAYMOURS FURNITURE COMPANY, INC.
15. Plaintiff incorporates by reference paragraphs 1 through 14, above.
16. Defendant, RAYMOURS FURNITURE COMPANY, INC., had a duty to ensure
that its drivers and vehicles were reasonably safe and complied with all laws and industry standards
concerning the safe operation and maintenance of commercial motor vehicles,
17. Defendant, RAYMOURS FURNITURE COMPANY, INC., breached the above-
mentioned duties and was therefore negligent in one or more of, but not limited to, the following
ways:
a, Failing to verify and ensure that Defendant DENNIS RICHARD BENOIT operated
the Truck in a reasonably safe manner and abided by all laws governing the safe
operation of commercial motor vehicles;
Failing to properly train and instruct Defendant DENNIS RICHARD BENOIT and
its drivers on defensive driving, safe driving, and proper lookout;
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Failing to properly supervise Defendant DENNIS RICHARD BENOIT
and identify
dangerous routes and driving behavior that could have been corrected to avoid
this
crash;
Failing to ensure Defendant DENNIS RICHARD BENOIT was qualifie
d to operate
the truck;
Knowingly failing to promote and enforce systems and procedures for the safe
operation of motor vehicles and, thus, creating a zone and culture of risk that
constituted a dangerous mode of operation reasonably anticipated to cause injury
and/or
death to the traveling public, including the Plaintiff;
18. Defendant, RAYMOURS FURNITURE COMPANY, INC.’S negligent conduct
also violated laws intended to protect and prevent crashes with drivers like the Plaintiff.
19. Defendant, RAYMOURS FURNITURE COMPANY, INC.’S negligence
directly and proximately caused the Plaintiff's Damages.
COUNT Il
NEGLIGENT ENTRUSMENT AGAINST DEFENDANT
RAYMOURSE
Se
S FURNITURE
R COMPANY
AE , INC.
MTANY, ENC.
20. Plaintiff incorporates herein the allegations in paragraphs 1-19, above.
21. Defendant, RAYMOURS FURNITURE COMPANY, INC. had a duty to avoid
the foreseeable harm posed by entrusting the subject Truck to a dangerous and unqualified driver
like Defendant, DENNIS RICHARD BENOIT.
22. Defendant, RAYMOURS FURNITURE COMPANY, INC. had a duty to avoid
the foreseeable harm posed by entrusting the defective subject Truck to Defendant, DENNIS
RICHARD BENOIT.
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NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 04/19/2024
23. Defendant, RAYMOURS FURNITURE COMPANY, ; INC, breached that duty
and was therefore negligent, when it entrusted the subject Truck to Defendant, DENNIS
RICHARD BENOIT, despite his record of unsafe and negligent driving and unfitness to
operate
a commercial motor vehicle, which were or should have been known to Defendant
RAYMOURS
FURNITURE COMPANY, INC.
24. Defendant, RAYMOURS FURNITURE COMPANY, INC.’S negligence
directly and proximately caused the Plaintiff's Damages.
COUNT IV
YICARIOUS LIABILITY AGAINST RAYMOURS FURNITURE COMPANY,
INC,
25. Plaintiff incorporates herein the allegations in paragraph 1-24, above.
26. At all relevant times, Defendant DENNIS RICHARD BENOIT was Defendant
RAYMOURS FURNITURE COMPANY, INC.’S statutory employee of, acting within the
course and scope of his agency or employment with, and under the direct control and for the benefit
of Defendant RAYMOURS FURNITURE COMPANY, INC,
27. Therefore, Defendant RAYMOURS FURNITURE COMPANY, INC. is
vicariously liable for the negligent acts of Defendant DENNIS RICHARD BENOIT.
28. As a result of defendants’ negligence, plaintiff suffered serious and permanent
injuries. As a result of defendants’ negligence, plaintiff has incurred past medical expenses and
will continue to incur future medical expenses. As a result of defendants’ negligence, plaintiff has
been unable to work and has a claim for past and future lost wages. Defendants’ negligence is the
sole and proximate cause of plaintiff's injuries.
WHEREFORE, Plaintiff prays that he has a trial on all issues and judgment against
Defendants as follows:
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NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 04/19/2024
That plaintiff recover the full value of past and future medical expenses and past
and future lost wages in an amount to be proven at trial;
That plaintiff recover for physical and mental pain and suffering in an amount to be
determined by the enlightened conscience of a jury;
That plaintiff recover punitive damages in an amount to be determined by the
enlightened conscience of a jury; and
d That plaintiff recover such other and further relief as is just and proper.
Dated: New York, New York
April 19, 2024
Respectfully Submitted,
Spe NY PLLC
By: Nicholas Russo, Esq.
Attomeys for Plaintiff
199 Water Street, Suite 1500
New York, NY 10038
Tel: (407) 236-5988
Fax: (407) 204-2230
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ATTORNEY VERIFICATION
Nicholas Russo, Esq., an attorney duly licensed to practice in the courts of the State of New
York, hereby affirms the following under penalties of perjury:
That I am associated with the law firm of MORGAN & MORGAN NY, PLLC attorneys
for the plaintiff in the within action; that I have read the foregoing SUMMONS AND VERIFIED
COMPLAINT and know the contents thereof: and that the same is te to my own knowledge,
except as to the matters therein alleged to be on information and belief, and as to those matters, J
believe them to be true. The reason this Verification is made by me and not by the plaintiff is that
said claimants resides outside of the County in which the Affirmant’s office is located.
The grounds of my belief as to all matters stated upon my own knowledge are as follows:
the records, reports, contracts, and/or documents contained in the plaintiff's file.
Affirmed: April 19, 2024
New York, New York
Eo
Nicholas Russo, Esq.
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Preview
(FILED: ORANGE COUNTY CLERK 0471972024 04:40 PM INDEX NO. EFO03184-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE eK ERIC MARINO, Index No.: Plaintiff, SUMMONS -against- Plaintiff designates Orange County as the place of trial. RAYMOURS FURNITURE COMPANY, INC. and The basis of the venue is: DENNIS RICHARD BENOIT, Where the action arose Defendants. aan aon nn es X 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 attomey within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within thirty (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 19, 2024 MORGAN & MORGAN NY PLLC By: Nicholas Russo, Esq. Attorneys for Plaintiff 199 Water Street, Suite 1500 New York, NY 10038 Tel: (407) 236-5988 Fax: (407) 204-2230 Filed in Orange County 04/19/2024 04:40:48 PM $0.00 Bk: a7f 9 Pg: 985 Index: # EF003184-2024 Clerk: LC ) ORAN OUN kK 04 04 40 DIV INDEX NO. EFQ03184-2024 NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 Defendants’ addresses: RAYMOURS FURNITURE COMPANY, INC 7248 Morgan Road Liverpool, NY, 13088 And Via N.Y. Secretary of State -and- 7230 Morgan Road Liverpool, NY 13088 DENNIS RICHARD BENOIT 3432 Gaskin Road Baldwinsville, New York 13027 2 0f 9 ) ORAN OUN kK 04 04 40 DIV INDEX NO. EFO03184-2024 NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF ORANGE non rte neem nnn enn nee ae ene nee nna! ERIC MARINO, Index No.: Plaintiff, -against- VERIFIED COMPLAINT RAYMOURS FURNITURE COMPANY, INC. and DENNIS RICHARD BENOIT, Defendants. wane en en en en ee enn nee nein Plaintiff, ERIC MARINO by and through his attommeys, MORGAN AND MORGAN NEW YORK PLLC, complaining of the defendants RAYMOURS FURNITURE COMPANY, INC. and DENNIS RICHARD BENOIT herein, respectfully shows to the Court, and alleges as follows upon information and belief: PARTIES AND JURISDICTION 1 Plaintiff, ERIC MARINO, is a natural person residing at 924 Sarah Lane, Endicott, New York 13760, and is subject to the jurisdiction of this court. 2. Defendant, DENNIS RICHARD BENOIT, is a natural person residing at 3432 Gaskin Road, Baldwinsville, New York 13027, and may be served with a copy of the summons and complaint at this address. 3 Defendant, RAYMOURS FURNITURE COMPANY, INC. is a Domestic Corporation existing under the laws of New York State with its principal place of business in New York and may be served through its registered agent Neil Goldberg at 7230 Morgan Road, Liverpool, New York 13088, and is subject to the jurisdiction of this court. 4 Jurisdiction and venue are proper in this Court. 3 3 0f 9 ) ORAN OUN kK 04 04 40 DIV INDEX NO. EFO03184-2024 NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 BACKGROUND 5 On or about March 23, 2024, Plaintiff, ERIC MARINO, was driving his vehicle on State Route 17 and Milepost 365, Goshen, New York. 6 Defendant, DENNIS RICHARD BENOIT was driving his Tractor-trailer on State Route 17 and Milepost 365, Goshen, New York. 7 On March 23, 2024, Defendant DENNIS RICHARD BENOIT was operating his Tractor-trailer on behalf of Defendant RAYMOURS FURNITURE COMPANY, INC. 8 On March 23, 2024, at said location on State Route 17 and Milepost 365, Goshen, New York, Defendant, DENNIS RICHARD BENOIT, negligently operated his Tractor-trailer so that it violently struck the rear of Plaintiff's vehicle. 9. Asa result of the collision, Plaintiff, ERIC MARINO, suffered severe serious and permanent injuries. COUNT I NEGLIGENCE CLAIM AGAINST DENNIS RICHARD BENOIT 10. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 9, above. 11. Defendant DENNIS RICHARD BENOIT had a duty to operate the Truck in a reasonably safe manner and to know of and abide by all laws and industry standards governing the safe operation and maintenance of commercial motor vehicles. 12. Defendant DENNIS RICHARD BENOIT breached those duties and was therefore negligent, in one or more of, but not limited to, the following ways: a. failing to keep a proper lookout; b. failing to maintain to yield the right of way in violation of New York VTL §1140. c. driving carelessly in violation of New York VTL § 1129. d. Following too close in violation of New York VTL § 1129-A; 40f 9 ) ORAN OUN kK 04 04 40 DIV INDEX NO. EFO03184-2024 NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 driving the Truck while distracted; driving the Truck while fatigued; exceeding hours of service limitations in violation of New York VTL §509-3; failing to maintain control of the Truck; failing to take appropriate evasive action; J crashing into ERIC MARINO; 13, Defendant, DENNIS RICHARD BENOIT’S negligent conduct also violated laws intended to protect and prevent crashes with drivers like the Plaintiff. 14. Defendant, DENNIS RICHARD BENOIT’S negligence directly and proximately caused the Plaintiff's Damages. COUNT II NEGLIGENCE CLAIM AGAINST RAYMOURS FURNITURE COMPANY, INC. 15. Plaintiff incorporates by reference paragraphs 1 through 14, above. 16. Defendant, RAYMOURS FURNITURE COMPANY, INC., had a duty to ensure that its drivers and vehicles were reasonably safe and complied with all laws and industry standards concerning the safe operation and maintenance of commercial motor vehicles, 17. Defendant, RAYMOURS FURNITURE COMPANY, INC., breached the above- mentioned duties and was therefore negligent in one or more of, but not limited to, the following ways: a, Failing to verify and ensure that Defendant DENNIS RICHARD BENOIT operated the Truck in a reasonably safe manner and abided by all laws governing the safe operation of commercial motor vehicles; Failing to properly train and instruct Defendant DENNIS RICHARD BENOIT and its drivers on defensive driving, safe driving, and proper lookout; 5 of 9 ) ORAN OUN kK 04 04 40 DIV INDEX NO. EFQ03184-2024 NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 Failing to properly supervise Defendant DENNIS RICHARD BENOIT and identify dangerous routes and driving behavior that could have been corrected to avoid this crash; Failing to ensure Defendant DENNIS RICHARD BENOIT was qualifie d to operate the truck; Knowingly failing to promote and enforce systems and procedures for the safe operation of motor vehicles and, thus, creating a zone and culture of risk that constituted a dangerous mode of operation reasonably anticipated to cause injury and/or death to the traveling public, including the Plaintiff; 18. Defendant, RAYMOURS FURNITURE COMPANY, INC.’S negligent conduct also violated laws intended to protect and prevent crashes with drivers like the Plaintiff. 19. Defendant, RAYMOURS FURNITURE COMPANY, INC.’S negligence directly and proximately caused the Plaintiff's Damages. COUNT Il NEGLIGENT ENTRUSMENT AGAINST DEFENDANT RAYMOURSE Se S FURNITURE R COMPANY AE , INC. MTANY, ENC. 20. Plaintiff incorporates herein the allegations in paragraphs 1-19, above. 21. Defendant, RAYMOURS FURNITURE COMPANY, INC. had a duty to avoid the foreseeable harm posed by entrusting the subject Truck to a dangerous and unqualified driver like Defendant, DENNIS RICHARD BENOIT. 22. Defendant, RAYMOURS FURNITURE COMPANY, INC. had a duty to avoid the foreseeable harm posed by entrusting the defective subject Truck to Defendant, DENNIS RICHARD BENOIT. 6 of 9 ) ORAN OUN kK 04 04 40 DIV INDEX NO. EFQ03184-2024 NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 23. Defendant, RAYMOURS FURNITURE COMPANY, ; INC, breached that duty and was therefore negligent, when it entrusted the subject Truck to Defendant, DENNIS RICHARD BENOIT, despite his record of unsafe and negligent driving and unfitness to operate a commercial motor vehicle, which were or should have been known to Defendant RAYMOURS FURNITURE COMPANY, INC. 24. Defendant, RAYMOURS FURNITURE COMPANY, INC.’S negligence directly and proximately caused the Plaintiff's Damages. COUNT IV YICARIOUS LIABILITY AGAINST RAYMOURS FURNITURE COMPANY, INC, 25. Plaintiff incorporates herein the allegations in paragraph 1-24, above. 26. At all relevant times, Defendant DENNIS RICHARD BENOIT was Defendant RAYMOURS FURNITURE COMPANY, INC.’S statutory employee of, acting within the course and scope of his agency or employment with, and under the direct control and for the benefit of Defendant RAYMOURS FURNITURE COMPANY, INC, 27. Therefore, Defendant RAYMOURS FURNITURE COMPANY, INC. is vicariously liable for the negligent acts of Defendant DENNIS RICHARD BENOIT. 28. As a result of defendants’ negligence, plaintiff suffered serious and permanent injuries. As a result of defendants’ negligence, plaintiff has incurred past medical expenses and will continue to incur future medical expenses. As a result of defendants’ negligence, plaintiff has been unable to work and has a claim for past and future lost wages. Defendants’ negligence is the sole and proximate cause of plaintiff's injuries. WHEREFORE, Plaintiff prays that he has a trial on all issues and judgment against Defendants as follows: 7 of 9 ) ORAN OUN kK 04 04 40 DIV INDEX NO. EFO03184-2024 NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 That plaintiff recover the full value of past and future medical expenses and past and future lost wages in an amount to be proven at trial; That plaintiff recover for physical and mental pain and suffering in an amount to be determined by the enlightened conscience of a jury; That plaintiff recover punitive damages in an amount to be determined by the enlightened conscience of a jury; and d That plaintiff recover such other and further relief as is just and proper. Dated: New York, New York April 19, 2024 Respectfully Submitted, Spe NY PLLC By: Nicholas Russo, Esq. Attomeys for Plaintiff 199 Water Street, Suite 1500 New York, NY 10038 Tel: (407) 236-5988 Fax: (407) 204-2230 8 of 9 ) ORAN OUN kK 04 04 40 DIV INDEX NO. EFO03184-2024 NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 ATTORNEY VERIFICATION Nicholas Russo, Esq., an attorney duly licensed to practice in the courts of the State of New York, hereby affirms the following under penalties of perjury: That I am associated with the law firm of MORGAN & MORGAN NY, PLLC attorneys for the plaintiff in the within action; that I have read the foregoing SUMMONS AND VERIFIED COMPLAINT and know the contents thereof: and that the same is te to my own knowledge, except as to the matters therein alleged to be on information and belief, and as to those matters, J believe them to be true. The reason this Verification is made by me and not by the plaintiff is that said claimants resides outside of the County in which the Affirmant’s office is located. The grounds of my belief as to all matters stated upon my own knowledge are as follows: the records, reports, contracts, and/or documents contained in the plaintiff's file. Affirmed: April 19, 2024 New York, New York Eo Nicholas Russo, Esq. 9 of 9