Preview
FILED: ROCKLAND COUNTY CLERK 04/23/2024 03:06 PM INDEX NO. 032221/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND Index No.
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Epitmmotts
RALPH DELEONARDO,
Plaintiff, Plaintiff designates
ROCKLAND County as the place
against of trial of this action.
IRA E. RAPPAPORT and "JOHN DOE", The basis of venue designated is:
The County in which the subject
Defendant, accident occurred.
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To the above named Defendant(s)
88 Art IJettby 5ttatBI08th 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 within30 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
reliefdemanded in the complaint.
DATED: New York, New York
April 17, 2024
Harmon, Linder & Rogowsky
Attorneys for Plaintiff(s)
3 Park Avenue, Suite 2300
New York, NY 10016
Defendant's Address:
Ira E. Rappaport
15 Sagamore Avenue
Suffern, NY 10901
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
--------------------------------------x
RALPH DELEONARDO,
VERIFIED COMPLAINT
Plaintiff, Index #:
-against-
IRA E. RAPPAPORT and "JOHN DOE",
Defendants.
--------------------------------------x
Plaintiff, complaining of the defendants herein by his
attorneys, HARMON, LINDER & ROGOWSKY, ESQS., respectfully sets
forth and alleges, as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF RALPH DELEONARDO
1. That at the accident herein complained of occurred within the
County of ROCKLAND, State of New York.
2. That at all times herein mentioned defendant, IRA RAPPAPORT,
is the owner of the aforesaid bearing registration number
GLH9975, State of New York.
3. That at all times herein mentioned defendant, "JOHN DOE", was
the operator of the aforesaid automobile bearing registration
number GLH9975, State of New York.
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.
4. 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, IRA RAPPAPORT, with
the knowledge, consent, and permission, either express or
implied of the defendant owner thereof.
5. That at all times herein mentioned plaintiff, RALPH
DELEONARDO was the owner and operator of a motorcycle bearing
registration number UNKNOWN.
6. That on the Fourth day of July 2022, at approximately 11:03
a.m., the aforesaid vehicles came into contact with plaintiff's
vehicle at 140 Orange Avenue, a public street and thoroughfare,
in the County of ROCKLAND, State of New York.
7. The defendants so carelessly and negligently operated their
aforesaid respective vehicles so as to cause the aforesaid
contact.
8. 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.
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9. That the aforesaid occurrence and the injuries sustained by
this plaintiff were caused the negligence of the defendants.
by
10. 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.
11. This action falls within one or more of the exceptions set
forth in CPLR Section 1602.
12. That by reason of the foregoing, plaintiff, RALPH
DELEONARDO, has been damaged in an amount which exceeds the
jurisdictional limits of all lower courts that would otherwise
have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION ON
BEHALF OF PLAINTIFF RALPH DELEONARDO
13. This plaintiff repeats, reiterates and realleges each and
every allegation contained in paragraphs of this complaint
"1"
numbered through "12", inclusive, with the same force and
effect as though the same were more fully set forth at length
herein.
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14. That defendant so carelessly and negligently operated their
aforesaid respective motor vehicle so as to cause the aforesaid
contact.
15. That as a result of the foregoing, this plaintiff's
aforesaid vehicle was caused to and did sustain property damage
and this plaintiff was required to seek and obtain mechanical
attention in an effort to repair the damages.
16. That the aforesaid occurrence and property damage sustained
by this plaintiff's vehicle was caused by the negligence of the
defendants and not by any act or omission on the part of this
plaintiff contributing thereto.
WHEREFORE, plaintiff, RALPH DELEONARDO, demands judgement
against the defendants in the First Cause of Action in an amount
which exceeds the jurisdictional limits of all lower courts that
would otherwise have jurisdiction and plaintiff, RALPH
DELEONARDO, demands judgement against the defendants in the
Second Cause of Action; all together with the costs and
disbursements of this action.
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Dated: New York, NY
April 17, 2024
Olbul . h, 6 .
HARMON, LINDER & ROGOWSKY, ESQS.
Attorney (s) for Plaintiff (s)
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665)
M JL /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 17, 2024
Mark J. Linder Esq.,
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Index No. Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
____________________________________________________________________________________________________________ ______
RALPH DELEONARDO,
Plaintiff,
-against-
IRA E. RAPPAPORT 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 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
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
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Preview
FILED: ROCKLAND COUNTY CLERK 04/23/2024 03:06 PM INDEX NO. 032221/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND Index No. --------------------------------------------------------------------X Epitmmotts RALPH DELEONARDO, Plaintiff, Plaintiff designates ROCKLAND County as the place against of trial of this action. IRA E. RAPPAPORT and "JOHN DOE", The basis of venue designated is: The County in which the subject Defendant, accident occurred. ---------------------------------------------------------------------X To the above named Defendant(s) 88 Art IJettby 5ttatBI08th 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 within30 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 reliefdemanded in the complaint. DATED: New York, New York April 17, 2024 Harmon, Linder & Rogowsky Attorneys for Plaintiff(s) 3 Park Avenue, Suite 2300 New York, NY 10016 Defendant's Address: Ira E. Rappaport 15 Sagamore Avenue Suffern, NY 10901 1 of 8 FILED: ROCKLAND COUNTY CLERK 04/23/2024 03:06 PM INDEX NO. 032221/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND --------------------------------------x RALPH DELEONARDO, VERIFIED COMPLAINT Plaintiff, Index #: -against- IRA E. RAPPAPORT and "JOHN DOE", Defendants. --------------------------------------x Plaintiff, complaining of the defendants herein by his attorneys, HARMON, LINDER & ROGOWSKY, ESQS., respectfully sets forth and alleges, as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF RALPH DELEONARDO 1. That at the accident herein complained of occurred within the County of ROCKLAND, State of New York. 2. That at all times herein mentioned defendant, IRA RAPPAPORT, is the owner of the aforesaid bearing registration number GLH9975, State of New York. 3. That at all times herein mentioned defendant, "JOHN DOE", was the operator of the aforesaid automobile bearing registration number GLH9975, State of New York. 2 of 8 FILED: ROCKLAND COUNTY CLERK 04/23/2024 03:06 PM INDEX NO. 032221/2024 4 NO. 1 NYSCEF DOC. RECEIVED NYSCEF: 04/23/2024 . 4. 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, IRA RAPPAPORT, with the knowledge, consent, and permission, either express or implied of the defendant owner thereof. 5. That at all times herein mentioned plaintiff, RALPH DELEONARDO was the owner and operator of a motorcycle bearing registration number UNKNOWN. 6. That on the Fourth day of July 2022, at approximately 11:03 a.m., the aforesaid vehicles came into contact with plaintiff's vehicle at 140 Orange Avenue, a public street and thoroughfare, in the County of ROCKLAND, State of New York. 7. The defendants so carelessly and negligently operated their aforesaid respective vehicles so as to cause the aforesaid contact. 8. 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. 3 of 8 FILED: ROCKLAND COUNTY CLERK 04/23/2024 03:06 PM INDEX NO. 032221/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 9. That the aforesaid occurrence and the injuries sustained by this plaintiff were caused the negligence of the defendants. by 10. 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. 11. This action falls within one or more of the exceptions set forth in CPLR Section 1602. 12. That by reason of the foregoing, plaintiff, RALPH DELEONARDO, has been damaged in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF RALPH DELEONARDO 13. This plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs of this complaint "1" numbered through "12", inclusive, with the same force and effect as though the same were more fully set forth at length herein. 4 of 8 FILED: ROCKLAND COUNTY CLERK 04/23/2024 03:06 PM INDEX NO. 032221/2024 . NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 14. That defendant so carelessly and negligently operated their aforesaid respective motor vehicle so as to cause the aforesaid contact. 15. That as a result of the foregoing, this plaintiff's aforesaid vehicle was caused to and did sustain property damage and this plaintiff was required to seek and obtain mechanical attention in an effort to repair the damages. 16. That the aforesaid occurrence and property damage sustained by this plaintiff's vehicle was caused by the negligence of the defendants and not by any act or omission on the part of this plaintiff contributing thereto. WHEREFORE, plaintiff, RALPH DELEONARDO, demands judgement against the defendants in the First Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction and plaintiff, RALPH DELEONARDO, demands judgement against the defendants in the Second Cause of Action; all together with the costs and disbursements of this action. 5 of 8 FILED: ROCKLAND COUNTY CLERK 04/23/2024 03:06 PM INDEX NO. 032221/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 Dated: New York, NY April 17, 2024 Olbul . h, 6 . HARMON, LINDER & ROGOWSKY, ESQS. Attorney (s) for Plaintiff (s) 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665) M JL /ml 6 of 8 FILED: ROCKLAND COUNTY CLERK 04/23/2024 03:06 PM INDEX NO. 032221/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 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 17, 2024 Mark J. Linder Esq., 7 of 8 FILED: ROCKLAND COUNTY CLERK 04/23/2024 03:06 PM INDEX NO. 032221/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ____________________________________________________________________________________________________________ ______ RALPH DELEONARDO, Plaintiff, -against- IRA E. RAPPAPORT 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 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 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 8 of 8