Preview
FILED: BRONX COUNTY CLERK 04/23/2024 12:12 PM INDEX NO. 806639/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
________________________________________________________________________x
ANTHONY BENITEZ, Index No:
Plaintiff, Plaintiff designates
BRONX as
-against- the place of trial
The basis of venue is
DANIELLE ARMINIO and CHRISTIAN SCHULER, Situs of the Incident.
Defendants, SUMMONS
------------------------------------------------------------------------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 attorneys within twenty (20) days after 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 23, 2024
New York, New York
Yours, etc.,
SHUL N & HILL, PLLC
By:
JON N S. WACHLARZ, ES .
Att rne for Plaintiff
15th
One ate Street Plaza, FlOOr
New York, New York 10028
(212) 221-1000
Our File No.: 234134
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RIDER:
DANIELLE ARMINIO
476 ½ West William Street
Post Chester, New York 10573
CHRISTIAN SCHULER
274 Jerusalem Avenue
Massapequa, New York 11758
PLEASE SEND TO YOUR INSURANCE COMPANY
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
-----------------------------------------------------------------------X
ANTHONY BENITEZ,
VERIFIED
Plaintiff, COMPLAINT
-against- Index No.:
DANIELLE ARMINIO and CHRISTIAN SCHULER,
Defendants,
------------------------------------------------------------------------X
Plaintiff, by his attorneys, SHULMAN & HILL, PLLC, complaining of the defendant,
respectfully sets forth and allege upon information and belief, as follows:
1. At all times hereinafter mentioned, the plaintiff, ANTHONY BENITEZ,
(hereinafter "plaintiff") was and still is a resident of the County of Westchester, City and State of
New York.
2. At all times hereinafter mentioned, the defendant, DANIELLE ARMINIO, was a
resident of the County of Westchester, City and State of New York.
3. At all times hereinafter mentioned, the defendant, CHRISTIAN SCHULER, was
a resident of the County of Nassau, City and State of New York.
4. At all times hereinafter mentioned, the plaintiff was the driver of a 2018 Ford Motor
Vehicle bearing New York state license Plate number 4463-18.
5. At all times hereinafter mentioned the defendant DANIELLE ARMINIO, owned a
2010 Nissan Motor Vehicle bearing New York State license plate number GMW8908.
6. At all times hereinafter mentioned, the defendant DANIELLE ARMINIO, was the
operator of the 2010 Nissan Motor vehicle bearing New York license plate number GMW8908.
7. At all times hereinafter mentioned, the defendant DANIELLE ARMINIO,
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controlled a 2010 Nissan Motor vehicle bearing New York license plate number GMW8908.
8. At all times hereina昀琀er mentioned, the de昀攀ndants DANIELLE ARMINIO,
maintained a 2010 Nissan Motor vehicle bearing New York license plate number GMW8908.
9. At all times hereina昀琀er mentioned the de昀攀ndant CHRISTIAN SCHULER, owned
a 2010 Nissan Motor vehicle bearing New York license plate number GMW8908.
10. At all times hereina昀琀er mentioned, the defendant CHRISTIAN SCHULER, was
the operator of the 2010 Nissan Motor vehicle bearing New York license plate number
GMW8908.
11. At all times hereina昀琀er mentioned, the de昀攀ndant CHRISTIAN SCHULER,
controlled a 2010 Nissan Motor vehicle bearing New York license plate number GMW8908.
12. At all times hereina昀琀er mentioned, the de昀攀ndants CHRISTIAN SCHULER,
maintained a 2010 Nissan Motor vehicle bearing New York license plate number GMW8908.
13. Upon info渀渀ation and belief, on or about September 19, 2023, at approximately
10:14AM, the defendant, DANIELLE ARMINIO, operated and controlled the aforementioned
vehicle on Sound Bo甀渀d Mayflower Avenue at or near its intersection with Westchester Avenue
in the County of the Bronx, City and State of New York.
14. Upon in昀漀rmation and belief, on or September 19, 2023, at approximately 10:14AM,
the de昀攀ndant, CHRISTIAN SCHULER, operated and controlled the vehicle on Sound Bound
Mayflower A venue at or near its intersection with Mayflower Avenue in the County of the Bronx,
City and State of New York.
15. That on or September 19, 2023, the de昀攀ndant, DANIELLE ARMINIO, was
operating the aforementioned vehicle under his control, with the permission and consent,
both express and implied, of the defendant CHRISTIAN SCHULER, on Sound Bound
Mayflower
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Avenue at or near its intersection with Mayflower Avenue in the County of the Bronx, City and State
of New York, when their vehicles were involved in a collision with the aforementioned vehicle
operated by plaintiff and owned by New York City Police Department.
16. Upon information and belief, the aforementioned collision was proximately caused
by the negligence, carelessness, and recklessness, gross recklessness, and gross negligence of the
defendant, in the ownership, operation and control of the aforementioned vehicle, without any
negligence on the part of the plaintiff contributing thereto.
17. Upon information and belief, as a proximate result of the negligence, carelessness,
and recklessness of the defendant, the plaintiff has been caused to suffer severe physical and
emotional injuries, all of which are believed to be permanent and continuing in nature, duration,
and effect, has incurred medical and other expense, has been unable to pursue his usual vocations,
and has suffered and will continue to suffer from severe physical and emotional pain, all to his
great detriment and damage.
18. Upon information and belief, by reason of the foregoing, the plaintiff has sustained
a serious injury as defined by Section 5102 of the Insurance Law of the State of New York, and/or
economic loss greater than basic economic loss as defined by Section 5102 of the Insurance Law
of the State of New York.
person"
19. Upon information and belief, the plaintiff is a "covered as defined by
Section 5102 of the Insurance Law of the State of New York.
20. Upon information and belief, the limitations on liability set forth in Article 16 of
the New York Civil Practice Law and Rules do not apply since the plaintiff's action falls within
the exemption set forth in subdivision (6).
21. By reason of the foregoing, the plaintiff is entitled to compensatory damages from
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024
the defendants in a sum which exceeds the jurisdictional limits of all lower Courts which might
otherwise have jurisdiction, and is further entitled to punitive and/or exemplary damages in a sum
which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
WHEREFORE, the plaintiff demands judgment as against the defendants in the sum
which exceeds the jurisdictional limits of all lower Courts which might otherwise have jurisdiction,
and is further entitled to punitive and/or exemplary damages in a sum which exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction.
Dated: April 23, 2024
New York, New York
Yours, etc.,
SHULMAN & HILL, PLLC
By:
J AÑ-f. WA LARZ, ES .
At rn s for Plaintiff
15th
On ate Street Plaza, PlOOr
New York, New York 10028
(212) 221-1000
Our File No.: 234134
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ATTORNEY VERIFICATION:
JONATHAN S. WACHLARZ, an attorney duly admitted to practice before the Courts of
the State of New York, hereby affirms the truth of the following under penalty of perjury:
I am an associate of the law firm of SHULMAN & HILL, PLLC., the attorneys for the
plaintiff, and as such am familiar with the facts and circumstances herein.
I have read the foregoing VERIFIED SUMMONS AND VERIFIED COMPLAINT and
know the contents thereof to be true to my knowledge, except as to those matters therein stated
upon information and belief, and as to those matters I believe them to be true.
The grounds of my belief as to those matters stated upon information and belief are as
follows: conversations with plaintiff, medical records and investigation reports on file.
The reason this verification is made by me and not the plaintiff personally is because the
plaintiff resides outside the county where I maintain my office.
Dated: April 23, 2024
New York, New York
J A HAN S. WA Z
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Preview
FILED: BRONX COUNTY CLERK 04/23/2024 12:12 PM INDEX NO. 806639/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ________________________________________________________________________x ANTHONY BENITEZ, Index No: Plaintiff, Plaintiff designates BRONX as -against- the place of trial The basis of venue is DANIELLE ARMINIO and CHRISTIAN SCHULER, Situs of the Incident. Defendants, SUMMONS ------------------------------------------------------------------------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 attorneys within twenty (20) days after 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 23, 2024 New York, New York Yours, etc., SHUL N & HILL, PLLC By: JON N S. WACHLARZ, ES . Att rne for Plaintiff 15th One ate Street Plaza, FlOOr New York, New York 10028 (212) 221-1000 Our File No.: 234134 1 of 7 FILED: BRONX COUNTY CLERK 04/23/2024 12:12 PM INDEX NO. 806639/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 RIDER: DANIELLE ARMINIO 476 ½ West William Street Post Chester, New York 10573 CHRISTIAN SCHULER 274 Jerusalem Avenue Massapequa, New York 11758 PLEASE SEND TO YOUR INSURANCE COMPANY 2 of 7 FILED: BRONX COUNTY CLERK 04/23/2024 12:12 PM INDEX NO. 806639/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -----------------------------------------------------------------------X ANTHONY BENITEZ, VERIFIED Plaintiff, COMPLAINT -against- Index No.: DANIELLE ARMINIO and CHRISTIAN SCHULER, Defendants, ------------------------------------------------------------------------X Plaintiff, by his attorneys, SHULMAN & HILL, PLLC, complaining of the defendant, respectfully sets forth and allege upon information and belief, as follows: 1. At all times hereinafter mentioned, the plaintiff, ANTHONY BENITEZ, (hereinafter "plaintiff") was and still is a resident of the County of Westchester, City and State of New York. 2. At all times hereinafter mentioned, the defendant, DANIELLE ARMINIO, was a resident of the County of Westchester, City and State of New York. 3. At all times hereinafter mentioned, the defendant, CHRISTIAN SCHULER, was a resident of the County of Nassau, City and State of New York. 4. At all times hereinafter mentioned, the plaintiff was the driver of a 2018 Ford Motor Vehicle bearing New York state license Plate number 4463-18. 5. At all times hereinafter mentioned the defendant DANIELLE ARMINIO, owned a 2010 Nissan Motor Vehicle bearing New York State license plate number GMW8908. 6. At all times hereinafter mentioned, the defendant DANIELLE ARMINIO, was the operator of the 2010 Nissan Motor vehicle bearing New York license plate number GMW8908. 7. At all times hereinafter mentioned, the defendant DANIELLE ARMINIO, 3 of 7 FILED: BRONX COUNTY CLERK 04/23/2024 12:12 PM INDEX NO. 806639/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 controlled a 2010 Nissan Motor vehicle bearing New York license plate number GMW8908. 8. At all times hereina昀琀er mentioned, the de昀攀ndants DANIELLE ARMINIO, maintained a 2010 Nissan Motor vehicle bearing New York license plate number GMW8908. 9. At all times hereina昀琀er mentioned the de昀攀ndant CHRISTIAN SCHULER, owned a 2010 Nissan Motor vehicle bearing New York license plate number GMW8908. 10. At all times hereina昀琀er mentioned, the defendant CHRISTIAN SCHULER, was the operator of the 2010 Nissan Motor vehicle bearing New York license plate number GMW8908. 11. At all times hereina昀琀er mentioned, the de昀攀ndant CHRISTIAN SCHULER, controlled a 2010 Nissan Motor vehicle bearing New York license plate number GMW8908. 12. At all times hereina昀琀er mentioned, the de昀攀ndants CHRISTIAN SCHULER, maintained a 2010 Nissan Motor vehicle bearing New York license plate number GMW8908. 13. Upon info渀渀ation and belief, on or about September 19, 2023, at approximately 10:14AM, the defendant, DANIELLE ARMINIO, operated and controlled the aforementioned vehicle on Sound Bo甀渀d Mayflower Avenue at or near its intersection with Westchester Avenue in the County of the Bronx, City and State of New York. 14. Upon in昀漀rmation and belief, on or September 19, 2023, at approximately 10:14AM, the de昀攀ndant, CHRISTIAN SCHULER, operated and controlled the vehicle on Sound Bound Mayflower A venue at or near its intersection with Mayflower Avenue in the County of the Bronx, City and State of New York. 15. That on or September 19, 2023, the de昀攀ndant, DANIELLE ARMINIO, was operating the aforementioned vehicle under his control, with the permission and consent, both express and implied, of the defendant CHRISTIAN SCHULER, on Sound Bound Mayflower 4 of 7 FILED: BRONX COUNTY CLERK 04/23/2024 12:12 PM INDEX NO. 806639/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 Avenue at or near its intersection with Mayflower Avenue in the County of the Bronx, City and State of New York, when their vehicles were involved in a collision with the aforementioned vehicle operated by plaintiff and owned by New York City Police Department. 16. Upon information and belief, the aforementioned collision was proximately caused by the negligence, carelessness, and recklessness, gross recklessness, and gross negligence of the defendant, in the ownership, operation and control of the aforementioned vehicle, without any negligence on the part of the plaintiff contributing thereto. 17. Upon information and belief, as a proximate result of the negligence, carelessness, and recklessness of the defendant, the plaintiff has been caused to suffer severe physical and emotional injuries, all of which are believed to be permanent and continuing in nature, duration, and effect, has incurred medical and other expense, has been unable to pursue his usual vocations, and has suffered and will continue to suffer from severe physical and emotional pain, all to his great detriment and damage. 18. Upon information and belief, by reason of the foregoing, the plaintiff has sustained a serious injury as defined by Section 5102 of the Insurance Law of the State of New York, and/or economic loss greater than basic economic loss as defined by Section 5102 of the Insurance Law of the State of New York. person" 19. Upon information and belief, the plaintiff is a "covered as defined by Section 5102 of the Insurance Law of the State of New York. 20. Upon information and belief, the limitations on liability set forth in Article 16 of the New York Civil Practice Law and Rules do not apply since the plaintiff's action falls within the exemption set forth in subdivision (6). 21. By reason of the foregoing, the plaintiff is entitled to compensatory damages from 5 of 7 FILED: BRONX COUNTY CLERK 04/23/2024 12:12 PM INDEX NO. 806639/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 the defendants in a sum which exceeds the jurisdictional limits of all lower Courts which might otherwise have jurisdiction, and is further entitled to punitive and/or exemplary damages in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, the plaintiff demands judgment as against the defendants in the sum which exceeds the jurisdictional limits of all lower Courts which might otherwise have jurisdiction, and is further entitled to punitive and/or exemplary damages in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. Dated: April 23, 2024 New York, New York Yours, etc., SHULMAN & HILL, PLLC By: J AÑ-f. WA LARZ, ES . At rn s for Plaintiff 15th On ate Street Plaza, PlOOr New York, New York 10028 (212) 221-1000 Our File No.: 234134 6 of 7 FILED: BRONX COUNTY CLERK 04/23/2024 12:12 PM INDEX NO. 806639/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2024 ATTORNEY VERIFICATION: JONATHAN S. WACHLARZ, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the truth of the following under penalty of perjury: I am an associate of the law firm of SHULMAN & HILL, PLLC., the attorneys for the plaintiff, and as such am familiar with the facts and circumstances herein. I have read the foregoing VERIFIED SUMMONS AND VERIFIED COMPLAINT and know the contents thereof to be true to my knowledge, except as to those matters therein stated upon information and belief, and as to those matters I believe them to be true. The grounds of my belief as to those matters stated upon information and belief are as follows: conversations with plaintiff, medical records and investigation reports on file. The reason this verification is made by me and not the plaintiff personally is because the plaintiff resides outside the county where I maintain my office. Dated: April 23, 2024 New York, New York J A HAN S. WA Z 7 of 7