Preview
FILED: NASSAU COUNTY CLERK 04/29/2024 11:56 AM INDEX NO. 607375/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024
SUPREME COURT OF THE STATE OF NEW YORK Index No.
COUNTY OF NASSAU
_______________.._____________..._________-___._________---___...____Ç Epummong
ANDRE P. MADDY,
Plaintiff designates NASSAU
Plaintiff, County as the place of trial.
against
The basis of venue designated is:
FAVIO R. SIERRA and JOSE EMETERIO REDONDO ORTEGA, Place of Occurrence.
Defendants.
____---____.---________---------____---.._-____-----..--------------- Ç
To the above named Defendant(s)
ott Art l)$rebP 5ttmmotith 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 plaintiff's 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 28, 2024
Mark J. Linder, Esq.
Harmon, Linder & Rogowsky, Esqs.
Attorneys for Plaintiff(s)
3 Park Avenue, 23rd Floor
Suite 2300
New York, NY 10016
Favio R. Sierra
117 Pine Hollow Road
Oyster Bay, NY 11771
Jose Emeterio Redondo Ortega
5 Leyden Street
Huntington station, NY 11746
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FILED: NASSAU COUNTY CLERK 04/29/2024 11:56 AM INDEX NO. 607375/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------------------x
ANDRE P. MADDY,
VERIFIED COMPLAINT
Plaintiff, Index #:
-against-
FAVIO R. SIERRA and JOSE EMETERIO REDONDO ORTEGA,
Defendants.
--------------------------------------x
Plaintiff, ANDRE P. MADDY, 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 ANDRE P. MADDY
1. That the accident herein complained of occurred within the
County of NASSAU, State of New York.
2. That at all times herein mentioned defendant, FAVIO R.
SIERRA, was the owner of an automobile bearing registration
number 95610NC, State of New York.
3. That at all times herein mentioned defendant, JOSE EMETERIO
REDONDO ORTEGA, was the operator of the aforesaid automobile
bearing registration number 95610NC, State of New York.
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FILED: NASSAU COUNTY CLERK 04/29/2024 11:56 AM INDEX NO. 607375/2024
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4. That at all times herein mentioned defendant, JOSE EMETERIO
REDONDO ORTEGA, was in physical charge, operation, management
and control of the aforesaid vehicle owned by the defendant,
FAVIO R. SIERRA, with the knowledge, consent, and permission,
either express or implied of the defendant owner thereof.
5. That at all times herein mentioned plaintiff, ANDRE P.
MADDY, was the owner and operator of an automobile bearing
registration number GTU4774, State of New York.
6. That on the Ninth Day of September 2023, at approximately
9:00 a.m., the aforesaid vehicles came into contact with
plaintiff's vehicle at Bentley Road, at or near its intersection
with South Oyster Bay (Plainview), a public street and
thoroughfare, in the County of Nassau, 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
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FILED: NASSAU COUNTY CLERK 04/29/2024 11:56 AM INDEX NO. 607375/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024
cure and alleviate same and, upon information and belief, will
be compelled to do so in the future.
9. That the aforesaid occurrence and the injuries sustained by
this plaintiff were caused by the negligence of the defendants.
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, ANDRE P. MADDY,
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 ANDRE P. MADDY
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 New York of
this plaintiff contributing thereto.
WHEREFORE, plaintiff, ANDRE P. MADDY, 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, ANDRE P. MADDY,
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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FILED: NASSAU COUNTY CLERK 04/29/2024 11:56 AM INDEX NO. 607375/2024
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Dated: New York, NY
April 28, 2024
Mark J. Linder, Esq.
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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FILED: NASSAU COUNTY CLERK 04/29/2024 11:56 AM INDEX NO. 607375/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024
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 28, 2024
Mark J. Linder, Esq.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024
Index No. Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_________--_______________________________________________________________________________________________
ANDRE P. MADDY,
Plaintiff,
-against-
FAVIO R. SIERRA and JOSE EMETERIO REDONDO ORTEGA,
Defendants.
______________________________________________________________________________________
SUMMONS AND VERIFIED COMPLAINT
________________--_______--_____________________________________________________________
HARMON, LINDER & ROGOSWKY, ESQS.
Attorney for Plaintiff(s)
3 Park Avenue, 23rd Floor
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
¡ 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, Esqs,
Attorneysfor Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016
(212) 732-3665
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Preview
FILED: NASSAU COUNTY CLERK 04/29/2024 11:56 AM INDEX NO. 607375/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No. COUNTY OF NASSAU _______________.._____________..._________-___._________---___...____Ç Epummong ANDRE P. MADDY, Plaintiff designates NASSAU Plaintiff, County as the place of trial. against The basis of venue designated is: FAVIO R. SIERRA and JOSE EMETERIO REDONDO ORTEGA, Place of Occurrence. Defendants. ____---____.---________---------____---.._-____-----..--------------- Ç To the above named Defendant(s) ott Art l)$rebP 5ttmmotith 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 plaintiff's 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 28, 2024 Mark J. Linder, Esq. Harmon, Linder & Rogowsky, Esqs. Attorneys for Plaintiff(s) 3 Park Avenue, 23rd Floor Suite 2300 New York, NY 10016 Favio R. Sierra 117 Pine Hollow Road Oyster Bay, NY 11771 Jose Emeterio Redondo Ortega 5 Leyden Street Huntington station, NY 11746 1 of 8 FILED: NASSAU COUNTY CLERK 04/29/2024 11:56 AM INDEX NO. 607375/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------------------x ANDRE P. MADDY, VERIFIED COMPLAINT Plaintiff, Index #: -against- FAVIO R. SIERRA and JOSE EMETERIO REDONDO ORTEGA, Defendants. --------------------------------------x Plaintiff, ANDRE P. MADDY, 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 ANDRE P. MADDY 1. That the accident herein complained of occurred within the County of NASSAU, State of New York. 2. That at all times herein mentioned defendant, FAVIO R. SIERRA, was the owner of an automobile bearing registration number 95610NC, State of New York. 3. That at all times herein mentioned defendant, JOSE EMETERIO REDONDO ORTEGA, was the operator of the aforesaid automobile bearing registration number 95610NC, State of New York. 2 of 8 FILED: NASSAU COUNTY CLERK 04/29/2024 11:56 AM INDEX NO. 607375/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 4. That at all times herein mentioned defendant, JOSE EMETERIO REDONDO ORTEGA, was in physical charge, operation, management and control of the aforesaid vehicle owned by the defendant, FAVIO R. SIERRA, with the knowledge, consent, and permission, either express or implied of the defendant owner thereof. 5. That at all times herein mentioned plaintiff, ANDRE P. MADDY, was the owner and operator of an automobile bearing registration number GTU4774, State of New York. 6. That on the Ninth Day of September 2023, at approximately 9:00 a.m., the aforesaid vehicles came into contact with plaintiff's vehicle at Bentley Road, at or near its intersection with South Oyster Bay (Plainview), a public street and thoroughfare, in the County of Nassau, 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 3 of 8 FILED: NASSAU COUNTY CLERK 04/29/2024 11:56 AM INDEX NO. 607375/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 cure and alleviate same and, upon information and belief, will be compelled to do so in the future. 9. That the aforesaid occurrence and the injuries sustained by this plaintiff were caused by the negligence of the defendants. 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, ANDRE P. MADDY, 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 ANDRE P. MADDY 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: NASSAU COUNTY CLERK 04/29/2024 11:56 AM INDEX NO. 607375/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 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 New York of this plaintiff contributing thereto. WHEREFORE, plaintiff, ANDRE P. MADDY, 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, ANDRE P. MADDY, 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: NASSAU COUNTY CLERK 04/29/2024 11:56 AM INDEX NO. 607375/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 Dated: New York, NY April 28, 2024 Mark J. Linder, Esq. HARMON, LINDER & ROGOWSKY, ESQS. Attorney(s) for Plaintiff(s) 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 MJL/kw 6 of 8 FILED: NASSAU COUNTY CLERK 04/29/2024 11:56 AM INDEX NO. 607375/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 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 28, 2024 Mark J. Linder, Esq. 7 of 8 FILED: NASSAU COUNTY CLERK 04/29/2024 11:56 AM INDEX NO. 607375/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _________--_______________________________________________________________________________________________ ANDRE P. MADDY, Plaintiff, -against- FAVIO R. SIERRA and JOSE EMETERIO REDONDO ORTEGA, Defendants. ______________________________________________________________________________________ SUMMONS AND VERIFIED COMPLAINT ________________--_______--_____________________________________________________________ HARMON, LINDER & ROGOSWKY, ESQS. Attorney for Plaintiff(s) 3 Park Avenue, 23rd Floor 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 ¡ 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, Esqs, Attorneysfor Plaintiff 3 Park Avenue, Suite 2300 New York, NY 10016 (212) 732-3665 8 of 8