Motion for Writ in Joselyn Villegas v. Gellin Lindor, Lindsay Vaughn| Trellis.Law

On May 17, 2024 a Complaint,Petition was filed involving a dispute between Joselyn Villegas, and Gellin Lindor, Lindsay Vaughn, for Torts - Motor Vehicle in the District Court of Bronx County.

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FILED: BRONX COUNTY CLERK 05/17/2024 11:04 PM INDEX NO. 808158/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024

SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF BRONX Date Purchased:
JOSELYN VILLEGAS,
Plaintiff(s) designate(s)
Bronx County
Plaintiff,
as the place of trial.
-against-
The basis of the venue is
Situs of Occurrence
GELLIN LINDOR and LINDSAY VAUGHN,
SUMMONS
Defendants.

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(s) within (20) days after the service of this summons, exclusive of the day
of service (or within 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: New York, New York
May 17, 2024 LAW OFFICES OF DENNIS SMITH, PC

Dennis R. Smith, Esq.
Attorneys for Plaintiff
5 Penn Plaza, 23rd Floor
New York, NY 10001
(212) 680-4280
File No.: 1976
dsmith@dennissmithlaw.com
Defendants’ Addresses:
GELLIN LINDOR
55 Scotchpine Drive
Islandia NY 11749

LINDSAY VAUGHN
2481 Delanoy Avenue
Bronx NY 10469

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
JOSELYN VILLEGAS,
Index No.:
Plaintiff,
VERIFIED COMPLAINT
-against-

GELLIN LINDOR and LINDSAY VAUGHN,

Defendants.

Plaintiff, JOSELYN VILLEGAS, by her attorneys, LAW OFFICES OF DENNIS SMITH,
PC, complaining of the Defendants, respectfully alleges, upon information and belief:
1. At all times herein mentioned, Plaintiff, JOSELYN VILLEGAS, was, and still is, a
resident of the State of Tennessee
2. At all times herein mentioned, Defendant, LINDSAY VAUGHN, was, and still is,
a resident of the County of Bronx, State of New York
3. At all times herein mentioned, Defendant GELLIN LINDOR, was, and still is, a
resident of the County of Suffolk, State of New York
4. That on October 21, 2021, and at all times herein mentioned, Defendant GELLIN
LINDOR was the owner of a 2012 Hyundai bearing New York State license plate number HVD
9684 (hereinafter the “VEHICLE 1”).
5. That on October 21, 2021, and at all times herein mentioned, VEHICLE 1 was
registered to Defendant GELLIN LINDOR.
6. That on October 21, 2021, and at all times herein mentioned, VEHICLE 1 was
maintained by Defendant GELLIN LINDOR.
7. That on October 21, 2021, and at all times herein mentioned, VEHICLE 1 was
managed by Defendant GELLIN LINDOR.
8. That on October 21, 2021, and at all times herein mentioned, VEHICLE 1 was
operated by Defendant GELLIN LINDOR.
9. That on October 21, 2021, and at all times herein mentioned, VEHICLE 1 was
controlled by Defendant GELLIN LINDOR.

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10. That on October 21, 2021, and at all times herein mentioned, VEHICLE 1 was
supervised by Defendant GELLIN LINDOR.
11. At all times herein mentioned, Defendant LINDSAY VAUGHN was the owner of
a 2003 Mazda motor vehicle bearing New York State license plate number KEJ9222 (hereinafter
the “VEHICLE 2”).
12. That on October 21, 2021, and at all times herein mentioned, VEHICLE 2 was
registered to Defendant LINDSAY VAUGHN.
13. That on October 21, 2021, and at all times herein mentioned, VEHICLE 2 was
maintained by Defendant LINDSAY VAUGHN.
14. That on October 21, 2021, and at all times herein mentioned, VEHICLE 2 was
managed by Defendant LINDSAY VAUGHN.
15. That at all times herein mentioned, VEHICLE 2 was operated by Defendant
LINDSAY VAUGHN.
16. That on October 21, 2021, and at all times herein mentioned, VEHICLE 2 was
controlled by Defendant LINDSAY VAUGHN.
17. That on October 21, 2021, and at all times herein mentioned, VEHICLE 2 was
supervised by Defendant LINDSAY VAUGHN.
18. That on October 21, 2021, and at all times herein mentioned, Defendant LINDSAY
VAUGHN operated VEHICLE 2.
19. That on October 21, 2021, and at all times herein mentioned, the Hutchinson River
Parkway near Co-op City Boulevard in the County of Bronx, State of New York, were public
roadways, streets and/or thoroughfares.
20. That on October 21, 2021, and at all times herein mentioned, Plaintiff JOSELYN
VILLEGAS was a passenger in VEHICLE 2 which was owned and operated by Defendant
LINDSAY VAUGHN at the aforementioned location.
21. That on October 21, 2021, and at all times herein mentioned, VEHICLE 2 was
owned and operated by by Defendant, GELLIN at the aforementioned location.
22. That on October 21, 2021 at the aforementioned location, VEHICLE 1 and
VEHICLE 2 were involved in a collision.
23. That as a result of the aforesaid contact, Plaintiff JOSELYN VILLEGAS was
seriously injured.

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24. That the aforesaid occurrence was caused wholly and solely by reason of the
negligence of the Defendants without any fault or negligence on the part of the Plaintiff
contributing thereto.
25. That Defendants were negligent, careless and reckless in the ownership, operation,
management, maintenance, supervision, entrustment, use and control of the aforesaid vehicles and
the Defendants were otherwise negligent, careless and reckless under the circumstances then and
there prevailing.
26. That by reason of the foregoing, Plaintiff JOSELYN VILLEGAS sustained severe
and permanent personal injuries; and Plaintiff JOSELYN VILLEGAS was otherwise damaged.
27. That Plaintiff JOSELYN VILLEGAS sustained serious injuries as defined by
§5102(d) of the Insurance Law of the State of New York.
28. That Plaintiff JOSELYN VILLEGAS sustained serious injuries and economic loss
greater than basic economic loss as defined by §5104 of the Insurance Law of the State of New
York.
29. That Plaintiff JOSELYN VILLEGAS is not seeking to recover any damages for
which Plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance is
obligated to reimburse Plaintiff. Plaintiff is seeking only to recover those damages not recoverable
through no-fault insurance under the facts and circumstances in this action.
30. That this action falls within one or more of the exceptions set forth in CPLR §1602,
specifically, CPLR §§1602(2)(iv), (6), (7), and (11).
31. That by reason of the foregoing, Plaintiff JOSELYN VILLEGAS has been
damaged in a sum that exceeds the jurisdictional limits of all lower courts which would otherwise
have jurisdiction.
WHEREFORE, Plaintiff demands judgment against the Defendants herein, in a
sum exceeding the jurisdictional limits of all lower courts which would otherwise have
jurisdiction, together with the costs and disbursements of this action
Dated: New York, New York
May 17, 2024
Dennis R. Smith, Esq.
5 Penn Plaza, 23rd Floor
New York, NY 10001
(212) 680-4280
File No.: 1976

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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024

ATTORNEY VERIFICATION

I, the undersigned, an attorney admitted to practice in the courts of New York State, affirms
the following statements to be true under the penalties of perjury:
1. I am a member of the law firm of LAW OFFICES OF DENNIS SMITH PC,
attorneys of record for the Plaintiff(s) in the within action.
2. I have read the foregoing Summons and Verified Complaint and know the contents
thereof; the same is true to my own knowledge, except as to the matters therein alleged to be on
information and belief, and as to those matters I believe it to be true.
3. The reason this verification is made by me and not by the Plaintiff (s) is because
the Plaintiff (s) reside(s) outside the County where I maintain my office.
4. The grounds of my belief as to all matters not stated upon my own knowledge are
conversations with the Plaintiff(s) and/or review of note, reports, records and memoranda
contained in the file maintained by my office.

Dated: New York, New York
May 17, 2024

Dennis R. Smith, Esq.

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FILED: BRONX COUNTY CLERK 05/17/2024 11:04 PM INDEX NO. 808158/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
JOSELYN VILLEGAS,
Index No.:
Plaintiff,
Plaintiff’s CONSENT TO
FBEM*
-against-
EBMEnate(s)
GELLIN LINDOR and LINDSAY VAUGHN,

Defendants.

I, Dennis R Smith, am a party or an attorney for a party in the above captioned law suit, and I consent to
the use of FBEM in this action. I further consent to be bound by the service and filing provisions of the
FBEM Rules (22 NYCRR § 202.5-b) and to comply with the User’s Manual approved by the Chief
Administrator of the Courts.

I have set forth below up to three internet e-mail addresses for the purposes of services and giving
notice of each filing:

___________________________________
___________________________________

___________________________ ________________________________
Signature Address

______________________________ ________________________________
Print or Type Name
______________________________ _________________________________
Law Firm Name Telephone Number

Attorney for ____________________

*All parties must file and serve this consent to participate in an Filing By Electronic Means
(FBEM) case. Where the attorney for a party is a Filing User, the consent may be filed and served
electronically (see http://fbem.courts.state.ny.us).

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
JOSELYN VILLEGAS,
Index No.:
Plaintiff,
NOTICE REGARDING
AVAILABILITY OF
-against-
ELECTRONIC FILING
GELLIN LINDOR and LINDSAY VAUGHN,
EBMEnate(s)
Defendants.

PLEASE TAKE NOTICE that plaintiff(s)/defendant(s) in the case captioned above
consents and intends that this matter shall proceed as an electronically-filed case in the Filing by
Electronic Means System (“FBEM”) in accordance with the procedures therefor, described below.
Service of papers by electronic means cannot be made upon a party unless that party consents to use
of the system. As soon as possible after service of this Notice, each party served must indicate
whether it consents.
General Information
In New York State, actions may be commenced and cases processed by means of the FBEM
system in (1) tax certiorari claims in the Supreme Court in New York County and in Monroe,
Westchester, and Suffolk Counties; (2) tort claims, and commercial claims in the Commercial
Division, in the Supreme Court in New York County and in Albany, Monroe, Nassau, Suffolk, and
Westchester counties; (3) commercial claims in the Commercial Division of Supreme Court, and
proceedings in Surrogate’s Court, in Erie County; and (4) selected claims against the State of New
York.
Electronic filing offers significant benefits for attorneys and litigants, permitting papers to
be filed with the court and served in a simple, convenient and expeditious manner. FBEM case
documents are filed with the court by filing on the FBEM Website (go to “E-Courts” at
www.nycourts.gov), which can be done at any time of the day or night. The documents are deemed
filed when they are received by the Unified Court System server. The use of FBEM is governed by
Section 202.5-b (Supreme Court), and 206.5 and 206.5-aa (Court of Claims) of the Uniform Rules
for the Trial Courts.
Instructions

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The service of this Notice constitutes a statement of intent by the undersigned that the
FBEM system be used in this case. When an action or proceeding is being commenced by means
of the system, this Notice must accompany service of the initiating papers.
As soon as possible after service of this Notice, the party served shall advise all parties
whether it will agree to have the matter proceed by FBEM. Where the party served agrees, that
party must, as soon as possible after service, file with the court and serve on all parties a
Consent to FBEM. A Consent form can be found in the “Forms” Section of the FBEM Website.
The form and other aspects of FBEM are explained in the User’s Manual, available on the Website.
When this Notice Regarding Availability is served with papers initiating a lawsuit, the consent must
be filed prior to service of or with the responsive pleadings or motion addressed to the pleadings.
Once parties agree that the case will be subject to FBEM, each must PROMPTLY submit
a Filing User Registration form (see the “Forms” section of the Website) to obtain the confidential
Filing User Identification Number and Password necessary to use the system. A party represented by
an attorney who has previously registered as a Filing User in another case may file and serve the
Consent to FBEM electronically by checking the designated box and following the instructions on
the FBEM Website.
For additional information about FBEM, see the User’s Manual and Frequently Asked
Questions on the Website or contact the court in question or the FBEM Resource Center (at 646-
386-3033).
Dated: New York, New York LAW OFFICES OF DENNIS SMITH PC
May 17, 2024

___________________________
Dennis R. Smith, Esq.
Attorneys for Plaintiff
5 Penn Plaza, 23 Floor
New York, New York 10001
(212) 680-4280
File No.: 1976
Emailto:Dsmith@dennissmithlaw.com

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FILED: BRONX COUNTY CLERK 05/17/2024 11:04 PM INDEX NO. 808158/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/17/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
JOSELYN VILLEGAS,
Index No.:
Plaintiff,
EBMEnate(s)
-against-

GELLIN LINDOR and LINDSAY VAUGHN,

Defendants.

SUMMONS AND VERIFIED COMPLAINT
Pursuant to NYCRR Rule 130-1.1-a, the undersigned, an attorney admitted to practice in the
State of New York certifies that, upon information and belief and reasonable inquiry, the
contentions contained in the annexed paper(s) are not frivolous.

Dennis R. Smith, Esq.

LAW OFFICES OF DENNIS SMITH, PC
Attorneys for Plaintiff
5 Penn Plaza, 23 Floor
New York, New York 10001
(212) 680-4280

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Complaint,Petition: Joselyn Villegas v. Gellin Lindor, Lindsay Vaughn

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Complaint,Petition: Joselyn Villegas v. Gellin Lindor, Lindsay Vaughn

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