Preview
FILED: SUFFOLK COUNTY CLERK 06/04/2024 03:24 PM INDEX NO. 613686/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
SUPREMECOURTOFTHESTATEOFNEWYORK Index No.
OFSUFFOLK
COUNTY Date Filed:
______________________________________________________________________Ç
PlaintiffdesignatesSUFFOLK
STEPHANIEA. NUNEZ County as the place of trial
Plaintiff, The basis of venue is
plaintiff's residence
-against-
SUMMONS
MAURICIOMELARAand ELIDA D. NORIEGA
Plaintiff resides at
Defendants. 15 Princeton St.
Bay Shore, NY
------------------------------------------X County of SUFFOLK
To the above named Defendants:
You are hereby summonedto 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 within 20 days after the service ofthis summons, exclusive
of the day of service (or within 30 days after the service is complete if this summons is not
personally delivered toyou within the State ofNew York); and in case ofyourfailure to appear or
answer, judgment will be taken against you by default for the relief demanded in the complaint.
Defendants' addresses: Defendants' Insurance
MAURICIOMELARA: ALLSTATEInsurance
19 Towne Lane Claim #0725235485
Centereach, NY11720
ELIDA D. NORIEGA
1662 Brentwood Rd.
Brentwood, NY11717
SIBEN & SIBEN, LLP
Attorneys for Plaintiff
Office and Post Office Address
90 East Main Street
Bay Shore, New York 11706
(631) 665-3400
File No.: 8/6/23 A
SENDTO YOURINSURANCECOMPANY
PROMPTLY
1 of 4
FILED: SUFFOLK COUNTY CLERK 06/04/2024 03:24 PM INDEX NO. 613686/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
AGF/ty
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFSUFFOLK
___________________________________________________________Ç
STEPHANIEA. NUNEZ,
Plaintiff, COMPLAINT
- against - Index No.
MAURICIOMELARAand ELIDA D. NORIEGA,
Defendants.
__________________________________________________________________Ç
Plaintiff, complaining of the defendants by her attorneys, SIBEN & SIBEN, LLP,
respectfully alleges, upon information and belief:
FIRST: That, at all times hereinafter mentioned, the defendant, MAURICIOMELARA,was the
title owner of a certain motor vehicle bearing plate number KYE4123, NewYork 2023.
SECOND:That, at all times hereinafter mentioned, the defendant, MAURICIOMELARA,was
the registered owner of a certain motor vehicle bearing plate number KYE4123, NewYork 2023.
THIRD: That, at all times hereinafter mentioned, the defendant, MAURICIOMELARA,his
agents, servants, and/or employees operated the aforesaid motor vehicle bearing plate number
KYE4123, NewYork 2023.
FOURTH: That, at all times hereinafter mentioned, defendant, ELIDA D. NORIEGA, her
agents, servants, and/or employees operated a certain motor vehicle bearing plate number KYE4123,
NewYork 2023.
FIFTH: That, at all times hereinafter mentioned, the defendant, ELIDA D. NORIEGA,operated
the aforesaid motor vehicle bearing plate number KYE4123, NewYork 2023.
SIXTH: That, at all times hereinafter mentioned, the aforesaid vehicle bearing plate number
KYE4123, was being operated with the express or implied consent of the owner.
-1-
aw Offices
J & SIBEN
'ast Main St.
.ore, NY11706
2 of 4
FILED: SUFFOLK COUNTY CLERK 06/04/2024 03:24 PM INDEX NO. 613686/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
SEVENTH: That, at all times hereinafter mentioned, the plaintiff was operating a motor
vehicle bearing plate number KGP3750, NewYork, 2023.
EIGHTH: That, at all times hereinafter mentioned, Expressway Drive North at or near its
intersection with Motor Parkway, Town of Islip, County of Suffolk, State ofNew York, was and still
is a public thoroughfare.
6th
NINTH: That, on the day of August, 2023, while the plaintiff was lawfully and carefully
operating his motor vehicle at the aforesaid location, she was caused to be injured when same was
struck by the motor vehicle owned by the defendant, MAURICIOMELARAand carelessly,
recklessly, and negligently operated by defendant, ELIDA D. NORIEGA,her agents, servants, and/or
employees.
TENTH: That the said defendants, their agents, servants, and/or employees were careless,
reckless, and negligent in the ownership, operation, maintenance, management, and control of their
aforesaid vehicle; in operating their aforesaid vehicle at a dangerous and excessive rate of speed; in
failing to bring the same to a stop in order to avoid the happening of the accident; in failing to have
their aforesaid vehicle under reasonable and proper control; in failing to take the proper means and
precautions to avoid and guard against the happening of the accident; in failing to exercise due care
and caution in the operation, management, and control of their aforesaid vehicle; in failing to give
the plaintiff an opportunity to avoid the happening of the accident; in failing to apply the brakes in
time to avoid the happening of the accident; in failing to keep a proper lookout for traffic along the
aforesaid public highways; in failing to operate their aforesaid vehicle as a reasonable and prudent
person; and in other ways, acting in a dangerous, careless, and negligent manner.
ELEVENTH:That, by reason of the premises, this plaintiff was rendered sick, sore, maimed
and disabled; and she was injured, bruised, and wounded about her head, body, and limbs; and upon
-2-
aw Offices
& SIBEN
ast Main St.
ore, NY11706
3 of 4
FILED: SUFFOLK COUNTY CLERK 06/04/2024 03:24 PM INDEX NO. 613686/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
information and belief, some of her injuries are of a permanent nature and character; and she has
suffered and continues to suffer physical pain and mental anguish; and she has been incapacitated,
all to her damage in a sum in excess of the monetary limits of any lower courts.
TWELFTH:Plaintiff sustained a serious injury resulting in basic economic loss and non-
economic loss, as defined by Section 5102 of the Insurance Law of the State of NewYork, and has
the right of recovery against the defendant herein for personal injuries, basic economic loss and non-
economic loss, pursuant to Section 5104 of the Insurance Law of the State of New York.
THIRTEENTH: Plaintiff sustained a serious injury as defined in sub-division (d) of Section
5102 of the Insurance Law of the State of New York or economic loss greater than the basic
economic loss, as defined in sub-division (a) of Section 5102 of the Insurance Law of the State of
New York.
FOURTEENTH:That this action falls within one or more of the exceptions set forth in
C.P.L.R., Section 1602.
WHEREFORE,
plaintiff, STEPHANIEA. NUNEZ, demands judgment against the defendant
in the first cause of action in a sum in excess of the monetary limits of any lower courts; together
with the costs and disbursements of these actions.
SIBEN & SIBEN, LLP
By:
STEPHEN\G. SIBEN ( )
ANDREW
B. SIBEN )
JACQUELINESIBEN ( )
MARKA. RUDNER ( )
Attorneys for Plaintiff
Office & P.O. Address
90 East Main Street
Bay Shore, New York 11706
(631) 665-3400
File No.: 8/6/23 A
-3-
1w Offices
& SIBEN
ast Main St.
.ore, NY11706
4 of 4
Preview
FILED: SUFFOLK COUNTY CLERK 06/04/2024 03:24 PM INDEX NO. 613686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 SUPREMECOURTOFTHESTATEOFNEWYORK Index No. OFSUFFOLK COUNTY Date Filed: ______________________________________________________________________Ç PlaintiffdesignatesSUFFOLK STEPHANIEA. NUNEZ County as the place of trial Plaintiff, The basis of venue is plaintiff's residence -against- SUMMONS MAURICIOMELARAand ELIDA D. NORIEGA Plaintiff resides at Defendants. 15 Princeton St. Bay Shore, NY ------------------------------------------X County of SUFFOLK To the above named Defendants: You are hereby summonedto 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 within 20 days after the service ofthis summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered toyou within the State ofNew York); and in case ofyourfailure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Defendants' addresses: Defendants' Insurance MAURICIOMELARA: ALLSTATEInsurance 19 Towne Lane Claim #0725235485 Centereach, NY11720 ELIDA D. NORIEGA 1662 Brentwood Rd. Brentwood, NY11717 SIBEN & SIBEN, LLP Attorneys for Plaintiff Office and Post Office Address 90 East Main Street Bay Shore, New York 11706 (631) 665-3400 File No.: 8/6/23 A SENDTO YOURINSURANCECOMPANY PROMPTLY 1 of 4 FILED: SUFFOLK COUNTY CLERK 06/04/2024 03:24 PM INDEX NO. 613686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 AGF/ty SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFSUFFOLK ___________________________________________________________Ç STEPHANIEA. NUNEZ, Plaintiff, COMPLAINT - against - Index No. MAURICIOMELARAand ELIDA D. NORIEGA, Defendants. __________________________________________________________________Ç Plaintiff, complaining of the defendants by her attorneys, SIBEN & SIBEN, LLP, respectfully alleges, upon information and belief: FIRST: That, at all times hereinafter mentioned, the defendant, MAURICIOMELARA,was the title owner of a certain motor vehicle bearing plate number KYE4123, NewYork 2023. SECOND:That, at all times hereinafter mentioned, the defendant, MAURICIOMELARA,was the registered owner of a certain motor vehicle bearing plate number KYE4123, NewYork 2023. THIRD: That, at all times hereinafter mentioned, the defendant, MAURICIOMELARA,his agents, servants, and/or employees operated the aforesaid motor vehicle bearing plate number KYE4123, NewYork 2023. FOURTH: That, at all times hereinafter mentioned, defendant, ELIDA D. NORIEGA, her agents, servants, and/or employees operated a certain motor vehicle bearing plate number KYE4123, NewYork 2023. FIFTH: That, at all times hereinafter mentioned, the defendant, ELIDA D. NORIEGA,operated the aforesaid motor vehicle bearing plate number KYE4123, NewYork 2023. SIXTH: That, at all times hereinafter mentioned, the aforesaid vehicle bearing plate number KYE4123, was being operated with the express or implied consent of the owner. -1- aw Offices J & SIBEN 'ast Main St. .ore, NY11706 2 of 4 FILED: SUFFOLK COUNTY CLERK 06/04/2024 03:24 PM INDEX NO. 613686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 SEVENTH: That, at all times hereinafter mentioned, the plaintiff was operating a motor vehicle bearing plate number KGP3750, NewYork, 2023. EIGHTH: That, at all times hereinafter mentioned, Expressway Drive North at or near its intersection with Motor Parkway, Town of Islip, County of Suffolk, State ofNew York, was and still is a public thoroughfare. 6th NINTH: That, on the day of August, 2023, while the plaintiff was lawfully and carefully operating his motor vehicle at the aforesaid location, she was caused to be injured when same was struck by the motor vehicle owned by the defendant, MAURICIOMELARAand carelessly, recklessly, and negligently operated by defendant, ELIDA D. NORIEGA,her agents, servants, and/or employees. TENTH: That the said defendants, their agents, servants, and/or employees were careless, reckless, and negligent in the ownership, operation, maintenance, management, and control of their aforesaid vehicle; in operating their aforesaid vehicle at a dangerous and excessive rate of speed; in failing to bring the same to a stop in order to avoid the happening of the accident; in failing to have their aforesaid vehicle under reasonable and proper control; in failing to take the proper means and precautions to avoid and guard against the happening of the accident; in failing to exercise due care and caution in the operation, management, and control of their aforesaid vehicle; in failing to give the plaintiff an opportunity to avoid the happening of the accident; in failing to apply the brakes in time to avoid the happening of the accident; in failing to keep a proper lookout for traffic along the aforesaid public highways; in failing to operate their aforesaid vehicle as a reasonable and prudent person; and in other ways, acting in a dangerous, careless, and negligent manner. ELEVENTH:That, by reason of the premises, this plaintiff was rendered sick, sore, maimed and disabled; and she was injured, bruised, and wounded about her head, body, and limbs; and upon -2- aw Offices & SIBEN ast Main St. ore, NY11706 3 of 4 FILED: SUFFOLK COUNTY CLERK 06/04/2024 03:24 PM INDEX NO. 613686/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 information and belief, some of her injuries are of a permanent nature and character; and she has suffered and continues to suffer physical pain and mental anguish; and she has been incapacitated, all to her damage in a sum in excess of the monetary limits of any lower courts. TWELFTH:Plaintiff sustained a serious injury resulting in basic economic loss and non- economic loss, as defined by Section 5102 of the Insurance Law of the State of NewYork, and has the right of recovery against the defendant herein for personal injuries, basic economic loss and non- economic loss, pursuant to Section 5104 of the Insurance Law of the State of New York. THIRTEENTH: Plaintiff sustained a serious injury as defined in sub-division (d) of Section 5102 of the Insurance Law of the State of New York or economic loss greater than the basic economic loss, as defined in sub-division (a) of Section 5102 of the Insurance Law of the State of New York. FOURTEENTH:That this action falls within one or more of the exceptions set forth in C.P.L.R., Section 1602. WHEREFORE, plaintiff, STEPHANIEA. NUNEZ, demands judgment against the defendant in the first cause of action in a sum in excess of the monetary limits of any lower courts; together with the costs and disbursements of these actions. SIBEN & SIBEN, LLP By: STEPHEN\G. SIBEN ( ) ANDREW B. SIBEN ) JACQUELINESIBEN ( ) MARKA. RUDNER ( ) Attorneys for Plaintiff Office & P.O. Address 90 East Main Street Bay Shore, New York 11706 (631) 665-3400 File No.: 8/6/23 A -3- 1w Offices & SIBEN ast Main St. .ore, NY11706 4 of 4