Preview
FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------------------------------------------------X SUMMONS
THOMAS BERTINI,
Plaintiff, Index No.
-against- Plaintiff designates Suffolk
County as the place of trial
SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION based upon the situs of the
(SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY incident: the intersection of
DEPARTMENT OF PUBLIC WORKS, SUFFOLK Express Drive South and
COUNTY TRANSIT, TRANSPORTATION DIVISION OF Pond Road in the Town of
SUFFOLK COUNTY, SUFFOLK COUNTY OFFICE FOR Islip, County of Suffolk, and
PEOPLE WITH DISABILITIES, HUGH HATTON, and State of New York.
YOUSEF ZEIBAQ,
Defendants.
------------------------------------------------------------------------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 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, judgement will be taken against you by default for the relief demanded in the
Complaint.
Dated: New York, New York
June 6, 2024
Yours, etc.,
_________________________
Jason Linden, Esq.
Linden Law LLC
Attorneys for Plaintiff
250 West 57th Street, Suite 432
New York, NY 10107
(212) 804-8440
TO:
SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT)
335 Yaphank Avenue
Yaphank, NY 11980
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COUNTY OF SUFFOLK
335 Yaphank Avenue
Yaphank, NY 11980
SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS
335 Yaphank Avenue
Yaphank, NY 11980
SUFFOLK COUNTY TRANSIT
335 Yaphank Avenue
Yaphank, NY 11980
TRANSPORTATION DIVISION OF SUFFOLK COUNTY
335 Yaphank Avenue
Yaphank, NY 11980
SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILTIES
Bldg.158, William J. Lindsay County Complex, Veterans Memorial Highway
P.O. Box 6100
Hauppauge, NY 1178
HUGH HATTON
314 Walden Court
East Moriches, NY 11940
YOUSEF ZEIBAQ
6 Ivy Court
Centereach, NY 11720
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
----------------------------------------------------------------------------X
THOMAS BERTINI, VERIFIED COMPLAINT
Plaintiff,
-against-
Index No.
SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION
(SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY
DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY
TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK
COUNTY, SUFFOLK COUNTY OFFICE FOR PEOPLE
WITH DISABILITIES, HUGH HATTON, and YOUSEF
ZEIBAQ,
Defendants.
----------------------------------------------------------------------------X
Plaintiff THOMAS BERTINI, by his attorneys, LINDEN LAW LLC, as and for his Verified
Complaint, upon information and belief, alleges the following:
1. At all times hereinafter mentioned, the plaintiff, THOMAS BERTINI, was and
still is a resident of County of Suffolk, State of New York.
2. That the present cause of action arose in the County of Suffolk, State of New
York.
3. That the plaintiff, THOMAS BERTINI, has complied with all of the conditions
precedent to the bringing of this action, and has complied with all of the provisions of the
General Municipal Law and the Public Authorities Law in relation thereto.
4. That the Plaintiff, THOMAS BERTINI, has presented a notice of claim to the
defendants, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF
SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK
COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and
SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES, for adjustment on or
about February 6, 2024.
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5. That more than thirty days elapsed since the presentation of said notice of claim to
the defendants Hugh Hatton
6. That the plaintiff, THOMAS BERTINI, was scheduled for a statutory hearing
pursuant to Section 50(h) of the General Municipal Law as requested by the Defendant
COUNTY OF SUFFOLK on May 9, 2024, but was unilaterally adjourned by the COUNTY OF
SUFFOLK.
7. That the notice of claim which was presented to the defendants, SUFFOLK
COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK
COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT,
TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY
OFFICE FOR PEOPLE WITH DISABILITIES on behalf of the plaintiff, THOMAS BERTINI,
remains unadjusted in spite of the aforesaid.
8. That the defendants, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION
(SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC
WORKS, SUFFOLK COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK
COUNTY, and SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES have
neglected, failed and refused to make any adjustment of the notice of claim which was presented
to them on behalf of the plaintiff, THOMAS BERTINI.
9. That at least thirty days have elapsed since the notice of claim, demand claim
and/or claims of the plaintiff THOMAS BERTINI, upon which this action is founded, were
presented to, filed with, and served upon a member of the “public authority defendants” (the
SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK,
SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY
TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK
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COUNTY OFFICE FOR PEOPLE WITH DISABILITIES) or other officer designated for such
purpose, and yet the “public authority defendants” (the SUFFOLK COUNTY ACCESSIBLE
TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY
DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT,
TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY
OFFICE FOR PEOPLE WITH DISABILITIES) have neglected, failed and refused to make any
adjustment or payment thereof, to date.
10. That this action is being commenced within one year and ninety days after the
accrual of this cause of action, or otherwise within the time allowed by law.
11. At all times hereinafter mentioned, the defendants, SUFFOLK COUNTY
ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY
DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT,
TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY
OFFICE FOR PEOPLE WITH DISABILITIES, were and still are domestic municipal
government public authority corporations.
12. At all times hereinafter mentioned, the defendants, SUFFOLK COUNTY
ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY
DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT,
TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY
OFFICE FOR PEOPLE WITH DISABILITIES, tractioned business within the State of New
York; regularly did or solicited business within the State of New York or engaged in other
persistent courses, conduct and/or derived substation revenue from goods used or consumed or
serviced rendered in the State of New York and expected or should have reasonable expected its
acts to have consequences within the State of New York and/or derived substantial revenue from
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interstate or international commerce.
13. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
ACCESSIBLE TRANSPORTATION (SCAT), was the owner of a certain bus bearing New
York state license plate number BD3478.
14. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
ACCESSIBLE TRANSPORTATION (SCAT), leased the aforesaid motor bus.
15. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
ACCESSIBLE TRANSPORTATION (SCAT), via their agents, servants, employees,
contractors, and/or subcontractors, operated the aforesaid bus.
16. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
ACCESSIBLE TRANSPORTATION (SCAT), via their agents, servants, employees,
contractors, and/or subcontractors, maintained the aforesaid bus.
17. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
ACCESSIBLE TRANSPORTATION (SCAT), via their agents, servants, employees,
contractors, and/or subcontractors, managed the aforesaid bus.
18. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
ACCESSIBLE TRANSPORTATION (SCAT), via their agents, servants, employees,
contractors, and/or subcontractors, controlled the aforesaid bus.
19. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
ACCESSIBLE TRANSPORTATION (SCAT), via their agents, servants, employees,
contractors, and/or subcontractors, supervised the aforesaid bus.
20. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
ACCESSIBLE TRANSPORTATION (SCAT), via their agents, servants, employees,
contractors, and/or subcontractors, repaired the aforesaid bus.
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21. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK, was
the owner of a certain bus bearing New York state license plate number BD3478.
22. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK,
leased the aforesaid motor bus.
23. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK, via
their agents, servants, employees, contractors, and/or subcontractors, operated the aforesaid bus.
24. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK, via
their agents, servants, employees, contractors, and/or subcontractors, maintained the aforesaid
bus.
25. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK, via
their agents, servants, employees, contractors, and/or subcontractors, managed the aforesaid bus.
26. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK, via
their agents, servants, employees, contractors, and/or subcontractors, controlled the aforesaid
bus.
27. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK, via
their agents, servants, employees, contractors, and/or subcontractors, supervised the aforesaid
bus.
28. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK, via
their agents, servants, employees, contractors, and/or subcontractors, repaired the aforesaid bus.
29. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
DEPARTMENT OF PUBLIC WORKS, was the owner of a certain bus bearing New York state
license plate number BD3478.
30. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
DEPARTMENT OF PUBLIC WORKS, leased the aforesaid motor bus.
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31. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
DEPARTMENT OF PUBLIC WORKS, via their agents, servants, employees, contractors,
and/or subcontractors, operated the aforesaid bus.
32. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
DEPARTMENT OF PUBLIC WORKS, via their agents, servants, employees, contractors,
and/or subcontractors, maintained the aforesaid bus.
33. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
DEPARTMENT OF PUBLIC WORKS, via their agents, servants, employees, contractors,
and/or subcontractors, managed the aforesaid bus.
34. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
DEPARTMENT OF PUBLIC WORKS, via their agents, servants, employees, contractors,
and/or subcontractors, controlled the aforesaid bus.
35. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
DEPARTMENT OF PUBLIC WORKS, via their agents, servants, employees, contractors,
and/or subcontractors, supervised the aforesaid bus.
36. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
DEPARTMENT OF PUBLIC WORKS, via their agents, servants, employees, contractors,
and/or subcontractors, repaired the aforesaid bus.
37. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
TRANSIT, was the owner of a certain bus bearing New York state license plate number
BD3478.
38. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
TRANSIT, leased the aforesaid motor bus.
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39. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
TRANSIT, via their agents, servants, employees, contractors, and/or subcontractors, operated the
aforesaid bus.
40. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
TRANSIT, via their agents, servants, employees, contractors, and/or subcontractors, maintained
the aforesaid bus.
41. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
TRANSIT, via their agents, servants, employees, contractors, and/or subcontractors, managed
the aforesaid bus.
42. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
TRANSIT, via their agents, servants, employees, contractors, and/or subcontractors, controlled
the aforesaid bus.
43. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
TRANSIT, via their agents, servants, employees, contractors, and/or subcontractors, supervised
the aforesaid bus.
44. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY
TRANSIT, via their agents, servants, employees, contractors, and/or subcontractors, repaired the
aforesaid bus.
45. At all times hereinafter mentioned, the Defendant, TRANSPORTATION
DIVISION OF SUFFOLK COUNTY, was the owner of a certain bus bearing New York state
license plate number BD3478.
46. At all times hereinafter mentioned, the Defendant, TRANSPORTATION
DIVISION OF SUFFOLK COUNTY, leased the aforesaid motor bus.
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47. At all times hereinafter mentioned, the Defendant, TRANSPORTATION
DIVISION OF SUFFOLK COUNTY, via their agents, servants, employees, contractors, and/or
subcontractors, operated the aforesaid bus.
48. At all times hereinafter mentioned, the Defendant, TRANSPORTATION
DIVISION OF SUFFOLK COUNTY, via their agents, servants, employees, contractors, and/or
subcontractors, maintained the aforesaid bus.
49. At all times hereinafter mentioned, the Defendant, TRANSPORTATION
DIVISION OF SUFFOLK COUNTY, via their agents, servants, employees, contractors, and/or
subcontractors, managed the aforesaid bus.
50. At all times hereinafter mentioned, the Defendant, TRANSPORTATION
DIVISION OF SUFFOLK COUNTY, via their agents, servants, employees, contractors, and/or
subcontractors, controlled the aforesaid bus.
51. At all times hereinafter mentioned, the Defendant, TRANSPORTATION
DIVISION OF SUFFOLK COUNTY, via their agents, servants, employees, contractors, and/or
subcontractors, supervised the aforesaid bus.
52. At all times hereinafter mentioned, the Defendant, TRANSPORTATION
DIVISION OF SUFFOLK COUNTY, via their agents, servants, employees, contractors, and/or
subcontractors, repaired the aforesaid bus.
53. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE
FOR PEOPLE WITH DISABILITIES, was the owner of a certain bus bearing New York state
license plate number BD3478.
54. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE
FOR PEOPLE WITH DISABILITIES, leased the aforesaid motor bus.
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55. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE
FOR PEOPLE WITH DISABILITIES, via their agents, servants, employees, contractors, and/or
subcontractors, operated the aforesaid bus.
56. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE
FOR PEOPLE WITH DISABILITIES, via their agents, servants, employees, contractors, and/or
subcontractors, maintained the aforesaid bus.
57. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE
FOR PEOPLE WITH DISABILITIES, via their agents, servants, employees, contractors, and/or
subcontractors, managed the aforesaid bus.
58. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE
FOR PEOPLE WITH DISABILITIES, via their agents, servants, employees, contractors, and/or
subcontractors, controlled the aforesaid bus.
59. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE
FOR PEOPLE WITH DISABILITIES, via their agents, servants, employees, contractors, and/or
subcontractors, supervised the aforesaid bus.
60. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE
FOR PEOPLE WITH DISABILITIES, via their agents, servants, employees, contractors, and/or
subcontractors, repaired the aforesaid bus.
61. At all times hereinafter mentioned, Defendant, HUGH HATTON, was and still is
a resident of County of Suffolk, State of New York.
62. At all times hereinafter mentioned, the Defendant, HUGH HATTON, was an
employee, agent, servant, licensee, contractor, subcontractor of the Defendants, SUFFOLK
COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK
COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT,
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TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY
OFFICE FOR PEOPLE WITH DISABILITIES.
63. At all times hereinafter mentioned, the Defendant, HUGH HATTON, operated
the bus bearing New York State license number BD3478.
64. At all times hereinafter mentioned the Defendant, HUGH HATTON, operated the
bus bearing New York State license number BD3478 with the permission of the Defendants,
SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK,
SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY
TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK
COUNTY OFFICE FOR PEOPLE WITH DISABILITIES.
65. At all times hereinafter mentioned the Defendant, HUGH HATTON, operated the
bus bearing New York State license number BD3478 with the knowledge of the Defendants,
SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK,
SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY
TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK
COUNTY OFFICE FOR PEOPLE WITH DISABILITIES.
66. At all times hereinafter mentioned the Defendant, HUGH HATTON, operated the
bus bearing New York State license number BD3478 with the consent of the Defendants,
SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK,
SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY
TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK
COUNTY OFFICE FOR PEOPLE WITH DISABILITIES.
67. At all times hereinafter mentioned the Defendant, HUGH HATTON, operated the
bus bearing New York State license number BD3478 within the scope of his employment with
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the Defendants, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY
OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK
COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and
SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES.
68. At all times hereinafter mentioned, the Defendant, HUGH HATTON, maintained
the aforementioned bus.
69. At all times hereinafter mentioned, the Defendant, HUGH HATTON, managed
the aforementioned bus.
70. At all times hereinafter mentioned, the Defendant, HUGH HATTON, controlled
the aforementioned bus.
71. At all times hereinafter mentioned, the Defendant, HUGH HATTON, inspected
the aforementioned bus.
72. At all times hereinafter mentioned, the Defendant, HUGH HATTON, supervised
the aforementioned bus.
73. At all times hereinafter mentioned, the Defendant, HUGH HATTON, repaired the
aforementioned bus.
74. At all times hereinafter mentioned, the Defendant YOUSEF ZEIBAQ was and
still is a resident of the County of Suffolk, State of New York.
75. At all times herein mentioned, Defendant YOUSEF ZEIBAQ was the owner of a
motor vehicle bearing New York State License Plate number LFS5413.
76. At all times hereinafter mentioned, Defendant YOUSEF ZEIBAQ operated the
aforesaid motor vehicle.
77. At all times hereinafter mentioned, Defendant YOUSEF ZEIBAQ managed the
aforesaid motor vehicle bearing New York State License Plate number LFS5413.
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78. At all times hereinafter mentioned, Defendant YOUSEF ZEIBAQ maintained the
aforesaid motor vehicle.
79. At all times hereinafter mentioned, Defendant YOUSEF ZEIBAQ controlled the
aforesaid motor vehicle.
80. At all times hereinafter mentioned, Defendant YOUSEF ZEIBAQ repaired the
aforesaid motor vehicle.
81. At all times hereinafter mentioned, Defendant YOUSEF ZEIBAQ inspected the
aforesaid motor vehicle.
82. At all times hereinafter mentioned, Defendant YOUSEF ZEIBAQ supervised the
aforesaid motor vehicle.
83. At all times hereinafter mentioned, the intersection of Express Drive South and
Pond Road in the Town of Islip, County of Suffolk, and State of New York was and is a public
roadway and/or thoroughfare.
84. That on January 24, 2024, the bus owned by Defendants SUFFOLK COUNTY
ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY
DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT,
TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY
OFFICE FOR PEOPLE WITH DISABILITIES and operated by Defendant HUGH HATTON, in
which the Plaintiff THOMAS BERTINI was a passenger, and the motor vehicle owned and
operated by Defendant YOUSEF ZEIBAQ were in contact.
85. That on January 24, 2024, the bus owned by Defendants SUFFOLK COUNTY
ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY
DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT,
TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY
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OFFICE FOR PEOPLE WITH DISABILITIES and operated by Defendant HUGH HATTON, in
which the Plaintiff THOMAS BERTINI was a passenger, and the motor vehicle owned and
operated by Defendant YOUSEF ZEIBAQ were in contact at or near the intersection of Express
Drive South and Pond Road in the Town of Islip, County of Suffolk, and State of New York.
86. That as a result of the aforesaid contact, Plaintiff, THOMAS BERTINI, was
injured.
87. That the aforesaid occurrence was cause wholly and solely by reason of the
negligence of the Defendants, without any fault or negligence on the part of the plaintiff
contributing thereto.
88. That Defendants were negligent, careless, reckless, grossly negligent in the
ownership, operation, management, maintenance, supervision, inspection and control of the
aforesaid vehicle.
89. That by reason of the foregoing, plaintiff, THOMAS BERTINI, sustained severe,
serious and permanent personal injuries, became sick, sore, lame and disabled; suffered injuries
to his nervous system; suffered mental anguish, was confined to hospital, bed and home and
may, in the future, be so confined; was incapacitated from attending to his usual duties and
vocation and may, in the future, be so incapacitated; will suffer a loss and/or limitation of quality
and enjoyment of life; and plaintiff, THOMAS BERTINI, was otherwise damaged.
90. That plaintiff, THOMAS BERTINI, has sustained serious injuries as defined in
Subdivision d of §5102 of the Insurance Law-Recodification of the State of New York.
91. That plaintiff, THOMAS BERTINI, has sustained serious injury and economic
loss greater than basic economic loss as to satisfy the exceptions of §5104 of the Insurance Law
of the State of New York.
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92. That plaintiff, THOMAS BERTINI, 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 only seeking to recover those damages not
recoverable through no-fault insurance under the facts and circumstances in this action.
93. That by reason of the foregoing, plaintiff, THOMAS BERTINI, has been
damaged in an amount which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction.
WHEREFORE, plaintiff demands judgment against the defendants on the First
Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts which
would otherwise have jurisdiction, together with costs and disbursements of this action.
Dated: New York, New York
June 6, 2024 Yours, etc.
_________________________
Jason Linden, Esq.
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ATTORNEY VERIFICATION
STATE OF NEW YORK )
)ss.:
COUNTY OF NEW YORK )
JASON LINDEN, ESQ., 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 a member of the law firm of LINDEN LAW, LLC, the attorneys for the plaintiff,
and as such am familiar with the facts and circumstances herein.
I have read the foregoing 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 is presently outside the county where I maintain my office.
Dated: New York, New York
June 6, 2024
______________________________
Jason Linden
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FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------------------------------X SUMMONS THOMAS BERTINI, Plaintiff, Index No. -against- Plaintiff designates Suffolk County as the place of trial SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION based upon the situs of the (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY incident: the intersection of DEPARTMENT OF PUBLIC WORKS, SUFFOLK Express Drive South and COUNTY TRANSIT, TRANSPORTATION DIVISION OF Pond Road in the Town of SUFFOLK COUNTY, SUFFOLK COUNTY OFFICE FOR Islip, County of Suffolk, and PEOPLE WITH DISABILITIES, HUGH HATTON, and State of New York. YOUSEF ZEIBAQ, Defendants. ------------------------------------------------------------------------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 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, judgement will be taken against you by default for the relief demanded in the Complaint. Dated: New York, New York June 6, 2024 Yours, etc., _________________________ Jason Linden, Esq. Linden Law LLC Attorneys for Plaintiff 250 West 57th Street, Suite 432 New York, NY 10107 (212) 804-8440 TO: SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT) 335 Yaphank Avenue Yaphank, NY 11980 1 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 COUNTY OF SUFFOLK 335 Yaphank Avenue Yaphank, NY 11980 SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS 335 Yaphank Avenue Yaphank, NY 11980 SUFFOLK COUNTY TRANSIT 335 Yaphank Avenue Yaphank, NY 11980 TRANSPORTATION DIVISION OF SUFFOLK COUNTY 335 Yaphank Avenue Yaphank, NY 11980 SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILTIES Bldg.158, William J. Lindsay County Complex, Veterans Memorial Highway P.O. Box 6100 Hauppauge, NY 1178 HUGH HATTON 314 Walden Court East Moriches, NY 11940 YOUSEF ZEIBAQ 6 Ivy Court Centereach, NY 11720 2 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------------------------------------------X THOMAS BERTINI, VERIFIED COMPLAINT Plaintiff, -against- Index No. SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES, HUGH HATTON, and YOUSEF ZEIBAQ, Defendants. ----------------------------------------------------------------------------X Plaintiff THOMAS BERTINI, by his attorneys, LINDEN LAW LLC, as and for his Verified Complaint, upon information and belief, alleges the following: 1. At all times hereinafter mentioned, the plaintiff, THOMAS BERTINI, was and still is a resident of County of Suffolk, State of New York. 2. That the present cause of action arose in the County of Suffolk, State of New York. 3. That the plaintiff, THOMAS BERTINI, has complied with all of the conditions precedent to the bringing of this action, and has complied with all of the provisions of the General Municipal Law and the Public Authorities Law in relation thereto. 4. That the Plaintiff, THOMAS BERTINI, has presented a notice of claim to the defendants, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES, for adjustment on or about February 6, 2024. 3 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 5. That more than thirty days elapsed since the presentation of said notice of claim to the defendants Hugh Hatton 6. That the plaintiff, THOMAS BERTINI, was scheduled for a statutory hearing pursuant to Section 50(h) of the General Municipal Law as requested by the Defendant COUNTY OF SUFFOLK on May 9, 2024, but was unilaterally adjourned by the COUNTY OF SUFFOLK. 7. That the notice of claim which was presented to the defendants, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES on behalf of the plaintiff, THOMAS BERTINI, remains unadjusted in spite of the aforesaid. 8. That the defendants, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES have neglected, failed and refused to make any adjustment of the notice of claim which was presented to them on behalf of the plaintiff, THOMAS BERTINI. 9. That at least thirty days have elapsed since the notice of claim, demand claim and/or claims of the plaintiff THOMAS BERTINI, upon which this action is founded, were presented to, filed with, and served upon a member of the “public authority defendants” (the SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK 4 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 COUNTY OFFICE FOR PEOPLE WITH DISABILITIES) or other officer designated for such purpose, and yet the “public authority defendants” (the SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES) have neglected, failed and refused to make any adjustment or payment thereof, to date. 10. That this action is being commenced within one year and ninety days after the accrual of this cause of action, or otherwise within the time allowed by law. 11. At all times hereinafter mentioned, the defendants, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES, were and still are domestic municipal government public authority corporations. 12. At all times hereinafter mentioned, the defendants, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES, tractioned business within the State of New York; regularly did or solicited business within the State of New York or engaged in other persistent courses, conduct and/or derived substation revenue from goods used or consumed or serviced rendered in the State of New York and expected or should have reasonable expected its acts to have consequences within the State of New York and/or derived substantial revenue from 5 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 interstate or international commerce. 13. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), was the owner of a certain bus bearing New York state license plate number BD3478. 14. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), leased the aforesaid motor bus. 15. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), via their agents, servants, employees, contractors, and/or subcontractors, operated the aforesaid bus. 16. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), via their agents, servants, employees, contractors, and/or subcontractors, maintained the aforesaid bus. 17. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), via their agents, servants, employees, contractors, and/or subcontractors, managed the aforesaid bus. 18. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), via their agents, servants, employees, contractors, and/or subcontractors, controlled the aforesaid bus. 19. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), via their agents, servants, employees, contractors, and/or subcontractors, supervised the aforesaid bus. 20. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), via their agents, servants, employees, contractors, and/or subcontractors, repaired the aforesaid bus. 6 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 21. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK, was the owner of a certain bus bearing New York state license plate number BD3478. 22. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK, leased the aforesaid motor bus. 23. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK, via their agents, servants, employees, contractors, and/or subcontractors, operated the aforesaid bus. 24. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK, via their agents, servants, employees, contractors, and/or subcontractors, maintained the aforesaid bus. 25. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK, via their agents, servants, employees, contractors, and/or subcontractors, managed the aforesaid bus. 26. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK, via their agents, servants, employees, contractors, and/or subcontractors, controlled the aforesaid bus. 27. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK, via their agents, servants, employees, contractors, and/or subcontractors, supervised the aforesaid bus. 28. At all times hereinafter mentioned, the Defendant, COUNTY OF SUFFOLK, via their agents, servants, employees, contractors, and/or subcontractors, repaired the aforesaid bus. 29. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, was the owner of a certain bus bearing New York state license plate number BD3478. 30. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, leased the aforesaid motor bus. 7 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 31. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, via their agents, servants, employees, contractors, and/or subcontractors, operated the aforesaid bus. 32. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, via their agents, servants, employees, contractors, and/or subcontractors, maintained the aforesaid bus. 33. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, via their agents, servants, employees, contractors, and/or subcontractors, managed the aforesaid bus. 34. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, via their agents, servants, employees, contractors, and/or subcontractors, controlled the aforesaid bus. 35. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, via their agents, servants, employees, contractors, and/or subcontractors, supervised the aforesaid bus. 36. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, via their agents, servants, employees, contractors, and/or subcontractors, repaired the aforesaid bus. 37. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY TRANSIT, was the owner of a certain bus bearing New York state license plate number BD3478. 38. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY TRANSIT, leased the aforesaid motor bus. 8 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 39. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY TRANSIT, via their agents, servants, employees, contractors, and/or subcontractors, operated the aforesaid bus. 40. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY TRANSIT, via their agents, servants, employees, contractors, and/or subcontractors, maintained the aforesaid bus. 41. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY TRANSIT, via their agents, servants, employees, contractors, and/or subcontractors, managed the aforesaid bus. 42. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY TRANSIT, via their agents, servants, employees, contractors, and/or subcontractors, controlled the aforesaid bus. 43. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY TRANSIT, via their agents, servants, employees, contractors, and/or subcontractors, supervised the aforesaid bus. 44. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY TRANSIT, via their agents, servants, employees, contractors, and/or subcontractors, repaired the aforesaid bus. 45. At all times hereinafter mentioned, the Defendant, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, was the owner of a certain bus bearing New York state license plate number BD3478. 46. At all times hereinafter mentioned, the Defendant, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, leased the aforesaid motor bus. 9 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 47. At all times hereinafter mentioned, the Defendant, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, via their agents, servants, employees, contractors, and/or subcontractors, operated the aforesaid bus. 48. At all times hereinafter mentioned, the Defendant, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, via their agents, servants, employees, contractors, and/or subcontractors, maintained the aforesaid bus. 49. At all times hereinafter mentioned, the Defendant, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, via their agents, servants, employees, contractors, and/or subcontractors, managed the aforesaid bus. 50. At all times hereinafter mentioned, the Defendant, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, via their agents, servants, employees, contractors, and/or subcontractors, controlled the aforesaid bus. 51. At all times hereinafter mentioned, the Defendant, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, via their agents, servants, employees, contractors, and/or subcontractors, supervised the aforesaid bus. 52. At all times hereinafter mentioned, the Defendant, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, via their agents, servants, employees, contractors, and/or subcontractors, repaired the aforesaid bus. 53. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES, was the owner of a certain bus bearing New York state license plate number BD3478. 54. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES, leased the aforesaid motor bus. 10 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 55. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES, via their agents, servants, employees, contractors, and/or subcontractors, operated the aforesaid bus. 56. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES, via their agents, servants, employees, contractors, and/or subcontractors, maintained the aforesaid bus. 57. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES, via their agents, servants, employees, contractors, and/or subcontractors, managed the aforesaid bus. 58. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES, via their agents, servants, employees, contractors, and/or subcontractors, controlled the aforesaid bus. 59. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES, via their agents, servants, employees, contractors, and/or subcontractors, supervised the aforesaid bus. 60. At all times hereinafter mentioned, the Defendant, SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES, via their agents, servants, employees, contractors, and/or subcontractors, repaired the aforesaid bus. 61. At all times hereinafter mentioned, Defendant, HUGH HATTON, was and still is a resident of County of Suffolk, State of New York. 62. At all times hereinafter mentioned, the Defendant, HUGH HATTON, was an employee, agent, servant, licensee, contractor, subcontractor of the Defendants, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT, 11 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES. 63. At all times hereinafter mentioned, the Defendant, HUGH HATTON, operated the bus bearing New York State license number BD3478. 64. At all times hereinafter mentioned the Defendant, HUGH HATTON, operated the bus bearing New York State license number BD3478 with the permission of the Defendants, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES. 65. At all times hereinafter mentioned the Defendant, HUGH HATTON, operated the bus bearing New York State license number BD3478 with the knowledge of the Defendants, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES. 66. At all times hereinafter mentioned the Defendant, HUGH HATTON, operated the bus bearing New York State license number BD3478 with the consent of the Defendants, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES. 67. At all times hereinafter mentioned the Defendant, HUGH HATTON, operated the bus bearing New York State license number BD3478 within the scope of his employment with 12 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 the Defendants, SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES. 68. At all times hereinafter mentioned, the Defendant, HUGH HATTON, maintained the aforementioned bus. 69. At all times hereinafter mentioned, the Defendant, HUGH HATTON, managed the aforementioned bus. 70. At all times hereinafter mentioned, the Defendant, HUGH HATTON, controlled the aforementioned bus. 71. At all times hereinafter mentioned, the Defendant, HUGH HATTON, inspected the aforementioned bus. 72. At all times hereinafter mentioned, the Defendant, HUGH HATTON, supervised the aforementioned bus. 73. At all times hereinafter mentioned, the Defendant, HUGH HATTON, repaired the aforementioned bus. 74. At all times hereinafter mentioned, the Defendant YOUSEF ZEIBAQ was and still is a resident of the County of Suffolk, State of New York. 75. At all times herein mentioned, Defendant YOUSEF ZEIBAQ was the owner of a motor vehicle bearing New York State License Plate number LFS5413. 76. At all times hereinafter mentioned, Defendant YOUSEF ZEIBAQ operated the aforesaid motor vehicle. 77. At all times hereinafter mentioned, Defendant YOUSEF ZEIBAQ managed the aforesaid motor vehicle bearing New York State License Plate number LFS5413. 13 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 78. At all times hereinafter mentioned, Defendant YOUSEF ZEIBAQ maintained the aforesaid motor vehicle. 79. At all times hereinafter mentioned, Defendant YOUSEF ZEIBAQ controlled the aforesaid motor vehicle. 80. At all times hereinafter mentioned, Defendant YOUSEF ZEIBAQ repaired the aforesaid motor vehicle. 81. At all times hereinafter mentioned, Defendant YOUSEF ZEIBAQ inspected the aforesaid motor vehicle. 82. At all times hereinafter mentioned, Defendant YOUSEF ZEIBAQ supervised the aforesaid motor vehicle. 83. At all times hereinafter mentioned, the intersection of Express Drive South and Pond Road in the Town of Islip, County of Suffolk, and State of New York was and is a public roadway and/or thoroughfare. 84. That on January 24, 2024, the bus owned by Defendants SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY OFFICE FOR PEOPLE WITH DISABILITIES and operated by Defendant HUGH HATTON, in which the Plaintiff THOMAS BERTINI was a passenger, and the motor vehicle owned and operated by Defendant YOUSEF ZEIBAQ were in contact. 85. That on January 24, 2024, the bus owned by Defendants SUFFOLK COUNTY ACCESSIBLE TRANSPORTATION (SCAT), COUNTY OF SUFFOLK, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, SUFFOLK COUNTY TRANSIT, TRANSPORTATION DIVISION OF SUFFOLK COUNTY, and SUFFOLK COUNTY 14 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 OFFICE FOR PEOPLE WITH DISABILITIES and operated by Defendant HUGH HATTON, in which the Plaintiff THOMAS BERTINI was a passenger, and the motor vehicle owned and operated by Defendant YOUSEF ZEIBAQ were in contact at or near the intersection of Express Drive South and Pond Road in the Town of Islip, County of Suffolk, and State of New York. 86. That as a result of the aforesaid contact, Plaintiff, THOMAS BERTINI, was injured. 87. That the aforesaid occurrence was cause wholly and solely by reason of the negligence of the Defendants, without any fault or negligence on the part of the plaintiff contributing thereto. 88. That Defendants were negligent, careless, reckless, grossly negligent in the ownership, operation, management, maintenance, supervision, inspection and control of the aforesaid vehicle. 89. That by reason of the foregoing, plaintiff, THOMAS BERTINI, sustained severe, serious and permanent personal injuries, became sick, sore, lame and disabled; suffered injuries to his nervous system; suffered mental anguish, was confined to hospital, bed and home and may, in the future, be so confined; was incapacitated from attending to his usual duties and vocation and may, in the future, be so incapacitated; will suffer a loss and/or limitation of quality and enjoyment of life; and plaintiff, THOMAS BERTINI, was otherwise damaged. 90. That plaintiff, THOMAS BERTINI, has sustained serious injuries as defined in Subdivision d of §5102 of the Insurance Law-Recodification of the State of New York. 91. That plaintiff, THOMAS BERTINI, has sustained serious injury and economic loss greater than basic economic loss as to satisfy the exceptions of §5104 of the Insurance Law of the State of New York. 15 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 92. That plaintiff, THOMAS BERTINI, 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 only seeking to recover those damages not recoverable through no-fault insurance under the facts and circumstances in this action. 93. That by reason of the foregoing, plaintiff, THOMAS BERTINI, has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, plaintiff demands judgment against the defendants on the First Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with costs and disbursements of this action. Dated: New York, New York June 6, 2024 Yours, etc. _________________________ Jason Linden, Esq. 16 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 17 of 18 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:34 AM INDEX NO. 613918/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 ATTORNEY VERIFICATION STATE OF NEW YORK ) )ss.: COUNTY OF NEW YORK ) JASON LINDEN, ESQ., 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 a member of the law firm of LINDEN LAW, LLC, the attorneys for the plaintiff, and as such am familiar with the facts and circumstances herein. I have read the foregoing 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 is presently outside the county where I maintain my office. Dated: New York, New York June 6, 2024 ______________________________ Jason Linden 18 of 18