Preview
FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
SUPREMECOURTOFTHESTATEOFNEWYORK INDEXN0:
COUNTYOFSUFFOLK DATEFILED:
______________________________________________________.._______________Ç
RICHARDN. SULLIVAN,
Plaintiff hereby designates:
SUFFOLKCOUNTY
as the
Plaintiff, place of trial.
-against- The basis of venue is
Plaintiff's residence
KAYLAA. SAMALAand FAMILY SERVICELEAGUE,INC.,
SUMMONS
Plaintiff resides at:
Defendants. Patchogue, New York
----_________--_______________________________________________________Ç
To the above-named Defendant(s): SUFFOLKCOUNTY
SUMMONED
YOUAREHEREBY 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 completed 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: Patchogue, NewYork
June 6, 2024 Yours, etc.,
CARTIER, BERNSTEIN,
AUERBACH & STEINBERG, P.C.
Defendant(s) Address(es): Attorneys for Plaintiff
KAYLAA. SAMALA Office & P.O. Address
54 Lexington Avenue 100 Austin Street, Building 2
Franklin Square, NY 11010 Patchogue, NewYork 11772
(631) 654-4900
FAMILY SERVICELEAGUE, INC.
790 Park Avenue
Huntington, NY 11743
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FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024
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SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFSUFFOLK
_____________________________________--------------------____________Ç
RICHARDN. SULLIVAN,
VERIFIED COMPLAINT
Plaintiff,
-against- Index No.
KAYLAA. SAMALAand FAMILY SERVICELEAGUE, INC.,
Defendants.
_________________..___________________________________________________Ç
Plaintiff, by and through his attorneys of record, CARTIER,BERNSTEIN, AUERBACH
& STEINBERG, PC, respectfully sets forth the following as and for his Venfied Complaint upon
information and belief:
1) That at all times mentioned herein, plaintiff, RICHARDN. SULLIVAN, is a
resident of the County of Suffolk, State of NewYork.
2) That at all times mentioned herein, the defendant, KAYLAA. SAMALA,was and
still is a resident of the County of Suffolk, State of NewYork.
3) That at all times mentioned herein, the defendant, FAMILY SERVICELEAGUE,
INC., is a domestic business operating with locations throughout the County of Suffolk, State of
NewYork.
4) That the venue for this matter was selected by the plaintiff based upon the fact that
the plaintiff resides in Suffolk County, State of New York, pursuant to and consistent with the
CPLRat Sec. 503(a).
5) That at all times herein mentioned, this Court has good and valid jurisdiction over
the person of the defendant pursuant to and consistent with the CPLRat Section 301.
6) That on December 15, 2023, at approximately 6:20 p.m., on Pond Road at or near
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its intersection with Johnson Avenue, in the Town of Brookhaven, County of Suffolk, State of
New York, the defendant operator, KAYLAA. SAMALA,negligently, carelessly and recklessly
caused the motor vehicle bearing New York State license plate number HMV2739to violently
strike and collide into the rear of the motor vehicle bearing Vermont license plate number KGP858
being operated by the plaintiff, RICHARDN. SULLIVAN.
7) That as a direct result of the motor vehicle accident, the plaintiff was caused to
sustain personal injuries which constituted a compensable serious injury as that term is defined by
the Insurance Law to the plaintiff's damage, detriment and loss. The plaintiff further complains
that the aforesaid motor vehicle accident and the resulting damages were wholly and solely caused
by the negligent acts and/or omissions by the defendant in the unsafe, wrongful, improper, and
careless ownership, operation and control of defendant's aforesaid motor vehicle.
8) The defendant was negligent, careless and reckless as follows: in failing to see that
which under the circumstances should be seen; in following too closely; in tailgating; in being
inattentive while operating her motor vehicle; in failing and omitting to slow down based on the
state of traffic; in failing and omitting to observe the flow of traffic; in negligently, carelessly and
recklessly striking plaintiffs vehicle in the rear; in failing to have said vehicle under proper control;
in being distracted while operating her vehicle; in causing, allowing and permitting her vehicle to
collide with the rear of the motor vehicle being operated by plaintiff which was stopped in traffic;
in failing to give any notice or sufficient warning of said vehicles approach; in failing to exercise
that degree of care required of a reasonably prudent person operating a motor vehicle; in failing to
keep a proper look out; all in violation of the statutes, ordinances, rules and regulations made and
provided therefore.
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9) That at all times herein mentioned, plaintiff, RICHARDN. SULLIVAN, was
lawfully operating the motor vehicle bearing Vermont license plate number KGP858 with the
permission, knowledge and consent of DAVID SULLIVAN, the registered owner of the motor
vehicle.
10) That at all times herein mentioned, the motor vehicle bearing New York license
plate number HMV2739was owned by the defendant, FAMILY SERVICELEAGUE,INC.
11) That at all times herein mentioned, the motor vehicle bearing New York license
plate number HMV2739was registered by the defendant, FAMILY SERVICELEAGUE, INC.
12) That at all times herein mentioned, the motor vehicle bearing New York license
plate number HMV2739was being operated by the defendant, KAYLA A. SAMALAwith the
express permission, knowledge, and consent of defendant, FAMILY SERVICELEAGUE, INC.
13) That at all times herein mentioned, the motor vehicle bearing New York license
plate number HMV2739was being operated by the defendant, KAYLAA. SAMALA,within the
scope of her employment.
14) That on the aforesaid date, time and location, defendants motor vehicle bearing
license plate number HMV2739came into contact with the rear of the motor vehicle bearing
license plate number KGP858.
15) That the accident in question was caused wholly and solely by reason of the
negligence of the defendants in the unsafe, improper, dangerous, careless and reckless ownership,
operation, and control of the aforesaid motor vehicle.
.
16) That as a result of the aforesaid accident the plaintiff, RICHARDN. SULLIVAN,
has suffered severe and serious personal injuries required hospital care, further medical attention
and treatment, and that plaintiff was rendered incapacitated from his usual and customary daily
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FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024
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activities.
17) That there was no negligence on the part of the plaintiff contributing thereto.
18) That this action falls within one or more of the exceptions set forth in the CPLRat
Section 1602.
19) That plaintiff, RICHARDN. SULLIVAN, is a covered person as defined by the
Insurance Law of the State of New York.
20) That as a result of the foregoing, the plaintiff, RICHARDN. SULLIVAN, sustained
serious injuries as defined by Section 5102(d) of the Insurance Law of the State of New York, and
that by reason thereof, the said plaintiff is entitled to recover for non-economic loss and for such
economic losses as set forth in the Insurance Law of the State of NewYork.
21) That as a result of the defendant's negligent acts and/or omissions, plaintiff,
RICHARDN. SULLIVAN, sustained personal injuries which constitute a compensable serious
injury as set forth in the Insurance Law as follows: a permanent consequential limitation of use of
a body organ or member and/or; a significant limitation of use of a body function or system; and/or
a medically determined injury or impairment of a non-permanent nature which prevents plaintiff
from performing substantially all of the material acts which constituted plaintiffs usual and
customary daily activities for not less than ninety days during the first one hundred eighty days
immediately following the onset of the injury or impairment alleged as specified by Section 5102
of the Insurance Law, Subsection (d); all to plaintiff's damage and detriment in an amount which
exceeds the jurisdictional limits of the lower courts.
WHEREFORE,
the plaintiff demandsjudgment against the defendant in an amount which
exceeds the jurisdictional limits of the lower courts; together with the costs and disbursements of
this action.
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FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
Dated: Patchogue, NewYork
June 6, 2024
Yours, etc.,
enneth A. uerb ch, Esq.
&
CARTIER, BERNSTEIN, AUERBACH
STEINBERG,P.C.
Attorneys for Plaintiff
100 Austin Street,2 Building
Patchogue, NewYork
11772
Phone No. (631) 654-4900
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FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
VERIFICATION
STATEOFNEWYORK )
)ss.:
COUNTYOFSUFFOLK )
RICHARDN. SULLIVAN, being duly sworn, deposes and says:
I amthe Plaintiff in the instant action. I have read the annexed COMPLAINT, 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, and as to those matters, I believe them to be true.
RICHARDN. SULLIVAN
S orn to before methis
a of June, 2024 DOROTHY
C.REGINA
.ito.tary Public, State of NewNork
No. 01RE6048190
ualified in Suffolk
ast mission County
Expires. Sept.18,20
otary Publi
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FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
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FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
INDEX NUMBER:
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFSUFFOLK
RICHARDN. SULLIVAN,
Plaintiff,
-against-
KAYLAA. SAMALAand FAMILY SERVICELEAGUE, INC.,
Defendants.
SUMMONS
ANDVERIFIED COMPLAINT
LAWOFFICEOF
CARTIER, & STEINBERG,P.C.
BERNSTEIN,AUERBACH
Attorneys for Plaintiff(s)
100 AUSTIN STREET, BUILDING 2
NY
PATCHOGUE, 11772
(631) 654-4900
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts
of New York State, certif les that, upon information and belief and reasonable inquiry, the
contentions contained in the annexed document(s) are not frivolous.
Dated:
Signature:
Print Signer's Name: Kenneth A. Auerbach, Esq.
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Preview
FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREMECOURTOFTHESTATEOFNEWYORK INDEXN0: COUNTYOFSUFFOLK DATEFILED: ______________________________________________________.._______________Ç RICHARDN. SULLIVAN, Plaintiff hereby designates: SUFFOLKCOUNTY as the Plaintiff, place of trial. -against- The basis of venue is Plaintiff's residence KAYLAA. SAMALAand FAMILY SERVICELEAGUE,INC., SUMMONS Plaintiff resides at: Defendants. Patchogue, New York ----_________--_______________________________________________________Ç To the above-named Defendant(s): SUFFOLKCOUNTY SUMMONED YOUAREHEREBY 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 completed 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: Patchogue, NewYork June 6, 2024 Yours, etc., CARTIER, BERNSTEIN, AUERBACH & STEINBERG, P.C. Defendant(s) Address(es): Attorneys for Plaintiff KAYLAA. SAMALA Office & P.O. Address 54 Lexington Avenue 100 Austin Street, Building 2 Franklin Square, NY 11010 Patchogue, NewYork 11772 (631) 654-4900 FAMILY SERVICELEAGUE, INC. 790 Park Avenue Huntington, NY 11743 1 of 9 FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFSUFFOLK _____________________________________--------------------____________Ç RICHARDN. SULLIVAN, VERIFIED COMPLAINT Plaintiff, -against- Index No. KAYLAA. SAMALAand FAMILY SERVICELEAGUE, INC., Defendants. _________________..___________________________________________________Ç Plaintiff, by and through his attorneys of record, CARTIER,BERNSTEIN, AUERBACH & STEINBERG, PC, respectfully sets forth the following as and for his Venfied Complaint upon information and belief: 1) That at all times mentioned herein, plaintiff, RICHARDN. SULLIVAN, is a resident of the County of Suffolk, State of NewYork. 2) That at all times mentioned herein, the defendant, KAYLAA. SAMALA,was and still is a resident of the County of Suffolk, State of NewYork. 3) That at all times mentioned herein, the defendant, FAMILY SERVICELEAGUE, INC., is a domestic business operating with locations throughout the County of Suffolk, State of NewYork. 4) That the venue for this matter was selected by the plaintiff based upon the fact that the plaintiff resides in Suffolk County, State of New York, pursuant to and consistent with the CPLRat Sec. 503(a). 5) That at all times herein mentioned, this Court has good and valid jurisdiction over the person of the defendant pursuant to and consistent with the CPLRat Section 301. 6) That on December 15, 2023, at approximately 6:20 p.m., on Pond Road at or near 2 of 9 FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 its intersection with Johnson Avenue, in the Town of Brookhaven, County of Suffolk, State of New York, the defendant operator, KAYLAA. SAMALA,negligently, carelessly and recklessly caused the motor vehicle bearing New York State license plate number HMV2739to violently strike and collide into the rear of the motor vehicle bearing Vermont license plate number KGP858 being operated by the plaintiff, RICHARDN. SULLIVAN. 7) That as a direct result of the motor vehicle accident, the plaintiff was caused to sustain personal injuries which constituted a compensable serious injury as that term is defined by the Insurance Law to the plaintiff's damage, detriment and loss. The plaintiff further complains that the aforesaid motor vehicle accident and the resulting damages were wholly and solely caused by the negligent acts and/or omissions by the defendant in the unsafe, wrongful, improper, and careless ownership, operation and control of defendant's aforesaid motor vehicle. 8) The defendant was negligent, careless and reckless as follows: in failing to see that which under the circumstances should be seen; in following too closely; in tailgating; in being inattentive while operating her motor vehicle; in failing and omitting to slow down based on the state of traffic; in failing and omitting to observe the flow of traffic; in negligently, carelessly and recklessly striking plaintiffs vehicle in the rear; in failing to have said vehicle under proper control; in being distracted while operating her vehicle; in causing, allowing and permitting her vehicle to collide with the rear of the motor vehicle being operated by plaintiff which was stopped in traffic; in failing to give any notice or sufficient warning of said vehicles approach; in failing to exercise that degree of care required of a reasonably prudent person operating a motor vehicle; in failing to keep a proper look out; all in violation of the statutes, ordinances, rules and regulations made and provided therefore. 3 of 9 FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 9) That at all times herein mentioned, plaintiff, RICHARDN. SULLIVAN, was lawfully operating the motor vehicle bearing Vermont license plate number KGP858 with the permission, knowledge and consent of DAVID SULLIVAN, the registered owner of the motor vehicle. 10) That at all times herein mentioned, the motor vehicle bearing New York license plate number HMV2739was owned by the defendant, FAMILY SERVICELEAGUE,INC. 11) That at all times herein mentioned, the motor vehicle bearing New York license plate number HMV2739was registered by the defendant, FAMILY SERVICELEAGUE, INC. 12) That at all times herein mentioned, the motor vehicle bearing New York license plate number HMV2739was being operated by the defendant, KAYLA A. SAMALAwith the express permission, knowledge, and consent of defendant, FAMILY SERVICELEAGUE, INC. 13) That at all times herein mentioned, the motor vehicle bearing New York license plate number HMV2739was being operated by the defendant, KAYLAA. SAMALA,within the scope of her employment. 14) That on the aforesaid date, time and location, defendants motor vehicle bearing license plate number HMV2739came into contact with the rear of the motor vehicle bearing license plate number KGP858. 15) That the accident in question was caused wholly and solely by reason of the negligence of the defendants in the unsafe, improper, dangerous, careless and reckless ownership, operation, and control of the aforesaid motor vehicle. . 16) That as a result of the aforesaid accident the plaintiff, RICHARDN. SULLIVAN, has suffered severe and serious personal injuries required hospital care, further medical attention and treatment, and that plaintiff was rendered incapacitated from his usual and customary daily 4 of 9 FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 activities. 17) That there was no negligence on the part of the plaintiff contributing thereto. 18) That this action falls within one or more of the exceptions set forth in the CPLRat Section 1602. 19) That plaintiff, RICHARDN. SULLIVAN, is a covered person as defined by the Insurance Law of the State of New York. 20) That as a result of the foregoing, the plaintiff, RICHARDN. SULLIVAN, sustained serious injuries as defined by Section 5102(d) of the Insurance Law of the State of New York, and that by reason thereof, the said plaintiff is entitled to recover for non-economic loss and for such economic losses as set forth in the Insurance Law of the State of NewYork. 21) That as a result of the defendant's negligent acts and/or omissions, plaintiff, RICHARDN. SULLIVAN, sustained personal injuries which constitute a compensable serious injury as set forth in the Insurance Law as follows: a permanent consequential limitation of use of a body organ or member and/or; a significant limitation of use of a body function or system; and/or a medically determined injury or impairment of a non-permanent nature which prevents plaintiff from performing substantially all of the material acts which constituted plaintiffs usual and customary daily activities for not less than ninety days during the first one hundred eighty days immediately following the onset of the injury or impairment alleged as specified by Section 5102 of the Insurance Law, Subsection (d); all to plaintiff's damage and detriment in an amount which exceeds the jurisdictional limits of the lower courts. WHEREFORE, the plaintiff demandsjudgment against the defendant in an amount which exceeds the jurisdictional limits of the lower courts; together with the costs and disbursements of this action. 5 of 9 FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 Dated: Patchogue, NewYork June 6, 2024 Yours, etc., enneth A. uerb ch, Esq. & CARTIER, BERNSTEIN, AUERBACH STEINBERG,P.C. Attorneys for Plaintiff 100 Austin Street,2 Building Patchogue, NewYork 11772 Phone No. (631) 654-4900 6 of 9 FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 VERIFICATION STATEOFNEWYORK ) )ss.: COUNTYOFSUFFOLK ) RICHARDN. SULLIVAN, being duly sworn, deposes and says: I amthe Plaintiff in the instant action. I have read the annexed COMPLAINT, 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, and as to those matters, I believe them to be true. RICHARDN. SULLIVAN S orn to before methis a of June, 2024 DOROTHY C.REGINA .ito.tary Public, State of NewNork No. 01RE6048190 ualified in Suffolk ast mission County Expires. Sept.18,20 otary Publi 7 of 9 FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 AWD3/ ·M.YHTO/OG . .oild u9 ³1sto po³ ,gau to ets33 08 t8s0až/ t0 .o - n_oOdloBu8 ai be9ilS0D (.ieaemoO 0S .8 t ,iqeB as1lq×3 a 8 of 9 FILED: SUFFOLK COUNTY CLERK 06/06/2024 03:27 PM INDEX NO. 613953/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 INDEX NUMBER: SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFSUFFOLK RICHARDN. SULLIVAN, Plaintiff, -against- KAYLAA. SAMALAand FAMILY SERVICELEAGUE, INC., Defendants. SUMMONS ANDVERIFIED COMPLAINT LAWOFFICEOF CARTIER, & STEINBERG,P.C. BERNSTEIN,AUERBACH Attorneys for Plaintiff(s) 100 AUSTIN STREET, BUILDING 2 NY PATCHOGUE, 11772 (631) 654-4900 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certif les that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document(s) are not frivolous. Dated: Signature: Print Signer's Name: Kenneth A. Auerbach, Esq. 9 of 9