Preview
FILED: KINGS COUNTY CLERK 06/07/2024 12:28 PM INDEX NO. 515810/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2024
SUPREMECOURTOF THE STATE OFNEWYORK
COUNTYOF KINGS
X Index No.:
MAMADIAKHOUMPA,
Plaintiff, SUMMONS
Plaintiff designates KINGS County
As the place of trial
The basis of the venue is Plaintiff's
Residence.
-against-
JAMESSCOTT,
Defendant.
X
TOTHEABOVENAMEDDEFENDANT:
YOUAREHEREBYSUMMONED
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 twenty (20) days of service of
this Summons, exclusive of the day of service(or within (30) days after the service is
complete if this Summonsis 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: Brookl New York
June 024
Dip
Attorney for Plaintiff
2ND FlOOr
303 Livingston St.
Brooklyn, NY 11217
718-230-0050
TO:
James Scott
359 South Street, Apt#3B
Brooklyn, NY 11220
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SUPREMECOURTOFTHE STATE OF NEWYORK
COUNTYOF KINGS
----------------------------------------XIndex No.
MAMADIAKHOUMPA,
Plaintiff,
-against- VERIFIED COMPLAINT
JAMESSCOTT, .
Defendant.
______________________________________Ç
Plaintiff, MAMADIAKHOUMPAby his attorneys, Dipo Akinola, P.C., as
and for his Verified Complaint, respectfully alleges, as follows:
AS ANDFORA FIRST CAUSEOF ACTION ON
BEHALF OF PLAINTIFF, JANELLE S. MORRISON
1. That at all times mentioned, upon information and belief, Plaintiff, MAMA
DIAKHOUMPAwas, and still is a resident of the City of Brooklyn, County
of Kings, State of New York.
2. Plaintiff, MAMADIAKHOUMPAhas sustained serious injuries as defined
in Section 5102 of the Insurance Law of the State of NewYork and has
loss" loss"
sustained "economic greater than "basic economic as well as
loss"
"non economic and has a right of recovery for said injury for
loss" loss"
"economic and "non economic pursuant to Section 5102 of the
Insurance Law of the State of New York.
3. That at all times mentioned, upon information and belief, Defendant,
JAMESSCOTTwas, and still is a resident of the County of Kings, in the
State of New York.
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4. That at all times hereinafter mentioned, Defendant JAMESSCOTTowned
a vehicle bearing a NewYork State registration number JIMMY for the
year of 2020.
5. That at all times mentioned, Defendant JAMESSCOTToperated said
vehicle bearing New York State registration number JIMMY for the year of
2020.
6. That at all times mentioned, Defendant JAMESSCOTTcontrolled said
vehicle bearing New York State registration number JIMMY for the year of
2020.
7. That at all times hereinafter mentioned, the defendant JAMESSCOTT
maintained the said motor vehicle bearing New York State registration
number JIMMY for the year of 2020.
8. Upon information and belief that at all times hereinafter mentioned, in front
of 101 Broadway, in the County of Kings, City and State of New York, was
and is still a public roadway.
9. Upon information and belief, that at all times hereinafter mentioned, on the
9th
day of November 2023, at approximately 12.00 a.m., the defendant
JAMESSCOTTwas operating the said motor vehicle bearing New York
State registration number JIMMY for the year of 2020.
10. Upon information and belief, that at all times hereinafter mentioned, on the
24th day of November 2023, at approximately 12.00 a.m., the plaintiff
MAMADIAKHOUMPAwas operating a moped with New York registration
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number 962BK2 for the year 2023 in front of 101 Broadway, in the County
of Kings, City and State of New York.
.
9th
11. That on the day of November, 2023, at approximately 12.00 a.m. the
motor vehicle owned by defendant JAMESSCOTTand bearing New York
State registration number JIMMY for the year of 2020, operated and
controlled by defendant JAMESSCOTTwas in collision with the motor
vehicle that was operated and controlled by the plaintiff MAMA
DIAKHOUMPA.
12. By the reason of the aforesaid collision, the plaintiff MAMADIAKHOUMPA
was caused to sustain severe and serious personal injuries as well as
shock to his nervous system.
13. That the aforesaid collision was caused solely and wholly by reason of the
carelessness, recklessness and negligence of the defendant MAMA
DIAKHOUMPAand without any negligence on the part of the Plaintiff
contributing thereto.
14. That the aforesaid collision was caused wholly and solely by reason of the
carelessness, recklessness and negligence of the defendant MAMA
DIAKHOUMPAin that said defendant was traveling at an excessive rate of
speed, failed to look; failed to see; failed to maintain proper control of the
steering mechanism of said vehicle bearing New York State registration
number JIMMY for the year of 2020; failed to maintain proper control over
the braking mechanism of said vehicle; failed to recognize the conduct,
speed and movement of other vehicles along said roadway, failed to bring
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said vehicle bearing New York State registration number JlMMY for the
year of 2020 to a stop in time to avoid said collision; failed to yield right of
way; failed to give warning by horn or otherwise of the impending collision;
failed to provide for the safety and well-being of Plaintiff MAMA
DIAKHOUMPA;disobeyed a traffic control device; failed to adhere to the
rules of the road; failed to take steps to avoid collision; permitted and
allowed the aforementioned vehicle to be operated in an unsafe and
negligent manner; failed to observe the plaintiff MAMADIAKHOUMPAin
sufficient time so as to avoid striking the plaintiff; in failing to take
reasonable and necessary evasive actions so as to avoid striking the
plaintiff MAMADIAKHOUMPAand that the defendant JAMESSCOTT
was otherwise careless, reckless and negligent and caused said collision.
15. That defendant JAMESSCOTTwas reckless, careless and otherwise
negligent in the ownership, operation, management, maintenance,
supervision and control of the vehicle bearing New York State registration
number JIMMY for the year of 2020; by failing to make necessary repairs
to said vehicle; by neglecting ifs non-delegable duty to maintain said
vehicle in a safe manner, including but not limited to timely inspection of
said vehicle's brakes, tires, wheels, and other safety mechanisms; in
failing to adhere to any and all relevant local, city, state and federal rules,
regulations, codes and ordinances.
16. That by reason of the said collision, plaintiff MAMADIAKHOUMPA
suffered bodily injuries, became sick, sore, lame and disabled and has
4
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remained sick, sore, lame and disabled since the aforesaid accident; has
suffered great pain, agony and mental anguish and is informed and verily
believes that he will continue to suffer for a long time to come and that
said injuries are permanent; has suffered economic loss inasmuch as he
was forced to expend sums of money on medical treatment; that he was
deprived of his pursuits and interests and verily believes that in the future
he will continue to be deprived of such pursuits; and that said injuries are
permanent.
17. That as a result of said accident, the plaintiff has been unable to carry on
his duties for some time and believes that in the future he will be unable
to, and that the plaintiff has sustained serious and severe injuries as
loss"
defined in Section 5102 of the Insurance Law or "economic greater
loss"
than "basic economic as defined in Section 5102 of the Insurance
Law.
18. This action falls within one or more of the exceptions of CPLR 1602.
19. That by reason of Defendant JAMESSCOTT's negligence, Plaintiff has
been damaged in the sum of FIVE MILLION ($5,000,000.00) DOLLARS.
WHEREFORE,Plaintiff MAMADIAKHOUMPAdemands judgment against the
defendant, in the sum of FIVE MILLION ($5,000,000.00) DOLLARS; together
with the costs and disbursements of this action.
Dated: Brook NewYork
June 2024
Yours, etc.
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DIPO AKINOLA, P.C.
Attorney for Plaintiff
303 Livingston 2nd FI
St.,
Brooklyn, New York 11217
(718) 230-0050
TO: James Scott
359 South Street, Apt.# 3B
Brooklyn, NY 11220
6
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2024
INDIVIDUdL VERIFICATION
I am the Plaintiff in the within action. I have read the within VERIFIED COMPLAINT
and I know the contents thereof.
The contents of the within VERIFIED COMPLAINTare true to the best of my
knowledge, except as to those matters therein stated to be alleged upon information and
belief, and as to those matters I believe them to be true.
MÛM6 OLRkWO t) L¾@4 ___
MAMADIAKHOUMPA
me this
'
Sworn to before day of ,20
NOTARYPUBLIC
COLEMONOLA
State of NewYd
Ol..ADtPO
Notary Public,
No. 02AK9288781
Quelined in Kings.Cour
Oommission Expires September 09, 20__
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SUPREMECOURTOF THE STATE OF NEWYORK
COUNTYOF KINGS
.
____________________________---X Index#
MAMADIAHOUMPA,
Plaintiff,
-against-
JAMESSCOTT,
Defendant.
SUMMONS
ANDCOMPLAINT
X
DIPO AKINOLA, P.C.
Attorneys for Plaintiff
303 Livingston 2nd Pl0or
Street,
Brooklyn, NewYork 11217
718-230-0050
TO:
for -- --------------------------------------------
Attorney
Service of a copy of the within is hereby admitted.
Dated Attorneys for
Signature (Rule 130-1.1-a
Print name beneath
PLEASE TAKENOTICE
Notice of Entry
That the within is a true copy of a duly entered in the office of the Clerk of the
within Court on , 20
Notice of Settlement
That an order of which the within is a true copy will be presented for settlement to
the Hon. , one of the Judges of the within named Court, at on at A.M.
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Preview
FILED: KINGS COUNTY CLERK 06/07/2024 12:28 PM INDEX NO. 515810/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2024 SUPREMECOURTOF THE STATE OFNEWYORK COUNTYOF KINGS X Index No.: MAMADIAKHOUMPA, Plaintiff, SUMMONS Plaintiff designates KINGS County As the place of trial The basis of the venue is Plaintiff's Residence. -against- JAMESSCOTT, Defendant. X TOTHEABOVENAMEDDEFENDANT: YOUAREHEREBYSUMMONED 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 twenty (20) days of service of this Summons, exclusive of the day of service(or within (30) days after the service is complete if this Summonsis 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: Brookl New York June 024 Dip Attorney for Plaintiff 2ND FlOOr 303 Livingston St. Brooklyn, NY 11217 718-230-0050 TO: James Scott 359 South Street, Apt#3B Brooklyn, NY 11220 1 of 9 FILED: KINGS COUNTY CLERK 06/07/2024 12:28 PM INDEX NO. 515810/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2024 SUPREMECOURTOFTHE STATE OF NEWYORK COUNTYOF KINGS ----------------------------------------XIndex No. MAMADIAKHOUMPA, Plaintiff, -against- VERIFIED COMPLAINT JAMESSCOTT, . Defendant. ______________________________________Ç Plaintiff, MAMADIAKHOUMPAby his attorneys, Dipo Akinola, P.C., as and for his Verified Complaint, respectfully alleges, as follows: AS ANDFORA FIRST CAUSEOF ACTION ON BEHALF OF PLAINTIFF, JANELLE S. MORRISON 1. That at all times mentioned, upon information and belief, Plaintiff, MAMA DIAKHOUMPAwas, and still is a resident of the City of Brooklyn, County of Kings, State of New York. 2. Plaintiff, MAMADIAKHOUMPAhas sustained serious injuries as defined in Section 5102 of the Insurance Law of the State of NewYork and has loss" loss" sustained "economic greater than "basic economic as well as loss" "non economic and has a right of recovery for said injury for loss" loss" "economic and "non economic pursuant to Section 5102 of the Insurance Law of the State of New York. 3. That at all times mentioned, upon information and belief, Defendant, JAMESSCOTTwas, and still is a resident of the County of Kings, in the State of New York. 2 of 9 FILED: KINGS COUNTY CLERK 06/07/2024 12:28 PM INDEX NO. 515810/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2024 4. That at all times hereinafter mentioned, Defendant JAMESSCOTTowned a vehicle bearing a NewYork State registration number JIMMY for the year of 2020. 5. That at all times mentioned, Defendant JAMESSCOTToperated said vehicle bearing New York State registration number JIMMY for the year of 2020. 6. That at all times mentioned, Defendant JAMESSCOTTcontrolled said vehicle bearing New York State registration number JIMMY for the year of 2020. 7. That at all times hereinafter mentioned, the defendant JAMESSCOTT maintained the said motor vehicle bearing New York State registration number JIMMY for the year of 2020. 8. Upon information and belief that at all times hereinafter mentioned, in front of 101 Broadway, in the County of Kings, City and State of New York, was and is still a public roadway. 9. Upon information and belief, that at all times hereinafter mentioned, on the 9th day of November 2023, at approximately 12.00 a.m., the defendant JAMESSCOTTwas operating the said motor vehicle bearing New York State registration number JIMMY for the year of 2020. 10. Upon information and belief, that at all times hereinafter mentioned, on the 24th day of November 2023, at approximately 12.00 a.m., the plaintiff MAMADIAKHOUMPAwas operating a moped with New York registration 2 3 of 9 FILED: KINGS COUNTY CLERK 06/07/2024 12:28 PM INDEX NO. 515810/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2024 number 962BK2 for the year 2023 in front of 101 Broadway, in the County of Kings, City and State of New York. . 9th 11. That on the day of November, 2023, at approximately 12.00 a.m. the motor vehicle owned by defendant JAMESSCOTTand bearing New York State registration number JIMMY for the year of 2020, operated and controlled by defendant JAMESSCOTTwas in collision with the motor vehicle that was operated and controlled by the plaintiff MAMA DIAKHOUMPA. 12. By the reason of the aforesaid collision, the plaintiff MAMADIAKHOUMPA was caused to sustain severe and serious personal injuries as well as shock to his nervous system. 13. That the aforesaid collision was caused solely and wholly by reason of the carelessness, recklessness and negligence of the defendant MAMA DIAKHOUMPAand without any negligence on the part of the Plaintiff contributing thereto. 14. That the aforesaid collision was caused wholly and solely by reason of the carelessness, recklessness and negligence of the defendant MAMA DIAKHOUMPAin that said defendant was traveling at an excessive rate of speed, failed to look; failed to see; failed to maintain proper control of the steering mechanism of said vehicle bearing New York State registration number JIMMY for the year of 2020; failed to maintain proper control over the braking mechanism of said vehicle; failed to recognize the conduct, speed and movement of other vehicles along said roadway, failed to bring 3 4 of 9 FILED: KINGS COUNTY CLERK 06/07/2024 12:28 PM INDEX NO. 515810/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2024 said vehicle bearing New York State registration number JlMMY for the year of 2020 to a stop in time to avoid said collision; failed to yield right of way; failed to give warning by horn or otherwise of the impending collision; failed to provide for the safety and well-being of Plaintiff MAMA DIAKHOUMPA;disobeyed a traffic control device; failed to adhere to the rules of the road; failed to take steps to avoid collision; permitted and allowed the aforementioned vehicle to be operated in an unsafe and negligent manner; failed to observe the plaintiff MAMADIAKHOUMPAin sufficient time so as to avoid striking the plaintiff; in failing to take reasonable and necessary evasive actions so as to avoid striking the plaintiff MAMADIAKHOUMPAand that the defendant JAMESSCOTT was otherwise careless, reckless and negligent and caused said collision. 15. That defendant JAMESSCOTTwas reckless, careless and otherwise negligent in the ownership, operation, management, maintenance, supervision and control of the vehicle bearing New York State registration number JIMMY for the year of 2020; by failing to make necessary repairs to said vehicle; by neglecting ifs non-delegable duty to maintain said vehicle in a safe manner, including but not limited to timely inspection of said vehicle's brakes, tires, wheels, and other safety mechanisms; in failing to adhere to any and all relevant local, city, state and federal rules, regulations, codes and ordinances. 16. That by reason of the said collision, plaintiff MAMADIAKHOUMPA suffered bodily injuries, became sick, sore, lame and disabled and has 4 5 of 9 FILED: KINGS COUNTY CLERK 06/07/2024 12:28 PM INDEX NO. 515810/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2024 remained sick, sore, lame and disabled since the aforesaid accident; has suffered great pain, agony and mental anguish and is informed and verily believes that he will continue to suffer for a long time to come and that said injuries are permanent; has suffered economic loss inasmuch as he was forced to expend sums of money on medical treatment; that he was deprived of his pursuits and interests and verily believes that in the future he will continue to be deprived of such pursuits; and that said injuries are permanent. 17. That as a result of said accident, the plaintiff has been unable to carry on his duties for some time and believes that in the future he will be unable to, and that the plaintiff has sustained serious and severe injuries as loss" defined in Section 5102 of the Insurance Law or "economic greater loss" than "basic economic as defined in Section 5102 of the Insurance Law. 18. This action falls within one or more of the exceptions of CPLR 1602. 19. That by reason of Defendant JAMESSCOTT's negligence, Plaintiff has been damaged in the sum of FIVE MILLION ($5,000,000.00) DOLLARS. WHEREFORE,Plaintiff MAMADIAKHOUMPAdemands judgment against the defendant, in the sum of FIVE MILLION ($5,000,000.00) DOLLARS; together with the costs and disbursements of this action. Dated: Brook NewYork June 2024 Yours, etc. 5 6 of 9 FILED: KINGS COUNTY CLERK 06/07/2024 12:28 PM INDEX NO. 515810/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2024 DIPO AKINOLA, P.C. Attorney for Plaintiff 303 Livingston 2nd FI St., Brooklyn, New York 11217 (718) 230-0050 TO: James Scott 359 South Street, Apt.# 3B Brooklyn, NY 11220 6 7 of 9 FILED: KINGS COUNTY CLERK 06/07/2024 12:28 PM INDEX NO. 515810/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2024 INDIVIDUdL VERIFICATION I am the Plaintiff in the within action. I have read the within VERIFIED COMPLAINT and I know the contents thereof. The contents of the within VERIFIED COMPLAINTare true to the best of my knowledge, except as to those matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true. MÛM6 OLRkWO t) L¾@4 ___ MAMADIAKHOUMPA me this ' Sworn to before day of ,20 NOTARYPUBLIC COLEMONOLA State of NewYd Ol..ADtPO Notary Public, No. 02AK9288781 Quelined in Kings.Cour Oommission Expires September 09, 20__ 8 of 9 FILED: KINGS COUNTY CLERK 06/07/2024 12:28 PM INDEX NO. 515810/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2024 SUPREMECOURTOF THE STATE OF NEWYORK COUNTYOF KINGS . ____________________________---X Index# MAMADIAHOUMPA, Plaintiff, -against- JAMESSCOTT, Defendant. SUMMONS ANDCOMPLAINT X DIPO AKINOLA, P.C. Attorneys for Plaintiff 303 Livingston 2nd Pl0or Street, Brooklyn, NewYork 11217 718-230-0050 TO: for -- -------------------------------------------- Attorney Service of a copy of the within is hereby admitted. Dated Attorneys for Signature (Rule 130-1.1-a Print name beneath PLEASE TAKENOTICE Notice of Entry That the within is a true copy of a duly entered in the office of the Clerk of the within Court on , 20 Notice of Settlement That an order of which the within is a true copy will be presented for settlement to the Hon. , one of the Judges of the within named Court, at on at A.M. 9 of 9