Preview
FILED: KINGS COUNTY CLERK 06/14/2024 10:04 AM INDEX NO. 516500/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
SUPREME COURT OF THE STATE OF NEW
YORK COUNTY OF KINGS
-----------------------------------------------------------------X SUMMONS
DAVID JOSEPH
Index No.
Plaintiff,
Plaintiff(s) designates
-against- KINGS County
as the place of trial
The basis of venue is
PENSKE TRUCK LEASING CORPORATION, PLAINTIFFS RESIDENCE
NARINDER SINGH and JOSEPH SABIANO PLAINTIFF RESIDES AT
9201 KINGS HWY
Defendants, BROOKLYN, NY 11212
-----------------------------------------------------------------X County of KINGS
To the above-named Defendants,
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or,
if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20
days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this
summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded herein.
Dated: June 13, 2024
BY: ALEXANDER ROYTBLAT, ESQ.
This SUMMONS AND COMPLAINT and
the papers on which it is based, are certified
pursuant to Section 130-1.1-a of the rules of
the Chief Administrator (22NYCRR)
ROYTBLAT LAW GROUP, PLLC
Attorney(s) for Plaintiff(s)
Office and Post Office Address
98 Cuttermill Road
Suite 479 North
Great Neck, NY 11021
(718) 872-6374
Notice: The object of this action is to recover for personal injury due to defendant(s) negligence
The relief sought is Monetary Damages
Upon your failure to appear, judgment will be taken against you by default with interest from November 25, 2023
and the costs of this action.
SEE ATTACHED
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DEFENDANT(S) ADDRESS(ES)
PENSKE TRUCK LEASING CORPORATION NARINDER SINGH
VIA SECRETARY OF STATE 9 LISZT STREET
HICKSVILLE, NY 11801
JOSEPH SABIANO
155 E. 35TH STREET
BROOKLYN.11210
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SUPREME COURT OF THE STATE OF NEW
YORK COUNTY OF KINGS
-----------------------------------------------------------------X
DAVID JOSEPH
Plaintiff, VERIFIED COMPLAINT
-against-
Index No.
PENSKE TRUCK LEASING CORPORATION,
NARINDER SINGH and JOSEPH SABIANO
Defendants,
----------------------------------------------------------------X
Plaintiff(s), complaining of the defendants by their attorneys, ROYTBLAT LAW GROUP,
PLLC, upon information and belief, respectfully allege(s):
AS AND FOR A CAUSE OF ACTION ON BEHALF
OF PLAINTIFFS, DAVID JOSEPH, AGAINST DEFENDANTS PENSKE TRUCK
LEASING CORPORATION NARINDER SINGH, and JOSEPH SABIANO
1. That at all the times herein mentioned, the defendant, NARINDER SINGH, was and still
is a resident of the County of NASSAU, State of NEW YORK.
2. That at all the times herein mentioned, the defendant, JOSEPH SABIANO, was and still
is a resident of the County of KINGS, State of NEW YORK.
3. That at all the times herein mentioned, the defendant, PENSKE TRUCK LEASING
CORPORATION, was and still is a domestic business corporation organized under the laws of
the State of New York and doing business in the State of New York.
4. That all the times herein mentioned, the defendant, PENSKE TRUCK LEASING
CORPORATION was and still is a foreign business corporation organized under the laws of the
State of New York and doing business in the State of New York.
5. That at all the times herein mentioned, the plaintiffs DAVID JOSEPH was and still is a
residents of the County of KINGS in the State of NEW YORK.
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6. That at on or about November 25, 2023, on a public highway called Atlantic Avenue at or
near its intersection with Eastern Parkway, County of Kings State of New York a motor vehicle
bearing Registration #: 3405644, PA State came into contact with a motor vehicle bearing
Registration #: LFS9749, NY State.
7. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or near
its intersection with Eastern Parkway, County of Kings, State of NY, motor vehicle bearing
registration # 3405644 PA State came into contact with a motor vehicle bearing Registration #
LFS9749 NY State.
8. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or near
its intersection with Eastern Parkway, County of Kings, State of NY, the defendant, PENSKE
TRUCK LEASING CORPORATION owned a motor vehicle bearing Registration # 3405644 PA
State came into contact with a motor vehicle bearing Registration # LFS9749 NY State, in which
plaintiffs were lawfully seated.
9. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or near
its intersection with Eastern Parkway, County of Kings, State of NY, the defendant, PENSKE
TRUCK LEASING CORPORATION controlled, operated, driven a motor vehicle bearing
Registration # 3405644 PA State came into contact with a motor vehicle bearing Registration #
LFS9749 NY State, in which plaintiffs were lawfully seated.
10. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or
near its intersection with Eastern Parkway, County of Kings, State of NY, the
defendant, NARINDER SINGH owned, a motor vehicle bearing Registration # 3405644 PA State
came into contact with a motor vehicle bearing Registration # LFS9749 NY State, in which
plaintiffs were lawfully seated.
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11. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or near
its intersection with Eastern Parkway, County of Kings, State of NY, the defendant, NARINDER
SINGH controlled, operated, driven a motor vehicle bearing Registration # 3405644 PA State
came into contact with a motor vehicle bearing Registration # LFS9749 NY State, in which
plaintiffs were lawfully seated.
12. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or
near its intersection with Eastern Parkway, County of Kings, State of New York, the
defendant NARINDER SINGH negligently drove a motor vehicle bearing Registration
#: 3405644, PA State, into a motor vehicle bearing Registration#: LFS9749, NY State in which
plaintiffs were lawfully seated.
13. That at all times relevant to this action, Motor vehicle bearing Registration #: 3405644, PA
State was operated by defendant NARINDER SINGH, with the permission and consent of the
owner.
14. That all times relevant to this action, motor vehicle bearing Registration # 3405644, PA
State was operated by defendant NARINDER SINGH, within the scope of that permission and
consent
15. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or near
its intersection with Eastern Parkway, County of Kings, State of NY, the defendant, JOSEPH
SABIANO owned a motor vehicle bearing Registration # LFS9749 NY State came into contact
with a motor vehicle bearing Registration # 3405644 PA State, while Plaintiff was a lawfully
seated passenger.
16. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or
near its intersection with Eastern Parkway, County of Kings, State of NY, the defendant, JOSEPH
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SABIANO controlled, operated, driven a motor vehicle bearing Registration # LFS9749 NY state
came into contact with a motor vehicle bearing Registration # 3505644 PA State, while Plaintiff
was a lawfully seated passenger.
17. At all relevant times, it was the duty of defendants, to keep and maintain said motor
vehicles in a reasonable state of repair and in good and safe condition, and not to suffer and permit
said motor vehicle become dangerous to plaintiff.
18. That the liability of defendants arise from the use, operation or ownership of a motor vehicle
within the meaning of CPLR §1602; a non-delegable duty; the doctrine
of respondeat superior; and reckless disregard of defendants for the safety of others within the
meaning of CPLR §1602; and accordingly to the extent that limited liability would impair, modify,
abrogate or restrict the right of plaintiff as against said defendants, defendants are not entitled to
invoke the limited liability provisions of Article 16 of the CPLR and to the extent, if any, that any
defendants in this action contend that any of the employers of plaintiff bears any culpability: with
respect to the injuries of plaintiff, the benefits of CPLR § 1602 are claimed by plaintiffs.
19. That the defendants, their agents, servants and/or employees acted with reckless disregard
for the well-being of the plaintiff, were negligent, careless, willful and wanton in ownership,
control, maintenance and operation their vehicle at a rapid and excessive rate of speed under the
circumstances then existing; in failing to obey traffic signals; in operating their vehicle with
ineffectual brakes, appliances and other devices; in failing to have their vehicle under proper
control; in causing and permitting their vehicle to collide with and strike plaintiff’s vehicle, and/or
plaintiff, and/or vehicle in which plaintiff was seated; in failing to give any notice or warning of
their vehicle's approach; in failing to exercise that degree of care required of a prudent person
operating a motor vehicle on a public highway; in failing to give plaintiff's vehicle or each other the
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right of way; in failing to keep a proper look out; in operating a motor vehicle violation of the
statutes, ordinances, rules and regulations made and provided therefore including but not limited
to violation of New York State Vehicle and Traffic Law Sections 116, 375, 600, 1100, 1101, 1110,
1111, 1112, 1113, 1120, 1127, 1128, 1129, 1141, 1142, 1143, 1146, 1151, 1160, 1163, 1172, 1180,
1180(e), and 1213; being liable under the doctrine of res ipsa loquitor, and, in otherwise causing
the damages sustained by plaintiff; all in violation of the statutes, ordinances, rules and regulations
made and provided therefore.
20. That this action falls within one or more of the exceptions set forth in CPLR 1602.
21. That plaintiff sustained serious injuries and economic loss greater than basic economic
loss as defined by §5104 of the Insurance Law of the State of New York.
22. Solely as a result of the defendants’ negligence, willful, wanton and gross negligence as
aforesaid, plaintiff has sustained a serious personal injury and/or impairment which resulted in
dismemberment; significant disfigurement; fracture; permanent loss of a body organ, or member;
permanent consequential limitation of use of a body organ or member; significant limitation of use
of a body function or system; loss of normal pursuits and pleasures of life; and/or a medically
determined injury or impairment which prevents plaintiff from performing substantially all of the
material acts which constituted plaintiff's usual and customary activities for such period of time
all as specified by Section 5102 of the Insurance Law, Subsection (d); in all to their damages both
compensatory and exemplary in an amount, which exceeds the jurisdictional limits of all lower
courts which would otherwise have jurisdiction and which warrants the jurisdiction of this Court.
23. That the liability of defendants arise from the use, operation or ownership of a motor
vehicle within the meaning of CPLR §1602; a non-delegable duty; the doctrine
of respondeat superior; and reckless disregard of defendants for the safety of others within the
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meaning of CPLR §1602; and accordingly to the extent that limited liability would impair, modify,
abrogate or restrict the right of plaintiff as against said defendants, defendants are not entitled to
invoke the limited liability provisions of Article 16 of the CPLR and to the extent, if any, that any
defendants in this action contend that any of the employers of plaintiff bears any culpability: with
respect to the injuries of plaintiff, the benefits of CPLR § 1602 are claimed by plaintiff.
WHEREFORE, the plaintiff demands judgment both compensatory and exemplary
against the defendant in the Cause of action in an amount which exceeds the jurisdictional limits
of all lower courts which would otherwise have jurisdiction and which warrants the jurisdiction of
this Court, together with the costs and disbursements of the cause of action.
Yours, etc.
/S/Alexander Roytblat
Alexander Roytblat, Esq.
Attorneys for Plaintiffs
98 Cuttermill Road, Suite 479 North,
Great Neck, NY 11021
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VERIFICATION
STATE OF NEW YORK)
COUNTY OF NASSAU)
The undersigned, an attorney admitted to practice in the Courts of the State of New York,
states that affirmant is a member of the firm of ROYTBLAT LAW GROUP, PLLC, the attorneys
for the plaintiffs, DAVID JOSEPH that affirmant has read the foregoing SUMMONS AND
COMPLAINT and knows the contents thereof, and that same is true to the affirmant’s knowledge,
except as to the matters therein stated to be alleged upon information and belief, and that as to
those matters affirmant believes to be true.
That reason this verification is made by affirmant and not by the plaintiffs, is that resides
outside of the county where the affirmant’s office is located. The source of affirmant’s knowledge
and the grounds of belief as to those matters therein stated to be alleged on information and belief
are correspondence and investigations which have been made concerning the subject matter in this
action, and which are in possession of the said attorneys.
The undersigned affirms that foregoing statements are true, under the penalties of perjury.
DATE: Great Neck, New York
June 13, 2024
/S/Alexander Roytblat________
ALEXANDER ROYTBLAT, ESQ.
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Preview
FILED: KINGS COUNTY CLERK 06/14/2024 10:04 AM INDEX NO. 516500/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X SUMMONS DAVID JOSEPH Index No. Plaintiff, Plaintiff(s) designates -against- KINGS County as the place of trial The basis of venue is PENSKE TRUCK LEASING CORPORATION, PLAINTIFFS RESIDENCE NARINDER SINGH and JOSEPH SABIANO PLAINTIFF RESIDES AT 9201 KINGS HWY Defendants, BROOKLYN, NY 11212 -----------------------------------------------------------------X County of KINGS To the above-named Defendants, YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. Dated: June 13, 2024 BY: ALEXANDER ROYTBLAT, ESQ. This SUMMONS AND COMPLAINT and the papers on which it is based, are certified pursuant to Section 130-1.1-a of the rules of the Chief Administrator (22NYCRR) ROYTBLAT LAW GROUP, PLLC Attorney(s) for Plaintiff(s) Office and Post Office Address 98 Cuttermill Road Suite 479 North Great Neck, NY 11021 (718) 872-6374 Notice: The object of this action is to recover for personal injury due to defendant(s) negligence The relief sought is Monetary Damages Upon your failure to appear, judgment will be taken against you by default with interest from November 25, 2023 and the costs of this action. SEE ATTACHED 1 of 9 FILED: KINGS COUNTY CLERK 06/14/2024 10:04 AM INDEX NO. 516500/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 DEFENDANT(S) ADDRESS(ES) PENSKE TRUCK LEASING CORPORATION NARINDER SINGH VIA SECRETARY OF STATE 9 LISZT STREET HICKSVILLE, NY 11801 JOSEPH SABIANO 155 E. 35TH STREET BROOKLYN.11210 2 of 9 FILED: KINGS COUNTY CLERK 06/14/2024 10:04 AM INDEX NO. 516500/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------X DAVID JOSEPH Plaintiff, VERIFIED COMPLAINT -against- Index No. PENSKE TRUCK LEASING CORPORATION, NARINDER SINGH and JOSEPH SABIANO Defendants, ----------------------------------------------------------------X Plaintiff(s), complaining of the defendants by their attorneys, ROYTBLAT LAW GROUP, PLLC, upon information and belief, respectfully allege(s): AS AND FOR A CAUSE OF ACTION ON BEHALF OF PLAINTIFFS, DAVID JOSEPH, AGAINST DEFENDANTS PENSKE TRUCK LEASING CORPORATION NARINDER SINGH, and JOSEPH SABIANO 1. That at all the times herein mentioned, the defendant, NARINDER SINGH, was and still is a resident of the County of NASSAU, State of NEW YORK. 2. That at all the times herein mentioned, the defendant, JOSEPH SABIANO, was and still is a resident of the County of KINGS, State of NEW YORK. 3. That at all the times herein mentioned, the defendant, PENSKE TRUCK LEASING CORPORATION, was and still is a domestic business corporation organized under the laws of the State of New York and doing business in the State of New York. 4. That all the times herein mentioned, the defendant, PENSKE TRUCK LEASING CORPORATION was and still is a foreign business corporation organized under the laws of the State of New York and doing business in the State of New York. 5. That at all the times herein mentioned, the plaintiffs DAVID JOSEPH was and still is a residents of the County of KINGS in the State of NEW YORK. 3 of 9 FILED: KINGS COUNTY CLERK 06/14/2024 10:04 AM INDEX NO. 516500/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 6. That at on or about November 25, 2023, on a public highway called Atlantic Avenue at or near its intersection with Eastern Parkway, County of Kings State of New York a motor vehicle bearing Registration #: 3405644, PA State came into contact with a motor vehicle bearing Registration #: LFS9749, NY State. 7. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or near its intersection with Eastern Parkway, County of Kings, State of NY, motor vehicle bearing registration # 3405644 PA State came into contact with a motor vehicle bearing Registration # LFS9749 NY State. 8. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or near its intersection with Eastern Parkway, County of Kings, State of NY, the defendant, PENSKE TRUCK LEASING CORPORATION owned a motor vehicle bearing Registration # 3405644 PA State came into contact with a motor vehicle bearing Registration # LFS9749 NY State, in which plaintiffs were lawfully seated. 9. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or near its intersection with Eastern Parkway, County of Kings, State of NY, the defendant, PENSKE TRUCK LEASING CORPORATION controlled, operated, driven a motor vehicle bearing Registration # 3405644 PA State came into contact with a motor vehicle bearing Registration # LFS9749 NY State, in which plaintiffs were lawfully seated. 10. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or near its intersection with Eastern Parkway, County of Kings, State of NY, the defendant, NARINDER SINGH owned, a motor vehicle bearing Registration # 3405644 PA State came into contact with a motor vehicle bearing Registration # LFS9749 NY State, in which plaintiffs were lawfully seated. 4 of 9 FILED: KINGS COUNTY CLERK 06/14/2024 10:04 AM INDEX NO. 516500/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 11. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or near its intersection with Eastern Parkway, County of Kings, State of NY, the defendant, NARINDER SINGH controlled, operated, driven a motor vehicle bearing Registration # 3405644 PA State came into contact with a motor vehicle bearing Registration # LFS9749 NY State, in which plaintiffs were lawfully seated. 12. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or near its intersection with Eastern Parkway, County of Kings, State of New York, the defendant NARINDER SINGH negligently drove a motor vehicle bearing Registration #: 3405644, PA State, into a motor vehicle bearing Registration#: LFS9749, NY State in which plaintiffs were lawfully seated. 13. That at all times relevant to this action, Motor vehicle bearing Registration #: 3405644, PA State was operated by defendant NARINDER SINGH, with the permission and consent of the owner. 14. That all times relevant to this action, motor vehicle bearing Registration # 3405644, PA State was operated by defendant NARINDER SINGH, within the scope of that permission and consent 15. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or near its intersection with Eastern Parkway, County of Kings, State of NY, the defendant, JOSEPH SABIANO owned a motor vehicle bearing Registration # LFS9749 NY State came into contact with a motor vehicle bearing Registration # 3405644 PA State, while Plaintiff was a lawfully seated passenger. 16. That on or about November 25, 2023 on a public highway called Atlantic Avenue at or near its intersection with Eastern Parkway, County of Kings, State of NY, the defendant, JOSEPH 5 of 9 FILED: KINGS COUNTY CLERK 06/14/2024 10:04 AM INDEX NO. 516500/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 SABIANO controlled, operated, driven a motor vehicle bearing Registration # LFS9749 NY state came into contact with a motor vehicle bearing Registration # 3505644 PA State, while Plaintiff was a lawfully seated passenger. 17. At all relevant times, it was the duty of defendants, to keep and maintain said motor vehicles in a reasonable state of repair and in good and safe condition, and not to suffer and permit said motor vehicle become dangerous to plaintiff. 18. That the liability of defendants arise from the use, operation or ownership of a motor vehicle within the meaning of CPLR §1602; a non-delegable duty; the doctrine of respondeat superior; and reckless disregard of defendants for the safety of others within the meaning of CPLR §1602; and accordingly to the extent that limited liability would impair, modify, abrogate or restrict the right of plaintiff as against said defendants, defendants are not entitled to invoke the limited liability provisions of Article 16 of the CPLR and to the extent, if any, that any defendants in this action contend that any of the employers of plaintiff bears any culpability: with respect to the injuries of plaintiff, the benefits of CPLR § 1602 are claimed by plaintiffs. 19. That the defendants, their agents, servants and/or employees acted with reckless disregard for the well-being of the plaintiff, were negligent, careless, willful and wanton in ownership, control, maintenance and operation their vehicle at a rapid and excessive rate of speed under the circumstances then existing; in failing to obey traffic signals; in operating their vehicle with ineffectual brakes, appliances and other devices; in failing to have their vehicle under proper control; in causing and permitting their vehicle to collide with and strike plaintiff’s vehicle, and/or plaintiff, and/or vehicle in which plaintiff was seated; in failing to give any notice or warning of their vehicle's approach; in failing to exercise that degree of care required of a prudent person operating a motor vehicle on a public highway; in failing to give plaintiff's vehicle or each other the 6 of 9 FILED: KINGS COUNTY CLERK 06/14/2024 10:04 AM INDEX NO. 516500/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 right of way; in failing to keep a proper look out; in operating a motor vehicle violation of the statutes, ordinances, rules and regulations made and provided therefore including but not limited to violation of New York State Vehicle and Traffic Law Sections 116, 375, 600, 1100, 1101, 1110, 1111, 1112, 1113, 1120, 1127, 1128, 1129, 1141, 1142, 1143, 1146, 1151, 1160, 1163, 1172, 1180, 1180(e), and 1213; being liable under the doctrine of res ipsa loquitor, and, in otherwise causing the damages sustained by plaintiff; all in violation of the statutes, ordinances, rules and regulations made and provided therefore. 20. That this action falls within one or more of the exceptions set forth in CPLR 1602. 21. That plaintiff sustained serious injuries and economic loss greater than basic economic loss as defined by §5104 of the Insurance Law of the State of New York. 22. Solely as a result of the defendants’ negligence, willful, wanton and gross negligence as aforesaid, plaintiff has sustained a serious personal injury and/or impairment which resulted in dismemberment; significant disfigurement; fracture; permanent loss of a body organ, or member; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; loss of normal pursuits and pleasures of life; and/or a medically determined injury or impairment which prevents plaintiff from performing substantially all of the material acts which constituted plaintiff's usual and customary activities for such period of time all as specified by Section 5102 of the Insurance Law, Subsection (d); in all to their damages both compensatory and exemplary in an amount, which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction and which warrants the jurisdiction of this Court. 23. That the liability of defendants arise from the use, operation or ownership of a motor vehicle within the meaning of CPLR §1602; a non-delegable duty; the doctrine of respondeat superior; and reckless disregard of defendants for the safety of others within the 7 of 9 FILED: KINGS COUNTY CLERK 06/14/2024 10:04 AM INDEX NO. 516500/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 meaning of CPLR §1602; and accordingly to the extent that limited liability would impair, modify, abrogate or restrict the right of plaintiff as against said defendants, defendants are not entitled to invoke the limited liability provisions of Article 16 of the CPLR and to the extent, if any, that any defendants in this action contend that any of the employers of plaintiff bears any culpability: with respect to the injuries of plaintiff, the benefits of CPLR § 1602 are claimed by plaintiff. WHEREFORE, the plaintiff demands judgment both compensatory and exemplary against the defendant in the Cause of action in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction and which warrants the jurisdiction of this Court, together with the costs and disbursements of the cause of action. Yours, etc. /S/Alexander Roytblat Alexander Roytblat, Esq. Attorneys for Plaintiffs 98 Cuttermill Road, Suite 479 North, Great Neck, NY 11021 8 of 9 FILED: KINGS COUNTY CLERK 06/14/2024 10:04 AM INDEX NO. 516500/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 VERIFICATION STATE OF NEW YORK) COUNTY OF NASSAU) The undersigned, an attorney admitted to practice in the Courts of the State of New York, states that affirmant is a member of the firm of ROYTBLAT LAW GROUP, PLLC, the attorneys for the plaintiffs, DAVID JOSEPH that affirmant has read the foregoing SUMMONS AND COMPLAINT and knows the contents thereof, and that same is true to the affirmant’s knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters affirmant believes to be true. That reason this verification is made by affirmant and not by the plaintiffs, is that resides outside of the county where the affirmant’s office is located. The source of affirmant’s knowledge and the grounds of belief as to those matters therein stated to be alleged on information and belief are correspondence and investigations which have been made concerning the subject matter in this action, and which are in possession of the said attorneys. The undersigned affirms that foregoing statements are true, under the penalties of perjury. DATE: Great Neck, New York June 13, 2024 /S/Alexander Roytblat________ ALEXANDER ROYTBLAT, ESQ. 9 of 9