Preview
FILED: SUFFOLK COUNTY CLERK 06/13/2024 03:49 PM INDEX NO. 614634/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFSUFFOLK
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KYLE WMORRISON, Summons
Plaintiff(s)
-against-
WANJ AMADORARGUETA,
Defendant(s)
__________________________________________________--____________Ç
The place of trial is designated in the caption of this matter. The basis of venue is:
The County where the Plaintiff(s) Reside
To the above namedDefendant(s)
YOUAREHEREBYSUMMONED
to answer the complaint in this action and to serve a copy of your
answer, or, complaint
if the is not served with this summons, to serve a notice of appearance, on the Plaintiffs
Attorney within 20 days after the service of this summons, exclusive of the date of service (or within 30 days
after the service is complete if this summonsis not personally delivered to you within the State of NewYork);
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: Woodbury, NewYork
Thursday, June 13 2024
Yours, etc., / )
Glen Faber
Faber & Troy, Esqs.
Attorneys for Plaintiff(s)
180 Froehlich FarmBoulevard
Woodbury, NewYork 11797
To:
(516) 677-9660
JUANJ AMADORARGUETA
56 Bradley Street, Brentwood, NY11717
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SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFSUFFOLK
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KYLE WMORRISON,
Plaintiff(s), VERIFIED
COMPLAINT
-against-
JUANJ AMADORARGUETA,
Defendant(s).
__________________________________________________________________________Ç
Plaintiff, complaining of the defendant(s), by his attorneys, Faber & Troy, Esqs, respectfully
shows to the court and allege as follows:
1. At all times hereinafter mentioned, the plaintiff KYLEWMORRISON
was, and
still is, a resident of the County of Suffolk and State of NewYork.
2. Upon information and belief, at all times hereinafter mentioned, defendant JUAN
J AMADORARGUETA,
was, and still is, a resident of the County of Suffolk, State of New
York.
3. Upon information and belief, at all times hereinafter mentioned, defendant JUAN
J AMADORARGUETA
was, and still is, a resident of the County of Suffolk, State of NewYork.
4. On information and belief, at all times relevant, defendant JUANJ
AMADORARGUETA,
was the title holder of a motor vehicle bearing NewYork license plate No.
"TNP6850".
5. On information and belief, at all times relevant, defendant JUANJ
AMADORARGUETA,
was the lessor of a motor vehicle bearing NewYork license plate No.
"TNP6850".
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6. Oninformation and belief, at all times relevant, defendant JUANJ
AMADORARGUETA,
was the lessee of a motor vehicle bearing NewYork license plate No.
"TNP6850".
7. On information and belief, at all times relevant, defendant JUANJ
AMADORARGUETA,
was the registrant of a motor vehicle bearing NewYork license plate No.
"TNP6850".
8. Upon information and belief, at all times relevant, defendant JUANJ
AMADORARGUETA,
was the operator of the aforementioned motor vehicle.
9. Upon information and belief, at all times relevant, defendant JUANJ
AMADORARGUETA,
operated the aforementioned motor vehicle with the knowledge, consent
and permission of its owner.
10. Upon information and belief, at all times relevant, defendant JUANJ
AMADORARGUETA,
operated the aforementioned motor vehicle within the course of their
employment.
11. At all times hereinafter mentioned Nicholls Road, at, or near its intersection with
Hastings Dr., Town of Brookhaven, State of New York, was and still is a Public Highway open
to use by motor vehicles.
12. On or about the 29 1
day of October, 2023 at approximately 11:55am, at the above
location, plaintiff KYLEWMORRISONwas an operator of a motor vehicle.
13. At the above time and place the vehicle occupied by plaintiff KYLEW
MORRISONwas struck by defendant's vehicle.
14. The foregoing occurred by reason of the carelessness, negligence and recklessness
of the defendant(s), and/or their agents, servants and/or employees, in the operation and control
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of their motor vehicle at the time and place aforementioned, in that defendant(s) operated said
motor vehicle in reckless disregard for the safety and welfare of others lawfully in the area; did
not operate their motor vehicle in a reasonable and careful manner under the circumstances; in
that defendant(s) failed to keep a proper lookout; failed to pay attention; failed to give the
plaintiff(s) any warning of the impending occurrence; in that defendant(s) failed to take
cognizance of the character of the roadway; in that defendant(s) failed to respond to the
conditions existing at the time and place of the occurrence; failed to properly stop said vehicle;
failed to properly maintain said vehicle; failed to yield the right of way; failed to brake said
vehicle properly; in that defendant(s) had unsafe equipment; failed to obey traffic control
devices; turned improperly, failed to properly hire, train, supervisor and/or instruct their agents,
servants and/or employees; and that defendant(s) was/were otherwise negligent, careless and
reckless in the instance.
15. Upon information and belief at all times hereinafter mentioned, defendant(s)
was/were further negligent in that they violated statutory laws governing the use of motor
vehicles on the public highways.
16. That by reason of the aforementioned collision, plaintiff KYLE WMORRISON
has
sustained a serious injury as defined by section 5102 of the Insurance Law of the State of New
York.
17. That by reason of the foregoing, plaintiff KYLE WMORRISONhas sustained
monetary damages greater than basic economic loss as defined by the Insurance law of the State of
NewYork.
persons"
18. Upon information and belief, the plaintiff and the defendant(s) are "covered
as defined by section 5102 of the Insurance Law of the State NewYork.
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19. The injuries to the plaintiff were caused solely by the actions of the defendant(s).
20. Article 16 limitations on liability are not applicable to this incident.
21. That since the acts complained of herein occurred, plaintiff KYLE WMORRISON
became sick, sore, lame and disabled and will be so sick, sore, lame and disabled for some
time to come; was confmed to hospital, bed and home; was obliged to and necessarily did engage
and procure medical aid and attention in an endeavor to cure themself of their hurts and wounds
and did necessarily pay and become liable therefore; that by reason of the said injuries plaintiff
KYLE WMORRISON,
has been and will be unable to attend to their usual affairs and duties and
plaintiff, KYLE WMORRISON,
has lost and will lose diverse sums of money thereby and
plaintiff KYLE WMORRISONhas been otherwise damaged, said damages in the amount in
excess of the jurisdictional limits of the lower Courts.
WHEREFORE,
the plaintiff demandsjudgment against the defendant(s) in an amount in
excess of the jurisdictional limits of the lower Courts, together with the costs and disbursements of
this action.
Dated: Woodbury, NewYork
June 13, 2024
Yours, etc.
Gle Faber
Faber & Troy, Esqs.
Attorneys for Plaintiff
180 Froehlich Farm Blvd.
Woodbury, NY 11797
(516) 677-9660
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ATTORNEYSAFFIRMATION
The undersigned, an attorney duly admitted to practice in the courts of the State of New
York, hereby affirms the following under the penalties of perjury, that the affiant is a(n)
member of
Faber & Troy, Esqs.
attorney(s) of record for the plaintiff(s) in the within action; that the affiant has read the
foregoing
Complaint
and know the contents and the same is true to my knowledge, except as to the
thereof;
matters therein stated be alleged upon information
to and belief, and as to those matters I
believe it to be true. Affiant further says that the reason this affirmation is made by affiant
and not by the plaintiff(s), is that the plaintiff(s) are outside the County where our office is
maintained.
The grounds of my belief as to all matters not stated upon my own knowledge are as
follows:
Statements of the plaintiff(s), contents of file, books and records
Dated: Woodbury, New York
Thursday, June 13, 2024
Glen Faber
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FILED: SUFFOLK COUNTY CLERK 06/13/2024 03:49 PM INDEX NO. 614634/2024
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SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFSUFFOLK
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KYLE WMORRISON,
Plaintiff(s)
-against-
JUANJ AMADORARGUETA,
Defendant(s)
________________________________________________________________Ç
Summonsand Verified Complaint
FABER& TROY, ESQS.
Attorneys for Plaintiff(s)
Farm Boulevard
180 Froehlich
Woodbury, NewYork 11797
(516) 677-9660
7 of 7
Preview
FILED: SUFFOLK COUNTY CLERK 06/13/2024 03:49 PM INDEX NO. 614634/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFSUFFOLK ----------------------------------------------------------------x Index No.: KYLE WMORRISON, Summons Plaintiff(s) -against- WANJ AMADORARGUETA, Defendant(s) __________________________________________________--____________Ç The place of trial is designated in the caption of this matter. The basis of venue is: The County where the Plaintiff(s) Reside To the above namedDefendant(s) YOUAREHEREBYSUMMONED to answer the complaint in this action and to serve a copy of your answer, or, complaint if the is not served with this summons, to serve a notice of appearance, on the Plaintiffs Attorney within 20 days after the service of this summons, exclusive of the date of service (or within 30 days after the service is complete if this summonsis not personally delivered to you within the State of NewYork); 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: Woodbury, NewYork Thursday, June 13 2024 Yours, etc., / ) Glen Faber Faber & Troy, Esqs. Attorneys for Plaintiff(s) 180 Froehlich FarmBoulevard Woodbury, NewYork 11797 To: (516) 677-9660 JUANJ AMADORARGUETA 56 Bradley Street, Brentwood, NY11717 1 of 7 FILED: SUFFOLK COUNTY CLERK 06/13/2024 03:49 PM INDEX NO. 614634/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFSUFFOLK --------------------------------------------------------------------------x Index No.: KYLE WMORRISON, Plaintiff(s), VERIFIED COMPLAINT -against- JUANJ AMADORARGUETA, Defendant(s). __________________________________________________________________________Ç Plaintiff, complaining of the defendant(s), by his attorneys, Faber & Troy, Esqs, respectfully shows to the court and allege as follows: 1. At all times hereinafter mentioned, the plaintiff KYLEWMORRISON was, and still is, a resident of the County of Suffolk and State of NewYork. 2. Upon information and belief, at all times hereinafter mentioned, defendant JUAN J AMADORARGUETA, was, and still is, a resident of the County of Suffolk, State of New York. 3. Upon information and belief, at all times hereinafter mentioned, defendant JUAN J AMADORARGUETA was, and still is, a resident of the County of Suffolk, State of NewYork. 4. On information and belief, at all times relevant, defendant JUANJ AMADORARGUETA, was the title holder of a motor vehicle bearing NewYork license plate No. "TNP6850". 5. On information and belief, at all times relevant, defendant JUANJ AMADORARGUETA, was the lessor of a motor vehicle bearing NewYork license plate No. "TNP6850". 2 of 7 FILED: SUFFOLK COUNTY CLERK 06/13/2024 03:49 PM INDEX NO. 614634/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 6. Oninformation and belief, at all times relevant, defendant JUANJ AMADORARGUETA, was the lessee of a motor vehicle bearing NewYork license plate No. "TNP6850". 7. On information and belief, at all times relevant, defendant JUANJ AMADORARGUETA, was the registrant of a motor vehicle bearing NewYork license plate No. "TNP6850". 8. Upon information and belief, at all times relevant, defendant JUANJ AMADORARGUETA, was the operator of the aforementioned motor vehicle. 9. Upon information and belief, at all times relevant, defendant JUANJ AMADORARGUETA, operated the aforementioned motor vehicle with the knowledge, consent and permission of its owner. 10. Upon information and belief, at all times relevant, defendant JUANJ AMADORARGUETA, operated the aforementioned motor vehicle within the course of their employment. 11. At all times hereinafter mentioned Nicholls Road, at, or near its intersection with Hastings Dr., Town of Brookhaven, State of New York, was and still is a Public Highway open to use by motor vehicles. 12. On or about the 29 1 day of October, 2023 at approximately 11:55am, at the above location, plaintiff KYLEWMORRISONwas an operator of a motor vehicle. 13. At the above time and place the vehicle occupied by plaintiff KYLEW MORRISONwas struck by defendant's vehicle. 14. The foregoing occurred by reason of the carelessness, negligence and recklessness of the defendant(s), and/or their agents, servants and/or employees, in the operation and control 3 of 7 FILED: SUFFOLK COUNTY CLERK 06/13/2024 03:49 PM INDEX NO. 614634/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 of their motor vehicle at the time and place aforementioned, in that defendant(s) operated said motor vehicle in reckless disregard for the safety and welfare of others lawfully in the area; did not operate their motor vehicle in a reasonable and careful manner under the circumstances; in that defendant(s) failed to keep a proper lookout; failed to pay attention; failed to give the plaintiff(s) any warning of the impending occurrence; in that defendant(s) failed to take cognizance of the character of the roadway; in that defendant(s) failed to respond to the conditions existing at the time and place of the occurrence; failed to properly stop said vehicle; failed to properly maintain said vehicle; failed to yield the right of way; failed to brake said vehicle properly; in that defendant(s) had unsafe equipment; failed to obey traffic control devices; turned improperly, failed to properly hire, train, supervisor and/or instruct their agents, servants and/or employees; and that defendant(s) was/were otherwise negligent, careless and reckless in the instance. 15. Upon information and belief at all times hereinafter mentioned, defendant(s) was/were further negligent in that they violated statutory laws governing the use of motor vehicles on the public highways. 16. That by reason of the aforementioned collision, plaintiff KYLE WMORRISON has sustained a serious injury as defined by section 5102 of the Insurance Law of the State of New York. 17. That by reason of the foregoing, plaintiff KYLE WMORRISONhas sustained monetary damages greater than basic economic loss as defined by the Insurance law of the State of NewYork. persons" 18. Upon information and belief, the plaintiff and the defendant(s) are "covered as defined by section 5102 of the Insurance Law of the State NewYork. 4 of 7 FILED: SUFFOLK COUNTY CLERK 06/13/2024 03:49 PM INDEX NO. 614634/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 19. The injuries to the plaintiff were caused solely by the actions of the defendant(s). 20. Article 16 limitations on liability are not applicable to this incident. 21. That since the acts complained of herein occurred, plaintiff KYLE WMORRISON became sick, sore, lame and disabled and will be so sick, sore, lame and disabled for some time to come; was confmed to hospital, bed and home; was obliged to and necessarily did engage and procure medical aid and attention in an endeavor to cure themself of their hurts and wounds and did necessarily pay and become liable therefore; that by reason of the said injuries plaintiff KYLE WMORRISON, has been and will be unable to attend to their usual affairs and duties and plaintiff, KYLE WMORRISON, has lost and will lose diverse sums of money thereby and plaintiff KYLE WMORRISONhas been otherwise damaged, said damages in the amount in excess of the jurisdictional limits of the lower Courts. WHEREFORE, the plaintiff demandsjudgment against the defendant(s) in an amount in excess of the jurisdictional limits of the lower Courts, together with the costs and disbursements of this action. Dated: Woodbury, NewYork June 13, 2024 Yours, etc. Gle Faber Faber & Troy, Esqs. Attorneys for Plaintiff 180 Froehlich Farm Blvd. Woodbury, NY 11797 (516) 677-9660 5 of 7 FILED: SUFFOLK COUNTY CLERK 06/13/2024 03:49 PM INDEX NO. 614634/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 ATTORNEYSAFFIRMATION The undersigned, an attorney duly admitted to practice in the courts of the State of New York, hereby affirms the following under the penalties of perjury, that the affiant is a(n) member of Faber & Troy, Esqs. attorney(s) of record for the plaintiff(s) in the within action; that the affiant has read the foregoing Complaint and know the contents and the same is true to my knowledge, except as to the thereof; matters therein stated be alleged upon information to and belief, and as to those matters I believe it to be true. Affiant further says that the reason this affirmation is made by affiant and not by the plaintiff(s), is that the plaintiff(s) are outside the County where our office is maintained. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: Statements of the plaintiff(s), contents of file, books and records Dated: Woodbury, New York Thursday, June 13, 2024 Glen Faber 6 of 7 FILED: SUFFOLK COUNTY CLERK 06/13/2024 03:49 PM INDEX NO. 614634/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFSUFFOLK ----------------------------------------------------------------x Index No.: KYLE WMORRISON, Plaintiff(s) -against- JUANJ AMADORARGUETA, Defendant(s) ________________________________________________________________Ç Summonsand Verified Complaint FABER& TROY, ESQS. Attorneys for Plaintiff(s) Farm Boulevard 180 Froehlich Woodbury, NewYork 11797 (516) 677-9660 7 of 7