Preview
FILED: SUFFOLK COUNTY CLERK 06/13/2024 10:35 AM INDEX NO. 614556/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
SUPREMECOURTOFTHE STATE OFNEWYORK
COUNTYOFSUFFOLK
___________________________..______..___________________________________....x
SUMMONS
SANDRAMCLAROS,
Index No.:
Plaintiff(s),
-against- Date filed:
ANDREH MAURICE,
Defendant(s).
______________________....___________________________________________..----X
TOTHEABOVE-NAMED
DEFENDANT(s):
YOUAREHEREBYSUMMONED
to appear in this action by serving a notice of
appearance on plaintiff's attorneys 20 days after service of this summons, exclusive of the
within
day of service, or within 30 days after is complete if this summons is not personally
service
delivered to you within the State of New York. In case of your failure to answer, Judgment will
be taken against you by default for the relief demanded in the Complaint.
The basis of venue is plaintiff residence.
Plaintiff resides in the County of Suffolk, State of New York.
Dated: Queens, NewYork
June 10, 2024
Yours, etc.,
J CQUELINEE. MCINTOSH,ESQ.
SCOTTBARON & ASSOCIATES,P.C.
Attorney For Plaintiff(s)
159-45 Cross Bay Boulevard
Howard Beach, New York 11414
(718) 738-9800
File No.: 24-16512
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SUPREMECOURTOFTHE STATE OF NEWYORK
COUNTYOF SUFFOLK
-________________________________________________________-....._......_....-x
VERIFIED
SANDRAMCLAROS, COMPLAINT
Plaintiff(s), Index No.:
-against-
ANDREH MAURICE,
Defendant(s).
....._.....______________________________________________________________Ç
Plaintiff, by his attomey, SCOTTBARON
& ASSOCIATES, P.C., as and for a cause of
action, complaining of the defendants herein, respectfully show(s) to this Court and alleges upon
information and belief as follows:
1. That at all times hereinafter mentioned, the plaintiff was and still is a resident of
the County of Suffolk, City and State of NY.
2. That plaintiff SANDRACLAROShas sustained serious injury as defined in the
Insurance Law of the State of New York §5102(d) and said loss is greater than the economic loss
as defined in the Insurance Law of the State of NewYork §5102(a).
3. That this action falls within one or more of the exemptions set forth in CPLR
§1602.
4. That on February 2, 2024, and at all times hereinafter mentioned, defendant
ANDREH. MAURICEowned a motor vehicle bearing license plate number KGP5237, State of
New York.
5. That on February 2, 2024, and at all times hereinafter mentioned, defendant
ANDREH. MAURICEwas a lessor of a motor vehicle bearing license plate number KGP5237,
State of NewYork.
6. That on February 2, 2024, and at all times hereinafter mentioned, defendant
ANDREH. MAURICEwas a lessee of a motor vehicle bearing license plate number KGP5237,
State of New York.
7. That on February 2, 2024, and at all times hereinafter mentioned, defendant
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FILED: SUFFOLK COUNTY CLERK 06/13/2024 10:35 AM INDEX NO. 614556/2024
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ANDREH. MAURICEwas the registrant of a motor vehicle bearing license plate number
KGP5237, State of NewYork.
8. That on Februaiy 2, 2024, and at all times hereinafter mentioned, defendant
ANDREH. MAURICEoperated a motor vehicle bearing license plate number KGP5237, State
of New York.
9. That on February 2, 2024, and at all times hereinafter mentioned, defendant
ANDREH. MAURICEoperated said motor vehicle bearing license plate number KGP5237,
State of NewYork with permission and consent of its owner.
10. That on February 2, 2024, and at all times hereinafter mentioned, defendant
ANDREH. MAURICEoperated said motor vehicle bearing license plate number KGP5237,
State of NewYork within the scope of that permission and consent.
11. That on February 2, 2024, and at all times hereinafter mentioned, defendant
ANDREH. MAURICEoperated said motor vehicle bearing license plate number KGP5237,
State of NewYork within the scope of his/her employment.
12. That on February 2, 2024, on Brentwood Rd at or near Third Avenue, Town of
ISLIP, County of Suffolk, the defendant ANDREH. MAURICEnegligently drove a motor
vehicle bearing registration KGP5237, State of New York into the vehicle in which plaintiff was
seated.
13. That on February 2, 2024, the above-mentioned motor vehicles came into contact
at the aforesaid public thoroughfares.
14. That the above stated occurrence and the results thereof were in no way due to
any negligence on the part of the plaintiff contributing thereto, but were caused by the joint,
defendants'
several and/or concurrent negligence of the defendants and/or said agents, servants,
employees and/or licensees in the ownership, operation, management, maintenance, repair and
control of their said motor vehicle; in operating same without due regard to the rights and safety
of the plaintiff; in failing to properly steer, guide, manage and control their said vehicle in failing
to inspect said motor vehicle; in operating same at a rate of speed greater than was reasonable
and proper at the time and place of the occurrence; in failing to apply the brakes or slow down or
stop in such a manner as would have prevented the occurrence; in failing to have made adequate
and timely observation of and response to conditions; in failing to observe signs and signals
prevailing at the time and place of the occurrence; in failing to keep a proper look-out when
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FILED: SUFFOLK COUNTY CLERK 06/13/2024 10:35 AM INDEX NO. 614556/2024
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controlling their said vehicle; in failing to properly maintain their said vehicle according to law;
in failing to give adequate and timely signal, notice or warning; in operating their said motor
vehicle in violation of the traffic rules, regulations, statutes and ordinances in such cases made
and provided; and in being otherwise careless, reckless and negligent in the ownership,
maintenance, operation and control of their said motor vehicle.
15. That the aforesaid occurrence and its results thereof were in no way due to any
negligence or culpable conduct on the part of the plaintiff.
16. That because of the above-mentioned occurrence, plaintiff M
SANDRA
CLAROSwas caused to sustain serious personal injuries and to have suffered shock, pain and
mental anguish and, upon information and belief, all of plaintiff s injuries and their effects will
be permanent; and that as a result of said injuries plaintiff has been and will continue to be
obliged to incur expenses for medical care and attention; and plaintiff has been and will continue
to be rendered unable to perform plaintiffs normal activities and has sustained a resultant loss
therefrom.
17. That because of the above-mentioned occurrence, plaintiff M
SANDRA
CLAROSwas damaged.
WHEREFORE,
plaintiff SANDRAMCLAROSdemandsjudgment against the defendants
in an amount exceeding the jurisdictional limits of all lower Courts which would otherwise have
jurisdiction, together with the interest, costs and disbursements of this action.
Dated: Queens, New York
June 10, 2024
Yours, etc.
TACQUELINEE. MCINTOSH,ESQ.
SCOTTBARON& ASSOCIATES,P.C.
Attorney For Plaintiff(s)
159-45 Cross Bay Boulevard
Howard Beach, New York 11414
(718) 738-9800
File No.: 24-16512
4 of 6
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INDIVIDUAL VERIFICATION
STATE OF NEW YORK )
) SS:
COUNTY OF WESTCHESTER )
SANDRA CLAROS being duly sworn, deposes and says, that deponent is the plaintiff in the
within action; that deponent has read the foregoing VERIFIED COMPLAINT and knows the
contents hereof; that the same is true to deponent's own knowledge, except as to the matters therein
stated to be alleged upon information and belief, and that as to those matters deponent believes them
to be true.
___________________________________
SANDRA CLAROS
Sworn to before me this
10 day of June 2024
.
NOTARY PUBLIC
RAFAELA VILLAR
Public
Notary fortheState
ofNewYork
Qualified
inWestchester
County
MyCommission Expires
Apr.2,2027
5 of 6
Document Ref: G77FG-BTUNU-HZ56W-ETB7H Page 1 of 1
FILED: SUFFOLK COUNTY CLERK 06/13/2024 10:35 AM INDEX NO. 614556/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
File No.: 24-16512
Index No.:
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFSUFFOLK
SANDRAMCLAROS,
Plaintiff(s),
-against-
ANDREHMAURICE,
Defendant(s).
SUMMONS
WITH VERIFIED COMPLAINT
.YACQU LINE E. MCINTOSH,ESQ.
SCOTTBARON
& ASSOCIATES, P.C.
Attorney for Plaintiff(s)
159-45 Cross Bay Boulevard
Howard Beach, New York 11414
(718) 738-9800
6 of 6
Preview
FILED: SUFFOLK COUNTY CLERK 06/13/2024 10:35 AM INDEX NO. 614556/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREMECOURTOFTHE STATE OFNEWYORK COUNTYOFSUFFOLK ___________________________..______..___________________________________....x SUMMONS SANDRAMCLAROS, Index No.: Plaintiff(s), -against- Date filed: ANDREH MAURICE, Defendant(s). ______________________....___________________________________________..----X TOTHEABOVE-NAMED DEFENDANT(s): YOUAREHEREBYSUMMONED to appear in this action by serving a notice of appearance on plaintiff's attorneys 20 days after service of this summons, exclusive of the within day of service, or within 30 days after is complete if this summons is not personally service delivered to you within the State of New York. In case of your failure to answer, Judgment will be taken against you by default for the relief demanded in the Complaint. The basis of venue is plaintiff residence. Plaintiff resides in the County of Suffolk, State of New York. Dated: Queens, NewYork June 10, 2024 Yours, etc., J CQUELINEE. MCINTOSH,ESQ. SCOTTBARON & ASSOCIATES,P.C. Attorney For Plaintiff(s) 159-45 Cross Bay Boulevard Howard Beach, New York 11414 (718) 738-9800 File No.: 24-16512 1 of 6 FILED: SUFFOLK COUNTY CLERK 06/13/2024 10:35 AM INDEX NO. 614556/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREMECOURTOFTHE STATE OF NEWYORK COUNTYOF SUFFOLK -________________________________________________________-....._......_....-x VERIFIED SANDRAMCLAROS, COMPLAINT Plaintiff(s), Index No.: -against- ANDREH MAURICE, Defendant(s). ....._.....______________________________________________________________Ç Plaintiff, by his attomey, SCOTTBARON & ASSOCIATES, P.C., as and for a cause of action, complaining of the defendants herein, respectfully show(s) to this Court and alleges upon information and belief as follows: 1. That at all times hereinafter mentioned, the plaintiff was and still is a resident of the County of Suffolk, City and State of NY. 2. That plaintiff SANDRACLAROShas sustained serious injury as defined in the Insurance Law of the State of New York §5102(d) and said loss is greater than the economic loss as defined in the Insurance Law of the State of NewYork §5102(a). 3. That this action falls within one or more of the exemptions set forth in CPLR §1602. 4. That on February 2, 2024, and at all times hereinafter mentioned, defendant ANDREH. MAURICEowned a motor vehicle bearing license plate number KGP5237, State of New York. 5. That on February 2, 2024, and at all times hereinafter mentioned, defendant ANDREH. MAURICEwas a lessor of a motor vehicle bearing license plate number KGP5237, State of NewYork. 6. That on February 2, 2024, and at all times hereinafter mentioned, defendant ANDREH. MAURICEwas a lessee of a motor vehicle bearing license plate number KGP5237, State of New York. 7. That on February 2, 2024, and at all times hereinafter mentioned, defendant 2 of 6 FILED: SUFFOLK COUNTY CLERK 06/13/2024 10:35 AM INDEX NO. 614556/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 ANDREH. MAURICEwas the registrant of a motor vehicle bearing license plate number KGP5237, State of NewYork. 8. That on Februaiy 2, 2024, and at all times hereinafter mentioned, defendant ANDREH. MAURICEoperated a motor vehicle bearing license plate number KGP5237, State of New York. 9. That on February 2, 2024, and at all times hereinafter mentioned, defendant ANDREH. MAURICEoperated said motor vehicle bearing license plate number KGP5237, State of NewYork with permission and consent of its owner. 10. That on February 2, 2024, and at all times hereinafter mentioned, defendant ANDREH. MAURICEoperated said motor vehicle bearing license plate number KGP5237, State of NewYork within the scope of that permission and consent. 11. That on February 2, 2024, and at all times hereinafter mentioned, defendant ANDREH. MAURICEoperated said motor vehicle bearing license plate number KGP5237, State of NewYork within the scope of his/her employment. 12. That on February 2, 2024, on Brentwood Rd at or near Third Avenue, Town of ISLIP, County of Suffolk, the defendant ANDREH. MAURICEnegligently drove a motor vehicle bearing registration KGP5237, State of New York into the vehicle in which plaintiff was seated. 13. That on February 2, 2024, the above-mentioned motor vehicles came into contact at the aforesaid public thoroughfares. 14. That the above stated occurrence and the results thereof were in no way due to any negligence on the part of the plaintiff contributing thereto, but were caused by the joint, defendants' several and/or concurrent negligence of the defendants and/or said agents, servants, employees and/or licensees in the ownership, operation, management, maintenance, repair and control of their said motor vehicle; in operating same without due regard to the rights and safety of the plaintiff; in failing to properly steer, guide, manage and control their said vehicle in failing to inspect said motor vehicle; in operating same at a rate of speed greater than was reasonable and proper at the time and place of the occurrence; in failing to apply the brakes or slow down or stop in such a manner as would have prevented the occurrence; in failing to have made adequate and timely observation of and response to conditions; in failing to observe signs and signals prevailing at the time and place of the occurrence; in failing to keep a proper look-out when 3 of 6 FILED: SUFFOLK COUNTY CLERK 06/13/2024 10:35 AM INDEX NO. 614556/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 controlling their said vehicle; in failing to properly maintain their said vehicle according to law; in failing to give adequate and timely signal, notice or warning; in operating their said motor vehicle in violation of the traffic rules, regulations, statutes and ordinances in such cases made and provided; and in being otherwise careless, reckless and negligent in the ownership, maintenance, operation and control of their said motor vehicle. 15. That the aforesaid occurrence and its results thereof were in no way due to any negligence or culpable conduct on the part of the plaintiff. 16. That because of the above-mentioned occurrence, plaintiff M SANDRA CLAROSwas caused to sustain serious personal injuries and to have suffered shock, pain and mental anguish and, upon information and belief, all of plaintiff s injuries and their effects will be permanent; and that as a result of said injuries plaintiff has been and will continue to be obliged to incur expenses for medical care and attention; and plaintiff has been and will continue to be rendered unable to perform plaintiffs normal activities and has sustained a resultant loss therefrom. 17. That because of the above-mentioned occurrence, plaintiff M SANDRA CLAROSwas damaged. WHEREFORE, plaintiff SANDRAMCLAROSdemandsjudgment against the defendants in an amount exceeding the jurisdictional limits of all lower Courts which would otherwise have jurisdiction, together with the interest, costs and disbursements of this action. Dated: Queens, New York June 10, 2024 Yours, etc. TACQUELINEE. MCINTOSH,ESQ. SCOTTBARON& ASSOCIATES,P.C. Attorney For Plaintiff(s) 159-45 Cross Bay Boulevard Howard Beach, New York 11414 (718) 738-9800 File No.: 24-16512 4 of 6 FILED: SUFFOLK COUNTY CLERK 06/13/2024 10:35 AM INDEX NO. 614556/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 INDIVIDUAL VERIFICATION STATE OF NEW YORK ) ) SS: COUNTY OF WESTCHESTER ) SANDRA CLAROS being duly sworn, deposes and says, that deponent is the plaintiff in the within action; that deponent has read the foregoing VERIFIED COMPLAINT and knows the contents hereof; that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters deponent believes them to be true. ___________________________________ SANDRA CLAROS Sworn to before me this 10 day of June 2024 . NOTARY PUBLIC RAFAELA VILLAR Public Notary fortheState ofNewYork Qualified inWestchester County MyCommission Expires Apr.2,2027 5 of 6 Document Ref: G77FG-BTUNU-HZ56W-ETB7H Page 1 of 1 FILED: SUFFOLK COUNTY CLERK 06/13/2024 10:35 AM INDEX NO. 614556/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 File No.: 24-16512 Index No.: SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFSUFFOLK SANDRAMCLAROS, Plaintiff(s), -against- ANDREHMAURICE, Defendant(s). SUMMONS WITH VERIFIED COMPLAINT .YACQU LINE E. MCINTOSH,ESQ. SCOTTBARON & ASSOCIATES, P.C. Attorney for Plaintiff(s) 159-45 Cross Bay Boulevard Howard Beach, New York 11414 (718) 738-9800 6 of 6