Preview
FILED: SULLIVAN COUNTY CLERK 06/14/2024 12:43 PM INDEX NO. E2024-985
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
COURTOFTHE STATEOFNEW
SUPREME YORK
COUNTY
OFSULLIVAN
--------..-----------..----------------X
AARONBUSCH '
Index # E2024-985
06/14/2024
Plaintiff,
Plaintiff designates
-against- Sullivan County
as place of trial
The basis of venue is
Situs of Accident
SUMMONS
OSWALDO
RAMIREZ, Plaintiff resides at
8093 State Route 209
Ellenville, NY 12428
Defendant.
To the above named Defendants:
YOUAREHEREBY
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 Plaintiffs Attorneys 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 summon 's
not personally delivered to you within the State of New York); and in cas your f re t
appear or answer, judgment will be taken against you by default for th rel ef de ed the
complaint.
Dated: County of Sullivan
June 10, 2024
JO VJ
Attorn f r Pl 1 iff
17 No at treet
Libe , ew ork 12754
(845) 5-4 0
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To: OSWALDO
RAMIREZ
Defendant Pro Se
16 Pelton Street
Monticello, New York 12701
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SUPREMECOURTOFTHESTATEOF NEWYORK
COUNTYOF SULLIVAN
X
AARONBUSCH,
VERIFIED
Plaintiff, COMPLAINT
Index # E2024-985
-against-
OSWALDO
RAMIREZ,
Defendant,
X
Plaintiff, by his attomey, complaining of the defendants OSWALDO
RAMIREZalleges
upon information and belief as follows:
1. That at all times hereinafter mentioned plaintiff AARONBUSCHwas and is a
resident of the County of Ulster, State of NewYork.
2. That at all times hereinafter mentioned plaintiff AARONBUSCHowned a certain
motor vehicle bearing NewYork State license plate number KDR8464.
3. That at all times hereinafter mentioned, defendant OSWALDO
RAMIREZwas
and is a resident of the County of Sullivan, State of NewYork.
4. That at all times hereinafter mentioned, defendant OSWALDO
RAMIREZowned
a certain motor vehicle bearing NewYork State license plate number KK4833.
5. That at all times hereinafter mentioned, defendant OSWALDO
RAMIREZ
inspected a certain motor vehicle bearing NewYork State license plate number KK4833.
6. That at all times hereinalter mentioned, defendant OSWALDO
RAMIREZ
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maintained a certain motor vehicle bearing NewYork State license plate number KK4833.
7. That at all times hereinafter mentioned, defendant OSWALDO
RAMIREZ
controlled a certain motor vehicle bearing NewYork State license plate number KK4833.
8. That at all times hereinafter mentioned, defendant OSWALDO
RAMIREZ
operated the motor vehicle bearing NewYork State license plate number KK4833.
9. That at all times hereinafter mentioned, State Route 17, One Thousand and Fifty
Six (1056) feet East of Exit 113 was and is a public thoroughfare in the Town of Mamakating,
County of Sullivan, in the State of NewYork.
10. That on or about February 13, 2024, the vehicle owned and operated by plaintiff
AARONBUSCH,and the vehicle owned and operated by defendant OSWALDO
RAMIREZ
were in contact on State Route 17, One Thousand and Fifty Six (1056) feet East of Exit 113 in
the Town of Mamakating, County of Sullivan, in the State of NewYork.
11. That the foregoing occurrence was caused solely and wholly as a result of the
negligence of the defendants, their agents, servants, and employees, without any negligence on
the part of the plaintiff contributing thereto.
12. That the limitations set forth in CPLRSection 1601 do not apply by reason of one
or more of the exceptions of CPLRSection 1602.
13. That as a result of the foregoing, plaintiff AARONBUSCHsuffered a serious
injury as defined in Section 5102(d) of the Insurance Law of the State of NewYork.
14. That as a result of the foregoing, plaintiff AARON
BUSCHis entitled to recover
for non-economic loss and for economic losses as are not included within the definition of basic
economic loss as set forth in Section 5102(a) of the Insurance Law of the State of New York.
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15. That as a result of the foregoing, plaintiff AARON
BUSCHsustained serious,
severe and permanent personal injuries and was rendered sick, sore, lame, and disabled; plaintiff
AARONBUSCHwas caused to suffer great pain, discomfort, and disability and, upon
information and belief, will continue to suffer pain, discomfort, and disability in the future;
plaintiff AARONBUSCHwas caused to undergo hospital and medical care, aid and attention,
undergo medical aid and
and upon information and belief, may continue to require to care,
attention for a long period of time to come in the future; plaintiff was obliged to expend and
incur large sums of monies for medical care, aid and attention and, upon information and belief,
will continue to be obliged to expend and incur large sums of monies for future medical care, aid
and attention; plaintiff AARONBUSCHwas caused to become incapacitated from his usual
vocation and avocation, and upon information and belief, may continue to be caused to remain
away from his usual vocation and avocation for a long period of time to come in the future,
16. That as a result of the foregoing plaintiff demandsjudgment against the
defendants in an amount exceeding the monetary jurisdictional limits of all lower Courts.
WHEREFORE,
plaintiffs demandjudgment against the defendants in an amount that
exceeding the monetary jurisdictional limits of all lower Courts, together with the costs and
disbursements of this action, and any other further relief this Court may e m '
st a proper.
Dated: Sullivan County, NewYork
June 10, 2024
JOHRV. SAS
Attorney or laintiff
17 North Street
Liberty, e York 12754
(845) 29 -4550
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VERIFICATION
JOHNV. JANUSAS, the undersigned, an attorney admitted to practice in the Courts of
I,
NewYork State, state under penalty of pedury that I amthe attomey for the plaintiff in the
within action.
I have read the foregoing Complaint and know the contents thereof; the same is true to
my own knowledge, except as to the matters I believe to be true.
The grounds of my belief as to all matters not stated upon my own knowledge are
conversations with the plaintiff, the materials in my file and the investigation conducted by my
office.
I make this verification in lieu of the plaintiff based on the fact that I maintain my office
in Sullivan County, which is a county other than where the plainti sides.
Dated: County of Sullivan
June 12, 2024
JO VJ SAS
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COURTOFTHESTATEOFNEWYORK
SUPREME
SULLIVANCOUNTY
AARONBUSCH '
Index # E2024-985
Plaintiff,
-against-
OSWALDO
RAMIREZ,
Defendants.
Summonsand Complaint
JOHNV JANUSAS
Attorney for Plaintiff
17 North Main Street
Liberty, New York 12754
(845) 295-4550
to 22 NYCRR130-1.1, the undersigned, an attorney admitted to practice
'
Pursuant courts o ew York
'
State, certifies that, upon infounation and belief and reasonable inquiry, the co as co in the annexed
document are not frivolous.
John V. Janusas, Esq.
JO . J SAS
A orn t Law
17 No ain Street
Libe , ew York 12754
(845 2 5-4550
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FILED: SULLIVAN COUNTY CLERK 06/14/2024 12:43 PM INDEX NO. E2024-985 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 COURTOFTHE STATEOFNEW SUPREME YORK COUNTY OFSULLIVAN --------..-----------..----------------X AARONBUSCH ' Index # E2024-985 06/14/2024 Plaintiff, Plaintiff designates -against- Sullivan County as place of trial The basis of venue is Situs of Accident SUMMONS OSWALDO RAMIREZ, Plaintiff resides at 8093 State Route 209 Ellenville, NY 12428 Defendant. To the above named Defendants: YOUAREHEREBY 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 Plaintiffs Attorneys 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 summon 's not personally delivered to you within the State of New York); and in cas your f re t appear or answer, judgment will be taken against you by default for th rel ef de ed the complaint. Dated: County of Sullivan June 10, 2024 JO VJ Attorn f r Pl 1 iff 17 No at treet Libe , ew ork 12754 (845) 5-4 0 1 1 of 7 FILED: SULLIVAN COUNTY CLERK 06/14/2024 12:43 PM INDEX NO. E2024-985 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 To: OSWALDO RAMIREZ Defendant Pro Se 16 Pelton Street Monticello, New York 12701 2 2 of 7 FILED: SULLIVAN COUNTY CLERK 06/14/2024 12:43 PM INDEX NO. E2024-985 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 SUPREMECOURTOFTHESTATEOF NEWYORK COUNTYOF SULLIVAN X AARONBUSCH, VERIFIED Plaintiff, COMPLAINT Index # E2024-985 -against- OSWALDO RAMIREZ, Defendant, X Plaintiff, by his attomey, complaining of the defendants OSWALDO RAMIREZalleges upon information and belief as follows: 1. That at all times hereinafter mentioned plaintiff AARONBUSCHwas and is a resident of the County of Ulster, State of NewYork. 2. That at all times hereinafter mentioned plaintiff AARONBUSCHowned a certain motor vehicle bearing NewYork State license plate number KDR8464. 3. That at all times hereinafter mentioned, defendant OSWALDO RAMIREZwas and is a resident of the County of Sullivan, State of NewYork. 4. That at all times hereinafter mentioned, defendant OSWALDO RAMIREZowned a certain motor vehicle bearing NewYork State license plate number KK4833. 5. That at all times hereinafter mentioned, defendant OSWALDO RAMIREZ inspected a certain motor vehicle bearing NewYork State license plate number KK4833. 6. That at all times hereinalter mentioned, defendant OSWALDO RAMIREZ 3 3 of 7 FILED: SULLIVAN COUNTY CLERK 06/14/2024 12:43 PM INDEX NO. E2024-985 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 maintained a certain motor vehicle bearing NewYork State license plate number KK4833. 7. That at all times hereinafter mentioned, defendant OSWALDO RAMIREZ controlled a certain motor vehicle bearing NewYork State license plate number KK4833. 8. That at all times hereinafter mentioned, defendant OSWALDO RAMIREZ operated the motor vehicle bearing NewYork State license plate number KK4833. 9. That at all times hereinafter mentioned, State Route 17, One Thousand and Fifty Six (1056) feet East of Exit 113 was and is a public thoroughfare in the Town of Mamakating, County of Sullivan, in the State of NewYork. 10. That on or about February 13, 2024, the vehicle owned and operated by plaintiff AARONBUSCH,and the vehicle owned and operated by defendant OSWALDO RAMIREZ were in contact on State Route 17, One Thousand and Fifty Six (1056) feet East of Exit 113 in the Town of Mamakating, County of Sullivan, in the State of NewYork. 11. That the foregoing occurrence was caused solely and wholly as a result of the negligence of the defendants, their agents, servants, and employees, without any negligence on the part of the plaintiff contributing thereto. 12. That the limitations set forth in CPLRSection 1601 do not apply by reason of one or more of the exceptions of CPLRSection 1602. 13. That as a result of the foregoing, plaintiff AARONBUSCHsuffered a serious injury as defined in Section 5102(d) of the Insurance Law of the State of NewYork. 14. That as a result of the foregoing, plaintiff AARON BUSCHis entitled to recover for non-economic loss and for economic losses as are not included within the definition of basic economic loss as set forth in Section 5102(a) of the Insurance Law of the State of New York. 4 4 of 7 FILED: SULLIVAN COUNTY CLERK 06/14/2024 12:43 PM INDEX NO. E2024-985 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 15. That as a result of the foregoing, plaintiff AARON BUSCHsustained serious, severe and permanent personal injuries and was rendered sick, sore, lame, and disabled; plaintiff AARONBUSCHwas caused to suffer great pain, discomfort, and disability and, upon information and belief, will continue to suffer pain, discomfort, and disability in the future; plaintiff AARONBUSCHwas caused to undergo hospital and medical care, aid and attention, undergo medical aid and and upon information and belief, may continue to require to care, attention for a long period of time to come in the future; plaintiff was obliged to expend and incur large sums of monies for medical care, aid and attention and, upon information and belief, will continue to be obliged to expend and incur large sums of monies for future medical care, aid and attention; plaintiff AARONBUSCHwas caused to become incapacitated from his usual vocation and avocation, and upon information and belief, may continue to be caused to remain away from his usual vocation and avocation for a long period of time to come in the future, 16. That as a result of the foregoing plaintiff demandsjudgment against the defendants in an amount exceeding the monetary jurisdictional limits of all lower Courts. WHEREFORE, plaintiffs demandjudgment against the defendants in an amount that exceeding the monetary jurisdictional limits of all lower Courts, together with the costs and disbursements of this action, and any other further relief this Court may e m ' st a proper. Dated: Sullivan County, NewYork June 10, 2024 JOHRV. SAS Attorney or laintiff 17 North Street Liberty, e York 12754 (845) 29 -4550 5 5 of 7 FILED: SULLIVAN COUNTY CLERK 06/14/2024 12:43 PM INDEX NO. E2024-985 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 VERIFICATION JOHNV. JANUSAS, the undersigned, an attorney admitted to practice in the Courts of I, NewYork State, state under penalty of pedury that I amthe attomey for the plaintiff in the within action. I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge, except as to the matters I believe to be true. The grounds of my belief as to all matters not stated upon my own knowledge are conversations with the plaintiff, the materials in my file and the investigation conducted by my office. I make this verification in lieu of the plaintiff based on the fact that I maintain my office in Sullivan County, which is a county other than where the plainti sides. Dated: County of Sullivan June 12, 2024 JO VJ SAS 6 6 of 7 FILED: SULLIVAN COUNTY CLERK 06/14/2024 12:43 PM INDEX NO. E2024-985 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 COURTOFTHESTATEOFNEWYORK SUPREME SULLIVANCOUNTY AARONBUSCH ' Index # E2024-985 Plaintiff, -against- OSWALDO RAMIREZ, Defendants. Summonsand Complaint JOHNV JANUSAS Attorney for Plaintiff 17 North Main Street Liberty, New York 12754 (845) 295-4550 to 22 NYCRR130-1.1, the undersigned, an attorney admitted to practice ' Pursuant courts o ew York ' State, certifies that, upon infounation and belief and reasonable inquiry, the co as co in the annexed document are not frivolous. John V. Janusas, Esq. JO . J SAS A orn t Law 17 No ain Street Libe , ew York 12754 (845 2 5-4550 7 of 7