Preview
FILED: WESTCHESTER COUNTY CLERK 06/14/2024 01:05 PM INDEX NO. 64094/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
SUPREMECOURTOFTHE STATE OFNEWYORK
COUNTYOFWESTCHESTER Index No.:
--------------------__--------------------------------..----------_____---------------------Ç
ARPHIASPENCER,
Plaintiff, Plaintiff designates
Bronx County
as the place of trial
The basis of the venue:
Plaintiff's Residence/
Place of Accident
-against-
SUMMONS
Plaintiff resides at:
103 Colin Street
Yonkers, NewYork
MARGUERITEM. MASON,
Defendant,
____-------____________-----________________________------____________Ç
To the above named Defendant
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 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 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: Bronx, NewYork
June 12, 2024
Attorney for Plaintiff
MARKB. RUBIN, P.C.
Post Office Address
3413 White Plains Road
Bronx, NewYork 10467
(718) 231-1515
1 of 7
FILED: WESTCHESTER COUNTY CLERK 06/14/2024 01:05 PM INDEX NO. 64094/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOF WESTCHESTER
____________________________________________________________________-Ç
ARPHIASPENCER,
Plaintiff,
VERIFIED
-against- COMPLAINT
Index No.:
MARGUERITEM. MASON,
Defendant.
___________________________________________________________--________Ç
Plaintiff, by Mark B. Rubin, P.C., her attorney, complaining of the defendant, respectfully
alleges:
AS ANDFORA FIRST CAUSEOFACTION
FIRST: That upon information and belief, at all times hereinafter
mentioned, the defendant was the owner of a certain motor vehicle bearing license plate number
BYW2047,NewYork.
SECOND: That upon information and belief at all times hereinafter mentioned
the defendant was operating her aforesaid motor vehicle. .
THIRD: That at all times hereinafter mentioned, the Plaintiff was the owner
and operator of a certain motor vehicle bearing license plate number JGPl055, NewYork.
FOURTH: That upon information and belief, at all times hereinafter
mentioned, Saw Mill River Road, at or near its intersection with Odell Avenue, in the city of
Yonkers, County, of Westchester and State of NewYork, was a public street, highway and
thoroughfare.
FIFTH: That upon information and belief, at all times hereinafter
2 of 7
FILED: WESTCHESTER COUNTY CLERK 06/14/2024 01:05 PM INDEX NO. 64094/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
mentioned, the defendant was operating her aforesaid motor vehicle on said Saw Mill River
Road, making a left turn onto Odell Avenue as aforesaid.
SIXTH: That at all times hereinafter mentioned, the plaintiff was operating
aforesaid motor vehicle on said Small Mill River Road, as aforesaid.
2nd
SEVENTH: That on the day of November, 2023, while the motor vehicle of
the defendant was being operated as aforesaid, the said motor vehicle was in contact and
collision with plaintiff's motor vehicle, causing the plaintiff to be suddenly and violently thrown
in and about his said motor vehicle, and causing him to suffer and sustain the severe and serious
injuries hereinafter alleged.
EIGHTH: That the aforesaid occurrence was due by reason of the negligence
of the defendant, her agents, servants, employees, designees, representatives, licensees and
lessees, in owning, operating, managing, maintaining and controlling her aforesaid motor vehicle
in a careless, reckless, dangerous, improper, imprudent and unskillful manner; in failing to have
her motor vehicle under proper control; in owning, operating and maintaining her motor vehicle
with unsafe, defective, broken and improper equipment; in operating her motor vehicle from one
side of the roadway to the other; in operating her aforesaid motor vehicle at an excessive rate of
speed under the circumstances then prevailing; in failing to keep a proper lookout; in failing to
yield the right of way; in being in contact and collision plaintiff's motor vehicle; in improperly
making a left turn; in improperly entering an intersection; in failing to slow up or stop her motor
vehicle in order to avoid the accident; in following too closely; in failing to exercise that degree
of care and caution owed to the plaintiff herein under the circumstances then prevailing; in
operating her motor vehicle in violation of the statutes, rules, ordinances and regulations in such
2
3 of 7
FILED: WESTCHESTER COUNTY CLERK 06/14/2024 01:05 PM INDEX NO. 64094/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
cases made and provided, and the defendant was otherwise negligent.
NINTH: That by reason of the foregoing, this plaintiff was caused to suffer and
sustain severe and serious injuries in and about her head, face, body and limbs, some of which
are believed to be permanent, thereby rendering her sick, sore, lame and disabled, causing her to
suffer and she still suffers, and upon information and belief, she will in the future suffer great
physical pain, mental anguish and suffering; causing her to be confined to her bed and/or home
for a great length of time; causing her to be unable to pursue and she is still unable to fully pursue
her usual vocation and activities; and upon information and belief she will in the future be unable
to fully perform her usual vocation and activities; causing her to expend and have expended on
her behalf, and she will, upon information and belief, in the future, be caused to expend and have
expended on her behalf divers sums of money for medical aid and assistance in an effort to cure
herself of her injuries, and she was otherwise damaged in a sum in excess of the upper monetary
jurisdictional limits of all lower courts.
TENTH: This plaintiff has sustained a serious injury as defined in
subdivision (d) of Section 5102 of the Insurance Law or economic loss greater than basic
economic loss as defined in Subdivision (a) of Section 5102 of the Insurance Law.
ELEVENTH: Plaintiff's recovery shall not be limited by Article 16 of the CPLR
or any other provision of law, and is specifically excluded from such limitations by the
exemptions provided for in CPLRSection 1602(6).
AS ANDFORA SECOND
CAUSEOF ACTION
TWELFTH: Plaintiff repeats and reiterates the foregoing paragraphs to the
extent same applies to this cause of action.
3
4 of 7
FILED: WESTCHESTER COUNTY CLERK 06/14/2024 01:05 PM INDEX NO. 64094/2024
..
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
THIRTEENTH: That as a result of the foregoing the aforesaid motor vehicle of this
plaintiff was damaged, and said plaintiff deprived of its use all to her damage in the sum of TEN
THOUSAND
($10,000.00) DOLLARS.
WHEREFORE,
Plaintiff demandsjudgment against the defendant in a sum in excess of
the upper monetary jurisdictional limits of all lower courts, on the first cause of action, and in the
sum of TEN THOUSAND
($10,000.00) DOLLARS, on the second cause of action, all together
with the costs, interest and disbursements of this action.
MARKB. RUBIN, P.C.
Attorney for Plaintiff
Office & P.O. Address
3413 SawMill River Road
Bronx, NewYork 10467
(718) 231-1515
4
5 of 7
FILED: WESTCHESTER COUNTY CLERK 06/14/2024 01:05 PM INDEX NO. 64094/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
STATE OF NEWYORK, COUNTY
OF BRONX SS:
being sworn says: I am plaintiff in the
[ X] action herein; I have read the annexed Co la /ú
Individual knOw the contents thereof and the same are true to my knowledge,
verification except those .matters therein which are stated to be alleged.on the
information and belief, and as to those matters I believe them to be
true.
(Print igner's nofne belowsignature)
hi tS(y2pgr
Sworn to before me on / 2 day of -- 202
_________________________________________________
MARKB. RUBIN
PUBLIC, STATEOFNEW
NOTARY YORK
NO. 02RU4839597
QUALIFIED IN WESTCHESTER C
COMMISSIONEXPIRESJAN. 31,20
6 of 7
FILED: WESTCHESTER COUNTY CLERK 06/14/2024 01:05 PM INDEX NO. 64094/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFWESTCHESTER
ARPHIASPENCER,
Plaintiff,
-against-
MARGUERITEM. MASON,,
Defendant,
SUMMONS
ANDVERIFIED COMPLAINT
MARKB. RUBIN, P.C.
Attorney for Plaintiff
3413 White Plains Road
Bronx, NewYork 10467
(718) 231-1515
Pursuant to 22 NYCRR130-1.1, the undersigned, an attorney admitted to practice in the courts of NewYork State,
certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document
are not frivolous.
Dated:...June 12, 2024 Signature........................... ....:... . .. .. . ... .. .. ..........
Print Signer's Name. Mark .B. Rubin.........................
7 of 7
Preview
FILED: WESTCHESTER COUNTY CLERK 06/14/2024 01:05 PM INDEX NO. 64094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 SUPREMECOURTOFTHE STATE OFNEWYORK COUNTYOFWESTCHESTER Index No.: --------------------__--------------------------------..----------_____---------------------Ç ARPHIASPENCER, Plaintiff, Plaintiff designates Bronx County as the place of trial The basis of the venue: Plaintiff's Residence/ Place of Accident -against- SUMMONS Plaintiff resides at: 103 Colin Street Yonkers, NewYork MARGUERITEM. MASON, Defendant, ____-------____________-----________________________------____________Ç To the above named Defendant 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 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 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: Bronx, NewYork June 12, 2024 Attorney for Plaintiff MARKB. RUBIN, P.C. Post Office Address 3413 White Plains Road Bronx, NewYork 10467 (718) 231-1515 1 of 7 FILED: WESTCHESTER COUNTY CLERK 06/14/2024 01:05 PM INDEX NO. 64094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOF WESTCHESTER ____________________________________________________________________-Ç ARPHIASPENCER, Plaintiff, VERIFIED -against- COMPLAINT Index No.: MARGUERITEM. MASON, Defendant. ___________________________________________________________--________Ç Plaintiff, by Mark B. Rubin, P.C., her attorney, complaining of the defendant, respectfully alleges: AS ANDFORA FIRST CAUSEOFACTION FIRST: That upon information and belief, at all times hereinafter mentioned, the defendant was the owner of a certain motor vehicle bearing license plate number BYW2047,NewYork. SECOND: That upon information and belief at all times hereinafter mentioned the defendant was operating her aforesaid motor vehicle. . THIRD: That at all times hereinafter mentioned, the Plaintiff was the owner and operator of a certain motor vehicle bearing license plate number JGPl055, NewYork. FOURTH: That upon information and belief, at all times hereinafter mentioned, Saw Mill River Road, at or near its intersection with Odell Avenue, in the city of Yonkers, County, of Westchester and State of NewYork, was a public street, highway and thoroughfare. FIFTH: That upon information and belief, at all times hereinafter 2 of 7 FILED: WESTCHESTER COUNTY CLERK 06/14/2024 01:05 PM INDEX NO. 64094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 mentioned, the defendant was operating her aforesaid motor vehicle on said Saw Mill River Road, making a left turn onto Odell Avenue as aforesaid. SIXTH: That at all times hereinafter mentioned, the plaintiff was operating aforesaid motor vehicle on said Small Mill River Road, as aforesaid. 2nd SEVENTH: That on the day of November, 2023, while the motor vehicle of the defendant was being operated as aforesaid, the said motor vehicle was in contact and collision with plaintiff's motor vehicle, causing the plaintiff to be suddenly and violently thrown in and about his said motor vehicle, and causing him to suffer and sustain the severe and serious injuries hereinafter alleged. EIGHTH: That the aforesaid occurrence was due by reason of the negligence of the defendant, her agents, servants, employees, designees, representatives, licensees and lessees, in owning, operating, managing, maintaining and controlling her aforesaid motor vehicle in a careless, reckless, dangerous, improper, imprudent and unskillful manner; in failing to have her motor vehicle under proper control; in owning, operating and maintaining her motor vehicle with unsafe, defective, broken and improper equipment; in operating her motor vehicle from one side of the roadway to the other; in operating her aforesaid motor vehicle at an excessive rate of speed under the circumstances then prevailing; in failing to keep a proper lookout; in failing to yield the right of way; in being in contact and collision plaintiff's motor vehicle; in improperly making a left turn; in improperly entering an intersection; in failing to slow up or stop her motor vehicle in order to avoid the accident; in following too closely; in failing to exercise that degree of care and caution owed to the plaintiff herein under the circumstances then prevailing; in operating her motor vehicle in violation of the statutes, rules, ordinances and regulations in such 2 3 of 7 FILED: WESTCHESTER COUNTY CLERK 06/14/2024 01:05 PM INDEX NO. 64094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 cases made and provided, and the defendant was otherwise negligent. NINTH: That by reason of the foregoing, this plaintiff was caused to suffer and sustain severe and serious injuries in and about her head, face, body and limbs, some of which are believed to be permanent, thereby rendering her sick, sore, lame and disabled, causing her to suffer and she still suffers, and upon information and belief, she will in the future suffer great physical pain, mental anguish and suffering; causing her to be confined to her bed and/or home for a great length of time; causing her to be unable to pursue and she is still unable to fully pursue her usual vocation and activities; and upon information and belief she will in the future be unable to fully perform her usual vocation and activities; causing her to expend and have expended on her behalf, and she will, upon information and belief, in the future, be caused to expend and have expended on her behalf divers sums of money for medical aid and assistance in an effort to cure herself of her injuries, and she was otherwise damaged in a sum in excess of the upper monetary jurisdictional limits of all lower courts. TENTH: This plaintiff has sustained a serious injury as defined in subdivision (d) of Section 5102 of the Insurance Law or economic loss greater than basic economic loss as defined in Subdivision (a) of Section 5102 of the Insurance Law. ELEVENTH: Plaintiff's recovery shall not be limited by Article 16 of the CPLR or any other provision of law, and is specifically excluded from such limitations by the exemptions provided for in CPLRSection 1602(6). AS ANDFORA SECOND CAUSEOF ACTION TWELFTH: Plaintiff repeats and reiterates the foregoing paragraphs to the extent same applies to this cause of action. 3 4 of 7 FILED: WESTCHESTER COUNTY CLERK 06/14/2024 01:05 PM INDEX NO. 64094/2024 .. NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 THIRTEENTH: That as a result of the foregoing the aforesaid motor vehicle of this plaintiff was damaged, and said plaintiff deprived of its use all to her damage in the sum of TEN THOUSAND ($10,000.00) DOLLARS. WHEREFORE, Plaintiff demandsjudgment against the defendant in a sum in excess of the upper monetary jurisdictional limits of all lower courts, on the first cause of action, and in the sum of TEN THOUSAND ($10,000.00) DOLLARS, on the second cause of action, all together with the costs, interest and disbursements of this action. MARKB. RUBIN, P.C. Attorney for Plaintiff Office & P.O. Address 3413 SawMill River Road Bronx, NewYork 10467 (718) 231-1515 4 5 of 7 FILED: WESTCHESTER COUNTY CLERK 06/14/2024 01:05 PM INDEX NO. 64094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 STATE OF NEWYORK, COUNTY OF BRONX SS: being sworn says: I am plaintiff in the [ X] action herein; I have read the annexed Co la /ú Individual knOw the contents thereof and the same are true to my knowledge, verification except those .matters therein which are stated to be alleged.on the information and belief, and as to those matters I believe them to be true. (Print igner's nofne belowsignature) hi tS(y2pgr Sworn to before me on / 2 day of -- 202 _________________________________________________ MARKB. RUBIN PUBLIC, STATEOFNEW NOTARY YORK NO. 02RU4839597 QUALIFIED IN WESTCHESTER C COMMISSIONEXPIRESJAN. 31,20 6 of 7 FILED: WESTCHESTER COUNTY CLERK 06/14/2024 01:05 PM INDEX NO. 64094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFWESTCHESTER ARPHIASPENCER, Plaintiff, -against- MARGUERITEM. MASON,, Defendant, SUMMONS ANDVERIFIED COMPLAINT MARKB. RUBIN, P.C. Attorney for Plaintiff 3413 White Plains Road Bronx, NewYork 10467 (718) 231-1515 Pursuant to 22 NYCRR130-1.1, the undersigned, an attorney admitted to practice in the courts of NewYork State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated:...June 12, 2024 Signature........................... ....:... . .. .. . ... .. .. .......... Print Signer's Name. Mark .B. Rubin......................... 7 of 7