Preview
FILED: KINGS COUNTY CLERK 06/17/2024 11:23 AM INDEX NO. 516621/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2024
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS Date Purchased:
----------------------------------------------------------------------X
MUHAMMAD AKIF, SUMMONS
Plaintiff, Plaintiff designates Kings
County as the place of trial.
- against -
The basis of venue is:
XU HUANG, Place of occurrence
Defendant.
County of KINGS
----------------------------------------------------------------------X
To the abovenamed Defendant:
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 twenty days after the service of this summons,
exclusive of the day of service, where service is made by delivery upon you personally within
the state, or, within 30 days after completion of service where service is made in any other
manner. 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: Garden City, New York
June 14, 2024
__________________________________
JOSEPH G. DELL
DELL & DEAN, PLLC
Attorneys for Plaintiff
MUHAMMAD AKIF
1225 Franklin Avenue, Suite 360
Garden City, New York 11530
(516) 880-9700
File No. 5826
TO: XU HUANG
182 Leverett Avenue
Staten Island, New York 10308
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FILED: KINGS COUNTY CLERK 06/17/2024 11:23 AM INDEX NO. 516621/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.:
----------------------------------------------------------------------X Date Purchased:
MUHAMMAD AKIF,
VERIFIED COMPLAINT
Plaintiff,
- against -
XU HUANG,
Defendant.
----------------------------------------------------------------------X
Plaintiff, MUHAMMAD AKIF, by his attorneys, DELL & DEAN, PLLC, complaining
of the Defendant, XU HUANG respectfully alleges, upon information and belief:
1. At all times herein mentioned, Plaintiff MUHAMMAD AKIF was, and still is, a
resident of the County of Nassau, State of New York.
2. Upon information and belief, at all times herein mentioned, Defendant XU
HUANG was, and still is, a resident of the County of Richmond, State of New York.
3. At all times herein mentioned, Defendant XU HUANG was the owner of a 2015
Lexus motor vehicle bearing New York State license plate number HWX7968.
4. At all times herein mentioned, Defendant XU HUANG operated the
aforementioned motor vehicle bearing New York State license plate number HWX7968.
5. At all times herein mentioned, Defendant XU HUANG owned, operated,
managed, maintained, controlled and repaired the aforementioned motor vehicle.
6. At all times herein mentioned, Defendant XU HUANG
breached a duty of care owed to the Plaintiff MUHAMMAD AKIF in that he failed to drive as a
reasonably prudent person under the circumstances existing on December 12, 2022.
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FILED: KINGS COUNTY CLERK 06/17/2024 11:23 AM INDEX NO. 516621/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2024
7. At all times herein mentioned, Plaintiff MUHAMMAD AKIF was the operator
of a 2022 Tesla motor vehicle bearing New York State license plate number T105264C.
8. At all times herein mentioned, the westbound Gowanus Expressway at or near its
intersection with Ovington Avenue, County of Kings, State of New York, was a public roadway,
street and/or thoroughfare.
9. That on December 12, 2022, Defendant XU HUANG was operating her motor
vehicle at the aforementioned location.
10. That on December 12, 2022, Plaintiff MUHAMMAD AKIF was operating his
motor vehicle at the aforementioned location.
11. That on December 12, 2022, at the aforementioned location, the motor vehicle
owned and operated by Defendant XU HUANG came into contact with the motor vehicle
operated by Plaintiff MUHAMMAD AKIF.
12. That as a result of the aforesaid contact, Plaintiff MUHAMMAD AKIF was
seriously injured.
13. That the aforesaid occurrence was caused wholly and solely by reason of the
negligence of the Defendant XU HUANG without any fault or negligence on the part of the
Plaintiff MUHAMMAD AKIF contributing thereto.
14. That Defendant XU HUANG was negligent, careless and reckless in the
ownership, operation, management, maintenance, supervision, use and control of the aforesaid
vehicle and the Defendant was otherwise negligent, careless and reckless under the
circumstances then and there prevailing.
15. That by reason of the foregoing, Plaintiff MUHAMMAD AKIF sustained severe
and permanent personal injuries; and Plaintiff MUHAMMAD AKIF was otherwise damaged.
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16. That Plaintiff MUHAMMAD AKIF sustained serious injuries as defined by
§5102(d) of the Insurance Law of the State of New York.
17. That Plaintiff MUHAMMAD AKIF 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.
18. That this action falls within one or more of the exceptions set forth in CPLR
§1602.
19. That by reason of the foregoing, Plaintiff MUHAMMAD AKIF has been
damaged in a sum which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction.
WHEREFORE, Plaintiff MUHAMMAD AKIF demands judgment against the
Defendant XU HUANG herein, in a sum exceeding the jurisdictional limits of all lower courts
which would otherwise have jurisdiction, together with the costs and disbursements of this
action.
Dated: Garden City, New York
June 14, 2024
Yours, etc.
_________________________________
JOSEPH G. DELL
DELL & DEAN, PLLC
Attorneys for Plaintiff
MUHAMMAD AKIF
1225 Franklin Avenue, Suite 360
Garden City, New York 11530
(516) 880-9700
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FILED: KINGS COUNTY CLERK 06/17/2024 11:23 AM INDEX NO. 516621/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2024
VERIFICATION
STATEOF /tth oan )
COUNTY
OF
I, being duly sworn, deposes and says:
I am the plaintiff In the within actio
Ihaveread the following nlplCdnt and believe the same
to be true to my knowledge; the same18 ime to my knowledge except as to those matters therein
stated to be alleged on information and belief and as to those matters I believe them to be true,
Sworn to before le this
day of Ax-e__ , 202f
Notary Publie
DONNAM PARENT
NOTARYPUBLIC-STATE OF NEWYORK
No. 01PA5008225
Qualifiedin Suffolk County
My Commission Expires 02-16-20__
D2(2021)31 of59
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FILED: KINGS COUNTY CLERK 06/17/2024 11:23 AM INDEX NO. 516621/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2024
Index No:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
MUHAMMAD AKIF,
Plaintiff,
-against-
EDWIN J. MARCIAI HERNANDEZ,
Defendant.
SUMMONS AND VERIFIED COMPLAINT
DELL & DEAN, PLLC
Attorneys for Plaintiff
1225 Franklin Avenue, Suite 360
Garden City, New York 11530
(516) 880-9700
6 of 6
Preview
FILED: KINGS COUNTY CLERK 06/17/2024 11:23 AM INDEX NO. 516621/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS Date Purchased: ----------------------------------------------------------------------X MUHAMMAD AKIF, SUMMONS Plaintiff, Plaintiff designates Kings County as the place of trial. - against - The basis of venue is: XU HUANG, Place of occurrence Defendant. County of KINGS ----------------------------------------------------------------------X To the abovenamed Defendant: 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 twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. 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: Garden City, New York June 14, 2024 __________________________________ JOSEPH G. DELL DELL & DEAN, PLLC Attorneys for Plaintiff MUHAMMAD AKIF 1225 Franklin Avenue, Suite 360 Garden City, New York 11530 (516) 880-9700 File No. 5826 TO: XU HUANG 182 Leverett Avenue Staten Island, New York 10308 1 of 6 FILED: KINGS COUNTY CLERK 06/17/2024 11:23 AM INDEX NO. 516621/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: ----------------------------------------------------------------------X Date Purchased: MUHAMMAD AKIF, VERIFIED COMPLAINT Plaintiff, - against - XU HUANG, Defendant. ----------------------------------------------------------------------X Plaintiff, MUHAMMAD AKIF, by his attorneys, DELL & DEAN, PLLC, complaining of the Defendant, XU HUANG respectfully alleges, upon information and belief: 1. At all times herein mentioned, Plaintiff MUHAMMAD AKIF was, and still is, a resident of the County of Nassau, State of New York. 2. Upon information and belief, at all times herein mentioned, Defendant XU HUANG was, and still is, a resident of the County of Richmond, State of New York. 3. At all times herein mentioned, Defendant XU HUANG was the owner of a 2015 Lexus motor vehicle bearing New York State license plate number HWX7968. 4. At all times herein mentioned, Defendant XU HUANG operated the aforementioned motor vehicle bearing New York State license plate number HWX7968. 5. At all times herein mentioned, Defendant XU HUANG owned, operated, managed, maintained, controlled and repaired the aforementioned motor vehicle. 6. At all times herein mentioned, Defendant XU HUANG breached a duty of care owed to the Plaintiff MUHAMMAD AKIF in that he failed to drive as a reasonably prudent person under the circumstances existing on December 12, 2022. 2 of 6 FILED: KINGS COUNTY CLERK 06/17/2024 11:23 AM INDEX NO. 516621/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2024 7. At all times herein mentioned, Plaintiff MUHAMMAD AKIF was the operator of a 2022 Tesla motor vehicle bearing New York State license plate number T105264C. 8. At all times herein mentioned, the westbound Gowanus Expressway at or near its intersection with Ovington Avenue, County of Kings, State of New York, was a public roadway, street and/or thoroughfare. 9. That on December 12, 2022, Defendant XU HUANG was operating her motor vehicle at the aforementioned location. 10. That on December 12, 2022, Plaintiff MUHAMMAD AKIF was operating his motor vehicle at the aforementioned location. 11. That on December 12, 2022, at the aforementioned location, the motor vehicle owned and operated by Defendant XU HUANG came into contact with the motor vehicle operated by Plaintiff MUHAMMAD AKIF. 12. That as a result of the aforesaid contact, Plaintiff MUHAMMAD AKIF was seriously injured. 13. That the aforesaid occurrence was caused wholly and solely by reason of the negligence of the Defendant XU HUANG without any fault or negligence on the part of the Plaintiff MUHAMMAD AKIF contributing thereto. 14. That Defendant XU HUANG was negligent, careless and reckless in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid vehicle and the Defendant was otherwise negligent, careless and reckless under the circumstances then and there prevailing. 15. That by reason of the foregoing, Plaintiff MUHAMMAD AKIF sustained severe and permanent personal injuries; and Plaintiff MUHAMMAD AKIF was otherwise damaged. 3 of 6 FILED: KINGS COUNTY CLERK 06/17/2024 11:23 AM INDEX NO. 516621/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2024 16. That Plaintiff MUHAMMAD AKIF sustained serious injuries as defined by §5102(d) of the Insurance Law of the State of New York. 17. That Plaintiff MUHAMMAD AKIF 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. 18. That this action falls within one or more of the exceptions set forth in CPLR §1602. 19. That by reason of the foregoing, Plaintiff MUHAMMAD AKIF has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff MUHAMMAD AKIF demands judgment against the Defendant XU HUANG herein, in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: Garden City, New York June 14, 2024 Yours, etc. _________________________________ JOSEPH G. DELL DELL & DEAN, PLLC Attorneys for Plaintiff MUHAMMAD AKIF 1225 Franklin Avenue, Suite 360 Garden City, New York 11530 (516) 880-9700 4 of 6 FILED: KINGS COUNTY CLERK 06/17/2024 11:23 AM INDEX NO. 516621/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2024 VERIFICATION STATEOF /tth oan ) COUNTY OF I, being duly sworn, deposes and says: I am the plaintiff In the within actio Ihaveread the following nlplCdnt and believe the same to be true to my knowledge; the same18 ime to my knowledge except as to those matters therein stated to be alleged on information and belief and as to those matters I believe them to be true, Sworn to before le this day of Ax-e__ , 202f Notary Publie DONNAM PARENT NOTARYPUBLIC-STATE OF NEWYORK No. 01PA5008225 Qualifiedin Suffolk County My Commission Expires 02-16-20__ D2(2021)31 of59 5 of 6 FILED: KINGS COUNTY CLERK 06/17/2024 11:23 AM INDEX NO. 516621/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/17/2024 Index No: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS MUHAMMAD AKIF, Plaintiff, -against- EDWIN J. MARCIAI HERNANDEZ, Defendant. SUMMONS AND VERIFIED COMPLAINT DELL & DEAN, PLLC Attorneys for Plaintiff 1225 Franklin Avenue, Suite 360 Garden City, New York 11530 (516) 880-9700 6 of 6