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INDEX NO. 032961/2015
- NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/09/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND Index No.
deere nee eee neem ee enn ne nnn name nen nn ens Plaintiff designates
LYNETTE WILLIAMS, ROCKLAND
County as the place of trial
The basis of the venue is
Plaintiff (s),
Plaintiff's Residence
-against- SUMMONS
Plaintiff resides at:
6 Phillips Lane
HUDSON TRANSIT LINES, INC., “JOHN DOE”
West Nyack, NY 10994
and TOWN OF CLARKSTOWN,
Defendant {s),
mene ene ee eee ere ee enmnemenenscone cee een ener nee County of ROCKLAND
To the above named Defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and serve a copy you answer, or,it
(s) within 20 days
the complaint is not served with this summons, to serve a notice appearance, on the Plaintiffs Attorney
days after the service is complete
after the service of complete if this suramons, exch lusive of the day of service (or within 30 to appear or
York, and in case of your failure
if this summons is not personally delivered to you within the State of New
for the relief demand, complaint.
answer, judgement will be taken against you by default
Dated: July 6, 2015
HAR KINDER & ROGOWSKY, ESQS.
Attorn (s) for Plaintiff (s)
Post Gffice Address:
3 Payk Avenue, Suite 2300
New York, NY 10016
Hudson Transit Lines, Inc.
4 Leisure Lane
Montgomery, NY 12549
Town of Clarkstown
10 Maple Avenue
New City, NY 10956
—— ——
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
mene nema n nee n eee nH anna,
LYNETTE WILLIAMS
VERIFIED COMPLAINT
Plaintiff, Index No.:
-against-
HUDSON TRANSIT LINES INC., JOHN DOE
and TOWN OF CLARKSTOWN,
Defendants.
wen ee eee nee ene en en nee een nnn en nen mene meme] Xx
Plaintiff, complaining of the defendants herein by her attorneys, HARMON LINDER &
ROGOWSKY, respectfully sets forth and allege, as follows:
AS AND FOR A CAUSE OF ACTION
ON BEHALF OF PLAINTIFF
1 That this cause of action arose out of a motor vehicle accident which occurred in the
County of ROCKLAND, State of New York.
2, That at all times mentioned herein, defendant, TOWN OF CLARKSTOWN, was a
municipal corporation duly organized and existing under and by virtue of the Laws of the State
of New York.
3 That at all times mentioned herein, the plaintiff duly served a Notice of Claim and
Intention to Sue thereupon on the defendant, TOWN OF CLARKSTOWN, within the time
prescribed by law.
4 That defendant, TOWN OF CLARKSTOWN has neglected and refused to make an
adjustment in payment thereof within more than thirty (30) days service of said Notice of Claim
and Intention to Sue.
3 That the plaintiff has duly complied with all statutes and laws applicable to the defendant
TOWN OF CLARKSTOWN, precedent to the making of this claim and bringing this action.
6 That at all times mentioned herein defendant, TOWN OF CLARKSTOWN was the owner
of the motor vehicle bearing bus number 70335 in the State of New York.
7
That at all times mentioned herein defendant, HUDSON TRANSIT LINES, INC. was the
owner of the motor vehicle bearing bus number 70335 in the State of New York.
8 That at all times mentioned herein, defendant, TOWN OF CLARKSTOWN was the lessee
and or renter of the motor vehicle bearing bus number 70335 in the State of New York.
9 That at all times mentioned herein, defendant, HUDSON TRANSIT LINES, INC was the
lessee and or renter of the motor vehicle bearing bus number 70335 in the State of New York.
10. That at al! times mentioned herein, defendant, JOHN DOE was the operator of the motor
vehicle bearing bus number 70335 in the State of New York.
il. That at all times mentioned herein, defendant, JOHN DOE was in physical charge,
managing, controlling the vehicle owned by the defendant, TOWN OF CLARKSTOWN, with
knowledge, permission and consent, whether express or implied, of the defendant owner thereof.
12. That at all times mentioned herein, defendant, JOHN DOE was in physical charge,
managing, controlling the vehicle owned by the defendant, HUDSON TRANSIT LINES, INC.,
with knowledge, permission and consent, whether express or implied, of the defendant owner
thereof.
13. That at ali times mentioned herein, defendant JOHN DOE was an employee of defendant
TOWN OF CLARKSTOWN and acting within the scope of his employment.
14. That at all times mentioned herein, defendant JOHN DOE was an employee of defendant
HUDSON TRANSIT LINES, INC. and acting within the scope of his employment.
13. That on the 6" DAY OF NOVEMBER 2014, plaintiff LYNETTE WILLIAMS was a
passenger on said vehicle bearing bus number 70335, State of New York.
16. That on the 6™ DAY OF NOVEMBER, 2014, at approximately 7:45 A.M., defendants
carelessly and/or negligently operated their motor vehicle in or around the Park and Ride, exit
17, Hamlet of Nanuet, Town of Clarkstown, County of Rockland, State of New York.
18. At all times mentioned herein, defendants failed to use reasonable care in the operation of
vehicle bearing bus number 70335.
19, At all times mentioned herein, defendants failed to in keep a proper lookout for dangers
and risks upon the roadway which should have been foreseen.
20. At all times mentioned herein, defendants negligently failed to avoid unnecessarily sudden,
unusual, and violent jerks, lurches and violent stops in their operation of vehicle bearing bus
number 70335.
21. At all times mentioned herein, defendant’s negligence caused and created every
emergency, circumstance and need for sudden, unusual, and violent jerks, lurches and violent
stops in their operation of vehicle bearing bus number 70335.
22, That al all times herein mentioned the defendants were carless and or negligent in the
manner in which the operated the aforementioned vehicle, including but not limited to taking
unnecessary evasive actions, that were unwarranted and created an unreasonable, unnecessary
danger to the passengers, including the plaintiff.
23. This action falls under the doctrine of Res Ipsa Loquitor.
24, That at all times mentioned herein, defendants did not provide passengers with available
seatbelts and carelessly, negligently maintained vehicle bearing bus number 70335.
_
25. That as a result of the forgoing, this plaintiff was caused to and did sustain severe and
serious personal injuries and was required to seek and obtain immediate medical care and
attention in an effort to cure and/or alleviate the same and upon information and belief, will be so
compelled to do in future.
26. That the aforesaid occurrence and injuries sustained by this plaintiff were caused wholly
and solely by the carelessness and/or negligence of the defendants and not by any or omission on
the part of this plaintiff contributing thereto.
27. That the aforesaid occurrence and injuries sustained by this plaintiff were caused wholly
and solely by negligent hiring, supervision, and training of defendant JOHN DOE.
28. That this plaintiff has sustained a serious injury as the same in defined in subdivision (d)
of Section 5102 on the Insurance Law of the State of New York.
29, That this action falls within one or more of the exceptions set forth in Section 1602 of the
CPLR.
30. That by reason of the foregoing, plaintiffs have been damaged in an amount which
exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction.
WHEREFORE, plaintiffs, demands judgment against the defendants in the Cause of
Action in a amount which exceeds the jurisdictional limits of ail lower courts that would
otherwise have jurisdiction all together with the costs and disbursements of this action.
Dated: New York, New York
June 26, 2015
HAR INDER & ROGOWSKY
Attorneys for Plaintiff
3 Park Ave. #2300
New York, New York 10016
(212) 732-3665
ATTORNEY’S VERIFICATION
STATE OF NEW YORK }
) ss:
COUNTY OF NEW YORK )
1, the undersigned, am an attorney admitted you practice in the Courts of New
York State, and say that:
lam the attorney of record or of counsel with the attorney (s) of record for
plaintiff.
I have read annexed VERIFIED SUMMONS AND COMPLAINT and
know the contents thereof and the same are true to my knowledge, except those maiters
therein which are stated to be alleged on information and belief. My belief, as to those mat-
ters therein not stated upon knowledge is based upon the following:
Interviews and/or discussions with the plaintiff (s) and papers and /or
documents in the file.
The reasons I make this affirmation instead of the plaintiff is because said plain-
tiff resides outside of the county from where your deponent maintains his office for the prac-
tice of law.
Dated: New York, NY
July 6, 2015
Conn
nnn nnenene
fark J. Linder
Index No. Year
SUPREME COURT OF THE CITY OF NEW YORK
COUNTY ROCKLAND
ane ne nce een manne panne nnn nee nen nnn ne
LYNETTE WILLIAMS,
Plaintiff (s),
-against-
HUDSON TRANSIT LINES, INC., “JOHN DOE” and TOWN OF CLARKTOWN,
Defendant (s},
ne eee cee
vene er
nee ne ne ne ene nnn nn name enna
VERIFIED SUMMONS AND COMPLAINT
no namee: pene nnn ne nn en een en neem nnn nen am ammne emmanae
HARMON, LINDER & ROGOWSKY, ESQS.
Attorney (s) for Plaintiff (s)
3 Park Avenue, Suite 2300
New York, NY 10016
(212)-732-3665 Fax (212)-732-1462
menee nena nn enee. pone ee eee ene eee nnn nen ene ne namnme mn enmnen nnn
To:
Attomey (s) for
eee ene en enn nnnnenen nee canenenenemnn anne enee nnn nnmnennnntanennanennnnnanane ns canmnannrnamene anaes Mea Service of a copy
of the within Is hereby admitted,
Dated:
lomey (s) for
nce ene nne ne enna ence ce tenes ee enenenecee eeeen nen ene nnn nn ne meee etm nena
PLEASE TAKE NOTICE
meceeeneeee that the within is a (certified) true copy of a
NOTICE OF entered in the office of a the Clerk of the within named
ENTRY Courton 20
anon that an order of which the within is a true copy will be
NOTICE OF presented for settlement to the Hon. one of judges
SETTLEMENT Of the within name Court, on 20 at M.
Dated
HARMON, LINDER & ROGOWSKY, ESQS.
Aitorney (s) for Plaintiff (s)
3 Park Avenue, Suite 2300
New York, NY 10016
(212)-732-3665 Fax (212)-732-1462
_—
Preview
INDEX NO. 032961/2015 - NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/09/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND Index No. deere nee eee neem ee enn ne nnn name nen nn ens Plaintiff designates LYNETTE WILLIAMS, ROCKLAND County as the place of trial The basis of the venue is Plaintiff (s), Plaintiff's Residence -against- SUMMONS Plaintiff resides at: 6 Phillips Lane HUDSON TRANSIT LINES, INC., “JOHN DOE” West Nyack, NY 10994 and TOWN OF CLARKSTOWN, Defendant {s), mene ene ee eee ere ee enmnemenenscone cee een ener nee County of ROCKLAND To the above named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action and serve a copy you answer, or,it (s) within 20 days the complaint is not served with this summons, to serve a notice appearance, on the Plaintiffs Attorney days after the service is complete after the service of complete if this suramons, exch lusive of the day of service (or within 30 to appear or York, and in case of your failure if this summons is not personally delivered to you within the State of New for the relief demand, complaint. answer, judgement will be taken against you by default Dated: July 6, 2015 HAR KINDER & ROGOWSKY, ESQS. Attorn (s) for Plaintiff (s) Post Gffice Address: 3 Payk Avenue, Suite 2300 New York, NY 10016 Hudson Transit Lines, Inc. 4 Leisure Lane Montgomery, NY 12549 Town of Clarkstown 10 Maple Avenue New City, NY 10956 —— —— SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND mene nema n nee n eee nH anna, LYNETTE WILLIAMS VERIFIED COMPLAINT Plaintiff, Index No.: -against- HUDSON TRANSIT LINES INC., JOHN DOE and TOWN OF CLARKSTOWN, Defendants. wen ee eee nee ene en en nee een nnn en nen mene meme] Xx Plaintiff, complaining of the defendants herein by her attorneys, HARMON LINDER & ROGOWSKY, respectfully sets forth and allege, as follows: AS AND FOR A CAUSE OF ACTION ON BEHALF OF PLAINTIFF 1 That this cause of action arose out of a motor vehicle accident which occurred in the County of ROCKLAND, State of New York. 2, That at all times mentioned herein, defendant, TOWN OF CLARKSTOWN, was a municipal corporation duly organized and existing under and by virtue of the Laws of the State of New York. 3 That at all times mentioned herein, the plaintiff duly served a Notice of Claim and Intention to Sue thereupon on the defendant, TOWN OF CLARKSTOWN, within the time prescribed by law. 4 That defendant, TOWN OF CLARKSTOWN has neglected and refused to make an adjustment in payment thereof within more than thirty (30) days service of said Notice of Claim and Intention to Sue. 3 That the plaintiff has duly complied with all statutes and laws applicable to the defendant TOWN OF CLARKSTOWN, precedent to the making of this claim and bringing this action. 6 That at all times mentioned herein defendant, TOWN OF CLARKSTOWN was the owner of the motor vehicle bearing bus number 70335 in the State of New York. 7 That at all times mentioned herein defendant, HUDSON TRANSIT LINES, INC. was the owner of the motor vehicle bearing bus number 70335 in the State of New York. 8 That at all times mentioned herein, defendant, TOWN OF CLARKSTOWN was the lessee and or renter of the motor vehicle bearing bus number 70335 in the State of New York. 9 That at all times mentioned herein, defendant, HUDSON TRANSIT LINES, INC was the lessee and or renter of the motor vehicle bearing bus number 70335 in the State of New York. 10. That at al! times mentioned herein, defendant, JOHN DOE was the operator of the motor vehicle bearing bus number 70335 in the State of New York. il. That at all times mentioned herein, defendant, JOHN DOE was in physical charge, managing, controlling the vehicle owned by the defendant, TOWN OF CLARKSTOWN, with knowledge, permission and consent, whether express or implied, of the defendant owner thereof. 12. That at all times mentioned herein, defendant, JOHN DOE was in physical charge, managing, controlling the vehicle owned by the defendant, HUDSON TRANSIT LINES, INC., with knowledge, permission and consent, whether express or implied, of the defendant owner thereof. 13. That at ali times mentioned herein, defendant JOHN DOE was an employee of defendant TOWN OF CLARKSTOWN and acting within the scope of his employment. 14. That at all times mentioned herein, defendant JOHN DOE was an employee of defendant HUDSON TRANSIT LINES, INC. and acting within the scope of his employment. 13. That on the 6" DAY OF NOVEMBER 2014, plaintiff LYNETTE WILLIAMS was a passenger on said vehicle bearing bus number 70335, State of New York. 16. That on the 6™ DAY OF NOVEMBER, 2014, at approximately 7:45 A.M., defendants carelessly and/or negligently operated their motor vehicle in or around the Park and Ride, exit 17, Hamlet of Nanuet, Town of Clarkstown, County of Rockland, State of New York. 18. At all times mentioned herein, defendants failed to use reasonable care in the operation of vehicle bearing bus number 70335. 19, At all times mentioned herein, defendants failed to in keep a proper lookout for dangers and risks upon the roadway which should have been foreseen. 20. At all times mentioned herein, defendants negligently failed to avoid unnecessarily sudden, unusual, and violent jerks, lurches and violent stops in their operation of vehicle bearing bus number 70335. 21. At all times mentioned herein, defendant’s negligence caused and created every emergency, circumstance and need for sudden, unusual, and violent jerks, lurches and violent stops in their operation of vehicle bearing bus number 70335. 22, That al all times herein mentioned the defendants were carless and or negligent in the manner in which the operated the aforementioned vehicle, including but not limited to taking unnecessary evasive actions, that were unwarranted and created an unreasonable, unnecessary danger to the passengers, including the plaintiff. 23. This action falls under the doctrine of Res Ipsa Loquitor. 24, That at all times mentioned herein, defendants did not provide passengers with available seatbelts and carelessly, negligently maintained vehicle bearing bus number 70335. _ 25. That as a result of the forgoing, this plaintiff was caused to and did sustain severe and serious personal injuries and was required to seek and obtain immediate medical care and attention in an effort to cure and/or alleviate the same and upon information and belief, will be so compelled to do in future. 26. That the aforesaid occurrence and injuries sustained by this plaintiff were caused wholly and solely by the carelessness and/or negligence of the defendants and not by any or omission on the part of this plaintiff contributing thereto. 27. That the aforesaid occurrence and injuries sustained by this plaintiff were caused wholly and solely by negligent hiring, supervision, and training of defendant JOHN DOE. 28. That this plaintiff has sustained a serious injury as the same in defined in subdivision (d) of Section 5102 on the Insurance Law of the State of New York. 29, That this action falls within one or more of the exceptions set forth in Section 1602 of the CPLR. 30. That by reason of the foregoing, plaintiffs have been damaged in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. WHEREFORE, plaintiffs, demands judgment against the defendants in the Cause of Action in a amount which exceeds the jurisdictional limits of ail lower courts that would otherwise have jurisdiction all together with the costs and disbursements of this action. Dated: New York, New York June 26, 2015 HAR INDER & ROGOWSKY Attorneys for Plaintiff 3 Park Ave. #2300 New York, New York 10016 (212) 732-3665 ATTORNEY’S VERIFICATION STATE OF NEW YORK } ) ss: COUNTY OF NEW YORK ) 1, the undersigned, am an attorney admitted you practice in the Courts of New York State, and say that: lam the attorney of record or of counsel with the attorney (s) of record for plaintiff. I have read annexed VERIFIED SUMMONS AND COMPLAINT and know the contents thereof and the same are true to my knowledge, except those maiters therein which are stated to be alleged on information and belief. My belief, as to those mat- ters therein not stated upon knowledge is based upon the following: Interviews and/or discussions with the plaintiff (s) and papers and /or documents in the file. The reasons I make this affirmation instead of the plaintiff is because said plain- tiff resides outside of the county from where your deponent maintains his office for the prac- tice of law. Dated: New York, NY July 6, 2015 Conn nnn nnenene fark J. Linder Index No. Year SUPREME COURT OF THE CITY OF NEW YORK COUNTY ROCKLAND ane ne nce een manne panne nnn nee nen nnn ne LYNETTE WILLIAMS, Plaintiff (s), -against- HUDSON TRANSIT LINES, INC., “JOHN DOE” and TOWN OF CLARKTOWN, Defendant (s}, ne eee cee vene er nee ne ne ne ene nnn nn name enna VERIFIED SUMMONS AND COMPLAINT no namee: pene nnn ne nn en een en neem nnn nen am ammne emmanae HARMON, LINDER & ROGOWSKY, ESQS. Attorney (s) for Plaintiff (s) 3 Park Avenue, Suite 2300 New York, NY 10016 (212)-732-3665 Fax (212)-732-1462 menee nena nn enee. pone ee eee ene eee nnn nen ene ne namnme mn enmnen nnn To: Attomey (s) for eee ene en enn nnnnenen nee canenenenemnn anne enee nnn nnmnennnntanennanennnnnanane ns canmnannrnamene anaes Mea Service of a copy of the within Is hereby admitted, Dated: lomey (s) for nce ene nne ne enna ence ce tenes ee enenenecee eeeen nen ene nnn nn ne meee etm nena PLEASE TAKE NOTICE meceeeneeee that the within is a (certified) true copy of a NOTICE OF entered in the office of a the Clerk of the within named ENTRY Courton 20 anon that an order of which the within is a true copy will be NOTICE OF presented for settlement to the Hon. one of judges SETTLEMENT Of the within name Court, on 20 at M. Dated HARMON, LINDER & ROGOWSKY, ESQS. Aitorney (s) for Plaintiff (s) 3 Park Avenue, Suite 2300 New York, NY 10016 (212)-732-3665 Fax (212)-732-1462 _—