Preview
INDEX NO. 150879/2014
(FILED: NEW YORK COUNTY CLERK 0172972014)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/29/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.
Date Purchased
Plaintiff(s) designate(s)
TERELL FRITH, NEW YORK
County as the place of trial.
Plaintiff,
The basis of venue is
-against- plaintiff's address
CITYWIDE MOBILE RESPONSE CORP. and SUMMONS
KARLIM S. EDMONDS, Plaintiff(s)’ address:
Defendants. 120 West 93% Street, 17]
New York, New York 10024
To the above named Defendant(s):
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 (or within 30
days after the service is complete if this summons is not personally delivered to you within the State of New
York); 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.
NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents
to Section 202.5-bb of the Uniform Rules for the Trial Courts.
with the County Clerk, is subject to mandatory electronic filing pursuant
This notice is being served as required by Subdivision (b) (3) of that Section.
The New York State Courts Electronic Filing System (“NYSCEF”) is designed for the electronic filing of documents with the
County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and
self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by
Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure
to do so may result in an inability to receive electronic notice of document filings.
Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer
equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to
participate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF
website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us.
Dated: New York, New York JAROSLAWICZ & JAROS, LLC
January 29, 2014 Attorneys for Plaintiff
225 Broadway, 24" Floor
New York, New York 10007
(212) 227-2780 a
dj@lawjarog.c m ee 7?
By:
avid Jaroslawicz
Defendant(s) address(es):
CITYWIDE MOBILE RESPONSE CORP. KARLIM S. EDMONDS
1624 Stillwell Avenue 2474 Edavidson Avenue, 2A
Bronx, New York 10461-2214 Bronx, New York 10468
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
TERELL FRITH, Index No.
Plaintiff, VERIFIED COMPLAINT
-against-
CITYWIDE MOBILE RESPONSE CORP. and
KARLIM S. EDMONDS,
Defendants.
Xx
Plaintiff, by his attorneys, Jaroslawicz & Jaros, complaining of the defendants, upon
information and belief, alleges as follows:
THE PARTIES
1 At all times hereinafter mentioned, plaintiff is a resident of the State of New
York, County of New York.
2. At all times hereinafter mentioned, defendant Citywide Mobile Response
Corp. (“CMRC’”) is a domestic corporation, duly organized and existing under and by
virtue of the laws of the State of New York.
2 Atall times hereinafter mentioned, defendant CMRC owned a motor vehicle
bearing New York license plate number 14889ET.
4. At all times hereinafter mentioned, defendant Karlim S. Edmonds
(“Edmonds”) was operating the aforementioned vehicle.
5 At all times hereinafter mentioned, defendant Edmonds was operating the
aforementioned vehicle with the actual and/or implied consent of defendant CMRC.
6. At all times hereinafter mentioned, upon information and belief, defendant
Edmonds was operating the aforementioned vehicle within the scope of his employment
for CMRC.
THE UNDERLYING FACTS
7. Atall times hereinafter mentioned, West 125" Street and Old Broadway was
and is a public thoroughfare in the State of New York, County of New York.
8 On or about December 16, 2013, plaintiff was lawfully a pedestrian in the
aforementioned vicinity.
9. Due to the defendants’ recklessness, carelessness and negligence, plaintiff was
caused to suffer severe and permanent personal injuries when he was struck by the
defendants’ vehicle.
10. Plaintiff in this action has suffered serious injuries as defined by the No-Fault
Insurance Law of the State of New York.
11. That plaintiff in this action is not seeking to recover any monies which are
paid or should be paid through No-Fault Insurance.
12. If the plaintiff executes a release in this action, plaintiff does not intend to
release any claims by any insurance carrier for any monies paid for no-fault benefits or any
claims for subrogation or any claims other than the plaintiff's own claims for pain and
suffering and the amount of special damages exceeding those paid under No-Fault.
13. The amounts sought herein exceed the jurisdiction of the lower courts.
AS AND FOR A FIRST CAUSE OF ACTION
14. The defendants were reckless, careless and negligent in operating the vehicle
at an excessive rate of speed; in failing to make a proper turn, in failing to see what should
be seen; in failing to yield to a pedestrian; in failing to make proper and timely use of
brakes, horns and other devices; in violating the applicable laws, rules and regulations; and
the defendants were otherwise reckless, careless and negligent.
15. Asaresult of the defendants’ negligence, plaintiff was caused to suffer severe
and permanent personal injuries, including injury to his right foot, right ankle, right leg,
neck, back, and spine; fracture of his right middle toe; torn ligament of his right foot which
will necessitate surgery in the future; severe limitation of mobility of his right foot, ankle,
and leg; inability to stand, walk, or ambulate without assistance; cuts, wounds, and bruises
to his right foot and ankle which may result in permanent scarring; requires a crutch to
ambulate; requires a brace for his right foot; confinement to hospital for one day; continual
confinement to home and bed from the date of accident; subsequent emergency treatment,
hospital admissions, and medical procedures; mental and emotional injury; extreme pain
and suffering; mental anguish and distress; and plaintiff has been otherwise damaged, all
of which are permanent in nature and continuing into the future.
16. By reason of the foregoing, defendants are jointly and severally liable
pursuant to the exceptions set forth in the CPLR.
17. It is hereby alleged pursuant to CPLR 1603 that the foregoing cause of action
is exempt from the operation of CPLR 1601 by reason of one or more of the exemptions
provided in CPLR 1602, including but not limited to CPLR 1602(7) in that the defendants
acted with reckless disregard for the safety of others.
18. By reason of the foregoing, plaintiff is entitled to recover all of her damages
from the defendants.
WHEREFORE, plaintiff demands judgment against the defendants, jointly and
severally, to recover all damages, all together with the costs and disbursements of this
action.
JAROSLAWICZ & JAROS, LLC
Attorneys for Plaintiff
225 Broadway, 24" Floor
New York, New York 10007
(212) 227-27 Me
By:
avid Jaroslawicz
DAVID JAROSLAWICZ, a member of the firm of JAROSLAWICZ & JAROS,
attorneys for the plaintiff(s) in the within action, duly admitted to practice in the Courts
of the State of New York, affirms the following statements to be true under the penalties
of perjury, pursuant to Rule 2016 of the CPLR:
That he has read the foregoing Complaint and knows the contents thereof; that the
same is true to his own knowledge except as to those matters therein stated to be alleged
upon information and belief, and that as to those matters, he believes them to be true.
Affiant further states that the source of his information and the grounds of his belief
are derived from the file maintained in the normal course of business of the attorneys for
the plaintiff(s).
Affiant further states that the reason this affirmation is not made by the
plaintiff(s) is that at the time this document was being prepared, the plaintiff(s) was (were)
not within the County of New York, which is the County where the attorney for the
plaintiff(s) herein maintains his office.
Dated: New York, New York
January 29, 2014
) WICZ—
DAVID JAROSL
Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
TERELL FRITH,
Plaintiff,
-against-
CITYWIDE MOBILE RESPONSE CORP. and
KARLIM S. EDMONDS,
Defendants.
Summons & Verified Complaint
LAW OFFICES OF
JAROSLAWICZ & JAROS LLC
225 BROADWAY, 24TH FLOOR
NEw York, NEW YORK 10007
(212) 227-2780
Preview
INDEX NO. 150879/2014 (FILED: NEW YORK COUNTY CLERK 0172972014) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/29/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. Date Purchased Plaintiff(s) designate(s) TERELL FRITH, NEW YORK County as the place of trial. Plaintiff, The basis of venue is -against- plaintiff's address CITYWIDE MOBILE RESPONSE CORP. and SUMMONS KARLIM S. EDMONDS, Plaintiff(s)’ address: Defendants. 120 West 93% Street, 17] New York, New York 10024 To the above named Defendant(s): 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 (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); 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. NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents to Section 202.5-bb of the Uniform Rules for the Trial Courts. with the County Clerk, is subject to mandatory electronic filing pursuant This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Courts Electronic Filing System (“NYSCEF”) is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us. Dated: New York, New York JAROSLAWICZ & JAROS, LLC January 29, 2014 Attorneys for Plaintiff 225 Broadway, 24" Floor New York, New York 10007 (212) 227-2780 a dj@lawjarog.c m ee 7? By: avid Jaroslawicz Defendant(s) address(es): CITYWIDE MOBILE RESPONSE CORP. KARLIM S. EDMONDS 1624 Stillwell Avenue 2474 Edavidson Avenue, 2A Bronx, New York 10461-2214 Bronx, New York 10468 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK TERELL FRITH, Index No. Plaintiff, VERIFIED COMPLAINT -against- CITYWIDE MOBILE RESPONSE CORP. and KARLIM S. EDMONDS, Defendants. Xx Plaintiff, by his attorneys, Jaroslawicz & Jaros, complaining of the defendants, upon information and belief, alleges as follows: THE PARTIES 1 At all times hereinafter mentioned, plaintiff is a resident of the State of New York, County of New York. 2. At all times hereinafter mentioned, defendant Citywide Mobile Response Corp. (“CMRC’”) is a domestic corporation, duly organized and existing under and by virtue of the laws of the State of New York. 2 Atall times hereinafter mentioned, defendant CMRC owned a motor vehicle bearing New York license plate number 14889ET. 4. At all times hereinafter mentioned, defendant Karlim S. Edmonds (“Edmonds”) was operating the aforementioned vehicle. 5 At all times hereinafter mentioned, defendant Edmonds was operating the aforementioned vehicle with the actual and/or implied consent of defendant CMRC. 6. At all times hereinafter mentioned, upon information and belief, defendant Edmonds was operating the aforementioned vehicle within the scope of his employment for CMRC. THE UNDERLYING FACTS 7. Atall times hereinafter mentioned, West 125" Street and Old Broadway was and is a public thoroughfare in the State of New York, County of New York. 8 On or about December 16, 2013, plaintiff was lawfully a pedestrian in the aforementioned vicinity. 9. Due to the defendants’ recklessness, carelessness and negligence, plaintiff was caused to suffer severe and permanent personal injuries when he was struck by the defendants’ vehicle. 10. Plaintiff in this action has suffered serious injuries as defined by the No-Fault Insurance Law of the State of New York. 11. That plaintiff in this action is not seeking to recover any monies which are paid or should be paid through No-Fault Insurance. 12. If the plaintiff executes a release in this action, plaintiff does not intend to release any claims by any insurance carrier for any monies paid for no-fault benefits or any claims for subrogation or any claims other than the plaintiff's own claims for pain and suffering and the amount of special damages exceeding those paid under No-Fault. 13. The amounts sought herein exceed the jurisdiction of the lower courts. AS AND FOR A FIRST CAUSE OF ACTION 14. The defendants were reckless, careless and negligent in operating the vehicle at an excessive rate of speed; in failing to make a proper turn, in failing to see what should be seen; in failing to yield to a pedestrian; in failing to make proper and timely use of brakes, horns and other devices; in violating the applicable laws, rules and regulations; and the defendants were otherwise reckless, careless and negligent. 15. Asaresult of the defendants’ negligence, plaintiff was caused to suffer severe and permanent personal injuries, including injury to his right foot, right ankle, right leg, neck, back, and spine; fracture of his right middle toe; torn ligament of his right foot which will necessitate surgery in the future; severe limitation of mobility of his right foot, ankle, and leg; inability to stand, walk, or ambulate without assistance; cuts, wounds, and bruises to his right foot and ankle which may result in permanent scarring; requires a crutch to ambulate; requires a brace for his right foot; confinement to hospital for one day; continual confinement to home and bed from the date of accident; subsequent emergency treatment, hospital admissions, and medical procedures; mental and emotional injury; extreme pain and suffering; mental anguish and distress; and plaintiff has been otherwise damaged, all of which are permanent in nature and continuing into the future. 16. By reason of the foregoing, defendants are jointly and severally liable pursuant to the exceptions set forth in the CPLR. 17. It is hereby alleged pursuant to CPLR 1603 that the foregoing cause of action is exempt from the operation of CPLR 1601 by reason of one or more of the exemptions provided in CPLR 1602, including but not limited to CPLR 1602(7) in that the defendants acted with reckless disregard for the safety of others. 18. By reason of the foregoing, plaintiff is entitled to recover all of her damages from the defendants. WHEREFORE, plaintiff demands judgment against the defendants, jointly and severally, to recover all damages, all together with the costs and disbursements of this action. JAROSLAWICZ & JAROS, LLC Attorneys for Plaintiff 225 Broadway, 24" Floor New York, New York 10007 (212) 227-27 Me By: avid Jaroslawicz DAVID JAROSLAWICZ, a member of the firm of JAROSLAWICZ & JAROS, attorneys for the plaintiff(s) in the within action, duly admitted to practice in the Courts of the State of New York, affirms the following statements to be true under the penalties of perjury, pursuant to Rule 2016 of the CPLR: That he has read the foregoing Complaint and knows the contents thereof; that the same is true to his own knowledge except as to those matters therein stated to be alleged upon information and belief, and that as to those matters, he believes them to be true. Affiant further states that the source of his information and the grounds of his belief are derived from the file maintained in the normal course of business of the attorneys for the plaintiff(s). Affiant further states that the reason this affirmation is not made by the plaintiff(s) is that at the time this document was being prepared, the plaintiff(s) was (were) not within the County of New York, which is the County where the attorney for the plaintiff(s) herein maintains his office. Dated: New York, New York January 29, 2014 ) WICZ— DAVID JAROSL Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK TERELL FRITH, Plaintiff, -against- CITYWIDE MOBILE RESPONSE CORP. and KARLIM S. EDMONDS, Defendants. Summons & Verified Complaint LAW OFFICES OF JAROSLAWICZ & JAROS LLC 225 BROADWAY, 24TH FLOOR NEw York, NEW YORK 10007 (212) 227-2780