Preview
' ETTED:=_NEW_YORK_cl
D NTY_CLERK_07/02/72013) NDEX NO 60
« NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YORK DATE INDEX NO.FILED:
eee ee ne ree neem ene nite etnenen tate nate tne ence enter pen meteresinerene
FELIPE TRISTAN,
INDEX #:
Plaintiff,
Plaintiff designates
New York County
as place of trial
-against-
The basis of venue is
Defendant's Residence
RIVERSIDE RADIO DISPATCHER, INC., and
JOHN DOE NO. 1, representing the owner/operator SUMMONS
of the vehicle in which Plaintiff was a passenger
Defendants. Defendant's Address:
1642 St. Nicholas Ave.
nonee ——-X New York, NY 10040
TO THE ABOVE NAMED DEFENDANTS:
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 Plaintiffs Attorney 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 New
York); and in the case of your failure to appear or answer, judgment will be taken
against you by default for the relief demanded in the complaint.
Dated: Spring Valley, N.Y.
June , 2013 BARR PQ6IT & ASSOCIA S, PLLC
Attorneys for Paint
BY: Y/Mg)
raig A. Post, Esq.
664 Zhestnut Ridge Road
Spring Valley, N.Y. 10977
(845) 352-4080
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DEFENDANTS' ADDRESS
Riverside Radio Dispatcher, Inc.
1642 St. Nicholas Avenue
New York, New York 10040
John Doe No. 1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
aaa eae rect X INDEX NO,
FELIPE TRISTAN,
Plaintiffs, VERIFIED COMPLAINT
-against-
RIVERSIDE RADIO DISPATCHER, INC. and
JOHN DOE No. 1, representing the owner/operator
of the vehicle in which Plaintiff was a passenger.
Defendants.
ene neem X
The plaintiffs, complaining of the defendants, by their attorneys, BARR POST &
ASSOCIATES, PLLC, respectfully sets forth and allege, upon information and belief, as
follows:
1 That at all times hereinafter mentioned, Plaintiff FELIPE TRISTAN was
and still is a resident of the State of New York and more particularly, at 81-11 Pettit
Ave., Apt. 5A, Elmhurst, New York 11373.
2. That at all times hereinafter mentioned, the Defendant, RIVERSIDE
RADIO DISPATCHER, INC. (hereinafter referred to as “RIVERSIDE’), is a domestic
corporation organized and existing under and by virtue of the laws ofthe State of New
York.
3 That at all times hereinafter mentioned, the Defendant, RIVERSIDE,
maintained a principal place of business at 1642 St. Nicholas Avenue, New York, New
York 10040.
4 That at all times hereinafter mentioned, the defendant RIVERSIDE was
doing business under the firm name and style of RIVERSIDE TAXI.
~~
5 That at all times hereinafter mentioned, Defendant, RIVERSIDE owned a
Chevrolet Suburban vehicle bearing an unknown New York State license plate.
6 That at all times hereinafter mentioned, the Defendant, RIVERSIDE,
operated the Chevrolet Suburban vehicle bearing an unknown New York State license
plate.
7 That at all times hereinafter mentioned, the Defendant, RIVERSIDE,
managed the Chevrolet Suburban vehicle bearing an unknown New York State license
plate.
8 That at all times hereinafter mentioned, the Defendant, RIVERSIDE,
maintained the Chevrolet Suburban vehicle bearing an unknown New York State
license plate.
9 That at all times hereinafter mentioned, the Defendant, RIVERSIDE,
controlled the Chevrolet Suburban vehicle bearing an unknown New York State license
plate.
10. That at all times hereinafter mentioned, Defendant, JOHN DOE NO. 1,
owned a Chevrolet Suburban vehicle bearing an unknown New York State license
plate.
11. That at all times hereinafter mentioned, the Defendant, JOHN DOE NO. 1,
operated the Chevrolet Suburban vehicle bearing an unknown New York State license
plate.
12, That at all times hereinafter mentioned, the Defendant, JOHN DOE NO. 1,
managed the Chevrolet Suburban vehicle bearing an unknown New York State license
plate.
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13. That at all tines hereinafter mentioned, the Defendant, JOHN DOE NO. 1,
maintained the Chevrolet Suburban vehicle bearing an unknown New York State
license plate.
14. That at all times hereinafter mentioned, the Defendant, JOHN DOE NO. 1,
controlled the Chevrolet Suburban vehicle bearing an unknown New York State license
plate.
15. That at all times hereinafter mentioned, the Defendant, JOHN DOE NO. 1,
operated the Chevrolet Suburban with the knowledge, permission and consent of
RIVERSIDE.
16. That on or about October 30, 2011 the Plaintiff, FELIPE TRISTAN, was
lawfully a passenger in the Chevrolet Suburban motor vehicle bearing an unknown New
York State license plate.
17. That at all times hereinafter mentioned, the FDR East River Drive
Northbound in the County and State of New York, was and still is a public highway and
thoroughfare, and as such the vehicles using the same were obligated to obey the
Vehicle and Traffic Laws of the State of New York.
18. On or about the 30th day of October, 2011, the vehicle owned by the
Defendant, RIVERSIDE and operated by JOHN DOE NO. 1 was in contact and collision
with other motor vehicles causing the Plaintiff herein to suffer serious, severe and
protracted personal injuries as are hereinafter set forth.
19. The aforementioned contact and collision and the injuries resulting
therefrom, occurred solely and wholly as a result of the negligence, carelessness and
i recklessness of the Defendants in the ownership, operation, management,
i
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maintenance and control of their respective vehicle without this Plaintiff in any way
contributing thereto.
20, That by reason of the foregoing and the negligence of the Defendants as
aforesaid, the Plaintiff sustained serious, severe and permanent injuries to his head,
limbs and body, suffered, still and will continue to suffer for some time great physical
and mental pain and serious bodily injury; became, sick, sore, lame and disabled and
will so remain for a considerable length of time.
21. That by reason of the foregoing and the negligence of the Defendants as
aforesaid, the Plaintiff sustained serious injuries as defined in Subdivision (d) of Section
5102 of the Insurance Law of the State of New York, and/or sustained economic loss
greater than basic economic loss as defined in Subdivision (a) of the said Insurance
Law.
22, That by reason of the foregoing, and the negligence of the Defendants as
aforesaid, the Plaintiff is informed and verily believe his aforesaid injuries are
permanent and he will permanently suffer from the effects of the aforesaid injuries and
he will be caused to suffer permanent and continuous pain and inconvenience.
23. That by reason of the foregoing, the Plaintiff was compelled to and did
necessarily require medical aid and attention and did necessarily pay and become
liable therefore for said medical aid and attention.
24, That Defendant's joint and several liability to the Plaintiff is not limited
pursuant to CPLR 1601 by reason of the exceptions thereto set forth in CPLR 1602.
25. As a result of the aforementioned, the Plaintiff has been damaged in a sum
which far exceeds the jurisdictional limits of all lower courts in the State of New York
-4-
having jurisdiction of such matters,
WHEREFORE, the Plaintiffs demand judgment against the Defendants
in the sum which far exceeds the jurisdictional limits of all lower courts in the State of New
York having jurisdiction of such matters together with interest, costs and disbursements
of this action.
DATED: June SO, 2013
Spring Valley, New York
BARR POST/& ASSOC S, PLLC
Attorney# foy Plaintiff
By:
Craig A/Post, Esq.
664 Chestnut Ridge Road
Spring Valley, NY 10977
(845) 352-4080
—5—
VERIFICATION
STATE OF NEW YORK )
8s.:
COUNTY OF ROCKLAND )
|, the undersigned, am an attorney admitted to practice in the Courts of New York
State, and verify that | am the attorney of record, or of counsel with the attorneys of
record for the Plaintiffs. | have read the annexed COMPLAINT and know the contents
thereof and the same are true to my knowledge, except those matters therein which are
stated to be alleged on information and belief, and as to those matters | believe them to
be true. My belief, as to those matters therein not stated upon knowledge, is based
upon the following: books, records and documents contained in deponent's file and
conversations had with Plaintiff. The reason | make this affirmation instead of Plaintiffs
is because Plaintiffs reside outside of the county where the undersigned maintains his
office.
| affirm that the foregoing statements are true jinder penalties of perjury.
Dated:
June. "50.
Spri ng alley, New York
, 2013
. POST
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Preview
' ETTED:=_NEW_YORK_cl D NTY_CLERK_07/02/72013) NDEX NO 60 « NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YORK DATE INDEX NO.FILED: eee ee ne ree neem ene nite etnenen tate nate tne ence enter pen meteresinerene FELIPE TRISTAN, INDEX #: Plaintiff, Plaintiff designates New York County as place of trial -against- The basis of venue is Defendant's Residence RIVERSIDE RADIO DISPATCHER, INC., and JOHN DOE NO. 1, representing the owner/operator SUMMONS of the vehicle in which Plaintiff was a passenger Defendants. Defendant's Address: 1642 St. Nicholas Ave. nonee ——-X New York, NY 10040 TO THE ABOVE NAMED DEFENDANTS: 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 Plaintiffs Attorney 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 New York); and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Spring Valley, N.Y. June , 2013 BARR PQ6IT & ASSOCIA S, PLLC Attorneys for Paint BY: Y/Mg) raig A. Post, Esq. 664 Zhestnut Ridge Road Spring Valley, N.Y. 10977 (845) 352-4080 i i p [ DEFENDANTS' ADDRESS Riverside Radio Dispatcher, Inc. 1642 St. Nicholas Avenue New York, New York 10040 John Doe No. 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK aaa eae rect X INDEX NO, FELIPE TRISTAN, Plaintiffs, VERIFIED COMPLAINT -against- RIVERSIDE RADIO DISPATCHER, INC. and JOHN DOE No. 1, representing the owner/operator of the vehicle in which Plaintiff was a passenger. Defendants. ene neem X The plaintiffs, complaining of the defendants, by their attorneys, BARR POST & ASSOCIATES, PLLC, respectfully sets forth and allege, upon information and belief, as follows: 1 That at all times hereinafter mentioned, Plaintiff FELIPE TRISTAN was and still is a resident of the State of New York and more particularly, at 81-11 Pettit Ave., Apt. 5A, Elmhurst, New York 11373. 2. That at all times hereinafter mentioned, the Defendant, RIVERSIDE RADIO DISPATCHER, INC. (hereinafter referred to as “RIVERSIDE’), is a domestic corporation organized and existing under and by virtue of the laws ofthe State of New York. 3 That at all times hereinafter mentioned, the Defendant, RIVERSIDE, maintained a principal place of business at 1642 St. Nicholas Avenue, New York, New York 10040. 4 That at all times hereinafter mentioned, the defendant RIVERSIDE was doing business under the firm name and style of RIVERSIDE TAXI. ~~ 5 That at all times hereinafter mentioned, Defendant, RIVERSIDE owned a Chevrolet Suburban vehicle bearing an unknown New York State license plate. 6 That at all times hereinafter mentioned, the Defendant, RIVERSIDE, operated the Chevrolet Suburban vehicle bearing an unknown New York State license plate. 7 That at all times hereinafter mentioned, the Defendant, RIVERSIDE, managed the Chevrolet Suburban vehicle bearing an unknown New York State license plate. 8 That at all times hereinafter mentioned, the Defendant, RIVERSIDE, maintained the Chevrolet Suburban vehicle bearing an unknown New York State license plate. 9 That at all times hereinafter mentioned, the Defendant, RIVERSIDE, controlled the Chevrolet Suburban vehicle bearing an unknown New York State license plate. 10. That at all times hereinafter mentioned, Defendant, JOHN DOE NO. 1, owned a Chevrolet Suburban vehicle bearing an unknown New York State license plate. 11. That at all times hereinafter mentioned, the Defendant, JOHN DOE NO. 1, operated the Chevrolet Suburban vehicle bearing an unknown New York State license plate. 12, That at all times hereinafter mentioned, the Defendant, JOHN DOE NO. 1, managed the Chevrolet Suburban vehicle bearing an unknown New York State license plate. I | -2- I 13. That at all tines hereinafter mentioned, the Defendant, JOHN DOE NO. 1, maintained the Chevrolet Suburban vehicle bearing an unknown New York State license plate. 14. That at all times hereinafter mentioned, the Defendant, JOHN DOE NO. 1, controlled the Chevrolet Suburban vehicle bearing an unknown New York State license plate. 15. That at all times hereinafter mentioned, the Defendant, JOHN DOE NO. 1, operated the Chevrolet Suburban with the knowledge, permission and consent of RIVERSIDE. 16. That on or about October 30, 2011 the Plaintiff, FELIPE TRISTAN, was lawfully a passenger in the Chevrolet Suburban motor vehicle bearing an unknown New York State license plate. 17. That at all times hereinafter mentioned, the FDR East River Drive Northbound in the County and State of New York, was and still is a public highway and thoroughfare, and as such the vehicles using the same were obligated to obey the Vehicle and Traffic Laws of the State of New York. 18. On or about the 30th day of October, 2011, the vehicle owned by the Defendant, RIVERSIDE and operated by JOHN DOE NO. 1 was in contact and collision with other motor vehicles causing the Plaintiff herein to suffer serious, severe and protracted personal injuries as are hereinafter set forth. 19. The aforementioned contact and collision and the injuries resulting therefrom, occurred solely and wholly as a result of the negligence, carelessness and i recklessness of the Defendants in the ownership, operation, management, i i —3- maintenance and control of their respective vehicle without this Plaintiff in any way contributing thereto. 20, That by reason of the foregoing and the negligence of the Defendants as aforesaid, the Plaintiff sustained serious, severe and permanent injuries to his head, limbs and body, suffered, still and will continue to suffer for some time great physical and mental pain and serious bodily injury; became, sick, sore, lame and disabled and will so remain for a considerable length of time. 21. That by reason of the foregoing and the negligence of the Defendants as aforesaid, the Plaintiff sustained serious injuries as defined in Subdivision (d) of Section 5102 of the Insurance Law of the State of New York, and/or sustained economic loss greater than basic economic loss as defined in Subdivision (a) of the said Insurance Law. 22, That by reason of the foregoing, and the negligence of the Defendants as aforesaid, the Plaintiff is informed and verily believe his aforesaid injuries are permanent and he will permanently suffer from the effects of the aforesaid injuries and he will be caused to suffer permanent and continuous pain and inconvenience. 23. That by reason of the foregoing, the Plaintiff was compelled to and did necessarily require medical aid and attention and did necessarily pay and become liable therefore for said medical aid and attention. 24, That Defendant's joint and several liability to the Plaintiff is not limited pursuant to CPLR 1601 by reason of the exceptions thereto set forth in CPLR 1602. 25. As a result of the aforementioned, the Plaintiff has been damaged in a sum which far exceeds the jurisdictional limits of all lower courts in the State of New York -4- having jurisdiction of such matters, WHEREFORE, the Plaintiffs demand judgment against the Defendants in the sum which far exceeds the jurisdictional limits of all lower courts in the State of New York having jurisdiction of such matters together with interest, costs and disbursements of this action. DATED: June SO, 2013 Spring Valley, New York BARR POST/& ASSOC S, PLLC Attorney# foy Plaintiff By: Craig A/Post, Esq. 664 Chestnut Ridge Road Spring Valley, NY 10977 (845) 352-4080 —5— VERIFICATION STATE OF NEW YORK ) 8s.: COUNTY OF ROCKLAND ) |, the undersigned, am an attorney admitted to practice in the Courts of New York State, and verify that | am the attorney of record, or of counsel with the attorneys of record for the Plaintiffs. | have read the annexed COMPLAINT and know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters | believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: books, records and documents contained in deponent's file and conversations had with Plaintiff. The reason | make this affirmation instead of Plaintiffs is because Plaintiffs reside outside of the county where the undersigned maintains his office. | affirm that the foregoing statements are true jinder penalties of perjury. Dated: June. "50. Spri ng alley, New York , 2013 . POST ~6-