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FILED: QUEENS COUNTY CLERK 12/07/2012 INDEX NO. 703101/2012
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/07/2012
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS Index No.:
-----------------------------------------------------------------------X FILED WITH CLERK OF
BRAULIO FISCAL, COURT ON: 12/7/2012
P laintiff designates
Plaintiff, QUEENS
County as the place of trial
-against-
The basis of the venue is
DEFENDANT 'S PLACE
OF RESIDENCE:
MAN YIU NG,
1862 Stockholm Street
Defendant. Ridgewood, NY 11385
SUMMONS
County of Queens
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To the above named 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 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 case
of your failure to appear or answer, judgment will be taken against you by default for the
relief demanded in the complaint.
Dated, New York, New York
December 5, 2012
Defendant's address:
MAN YIU NG - 1862 STOCKHOLM STREET, RIDGEWOOD, NY 11385
_______________________
LITMAN & LITMAN, P.C.
By: Jeffrey E. Litman, Esq.
Attorneys for Plaintiff
299 Broadway, Ste 1601
New York, NY 10007
(212) 732-3710
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------X
BRAULIO FISCAL,
VERIFIED COMPLAINT
Plaintiff(s),
-against-
MAN YIU NG,
Defendant(s).
-----------------------------------------------------------------------X
Plaintiff(s), complaining of the defendant(s), by attorneys, LITMAN & LITMAN,
P.C., respectfully shows to this Court and alleges:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF BRAULIO FISCAL
1. That at times hereinafter mentioned, the plaintiff was a resident of the
above named County, in the State of New York.
2. Upon information and belief, that at all times hereinafter mentioned,
the defendant(s) motor vehicle bearing, New York State Registration Plate #ECV8829, was
owned by the defendant, MAN YIU NG.
3. Upon information and belief, that at all times hereinafter mentioned,
the defendant(s) motor vehicle bearing, New York State Registration Plate #ECV8829, was
the driven by the defendant, MAN YIU NG.
-1-
4. Upon information and belief, that at all the times hereinafter
mentioned, the accident occurred on the date described below, in the State of New York,
in the location described below on a public highway much used and traveled by the general
public.
Date: December 15, 2009
Location: Stanhope Street at its intersection with Woodward Avenue,
County of Queens, State of New York.
5. Upon information and belief, that at all the times hereinafter
mentioned, the accident occurred while the plaintiff, BRAULIO FISCAL, a pedestrian was
struck by a vehicle owned and operated by defendant, MAN YIU NG, causing the plaintiff
to sustain severe and serious personal injuries.
6. The defendant was negligent in failing to have his motor vehicle
in proper condition and repair; in failing to observe the road and more particularly the
plaintiff(s); in failing to keep a proper and adequate look out; in being inattentive ; in
proceeding at an excessive, dangerous and unlawful rate of speed under the circumstances
then and there existing; in driving carelessly; in failing to keep and maintain a safe and
proper distance between his motor vehicle and other vehicles on the public highway; in
failing to make proper use of braking mechanism; in failing to stop in time to avoid this
occurrence; in failing to obey traffic signals, controls and regulations in failing to yielded the
right of way; in failing to have the motor vehicle(s) in violation of the Vehicle and Traffic Law
of the State of New York, the Code of Ordinances and various statutes applicable thereto;
and in general the said defendants were otherwise careless, negligent, imprudent and
hazardous in the ownership, operation, management and control of his motor vehicle.
-2-
7. That the occurrence or said accident and the resulting injury to the
above named plaintiff, was caused solely by the negligence of the defendant(s), their
officers, officials, agents, servants and/or employees and through no fault or negligence
on the part of the plaintiff contributing thereto.
8. That by reason of the foregoing, and by reason of the negligence of
the defendant(s), as aforesaid, the above named plaintiff was severely and seriously
injured, seriously injured, bruised and wounded, so that she became sick, ore, lame and
disabled and so remains; suffered, still suffers and upon information and belief, will
continue to suffer for some time to come great physical and mental pain and great bodily
injury; she required medical aid and attention, and upon information and belief, will in the
future, require and be caused to spend diverse and large sums of money in an attempt to
cure her of said injuries for medical aid and attention, and upon information and belief, will
in the future, be incapacitated from attending to his employment and vocation, and upon
information and belief, the plaintiff has been permanently.
9. That this action falls within one or more of the exception as
set forth in C.P.L.R. Sub-Section 1602.
10. That by reason thereof, plaintiff is entitled to recover for non-
economic loss and for such economic losses as are not included within the definition of
"basic economic as are not included within the definition of "basic economic loss" as set
for forth in Section 5104, Subdivision A of the Insurance Law of the State of New York.
11. That plaintiff is a "covered person" as defined by Section
5102(d) and 5104(a), of the Insurance Law of the State of New York.
12. That this action falls within one or more of the exceptions as
set forth in C.P.L.R. Sub-Section 1602.
-3-
13. That by reason of the foregoing, the plaintiff has been damaged in the sum
stated in the "Wherefore" clause.
WHEREFORE, Plaintiff demands judgment against the defendant together
with costs and disbursements of this cause of action. The amount sought exceeds the
jurisdiction limits of all courts lower than the Supreme Court.
Dated: December 5, 2012
_______________________
JEFFREY E. LITMAN, ESQ.
LITMAN & LITMAN, P.C.
Attorneys for the Plaintiff
299 BROADWAY, STE 1601
NEW YORK, NEW YORK 10007
(212) 732-3710
-6-
STATE OF NEW YORK )
SS:
COUNTY OF NEW YORK )
JEFFREY E. LITMAN, being an attorney, duly licensed to practice in the State of New York, affirms
the following is true under the penalties of perjury:
That I am the attorney for the plaintiff(s) in the within action and maintain my offices at 299 Broadway,
New York, New York 10007.
That I have read the foregoing instrument and know the contents thereof; that the same is true to my
own knowledge except as to the matters therein stated to be alleged upon information and belief and that
as to those matters I believe it to be true.
Deponent further says that the grounds of his belief as to all matters not stated upon his knowledge,
are based upon written data and reports in my file and upon conversations and correspondence with the
plaintiff(s) and upon the investigation made by the office of your deponent.
The reason why this verification is made by deponent and not by the plaintiff(s) is that the plaintiff(s),
or one of them, reside outside of the County of New York, The County wherein your deponent maintains his
office for the practice of his profession.
Dated: New York, New York
December 5, 2012
________________________
JEFFREY E. LITMAN
INDEX NO.: Year
SUPREME COURT OF THE CITY OF NEW YORK
COUNTY OF QUEENS
BRAULIO FISCAL,
Plaintiff,
-against-
MAN YIU NG,
Defendant.
------------------------------------------------------------------------------------------------------------------------------------------
SUMMONS AND VERIFIED COMPLAINT
___________________________________________________________________________
LITMAN & LITMAN, PC.
Attorneys for Plaintiff
299 Broadway, Suite 1601
New York, New York 10007
(212) 732-3710
Pursuant to 22 NYCRR 130-1.1 the undersigned, an attorney admitted to practice in the courts of New
York State, certified that, upon information and belief and reasonable inquiry, the contentions contained
in the annexed document are not frivolous.
Dated:
12/7/2012 _______________________________________________________
Signature
JEFFREY E. LITMAN
Service of a copy of the within is hereby admitted.
Dated: December 5, 2012
________________________________
Attorney(s) for
PLEASE TAKE NOTICE
that the within is a (certified) true copy of a
entered in the office of the clerk of the within named Court on
20 That an Order of which the within is a true copy will be presented for settlement to
the Hon. one of the judges of the within named Court,
at
on 20 , at M.
Dated:
LITMAN & LITMAN, P.C.
Attorneys for
299 Broadway, Suite 1601
New York, New York 10007
(212) 732-3710
Preview
FILED: QUEENS COUNTY CLERK 12/07/2012 INDEX NO. 703101/2012 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/07/2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No.: -----------------------------------------------------------------------X FILED WITH CLERK OF BRAULIO FISCAL, COURT ON: 12/7/2012 P laintiff designates Plaintiff, QUEENS County as the place of trial -against- The basis of the venue is DEFENDANT 'S PLACE OF RESIDENCE: MAN YIU NG, 1862 Stockholm Street Defendant. Ridgewood, NY 11385 SUMMONS County of Queens ------------------------------------------------------------------------ To the above named 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 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 case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated, New York, New York December 5, 2012 Defendant's address: MAN YIU NG - 1862 STOCKHOLM STREET, RIDGEWOOD, NY 11385 _______________________ LITMAN & LITMAN, P.C. By: Jeffrey E. Litman, Esq. Attorneys for Plaintiff 299 Broadway, Ste 1601 New York, NY 10007 (212) 732-3710 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------X BRAULIO FISCAL, VERIFIED COMPLAINT Plaintiff(s), -against- MAN YIU NG, Defendant(s). -----------------------------------------------------------------------X Plaintiff(s), complaining of the defendant(s), by attorneys, LITMAN & LITMAN, P.C., respectfully shows to this Court and alleges: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF BRAULIO FISCAL 1. That at times hereinafter mentioned, the plaintiff was a resident of the above named County, in the State of New York. 2. Upon information and belief, that at all times hereinafter mentioned, the defendant(s) motor vehicle bearing, New York State Registration Plate #ECV8829, was owned by the defendant, MAN YIU NG. 3. Upon information and belief, that at all times hereinafter mentioned, the defendant(s) motor vehicle bearing, New York State Registration Plate #ECV8829, was the driven by the defendant, MAN YIU NG. -1- 4. Upon information and belief, that at all the times hereinafter mentioned, the accident occurred on the date described below, in the State of New York, in the location described below on a public highway much used and traveled by the general public. Date: December 15, 2009 Location: Stanhope Street at its intersection with Woodward Avenue, County of Queens, State of New York. 5. Upon information and belief, that at all the times hereinafter mentioned, the accident occurred while the plaintiff, BRAULIO FISCAL, a pedestrian was struck by a vehicle owned and operated by defendant, MAN YIU NG, causing the plaintiff to sustain severe and serious personal injuries. 6. The defendant was negligent in failing to have his motor vehicle in proper condition and repair; in failing to observe the road and more particularly the plaintiff(s); in failing to keep a proper and adequate look out; in being inattentive ; in proceeding at an excessive, dangerous and unlawful rate of speed under the circumstances then and there existing; in driving carelessly; in failing to keep and maintain a safe and proper distance between his motor vehicle and other vehicles on the public highway; in failing to make proper use of braking mechanism; in failing to stop in time to avoid this occurrence; in failing to obey traffic signals, controls and regulations in failing to yielded the right of way; in failing to have the motor vehicle(s) in violation of the Vehicle and Traffic Law of the State of New York, the Code of Ordinances and various statutes applicable thereto; and in general the said defendants were otherwise careless, negligent, imprudent and hazardous in the ownership, operation, management and control of his motor vehicle. -2- 7. That the occurrence or said accident and the resulting injury to the above named plaintiff, was caused solely by the negligence of the defendant(s), their officers, officials, agents, servants and/or employees and through no fault or negligence on the part of the plaintiff contributing thereto. 8. That by reason of the foregoing, and by reason of the negligence of the defendant(s), as aforesaid, the above named plaintiff was severely and seriously injured, seriously injured, bruised and wounded, so that she became sick, ore, lame and disabled and so remains; suffered, still suffers and upon information and belief, will continue to suffer for some time to come great physical and mental pain and great bodily injury; she required medical aid and attention, and upon information and belief, will in the future, require and be caused to spend diverse and large sums of money in an attempt to cure her of said injuries for medical aid and attention, and upon information and belief, will in the future, be incapacitated from attending to his employment and vocation, and upon information and belief, the plaintiff has been permanently. 9. That this action falls within one or more of the exception as set forth in C.P.L.R. Sub-Section 1602. 10. That by reason thereof, plaintiff is entitled to recover for non- economic loss and for such economic losses as are not included within the definition of "basic economic as are not included within the definition of "basic economic loss" as set for forth in Section 5104, Subdivision A of the Insurance Law of the State of New York. 11. That plaintiff is a "covered person" as defined by Section 5102(d) and 5104(a), of the Insurance Law of the State of New York. 12. That this action falls within one or more of the exceptions as set forth in C.P.L.R. Sub-Section 1602. -3- 13. That by reason of the foregoing, the plaintiff has been damaged in the sum stated in the "Wherefore" clause. WHEREFORE, Plaintiff demands judgment against the defendant together with costs and disbursements of this cause of action. The amount sought exceeds the jurisdiction limits of all courts lower than the Supreme Court. Dated: December 5, 2012 _______________________ JEFFREY E. LITMAN, ESQ. LITMAN & LITMAN, P.C. Attorneys for the Plaintiff 299 BROADWAY, STE 1601 NEW YORK, NEW YORK 10007 (212) 732-3710 -6- STATE OF NEW YORK ) SS: COUNTY OF NEW YORK ) JEFFREY E. LITMAN, being an attorney, duly licensed to practice in the State of New York, affirms the following is true under the penalties of perjury: That I am the attorney for the plaintiff(s) in the within action and maintain my offices at 299 Broadway, New York, New York 10007. That I have read the foregoing instrument and know the contents thereof; that the same is true to my own knowledge except as to the matters therein stated to be alleged upon information and belief and that as to those matters I believe it to be true. Deponent further says that the grounds of his belief as to all matters not stated upon his knowledge, are based upon written data and reports in my file and upon conversations and correspondence with the plaintiff(s) and upon the investigation made by the office of your deponent. The reason why this verification is made by deponent and not by the plaintiff(s) is that the plaintiff(s), or one of them, reside outside of the County of New York, The County wherein your deponent maintains his office for the practice of his profession. Dated: New York, New York December 5, 2012 ________________________ JEFFREY E. LITMAN INDEX NO.: Year SUPREME COURT OF THE CITY OF NEW YORK COUNTY OF QUEENS BRAULIO FISCAL, Plaintiff, -against- MAN YIU NG, Defendant. ------------------------------------------------------------------------------------------------------------------------------------------ SUMMONS AND VERIFIED COMPLAINT ___________________________________________________________________________ LITMAN & LITMAN, PC. Attorneys for Plaintiff 299 Broadway, Suite 1601 New York, New York 10007 (212) 732-3710 Pursuant to 22 NYCRR 130-1.1 the undersigned, an attorney admitted to practice in the courts of New York State, certified that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: 12/7/2012 _______________________________________________________ Signature JEFFREY E. LITMAN Service of a copy of the within is hereby admitted. Dated: December 5, 2012 ________________________________ Attorney(s) for PLEASE TAKE NOTICE that the within is a (certified) true copy of a entered in the office of the clerk of the within named Court on 20 That an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, at on 20 , at M. Dated: LITMAN & LITMAN, P.C. Attorneys for 299 Broadway, Suite 1601 New York, New York 10007 (212) 732-3710