Preview
INDEX NO. 032229/2011
(FILED: ROCKLAND COUNTY CLERK 09/01/2011)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF 09/01/2011
SUPREME COURT OF THE STATE OF NEW YORK
Index No.:
COUNTY OF ROCKLAND
owen ennn nnn nn enn nent nen n nent nn enema ne nncnmenenmnnnnnmennnXK
S/C Filed:
PATRICK R. ADELSON,
Plaintiff designates
Plaintiff, Rockland County as the
place of trial
-against-
The basis of venue is
Plaintiffs residence
LEONARD E. MITCHELL and
CELIA A. MITCHELL,
SUMMON
Plaintiff resides at:
Defendants.
25 Hopf Drive
Nanuet, NY 10954
penne nena nnn cnet n ene n ene e eee n enn emeneee!
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 Plaintiff's Attorneys within twenty (20) days after the service of this
summons, exclusive of the day of service (or within thirty (80) 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: Mineola, New York
August 24, 2011
By:
YOWS.
FI CES
ANA M. GO CALVES, ESQ
QF BTl
c™ ie CK
Attorneys for Plaintiff
114 Old Country Road, Suite 308
Mineola, New York 11501
(516) 739-2229
Defendant(s) address:
LEONARD E. MITCHELL: 15-8 catamaount Drive, Spring Valley, NY 10977
CELIA A. MITCHELL: 17 van orden Avenue, #144, Spring Valley, NY 10977
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
meee n enn n nn nnn nnn nnn n teen cece n ene n ene nenennnee, Index No.:
PATRICK R. ADELSON,
Plaintiff,
VERIFIED COMPLAINT
-against-
LEONARD E. MITCHELL and
CELIA A. MITCHELL,
Defendants.
mene enn n nena nn nen e ence nen nennnnennnnnnnnnnnmennnnnXK
Plaintiff, by his attorneys, Law Offices of Martin H. Pollack, as and for his Verified
Complaint herein respectfully alleges, upon information and belief, as follows:
FIRST CAUSE OF ACTION
1 At all times hereinafter mentioned, the plaintiff, PATRICK R. ADELSON, was and
remains a resident of the County of Rockland, State of New York.
At all times hereinafter mentioned, the defendant, LEONARD E. MITCHELL, was and
remains a resident of the County of Rockland, State of New York.
At all times hereinafter mentioned, the defendant, CELIA A. MITCHELL, was and
remains a resident of the County of Rockland, State of New York.
That on or about February 2, 2010, and upon information and belief, the defendant,
LEONARD E. MITCHELL, was the owner of a motor vehicle bearing New York
registration number ESZ2880.
That on or about February 2, 2010, and upon information and belief, the defendant,
LEONARD E. MITCHELL, operated a motor vehicle bearing New York registration
number ESZ2880.
That on or about February 2, 2010, and upon information and belief, the defendant,
LEONARD E. MITCHELL, maintained a motor vehicle bearing New York registration
number ESZ2880.
That on or about February 2, 2010, and upon information and belief, the defendant,
LEONARD E. MITCHELL, managed a motor vehicle bearing New York registration
number ESZ2880.
That on or about February 2, 2010, and upon information and belief, the defendant,
LEONARD E. MITCHELL, controlled a motor vehicle bearing New York registration
number ESZ2880.
That on or about February 2, 2010, and upon information and belief, the defendant,
CELIA A. MITCHELL, was the owner of a motor vehicle bearing New York registration
number ESZ2880.
10 That on or about February 2, 2010, and upon information and belief, the defendant,
CELIA A. MITCHELL, operated a motor vehicle bearing New York registration number
ESZ2880.
11 That on or about February 2, 2010, and upon information and belief, the defendant,
CELIAA. MITCHELL, maintained a motor vehicle bearing New York registration number
ESZ2880.
12. That on or about February 2, 2010, and upon information and belief, the defendant,
CELIA A. MITCHELL, managed a motor vehicle bearing New York registration number
ESZ2880.
13, That on or about February 2, 2010, and upon information and belief, the defendant,
CELIA A. MITCHELL, controlled a motor vehicle bearing New York registration number
ESZ2880.
14 That on or about February 2, 2010, and upon information and belief, the defendant,
LEONARD E. MITCHELL, operated the aforesaid motor vehicle bearing New York
registration number ESZ2880, with the express permission and consent of the
defendant, CELIA A. MITCHELL.
15. That on or about February 2, 2010, and upon information and belief, the defendant,
JOHN LEONARD E. MITCHELL, operated the aforesaid motor vehicle bearing New
York registration number ESZ2880, with the implied permission and consent of the
defendant, CELIA A. MITCHELL.
16. That on or about February 2, 2010, and upon information and belief, the plaintiff,
PATRICK R. ADELSON, owned a motor vehicle bearing New York registration number
13833TX.
17. That on or about February 2, 2010, and upon information and belief, the plaintiff,
PATRICK R. ADELSON, operated a motor vehicle bearing New York registration
number 13833TX.
18 That on or about February 2, 2010, and upon information and belief, the plaintiff,
PATRICK R. ADELSON, managed a motor vehicle bearing New York registration
number 13833TX.
19 That on or about February 2, 2010, and upon information and belief, the plaintiff,
PATRICK R. ADELSON, maintained a motor vehicle bearing New York registration
number 13833TX.
20 That on or about February 2, 2010, and upon information and belief, the plaintiff,
PATRICK R. ADELSON, controlled a motor vehicle bearing New York registration
number 13833TX.
21 That on or about February 2, 2010, and at all times hereinafter mentioned, Jill Lane at
or near its intersection with Sam Law Drive, and its surroundings, was and still is a public
thoroughfare used extensively by the public in general.
22 That on or about February 2, 2010, at the aforesaid location, the aforesaid motor
vehicles came in contact one with the other.
23 That the aforesaid accident and injuries resulting therefrom were due solely and wholly
as a result of the careless and negligent manner in which the defendants owned,
operated, maintained, managed, controlled and/or entrusted their motor vehicle without
the plaintiff in any way contributing thereto.
24. That by reason of the foregoing and the negligence of the defendants, the plaintiff,
PATRICK R. ADELSON, was severely injured, bruised and wounded, suffered, still
suffers and will continue for some time physical pain and bodily injuries and become
sick, sore, lame and disabled and so remained for a considerable length of time.
25 That by reason of the foregoing, the plaintiff, PATRICK R. ADELSON, was compelled
to and did necessarily require medical aid and attention, and did necessarily pay and
become liable thereof for medicines and upon information and belief, the plaintiff,
PATRICK R. ADELSON, will necessarily incur similar expenses.
26 That by reason of the foregoing, the plaintiff, PATRICK R. ADELSON, has been unable
to attend to his usual occupation in the manner required.
27 That by reason of the wrongful, negligent and unlawful actions of the defendants, as
aforesaid, the plaintiff, PATRICK R. ADELSON, sustained serious injury as defined in
Section 5102 (d) of the Insurance Law of the State of New York, and has sustained
economic basic loss as defined in Section 5102 of the Insurance Law.
28 That one or more of the exceptions of §1602 of the Civil Practice law and Rules applies
to the within action.
29 That by reason of the foregoing the defendants herein are liable under Vehicle and
Traffic Law Section 388.
30. As a result of the foregoing, the plaintiff, PATRICK R. ADELSON, has been damaged
in an amount exceeding the jurisdictional limits of all lower Courts which would otherwise
have jurisdiction.
WHEREFORE, Plaintiff demands judgment against the defendant(s), and each of them,
in an amount exceeding the jurisdictional limits of all lower Courts which would otherwise have
jurisdiction; together with the interest, costs and disbursements of this action.
Dated: Mineola, New York
August 24, 2011
THE LAW OFFICES OF p MARTI , POLLACK
Bi
ANA M. GONCALVES, ESQ.
Attorneys for Plaintiff
114 Old Country Road, Suite 308
Mineola, New York 11501
(516) 739-2229
ATTORNEY VERIFICATION
RE: ADELSON V. MITCHELL AND MITCHELL
STATE OF NEW YORK )
SS.
COUNTY OF NASSAU )
The undersigned, an attorney admitted to practice law in the State of New York, associated
with the attorneys for the Plaintiffs, hereby affirms the following to be true: Deponent has
read the foregoing:
SUMMONS AND COMPLAINT
and knows the contents thereof; the same is true to Deponent's own knowledge, except
as to the matters stated to be alleged on information and belief, and as to those matters
Deponent believe it to be true: and the reason this verification is made by Deponent and
not by the Plaintiffs is because the Plaintiffs is not within the county where your Deponent
has his office and/or the Deponent was unavailable to execute this verification. The
grounds of Deponent's knowledge are communications with the Plaintiffs and/or the
officer(s) of the Plaintiffs and copies of Plaintiff's records in Deponent's possession.
The undersigned affirms this statement to be true under the penalties of perjury.
Dated: Mineola, New York
August 24, 2011
ANA M. GONCALVES, ESQ.
Index Number: Year: 2011
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
PATRICK R. ADELSON,
Plaintiff,
-against-
LEONARD E. MITCHELL and
CELIA A. MITCHELL,
Defendant.
SUMMONS AND VERIFIED COMPLAINT
LAW OFFICES OF MARTIN H. POLLACK
Attorney for Plaintiff
114 Old Country Road, Suite 308
Mineola, New York 11501
(516) 739-2229 ---- FAX (516) 739 - 2277
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New
York State, certifies that, upon information and belief and reasonable inquiry ,
on the annexed document are not frivolous.
Dated: August 24, 2011 sone (LQ B
Print Signer's Name Ana M. Goncalves, Esq.
Service of a copy of the within Is hereby admitted.
Dated:
Attorney(s) for
PLE, 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
NOTICE OF ENTRY
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,
it
NOTICE OF SETTLEMENT On ,at M.
Dated: August 24, 2011 THE LAW OFFICES OF MARTIN H. POLLACK
Ana M. Goncalves, Esq.
Attorney(s) for Plaintiff
114 Old Country Road, Suite 308
Mineola, New York 11501
(516) 739-2229
TO:
Attorney/(s):
Preview
INDEX NO. 032229/2011 (FILED: ROCKLAND COUNTY CLERK 09/01/2011) NYSCEF DOC. NO. 1 RECEIVED NYSCEF 09/01/2011 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF ROCKLAND owen ennn nnn nn enn nent nen n nent nn enema ne nncnmenenmnnnnnmennnXK S/C Filed: PATRICK R. ADELSON, Plaintiff designates Plaintiff, Rockland County as the place of trial -against- The basis of venue is Plaintiffs residence LEONARD E. MITCHELL and CELIA A. MITCHELL, SUMMON Plaintiff resides at: Defendants. 25 Hopf Drive Nanuet, NY 10954 penne nena nnn cnet n ene n ene e eee n enn emeneee! 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 Plaintiff's Attorneys within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (80) 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: Mineola, New York August 24, 2011 By: YOWS. FI CES ANA M. GO CALVES, ESQ QF BTl c™ ie CK Attorneys for Plaintiff 114 Old Country Road, Suite 308 Mineola, New York 11501 (516) 739-2229 Defendant(s) address: LEONARD E. MITCHELL: 15-8 catamaount Drive, Spring Valley, NY 10977 CELIA A. MITCHELL: 17 van orden Avenue, #144, Spring Valley, NY 10977 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND meee n enn n nn nnn nnn nnn n teen cece n ene n ene nenennnee, Index No.: PATRICK R. ADELSON, Plaintiff, VERIFIED COMPLAINT -against- LEONARD E. MITCHELL and CELIA A. MITCHELL, Defendants. mene enn n nena nn nen e ence nen nennnnennnnnnnnnnnmennnnnXK Plaintiff, by his attorneys, Law Offices of Martin H. Pollack, as and for his Verified Complaint herein respectfully alleges, upon information and belief, as follows: FIRST CAUSE OF ACTION 1 At all times hereinafter mentioned, the plaintiff, PATRICK R. ADELSON, was and remains a resident of the County of Rockland, State of New York. At all times hereinafter mentioned, the defendant, LEONARD E. MITCHELL, was and remains a resident of the County of Rockland, State of New York. At all times hereinafter mentioned, the defendant, CELIA A. MITCHELL, was and remains a resident of the County of Rockland, State of New York. That on or about February 2, 2010, and upon information and belief, the defendant, LEONARD E. MITCHELL, was the owner of a motor vehicle bearing New York registration number ESZ2880. That on or about February 2, 2010, and upon information and belief, the defendant, LEONARD E. MITCHELL, operated a motor vehicle bearing New York registration number ESZ2880. That on or about February 2, 2010, and upon information and belief, the defendant, LEONARD E. MITCHELL, maintained a motor vehicle bearing New York registration number ESZ2880. That on or about February 2, 2010, and upon information and belief, the defendant, LEONARD E. MITCHELL, managed a motor vehicle bearing New York registration number ESZ2880. That on or about February 2, 2010, and upon information and belief, the defendant, LEONARD E. MITCHELL, controlled a motor vehicle bearing New York registration number ESZ2880. That on or about February 2, 2010, and upon information and belief, the defendant, CELIA A. MITCHELL, was the owner of a motor vehicle bearing New York registration number ESZ2880. 10 That on or about February 2, 2010, and upon information and belief, the defendant, CELIA A. MITCHELL, operated a motor vehicle bearing New York registration number ESZ2880. 11 That on or about February 2, 2010, and upon information and belief, the defendant, CELIAA. MITCHELL, maintained a motor vehicle bearing New York registration number ESZ2880. 12. That on or about February 2, 2010, and upon information and belief, the defendant, CELIA A. MITCHELL, managed a motor vehicle bearing New York registration number ESZ2880. 13, That on or about February 2, 2010, and upon information and belief, the defendant, CELIA A. MITCHELL, controlled a motor vehicle bearing New York registration number ESZ2880. 14 That on or about February 2, 2010, and upon information and belief, the defendant, LEONARD E. MITCHELL, operated the aforesaid motor vehicle bearing New York registration number ESZ2880, with the express permission and consent of the defendant, CELIA A. MITCHELL. 15. That on or about February 2, 2010, and upon information and belief, the defendant, JOHN LEONARD E. MITCHELL, operated the aforesaid motor vehicle bearing New York registration number ESZ2880, with the implied permission and consent of the defendant, CELIA A. MITCHELL. 16. That on or about February 2, 2010, and upon information and belief, the plaintiff, PATRICK R. ADELSON, owned a motor vehicle bearing New York registration number 13833TX. 17. That on or about February 2, 2010, and upon information and belief, the plaintiff, PATRICK R. ADELSON, operated a motor vehicle bearing New York registration number 13833TX. 18 That on or about February 2, 2010, and upon information and belief, the plaintiff, PATRICK R. ADELSON, managed a motor vehicle bearing New York registration number 13833TX. 19 That on or about February 2, 2010, and upon information and belief, the plaintiff, PATRICK R. ADELSON, maintained a motor vehicle bearing New York registration number 13833TX. 20 That on or about February 2, 2010, and upon information and belief, the plaintiff, PATRICK R. ADELSON, controlled a motor vehicle bearing New York registration number 13833TX. 21 That on or about February 2, 2010, and at all times hereinafter mentioned, Jill Lane at or near its intersection with Sam Law Drive, and its surroundings, was and still is a public thoroughfare used extensively by the public in general. 22 That on or about February 2, 2010, at the aforesaid location, the aforesaid motor vehicles came in contact one with the other. 23 That the aforesaid accident and injuries resulting therefrom were due solely and wholly as a result of the careless and negligent manner in which the defendants owned, operated, maintained, managed, controlled and/or entrusted their motor vehicle without the plaintiff in any way contributing thereto. 24. That by reason of the foregoing and the negligence of the defendants, the plaintiff, PATRICK R. ADELSON, was severely injured, bruised and wounded, suffered, still suffers and will continue for some time physical pain and bodily injuries and become sick, sore, lame and disabled and so remained for a considerable length of time. 25 That by reason of the foregoing, the plaintiff, PATRICK R. ADELSON, was compelled to and did necessarily require medical aid and attention, and did necessarily pay and become liable thereof for medicines and upon information and belief, the plaintiff, PATRICK R. ADELSON, will necessarily incur similar expenses. 26 That by reason of the foregoing, the plaintiff, PATRICK R. ADELSON, has been unable to attend to his usual occupation in the manner required. 27 That by reason of the wrongful, negligent and unlawful actions of the defendants, as aforesaid, the plaintiff, PATRICK R. ADELSON, sustained serious injury as defined in Section 5102 (d) of the Insurance Law of the State of New York, and has sustained economic basic loss as defined in Section 5102 of the Insurance Law. 28 That one or more of the exceptions of §1602 of the Civil Practice law and Rules applies to the within action. 29 That by reason of the foregoing the defendants herein are liable under Vehicle and Traffic Law Section 388. 30. As a result of the foregoing, the plaintiff, PATRICK R. ADELSON, has been damaged in an amount exceeding the jurisdictional limits of all lower Courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff demands judgment against the defendant(s), and each of them, in an amount exceeding the jurisdictional limits of all lower Courts which would otherwise have jurisdiction; together with the interest, costs and disbursements of this action. Dated: Mineola, New York August 24, 2011 THE LAW OFFICES OF p MARTI , POLLACK Bi ANA M. GONCALVES, ESQ. Attorneys for Plaintiff 114 Old Country Road, Suite 308 Mineola, New York 11501 (516) 739-2229 ATTORNEY VERIFICATION RE: ADELSON V. MITCHELL AND MITCHELL STATE OF NEW YORK ) SS. COUNTY OF NASSAU ) The undersigned, an attorney admitted to practice law in the State of New York, associated with the attorneys for the Plaintiffs, hereby affirms the following to be true: Deponent has read the foregoing: SUMMONS AND COMPLAINT and knows the contents thereof; the same is true to Deponent's own knowledge, except as to the matters stated to be alleged on information and belief, and as to those matters Deponent believe it to be true: and the reason this verification is made by Deponent and not by the Plaintiffs is because the Plaintiffs is not within the county where your Deponent has his office and/or the Deponent was unavailable to execute this verification. The grounds of Deponent's knowledge are communications with the Plaintiffs and/or the officer(s) of the Plaintiffs and copies of Plaintiff's records in Deponent's possession. The undersigned affirms this statement to be true under the penalties of perjury. Dated: Mineola, New York August 24, 2011 ANA M. GONCALVES, ESQ. Index Number: Year: 2011 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND PATRICK R. ADELSON, Plaintiff, -against- LEONARD E. MITCHELL and CELIA A. MITCHELL, Defendant. SUMMONS AND VERIFIED COMPLAINT LAW OFFICES OF MARTIN H. POLLACK Attorney for Plaintiff 114 Old Country Road, Suite 308 Mineola, New York 11501 (516) 739-2229 ---- FAX (516) 739 - 2277 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry , on the annexed document are not frivolous. Dated: August 24, 2011 sone (LQ B Print Signer's Name Ana M. Goncalves, Esq. Service of a copy of the within Is hereby admitted. Dated: Attorney(s) for PLE, 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 NOTICE OF ENTRY 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, it NOTICE OF SETTLEMENT On ,at M. Dated: August 24, 2011 THE LAW OFFICES OF MARTIN H. POLLACK Ana M. Goncalves, Esq. Attorney(s) for Plaintiff 114 Old Country Road, Suite 308 Mineola, New York 11501 (516) 739-2229 TO: Attorney/(s):