Preview
FILED: NEW YORK COUNTY CLERK 02/07/2020 04:27 PM INDEX NO. 151444/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------- ---- X
NORMAN T. E. LAURILA and
JACQUELINE E. MONTELEONE, as Co-Executors
of the Estate of PETER J. AWN, Deceased,
Plaintiffs,
Plaintiff designates
New York County as the
Place of Trial
-against-
SUMMONS
The basis of venue is
CPLR §503(a)
METRO LIVERY LEASING LLC f/k/a
TOWER WEST FUNDING LLC d/b/a
METRO LIVERY LEASING and
SHIV KUMAR,
Defendants.
--------- -------------------------------X
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, ifthe complaint is not served with the
summons, to serve a notice of appearance, on 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 RICH & RICH, P.C.
February 4, 2020 Attorneys forPlaintiffs
30 Vesey Street, Suite 300
New York, NY 10007
(212) 6-0440
'
By: _
JEF M. CH
Defendant's addresses:
Metro LLC - c/o of State of New York
Livery Leasing Sec'y
- 97*
Shiv Kumar 94-17 Street, Ozone Park, NY
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------ ---------X
NORMAN T. E. LAURILA and
JACQUELINE E. MONTELEONE, as Co-Executors
of the Estate of PETER J.AWN, Deceased,
Plaintiffs,
-against- VERIFIED COMPLAINT
METRO LIVERY LEASING LLC f/k/a
TOWER WEST FUNDING LLC d/b/a
METRO LIVERY LEASING and
SHIV KUMAR,
Defendants.
-- X
Plaintiffs, by their attorneys, RICH & RICH, P.C., complaining of the defêñdants
herein, alleges as follows, upon information and belief:
FIRST CAUSE OF ACTION
1. That prior to the commencement of this action, plaintiffs,NORMAN T. E. LAURILA
and JACQUELINE E. MONTELEONE, were duly appointed Co-Executors ofthe
Estate of PETER J. AWN, deceased, by Decree dated May 14, 2019.
2. That all times hereinafter mentioned, defendant, METRO LIVERY LEASING LLC
f/k/a TOWER WEST FUND1NG LLC was a Domestic Limited Liability Coñrpâiry
organized and existing under and by virtue of the laws of the State of New York.
3. That at all times hereinafter mentioned, METRO LIVERY LEASING LLC f/k/a
TOWER WEST FUND1NG LLC was doing bmins as METRO LIVERY LEASING.
4. That at alltimes hereinafter mentioned, METRO LIVERY LEASING was the owner of
a motor vehicle bearing New York Registration No. T749569C.
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5. That all times hereinafter mentioned, defendant, SHIV KUMAR operated the motor
vehicle bearing New York Registration No. T749569C.
6. That at all times hereinafter mentioned, defendant, SHIV KUMAR, operated the
aforesaid motor vehicle with the consent and permission of defendants, their agents,
servants and/or employees.
25*
7. That on the day of January, 2019, the motor vehicle bearing New York Registration
116*
No. T749569C was being operated on W. Street at or near the intersection of
Claremont Avenue, Borough of Manhattan, City and State of New York.
25*
8. That on the day of January, 2019, decedent, PETER J.AWN was a pedestrian in a
116*
crosswalk on Claremont Avenue at or near the intersection of W. Street, New
York, New York.
25*
9. That on the day of January, 2019, in a crosswalk on Claremont Avenue at or near
116*
the intersectión of W. Street, Borough of Manhattan, City and State of New York,
decedent, PETER J. AWN was struck by the motor vehicle bearing New York
Registration No. T749569C.
7. That the aforesaid occurrence. was due to the negligence of the defendants, their agents,
servants and/or employees, in the ownership, operation, management, maintenance and
control of their aforesaid motor vehicle, in causing, permitting and allowing their motor
vehicle to strike a pedestrian in a crosswalk while their aforesaid motor vehicle was
a left hand in violation of VTL §19-
making turn, § 1101, 1102, 1112, 1151, 1120, 1128;
190 of the Administrative Code of the City of New York; NYC Traffic Rules and
Regulations §4-04(b)(1), and in that they were careless, reckless and negligent in other
respects.
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8. That as a result of the aforesaid occurrence, plaintiff's decedent sustained severe and
serious personal injuries accompanied by conscious pain and that resulted in
suffering
his death on February 17, 2019; plaintiff's decedent required hospital, surgical and
medical care for the treatment of his injuries; he was unable to attend to his vocation and
usual and customary daily activities; and upon information and belief, his injuries are
permanent in nature.
injuries"
9. As a result of the foregoing, plaintiff's decedent has sustained "serious as
defined by Section 5102(d) of the Insurance Law of the State of New York; by reason
thereof, plaintiffs are entitled to recover for non economic loss and for such economic
losses as are not included within the definition of basic economic loss as set forth in
Section 5102(a)(4) of the Insurance Law of the State of New York; and that decedent
was a covered person as defined by Section 5102(j) of the Insurance Law of the
State of New York.
10. That as a result of the aforesaid occurrence, plaintiff s decedent suffered conscious pain
.and suffering in a sum that exceeds the monetary jurisdiction of all lower courts that
might otherwise have jurisdiction herein.
SECOND CAUSE OF ACTION
11. Plaintiffs repeat, reiterate and reallege each and every allegation contained in
"1" "9"
paragraphs of this complaint designated through inclusive, with the same
force and effect as if fully set forth at length herein.
12. That by reason of the foregoing carelessness, recklessness and negligence of
defendants, their agents, servants and/or employees, plaintiff's decedent, PETER J.
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AWN, died on February 17, 2019.
13. That the decedent, PETER J. AWN left surviving next of kin and distributees at law.
14. That as a result of the foregoing, decedêñt's surviving next of kin and distributees at
law have sustained wrongful death daniages in an amount which exceeds the
jurisdiction of all lower courts which might otherwise have jurisdiction herein.
WHEREFORE, plaintiff demands judgment against defendants in a sum that a jury
would find fair,just and adequate.
Rich & Rich, P.C.
Attorneys for Plaintiffs
30 Vesey Street
Suite 300
New York, New York 10007
406 - 0440
(212)
F REY M. RICH
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STATE OF NEW YORK }
} ss.:
COUNTY OF NEW YORK }
Norman T.E. Laurila, being duly sworn, deposes and says:
That he isone of the plaintiffs in the within action.
That he has read the foregoing Complaiñt and knows the contents thereof.
That the same is trueto his own knowledge, except as to the matters therein stated
to be alleged on information and belief, and ose matters she believes itto be
true.
o n T. E. Lauri
Sworn to before me, this
day of
JEFFREY RICH
Notary Public, State of New York
No. 314845896
Qualified in Nassau County
Commission Expires November 30, 20_
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK INDEX NO.:
NORMAN T. E. LAURILA and
JACQUELINE E. MONTELEONE, as Co-Executors
of the Estate of PETER J.AWN, Decesed,
Plaintiffs,
- against -
METRO LIVERY LEASING LLC f/k/a
TOWER WEST FUNDING LLC d/b/a
METRO LIVERY LEASING and
SHIV KUMAR,
Defendants.
SUMMONS and VERIFIED COMPLAINT
Signature (Rule 130-1.1al
RfCEF& CH, P.C.
Attomeys for Plaintiffs
30 Vesey Street
New York, NY 10007
(212) 406-0440
7 of 7
Preview
FILED: NEW YORK COUNTY CLERK 02/07/2020 04:27 PM INDEX NO. 151444/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------- ---- X NORMAN T. E. LAURILA and JACQUELINE E. MONTELEONE, as Co-Executors of the Estate of PETER J. AWN, Deceased, Plaintiffs, Plaintiff designates New York County as the Place of Trial -against- SUMMONS The basis of venue is CPLR §503(a) METRO LIVERY LEASING LLC f/k/a TOWER WEST FUNDING LLC d/b/a METRO LIVERY LEASING and SHIV KUMAR, Defendants. --------- -------------------------------X 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, ifthe complaint is not served with the summons, to serve a notice of appearance, on 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 RICH & RICH, P.C. February 4, 2020 Attorneys forPlaintiffs 30 Vesey Street, Suite 300 New York, NY 10007 (212) 6-0440 ' By: _ JEF M. CH Defendant's addresses: Metro LLC - c/o of State of New York Livery Leasing Sec'y - 97* Shiv Kumar 94-17 Street, Ozone Park, NY 1 of 7 FILED: NEW YORK COUNTY CLERK 02/07/2020 04:27 PM INDEX NO. 151444/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------ ---------X NORMAN T. E. LAURILA and JACQUELINE E. MONTELEONE, as Co-Executors of the Estate of PETER J.AWN, Deceased, Plaintiffs, -against- VERIFIED COMPLAINT METRO LIVERY LEASING LLC f/k/a TOWER WEST FUNDING LLC d/b/a METRO LIVERY LEASING and SHIV KUMAR, Defendants. -- X Plaintiffs, by their attorneys, RICH & RICH, P.C., complaining of the defêñdants herein, alleges as follows, upon information and belief: FIRST CAUSE OF ACTION 1. That prior to the commencement of this action, plaintiffs,NORMAN T. E. LAURILA and JACQUELINE E. MONTELEONE, were duly appointed Co-Executors ofthe Estate of PETER J. AWN, deceased, by Decree dated May 14, 2019. 2. That all times hereinafter mentioned, defendant, METRO LIVERY LEASING LLC f/k/a TOWER WEST FUND1NG LLC was a Domestic Limited Liability Coñrpâiry organized and existing under and by virtue of the laws of the State of New York. 3. That at all times hereinafter mentioned, METRO LIVERY LEASING LLC f/k/a TOWER WEST FUND1NG LLC was doing bmins as METRO LIVERY LEASING. 4. That at alltimes hereinafter mentioned, METRO LIVERY LEASING was the owner of a motor vehicle bearing New York Registration No. T749569C. 2 of 7 FILED: NEW YORK COUNTY CLERK 02/07/2020 04:27 PM INDEX NO. 151444/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2020 5. That all times hereinafter mentioned, defendant, SHIV KUMAR operated the motor vehicle bearing New York Registration No. T749569C. 6. That at all times hereinafter mentioned, defendant, SHIV KUMAR, operated the aforesaid motor vehicle with the consent and permission of defendants, their agents, servants and/or employees. 25* 7. That on the day of January, 2019, the motor vehicle bearing New York Registration 116* No. T749569C was being operated on W. Street at or near the intersection of Claremont Avenue, Borough of Manhattan, City and State of New York. 25* 8. That on the day of January, 2019, decedent, PETER J.AWN was a pedestrian in a 116* crosswalk on Claremont Avenue at or near the intersection of W. Street, New York, New York. 25* 9. That on the day of January, 2019, in a crosswalk on Claremont Avenue at or near 116* the intersectión of W. Street, Borough of Manhattan, City and State of New York, decedent, PETER J. AWN was struck by the motor vehicle bearing New York Registration No. T749569C. 7. That the aforesaid occurrence. was due to the negligence of the defendants, their agents, servants and/or employees, in the ownership, operation, management, maintenance and control of their aforesaid motor vehicle, in causing, permitting and allowing their motor vehicle to strike a pedestrian in a crosswalk while their aforesaid motor vehicle was a left hand in violation of VTL §19- making turn, § 1101, 1102, 1112, 1151, 1120, 1128; 190 of the Administrative Code of the City of New York; NYC Traffic Rules and Regulations §4-04(b)(1), and in that they were careless, reckless and negligent in other respects. 3 of 7 FILED: NEW YORK COUNTY CLERK 02/07/2020 04:27 PM INDEX NO. 151444/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2020 8. That as a result of the aforesaid occurrence, plaintiff's decedent sustained severe and serious personal injuries accompanied by conscious pain and that resulted in suffering his death on February 17, 2019; plaintiff's decedent required hospital, surgical and medical care for the treatment of his injuries; he was unable to attend to his vocation and usual and customary daily activities; and upon information and belief, his injuries are permanent in nature. injuries" 9. As a result of the foregoing, plaintiff's decedent has sustained "serious as defined by Section 5102(d) of the Insurance Law of the State of New York; by reason thereof, plaintiffs are entitled to recover for non economic loss and for such economic losses as are not included within the definition of basic economic loss as set forth in Section 5102(a)(4) of the Insurance Law of the State of New York; and that decedent was a covered person as defined by Section 5102(j) of the Insurance Law of the State of New York. 10. That as a result of the aforesaid occurrence, plaintiff s decedent suffered conscious pain .and suffering in a sum that exceeds the monetary jurisdiction of all lower courts that might otherwise have jurisdiction herein. SECOND CAUSE OF ACTION 11. Plaintiffs repeat, reiterate and reallege each and every allegation contained in "1" "9" paragraphs of this complaint designated through inclusive, with the same force and effect as if fully set forth at length herein. 12. That by reason of the foregoing carelessness, recklessness and negligence of defendants, their agents, servants and/or employees, plaintiff's decedent, PETER J. 4 of 7 FILED: NEW YORK COUNTY CLERK 02/07/2020 04:27 PM INDEX NO. 151444/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2020 AWN, died on February 17, 2019. 13. That the decedent, PETER J. AWN left surviving next of kin and distributees at law. 14. That as a result of the foregoing, decedêñt's surviving next of kin and distributees at law have sustained wrongful death daniages in an amount which exceeds the jurisdiction of all lower courts which might otherwise have jurisdiction herein. WHEREFORE, plaintiff demands judgment against defendants in a sum that a jury would find fair,just and adequate. Rich & Rich, P.C. Attorneys for Plaintiffs 30 Vesey Street Suite 300 New York, New York 10007 406 - 0440 (212) F REY M. RICH 5 of 7 FILED: NEW YORK COUNTY CLERK 02/07/2020 04:27 PM INDEX NO. 151444/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2020 STATE OF NEW YORK } } ss.: COUNTY OF NEW YORK } Norman T.E. Laurila, being duly sworn, deposes and says: That he isone of the plaintiffs in the within action. That he has read the foregoing Complaiñt and knows the contents thereof. That the same is trueto his own knowledge, except as to the matters therein stated to be alleged on information and belief, and ose matters she believes itto be true. o n T. E. Lauri Sworn to before me, this day of JEFFREY RICH Notary Public, State of New York No. 314845896 Qualified in Nassau County Commission Expires November 30, 20_ 6 of 7 FILED: NEW YORK COUNTY CLERK 02/07/2020 04:27 PM INDEX NO. 151444/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NO.: NORMAN T. E. LAURILA and JACQUELINE E. MONTELEONE, as Co-Executors of the Estate of PETER J.AWN, Decesed, Plaintiffs, - against - METRO LIVERY LEASING LLC f/k/a TOWER WEST FUNDING LLC d/b/a METRO LIVERY LEASING and SHIV KUMAR, Defendants. SUMMONS and VERIFIED COMPLAINT Signature (Rule 130-1.1al RfCEF& CH, P.C. Attomeys for Plaintiffs 30 Vesey Street New York, NY 10007 (212) 406-0440 7 of 7