Preview
FILED: SUFFOLK COUNTY CLERK 01/31/2020 02:46 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2020
File #119195-02/mmb/db
DATE OF FILING
INDEX #:
Plaintiff designates
Suffolk County .
. as the place ofCtrial.
. The basis of venue is:
Plaintiff's Residence
Plaintiff resides at:
87 Richmond Boulevard, Unit lb
Ronkonkoma, New York
Co0nty of Suffolk.
SUPREME COURT STATE OF NEW YORK
COUNTY OF SUFFQLK
--------------------------------------------------------x
NORITA CASTRO,
.Plaintiff,
-against- - SUMMONS
ROCCO VERALDI and 19fCHOLAS VERALDI,
Defendants.
--------------------------------------------------------x
To the above named defendants:
YOU ARE HEREBY SUMMONED to answer the coniplaint 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 with -20- days after the service of this
Attorney(s)
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.
JACOBY & MEYERS, LLP
Attorneys for Plaintiff
C/O Processing Center
1279 Route 300 P.O. Box 1111
Newburgh, New York 12551
(800) 890-3090
EDWARD M. STEVES, ESQ., OF COUNSEL
Dated: January O 2020
DEFENDANT S ADDRESS:
SEE VERIFIED COMPLAINT
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. STATE OF NEW YORK
SUPREME COURT : COUNTY OF SUFFOLK
---------------------------------------x
. NORITA CASTRO,
Plaintiff,
-against-
VERIFIED COMPLAINT
ROCCO VERALDI and NICHOLAS VERALDI,
Defendants.
. ---------------------------------------x
Plaintiff, by attorneys, JACOBY & MEYERS, LLP as and for the
Verified Complaint, herein allege(s) the following:
AS AND FOR A FIRST CAUSE OF ACTION ON
BEHALF OF PLAINTIFF, NORITA CASTRO
1. That at all times hereinafter mentioned, the plaintiff was
and still is a resident of the County of Suffolk, State of New York.
2. That at all times hereinafter mentioned, upon information and
belief, the defendant, NICHOLAS VERALDI, was and still is a resident
of the County of Suffolk, State of New York,.
3. That at all times hereinafter mentioned, upon information and
belief, the defendant, ROCCO VERALDI, was and still is a resident of
the County of Suffolk, State of New York.
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. 4. That at all times hereinafter mentioned, upon information and
belief, the defendant, ROCCO VERALDI, was the titled owner of a 2003
Mitsubishi motor tehicle, bearing License Plate #HDY3409, for the
State of New York.
5. That at all times hereinafter.mentioned, upon information and
belief, the defendant, ROCCO VERALDI, was the registered owner of a
2003 Mitsubishi motor vehicle, bearing License Plate #HDY3409, for
the State of New York.
6. That at all times hereinafter mentioned, upon information and
belief, the defendant, ROCCO VERALDI, was the lessee of a 2003
Mitsubishi motor vehicle, bearing License Plate #HDY3409, for the
State of New York.
7. That at all times hereinafter mentioned, upon information and
belief,. the defendant, NICHOLAS VERALDI, was the operator of the
aforesaid motor vehicle, bearing License Plate #HDY3 09, for the
State of New York.
8.: That at all times hereinafter mentioned, upon.information and
the NICHOLAS· operated the aforesaid motor
belief, defendant, VERALDI,
vehicle with the express and/or implied permission, consent and
knowledge of the defendant owner, ROCCO VERALDI,
9, That at all times hereinafter mentioned, upon information and
belief, the defendant, NICHOLAS VERALDI, was in the scope of his
.
employment.
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10. That at all times hereinafter mentioned, the plaintiff,
NORITA CASTRO, was the owner and operator of a 2016 Toyota motor
vehicle, bearing License Plate #EEF9515, for the State of New York.
11. That at all times hereinafter mentioned, I/F/Oi238.2 Ocean.
Avenue at intersection with Easton Street, located.in the Town of
Ronkonkoma, County of Suffolk, State of New York, was and still is a
public highway and .thoroughfare.and was the situs of the accident
. herein.
12. That on or about.the 17th day of September, 2018, the
defendants motor vehicle was in contact with the Plaintiff's motor
vehicle.
13. The accident and resulting injuries. were caused by the
negligent, wanton, reckless and careless acts of the defendants
herein,
14. That the defendants, and each·of them, were negligent,
wanton, reckless and careless in allowing, causing, and/or.permitting
their motor·vehicle to come into contact with the Plaintiff's motor
vehicle; in failing to properly keep, control and maintain the motor
vehicle so as to prevent the accident herein; in.failing to keep the
motor vehicle under proper control; in failing to operate the motor
vehicle in a manner. of an unsafe speed causing impact to another
vehicle; in failing to operate the motor vehicle that was reasonable
and proper under the prevailing traffic conditions; in failing to
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properly operate the braking and acceleration devices of the motor
vehicle under the circumstances of the ro.adway where the.accident
occurred; in failing to keep a proper lookout; in failing to stop
and/or slow down; in acting with reckless disregard for the safety of
others; in falling to keep alert and attentive; in failing to
properly apply brakes; in failing to obey .traffic signs, signals
and/or in too. in failing.to avoid a rear-
lights; following closely;
end collision; in to sound horn, and the.defendants were in .
failing
other ways negligent, wanton, reckless, and careless.
15, The limited liability provisions of C.P.L.R. 1601 do not
apply pursuant to C.P.L,R. 1602(6) on the grounds that the
defendants'
liability is based.upon their use, operation and
ownership of a motor vehicle or·motorcycle and C.P.L.R. 1602(7) on
the grounds that defendants' reckless disregard for
the acted with
thé safety of others including the plaintiff herein
16. That by reason of the. foregoing., this plaintiff was caused to
sustain severe and serious personal injuries to her mind and body,
some of which, upon information and belief, are permanent with
permanent effects of pain, disability, disfigurement and loss of body
function. Further, this plaintiff was caused to expend. and become
obligated for diverse sums of money as a result of·this accident; and
this plaintiff further was caused to lose substantial periods of time
from her normal vocation and activities, and upon information and
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belief, may continue in.that way into the future and suffer similar
losses.
17. That this plaintiff sustained a serious injury, as defined in
Subdivision (d) of Section 5102 of the qnsurance Law of"the State of
New York and economic loss greater than basic economic loss, as
defined in Subdivis.ion (a) of Section 5102 of the Insurance Law of
the State of New York.
18. That by reason of the foregoing, this plaintiff was damaged
in a sum which exceeds the jurisdictional limits of.allrlower courts
which would have jurisdiction of this matter.
WHEREFORE, plaintiff demands judgment against the defendant(s)
as follows: . . .
. (1) A sum which exceeds the jurisdictional limits of all lower
. courts which the jury would find to be.fair, adequate and just in the
First Cause of Action, together with the costs and disbursements of .
this Action.
Yours¿ etc., . .
JACOBY & MEYERS, LLP
Attorneys for Plaintiff(s)
Office & P.O. Address
C/O Processing Center
1279 Route 300 P.O. Box 1111
. Newburgh, New York 12551
BY:
EDWARD M. STEVES, ESQ.,
OF COUNSEL
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2020
TO: NICHOLAS VERALDI
Defendant
140 Melrose Parkway .
Patchogue, NY 11772
ROCCO VERALDI
Defendant
140 Melrose Parkway
East Patchogue, New York 11772
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2020
STATE OF NEW YORK COUNTY OF ORANG12 as• .
I, the undersigned, am an attorney admitted to practice in the courts
of New York State, and say that:
I am the attorney of record, or of counsel with the attorney(s) of
record, for the plaintiff(s). I. have read the annexed Verified
Complaint, 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 I believe
them to be true.
My belief, as to those matters therein not stated upon knowledge, is
based upon the following:
Facts and information contained in deponent.'s file: The reason I
make this affirmation instead of the plaintiff is because the
plaintiff resides.outside of county where deponent .maintains his
office.
I affirm that the foregoing statements are true under penalties of
perjury.
Dated: January , 2020.
EDWARD M. STEVES, ESQ., OF COUNSEL
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Preview
FILED: SUFFOLK COUNTY CLERK 01/31/2020 02:46 PM INDEX NO. 601935/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2020 File #119195-02/mmb/db DATE OF FILING INDEX #: Plaintiff designates Suffolk County . . as the place ofCtrial. . The basis of venue is: Plaintiff's Residence Plaintiff resides at: 87 Richmond Boulevard, Unit lb Ronkonkoma, New York Co0nty of Suffolk. SUPREME COURT STATE OF NEW YORK COUNTY OF SUFFQLK --------------------------------------------------------x NORITA CASTRO, .Plaintiff, -against- - SUMMONS ROCCO VERALDI and 19fCHOLAS VERALDI, Defendants. --------------------------------------------------------x To the above named defendants: YOU ARE HEREBY SUMMONED to answer the coniplaint 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 with -20- days after the service of this Attorney(s) 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. JACOBY & MEYERS, LLP Attorneys for Plaintiff C/O Processing Center 1279 Route 300 P.O. Box 1111 Newburgh, New York 12551 (800) 890-3090 EDWARD M. STEVES, ESQ., OF COUNSEL Dated: January O 2020 DEFENDANT S ADDRESS: SEE VERIFIED COMPLAINT 1 of 8 FILED: SUFFOLK COUNTY CLERK 01/31/2020 02:46 PM INDEX NO. 601935/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2020 . File #119195-02/mmb/db . STATE OF NEW YORK SUPREME COURT : COUNTY OF SUFFOLK ---------------------------------------x . NORITA CASTRO, Plaintiff, -against- VERIFIED COMPLAINT ROCCO VERALDI and NICHOLAS VERALDI, Defendants. . ---------------------------------------x Plaintiff, by attorneys, JACOBY & MEYERS, LLP as and for the Verified Complaint, herein allege(s) the following: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF, NORITA CASTRO 1. That at all times hereinafter mentioned, the plaintiff was and still is a resident of the County of Suffolk, State of New York. 2. That at all times hereinafter mentioned, upon information and belief, the defendant, NICHOLAS VERALDI, was and still is a resident of the County of Suffolk, State of New York,. 3. That at all times hereinafter mentioned, upon information and belief, the defendant, ROCCO VERALDI, was and still is a resident of the County of Suffolk, State of New York. 2 of 8 FILED: SUFFOLK COUNTY CLERK 01/31/2020 02:46 PM INDEX NO. 601935/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2020 . 4. That at all times hereinafter mentioned, upon information and belief, the defendant, ROCCO VERALDI, was the titled owner of a 2003 Mitsubishi motor tehicle, bearing License Plate #HDY3409, for the State of New York. 5. That at all times hereinafter.mentioned, upon information and belief, the defendant, ROCCO VERALDI, was the registered owner of a 2003 Mitsubishi motor vehicle, bearing License Plate #HDY3409, for the State of New York. 6. That at all times hereinafter mentioned, upon information and belief, the defendant, ROCCO VERALDI, was the lessee of a 2003 Mitsubishi motor vehicle, bearing License Plate #HDY3409, for the State of New York. 7. That at all times hereinafter mentioned, upon information and belief,. the defendant, NICHOLAS VERALDI, was the operator of the aforesaid motor vehicle, bearing License Plate #HDY3 09, for the State of New York. 8.: That at all times hereinafter mentioned, upon.information and the NICHOLAS· operated the aforesaid motor belief, defendant, VERALDI, vehicle with the express and/or implied permission, consent and knowledge of the defendant owner, ROCCO VERALDI, 9, That at all times hereinafter mentioned, upon information and belief, the defendant, NICHOLAS VERALDI, was in the scope of his . employment. 3 of 8 FILED: SUFFOLK COUNTY CLERK 01/31/2020 02:46 PM INDEX NO. 601935/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2020 10. That at all times hereinafter mentioned, the plaintiff, NORITA CASTRO, was the owner and operator of a 2016 Toyota motor vehicle, bearing License Plate #EEF9515, for the State of New York. 11. That at all times hereinafter mentioned, I/F/Oi238.2 Ocean. Avenue at intersection with Easton Street, located.in the Town of Ronkonkoma, County of Suffolk, State of New York, was and still is a public highway and .thoroughfare.and was the situs of the accident . herein. 12. That on or about.the 17th day of September, 2018, the defendants motor vehicle was in contact with the Plaintiff's motor vehicle. 13. The accident and resulting injuries. were caused by the negligent, wanton, reckless and careless acts of the defendants herein, 14. That the defendants, and each·of them, were negligent, wanton, reckless and careless in allowing, causing, and/or.permitting their motor·vehicle to come into contact with the Plaintiff's motor vehicle; in failing to properly keep, control and maintain the motor vehicle so as to prevent the accident herein; in.failing to keep the motor vehicle under proper control; in failing to operate the motor vehicle in a manner. of an unsafe speed causing impact to another vehicle; in failing to operate the motor vehicle that was reasonable and proper under the prevailing traffic conditions; in failing to -3- 4 of 8 FILED: SUFFOLK COUNTY CLERK 01/31/2020 02:46 PM INDEX NO. 601935/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2020 properly operate the braking and acceleration devices of the motor vehicle under the circumstances of the ro.adway where the.accident occurred; in failing to keep a proper lookout; in failing to stop and/or slow down; in acting with reckless disregard for the safety of others; in falling to keep alert and attentive; in failing to properly apply brakes; in failing to obey .traffic signs, signals and/or in too. in failing.to avoid a rear- lights; following closely; end collision; in to sound horn, and the.defendants were in . failing other ways negligent, wanton, reckless, and careless. 15, The limited liability provisions of C.P.L.R. 1601 do not apply pursuant to C.P.L,R. 1602(6) on the grounds that the defendants' liability is based.upon their use, operation and ownership of a motor vehicle or·motorcycle and C.P.L.R. 1602(7) on the grounds that defendants' reckless disregard for the acted with thé safety of others including the plaintiff herein 16. That by reason of the. foregoing., this plaintiff was caused to sustain severe and serious personal injuries to her mind and body, some of which, upon information and belief, are permanent with permanent effects of pain, disability, disfigurement and loss of body function. Further, this plaintiff was caused to expend. and become obligated for diverse sums of money as a result of·this accident; and this plaintiff further was caused to lose substantial periods of time from her normal vocation and activities, and upon information and 5 of 8 FILED: SUFFOLK COUNTY CLERK 01/31/2020 02:46 PM INDEX NO. 601935/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2020 belief, may continue in.that way into the future and suffer similar losses. 17. That this plaintiff sustained a serious injury, as defined in Subdivision (d) of Section 5102 of the qnsurance Law of"the State of New York and economic loss greater than basic economic loss, as defined in Subdivis.ion (a) of Section 5102 of the Insurance Law of the State of New York. 18. That by reason of the foregoing, this plaintiff was damaged in a sum which exceeds the jurisdictional limits of.allrlower courts which would have jurisdiction of this matter. WHEREFORE, plaintiff demands judgment against the defendant(s) as follows: . . . . (1) A sum which exceeds the jurisdictional limits of all lower . courts which the jury would find to be.fair, adequate and just in the First Cause of Action, together with the costs and disbursements of . this Action. Yours¿ etc., . . JACOBY & MEYERS, LLP Attorneys for Plaintiff(s) Office & P.O. Address C/O Processing Center 1279 Route 300 P.O. Box 1111 . Newburgh, New York 12551 BY: EDWARD M. STEVES, ESQ., OF COUNSEL -5- 6 of 8 FILED: SUFFOLK COUNTY CLERK 01/31/2020 02:46 PM INDEX NO. 601935/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2020 TO: NICHOLAS VERALDI Defendant 140 Melrose Parkway . Patchogue, NY 11772 ROCCO VERALDI Defendant 140 Melrose Parkway East Patchogue, New York 11772 -6- 7 of 8 FILED: SUFFOLK COUNTY CLERK 01/31/2020 02:46 PM INDEX NO. 601935/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2020 STATE OF NEW YORK COUNTY OF ORANG12 as• . I, the undersigned, am an attorney admitted to practice in the courts of New York State, and say that: I am the attorney of record, or of counsel with the attorney(s) of record, for the plaintiff(s). I. have read the annexed Verified Complaint, 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 I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: Facts and information contained in deponent.'s file: The reason I make this affirmation instead of the plaintiff is because the plaintiff resides.outside of county where deponent .maintains his office. I affirm that the foregoing statements are true under penalties of perjury. Dated: January , 2020. EDWARD M. STEVES, ESQ., OF COUNSEL -7- 8 of 8