Preview
FILED: KINGS COUNTY CLERK 12/20/2019 06:01 PM INDEX NO. 527774/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/20/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No.
E A L an ÊP85m0H11
SÎLÎIÅÎAUL,
Plaintiff, Plaintiff's Residence
630 Ocean Avenue Apt. 12G
against Brooklyn, NY 11226
ISOKEN IDUPKAYE, GREGORY DONAWA The basis of venue designated is:
and HATANA TOUTSEUL, Plaintiff(s) residence.
Defendants.
------------------------------ -- -----------------x
To the above named Defendant(s)
On Are IJerebP sustatoneh to answer the complaint in this action, and to serve a copy
of your answer, of if the complaint is not served with this summons, to serve a notice of
appearance on the plaintiffs attorney(s) within twenty days after the services of this summons
exclusive of the day of service, where service is made by delivery upon you personally within the
state, or within 30 days after completion of service where service is made in any other manner. 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 20, 2019
Harmon, mder & Rogowsky, Esqs.
Attornefs for Plaintiff(s)
3 Park Avenue, Suite 2300
New York, NY 10016
Isoken Idupkaye
145-61 225th Street
Springfield Gardens, NY 11413
Gregory Donawa
741 East Fifty-Eighth Street, Apt. 2
Brooklyn, NY 11234
Hatana Toutseul
3501 Foster Avenue
Brooklyn, NY 11210
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------x
CELIA PAUL and SYLVIA PAUL,
VERIFIED COMPLAINT
Plaintiff (s),
-against-
ISOKEN IDUPKAYE, GREGORY DONAWA and HATANA TOUTSEUL,
Defendant (s),
----------------------------------------x
Plaintiffs complaining of the defendants herein by their attorneys,
HARMON, LINDER & ROGOWSKY, ESQS., respectfully sets forth and
alleges, as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF CELIA PAUL
1. That at the time of the commencement of this action plaintiffs
were residents of the County of KINGS, State of New York.
2. That at all times herein mentioned, plaintiff, ISOKEN IDUPKAYE,
was the owner and operator of a motor vehicle, bearing registration
number GSM8142, State of New York.
3. That at all times herein mentioned, defendant, GREGORY DONAWA was
the owner of a motor vehicle bearing registration number JFS4893,
State of New York.
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4. That at all times herein mentioned defendant, HATANA TOUTSEUL was
the operator of an automobile bearing registration number JFS4893,
State of New York.
5. That at all times herein mentioned defendant, HATANA TOUTSEUL,
was in physical charge, operation, management and control of the
aforesaid vehicle owned by the defendant, GREGORY DONAWA, with the
knowledge, consent, and permission, either express or implied of the
defendant owner thereof.
6. That at all times herein mentioned plaintiff, CELIA PAUL, was a
passenger of the aforesaid motor vehicle bearing registration
number JFS4893, State of New York.
7. That on the First day of August 2019, at approximately 6:00 p.m.
the aforesaid vehicles came into contact with each other on South
Conduit Avenue, at or near its intersection with 221st Street, a
public street and thoroughfare, in the County of Queens, State of
New York.
8. That defendants so carelessly and negligently operated his
aforesaid respective motor vehicle so as to cause the aforesaid
contact.
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9. That as a result of the foregoing, this plaintiff was caused to
and did sustain severe and serious personal injuries and was
required to seek and obtain medical care and attention in an effort
to cure and/or alleviate the same and upon information and belief,
will be so compelled to do in future.
10. That the aforesaid occurrence and injuries sustained by this
plaintiff were caused by the negligence of the defendants and not by
any act or omission on the part of this plaintiff contributing
thereto.
11. That this plaintiff has sustained a serious injury as the same
is defined in Subdivision (d) of Section 5102 of the Insurance Law
of the State of New York.
12. That this action falls within one or more of the exceptions set
forth in Section 1602 of the CPLR.
13. That by reason of the foregoing, plaintiff, CELIA PAUL,
has been damaged in an amount which exceeds the jurisdictional
limits of all lower courts that would otherwise have jurisdiction.
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AS AND FOR A SECOND CAUSE OF ACTION ON
BEHALF OF PLAINTIFF SYLVIA PAUL
14. This plaintiff repeats, reiterates and realleges each and every
"1"
allegation contained in paragraphs of this complaint numbered
through "13", inclusive, with the same force and effect as though
the same were more fully set forth at length herein.
15. That at all times herein mentioned, plaintiff, SYLVIA PAUL, was
a passenger of the aforesaid motor vehicle, bearing registration
number JFS4893, State of New York.
16. That defendants so carelessly and negligently operated his
aforesaid respective motor vehicle so as to cause the aforesaid
contact.
17. That as a result of the foregoing, this plaintiff was caused to
and did sustain severe and serious personal injuries and was
required to seek and obtain medical care and attention in an effort
to cure and/or alleviate the same and upon information and belief,
will be so compelled to do in future.
18. That the aforesaid occurrence and injuries sustained by this
plaintiff were caused by the negligence of the defendants and not by
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any act or omission on the part of this plaintiff contributing
thereto.
19. That this plaintiff has sustained a serious injury as the same
is defined in Subdivision (d) of Section 5102 of the Insurance Law
of the State of New York.
20. That this action falls within one or more of the exceptions set
forth in Section 1602 of the CPLR.
21. That by reason of the foregoing, plaintiff, SYLVIA PAUL has been
damaged in an amount which exceeds the jurisdictional limits of all
lower courts that would otherwise have jurisdiction.
WHEREFORE, plaintiff, CELIA PAUL, demands judgement against the
defendants in the First Cause of Action damaged in an amount which
exceeds the jurisdictional limits of all lower courts that would
otherwise have jurisdiction and plaintiff, SYLVIA PAUL, demands
judgement against the defendants in the Second Cause of Action in an
amount which exceeds the jurisdictional limits of all lower courts
that would otherwise have jurisdiction; all together with the costs
and disbursements of this action.
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Dated: New York, NY
December 18, 2019
HARMON, N R & ROGOWSKY, ESQS.
Attorney s) for Plaintiff(s)
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665
MJL/mj
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK)
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 plaintiff.
I have read the annexed SUMMONS AND VERIFIED 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. 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:
Interviews and/or discussions with the plaintiff(s) and papers and/or documents in the file.
The reasons I make this affirmation instead of the plaintiff is because said plaintiff
resides outside of the county from where your deponent maintains his office for the practice of
law.
Dated: New York, New York
December 20, 2019
Mark J. Linder Esq.
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Index No. Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_____________________________________________________________________________________________________
CELIA PAUL and SYLVIA PAUL,
Plaintiffs,
-against-
ISOKEN IDUPKAYE, GREGORY DONAWA and HATANA TOUTSEUL,
Defendants.
________________________ __________________________________________________.
SUMMONS AND VERIFIED COMPLAINT
__________________________________________________________________________________________
HARMON, LINDER & ROGOSWKY, ESQS.
Attorney for Plaintiff(s)
3 Park Avenue, 23rd Floor
Suite 2300
New York, NY 10016
(212) 732-3665 Phone
(212) 732-1462 Facsimile
__________________________________________________________________________________ _____
To:
Attorney(s) for Defendant
___ _____________________________________________________________________________________
Service of a copy of the within Summons and Complaint is hereby admitted.
Dated:
Attorney(s) for
___ _______-________ _____________________________________________________________________
PLEASE TAKE NOTICE
Notice of Entry 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 Settlement
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
Dated:
Yours, etc.
Harmon, Linder & Rogowsky, Esqs.
Attorneys for
Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016
(212) 732-3665
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Preview
FILED: KINGS COUNTY CLERK 12/20/2019 06:01 PM INDEX NO. 527774/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/20/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No. E A L an ÊP85m0H11 SÎLÎIÅÎAUL, Plaintiff, Plaintiff's Residence 630 Ocean Avenue Apt. 12G against Brooklyn, NY 11226 ISOKEN IDUPKAYE, GREGORY DONAWA The basis of venue designated is: and HATANA TOUTSEUL, Plaintiff(s) residence. Defendants. ------------------------------ -- -----------------x To the above named Defendant(s) On Are IJerebP sustatoneh to answer the complaint in this action, and to serve a copy of your answer, of if the complaint is not served with this summons, to serve a notice of appearance on the plaintiffs attorney(s) within twenty days after the services of this summons exclusive of the day of service, where service is made by delivery upon you personally within the state, or within 30 days after completion of service where service is made in any other manner. 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 20, 2019 Harmon, mder & Rogowsky, Esqs. Attornefs for Plaintiff(s) 3 Park Avenue, Suite 2300 New York, NY 10016 Isoken Idupkaye 145-61 225th Street Springfield Gardens, NY 11413 Gregory Donawa 741 East Fifty-Eighth Street, Apt. 2 Brooklyn, NY 11234 Hatana Toutseul 3501 Foster Avenue Brooklyn, NY 11210 1 of 9 FILED: KINGS COUNTY CLERK 12/20/2019 06:01 PM INDEX NO. 527774/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/20/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------x CELIA PAUL and SYLVIA PAUL, VERIFIED COMPLAINT Plaintiff (s), -against- ISOKEN IDUPKAYE, GREGORY DONAWA and HATANA TOUTSEUL, Defendant (s), ----------------------------------------x Plaintiffs complaining of the defendants herein by their attorneys, HARMON, LINDER & ROGOWSKY, ESQS., respectfully sets forth and alleges, as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF CELIA PAUL 1. That at the time of the commencement of this action plaintiffs were residents of the County of KINGS, State of New York. 2. That at all times herein mentioned, plaintiff, ISOKEN IDUPKAYE, was the owner and operator of a motor vehicle, bearing registration number GSM8142, State of New York. 3. That at all times herein mentioned, defendant, GREGORY DONAWA was the owner of a motor vehicle bearing registration number JFS4893, State of New York. 2 of 9 FILED: KINGS COUNTY CLERK 12/20/2019 06:01 PM INDEX NO. 527774/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/20/2019 4. That at all times herein mentioned defendant, HATANA TOUTSEUL was the operator of an automobile bearing registration number JFS4893, State of New York. 5. That at all times herein mentioned defendant, HATANA TOUTSEUL, was in physical charge, operation, management and control of the aforesaid vehicle owned by the defendant, GREGORY DONAWA, with the knowledge, consent, and permission, either express or implied of the defendant owner thereof. 6. That at all times herein mentioned plaintiff, CELIA PAUL, was a passenger of the aforesaid motor vehicle bearing registration number JFS4893, State of New York. 7. That on the First day of August 2019, at approximately 6:00 p.m. the aforesaid vehicles came into contact with each other on South Conduit Avenue, at or near its intersection with 221st Street, a public street and thoroughfare, in the County of Queens, State of New York. 8. That defendants so carelessly and negligently operated his aforesaid respective motor vehicle so as to cause the aforesaid contact. 3 of 9 FILED: KINGS COUNTY CLERK 12/20/2019 06:01 PM INDEX NO. 527774/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/20/2019 9. That as a result of the foregoing, this plaintiff was caused to and did sustain severe and serious personal injuries and was required to seek and obtain medical care and attention in an effort to cure and/or alleviate the same and upon information and belief, will be so compelled to do in future. 10. That the aforesaid occurrence and injuries sustained by this plaintiff were caused by the negligence of the defendants and not by any act or omission on the part of this plaintiff contributing thereto. 11. That this plaintiff has sustained a serious injury as the same is defined in Subdivision (d) of Section 5102 of the Insurance Law of the State of New York. 12. That this action falls within one or more of the exceptions set forth in Section 1602 of the CPLR. 13. That by reason of the foregoing, plaintiff, CELIA PAUL, has been damaged in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. 4 of 9 FILED: KINGS COUNTY CLERK 12/20/2019 06:01 PM INDEX NO. 527774/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/20/2019 AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF SYLVIA PAUL 14. This plaintiff repeats, reiterates and realleges each and every "1" allegation contained in paragraphs of this complaint numbered through "13", inclusive, with the same force and effect as though the same were more fully set forth at length herein. 15. That at all times herein mentioned, plaintiff, SYLVIA PAUL, was a passenger of the aforesaid motor vehicle, bearing registration number JFS4893, State of New York. 16. That defendants so carelessly and negligently operated his aforesaid respective motor vehicle so as to cause the aforesaid contact. 17. That as a result of the foregoing, this plaintiff was caused to and did sustain severe and serious personal injuries and was required to seek and obtain medical care and attention in an effort to cure and/or alleviate the same and upon information and belief, will be so compelled to do in future. 18. That the aforesaid occurrence and injuries sustained by this plaintiff were caused by the negligence of the defendants and not by 5 of 9 FILED: KINGS COUNTY CLERK 12/20/2019 06:01 PM INDEX NO. 527774/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/20/2019 any act or omission on the part of this plaintiff contributing thereto. 19. That this plaintiff has sustained a serious injury as the same is defined in Subdivision (d) of Section 5102 of the Insurance Law of the State of New York. 20. That this action falls within one or more of the exceptions set forth in Section 1602 of the CPLR. 21. That by reason of the foregoing, plaintiff, SYLVIA PAUL has been damaged in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. WHEREFORE, plaintiff, CELIA PAUL, demands judgement against the defendants in the First Cause of Action damaged in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction and plaintiff, SYLVIA PAUL, demands judgement against the defendants in the Second Cause of Action in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction; all together with the costs and disbursements of this action. 6 of 9 FILED: KINGS COUNTY CLERK 12/20/2019 06:01 PM INDEX NO. 527774/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/20/2019 Dated: New York, NY December 18, 2019 HARMON, N R & ROGOWSKY, ESQS. Attorney s) for Plaintiff(s) 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 MJL/mj 7 of 9 FILED: KINGS COUNTY CLERK 12/20/2019 06:01 PM INDEX NO. 527774/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/20/2019 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK) 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 plaintiff. I have read the annexed SUMMONS AND VERIFIED 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. 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: Interviews and/or discussions with the plaintiff(s) and papers and/or documents in the file. The reasons I make this affirmation instead of the plaintiff is because said plaintiff resides outside of the county from where your deponent maintains his office for the practice of law. Dated: New York, New York December 20, 2019 Mark J. Linder Esq. 8 of 9 FILED: KINGS COUNTY CLERK 12/20/2019 06:01 PM INDEX NO. 527774/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/20/2019 Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________________________________________________________ CELIA PAUL and SYLVIA PAUL, Plaintiffs, -against- ISOKEN IDUPKAYE, GREGORY DONAWA and HATANA TOUTSEUL, Defendants. ________________________ __________________________________________________. SUMMONS AND VERIFIED COMPLAINT __________________________________________________________________________________________ HARMON, LINDER & ROGOSWKY, ESQS. Attorney for Plaintiff(s) 3 Park Avenue, 23rd Floor Suite 2300 New York, NY 10016 (212) 732-3665 Phone (212) 732-1462 Facsimile __________________________________________________________________________________ _____ To: Attorney(s) for Defendant ___ _____________________________________________________________________________________ Service of a copy of the within Summons and Complaint is hereby admitted. Dated: Attorney(s) for ___ _______-________ _____________________________________________________________________ PLEASE TAKE NOTICE Notice of Entry 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 Settlement 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 Dated: Yours, etc. Harmon, Linder & Rogowsky, Esqs. Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, NY 10016 (212) 732-3665 9 of 9