Preview
FILED: KINGS COUNTY CLERK 12/11/2019 04:34 PM INDEX NO. 526967/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/11/2019
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS Date Purchased:
----------------------------------------------- X SUMMONS
VICTOR M. RIVERA,
Plaintiff designates Kings
Plaintiff, County as the place of trial.
-against-
The basis of venue is
Defendants residence
SUMMER OF 42 INC AND WILSSON R. HIDALGO
VASQUEZ, Defendant resides at:
533 Liberty Avenue
Defendants, Brooklyn, NY 11221
------------------- ---- X
County of Kings.
To the above named Defendants:
You are hereby summoned to answer the complaiñt in this action, and to serve a copy
of your añswer, or, 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 service 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 añswer, judgiñeñt will be taken agaiñst you by default for the relief demanded in the
complaint.
Dated: Brooklyn, New York
December 11, 2019
AKIVA OFSHTEIN, ESQ
OFSHTEIN LAW FIRM, P. C.
Attorneys for Plaintiff
VICTOR M. RIVERA
29* 2"d
15 Bay Street, Floor
Brooklyn, New York 11214
(718) 455-5252
Our File No. 19MVX5460
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TO:
SUMMER OF 42 INC
533 Liberty Avenue
Brooklyn, NY 11221
WILSSON R. HIDALGO VASQUEZ
161"
754 East Street
Bronx, NY 10456
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SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS Date Purchased:
---- X
VICTOR M. RIVERA, VERIFIED COMPLAINT
Plaintiff,
-against-
SUMMER OF 42 INC AND WILSSON R. HIDALGO
VASQUEZ,
Defendants,
X
Plaintiff, VICTOR M. RIVERA, by his attorneys, OFSHTEIN LAW FIRM, P. C.,
complaiñing of the Defendants, SUMMER OF 42 INC and WILSSON R. HIDALGO
VASQUEZ, respectfully alleges, upon information and belief:
1. At all times herein mentioned, Plaintiff, VICTOR M. RIVERA, was and still is a
resident of the County of Rockland, City and State of New York.
2. At all times herein mentioned, Defendant, WILSSON R. HIDALGO VASQUEZ,
was and still is a resident of the County of Bronx, City and State of New York.
3. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still
is a domestic corporation duly organized and existing under and by virtue of the laws of the State
of New York, with a principal office in Kings County
4. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still is
a professional corporation duly orgañized and existing under and by virtue of the laws of the
State of New York, with a principal office in Kings County
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5. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still is
a duly authorized foreign corporation doing business in the State of New York, with a principal
office in Kings County.
6. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still
is a duly authorized foreign corporation transacting business in the State of New York.
7. At all times herein mentioned, Defendant, SUMMER OF 42 INC, does and/or
solicits business within the State of New York.
8. At all times herein mentioned, Defendant, SUMMER OF 42 INC, derives
substantial revenue from goods used or consumed or services rendered in the State of New York.
9. At all times herein mentioned, Defendant, SUMMER OF 42 INC, expected or
reasonably should have expected its acts and business activities to have consequences within the
State of New York
10. At all times herein mentioned, Defendant, SUMMER OF 42 INC, derives
substantial revenues from interstate or international commerce.
11. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still is
a domestic limited liability company duly orgãñized and existing under and by virtue of the laws
of the State of New York, with a principal office in Kings County.
12. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still is
a duly authorized foreign limited liability company duly organized and existing under and by
virtue of the laws of the State of New York, with a principal office in Kings County.
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13. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still is
a duly organized general partnership existing and doing business under and by virtue of the laws
of the State of New York.
14. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still is
a duly organized limited partnership existing and doing business under and by virtue of the laws
of the State of New York.
15. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still a
duly organized proprietorship existing and doing business under the laws of the State of New
York.
16. That on July 11, 2019, Defendant, SUMMER OF 42 INC, was the registered
owner of a 2016 Toyota, motor vehicle bearing State of New York registration number
T773068C.
17. That on July 11, 2019, Defendant, SUMMER OF 42 INC, was the lessor of a
2016 Toyota, motor vehicle bearing State of New York registration number T773068C.
18. That on July 11, 2019, Defendant, SUMMER OF 42 INC, was the lessee of a
2016 Toyota, motor vehicle bearing State of New York registration number T773068C.
19. That on July 11, 2019, Defendamt, WILSSON R. HIDALGO VASQUEZ, was
the operator of a 2016 Toyota, motor vehicle bearing State of New York registration number
T773068C.
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20. That on July 11, 2019, Defendant, WILSSON R. HIDALGO VASQUEZ, was
controlling the 2016 Toyota, motor vehicle bearing State of New York registration ñümber
T773068C.
21. That on July 11, 2019, Defendant, WILSSON R. HIDALGO VASQUEZ, was
controlling the 2016 Toyota, motor vehicle bearing State of New York registration number
T773068C, with the knowledge of defendant owner.
22. That on July 11, 2019, Defendant, WILSSON R. HIDALGO VASQUEZ, was
controlling the 2016 Toyota, motor vehicle beariñg State of New York registration number
T773068C, with the permission of defendant owner.
23. That on July 11, 2019, Defendant, WILSSON R. HIDALGO VASQUEZ, was
controlling the 2016 Toyota, motor vehicle bearing State of New York registration number
T773068C, with the express consent of defendant owner.
24. That on July 11, 2019, Defendant, WILSSON R. HIDALGO VASQUEZ, was
controlling the 2016 Toyota, motor vehicle beariñg State of New York registration nu_mber
T773068C, with the implied coñseñt of defendant owner.
25. That on July 11, 2019, Defendant, WILSSON R. HIDALGO VASQUEZ, was
operating and controlling the 2016 Toyota, motor vehicle bearing State of New York registration
number T773068C, on Bronx Boulevard at its intersection with Bronx River Avenue, Bronx,
New York.
26. That on July 11, 2019, Defendant, WILSSON R. HIDALGO VASQUEZ, was
operating and controlling the 2016 Toyota, motor vehicle bearing State of New York registration
number T773068C, within the scope of his employment.
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27. At the aforesaid date and place, Plaintiff, VICTOR M. RIVERA, was
lawfully operating a 2018 Ford, motor vehicle beariñg State of New York registration number
defendants'
JAA2675, when motor vehicle forcibly struck the plaintiffs vehicle at the
aforementioned location.
28. That as a result of the aforesaid contact, Plaintiff, VICTOR M. RIVERA, was
injured.
29. That the aforesaid occurrence was caused wholly and solely by reason of the
negligence of the Defeñdañts without any fault or negligence on the part of the Plaintiff contributing
thereto.
30. That Defendants were negligent, careless and reckless in the ownership, operation,
mañagemcñt, maiñteñañce, supervision, use and control of the aforesaid vehicle and the Defeñdañts
was otherwise negligent, careless and reckless under the circumstances then and there prevailing.
31. That by reason of the foregoing, Plaintiff, VICTOR M. RIVERA, sustained severe
and permanent personal injuries and was otherwise damaged.
32. That Plaintiff, VICTOR M. RIVERA, sustained serious injuries as defined by
§5102(d) of the Insurance Law of the State of New York.
33. That Plaintiff, VICTOR M. RIVERA, sustained serious injuries and economic loss
greater than basic economic loss as defined by §5104 of the Insurance Law ofthe State ofNew York.
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34. That Plaintiff, VICTOR M. RIVERA, is not seeking to recover any damages for
which Plaintiff has been reimbursed by no-fault insurañce and/or for which no-fault insureu1ce is
obligated to reimburse Plaintiff. Plaintiff is seeking to recover only those damages not recoverable
through no-fault insurance under the facts and circumstances in this action.
35. That this action falls within one or more of the exceptions set forth in CPLR §1602.
That Plaintiff VICTOR
36. by reason of the foregoing, M. RIVERA, has been damaged
in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
WHEREFORE, Plaintiff, VICTOR M. RIVERA, demands judgmeñt against the
Defendants, WILSSON R. HIDALGO VASQUEZ and WILSSON R. HIDALGO
VASQUEZ, in a sum exceeding the jurisdictional limits of all lower courts which would
otherwise have jurisdiction, together with the costs and disbursements of this action.
Dated: Brooklyn, New York
December 11, 2019
AKIVA OFSHTEIN, ESQ
OFSHTEIN LAW FIRM, P. C.
Attorneys for Plaintiff
VICTOR M. RIVERA
29th 2nd
15 Bay Street, FlOOr
Brooklyn, New York 11214
(718) 455-5252
Our File No. 19MVX5460
8
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VERtF(C/Cf (ON
STATE OF NEW YORK)ss
COUNTY OF K(NGS)
_,.. d clairnant in the
222L.._being
within achon, titat
duly sworn,depasesand
deponenthas read the
says that
deponent is the foregoing
\fER[FCCDSUMMONS AND COMP LENT, and latows thecontentsthereof; that the
sante is tsue to deponent '-; own knowledge except as to inatters therein stated to be
alleged upon infonuation
Preview
FILED: KINGS COUNTY CLERK 12/11/2019 04:34 PM INDEX NO. 526967/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/11/2019 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS Date Purchased: ----------------------------------------------- X SUMMONS VICTOR M. RIVERA, Plaintiff designates Kings Plaintiff, County as the place of trial. -against- The basis of venue is Defendants residence SUMMER OF 42 INC AND WILSSON R. HIDALGO VASQUEZ, Defendant resides at: 533 Liberty Avenue Defendants, Brooklyn, NY 11221 ------------------- ---- X County of Kings. To the above named Defendants: You are hereby summoned to answer the complaiñt in this action, and to serve a copy of your añswer, or, 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 service 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 añswer, judgiñeñt will be taken agaiñst you by default for the relief demanded in the complaint. Dated: Brooklyn, New York December 11, 2019 AKIVA OFSHTEIN, ESQ OFSHTEIN LAW FIRM, P. C. Attorneys for Plaintiff VICTOR M. RIVERA 29* 2"d 15 Bay Street, Floor Brooklyn, New York 11214 (718) 455-5252 Our File No. 19MVX5460 1 of 10 FILED: KINGS COUNTY CLERK 12/11/2019 04:34 PM INDEX NO. 526967/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/11/2019 TO: SUMMER OF 42 INC 533 Liberty Avenue Brooklyn, NY 11221 WILSSON R. HIDALGO VASQUEZ 161" 754 East Street Bronx, NY 10456 2 of 10 FILED: KINGS COUNTY CLERK 12/11/2019 04:34 PM INDEX NO. 526967/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/11/2019 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS Date Purchased: ---- X VICTOR M. RIVERA, VERIFIED COMPLAINT Plaintiff, -against- SUMMER OF 42 INC AND WILSSON R. HIDALGO VASQUEZ, Defendants, X Plaintiff, VICTOR M. RIVERA, by his attorneys, OFSHTEIN LAW FIRM, P. C., complaiñing of the Defendants, SUMMER OF 42 INC and WILSSON R. HIDALGO VASQUEZ, respectfully alleges, upon information and belief: 1. At all times herein mentioned, Plaintiff, VICTOR M. RIVERA, was and still is a resident of the County of Rockland, City and State of New York. 2. At all times herein mentioned, Defendant, WILSSON R. HIDALGO VASQUEZ, was and still is a resident of the County of Bronx, City and State of New York. 3. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York, with a principal office in Kings County 4. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still is a professional corporation duly orgañized and existing under and by virtue of the laws of the State of New York, with a principal office in Kings County 3 3 of 10 FILED: KINGS COUNTY CLERK 12/11/2019 04:34 PM INDEX NO. 526967/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/11/2019 5. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still is a duly authorized foreign corporation doing business in the State of New York, with a principal office in Kings County. 6. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still is a duly authorized foreign corporation transacting business in the State of New York. 7. At all times herein mentioned, Defendant, SUMMER OF 42 INC, does and/or solicits business within the State of New York. 8. At all times herein mentioned, Defendant, SUMMER OF 42 INC, derives substantial revenue from goods used or consumed or services rendered in the State of New York. 9. At all times herein mentioned, Defendant, SUMMER OF 42 INC, expected or reasonably should have expected its acts and business activities to have consequences within the State of New York 10. At all times herein mentioned, Defendant, SUMMER OF 42 INC, derives substantial revenues from interstate or international commerce. 11. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still is a domestic limited liability company duly orgãñized and existing under and by virtue of the laws of the State of New York, with a principal office in Kings County. 12. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still is a duly authorized foreign limited liability company duly organized and existing under and by virtue of the laws of the State of New York, with a principal office in Kings County. 4 4 of 10 FILED: KINGS COUNTY CLERK 12/11/2019 04:34 PM INDEX NO. 526967/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/11/2019 13. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still is a duly organized general partnership existing and doing business under and by virtue of the laws of the State of New York. 14. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still is a duly organized limited partnership existing and doing business under and by virtue of the laws of the State of New York. 15. At all times herein mentioned, Defendant, SUMMER OF 42 INC, was and still a duly organized proprietorship existing and doing business under the laws of the State of New York. 16. That on July 11, 2019, Defendant, SUMMER OF 42 INC, was the registered owner of a 2016 Toyota, motor vehicle bearing State of New York registration number T773068C. 17. That on July 11, 2019, Defendant, SUMMER OF 42 INC, was the lessor of a 2016 Toyota, motor vehicle bearing State of New York registration number T773068C. 18. That on July 11, 2019, Defendant, SUMMER OF 42 INC, was the lessee of a 2016 Toyota, motor vehicle bearing State of New York registration number T773068C. 19. That on July 11, 2019, Defendamt, WILSSON R. HIDALGO VASQUEZ, was the operator of a 2016 Toyota, motor vehicle bearing State of New York registration number T773068C. 5 5 of 10 FILED: KINGS COUNTY CLERK 12/11/2019 04:34 PM INDEX NO. 526967/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/11/2019 20. That on July 11, 2019, Defendant, WILSSON R. HIDALGO VASQUEZ, was controlling the 2016 Toyota, motor vehicle bearing State of New York registration ñümber T773068C. 21. That on July 11, 2019, Defendant, WILSSON R. HIDALGO VASQUEZ, was controlling the 2016 Toyota, motor vehicle bearing State of New York registration number T773068C, with the knowledge of defendant owner. 22. That on July 11, 2019, Defendant, WILSSON R. HIDALGO VASQUEZ, was controlling the 2016 Toyota, motor vehicle beariñg State of New York registration number T773068C, with the permission of defendant owner. 23. That on July 11, 2019, Defendant, WILSSON R. HIDALGO VASQUEZ, was controlling the 2016 Toyota, motor vehicle bearing State of New York registration number T773068C, with the express consent of defendant owner. 24. That on July 11, 2019, Defendant, WILSSON R. HIDALGO VASQUEZ, was controlling the 2016 Toyota, motor vehicle beariñg State of New York registration nu_mber T773068C, with the implied coñseñt of defendant owner. 25. That on July 11, 2019, Defendant, WILSSON R. HIDALGO VASQUEZ, was operating and controlling the 2016 Toyota, motor vehicle bearing State of New York registration number T773068C, on Bronx Boulevard at its intersection with Bronx River Avenue, Bronx, New York. 26. That on July 11, 2019, Defendant, WILSSON R. HIDALGO VASQUEZ, was operating and controlling the 2016 Toyota, motor vehicle bearing State of New York registration number T773068C, within the scope of his employment. 6 6 of 10 FILED: KINGS COUNTY CLERK 12/11/2019 04:34 PM INDEX NO. 526967/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/11/2019 27. At the aforesaid date and place, Plaintiff, VICTOR M. RIVERA, was lawfully operating a 2018 Ford, motor vehicle beariñg State of New York registration number defendants' JAA2675, when motor vehicle forcibly struck the plaintiffs vehicle at the aforementioned location. 28. That as a result of the aforesaid contact, Plaintiff, VICTOR M. RIVERA, was injured. 29. That the aforesaid occurrence was caused wholly and solely by reason of the negligence of the Defeñdañts without any fault or negligence on the part of the Plaintiff contributing thereto. 30. That Defendants were negligent, careless and reckless in the ownership, operation, mañagemcñt, maiñteñañce, supervision, use and control of the aforesaid vehicle and the Defeñdañts was otherwise negligent, careless and reckless under the circumstances then and there prevailing. 31. That by reason of the foregoing, Plaintiff, VICTOR M. RIVERA, sustained severe and permanent personal injuries and was otherwise damaged. 32. That Plaintiff, VICTOR M. RIVERA, sustained serious injuries as defined by §5102(d) of the Insurance Law of the State of New York. 33. That Plaintiff, VICTOR M. RIVERA, sustained serious injuries and economic loss greater than basic economic loss as defined by §5104 of the Insurance Law ofthe State ofNew York. 7 7 of 10 FILED: KINGS COUNTY CLERK 12/11/2019 04:34 PM INDEX NO. 526967/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/11/2019 34. That Plaintiff, VICTOR M. RIVERA, is not seeking to recover any damages for which Plaintiff has been reimbursed by no-fault insurañce and/or for which no-fault insureu1ce is obligated to reimburse Plaintiff. Plaintiff is seeking to recover only those damages not recoverable through no-fault insurance under the facts and circumstances in this action. 35. That this action falls within one or more of the exceptions set forth in CPLR §1602. That Plaintiff VICTOR 36. by reason of the foregoing, M. RIVERA, has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff, VICTOR M. RIVERA, demands judgmeñt against the Defendants, WILSSON R. HIDALGO VASQUEZ and WILSSON R. HIDALGO VASQUEZ, in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: Brooklyn, New York December 11, 2019 AKIVA OFSHTEIN, ESQ OFSHTEIN LAW FIRM, P. C. Attorneys for Plaintiff VICTOR M. RIVERA 29th 2nd 15 Bay Street, FlOOr Brooklyn, New York 11214 (718) 455-5252 Our File No. 19MVX5460 8 8 of 10 FILED: KINGS COUNTY CLERK 12/11/2019 04:34 PM INDEX NO. 526967/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/11/2019 VERtF(C/Cf (ON STATE OF NEW YORK)ss COUNTY OF K(NGS) _,.. d clairnant in the 222L.._being within achon, titat duly sworn,depasesand deponenthas read the says that deponent is the foregoing \fER[FCCDSUMMONS AND COMP LENT, and latows thecontentsthereof; that the sante is tsue to deponent '-; own knowledge except as to inatters therein stated to be alleged upon infonuation