Preview
FILED: NASSAU COUNTY CLERK 12/04/2019 03:14 PM INDEX NO. 616887/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019
SUPREME COURT OF THE STATE OF NEW YORK INdEX NO.:
COUNTY OF NASSAU
-------x srrMMoNs
MOIIAMMED SUFIAN,
Plaint j.f f designates
Nassau Count.y as the
Pl-aint if f , pl-ace of trial .
-against - The basis of venue is:
DefendanE's Residence
.fOVANA V. BENNETT, Defendant resides at:
755 Donlon Ave
West Hempstead, NY 115 52
To the above named Defendaat.
Iou are heretrry sumoned to answer the complainE in t.his
action, and to serve a copy of your answer, or if the complaint is
not served with thj,s summons, Eo serve a not.ice of appearance on
the plaintiffs' attorney(s) within twenty days afEer Ehe service of
t.his surnrnons exclusive of the day of service, where service is made
by delivery upon you personally wiEhin the statse, or wj-thin 30 days
afEer completion of service where service is made in any other
manner. In case of your failure to appear o , j udgrme nt wil-l-
be taken ag ainst you by default for re l-ie demanded in Ehe
complaint.
Dated : Mineola, New York
De c ernber 3, 20t9
JA , .JAGHAB & .JAGIAB
orn eys for Plaintiff
MOHAMMED SUFIAN
175 Mineola BLvd.
Mineola, NY 115 01
(s15) 747-8830
To: .JOVANA V. BENNETT
755 Donlon Ave
West Hempstead, New York 11552
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FILED: NASSAU COUNTY CLERK 12/04/2019 03:14 PM INDEX NO. 616887/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------x
MOHAMMED SUFIAN,
VERIFIED COMPI,AINT
Plaintiff,
- against -
lndex No.:
JOVANA V. BENNETT
t.hat Plaintiff by his aEEorneys ,IAGIIAB,
PLEASE TAKE NOTICE,
JAGIIAB & ,JAGIIAB, P.C., with offices at 176 Mj-neo]a B1vd., Mineola,
New York 11,501- complaining of the DefendanE, respectfully alleges
as follows:
FIRST: ThaE aE all t.imes hereinafter mentioned, the DefendanE
was and still is a resident of the County of Nassau, and State of
New YorK.
SECOND: That at all t.imes hereinafter mentioned P]aj.ntj,f f ,
MOHAMMED SUFIAN, was the operator of a 2Ol7 Toyota vehicle, bearing
New York State L.,icense No. T595453C f or t.he year 2018 .
THIRD: That at al,l- times hereinafter ment i oned, Defendant,
JOVANA V. BENNETT was the owner/operator of a certain 2 0I4 Honda
vehicfe bearing New York StaEe I-,icense No . HWA5695 for the year
20L8 .
FORTH: That prior t.o and at all Eimes hereinafter mentioned,
1495 Expressway, at or near iEs exit YeLLowstone Boulevard, County
of Queens, State of New York, was and still is a public roadway in
common use by the Plaintiff and residents of the County of Queens
and others.
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FILED: NASSAU COUNTY CLERK 12/04/2019 03:14 PM INDEX NO. 616887/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019
FIFTH: That on or about the 20th day of January, 2018, the
Defendant, JOVANA V. BENNETT, proceeded westbound on 1495 at or
near it.s int.ersect.ion wiEh Yellowstone Boulevard, County of Nassau,
St.ate of Queens.
SIXTH: That on or about the 20th day of ,January, 2018, the
Plaintiff, MOIIAMMED SUFIAN, was sEopped in traffic facing wesE.bound
on I495, at or near iEs intersection with YellowsEone Boulevard,
County of Nassau, SEaEe of Queens.
SEVENTH: That on or abouE Ehe 20th day of .fanuary, 2018, Ehe
DefendanE was negligent. in that. the Defendant caused or allowed
said mot.or vehicle t.o be operated in a negligent. manner in failing
and omitting to have the said motor vehicle under reasonable and
proper control , j,n carelessly and negligently causing and
permitting the said motor vehicle to be operated over and along the
public highway in a dangerous and negLigent manner, in being
careless and negl igent. in causing and permitting the said motor
vehicle Eo be operat.ed over and along Ehe publi.c highway at a high
and excessive rate of speed and/or at a greater rate of speed than
care and caution would permit under Ehe circumstances and
conditions Ehen and Ehere existing Eo the knowledge of said
Defendant, that said motor vehic]e was operat.ed in such a manner as
to cause the same t.o be operated in violation of the statutes and
police regulation in such case made and provided, in carelessly and
negli-gently failing and omitting to provide for and/or make prompt
and timely use of adequate and efficient brakes, signaling devices
3 of 7
FILED: NASSAU COUNTY CLERK 12/04/2019 03:14 PM INDEX NO. 616887/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019
and steering mechanisms; in carelessly and negligentl-y failing and
omitting to keep and maint.ain a proper lookout and be reasonably
al-ert; in causing and permitting said motor vehicle to be operated
in such a manner as to cause the same to come i-n contacE with the
vehicle operated by Plaintiff at t.he above mentioned l-ocation,
EIGHTH: That the aforesaid occurrence took place wit.hout any
negligence on the part of the Plaintiff hereto, but occurred so1e1y
through the negligence of the Defendant.
NINTH: That sole1y by reason of the negligence of the
Defendant, the Pl-aintiff , MOHAMMED SUFIAN. was caused to be and was
violently thrown in and abouE the motor vehj-cf e and against various
parts thereof and was caused Eo sustain serious and severe personal
injuries; and that the Pl,aintiff was rendered sick, sore, Iame. and
dj-sabl-ed; was caused to suffer, did suffer and, upon information
and belief, will continue Lo suffer great bodily and mental pain;
and upon information and belief, some of this Plaintiff's injuries
are of a permanent nature.
TENTH: That upon informaEion and belief, this Plaintiff
sustained a serious injury as defined by secLion 5102 of Lhe
Insurance Law, or economic loss greater than t.he basic economic
l-oss, as defined by section 5102 of Ehe Insurance Law.
ELEVEI IH; Upon information and belief, that this action falfs
within one or more of the exceptions enunciated in sectiort L602 of
the New York CPLR.
TWELFTH: That by reason of the foregoing, the Plaintiff,
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FILED: NASSAU COUNTY CLERK 12/04/2019 03:14 PM INDEX NO. 616887/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019
MoIIAMMED SUFIAN has susEained damages in the amount which exceeds
the jurisdicEional limit.s of Ehe Court.s be1ow.
WHEREFORE, Plaintiff respecEfully demands j udgment against the
Defendant in an amount which exceeds Ehe jurisdicEional limit.s of
the Courts below, aff together with cost.s and disbursements of this
action, and any other reli.ef this Court deems just and proper .
Dated: Mineola, New York
Decen rer 3, 20).9
Yours, etc. ,
TIAB , .]AG}AB G P.C
By:
SCHER, ESQ.
At to eys for Plaintiff
175 Mineola B1vd.
Mineola, NY 115 01
(s15 ) 747-8830
5 of 7
FILED: NASSAU
shple COUNTY CLERK 12/04/2019 03:14 PM INDEX NO. 616887/2019
s29o2 @ r995.r!ou3 BLuM6E.c, ldc.,
herc here
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019
PID cois t s sil up on lop ol k! 2. Ui htom ol coilf q rd o*t 3. Fold oll, ddn Blti Ha! Nol ldrE ramB
m ol @rst Stapt 6 il{itd =]- la, hlrll{ ofl lop s.oo liri on lllEininC saq! hll. mitl ,ru a00..'s in $ndfl
.=-=
+=
STATE OF NEW YORK, COT NTY OF ss.:
I, the undersigned, an attomey admined to pnctice in the courts ofNew York State,
tr ffi cenify that the within
' has been compared by me with the original and found to be a true and complerc copy.
i tr E star€ that I am
the anomey(s) of record for in the within
I
! action: I have read the foregoing and know the contents thereof;
I the same is true to my own knowledge, except as to the matters therein alleged to be on information and belief, and as to those matters
I believe it to be uue. The reason this verification is made by me and not by
The grounds of my belief as to all matlers not stated upon my own knowledge are as follows
I affirm that the foregoing statements are kue, under the penalties of perjury
Dated: Ih. nrm. rlgnad muil br p trlid b.na h
STATE OF NEW YORK, COUNTY OF NASSAU ss.:
I, $-re undersigned, beinS duly swom. depose and say: I am Plaintiff
tr ffii in the action; I have read rhe foregoing Summons and Complaint
and know the contents thereof; the same is true to my own knowledge, except
as to the manerc therein stated to be alleged on information and belief, ard as to those matters I believe it to b€ true.
!tr
t the
a
of
corporation and a party in the within action; I have read the foregoing
x and know the contents thereof; and the same is true to my own knowledge,
except as to the matters be al leged upon information and beliei and as to those maners I believe it to be true. This
verification is me because the pany is a corporation and I am an officer thereof
The grounds of as to all mane$ y own knowledge are as follows
(
December PJg,,L;
Swom to before me on na i.nr rlemd mrn t. IrlnLd laiult
No oI New Yor k
/52i4 MOHAMMED SUFIAN
r .,sor.r C,ounly
Comn,-s-n oqtos Oo' 9' 20 Z>
STATE OF NEW YORK, COLJNTY OF ss.: 0f rmrc rlun orrc bor is char.d-iodicdc an r nrm.s typc of s.ffic. uscd.)
I, the undersigned, being sworn, say: I am not a pany to the action, am over l8 years of age and reside at
On I served the within
tr 8.dl
DLll by mailing a copy to each of the following persons at the last known address set fonh after each name b€low.
by delivering a true copy of each personally to each person named below at the address indicated. I knew each person served
t_tr
to be the persor mentioned and described in said papen as a po rty therein:
liMdl|.l
bytransmittingacopyto0rcfollowingpenonsby!FAXathetelephonerumbersetforthaftereachnarnebelowtrE-MAIL
!o
I
E fllr. t
a.clolh at the E-Mail addrcss set forlh after each name below, which was designated by the anomey for such purpose, and by mailing a
copy to the address set forth after each name.
OY.nlgtl
Xu D.llltq
8.,nc.
by dispatching a copy by ovemight delivery to each of the following persons at the last known address s€t fonh after each name
below.
Il. nana aiCn.d nui l. lrll|ld !.r.ril
Swom to before me on
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FILED: NASSAU COUNTY CLERK 12/04/2019 03:14 PM INDEX NO. 616887/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019
SUPREME COURT NASSAU
STATE OF NEW YORK, COUNTY OF Index No. Year 19
MOHAMMED SUFIAN,
Plaintiff,
-against-
JOVANA V. BENNET,
Def endant.
SUMMONS AND VERIFIED COMPLA]NT
JAG}IAB & JAG}IAB
Attotney(s) tor plaintif f
Ofice and Post Ofrce Addt.ss, Tel.phone
176 Mlneola Bhd.
MINEOTA NEWYOnX Ir5Ol
(516) 7a7{830
Service of a copy of the within
To is hereby admitted.
Dated: 19........
Attorncy(s) for
PLEASE TAKE NOTICE:
D NOTICE OF ENTRY
that the within is a (certified) true copy ol a
duly entered in the office of the clerk of the within named court on l9
D 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 t9 at M
Dated,
Yours, etc.
JAGTIAB & JAGHAB
7 of 7
Preview
FILED: NASSAU COUNTY CLERK 12/04/2019 03:14 PM INDEX NO. 616887/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019 SUPREME COURT OF THE STATE OF NEW YORK INdEX NO.: COUNTY OF NASSAU -------x srrMMoNs MOIIAMMED SUFIAN, Plaint j.f f designates Nassau Count.y as the Pl-aint if f , pl-ace of trial . -against - The basis of venue is: DefendanE's Residence .fOVANA V. BENNETT, Defendant resides at: 755 Donlon Ave West Hempstead, NY 115 52 To the above named Defendaat. Iou are heretrry sumoned to answer the complainE in t.his action, and to serve a copy of your answer, or if the complaint is not served with thj,s summons, Eo serve a not.ice of appearance on the plaintiffs' attorney(s) within twenty days afEer Ehe service of t.his surnrnons exclusive of the day of service, where service is made by delivery upon you personally wiEhin the statse, or wj-thin 30 days afEer completion of service where service is made in any other manner. In case of your failure to appear o , j udgrme nt wil-l- be taken ag ainst you by default for re l-ie demanded in Ehe complaint. Dated : Mineola, New York De c ernber 3, 20t9 JA , .JAGHAB & .JAGIAB orn eys for Plaintiff MOHAMMED SUFIAN 175 Mineola BLvd. Mineola, NY 115 01 (s15) 747-8830 To: .JOVANA V. BENNETT 755 Donlon Ave West Hempstead, New York 11552 1 of 7 FILED: NASSAU COUNTY CLERK 12/04/2019 03:14 PM INDEX NO. 616887/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------x MOHAMMED SUFIAN, VERIFIED COMPI,AINT Plaintiff, - against - lndex No.: JOVANA V. BENNETT t.hat Plaintiff by his aEEorneys ,IAGIIAB, PLEASE TAKE NOTICE, JAGIIAB & ,JAGIIAB, P.C., with offices at 176 Mj-neo]a B1vd., Mineola, New York 11,501- complaining of the DefendanE, respectfully alleges as follows: FIRST: ThaE aE all t.imes hereinafter mentioned, the DefendanE was and still is a resident of the County of Nassau, and State of New YorK. SECOND: That at all t.imes hereinafter mentioned P]aj.ntj,f f , MOHAMMED SUFIAN, was the operator of a 2Ol7 Toyota vehicle, bearing New York State L.,icense No. T595453C f or t.he year 2018 . THIRD: That at al,l- times hereinafter ment i oned, Defendant, JOVANA V. BENNETT was the owner/operator of a certain 2 0I4 Honda vehicfe bearing New York StaEe I-,icense No . HWA5695 for the year 20L8 . FORTH: That prior t.o and at all Eimes hereinafter mentioned, 1495 Expressway, at or near iEs exit YeLLowstone Boulevard, County of Queens, State of New York, was and still is a public roadway in common use by the Plaintiff and residents of the County of Queens and others. 2 of 7 FILED: NASSAU COUNTY CLERK 12/04/2019 03:14 PM INDEX NO. 616887/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019 FIFTH: That on or about the 20th day of January, 2018, the Defendant, JOVANA V. BENNETT, proceeded westbound on 1495 at or near it.s int.ersect.ion wiEh Yellowstone Boulevard, County of Nassau, St.ate of Queens. SIXTH: That on or about the 20th day of ,January, 2018, the Plaintiff, MOIIAMMED SUFIAN, was sEopped in traffic facing wesE.bound on I495, at or near iEs intersection with YellowsEone Boulevard, County of Nassau, SEaEe of Queens. SEVENTH: That on or abouE Ehe 20th day of .fanuary, 2018, Ehe DefendanE was negligent. in that. the Defendant caused or allowed said mot.or vehicle t.o be operated in a negligent. manner in failing and omitting to have the said motor vehicle under reasonable and proper control , j,n carelessly and negligently causing and permitting the said motor vehicle to be operated over and along the public highway in a dangerous and negLigent manner, in being careless and negl igent. in causing and permitting the said motor vehicle Eo be operat.ed over and along Ehe publi.c highway at a high and excessive rate of speed and/or at a greater rate of speed than care and caution would permit under Ehe circumstances and conditions Ehen and Ehere existing Eo the knowledge of said Defendant, that said motor vehic]e was operat.ed in such a manner as to cause the same t.o be operated in violation of the statutes and police regulation in such case made and provided, in carelessly and negli-gently failing and omitting to provide for and/or make prompt and timely use of adequate and efficient brakes, signaling devices 3 of 7 FILED: NASSAU COUNTY CLERK 12/04/2019 03:14 PM INDEX NO. 616887/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019 and steering mechanisms; in carelessly and negligentl-y failing and omitting to keep and maint.ain a proper lookout and be reasonably al-ert; in causing and permitting said motor vehicle to be operated in such a manner as to cause the same to come i-n contacE with the vehicle operated by Plaintiff at t.he above mentioned l-ocation, EIGHTH: That the aforesaid occurrence took place wit.hout any negligence on the part of the Plaintiff hereto, but occurred so1e1y through the negligence of the Defendant. NINTH: That sole1y by reason of the negligence of the Defendant, the Pl-aintiff , MOHAMMED SUFIAN. was caused to be and was violently thrown in and abouE the motor vehj-cf e and against various parts thereof and was caused Eo sustain serious and severe personal injuries; and that the Pl,aintiff was rendered sick, sore, Iame. and dj-sabl-ed; was caused to suffer, did suffer and, upon information and belief, will continue Lo suffer great bodily and mental pain; and upon information and belief, some of this Plaintiff's injuries are of a permanent nature. TENTH: That upon informaEion and belief, this Plaintiff sustained a serious injury as defined by secLion 5102 of Lhe Insurance Law, or economic loss greater than t.he basic economic l-oss, as defined by section 5102 of Ehe Insurance Law. ELEVEI IH; Upon information and belief, that this action falfs within one or more of the exceptions enunciated in sectiort L602 of the New York CPLR. TWELFTH: That by reason of the foregoing, the Plaintiff, 4 of 7 FILED: NASSAU COUNTY CLERK 12/04/2019 03:14 PM INDEX NO. 616887/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019 MoIIAMMED SUFIAN has susEained damages in the amount which exceeds the jurisdicEional limit.s of Ehe Court.s be1ow. WHEREFORE, Plaintiff respecEfully demands j udgment against the Defendant in an amount which exceeds Ehe jurisdicEional limit.s of the Courts below, aff together with cost.s and disbursements of this action, and any other reli.ef this Court deems just and proper . Dated: Mineola, New York Decen rer 3, 20).9 Yours, etc. , TIAB , .]AG}AB G P.C By: SCHER, ESQ. At to eys for Plaintiff 175 Mineola B1vd. Mineola, NY 115 01 (s15 ) 747-8830 5 of 7 FILED: NASSAU shple COUNTY CLERK 12/04/2019 03:14 PM INDEX NO. 616887/2019 s29o2 @ r995.r!ou3 BLuM6E.c, ldc., herc here NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019 PID cois t s sil up on lop ol k! 2. Ui htom ol coilf q rd o*t 3. Fold oll, ddn Blti Ha! Nol ldrE ramB m ol @rst Stapt 6 il{itd =]- la, hlrll{ ofl lop s.oo liri on lllEininC saq! hll. mitl ,ru a00..'s in $ndfl .=-= += STATE OF NEW YORK, COT NTY OF ss.: I, the undersigned, an attomey admined to pnctice in the courts ofNew York State, tr ffi cenify that the within ' has been compared by me with the original and found to be a true and complerc copy. i tr E star€ that I am the anomey(s) of record for in the within I ! action: I have read the foregoing and know the contents thereof; I the same is true to my own knowledge, except as to the matters therein alleged to be on information and belief, and as to those matters I believe it to be uue. The reason this verification is made by me and not by The grounds of my belief as to all matlers not stated upon my own knowledge are as follows I affirm that the foregoing statements are kue, under the penalties of perjury Dated: Ih. nrm. rlgnad muil br p trlid b.na h STATE OF NEW YORK, COUNTY OF NASSAU ss.: I, $-re undersigned, beinS duly swom. depose and say: I am Plaintiff tr ffii in the action; I have read rhe foregoing Summons and Complaint and know the contents thereof; the same is true to my own knowledge, except as to the manerc therein stated to be alleged on information and belief, ard as to those matters I believe it to b€ true. !tr t the a of corporation and a party in the within action; I have read the foregoing x and know the contents thereof; and the same is true to my own knowledge, except as to the matters be al leged upon information and beliei and as to those maners I believe it to be true. This verification is me because the pany is a corporation and I am an officer thereof The grounds of as to all mane$ y own knowledge are as follows ( December PJg,,L; Swom to before me on na i.nr rlemd mrn t. IrlnLd laiult No oI New Yor k /52i4 MOHAMMED SUFIAN r .,sor.r C,ounly Comn,-s-n oqtos Oo' 9' 20 Z> STATE OF NEW YORK, COLJNTY OF ss.: 0f rmrc rlun orrc bor is char.d-iodicdc an r nrm.s typc of s.ffic. uscd.) I, the undersigned, being sworn, say: I am not a pany to the action, am over l8 years of age and reside at On I served the within tr 8.dl DLll by mailing a copy to each of the following persons at the last known address set fonh after each name b€low. by delivering a true copy of each personally to each person named below at the address indicated. I knew each person served t_tr to be the persor mentioned and described in said papen as a po rty therein: liMdl|.l bytransmittingacopyto0rcfollowingpenonsby!FAXathetelephonerumbersetforthaftereachnarnebelowtrE-MAIL !o I E fllr. t a.clolh at the E-Mail addrcss set forlh after each name below, which was designated by the anomey for such purpose, and by mailing a copy to the address set forth after each name. OY.nlgtl Xu D.llltq 8.,nc. by dispatching a copy by ovemight delivery to each of the following persons at the last known address s€t fonh after each name below. Il. nana aiCn.d nui l. lrll|ld !.r.ril Swom to before me on 6 of 7 FILED: NASSAU COUNTY CLERK 12/04/2019 03:14 PM INDEX NO. 616887/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019 SUPREME COURT NASSAU STATE OF NEW YORK, COUNTY OF Index No. Year 19 MOHAMMED SUFIAN, Plaintiff, -against- JOVANA V. BENNET, Def endant. SUMMONS AND VERIFIED COMPLA]NT JAG}IAB & JAG}IAB Attotney(s) tor plaintif f Ofice and Post Ofrce Addt.ss, Tel.phone 176 Mlneola Bhd. MINEOTA NEWYOnX Ir5Ol (516) 7a7{830 Service of a copy of the within To is hereby admitted. Dated: 19........ Attorncy(s) for PLEASE TAKE NOTICE: D NOTICE OF ENTRY that the within is a (certified) true copy ol a duly entered in the office of the clerk of the within named court on l9 D 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 t9 at M Dated, Yours, etc. JAGTIAB & JAGHAB 7 of 7