Preview
FILED: NASSAU COUNTY CLERK 12/04/2019 06:27 PM INDEX NO. 616904/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
Date Purchased:
COUNTY OF NASSAU
---------------------------------------------------------------------X
JAKYE WALTERS,
SUMMONS
Plaintiff(s),
Plaintiff designates NASSAU
County as the place of trial.
-against-
The basis of venue is:
Plaintiff's Residence
JUANA TREGLIA and RICHARD TREGLIA,
Plaintiff resides at:
Defendant(s). 18 Dutchess Street
---------------------- --------------------------X Freeport, New York 11520
County of Nassau
To the above named Defendant:
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 the Plaintiff's Attorney within twenty (20) days after the service of this supplemental
summons, exclusive of the day of service (or within thirty (30) days after the service in 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
herein.
Dated: Brooklyn, New York
December 4, 2019
ERIK IKHILO , 'Q.
Ikhilov & Ass
Attorneys for aintiff(s)
JAKYE WALTERS
2357 Coney Island Avenue
Brooklyn, New York 11223
718-336-4999
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Defendant's Address:
JUANA TREGLIA
32 Oxford Road
East Rockaway, NY 11518
RICHARD TREGLIA
32 Oxford Road
East Rockaway, NY 11518
NOTE: The law provides that
(a) ifthis summons is served by its delivery to you personally within the City ofNew York, you
must appear and answer within TWENTY days after such service; or
(b) if this Summons is served by delivery to any person other than you personally, or is served
outside the City of New York, or by publication or by any means other than personal
delivery to you within the City ofNew York, you are allowed THIRTY days after proof of
service thereof is filed with the Clerk of this Court within which to appear and answer.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU Index No.:
----------------------------------------------------------------X Date Purchased:
JAKYE WALTERS,
VERIFIED
Plaintiff(s), COMPLAINT
-against-
JUANA TREGLIA and RICHARD TREGLIA,
Defendant(s),
___-----------------------------------------------X
Plaintiff JAKYE WALTERS, by his attorneys, IKHILOV & ASSOCIATES, as and for his
Verified Complaint against the Defendants JUANA TREGLIA and RICHARD TREGLIA
respectfully alleges, upon information and belief as follows:
1. That at all times hereinafter alleged, Plaintiff JAKYE WALTERS was and still is a resident
of the County of Nassau, in the State of New York, and as such he is subject to the
jurisdiction of this honorable court.
2. That at all times hereinafter mentioned, Defendant JUANA TREGLIA was and still is a
resident of the County of Nassau, in the State of New York.
3. That at all times hereinafter mentioned, Defendant RICHARD TREGLIA was and still is a
resident of the County of Nassau, in the State of New York.
4. That on or about January 11, 2019, Defendant JUANA TREGLIA was in physical control of
a 2012 Nissan motor vehicle bearing New York State registration number BAA2526, with
the knowledge, consent, and permission of the owner.
5. That on or about January 11, 2019, Defendant JUANA TREGLIA did control a 2012 Nissan
motor vehicle bearing New York State registration number BAA2526.
6. That on or about January 11, 2019, Defendant JUANA TREGLIA did maintain a 2012
Nissan motor vehicle bearing New York State registration number BAA2526.
7. That on or about January 1 1, 2019, Defendant RICHARD TREGLIA was the lawful owner
of a 2012 Nissan motor vehicle bearing New York State registration number BAA2526.
8. That on or about January 11, 2019, Defendant RICHARD TREGLIA did maintain a 2012
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Nissan motor vehicle bearing New York State registration number BAA2526.
9. That on or about January 11, 2019, Plaintiff JAKYE WALTERS was the lawful operator ofa
2010 Audi motor vehicle bearing New York State registration number JBJ2727.
10. That on or about January 11, 2019, Plaintiff JAKYE WALTERS was in physical control of a
2010 Audi motor vehicle bearing New York State registration number JBJ2727 with the
knowledge, consent, and permission of the owner.
11. That on or about January 11, 2019, Plaintiff JAKYE WALTERS did control a 2010 Audi
motor vehicle bearing New York State registration number JBJ2727.
12. That on or about January 11, 2019, Plaintiff JAKYE WALTERS did maintain a 2010 Audi
motor vehicle bearing New York State registration number JBJ2727.
13. That at all times hereinafter mentioned, South Long Beach Avenue, at or near its intersection
with Bay Street, was and still is a public street and/or thoroughfare in the County of Nassau,
State of New York.
14. That on or about January 11, 2019, at the aforesaid location, the aforesaid 2010 Audi motor
vehicle bearing New York State registration number JBJ2727 operated by Plaintiff JAKYE
WALTERS was struck, collided into, had an accident with the aforesaid 2012 Nissan motor
vehicle bearing New York registration number BAA2526 operated by Defendant JUANA
TREGLIA and owned by Defendant RICHARD TREGLIA.
15. That the aforesaid collision and accident was the result of negligence, carelessness and
recklessness of the Defendant, as follows: that the Defendant was negligent, careless and
reckless in the ownership, operation, maintenance, inspection, repair, custody and control of
his/her motor vehicle; that Defendant's motor vehicle was operated at an excessive rate of
speed; the Defendant operated his/her motor vehicle in an improper and negligent manner
given the attendant circumstance, and in violation of applicable laws, rules, regulations,
and/or ordinances; that non-use and/or improper use was made of the horn, signals, steering
and braking mechanisms to Defendant's motor vehicle; that the operator of Defendant's
motor vehicle failed to yield the right of way, warn, pay heed and attention to existing traffic
and roadway conditions, signals and devices, and failed to operate his/her motor vehicle in a
reasonable safe manner and distance under the attendant circumstance, and failed to avoid
the happening of the subject accident; that the operator of Defendant's motor vehicles failed
to act as a reasonable safe and prudent driver, so as to cause and/or contribute to the
happening of the subject accident; that the Defendant improperly, unreasonably, negligently,
carelessly and recklessly operated his/her motor vehicle so as to wrongfully enter the subject
accident; and that the Defendant was otherwise careless, reckless and negligent.
16. That Plaintiff JAKYE WALTERS was free from contributing and/or comparative negligence
in the happening of the subject occurrence.
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17. That as a result of this occurrence, Plaintiff sustained serious and severe personal injuries
and nervous shock, was rendered sick, sore, lame and disabled, and has remained so since
this occurrence, has required medical treatment, will upon information and belief require
additional care and treatment in the future, and upon information and belief sustained
economic and/or property damages.
18. That Plaintiff JAKYE WALTERS is a covered person, and has sustained a "serious injury",
within the meaning of Section 5102 of the Insurance Law of the State of New York.
19. That one or more exceptions to the limited joint and several liability provisions set forth in
Article 16 of the CPLR apply.
20. That Plaintiff JAKYE WALTERS, therefore, seeks monetary damages for this cause of
action in excess of the jurisdictional limits of all lower Courts, the specific sum of which to
be determined by the trier of fact and law.
WHEREFORE, Plaintiff requests judgment against the Defendant in a sum exceeding the
jurisdiction of all lower courts which would otherwise have jurisdiction, together with the costs and
disbursements of this action.
Dated: Brooklyn, New York
December 4, 2019
Yours, etc.
ERIK IKHIL
Ikhilov & As diates
Attorneys for Plaintiff(s)
JAKYE WALTERS
2357 Coney Island Avenue
Brooklyn, New York 1 1223
718-336-4999
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ATTORNEY VERIFICATION
STATE OF NEW YORK )
) s.s.:
COUNTY OF KINGS )
I, ERIK IKHILOV, being duly sworn, depose and say:
I, the undersigned, an attorney admitted to practice in the Courts of New York
State, state that I am the attorney of record for the Plaintiff in the within action; I have read the
foregoing pleading; the same is true of 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 true.
Dated: Brooklyn, New York
December 4, 2019
ERIK IK I V SQ.
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Preview
FILED: NASSAU COUNTY CLERK 12/04/2019 06:27 PM INDEX NO. 616904/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019 Index No.: SUPREME COURT OF THE STATE OF NEW YORK Date Purchased: COUNTY OF NASSAU ---------------------------------------------------------------------X JAKYE WALTERS, SUMMONS Plaintiff(s), Plaintiff designates NASSAU County as the place of trial. -against- The basis of venue is: Plaintiff's Residence JUANA TREGLIA and RICHARD TREGLIA, Plaintiff resides at: Defendant(s). 18 Dutchess Street ---------------------- --------------------------X Freeport, New York 11520 County of Nassau To the above named Defendant: 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 the Plaintiff's Attorney within twenty (20) days after the service of this supplemental summons, exclusive of the day of service (or within thirty (30) days after the service in 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 herein. Dated: Brooklyn, New York December 4, 2019 ERIK IKHILO , 'Q. Ikhilov & Ass Attorneys for aintiff(s) JAKYE WALTERS 2357 Coney Island Avenue Brooklyn, New York 11223 718-336-4999 1 of 6 FILED: NASSAU COUNTY CLERK 12/04/2019 06:27 PM INDEX NO. 616904/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019 Defendant's Address: JUANA TREGLIA 32 Oxford Road East Rockaway, NY 11518 RICHARD TREGLIA 32 Oxford Road East Rockaway, NY 11518 NOTE: The law provides that (a) ifthis summons is served by its delivery to you personally within the City ofNew York, you must appear and answer within TWENTY days after such service; or (b) if this Summons is served by delivery to any person other than you personally, or is served outside the City of New York, or by publication or by any means other than personal delivery to you within the City ofNew York, you are allowed THIRTY days after proof of service thereof is filed with the Clerk of this Court within which to appear and answer. 2 of 6 FILED: NASSAU COUNTY CLERK 12/04/2019 06:27 PM INDEX NO. 616904/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Index No.: ----------------------------------------------------------------X Date Purchased: JAKYE WALTERS, VERIFIED Plaintiff(s), COMPLAINT -against- JUANA TREGLIA and RICHARD TREGLIA, Defendant(s), ___-----------------------------------------------X Plaintiff JAKYE WALTERS, by his attorneys, IKHILOV & ASSOCIATES, as and for his Verified Complaint against the Defendants JUANA TREGLIA and RICHARD TREGLIA respectfully alleges, upon information and belief as follows: 1. That at all times hereinafter alleged, Plaintiff JAKYE WALTERS was and still is a resident of the County of Nassau, in the State of New York, and as such he is subject to the jurisdiction of this honorable court. 2. That at all times hereinafter mentioned, Defendant JUANA TREGLIA was and still is a resident of the County of Nassau, in the State of New York. 3. That at all times hereinafter mentioned, Defendant RICHARD TREGLIA was and still is a resident of the County of Nassau, in the State of New York. 4. That on or about January 11, 2019, Defendant JUANA TREGLIA was in physical control of a 2012 Nissan motor vehicle bearing New York State registration number BAA2526, with the knowledge, consent, and permission of the owner. 5. That on or about January 11, 2019, Defendant JUANA TREGLIA did control a 2012 Nissan motor vehicle bearing New York State registration number BAA2526. 6. That on or about January 11, 2019, Defendant JUANA TREGLIA did maintain a 2012 Nissan motor vehicle bearing New York State registration number BAA2526. 7. That on or about January 1 1, 2019, Defendant RICHARD TREGLIA was the lawful owner of a 2012 Nissan motor vehicle bearing New York State registration number BAA2526. 8. That on or about January 11, 2019, Defendant RICHARD TREGLIA did maintain a 2012 3 of 6 FILED: NASSAU COUNTY CLERK 12/04/2019 06:27 PM INDEX NO. 616904/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019 Nissan motor vehicle bearing New York State registration number BAA2526. 9. That on or about January 11, 2019, Plaintiff JAKYE WALTERS was the lawful operator ofa 2010 Audi motor vehicle bearing New York State registration number JBJ2727. 10. That on or about January 11, 2019, Plaintiff JAKYE WALTERS was in physical control of a 2010 Audi motor vehicle bearing New York State registration number JBJ2727 with the knowledge, consent, and permission of the owner. 11. That on or about January 11, 2019, Plaintiff JAKYE WALTERS did control a 2010 Audi motor vehicle bearing New York State registration number JBJ2727. 12. That on or about January 11, 2019, Plaintiff JAKYE WALTERS did maintain a 2010 Audi motor vehicle bearing New York State registration number JBJ2727. 13. That at all times hereinafter mentioned, South Long Beach Avenue, at or near its intersection with Bay Street, was and still is a public street and/or thoroughfare in the County of Nassau, State of New York. 14. That on or about January 11, 2019, at the aforesaid location, the aforesaid 2010 Audi motor vehicle bearing New York State registration number JBJ2727 operated by Plaintiff JAKYE WALTERS was struck, collided into, had an accident with the aforesaid 2012 Nissan motor vehicle bearing New York registration number BAA2526 operated by Defendant JUANA TREGLIA and owned by Defendant RICHARD TREGLIA. 15. That the aforesaid collision and accident was the result of negligence, carelessness and recklessness of the Defendant, as follows: that the Defendant was negligent, careless and reckless in the ownership, operation, maintenance, inspection, repair, custody and control of his/her motor vehicle; that Defendant's motor vehicle was operated at an excessive rate of speed; the Defendant operated his/her motor vehicle in an improper and negligent manner given the attendant circumstance, and in violation of applicable laws, rules, regulations, and/or ordinances; that non-use and/or improper use was made of the horn, signals, steering and braking mechanisms to Defendant's motor vehicle; that the operator of Defendant's motor vehicle failed to yield the right of way, warn, pay heed and attention to existing traffic and roadway conditions, signals and devices, and failed to operate his/her motor vehicle in a reasonable safe manner and distance under the attendant circumstance, and failed to avoid the happening of the subject accident; that the operator of Defendant's motor vehicles failed to act as a reasonable safe and prudent driver, so as to cause and/or contribute to the happening of the subject accident; that the Defendant improperly, unreasonably, negligently, carelessly and recklessly operated his/her motor vehicle so as to wrongfully enter the subject accident; and that the Defendant was otherwise careless, reckless and negligent. 16. That Plaintiff JAKYE WALTERS was free from contributing and/or comparative negligence in the happening of the subject occurrence. 4 of 6 FILED: NASSAU COUNTY CLERK 12/04/2019 06:27 PM INDEX NO. 616904/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019 17. That as a result of this occurrence, Plaintiff sustained serious and severe personal injuries and nervous shock, was rendered sick, sore, lame and disabled, and has remained so since this occurrence, has required medical treatment, will upon information and belief require additional care and treatment in the future, and upon information and belief sustained economic and/or property damages. 18. That Plaintiff JAKYE WALTERS is a covered person, and has sustained a "serious injury", within the meaning of Section 5102 of the Insurance Law of the State of New York. 19. That one or more exceptions to the limited joint and several liability provisions set forth in Article 16 of the CPLR apply. 20. That Plaintiff JAKYE WALTERS, therefore, seeks monetary damages for this cause of action in excess of the jurisdictional limits of all lower Courts, the specific sum of which to be determined by the trier of fact and law. WHEREFORE, Plaintiff requests judgment against the Defendant in a sum exceeding the jurisdiction of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: Brooklyn, New York December 4, 2019 Yours, etc. ERIK IKHIL Ikhilov & As diates Attorneys for Plaintiff(s) JAKYE WALTERS 2357 Coney Island Avenue Brooklyn, New York 1 1223 718-336-4999 5 of 6 FILED: NASSAU COUNTY CLERK 12/04/2019 06:27 PM INDEX NO. 616904/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019 ATTORNEY VERIFICATION STATE OF NEW YORK ) ) s.s.: COUNTY OF KINGS ) I, ERIK IKHILOV, being duly sworn, depose and say: I, the undersigned, an attorney admitted to practice in the Courts of New York State, state that I am the attorney of record for the Plaintiff in the within action; I have read the foregoing pleading; the same is true of 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 true. Dated: Brooklyn, New York December 4, 2019 ERIK IK I V SQ. 6 of 6