Preview
FILED: SULLIVAN COUNTY CLERK 12/02/2019 12:55 PM INDEX NO. E2019-2543
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
SULLIVAN COUNTY
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--------------------------4------------------X
TERESA M. VITALE,
Plaintiff, VERIFIED COMPLAINT
-against-
Index # E2019-2543
Index No.:
ALLEN J. BOYCE,
Defendant.
--------------------------------------------+-------------------X
Plaintiff, TERESA M. VITALE, by their attorneys, SOBO & as
SOBO, LL.P,,
and for the Verified herein allege the
Complaint, following:
1. That at all times hereinafter the plaintiff
nientioned, was and still is a
resident of the County of Sullivan, State ofNew York.
2. That at all times acreinafter upon
mentioned, information and belief, the
defendant, ALLEN J. BOYCE, was arid stillis.a resident of the of State
County Sullivan,
of New York.
3.. That at all times herehiafter upon
mentioned, information and belief, the
defendant, ALLEN J. BOYCE, was phe titled owner of a 1996 Ford motor vchicle,
bearing License Plate #DML4635, for the State of New York.
4. That at all times hereiqafter upon
mentioned, information and belief, the
defendant, ALLEN J. BOYCE was the registered owner of a 1996 Ford motor vehicle,
bearing License Plate #DML4635, for the State of New York.
5. That at all times hereinafter meh-tioned3 upon information and belief, the
defendant, ALLEN J. BOYCE, was the operator of the aforesaid 1996 Ford motor
vehicle, bearing License Plate #DML4635, for the State of New York.
ILED IN SULLIVAN COUNTY CLERKS OFFICE 112/2/2019
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6. That at all times hereinafter inentioned, the plaintiff was the owner and
operator of a 1999 Olds motor vehicle, bearing License Plate #HKA1720.
7. That at all times hereinafter mentioned, Sunset Lake Road near
Lane, located in the Town of Liberty, County of Sullivan and State of New
Conununity
was and still is a public and thoroughfare and was the situs of the accident
York, roadway
herein.
8. That on or about the December 22, 2016, the aforementioned motor
vehicles were in contact with each other.
9. The contact and injuries alleged herein were eâüsed by the negligent,
wanton, reckless and careless acts of the defendant herein.
10. That the Defendant was negligent, wanton, reckless and careless in
allowing, and/or permitting| the motor vehicle owned and operated said
causing by
defendants herein to come into contact with each other;.in failing to yield the right of way
to oncoming traffic; in failing to enter an intersection in a proper and lawful manner; in
failing to yield the right of way to oncoming traffic; in failing to take those steps
necessary to avoid the contingency which herein occurred; in failing to properly see what
was apparent to be seen; in failing to keep a proper lookout; in breaching a duty to other
motorists to.operate the rnotor vehicle in a safe and lawful manner; in failing to keep the
motor vehicle under proper control; in failing to operate the motor vehicle in a manner
and at.a speed that was reasonable and proper under the prevailing traffic conditions; in
failing to properly keep,.maintain, inspect and repair the motor vehicle so as to prevent
the contingency which herein occurred; in failing to properly operate the braking and
acceleration devices of the motor vehicle under the circumstances of the roadway where
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FILED: SULLIVAN COUNTY CLERK 12/02/2019 12:55 PM INDEX NO. E2019-2543
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2019
the accident occurred; in to properly and/or slow down; in violating the rules
failing stop
of the road as set forth herein; in to one or more traffic control device(s); in
failing obey
failing to observe that degree of caution, prudence and care which was reasóñable and
proper under the controlling circumstances; in acting with reckless disregard for the
safety of others; in failing to keep alert and attentive; and the defendant was in other ways
negligent, wanton, reckless and careless.
11. That the defendant is liable to the Plaintiff upon the doctrine of res ipsa
loquitur.
12. The limited liability provisions of CPLR §1601 do not apply, pursuant to
the exceptions of CPLR §1602.(6) and (7).
13. That by reason of the foregoing, the 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 for the purpose of obtairling.medical care and/or cure in an effort
to alleviate the suffering and illssustained as a result of this accident; this plaintiff further
was caused to lose. substantial periods of time from her normal vocation, and upon
information and belief, may continue in that way into the future and suffer similar losses.
Furthermore, this plaintiff sustained a serious injury, as defined in the Insurance
Law Section 5102(d) for the State ofNew York, and economic losses in excess of "basic
loss"
economic as set forth in Insurance Law Sections 5102 and 5104.
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14. That reason of the foregoing, this plaintiff has been damaged in a sum
by
that exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction of this n1atter.
WHEREFORE, plaintiff demands judgment against the defendants, and each of
them, as follows:
A sum that exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction in this niatter, together with the costs and disbursements of
this action.
DATED: Monday, December 2, 2019
Middletown, New York
NANCY LEE GERSON, ESQ.
SOBO & SOBO, LLP
Attorneys for Plaintiff
One Dolson Avenue
Middletown, NY 10940
(845) 343-7626
TO: ALLEN J. BOYCE
117 South Main Street Apt. 2
Liberty, NY 12754
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VERIFICATION
STATE OF NEW YORK, COUNTY OF SULLIVAN ss:
TERESA M. VITALE, being duly sworn says; I am one of the plaintiffs in the
action herein; 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.
TERESA M. VITALE
I
Sworn to before inc on this
2'"
day of December, 2019
MARffEfta Xef:Pff PtaNAt.a
York,'
Puhlic.Stateof Near
Nosy
NL NSIA6381085
Qualified
Cou~.
in Qrarrge
August 24 ~- -Z
Commission expires
5 of 5
Preview
FILED: SULLIVAN COUNTY CLERK 12/02/2019 12:55 PM INDEX NO. E2019-2543 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2019 SUPREME COURT OF THE STATE OF NEW YORK SULLIVAN COUNTY ------------ --------------------------4------------------X TERESA M. VITALE, Plaintiff, VERIFIED COMPLAINT -against- Index # E2019-2543 Index No.: ALLEN J. BOYCE, Defendant. --------------------------------------------+-------------------X Plaintiff, TERESA M. VITALE, by their attorneys, SOBO & as SOBO, LL.P,, and for the Verified herein allege the Complaint, following: 1. That at all times hereinafter the plaintiff nientioned, was and still is a resident of the County of Sullivan, State ofNew York. 2. That at all times acreinafter upon mentioned, information and belief, the defendant, ALLEN J. BOYCE, was arid stillis.a resident of the of State County Sullivan, of New York. 3.. That at all times herehiafter upon mentioned, information and belief, the defendant, ALLEN J. BOYCE, was phe titled owner of a 1996 Ford motor vchicle, bearing License Plate #DML4635, for the State of New York. 4. That at all times hereiqafter upon mentioned, information and belief, the defendant, ALLEN J. BOYCE was the registered owner of a 1996 Ford motor vehicle, bearing License Plate #DML4635, for the State of New York. 5. That at all times hereinafter meh-tioned3 upon information and belief, the defendant, ALLEN J. BOYCE, was the operator of the aforesaid 1996 Ford motor vehicle, bearing License Plate #DML4635, for the State of New York. ILED IN SULLIVAN COUNTY CLERKS OFFICE 112/2/2019 of 5 FILED: SULLIVAN COUNTY CLERK 12/02/2019 12:55 PM INDEX NO. E2019-2543 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2019 6. That at all times hereinafter inentioned, the plaintiff was the owner and operator of a 1999 Olds motor vehicle, bearing License Plate #HKA1720. 7. That at all times hereinafter mentioned, Sunset Lake Road near Lane, located in the Town of Liberty, County of Sullivan and State of New Conununity was and still is a public and thoroughfare and was the situs of the accident York, roadway herein. 8. That on or about the December 22, 2016, the aforementioned motor vehicles were in contact with each other. 9. The contact and injuries alleged herein were eâüsed by the negligent, wanton, reckless and careless acts of the defendant herein. 10. That the Defendant was negligent, wanton, reckless and careless in allowing, and/or permitting| the motor vehicle owned and operated said causing by defendants herein to come into contact with each other;.in failing to yield the right of way to oncoming traffic; in failing to enter an intersection in a proper and lawful manner; in failing to yield the right of way to oncoming traffic; in failing to take those steps necessary to avoid the contingency which herein occurred; in failing to properly see what was apparent to be seen; in failing to keep a proper lookout; in breaching a duty to other motorists to.operate the rnotor vehicle in a safe and lawful manner; in failing to keep the motor vehicle under proper control; in failing to operate the motor vehicle in a manner and at.a speed that was reasonable and proper under the prevailing traffic conditions; in failing to properly keep,.maintain, inspect and repair the motor vehicle so as to prevent the contingency which herein occurred; in failing to properly operate the braking and acceleration devices of the motor vehicle under the circumstances of the roadway where 2 of 5 FILED: SULLIVAN COUNTY CLERK 12/02/2019 12:55 PM INDEX NO. E2019-2543 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2019 the accident occurred; in to properly and/or slow down; in violating the rules failing stop of the road as set forth herein; in to one or more traffic control device(s); in failing obey failing to observe that degree of caution, prudence and care which was reasóñable and proper under the controlling circumstances; in acting with reckless disregard for the safety of others; in failing to keep alert and attentive; and the defendant was in other ways negligent, wanton, reckless and careless. 11. That the defendant is liable to the Plaintiff upon the doctrine of res ipsa loquitur. 12. The limited liability provisions of CPLR §1601 do not apply, pursuant to the exceptions of CPLR §1602.(6) and (7). 13. That by reason of the foregoing, the 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 for the purpose of obtairling.medical care and/or cure in an effort to alleviate the suffering and illssustained as a result of this accident; this plaintiff further was caused to lose. substantial periods of time from her normal vocation, and upon information and belief, may continue in that way into the future and suffer similar losses. Furthermore, this plaintiff sustained a serious injury, as defined in the Insurance Law Section 5102(d) for the State ofNew York, and economic losses in excess of "basic loss" economic as set forth in Insurance Law Sections 5102 and 5104. 3 of 5 FILED: SULLIVAN COUNTY CLERK 12/02/2019 12:55 PM INDEX NO. E2019-2543 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2019 14. That reason of the foregoing, this plaintiff has been damaged in a sum by that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this n1atter. WHEREFORE, plaintiff demands judgment against the defendants, and each of them, as follows: A sum that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction in this niatter, together with the costs and disbursements of this action. DATED: Monday, December 2, 2019 Middletown, New York NANCY LEE GERSON, ESQ. SOBO & SOBO, LLP Attorneys for Plaintiff One Dolson Avenue Middletown, NY 10940 (845) 343-7626 TO: ALLEN J. BOYCE 117 South Main Street Apt. 2 Liberty, NY 12754 4 of 5 FILED: SULLIVAN COUNTY CLERK 12/02/2019 12:55 PM INDEX NO. E2019-2543 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/02/2019 VERIFICATION STATE OF NEW YORK, COUNTY OF SULLIVAN ss: TERESA M. VITALE, being duly sworn says; I am one of the plaintiffs in the action herein; 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. TERESA M. VITALE I Sworn to before inc on this 2'" day of December, 2019 MARffEfta Xef:Pff PtaNAt.a York,' Puhlic.Stateof Near Nosy NL NSIA6381085 Qualified Cou~. in Qrarrge August 24 ~- -Z Commission expires 5 of 5