Preview
FILED: NEW YORK COUNTY CLERK 07/17/2019 11:28 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------X
NEELA LATCHMAN, SUMMONS
Plaintiff, Index No.
- against -
Date Filed:
THE CITY OF NEW YORK, PAUL MARTIN AUER
and AAAA YORK INC,
Defendants.
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TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of
appearance on the plaintiff's attorneys within 20 days after the service of this summons,
exclusive of the day of service, or within 30 days after service is complete if thissummons is not
personally delivered to you within the State of New York. In case of your failure to answer,
judgment will be taken against you by default for the relief demanded in the complaint.
The basis of the venue designated is place of occurrence.
Dated: Garden City, New York
July 15, 2019
Yours, etc.
Decolator, C hen & i isco, LLP
By: Joseph D olator
Attorneys for aintiff
1399 Frank Avenue, Suite 300
Garden Ci , New York 11530
(516) 74 6575
DEFENDANT'S ADDRESS:
PAUL MARTIN AUER AAAA YORK INC
12*
828 Densfield Road 37-20 Street
West Babylon, New York 1170 Long Island City, New York 11101
THE CITY OF NEW YORK AAAA YORK INC
100 Church Street c/o Secretary of State
New York, New York 10007 Albany, New York
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------X Index No.
NEELA LATCHMAN,
Plaintiff, VERIFIED
-against- COMPLAINT
THE CITY OF NEW YORK, PAUL MARTIN AUER
and AAAA YORK INC,
Defendants.
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Plaintiff, by his attorneys, DECOLATOR, COHEN & DIPRISCO, LLP, as and for his
Verified Complaint, respectfully alleges, upon information and belief, as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFFS
1. That at alltimes hereinafter mentioned, plaintiff, NEELA LATCHMAN, was and
still is a resident of the County of Queens, City and State of New York.
2. At all times hereinbefore mentioned, plaintiff was and stilla police officer
employed by the New York City Police Department acting within the scope and furtherance of
her duties.
3. Upon information and belief, at alltimes hereinafter mentioned, defendant, THE
CITY OF NEW YORK, was and stillis a municipal corporation and/or municipal entity
organized and existing under and by virtue of the laws of the State of New York.
4. At all times hereinafter mentioned, defendant, THE CITY OF NEW YORK, was
and stillis a municipality organized and existing under and by virtue of the State of New York
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5. Upon information and belief, at all times hereinafter mentioned, defendant, PAUL
MARTIN AUER, was and still is a resident of the County of Suffolk, City and State of New
York.
6. Upon information and belief, that at alltimes hereinafter mentioned, the
defendant, AAAA YORK INC, was and stillis a domestic corporation duly organized and
existing under and by virtue of the laws of the State of New York, with itsprincipal place of
12th
business and offices located at 37-20 Street, Long Island City, New York.
7. Upon information and belief, at all times hereinafter mentioned, the defendant,
AAAA YORK INC, did and/or transacted business in the State of New York and, in fact, derived
a substantial portion of itsincome from itsbusiness activities in the State of New York.
8. Upon information and belief, at all times hereinafter mentioned, the defendant,
AAAA YORK INC, did business in the State of New York.
9. Upon information and belief, that at alltimes hereinafter mentioned, the
defendant, AAAA WORK INC, was the owner of a certain 2010 Kenworth motor vehicle,
bearing New York registration number 67401 JZ.
10. Upon information and belief, at all times hereinafter mentioned, the defendant,
PAUL MARTIN AUER, operated and controlled a certain 2010 Kenworth motor vehicle,
bearing New York registration number 67401JZ.
11. Upon information and belief, at all times hereinafter mentioned, the defendant,
PAUL MARTIN AUER, operated the said motor vehicle with the express and/or implied
permission and consent of the owner/defendant, AAAA WORK INC, thereof.
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12. At all times hereinafter mentioned, defendant, THE CITY OF NEW YORK, by
the New York City Police Department, was the owner of a certain 2015 three wheel scooter,
bearing New York City Police Department registration number 280915.
13. That at all times hereinafter mentioned, Plaintiff, NEELA LATCHMAN operated
and controlled a certain 2015 three wheel scooter, bearing New York City Police Department
registration number 280915.
14. That at alltimes hereinafter mentioned, Plaintiff, NEELA LATCHMAN operated
the aforesaid motor vehicle with the expressed and/or implied consent and permission of the
owner/defendant, The City of New York, thereof.
7"" 28th
15. On or about March 8, 2019, Avenue at or about its intersection with west
Street, in the County of New York, City and State of New York, was and stillis a public
highway.
16. At the time and place aforesaid, and the vehicle operated by the defendant,
PAUL MARTIN AUER, as aforesaid, came into contact with the plaintiff's vehicle.
17. On or about March 8, 2019, while the plaintiff was lawfully and properly a
passenger in the vehicle at the location as afore-described, the defendant, PAUL MARTIN
AUER, at the time operated her vehicle in such negligent and careless fashion as to cause a
collision to occur, causing severe personal injuries to the plaintiff.
18. The said collision was caused solely and wholly by reason of the negligence and
carelessness of the defendant, PAUL MARTIN AUER, with no fault or culpable conduct on the
part of the plaintiff contributing thereto.
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19. The said defendants so negligently and carelessly owned, managed, operated and
controlled their said motor vehicle, that without any negligence or fault on the part of the
plaintiff, and solely by reason of the negligence and carelessness of said defendants, defendants
motor vehicle suddenly came into violent contact with the plaintiff s vehicle and, as a result, the
plaintiff sustained the injuries hereinafter described.
20. Plaintiff has sustained serious injuries as same are defined in Subdivision (d) of
Section 5102 of the Insurance Law of the State of New York and economic loss greater than
basic loss as defined in said section of the law.
21. This action fallswithin one or more of the exceptions set forth in CPLR Section
1602.
defendants'
22. As a result of negligence as aforesaid, the plaintiff was severely
injured both internally and externally, that plaintiff became sick, sore, lame and disabled, and
has suffered great pain, shock and mental anguish and will continue to suffer for a long time to
come and, upon information and belief, has been permanently injured; that by reason of the
foregoing, the plaintiff, has been obligated to and did necessarily employ medical aid and
medicines in an attempt to cure said injuries; that plaintiff was incapacitated from work by
reason, and by reason of said disabilities plaintiff lost wages, salary and earnings all to plaintiff s
damage in an amount in excess of the maximum monetary jurisdiction of all lower courts.
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AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF PLAINTIFF AS AGAINST
DEFENDANTS, PAUL MARTIN AUER
and AAAA YORK INC
"1"
23. Plaintiff repeats, reiterates and realleges all of the facts set forth in paragraphs
through "22", inclusive with the same force and effect as though more fully set forth herein.
24. At alltimes hereinafter mentioned, plaintiff was a police officer employed by the
New York City Police Department, acting within the scope and furtherance of her duties as a
police officer.
25. The said collision was caused solely and wholly by reason of the negligence and
carelessness of the defendants with no fault or culpable conduct on the part of the plaintiff
contributing thereto.
26. The said defendants, so negligently and carelessly owned, managed, operated and
controlled the said motor vehicle, that without any negligence or fault on the part of the plaintiff,
and solely by reason of the negligence and carelessness of said defendants, defendants motor
vehicle suddenly came into violent contact with the plaintiff's vehicle and as a result, plaintiff
sustained the injuries hereinafter described.
27. Defendants were negligent in that the said defendants did own, operate, maintain,
supervise and control said motor vehicle in a dangerous, negligent, reckless and careless fashion;
failed to exercise proper, reasonable and prudent control over said motor vehicle; did operate the
said motor vehicle in a reckless, careless and negligent manner; operated the said motor vehicle
at a dangerous, reckless, careless and negligent rate of speed; failed to properly control the speed
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of the said motor vehicle; failed to properly check the speed of the said motor vehicle; failed and
omitted to operate the said motor vehicle at a speed that was reasonable and prudent under the
conditions then and there existent; failed and omitted to give due regard to the actual and
potential hazards then and there existent; failed to properly bring the said motor vehicle to a halt;
failed to properly control the said motor vehicle; failed to yield the right of way; failed to yield
to an emergency vehicle; operated the said motor vehicle in an unskillful manner; permitted,
caused and/or suffered to permit or cause an incompetent or otherwise improperly trained and
supervised person to use defendant's motor vehicle; failed to properly apply the brakes to the
said motor vehicle; failed to observe the plaintiff; failed to warn the plaintiff upon approach;
failed to properly and prudently observe the road, roadway and traffic conditions then and there
existent; failed to keep to the right; failed to properly and prudently maintain the said motor
vehicle; failed to avoid the happening of the accident complained of; operated the said motor
vehicle in a dangerous, illegal, and unsafe fashion; failed to observe the traffic conditions and
traffic control devices, signs and signals; followed the plaintiff's vehicle too closely; failed to
observe, obey and give due regard for the rules of the road; disregarded traffic signals, signs and
devices; the defendants further neglected, omitted and/or were willfully and/or culpably
negligent in failing to comply with Vehicle and Traffic Law Sections, 1144(a), 1141, 1180(a)
1212, 375(1).
28. Solely by reason of the foregoing, the plaintiff asserts a cause of action against the
defendants pursuant to Section 205-e of the General Municipal Law.
29. That, by reason of the foregoing, plaintiff has sustained damages in an amount in
excess of the maximum monetary jurisdiction of all lower Courts.
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AS AND FOR A THIRD CAUSE OF ACTION
ON BEHALF OF PLAINTIFF AS AGAINST
DEFENDANT, THE CITY OF NEW YORK
"1"
30. Plaintiff repeats, reiterates and realleges allof the facts set forth in paragraphs
through "29", inclusive with the same force and effect as though more fully set forth herein.
31. At all times hereinafter mentioned plaintiff was a police officer employed by the
New York City Police Department, acting within the scope and furtherance of his duties as a
police officer.
32. Upon information and belief, at all times hereinafter mentioned, defendant, THE
CITY OF NEW YORK, its agents, servants and/or employees, neglected, omitted and/or were
wilfully and or culpably negligent in failing to comply with statutes, ordinances, codes, rules,
orders and/or requirements of State, City and/or local governments then and there existent
including, but not limited to, Labor Law Section 27-a(3), and Vehicle and Traffic Law Sections
375(1), NYCRR 55.1 and 55.2.
33. The injuries sustained by plaintiff herein were sustained without any fault, want of
care or culpable conduct on the part of the plaintiff herein, but solely by virtue of the neglect,
omission, wilful or culpable negligence of the defendant, THE CITY OF NEW YORK, in failing
to comply with statutes, ordinances, codes, rules, orders and/or requirements of State, City
and/or local governments then and there existent including, but not limited to Labor Law Section
27-a(3), and Vehicle and Traffic Law Sections 382-c, 375(1), NYCRR 55.1 and 55.2.
34. That defendant, THE CITY OF NEW YORK, its agents, servants and/or
employees neglected, omitted and/or were wilfully and/or culpably negligent in failing to
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comply with, inter alia, the above cited provisions in that said defendant provide a police vehicle
with an unpadded control device; failed to provide the plaintiff with a crashworthy vehicle;
failed to provide the plaintiff with a safe place to work; failed to provide a police vehicle with
adequate second impact protection, causing further injury to the plaintiff; and, in other ways,
acting in a reckless manner.
35. Solely by reason of the foregoing, plaintiff asserts a cause of action against the
defendant, THE CITY OF NEW YORK, under Section 205-e of the General Municipal Law of
the State of New York.
36. On or about April 3, 2019, plaintiff duly served written Notice of Claim upon the
defendant, THE CITY OF NEW YORK, as required by law, within ninety (90) days of the
occurrence complained of herein.
37. More than thirty (30) days have passed since the service of said Notice and
plaintiff s claim against the defendant, THE CITY OF NEW YORK, has not been adjusted or
paid to date.
38. The within action is being commenced within one (1) year and ninety (90) days of
the occurrence complained of herein.
39. Solely by reason of the foregoing, the plaintiff asserts a cause of action against
the defendant pursuant to Section 205-e of the General Municipal Law.
40. That, by reason of the foregoing, plaintiff has sustained damages in an amount in
excess of the maximum monetary jurisdiction of all lower Courts.
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AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF
OF THE PLAINTIFF AS AND AGAINST THE
DEFENDANT, THE CITY OF NEW YORK
41. The plaintiff repeats, reiterates and realleges allof the facts set forth in
"1" "40"
paragraphs numbered through inclusive with the same force and effect as though more
fully set forth herein.
42. Upon information and belief, at all times hereinafter mentioned, defendant, THE
CITY OF NEW YORK, its agents, servants and/or employees, were charged with the duty of
keeping, maintaining and equipping the said motor, to wit, New York City Police Department
three wheel scooter number 2809-15, in a safe and proper manner, sufficient to protect those
lawfully occupying said motor vehicle, and that the defendant owed such a duty to the plaintiff.
43. At the time and place aforesaid, defendant, THE CITY OF NEW YORK, its
agents, servants and/or employees, breached the duties which itowed to the plaintiff of keeping,
maintaining and equipping the involved scooter in a safe and proper condition sufficient to
protect those lawfully occupying said vehicle.
44. The defendant, THE CITY OF NEW YORK, its agents, servants, employees
and/or subcontractors, were negligent in that itnegligently and carelessly maintained and
equipped its motor vehicle and caused the motor vehicle wherein the plaintiff became injured to
be and remain in a dangerous, unsafe, and obstructed condition; failed to provided adequate and
proper padding for the interior of said vehicle so as to afford impact protection for the occupants;
constructed and arranged the interior of said vehicle so as to create an enhanced risk of injury to
the vehicle's occupants in the event of a collision; failed to provide protective padding around
control device; failed to provide a crashworthy vehicle; failed to provide its employees with a
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safe place to work; causing, permitting and/or creating a dangerous, entrapping and negligent
condition to exist; and in failing to warn members of the public of the existence of such dangers,
in violating Section 27-a(3) of the Labor Law.
45. Upon information and belief, defendant, it'sagents, servants, subcontractors
and/or employees had prior written notice of all the defective, negligent, and obstructed
conditions existing in the motor vehicle aforementioned.
46. Upon information and belief, at alltimes hereinafter mentioned, defendant,
THE CITY OF NEW YORK, its agents, servants, employees, and/or subcontractors, created
and/or had actual and/or constructive notice of all of the foregoing defective and negligent
conditions existing in the motor vehicle involved herein.
47. The injuries sustained by the plaintiff herein were sustained without any fault,
want of care and/or culpable conduct on the part of the plaintiff herein but solely by virtue of the
negligence and carelessness of the defendant herein.
48. That, as a result of defendant's negligence and carelessness as hereinabove
described, plaintiff sustained damages in an amount in excess of the maximum monetary
jurisdiction of alllower courts.
WHEREFORE, plaintiff demands judgment against the defendants in the First, Second,
Third and Fourth Causes of Action in an amount in excess of the maximum monetary
jurisdiction of all lower Courts, together with the interest, costs and disbursements of this action
Dated: Garden City, New York
July 15, 2019
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Yours, etc.
Decolator, ohen iPrisco, LLP
By: Joseph . ecolator, Esq.
Attorneys f r aintiff
1399 Fr i Avenue, Suite 300
Garden C y New York 11530
(516) 742 75
12
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1, ult
FILED: NEW
unuou¿piou, an attui
YORK aun u ttou
noyCOUNTY to piacuoo
CLERK inuioovus to us 4¬ov. sum
07/17/2019 -o, 11:28 AM INDEX NO. 156981/2019
certmcation thatthe within
NYSCEFO DOC. NO.
ByAttorney
certify
1 RECEIVED NYSCEF: 07/17/2019
has been compared by me with the original
and found to be a true
and complete copy.
O Attorney's statethat] am
Alfirmation
theattorney(s) of recordfor Plaintiff inthe within
action;I haveread the foregoing and know thecontents thereof;
Summons and Complaint
the same is truetomy own knowledge, except as tothematters therein allegedto be on information and and
belief, as tothose matters
I believeit to be true.
The reason this is made
verification by me and not by . .
plamtiff is because the plaintiff resides
in a county other than the one in which your deponent maintains his office.
The grounds of my belief as toallmattersnot statedupon my own knowledge are as follows: conve ations ill
plaintiff and office records.
I affirmthatthe foregoing statementsare true,
under the penalties
of perjury.
Dated:
UWNOYork; July 16, 2019 ss Jos h L. Decolator
STATE OF NI
I,the undersigned,being duly sworn, depose and say: I am
Individual I have
O in the
Verification action; read the foregoing
'
and know the contentsthereof;the same truetomy own knowledge, except
as to the
matters thereinstatedto be allegedon information and and
belief, as tothose n atters
I believeitto be true.
O corporate the of
Verification
a corporationand a partyin thewithin action;I haveread the foregoing
and know the contentsthereof;and thesame is true
to my own knowledge,
except as tothe matters thereinstated to be allegedupon information and belief, and as tothose matters I believe itto be true.This
is made
verification by me because theabove partyis a corporation
and I am an officer
thereof.
The grounds of my beliefas toallmatters notstated upon.my own knowledge are asfollows:
...................
.............................................
Sworn tobefore me on Thenamesignedmustbeprintedbeneath
STATE OF NEW YORK, COUNTY OF ss.: (if morethanoneboxischeck-indicateafternamestypeof serviceused)
I, the
undersigned, being sworn, say:I am not a partyto the action,
am over 18 yearsof age and resideat
On I servedthe within
O service a copy to eachof the followingpersons at thelastknown address set forth
aftereach name below.
by mailing
ByMail
by deliveringa truecopy of each personallyto each person named below at theaddress indicated.Iknew each person served
Personal
O serviceon to bethe person mentioned and described in saidpapers as a partytherein:
individual
by tranSmittinga copyto the followingpersonsby O FAX at thetelephonenumber set forth
aftereach name below O E-MAIL
Service
by
O sectronic at the E-Mailaddress setforthaftereach name below, which was designated by theattorney forsuch purpose, and by mailinga
""
copy to theaddress setforthaftereach name.
Overnight
O oeuvery by dispatching a copy by overnightdeliveryto eachof thefollowing persons at the last
known address set forth
aftereach
S°"°°
name below.
Sworn to beforeme on
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U1N 1 Y U1 COUNTY
INl±W Y Ulm CLERK 07/17/2019 11:28 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
NEELA LATCHMAN,
Plaintiff
-against-
THE CITY OF NEW YORK, PAUL MARTIN AUER and AAAA YORK INC
Defendants.
SUMMONS AND COMPLAINT
DECOLATOR, COHEN, & DIPRISCO, LLP
ATTORNEYS AT LAW
Attorneysfor
Plaintiff
OfficeandPostOfficeAddress,Telephone
1399 Franklin Avenue •Suite 300
GARDEN CITY, NEW YORK 11530
TEL: (516) 742-6575
FAX: (516) 742-6706
Signature (R c 130-1 -a
To
. ...... .. . ......
.....................................
Attorney(s)for Joseph L. D olator
..
Service of a copy of the within ishereby admitted.
Dated,
...........................................
.........
.........
Attorney(s)for
Please take notice
NOTICEOF ENTRY
that the within isa (certified)true copy of a
duly entered in the office of the clerk of the within named court on
NOTICEOF SETTLEMENT
that an order of which the within isa true copy willbe presented for
settlement to the HON. one ofthe judges
of the within named court, at
on at M
Dated '
Yours, etc.
DECOLATOR, COHEN, & DIPRISCO, LLP
ATTORNEYS AT LAW
Attorneysfor
To
Officeand PostOfficeAddress
Attorney(s)for 1399 Franklin Avenue • Suite 300
GARDENCITY, NEW YORK 11530
BYSh::::h::·gE)ccelsiorInc.. NYC10013
T501-DISTRIBUTED
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Preview
FILED: NEW YORK COUNTY CLERK 07/17/2019 11:28 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------X NEELA LATCHMAN, SUMMONS Plaintiff, Index No. - against - Date Filed: THE CITY OF NEW YORK, PAUL MARTIN AUER and AAAA YORK INC, Defendants. ----------------------------------------------------------------X TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of appearance on the plaintiff's attorneys within 20 days after the service of this summons, exclusive of the day of service, or within 30 days after service is complete if thissummons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of the venue designated is place of occurrence. Dated: Garden City, New York July 15, 2019 Yours, etc. Decolator, C hen & i isco, LLP By: Joseph D olator Attorneys for aintiff 1399 Frank Avenue, Suite 300 Garden Ci , New York 11530 (516) 74 6575 DEFENDANT'S ADDRESS: PAUL MARTIN AUER AAAA YORK INC 12* 828 Densfield Road 37-20 Street West Babylon, New York 1170 Long Island City, New York 11101 THE CITY OF NEW YORK AAAA YORK INC 100 Church Street c/o Secretary of State New York, New York 10007 Albany, New York 1 of 14 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:28 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X Index No. NEELA LATCHMAN, Plaintiff, VERIFIED -against- COMPLAINT THE CITY OF NEW YORK, PAUL MARTIN AUER and AAAA YORK INC, Defendants. ------------------------------------------------------------------X Plaintiff, by his attorneys, DECOLATOR, COHEN & DIPRISCO, LLP, as and for his Verified Complaint, respectfully alleges, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF THE PLAINTIFFS 1. That at alltimes hereinafter mentioned, plaintiff, NEELA LATCHMAN, was and still is a resident of the County of Queens, City and State of New York. 2. At all times hereinbefore mentioned, plaintiff was and stilla police officer employed by the New York City Police Department acting within the scope and furtherance of her duties. 3. Upon information and belief, at alltimes hereinafter mentioned, defendant, THE CITY OF NEW YORK, was and stillis a municipal corporation and/or municipal entity organized and existing under and by virtue of the laws of the State of New York. 4. At all times hereinafter mentioned, defendant, THE CITY OF NEW YORK, was and stillis a municipality organized and existing under and by virtue of the State of New York 2 2 of 14 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:28 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 5. Upon information and belief, at all times hereinafter mentioned, defendant, PAUL MARTIN AUER, was and still is a resident of the County of Suffolk, City and State of New York. 6. Upon information and belief, that at alltimes hereinafter mentioned, the defendant, AAAA YORK INC, was and stillis a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York, with itsprincipal place of 12th business and offices located at 37-20 Street, Long Island City, New York. 7. Upon information and belief, at all times hereinafter mentioned, the defendant, AAAA YORK INC, did and/or transacted business in the State of New York and, in fact, derived a substantial portion of itsincome from itsbusiness activities in the State of New York. 8. Upon information and belief, at all times hereinafter mentioned, the defendant, AAAA YORK INC, did business in the State of New York. 9. Upon information and belief, that at alltimes hereinafter mentioned, the defendant, AAAA WORK INC, was the owner of a certain 2010 Kenworth motor vehicle, bearing New York registration number 67401 JZ. 10. Upon information and belief, at all times hereinafter mentioned, the defendant, PAUL MARTIN AUER, operated and controlled a certain 2010 Kenworth motor vehicle, bearing New York registration number 67401JZ. 11. Upon information and belief, at all times hereinafter mentioned, the defendant, PAUL MARTIN AUER, operated the said motor vehicle with the express and/or implied permission and consent of the owner/defendant, AAAA WORK INC, thereof. 3 3 of 14 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:28 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 12. At all times hereinafter mentioned, defendant, THE CITY OF NEW YORK, by the New York City Police Department, was the owner of a certain 2015 three wheel scooter, bearing New York City Police Department registration number 280915. 13. That at all times hereinafter mentioned, Plaintiff, NEELA LATCHMAN operated and controlled a certain 2015 three wheel scooter, bearing New York City Police Department registration number 280915. 14. That at alltimes hereinafter mentioned, Plaintiff, NEELA LATCHMAN operated the aforesaid motor vehicle with the expressed and/or implied consent and permission of the owner/defendant, The City of New York, thereof. 7"" 28th 15. On or about March 8, 2019, Avenue at or about its intersection with west Street, in the County of New York, City and State of New York, was and stillis a public highway. 16. At the time and place aforesaid, and the vehicle operated by the defendant, PAUL MARTIN AUER, as aforesaid, came into contact with the plaintiff's vehicle. 17. On or about March 8, 2019, while the plaintiff was lawfully and properly a passenger in the vehicle at the location as afore-described, the defendant, PAUL MARTIN AUER, at the time operated her vehicle in such negligent and careless fashion as to cause a collision to occur, causing severe personal injuries to the plaintiff. 18. The said collision was caused solely and wholly by reason of the negligence and carelessness of the defendant, PAUL MARTIN AUER, with no fault or culpable conduct on the part of the plaintiff contributing thereto. 4 4 of 14 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:28 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 19. The said defendants so negligently and carelessly owned, managed, operated and controlled their said motor vehicle, that without any negligence or fault on the part of the plaintiff, and solely by reason of the negligence and carelessness of said defendants, defendants motor vehicle suddenly came into violent contact with the plaintiff s vehicle and, as a result, the plaintiff sustained the injuries hereinafter described. 20. Plaintiff has sustained serious injuries as same are defined in Subdivision (d) of Section 5102 of the Insurance Law of the State of New York and economic loss greater than basic loss as defined in said section of the law. 21. This action fallswithin one or more of the exceptions set forth in CPLR Section 1602. defendants' 22. As a result of negligence as aforesaid, the plaintiff was severely injured both internally and externally, that plaintiff became sick, sore, lame and disabled, and has suffered great pain, shock and mental anguish and will continue to suffer for a long time to come and, upon information and belief, has been permanently injured; that by reason of the foregoing, the plaintiff, has been obligated to and did necessarily employ medical aid and medicines in an attempt to cure said injuries; that plaintiff was incapacitated from work by reason, and by reason of said disabilities plaintiff lost wages, salary and earnings all to plaintiff s damage in an amount in excess of the maximum monetary jurisdiction of all lower courts. 5 5 of 14 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:28 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF AS AGAINST DEFENDANTS, PAUL MARTIN AUER and AAAA YORK INC "1" 23. Plaintiff repeats, reiterates and realleges all of the facts set forth in paragraphs through "22", inclusive with the same force and effect as though more fully set forth herein. 24. At alltimes hereinafter mentioned, plaintiff was a police officer employed by the New York City Police Department, acting within the scope and furtherance of her duties as a police officer. 25. The said collision was caused solely and wholly by reason of the negligence and carelessness of the defendants with no fault or culpable conduct on the part of the plaintiff contributing thereto. 26. The said defendants, so negligently and carelessly owned, managed, operated and controlled the said motor vehicle, that without any negligence or fault on the part of the plaintiff, and solely by reason of the negligence and carelessness of said defendants, defendants motor vehicle suddenly came into violent contact with the plaintiff's vehicle and as a result, plaintiff sustained the injuries hereinafter described. 27. Defendants were negligent in that the said defendants did own, operate, maintain, supervise and control said motor vehicle in a dangerous, negligent, reckless and careless fashion; failed to exercise proper, reasonable and prudent control over said motor vehicle; did operate the said motor vehicle in a reckless, careless and negligent manner; operated the said motor vehicle at a dangerous, reckless, careless and negligent rate of speed; failed to properly control the speed 6 6 of 14 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:28 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 of the said motor vehicle; failed to properly check the speed of the said motor vehicle; failed and omitted to operate the said motor vehicle at a speed that was reasonable and prudent under the conditions then and there existent; failed and omitted to give due regard to the actual and potential hazards then and there existent; failed to properly bring the said motor vehicle to a halt; failed to properly control the said motor vehicle; failed to yield the right of way; failed to yield to an emergency vehicle; operated the said motor vehicle in an unskillful manner; permitted, caused and/or suffered to permit or cause an incompetent or otherwise improperly trained and supervised person to use defendant's motor vehicle; failed to properly apply the brakes to the said motor vehicle; failed to observe the plaintiff; failed to warn the plaintiff upon approach; failed to properly and prudently observe the road, roadway and traffic conditions then and there existent; failed to keep to the right; failed to properly and prudently maintain the said motor vehicle; failed to avoid the happening of the accident complained of; operated the said motor vehicle in a dangerous, illegal, and unsafe fashion; failed to observe the traffic conditions and traffic control devices, signs and signals; followed the plaintiff's vehicle too closely; failed to observe, obey and give due regard for the rules of the road; disregarded traffic signals, signs and devices; the defendants further neglected, omitted and/or were willfully and/or culpably negligent in failing to comply with Vehicle and Traffic Law Sections, 1144(a), 1141, 1180(a) 1212, 375(1). 28. Solely by reason of the foregoing, the plaintiff asserts a cause of action against the defendants pursuant to Section 205-e of the General Municipal Law. 29. That, by reason of the foregoing, plaintiff has sustained damages in an amount in excess of the maximum monetary jurisdiction of all lower Courts. 7 7 of 14 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:28 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF AS AGAINST DEFENDANT, THE CITY OF NEW YORK "1" 30. Plaintiff repeats, reiterates and realleges allof the facts set forth in paragraphs through "29", inclusive with the same force and effect as though more fully set forth herein. 31. At all times hereinafter mentioned plaintiff was a police officer employed by the New York City Police Department, acting within the scope and furtherance of his duties as a police officer. 32. Upon information and belief, at all times hereinafter mentioned, defendant, THE CITY OF NEW YORK, its agents, servants and/or employees, neglected, omitted and/or were wilfully and or culpably negligent in failing to comply with statutes, ordinances, codes, rules, orders and/or requirements of State, City and/or local governments then and there existent including, but not limited to, Labor Law Section 27-a(3), and Vehicle and Traffic Law Sections 375(1), NYCRR 55.1 and 55.2. 33. The injuries sustained by plaintiff herein were sustained without any fault, want of care or culpable conduct on the part of the plaintiff herein, but solely by virtue of the neglect, omission, wilful or culpable negligence of the defendant, THE CITY OF NEW YORK, in failing to comply with statutes, ordinances, codes, rules, orders and/or requirements of State, City and/or local governments then and there existent including, but not limited to Labor Law Section 27-a(3), and Vehicle and Traffic Law Sections 382-c, 375(1), NYCRR 55.1 and 55.2. 34. That defendant, THE CITY OF NEW YORK, its agents, servants and/or employees neglected, omitted and/or were wilfully and/or culpably negligent in failing to 8 8 of 14 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:28 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 comply with, inter alia, the above cited provisions in that said defendant provide a police vehicle with an unpadded control device; failed to provide the plaintiff with a crashworthy vehicle; failed to provide the plaintiff with a safe place to work; failed to provide a police vehicle with adequate second impact protection, causing further injury to the plaintiff; and, in other ways, acting in a reckless manner. 35. Solely by reason of the foregoing, plaintiff asserts a cause of action against the defendant, THE CITY OF NEW YORK, under Section 205-e of the General Municipal Law of the State of New York. 36. On or about April 3, 2019, plaintiff duly served written Notice of Claim upon the defendant, THE CITY OF NEW YORK, as required by law, within ninety (90) days of the occurrence complained of herein. 37. More than thirty (30) days have passed since the service of said Notice and plaintiff s claim against the defendant, THE CITY OF NEW YORK, has not been adjusted or paid to date. 38. The within action is being commenced within one (1) year and ninety (90) days of the occurrence complained of herein. 39. Solely by reason of the foregoing, the plaintiff asserts a cause of action against the defendant pursuant to Section 205-e of the General Municipal Law. 40. That, by reason of the foregoing, plaintiff has sustained damages in an amount in excess of the maximum monetary jurisdiction of all lower Courts. 9 9 of 14 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:28 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF OF THE PLAINTIFF AS AND AGAINST THE DEFENDANT, THE CITY OF NEW YORK 41. The plaintiff repeats, reiterates and realleges allof the facts set forth in "1" "40" paragraphs numbered through inclusive with the same force and effect as though more fully set forth herein. 42. Upon information and belief, at all times hereinafter mentioned, defendant, THE CITY OF NEW YORK, its agents, servants and/or employees, were charged with the duty of keeping, maintaining and equipping the said motor, to wit, New York City Police Department three wheel scooter number 2809-15, in a safe and proper manner, sufficient to protect those lawfully occupying said motor vehicle, and that the defendant owed such a duty to the plaintiff. 43. At the time and place aforesaid, defendant, THE CITY OF NEW YORK, its agents, servants and/or employees, breached the duties which itowed to the plaintiff of keeping, maintaining and equipping the involved scooter in a safe and proper condition sufficient to protect those lawfully occupying said vehicle. 44. The defendant, THE CITY OF NEW YORK, its agents, servants, employees and/or subcontractors, were negligent in that itnegligently and carelessly maintained and equipped its motor vehicle and caused the motor vehicle wherein the plaintiff became injured to be and remain in a dangerous, unsafe, and obstructed condition; failed to provided adequate and proper padding for the interior of said vehicle so as to afford impact protection for the occupants; constructed and arranged the interior of said vehicle so as to create an enhanced risk of injury to the vehicle's occupants in the event of a collision; failed to provide protective padding around control device; failed to provide a crashworthy vehicle; failed to provide its employees with a 10 10 of 14 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:28 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 safe place to work; causing, permitting and/or creating a dangerous, entrapping and negligent condition to exist; and in failing to warn members of the public of the existence of such dangers, in violating Section 27-a(3) of the Labor Law. 45. Upon information and belief, defendant, it'sagents, servants, subcontractors and/or employees had prior written notice of all the defective, negligent, and obstructed conditions existing in the motor vehicle aforementioned. 46. Upon information and belief, at alltimes hereinafter mentioned, defendant, THE CITY OF NEW YORK, its agents, servants, employees, and/or subcontractors, created and/or had actual and/or constructive notice of all of the foregoing defective and negligent conditions existing in the motor vehicle involved herein. 47. The injuries sustained by the plaintiff herein were sustained without any fault, want of care and/or culpable conduct on the part of the plaintiff herein but solely by virtue of the negligence and carelessness of the defendant herein. 48. That, as a result of defendant's negligence and carelessness as hereinabove described, plaintiff sustained damages in an amount in excess of the maximum monetary jurisdiction of alllower courts. WHEREFORE, plaintiff demands judgment against the defendants in the First, Second, Third and Fourth Causes of Action in an amount in excess of the maximum monetary jurisdiction of all lower Courts, together with the interest, costs and disbursements of this action Dated: Garden City, New York July 15, 2019 11 11 of 14 FILED: NEW YORK COUNTY CLERK 07/17/2019 11:28 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 Yours, etc. Decolator, ohen iPrisco, LLP By: Joseph . ecolator, Esq. Attorneys f r aintiff 1399 Fr i Avenue, Suite 300 Garden C y New York 11530 (516) 742 75 12 12 of 14 1, ult FILED: NEW unuou¿piou, an attui YORK aun u ttou noyCOUNTY to piacuoo CLERK inuioovus to us 4¬ov. sum 07/17/2019 -o, 11:28 AM INDEX NO. 156981/2019 certmcation thatthe within NYSCEFO DOC. NO. ByAttorney certify 1 RECEIVED NYSCEF: 07/17/2019 has been compared by me with the original and found to be a true and complete copy. O Attorney's statethat] am Alfirmation theattorney(s) of recordfor Plaintiff inthe within action;I haveread the foregoing and know thecontents thereof; Summons and Complaint the same is truetomy own knowledge, except as tothematters therein allegedto be on information and and belief, as tothose matters I believeit to be true. The reason this is made verification by me and not by . . plamtiff is because the plaintiff resides in a county other than the one in which your deponent maintains his office. The grounds of my belief as toallmattersnot statedupon my own knowledge are as follows: conve ations ill plaintiff and office records. I affirmthatthe foregoing statementsare true, under the penalties of perjury. Dated: UWNOYork; July 16, 2019 ss Jos h L. Decolator STATE OF NI I,the undersigned,being duly sworn, depose and say: I am Individual I have O in the Verification action; read the foregoing ' and know the contentsthereof;the same truetomy own knowledge, except as to the matters thereinstatedto be allegedon information and and belief, as tothose n atters I believeitto be true. O corporate the of Verification a corporationand a partyin thewithin action;I haveread the foregoing and know the contentsthereof;and thesame is true to my own knowledge, except as tothe matters thereinstated to be allegedupon information and belief, and as tothose matters I believe itto be true.This is made verification by me because theabove partyis a corporation and I am an officer thereof. The grounds of my beliefas toallmatters notstated upon.my own knowledge are asfollows: ................... ............................................. Sworn tobefore me on Thenamesignedmustbeprintedbeneath STATE OF NEW YORK, COUNTY OF ss.: (if morethanoneboxischeck-indicateafternamestypeof serviceused) I, the undersigned, being sworn, say:I am not a partyto the action, am over 18 yearsof age and resideat On I servedthe within O service a copy to eachof the followingpersons at thelastknown address set forth aftereach name below. by mailing ByMail by deliveringa truecopy of each personallyto each person named below at theaddress indicated.Iknew each person served Personal O serviceon to bethe person mentioned and described in saidpapers as a partytherein: individual by tranSmittinga copyto the followingpersonsby O FAX at thetelephonenumber set forth aftereach name below O E-MAIL Service by O sectronic at the E-Mailaddress setforthaftereach name below, which was designated by theattorney forsuch purpose, and by mailinga "" copy to theaddress setforthaftereach name. Overnight O oeuvery by dispatching a copy by overnightdeliveryto eachof thefollowing persons at the last known address set forth aftereach S°"°° name below. Sworn to beforeme on 13 of 14 FILED: NEW CU YORK U1N 1 Y U1 COUNTY INl±W Y Ulm CLERK 07/17/2019 11:28 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 NEELA LATCHMAN, Plaintiff -against- THE CITY OF NEW YORK, PAUL MARTIN AUER and AAAA YORK INC Defendants. SUMMONS AND COMPLAINT DECOLATOR, COHEN, & DIPRISCO, LLP ATTORNEYS AT LAW Attorneysfor Plaintiff OfficeandPostOfficeAddress,Telephone 1399 Franklin Avenue •Suite 300 GARDEN CITY, NEW YORK 11530 TEL: (516) 742-6575 FAX: (516) 742-6706 Signature (R c 130-1 -a To . ...... .. . ...... ..................................... Attorney(s)for Joseph L. D olator .. Service of a copy of the within ishereby admitted. Dated, ........................................... ......... ......... Attorney(s)for Please take notice NOTICEOF ENTRY that the within isa (certified)true copy of a duly entered in the office of the clerk of the within named court on NOTICEOF SETTLEMENT that an order of which the within isa true copy willbe presented for settlement to the HON. one ofthe judges of the within named court, at on at M Dated ' Yours, etc. DECOLATOR, COHEN, & DIPRISCO, LLP ATTORNEYS AT LAW Attorneysfor To Officeand PostOfficeAddress Attorney(s)for 1399 Franklin Avenue • Suite 300 GARDENCITY, NEW YORK 11530 BYSh::::h::·gE)ccelsiorInc.. NYC10013 T501-DISTRIBUTED 14 of 14