Preview
FILED: NEW YORK COUNTY CLERK 07/17/2019 04:36 PM INDEX NO. 157012/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
______________________________________________________ Filed:_____________
RONALD WASHINGTON, INDEX NO.
Plaintiff,
Plaintiff designates
-against- New York County as the
place of trial.
CITY OF NEW YORK, NEW YORK
CITY DEPARMENT OF PARKS AND S U M M O N S
RECREATION, ARISTIDES ROJAS,
AND BRIAN K. MCGRIER, The basis of venue is:
County in which the
Defendants. cause of action arose.
______________________________________________________
To the above named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer on the plaintiff's attorney within 20 days after
the service of this summons, exclusive of the day of service of this summons,
or within 30 days after service of this summons is complete if this summons is
not personally delivered to you within the State of New York.
In case of your failure to answer this summons, a judgment by default
will be taken against you for the relief demanded in the complaint, together
with the costs of this action.
Dated: Bronx, New York
July 8, 2019
LAW OFFICES OF CHARLES E. FINELLI
& ASSOCIATES, PLLC
Attorneys for Plaintiff
By: _Charles E. Finelli____________
CHARLES E. FINELLI
1406-08 Zerega Avenue
Bronx, New York 10462
(718) 822-8020
To:
CITY OF NEW YORK
100 Church Street
New York, New York 10007
NYC DEPT. OF PARKS AND RECREATION
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24 West 61st Street
New York, New York 10023
ARISTIDES ROJAS
382 Barbey Street
Brooklyn, New York 11207
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_____________________________________________________
INDEX NO.
RONALD WASHINGTON,
Plaintiff,
VERIFIED COMPLAINT
-against-
CITY OF NEW YORK, NEW YORK
CITY DEPARMENT OF PARKS AND
RECREATION, ARISTIDES ROJAS,
AND BRIAN K. MCGRIER,
Defendants.
_____________________________________________________
Plaintiff, by his attorneys, the LAW OFFICES OF CHARLES E. FINELLI &
ASSOCIATES, PLLC, as and for his Verified Complaint, respectfully alleges,
upon information and belief, as follows:
1. Plaintiff, RONALD H. WASHINGTON, at all times herein mentioned, was
and still is a resident of the County of New York and the State of New York.
2. At all times herein mentioned, defendant CITY OF NEW YORK, was and
still is a municipal corporation, created, organized, and existing under and
by virtue of the laws of the State of New York.
3. The defendant NYC PARKS AND RECREATION, at all times herein
mentioned, was and still is a corporation organized and existing under the
laws of the State of New York, with its principal place of business situated
in the County of New York and the State of New York.
4. The defendant NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, at
all times herein mentioned, was and still is an agency of defendant CITY OF
NEW YORK.
5. The defendant, NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, at
all times herein mentioned conducted and carried on business in the County of
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New York and the State of New York.
6. The defendant, NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, at
all times herein mentioned was and still is a partnership doing business in
the County of New York and the State of New York.
7. The defendant, NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, at
all times herein mentioned was and still is a limited liability partnership
doing business in the County of New York and the State of New York.
8. The defendant, NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, at
all times herein mentioned was and still is a limited liability corporation
doing business in the County of New York and the State of New York.
9. The defendant, NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, at
all times herein mentioned was and still is a sole proprietorship doing
business in the County of New York and the State of New York.
10. At all times herein mentioned, defendant NEW YORK CITY DEPARTMENT OF
PARKS AND RECREATION transacted business within the State of New York.
11. At all times herein mentioned, defendant NEW YORK CITY DEPARTMENT OF
PARKS AND RECREATION derived substantial revenue from goods used or consumed
or services rendered in the State of New York.
12. At all times herein mentioned, defendant NEW YORK CITY DEPARTMENT OF
PARKS AND RECREATION expected or should reasonably have expected its acts to
have consequences in the State of New York.
13. At all times herein mentioned, defendant NEW YORK CITY DEPARTMENT OF
PARKS AND RECREATION derived substantial revenue from interstate or
international commerce.
14. The defendant, ARISTIDES ROJAS, at all times herein mentioned, was
2
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and still is a resident of the County of Kings and the State of New York.
15. Prior to the commencement of this action, a notice of claim in
writing was served on behalf of RONALD H. WASHINGTON, upon CITY OF NEW YORK in
accordance with Section 50-e of the General Municipal Law.
16. Within ninety days (90) of the occurrence herein, a notice of claim
in writing was served on behalf of RONALD H. WASHINGTON, upon CITY OF NEW YORK
in accordance with Section 50-e of the General Municipal Law.
17. Within ninety days (90) of April 13, 2018, a notice of claim in
writing was served on behalf of RONALD H. WASHINGTON, upon CITY OF NEW YORK in
accordance with Section 50-e of the General Municipal Law.
18. Prior to the commencement of this action, notice of the intention of
RONALD H. WASHINGTON to commence an action, unless the claim presented was
adjusted within the prescribed time as set forth by applicable law to adjust
such claims, was served on behalf of RONALD H. WASHINGTON upon CITY OF NEW
YORK.
19. Although more than thirty (30) days have elapsed since service of
such notice of claim, CITY OF NEW YORK neglected and has refused to pay said
claim or adjust same.
20. Prior to the commencement of this action, a notice of claim in
writing was served on behalf of RONALD H. WASHINGTON, upon NEW YORK CITY
DEPARTMENT OF PARKS AND RECREATION in accordance with Section 50-e of the
General Municipal Law.
21. Within ninety days (90) of the occurrence herein, a notice of claim
in writing was served on behalf of RONALD H. WASHINGTON, upon NEW YORK CITY
DEPARTMENT OF PARKS AND RECREATION in accordance with Section 50-e of the
3
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General Municipal Law.
22. Within ninety days (90) of April 13, 2018, a notice of claim in
writing was served on behalf of RONALD H. WASHINGTON, upon NEW YORK CITY
DEPARTMENT OF PARKS AND RECREATION in accordance with Section 50-e of the
General Municipal Law.
23. Prior to the commencement of this action, notice of the intention of
RONALD H. WASHINGTON to commence an action, unless the claim presented was
adjusted within the prescribed time as set forth by applicable law to adjust
such claims, was served on behalf of RONALD H. WASHINGTON upon NEW YORK CITY
DEPARTMENT OF PARKS AND RECREATION.
24. Although more than thirty (30) days have elapsed since service of
such notice of claim, NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION has
neglected and has refused to pay said claim or adjust same.
25. A hearing pursuant to General Municipal Law 50-h has been held.
26. This action is commenced within one (1) year and ninety (90) days
from April 13, 2018, the date the accident as herein set forth occurred.
27. On or about April 13, 2018, BRIAN K. MCGRIER was the owner of a
certain automobile, bearing license plate number HFV2902.
28. On or about April 13, 2018, BRIAN K. MCGRIER was the registered
owner of a certain automobile, bearing license plate number HFV2902.
29. On or about April 13, 2018, BRIAN K. MCGRIER was the titled owner of
a certain automobile, bearing license plate number HFV2902.
30. On or about April 13, 2018, BRIAN K. MCGRIER maintained a certain
automobile, bearing license plate number HFV2902.
31. On or about April 13, 2018, BRIAN K. MCGRIER controlled a certain
4
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automobile, bearing license plate number HFV2902.
32. On or about April 13, 2018, BRIAN K. MCGRIER was the lessee of a
certain automobile, bearing license plate number HFV2902.
33. On or about April 13, 2018, BRIAN K. MCGRIER was the lessor of a
certain automobile, bearing license plate number HFV2902.
34. On or about April 13, 2018, BRIAN K. MCGRIER was the operator of a
certain automobile, bearing license plate number HFV2902.
35. On or about April 13, 2018, BRIAN K. MCGRIER was the operator of a
certain automobile, bearing license plate number HFV2902.
36. On or about April 13, 2018, plaintiff RONALD H. WASHINGTON was a
passenger in a certain automobile, bearing license plate number HFV2902.
37. On or about April 13, 2018, defendant NEW YORK CITY DEPARMENT OF
PARKS AND RECREATION was the registered owner of a certain truck, bearing
license plate number AX3192.
38. On or about April 13, 2018, defendant NEW YORK CITY DEPARMENT OF
PARKS AND RECREATION was the titled owner of a certain truck, bearing license
plate number AX3192.
39. On or about April 13, 2018, defendant NEW YORK CITY DEPARMENT OF
PARKS AND RECREATION was the lessee of a certain truck, bearing license plate
number AX3192.
40. On or about April 13, 2018, defendant NEW YORK CITY DEPARMENT OF
PARKS AND RECREATION was the lessor of a certain truck, bearing license plate
number AX3192.
41. On or about April 13, 2018, defendant NEW YORK CITY DEPARMENT OF
PARKS AND RECREATION maintained a certain truck, bearing license plate number
5
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AX3192.
42. On or about April 13, 2018, defendant NEW YORK CITY DEPARMENT OF
PARKS AND RECREATION controlled a certain truck, bearing license plate number
AX3192.
43. On or about April 13, 2018, defendant ARISTEDES ROJAS was the
operator of a certain truck, bearing license plate number AX3192.
44. On or about April 13, 2018, the truck bearing license plate number
AX3192 was being operated by defendant ARISTEDES ROJAS with the express
knowledge and consent of, and/or on the business of, its owner.
45. On or about April 13, 2018, the vehicle operated by defendant
ARISTEDES ROJAS came in contact with the vehicle in which plaintiff RONALD H.
WASHINGTON was a passenger, at or near the intersection og East 102nd Street
and First Avenue, in the County, City and State of New York.
46. Solely as a result of the defendants' negligence, carelessness, and
recklessness, plaintiff was caused to suffer severe and serious personal
injuries to mind and body, and further, was subjected to great physical pain
and mental anguish.
47. As a result of the foregoing, plaintiff sustained serious personal
injuries as defined in Section 5102(d) of the Insurance Law of the State of
New York, and/or economic loss greater than basic economic loss as defined in
Section 5102(a) of the Insurance Law of the State of New York.
48. This action falls within one or more of the exceptions set forth in
Section 1602 of the Civil Practice Law and Rules.
49. Due to defendants' negligence, plaintiff has sustained damages in a
sum which exceeds the jurisdictional limit of all lower Courts which would
6
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otherwise have jurisdiction over this action.
WHEREFORE, plaintiff demands judgment against the defendants awarding
damages, in an amount exceeding the monetary jurisdictional limits of all
lower courts which would otherwise have jurisdiction, together with interest
and the costs and disbursements of this action, and such other and further
relief as to this Court seems just and proper.
Dated: Bronx, New York
July 8, 2019
LAW OFFICES OF CHARLES E. FINELLI
& ASSOCIATES, PLLC
Attorneys for Plaintiff
By: _Charles E. Finelli____________
CHARLES E. FINELLI
1406-08 Zerega Avenue
Bronx, New York 10462
(718) 822-8020
7
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_____________________________________________________
INDEX NO.
RONALD WASHINGTON,
Plaintiff,
ATTORNEY'S VERIFICATION
-against-
CITY OF NEW YORK, NEW YORK
CITY DEPARMENT OF PARKS AND
RECREATION, ARISTIDES ROJAS,
AND BRIAN K. MCGRIER,
Defendants.
_____________________________________________________
STATE OF NEW YORK
COUNTY OF BRONX, ss.:
Charles E. Finelli, an attorney duly admitted to practice law in the
State of New York, makes the following affirmation under the penalty of
perjury:
I am the attorney of record for plaintiff.
I have read the foregoing Complaint and know the contents thereof; the
same is true to my own knowledge except as to the matters therein stated to be
alleged on information and belief and that as to those matters, I believe them
to be true.
This verification is made by affirmant and not by plaintiff because he
is not in the County of Bronx, which is the County where your affirmant
maintains offices.
The grounds of affirmant's belief as to all matters not stated upon
affirmant's knowledge are correspondence had with the said plaintiff,
information contained in the said plaintiff's file, which is in affirmant's
possession, and other pertinent data relating thereto.
Dated: Bronx, New York
July 8, 2019
Charles E. Finelli____________
CHARLES E. FINELLI
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - -
RONALD WASHINGTON,
Plaintiff,
-against-
CITY OF NEW YORK, NEW YORK
CITY DEPARMENT OF PARKS AND
RECREATION, ARISTIDES ROJAS,
AND BRIAN K. MCGRIER,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - -
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _
SUMMONS and VERIFIED COMPLAINT
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _
LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, PLLC
Attorneys for Plaintiff
1406-08 Zerega Avenue
Bronx, New York 10462
(718) 822-8020
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Preview
FILED: NEW YORK COUNTY CLERK 07/17/2019 04:36 PM INDEX NO. 157012/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ______________________________________________________ Filed:_____________ RONALD WASHINGTON, INDEX NO. Plaintiff, Plaintiff designates -against- New York County as the place of trial. CITY OF NEW YORK, NEW YORK CITY DEPARMENT OF PARKS AND S U M M O N S RECREATION, ARISTIDES ROJAS, AND BRIAN K. MCGRIER, The basis of venue is: County in which the Defendants. cause of action arose. ______________________________________________________ To the above named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff's attorney within 20 days after the service of this summons, exclusive of the day of service of this summons, or within 30 days after service of this summons is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer this summons, a judgment by default will be taken against you for the relief demanded in the complaint, together with the costs of this action. Dated: Bronx, New York July 8, 2019 LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, PLLC Attorneys for Plaintiff By: _Charles E. Finelli____________ CHARLES E. FINELLI 1406-08 Zerega Avenue Bronx, New York 10462 (718) 822-8020 To: CITY OF NEW YORK 100 Church Street New York, New York 10007 NYC DEPT. OF PARKS AND RECREATION 1 of 11 FILED: NEW YORK COUNTY CLERK 07/17/2019 04:36 PM INDEX NO. 157012/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 24 West 61st Street New York, New York 10023 ARISTIDES ROJAS 382 Barbey Street Brooklyn, New York 11207 2 of 11 FILED: NEW YORK COUNTY CLERK 07/17/2019 04:36 PM INDEX NO. 157012/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _____________________________________________________ INDEX NO. RONALD WASHINGTON, Plaintiff, VERIFIED COMPLAINT -against- CITY OF NEW YORK, NEW YORK CITY DEPARMENT OF PARKS AND RECREATION, ARISTIDES ROJAS, AND BRIAN K. MCGRIER, Defendants. _____________________________________________________ Plaintiff, by his attorneys, the LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, PLLC, as and for his Verified Complaint, respectfully alleges, upon information and belief, as follows: 1. Plaintiff, RONALD H. WASHINGTON, at all times herein mentioned, was and still is a resident of the County of New York and the State of New York. 2. At all times herein mentioned, defendant CITY OF NEW YORK, was and still is a municipal corporation, created, organized, and existing under and by virtue of the laws of the State of New York. 3. The defendant NYC PARKS AND RECREATION, at all times herein mentioned, was and still is a corporation organized and existing under the laws of the State of New York, with its principal place of business situated in the County of New York and the State of New York. 4. The defendant NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, at all times herein mentioned, was and still is an agency of defendant CITY OF NEW YORK. 5. The defendant, NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, at all times herein mentioned conducted and carried on business in the County of 3 of 11 FILED: NEW YORK COUNTY CLERK 07/17/2019 04:36 PM INDEX NO. 157012/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 New York and the State of New York. 6. The defendant, NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, at all times herein mentioned was and still is a partnership doing business in the County of New York and the State of New York. 7. The defendant, NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, at all times herein mentioned was and still is a limited liability partnership doing business in the County of New York and the State of New York. 8. The defendant, NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, at all times herein mentioned was and still is a limited liability corporation doing business in the County of New York and the State of New York. 9. The defendant, NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, at all times herein mentioned was and still is a sole proprietorship doing business in the County of New York and the State of New York. 10. At all times herein mentioned, defendant NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION transacted business within the State of New York. 11. At all times herein mentioned, defendant NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION derived substantial revenue from goods used or consumed or services rendered in the State of New York. 12. At all times herein mentioned, defendant NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION expected or should reasonably have expected its acts to have consequences in the State of New York. 13. At all times herein mentioned, defendant NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION derived substantial revenue from interstate or international commerce. 14. The defendant, ARISTIDES ROJAS, at all times herein mentioned, was 2 4 of 11 FILED: NEW YORK COUNTY CLERK 07/17/2019 04:36 PM INDEX NO. 157012/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 and still is a resident of the County of Kings and the State of New York. 15. Prior to the commencement of this action, a notice of claim in writing was served on behalf of RONALD H. WASHINGTON, upon CITY OF NEW YORK in accordance with Section 50-e of the General Municipal Law. 16. Within ninety days (90) of the occurrence herein, a notice of claim in writing was served on behalf of RONALD H. WASHINGTON, upon CITY OF NEW YORK in accordance with Section 50-e of the General Municipal Law. 17. Within ninety days (90) of April 13, 2018, a notice of claim in writing was served on behalf of RONALD H. WASHINGTON, upon CITY OF NEW YORK in accordance with Section 50-e of the General Municipal Law. 18. Prior to the commencement of this action, notice of the intention of RONALD H. WASHINGTON to commence an action, unless the claim presented was adjusted within the prescribed time as set forth by applicable law to adjust such claims, was served on behalf of RONALD H. WASHINGTON upon CITY OF NEW YORK. 19. Although more than thirty (30) days have elapsed since service of such notice of claim, CITY OF NEW YORK neglected and has refused to pay said claim or adjust same. 20. Prior to the commencement of this action, a notice of claim in writing was served on behalf of RONALD H. WASHINGTON, upon NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION in accordance with Section 50-e of the General Municipal Law. 21. Within ninety days (90) of the occurrence herein, a notice of claim in writing was served on behalf of RONALD H. WASHINGTON, upon NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION in accordance with Section 50-e of the 3 5 of 11 FILED: NEW YORK COUNTY CLERK 07/17/2019 04:36 PM INDEX NO. 157012/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 General Municipal Law. 22. Within ninety days (90) of April 13, 2018, a notice of claim in writing was served on behalf of RONALD H. WASHINGTON, upon NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION in accordance with Section 50-e of the General Municipal Law. 23. Prior to the commencement of this action, notice of the intention of RONALD H. WASHINGTON to commence an action, unless the claim presented was adjusted within the prescribed time as set forth by applicable law to adjust such claims, was served on behalf of RONALD H. WASHINGTON upon NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION. 24. Although more than thirty (30) days have elapsed since service of such notice of claim, NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION has neglected and has refused to pay said claim or adjust same. 25. A hearing pursuant to General Municipal Law 50-h has been held. 26. This action is commenced within one (1) year and ninety (90) days from April 13, 2018, the date the accident as herein set forth occurred. 27. On or about April 13, 2018, BRIAN K. MCGRIER was the owner of a certain automobile, bearing license plate number HFV2902. 28. On or about April 13, 2018, BRIAN K. MCGRIER was the registered owner of a certain automobile, bearing license plate number HFV2902. 29. On or about April 13, 2018, BRIAN K. MCGRIER was the titled owner of a certain automobile, bearing license plate number HFV2902. 30. On or about April 13, 2018, BRIAN K. MCGRIER maintained a certain automobile, bearing license plate number HFV2902. 31. On or about April 13, 2018, BRIAN K. MCGRIER controlled a certain 4 6 of 11 FILED: NEW YORK COUNTY CLERK 07/17/2019 04:36 PM INDEX NO. 157012/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 automobile, bearing license plate number HFV2902. 32. On or about April 13, 2018, BRIAN K. MCGRIER was the lessee of a certain automobile, bearing license plate number HFV2902. 33. On or about April 13, 2018, BRIAN K. MCGRIER was the lessor of a certain automobile, bearing license plate number HFV2902. 34. On or about April 13, 2018, BRIAN K. MCGRIER was the operator of a certain automobile, bearing license plate number HFV2902. 35. On or about April 13, 2018, BRIAN K. MCGRIER was the operator of a certain automobile, bearing license plate number HFV2902. 36. On or about April 13, 2018, plaintiff RONALD H. WASHINGTON was a passenger in a certain automobile, bearing license plate number HFV2902. 37. On or about April 13, 2018, defendant NEW YORK CITY DEPARMENT OF PARKS AND RECREATION was the registered owner of a certain truck, bearing license plate number AX3192. 38. On or about April 13, 2018, defendant NEW YORK CITY DEPARMENT OF PARKS AND RECREATION was the titled owner of a certain truck, bearing license plate number AX3192. 39. On or about April 13, 2018, defendant NEW YORK CITY DEPARMENT OF PARKS AND RECREATION was the lessee of a certain truck, bearing license plate number AX3192. 40. On or about April 13, 2018, defendant NEW YORK CITY DEPARMENT OF PARKS AND RECREATION was the lessor of a certain truck, bearing license plate number AX3192. 41. On or about April 13, 2018, defendant NEW YORK CITY DEPARMENT OF PARKS AND RECREATION maintained a certain truck, bearing license plate number 5 7 of 11 FILED: NEW YORK COUNTY CLERK 07/17/2019 04:36 PM INDEX NO. 157012/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 AX3192. 42. On or about April 13, 2018, defendant NEW YORK CITY DEPARMENT OF PARKS AND RECREATION controlled a certain truck, bearing license plate number AX3192. 43. On or about April 13, 2018, defendant ARISTEDES ROJAS was the operator of a certain truck, bearing license plate number AX3192. 44. On or about April 13, 2018, the truck bearing license plate number AX3192 was being operated by defendant ARISTEDES ROJAS with the express knowledge and consent of, and/or on the business of, its owner. 45. On or about April 13, 2018, the vehicle operated by defendant ARISTEDES ROJAS came in contact with the vehicle in which plaintiff RONALD H. WASHINGTON was a passenger, at or near the intersection og East 102nd Street and First Avenue, in the County, City and State of New York. 46. Solely as a result of the defendants' negligence, carelessness, and recklessness, plaintiff was caused to suffer severe and serious personal injuries to mind and body, and further, was subjected to great physical pain and mental anguish. 47. As a result of the foregoing, plaintiff sustained serious personal injuries as defined in Section 5102(d) of the Insurance Law of the State of New York, and/or economic loss greater than basic economic loss as defined in Section 5102(a) of the Insurance Law of the State of New York. 48. This action falls within one or more of the exceptions set forth in Section 1602 of the Civil Practice Law and Rules. 49. Due to defendants' negligence, plaintiff has sustained damages in a sum which exceeds the jurisdictional limit of all lower Courts which would 6 8 of 11 FILED: NEW YORK COUNTY CLERK 07/17/2019 04:36 PM INDEX NO. 157012/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 otherwise have jurisdiction over this action. WHEREFORE, plaintiff demands judgment against the defendants awarding damages, in an amount exceeding the monetary jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with interest and the costs and disbursements of this action, and such other and further relief as to this Court seems just and proper. Dated: Bronx, New York July 8, 2019 LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, PLLC Attorneys for Plaintiff By: _Charles E. Finelli____________ CHARLES E. FINELLI 1406-08 Zerega Avenue Bronx, New York 10462 (718) 822-8020 7 9 of 11 FILED: NEW YORK COUNTY CLERK 07/17/2019 04:36 PM INDEX NO. 157012/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _____________________________________________________ INDEX NO. RONALD WASHINGTON, Plaintiff, ATTORNEY'S VERIFICATION -against- CITY OF NEW YORK, NEW YORK CITY DEPARMENT OF PARKS AND RECREATION, ARISTIDES ROJAS, AND BRIAN K. MCGRIER, Defendants. _____________________________________________________ STATE OF NEW YORK COUNTY OF BRONX, ss.: Charles E. Finelli, an attorney duly admitted to practice law in the State of New York, makes the following affirmation under the penalty of perjury: I am the attorney of record for plaintiff. I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge except as to the matters therein stated to be alleged on information and belief and that as to those matters, I believe them to be true. This verification is made by affirmant and not by plaintiff because he is not in the County of Bronx, which is the County where your affirmant maintains offices. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are correspondence had with the said plaintiff, information contained in the said plaintiff's file, which is in affirmant's possession, and other pertinent data relating thereto. Dated: Bronx, New York July 8, 2019 Charles E. Finelli____________ CHARLES E. FINELLI 10 of 11 FILED: NEW YORK COUNTY CLERK 07/17/2019 04:36 PM INDEX NO. 157012/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RONALD WASHINGTON, Plaintiff, -against- CITY OF NEW YORK, NEW YORK CITY DEPARMENT OF PARKS AND RECREATION, ARISTIDES ROJAS, AND BRIAN K. MCGRIER, Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ SUMMONS and VERIFIED COMPLAINT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, PLLC Attorneys for Plaintiff 1406-08 Zerega Avenue Bronx, New York 10462 (718) 822-8020 11 of 11