Preview
FILED: NEW YORK COUNTY CLERK 07/01/2019 11:13 AM INDEX NO. 156473/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/01/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOHN L. HARRIS Index #
Plaintiff(s) Date Purchased:
Plaintiff Designates
-against- NEW YORK
County as the place of trial
THE CHETRIT GROUP LLC and SUMMONS WITH NOTICE
DRISSA A. CAMARA The basis of the venue
Defendants'
addresses
Defendant(s)
-----------------------------..------------------------------------X
To the above named defendant(s)
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiffs Attorney within twenty (20) days after the service of this summons,
exclusive of the day of service (or within thirty (30) days after the service is 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
in the complaint.
NOTICE: The nature of this action is to recover scñetary damages for the negligent
ownership, maintenance and control of a motor vehicle owned and operated by defendants.
RELIEF SOUGHT: Monetary damages for personal injuries, pain and suffering,
emotional distress, medical and hospital bills, and loss of earnings.
Dated: New York, New York
June 27, 2019 Yours, etc.,
DAVIS, SAPERSTElN & SALOMON, P.C.
Attorneys for Plaintiff(s)
55th 12th
110 East Street,
New York, New York 10022
(212) 608-19
By:
Luis L. Haq
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Defendant's Address:
DOS process
The Chetrit Group LLC
512 Seventh Avenue
15*
floor
New York, NY 10018
Personal service
Drissa A. Camara
145*
201 W. St., Apt. 1
New York, NY 10039
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------x
JOHN L. HARRIS Index #
Plaintiff(s)
-against- VERIFIED COMPLAINT
THE CHETRIT GROUP LLC and
DRISSA A. CAMARA
Defendants(s)
---------------------------------------------------------------------x
Plaintiff, complaining of defendants, by his attorneys, DAVIS, SAPERSTEIN &
SALOMON, P.C., sets forth upon information and belief, as follows:
1. This action falls within one or more of the exceptions set forth in C.P.L.R. Section
1602.
2. That at all relevant times mentioned herein, the plaintiff, JOHN HARRIS, resided in
the County of Bergen, State of New Jersey.
3. That at all relevant times mentioned herein and upon information and belief, the
defendant, THE CHETRIT GROUP LLC., was a domestic limited liability company
duly authorized to do business within the State of New York and in fact doing business
within the State of New York and maintained their place of business at 512 Seventh
Avenue, County, City and State of New York.
4. That at all relevant times mentioned herein and upon information and belief, the
defendant, THE CHETRIT GROUP LLC., does and/or solicits business within the
State of New York.
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5. That at all relevant times mentioned herein and upon information and belief, the
defendañt, THE CHETRIT GROUP LLC., derives substantial revenue from goods
used or consumed for services rendered in the State ofNew York.
6. That at all relevant times mentioned herein and upon information and belief, the
defendant THE CHETRIT GROUP LLC., expected or should have
reasonably
expected its acts and business activities to have consequences within the State of
New York.
7. That at all relevant times mentinñêd herein and upon information and belief, the
defendant THE CHETRIT GROUP LLC., was the owner of a 2017 MB motor
vehicle bearing New York State license plate number FPF2503.
8. That at all relevant times méñtieñed herein and upon information and belief, the
145*
defendant, DRISSA A. CAMARA, resided at 201 W. St., City, County and
State ofNew York.
9. That at all relevant times mentioned herein and upon information and belief, the
defendant, DRISSA A. CAMARA was the operator of the aforementioned motor
vehicle owned by defendant, THE CHETRIT GROUP LLC., and that he operated
same with the full knowledge, consent, and approval of the owner.
10. That upon information and belief, at all times mentioned herein, the defendant
DRISSA A. CAMARA was the operator of the aforementioned motor vehicle
owned by defendant THE CHETRIT GROUP LLC. and that he operated same in
the course ofhis employment with defendant THE CHETRIT GROUP LLC.
4
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11. That at all relevant times mentioned herein and upon information and belief, East
76*
Street at itsintersection with Park Avenue, City, County and State of New
York, was a much-traveled public street, highway, and thoroughfare in constant use
by the general public.
12. That at all relevant times mentioned herein, the plaintiff, JOHN HARRIS, was a
pedestrian lawfully in use the aforementioned location.
23rd
13. That on or about the day Of June 2017 at the aforemm±ianed location, the
defendants were negligent in the ownership, operation, management, maintenance,
and/or control of their motor vehicle as to cause same to crash into and collide into
the plaintiff.
23'd
14. That on or about the day of June 2017 as a result of the aforementioned
motor-vehicle accident, the plaintiff, JOHN HARRIS, was caused to sustaiñ the
serious and severe permanent personal injuries hereinafter alleged.
15. That the severe personal injuries and damages sustaiñéd by the plaintiff, JOHN
HARRIS, were caused wholly and solely by reason of the carelessness, recMessness,
and negligence of the defendants, THE CHETRIT GROUP LLC and DRISSA A.
CAMARA, and without any culpable conduct on the part of the plaintiff
contributing thereto.
16. That the defeiidaiits were negligent at the time and place of the aforementioned
motor vehicle accident in that they operated their motor vehicle in an unsafe
manner; failed to traffic signals then and there the flow of traffic;
obey controlling
operated their motor vehicle at a dangerous and excessive rate of speed; failed to
5
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have said motor v~lucle under proper and safe control; operated their motor valuable
in such a reckless and dangerous manner as to cause the injuries to the plaintiff,
JOHN HARRIS and were in general re~1 ~ess, careless, and negligent at the time and
place of this occurrence.
17. That as a result of the aforementioned motor-vcliicle accident the plaintiff JOHN
HARMS, was rendered sick, sore, lame, and disabled and suffered personal injuries
causing him great physical pain and mental anguish; his severe injuries required him
to obtain medical care, aid, and attention; and, further, upon infor >~Hen and belief,
he sustained protracted per...."."..e"..t
injuries which required and will require in the
future continued n-.euiccu care aid and attention and further resulted in his being
unable to perform his usual and custom~~ daily activities for a long period of time.
18. That as a result of the foregoing, the plaintiff, JOHN HARMS, has sustained serious
injuries as defined in section 5102(d) of the lns~~~~~~e Law of the State of New
York, CLS Ins Law 5102(d).
19. That as a result of the foregoing, the plaintiff, JOHN HARMS, has sustained
economic loss greater than basic economic loss as defined in Section 5102(a) of the
uis~ance Law of the State of New York, CLS Ins Law ) 5102(a).
20. That by reason of the foregoing, the plaintiff, JOHN HARRIS has sustained
ucuxaages in an amount which exceeds the jurisdictional limits of all lower courts
which would otherwise have jurisdiction.
6
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WHEREFORE, the plaintiff, JOHN HARRIS, hereby demands judgment against the
defendants, THE CHETRIT GROUP LLC and DRISSA A. CAMARA, on his cause of action,
23"1
together with interest thereon from the day of June 2017 along with all court costs,
attorneys'
disbursements, and fees asseeisted with this action.
Dated: New York, New York
June 28, 2019
Yours, etc.
DAVIS, SAPERSTElN & SALOMON, P.C.
Attorneys for Plaintiff(s)
39 Broadway, Suite 520
New York, NY 10006
(212) 608-1
By:
Luis L. Ha
7
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ATTORNEY'S VERIFICATION
The undersigned, an attorney duly admined to practice in the Courts of the State of New
York, whereby affirms the following to be true under the penalties of perjury:
I am an attorney associated with the firm of DAVIS, SAPERSTEIN & SALOMON, P.C.,
attorneys for the Plaintiff in the within action; that the undersigned has read the foregoing
COMPLAINT and knows the contents thereof; that the same is true to deponent's own
knowledge, except as to those matters alleged to be true upon information and belief, and as to
those affirmant believes them to be true.
The undersigned further states that the reason this verification is made by the undersigned
and not by Plaintiff is that the Plaintiff is not presently within the County where affirmant
maintains his office.
The ground of affirmant's belief as to all matters not stated to be upon affirmant's
knowledge, are as follows: Investigations, conversations, correspondence, etc.
The undersigned affirms that the foregoing statements are true, under the penalty of
perjury.
Dated: New York, New York
June 27, 2019
LUIS L. HAQ
8
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/01/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK INDEX NO.:
JOHN HARRIS
Plaintiff(s)
-against-
THE CHETRIT GROUP LLC and DRISSA A. CAMARA
Defendant(s)
SUMMONS WITH NOTICE and
VERIFIED COMPLAINT
DAVIS, SAPERSTEIN & SALOMON, P.C.
Attorneys for Plaintiff(s)
39 Broadway, Suite 520
New York, New York 10006
(212) 608-1917
To:
Service of a copy of the within papers is hereby admitted:
Dated: June 28, 2019
Attorney(s) for
PLEASE TAKE NOTICE
O that the within is a (certified) true copy of a
NOTICE OF entered in the office of the clerk of the within named
ENTRY Court on , 20 .
O that an Order of which the within is a true copy will
NOTICE OF be presented for settlement to the Honorable
SETTLEMENT one of the judges of the within named Court, at
on
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Preview
FILED: NEW YORK COUNTY CLERK 07/01/2019 11:13 AM INDEX NO. 156473/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/01/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOHN L. HARRIS Index # Plaintiff(s) Date Purchased: Plaintiff Designates -against- NEW YORK County as the place of trial THE CHETRIT GROUP LLC and SUMMONS WITH NOTICE DRISSA A. CAMARA The basis of the venue Defendants' addresses Defendant(s) -----------------------------..------------------------------------X To the above named defendant(s) YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs Attorney within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is 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 in the complaint. NOTICE: The nature of this action is to recover scñetary damages for the negligent ownership, maintenance and control of a motor vehicle owned and operated by defendants. RELIEF SOUGHT: Monetary damages for personal injuries, pain and suffering, emotional distress, medical and hospital bills, and loss of earnings. Dated: New York, New York June 27, 2019 Yours, etc., DAVIS, SAPERSTElN & SALOMON, P.C. Attorneys for Plaintiff(s) 55th 12th 110 East Street, New York, New York 10022 (212) 608-19 By: Luis L. Haq 1 of 9 FILED: NEW YORK COUNTY CLERK 07/01/2019 11:13 AM INDEX NO. 156473/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/01/2019 Defendant's Address: DOS process The Chetrit Group LLC 512 Seventh Avenue 15* floor New York, NY 10018 Personal service Drissa A. Camara 145* 201 W. St., Apt. 1 New York, NY 10039 2 2 of 9 FILED: NEW YORK COUNTY CLERK 07/01/2019 11:13 AM INDEX NO. 156473/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/01/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------x JOHN L. HARRIS Index # Plaintiff(s) -against- VERIFIED COMPLAINT THE CHETRIT GROUP LLC and DRISSA A. CAMARA Defendants(s) ---------------------------------------------------------------------x Plaintiff, complaining of defendants, by his attorneys, DAVIS, SAPERSTEIN & SALOMON, P.C., sets forth upon information and belief, as follows: 1. This action falls within one or more of the exceptions set forth in C.P.L.R. Section 1602. 2. That at all relevant times mentioned herein, the plaintiff, JOHN HARRIS, resided in the County of Bergen, State of New Jersey. 3. That at all relevant times mentioned herein and upon information and belief, the defendant, THE CHETRIT GROUP LLC., was a domestic limited liability company duly authorized to do business within the State of New York and in fact doing business within the State of New York and maintained their place of business at 512 Seventh Avenue, County, City and State of New York. 4. That at all relevant times mentioned herein and upon information and belief, the defendant, THE CHETRIT GROUP LLC., does and/or solicits business within the State of New York. 3 of 9 FILED: NEW YORK COUNTY CLERK 07/01/2019 11:13 AM INDEX NO. 156473/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/01/2019 5. That at all relevant times mentioned herein and upon information and belief, the defendañt, THE CHETRIT GROUP LLC., derives substantial revenue from goods used or consumed for services rendered in the State ofNew York. 6. That at all relevant times mentioned herein and upon information and belief, the defendant THE CHETRIT GROUP LLC., expected or should have reasonably expected its acts and business activities to have consequences within the State of New York. 7. That at all relevant times mentinñêd herein and upon information and belief, the defendant THE CHETRIT GROUP LLC., was the owner of a 2017 MB motor vehicle bearing New York State license plate number FPF2503. 8. That at all relevant times méñtieñed herein and upon information and belief, the 145* defendant, DRISSA A. CAMARA, resided at 201 W. St., City, County and State ofNew York. 9. That at all relevant times mentioned herein and upon information and belief, the defendant, DRISSA A. CAMARA was the operator of the aforementioned motor vehicle owned by defendant, THE CHETRIT GROUP LLC., and that he operated same with the full knowledge, consent, and approval of the owner. 10. That upon information and belief, at all times mentioned herein, the defendant DRISSA A. CAMARA was the operator of the aforementioned motor vehicle owned by defendant THE CHETRIT GROUP LLC. and that he operated same in the course ofhis employment with defendant THE CHETRIT GROUP LLC. 4 4 of 9 FILED: NEW YORK COUNTY CLERK 07/01/2019 11:13 AM INDEX NO. 156473/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/01/2019 11. That at all relevant times mentioned herein and upon information and belief, East 76* Street at itsintersection with Park Avenue, City, County and State of New York, was a much-traveled public street, highway, and thoroughfare in constant use by the general public. 12. That at all relevant times mentioned herein, the plaintiff, JOHN HARRIS, was a pedestrian lawfully in use the aforementioned location. 23rd 13. That on or about the day Of June 2017 at the aforemm±ianed location, the defendants were negligent in the ownership, operation, management, maintenance, and/or control of their motor vehicle as to cause same to crash into and collide into the plaintiff. 23'd 14. That on or about the day of June 2017 as a result of the aforementioned motor-vehicle accident, the plaintiff, JOHN HARRIS, was caused to sustaiñ the serious and severe permanent personal injuries hereinafter alleged. 15. That the severe personal injuries and damages sustaiñéd by the plaintiff, JOHN HARRIS, were caused wholly and solely by reason of the carelessness, recMessness, and negligence of the defendants, THE CHETRIT GROUP LLC and DRISSA A. CAMARA, and without any culpable conduct on the part of the plaintiff contributing thereto. 16. That the defeiidaiits were negligent at the time and place of the aforementioned motor vehicle accident in that they operated their motor vehicle in an unsafe manner; failed to traffic signals then and there the flow of traffic; obey controlling operated their motor vehicle at a dangerous and excessive rate of speed; failed to 5 5 of 9 FILED: NEW YORK COUNTY CLERK 07/01/2019 11:13 AM INDEX NO. 156473/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/01/2019 have said motor v~lucle under proper and safe control; operated their motor valuable in such a reckless and dangerous manner as to cause the injuries to the plaintiff, JOHN HARRIS and were in general re~1 ~ess, careless, and negligent at the time and place of this occurrence. 17. That as a result of the aforementioned motor-vcliicle accident the plaintiff JOHN HARMS, was rendered sick, sore, lame, and disabled and suffered personal injuries causing him great physical pain and mental anguish; his severe injuries required him to obtain medical care, aid, and attention; and, further, upon infor >~Hen and belief, he sustained protracted per...."."..e"..t injuries which required and will require in the future continued n-.euiccu care aid and attention and further resulted in his being unable to perform his usual and custom~~ daily activities for a long period of time. 18. That as a result of the foregoing, the plaintiff, JOHN HARMS, has sustained serious injuries as defined in section 5102(d) of the lns~~~~~~e Law of the State of New York, CLS Ins Law 5102(d). 19. That as a result of the foregoing, the plaintiff, JOHN HARMS, has sustained economic loss greater than basic economic loss as defined in Section 5102(a) of the uis~ance Law of the State of New York, CLS Ins Law ) 5102(a). 20. That by reason of the foregoing, the plaintiff, JOHN HARRIS has sustained ucuxaages in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 6 6 of 9 FILED: NEW YORK COUNTY CLERK 07/01/2019 11:13 AM INDEX NO. 156473/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/01/2019 WHEREFORE, the plaintiff, JOHN HARRIS, hereby demands judgment against the defendants, THE CHETRIT GROUP LLC and DRISSA A. CAMARA, on his cause of action, 23"1 together with interest thereon from the day of June 2017 along with all court costs, attorneys' disbursements, and fees asseeisted with this action. Dated: New York, New York June 28, 2019 Yours, etc. DAVIS, SAPERSTElN & SALOMON, P.C. Attorneys for Plaintiff(s) 39 Broadway, Suite 520 New York, NY 10006 (212) 608-1 By: Luis L. Ha 7 7 of 9 FILED: NEW YORK COUNTY CLERK 07/01/2019 11:13 AM INDEX NO. 156473/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/01/2019 ATTORNEY'S VERIFICATION The undersigned, an attorney duly admined to practice in the Courts of the State of New York, whereby affirms the following to be true under the penalties of perjury: I am an attorney associated with the firm of DAVIS, SAPERSTEIN & SALOMON, P.C., attorneys for the Plaintiff in the within action; that the undersigned has read the foregoing COMPLAINT and knows the contents thereof; that the same is true to deponent's own knowledge, except as to those matters alleged to be true upon information and belief, and as to those affirmant believes them to be true. The undersigned further states that the reason this verification is made by the undersigned and not by Plaintiff is that the Plaintiff is not presently within the County where affirmant maintains his office. The ground of affirmant's belief as to all matters not stated to be upon affirmant's knowledge, are as follows: Investigations, conversations, correspondence, etc. The undersigned affirms that the foregoing statements are true, under the penalty of perjury. Dated: New York, New York June 27, 2019 LUIS L. HAQ 8 8 of 9 FILED: NEW YORK COUNTY CLERK 07/01/2019 11:13 AM INDEX NO. 156473/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/01/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NO.: JOHN HARRIS Plaintiff(s) -against- THE CHETRIT GROUP LLC and DRISSA A. CAMARA Defendant(s) SUMMONS WITH NOTICE and VERIFIED COMPLAINT DAVIS, SAPERSTEIN & SALOMON, P.C. Attorneys for Plaintiff(s) 39 Broadway, Suite 520 New York, New York 10006 (212) 608-1917 To: Service of a copy of the within papers is hereby admitted: Dated: June 28, 2019 Attorney(s) for PLEASE TAKE NOTICE O that the within is a (certified) true copy of a NOTICE OF entered in the office of the clerk of the within named ENTRY Court on , 20 . O that an Order of which the within is a true copy will NOTICE OF be presented for settlement to the Honorable SETTLEMENT one of the judges of the within named Court, at on 9 of 9