Preview
FILED: QUEENS COUNTY CLERK 06/03/2019 11:37 AM INDEX NO. 709614/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/03/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
___________________-------------------------------------------X
Index No.:
JENNIFER MARTIN,
SUMMONS
Plaintiff,
. PlaintiffdesignatesQueens County
-against-
as the place of trial.The basis of
venue is Plaintiff's
residence at147-
GARRY A. SMITH, 15 235t StreetRosedale, NY 11422.
Defendant.
- ------------------------------------------------X
To the above-named Defendant:
You are hereby summoned to answer the Verified 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(s) within 20 days after the day of service (or within 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.
Dated: New York, New York
May 31, 2019
Jor e6b N rfarzadeh, Esq.
BAUM & ROSENBAUM, P.C.
orneys for Plaintiffs
15th
100 Wall Street, FlOOr
New York, New York 10005
212-514-5007
TO: See Attached Rider
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RIDER TO SUMMONS
GARRY A. SMITH
25th
51 S. street
Wyandanch, NY 11798
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
x
JENNIFER MARTIN,
Plaintiff, Index No.:
-against-
yggypygp
COMPLAINT
GARRY A. SMITH,
Defendant.
X
Plaintiff, JENNIFER MARTIN, by her attorneys, Rosenbaum & Rosenbaum, P.C., sets
forth and alleges the following under information and belief as and for her Verified Complaint:
1. Upon information and belief and at all relevant times, plaintiff, JENNIFER MARTIN,
was and is a resident of the State of New York, County of Queens.
2. Upon information and belief and at all relevant times, defendant, GARRY A. SMITH,
was and is a resident of the State of New York, County of Suffolk.
3. Upon information and belief and at all times hereinafter mentioned, defendant,
GARRY A. SMITH, was the owner of a motor vehicle bearing New York State license
plate number HNZ4330.
4. Upon information and belief and at all times hereinafter mentioned, defendant,
GARRY A. SMITH, was the lessor of a motor vehicle bearing New York State license
plate number HNZ4330.
5. Upon information and belief and at all times hereinafter mentioned, defendant,
GARRY A. SMITH, was the lessee of a motor vehicle bearing New York State license
plate number HNZ4330.
6. Upon information and belief and at all times hereinafter mentioned, defendant,
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GARRY A. SMITH, operated a motor vehicle bearing New York State license plate
number HNZ4330.
7. Upon information and belief and at all times hereinafter mentioned, defendant,
GARRY A. SMITH, maintained a motor vehicle bearing New York State license plate
number HNZ4330.
8. Upon information and belief and at all times hereinafter mentioned, defendant,
GARRY A. SMITH, controlled a motor vehicle bearing New York State license plate
number HNZ4330.
141st
9. At all times hereinafter mentioned, Brookville Boulevard at or near Avenue,
Queens, New York was and still is a public throughway used extensively by the public
in general.
10. That on October 1, 2018, plaintiff, JENNIFER MARTIN, was lawfully operating a
motor vehicle at the aforementioned location.
11. Upon information and belief, on October 1, 2018, defendant GARRY A. SMITH,
owned and operated the aforesaid motor vehicle bearing New York State license plate
number HNZ4330 over and along the aforesaid roadway.
12. That on October 1, 2018, at the aforesaid location, defendant, GARRY A. SMITH
negligently operated the motor vehicle and caused it to come in contact with the
plaintiff, JENNIFER MARTIN'S, aforesaid motor vehicle.
13. That as a result of the aforesaid contact, plaintiff, JENNIFER MARTIN, was seriously
injured.
14. That the aforesaid accident and injuries resulting therefrom were due solely and wholly
as a result of the careless and negligent manner in which the defendant owned, operated,
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maintained and controlled the aforesaid motor vehicle without Plaintiff in any way
contributing thereto, including: rear ending a motor vehicle; following vehicles too
closely; improperly operating said motor vehicle; operating the vehicle at a greater rate
of speed than care and caution would permit under the circumstances; failing to provide
and/or make timely and adequate use of brakes, signaling devices, horns and steering
mechanisms; failing to keep a safe distance from plaintiff; operating said motor vehicle
in violation of applicable statute, laws, rules, regulations and ordinances including but
not limited to the Vehicle and Traffic Laws of the State of New York and the Traffic
Regulations of the City of New York; failing to observe and be alert over and along the
aforementioned roadway; failing to avoid a collision with plaintiff; failing to prevent
injury to plaintiff; failing to reasonably maintain and control the vehicle; and failing to
properly operate and control the vehicle, with the result that the defendant's vehicle
collided with plaintiff's motor vehicle, causing injuries to plaintiff.
15. That by reason of the foregoing, plaintiff sustained severe and permanent personal
injuries, became sick, sore, lame and disabled; was confined to hospital, bed and home
and may, in the future, be so confined; was incapacitated from attending to her usual duties
and may, in the future, be so incapacitated; and was otherwise damaged.
16. That by reason of the wrongful, negligent and unlawful actions of the defendant(s), as
aforesaid, the plaintiff has sustained serious injuries as defined in Section 5102(d) of the
Insurance Law of the State of New York, and has sustained economic loss greater than
basic economic loss as defined in Section 5102 of the said Insurance Law.
17. That one or more ofthe exceptions of §1601 and 1602 of the Civil Practice Law and Rules
applies to the within action.
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18. That as a result of the foregoing, the plaintiff has sustained damages
exceeds the jurisdictional limits of the lower Courts.
WHEREFORE, plaintiff, JENNIFER MARTIN, demands judgme
defendant, GARRY A. SMITH in an amount that exceeds the jurisdictional
Courts, all together with the costs and disbursements of this action.
Dated: New York, New York
May 31, 2019
J J Nazarzadeh,
AUM & ROSEN
orneys for Plaintiff
15th
100 Wall Street, FlOOr
New York, NY 10005
(212) 514-5007
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ATTORNEY VERIFICATION
STATE OF NEW YORK - COUNTY OF NEW YORK
Jordan Jacob Nazarzadeh, an attorney duly admitted to practice before
State of New York hereby affirms the following to be true under penalty of perju
I am an attorney associated with ROSENBAUM & ROSENBAUM,
record for the plaintiff in the above action.
I have read the annexed SUMMONS AND VERIFIED COMPLAINT
contents thereof. The same is true to my own knowledge, except as to the matters
be alleged upon information and belief, and as to those matters, I believe the
reason this Verification is made by me and not by plaintiff, is that the plaintiff
the county in which I maintain my law office.
The grounds of my belief as to all matters not stated therein upon my
as follows: a review of the file maintained by this office, books records and inve
Dated: New York, New York
May 31, 2019
Jor J ob Nazarzadeh,
AUM & ROSEN
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Preview
FILED: QUEENS COUNTY CLERK 06/03/2019 11:37 AM INDEX NO. 709614/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/03/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ___________________-------------------------------------------X Index No.: JENNIFER MARTIN, SUMMONS Plaintiff, . PlaintiffdesignatesQueens County -against- as the place of trial.The basis of venue is Plaintiff's residence at147- GARRY A. SMITH, 15 235t StreetRosedale, NY 11422. Defendant. - ------------------------------------------------X To the above-named Defendant: You are hereby summoned to answer the Verified 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(s) within 20 days after the day of service (or within 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. Dated: New York, New York May 31, 2019 Jor e6b N rfarzadeh, Esq. BAUM & ROSENBAUM, P.C. orneys for Plaintiffs 15th 100 Wall Street, FlOOr New York, New York 10005 212-514-5007 TO: See Attached Rider 1 of 7 FILED: QUEENS COUNTY CLERK 06/03/2019 11:37 AM INDEX NO. 709614/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/03/2019 RIDER TO SUMMONS GARRY A. SMITH 25th 51 S. street Wyandanch, NY 11798 2 of 7 FILED: QUEENS COUNTY CLERK 06/03/2019 11:37 AM INDEX NO. 709614/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/03/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS x JENNIFER MARTIN, Plaintiff, Index No.: -against- yggypygp COMPLAINT GARRY A. SMITH, Defendant. X Plaintiff, JENNIFER MARTIN, by her attorneys, Rosenbaum & Rosenbaum, P.C., sets forth and alleges the following under information and belief as and for her Verified Complaint: 1. Upon information and belief and at all relevant times, plaintiff, JENNIFER MARTIN, was and is a resident of the State of New York, County of Queens. 2. Upon information and belief and at all relevant times, defendant, GARRY A. SMITH, was and is a resident of the State of New York, County of Suffolk. 3. Upon information and belief and at all times hereinafter mentioned, defendant, GARRY A. SMITH, was the owner of a motor vehicle bearing New York State license plate number HNZ4330. 4. Upon information and belief and at all times hereinafter mentioned, defendant, GARRY A. SMITH, was the lessor of a motor vehicle bearing New York State license plate number HNZ4330. 5. Upon information and belief and at all times hereinafter mentioned, defendant, GARRY A. SMITH, was the lessee of a motor vehicle bearing New York State license plate number HNZ4330. 6. Upon information and belief and at all times hereinafter mentioned, defendant, 3 of 7 FILED: QUEENS COUNTY CLERK 06/03/2019 11:37 AM INDEX NO. 709614/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/03/2019 GARRY A. SMITH, operated a motor vehicle bearing New York State license plate number HNZ4330. 7. Upon information and belief and at all times hereinafter mentioned, defendant, GARRY A. SMITH, maintained a motor vehicle bearing New York State license plate number HNZ4330. 8. Upon information and belief and at all times hereinafter mentioned, defendant, GARRY A. SMITH, controlled a motor vehicle bearing New York State license plate number HNZ4330. 141st 9. At all times hereinafter mentioned, Brookville Boulevard at or near Avenue, Queens, New York was and still is a public throughway used extensively by the public in general. 10. That on October 1, 2018, plaintiff, JENNIFER MARTIN, was lawfully operating a motor vehicle at the aforementioned location. 11. Upon information and belief, on October 1, 2018, defendant GARRY A. SMITH, owned and operated the aforesaid motor vehicle bearing New York State license plate number HNZ4330 over and along the aforesaid roadway. 12. That on October 1, 2018, at the aforesaid location, defendant, GARRY A. SMITH negligently operated the motor vehicle and caused it to come in contact with the plaintiff, JENNIFER MARTIN'S, aforesaid motor vehicle. 13. That as a result of the aforesaid contact, plaintiff, JENNIFER MARTIN, was seriously injured. 14. That the aforesaid accident and injuries resulting therefrom were due solely and wholly as a result of the careless and negligent manner in which the defendant owned, operated, 4 of 7 FILED: QUEENS COUNTY CLERK 06/03/2019 11:37 AM INDEX NO. 709614/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/03/2019 maintained and controlled the aforesaid motor vehicle without Plaintiff in any way contributing thereto, including: rear ending a motor vehicle; following vehicles too closely; improperly operating said motor vehicle; operating the vehicle at a greater rate of speed than care and caution would permit under the circumstances; failing to provide and/or make timely and adequate use of brakes, signaling devices, horns and steering mechanisms; failing to keep a safe distance from plaintiff; operating said motor vehicle in violation of applicable statute, laws, rules, regulations and ordinances including but not limited to the Vehicle and Traffic Laws of the State of New York and the Traffic Regulations of the City of New York; failing to observe and be alert over and along the aforementioned roadway; failing to avoid a collision with plaintiff; failing to prevent injury to plaintiff; failing to reasonably maintain and control the vehicle; and failing to properly operate and control the vehicle, with the result that the defendant's vehicle collided with plaintiff's motor vehicle, causing injuries to plaintiff. 15. That by reason of the foregoing, plaintiff sustained severe and permanent personal injuries, became sick, sore, lame and disabled; was confined to hospital, bed and home and may, in the future, be so confined; was incapacitated from attending to her usual duties and may, in the future, be so incapacitated; and was otherwise damaged. 16. That by reason of the wrongful, negligent and unlawful actions of the defendant(s), as aforesaid, the plaintiff has sustained serious injuries as defined in Section 5102(d) of the Insurance Law of the State of New York, and has sustained economic loss greater than basic economic loss as defined in Section 5102 of the said Insurance Law. 17. That one or more ofthe exceptions of §1601 and 1602 of the Civil Practice Law and Rules applies to the within action. 5 of 7 FILED: QUEENS COUNTY CLERK 06/03/2019 11:37 AM INDEX NO. 709614/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/03/2019 18. That as a result of the foregoing, the plaintiff has sustained damages exceeds the jurisdictional limits of the lower Courts. WHEREFORE, plaintiff, JENNIFER MARTIN, demands judgme defendant, GARRY A. SMITH in an amount that exceeds the jurisdictional Courts, all together with the costs and disbursements of this action. Dated: New York, New York May 31, 2019 J J Nazarzadeh, AUM & ROSEN orneys for Plaintiff 15th 100 Wall Street, FlOOr New York, NY 10005 (212) 514-5007 6 of 7 FILED: QUEENS COUNTY CLERK 06/03/2019 11:37 AM INDEX NO. 709614/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/03/2019 ATTORNEY VERIFICATION STATE OF NEW YORK - COUNTY OF NEW YORK Jordan Jacob Nazarzadeh, an attorney duly admitted to practice before State of New York hereby affirms the following to be true under penalty of perju I am an attorney associated with ROSENBAUM & ROSENBAUM, record for the plaintiff in the above action. I have read the annexed SUMMONS AND VERIFIED COMPLAINT contents thereof. The same is true to my own knowledge, except as to the matters be alleged upon information and belief, and as to those matters, I believe the reason this Verification is made by me and not by plaintiff, is that the plaintiff the county in which I maintain my law office. The grounds of my belief as to all matters not stated therein upon my as follows: a review of the file maintained by this office, books records and inve Dated: New York, New York May 31, 2019 Jor J ob Nazarzadeh, AUM & ROSEN 7 of 7