Preview
FILED: NEW YORK COUNTY CLERK 01/16/2019 10:53 AM INDEX NO. 150428/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--_______-----_____________-------------------¬----------X INDEX NO.:
FREDERICK REAVES, FILING DATE:
Plaintiff, SUMMONS
Plaintiff Designates
-against- New York as the
County
. Place of Trial
The Basis of Venue is
MARC J. LUST, Plaintiff's Address
Plaintiff resides at:
Defendant. 1626 Amsterdam Avenue,
Apt#. 1A
New York, New York 10031
----------------------------------------------
--------------X
To the above-named Defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or if the complaiñt is not served with this summons, to serve a notice of
appearance, on the Plaintiff's Attorney within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this sü-snans 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: Melville, New York
January 16, 2019
Defendant's address:
MARC J. LUST
3 Westwood Court
Harrison, New York 10528
BY: J El4I M. SORCE, ESQ.
BRA LI & ASSOCIATES, P.C.
Atto s for Plaintiff
FREDERICK REAVES
300 Broadhollow Road, Suite 100W
Melville, New York 11747
(631) 423-7755
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------- ----------------------------------- --X Index No.:
FREDERICK date:
REAVES, Filing
Plaintiff, VERIFIED
COMPLAINT
-against-
MARC J. LUST,
Defendant.
----------------------------------- ----------------------------X
PLAINTIFF, by his attorneys, BRAGOLI & ASSOCIATES, P.C., complains of the
Defendant and alleges, upon information and belief, the following:
1. That at all times hereinafter mentioned, Plaintiff, FREDERICK REAVES,
resided in the City and State of New York.
2. That at all times hereinafter mentioned, Plaintiff, FREDERICK REAVES,
maintaiñêd a residence at 1626 Amsterdam Avenue, Apt#. 1A, New York, New York 10031.
3. That at all times hereinafter mentioned, Defendant, MARC J. LUST, resided in
the State of New York.
4. That at all times hereinafter mentioned, Defendant, MARC J. LUST, was the
registrant owner of a certain motor vehicle bearing New York State License Plate Number
HER3159.
5. That at all times hereinafter mentioned, Defendant, MARC J. LUST, was
operating a certain motor vehicle bearing New York State License Plate Number HER3159.
6. That at all times hereinafter mentioned, Defendant, MARC J. LUST, had the
duty and/or assumed the duty to properly own, control, =nage maintain, operate, inspect and
repair the aforesaid motor vehicle bearing New York State License Plate Number HER3159.
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7. That at all times hereinafter mentioned, Defendant, MARC J. LUST, breached
his to own, control, mññsge, maiñtsin, operate, inspect and repair the aforesaid
duty properly
motor vehicle bearing New York State License Plate Number HER3159.
41st
8. That at all times hereinafter mentioned, West Street, at its intersection with
10*
Avenue, in the City and State ofNew York, was and is a public roadway in common usage.
9. That on or about August 3, 2018, the aforesaid motor vehicle owned and operated
by Defendant, MARC J. LUST, was in contact with the aforesaid motor vehicle which was
owñêd and operated Jason M. Jenkins, which contained Plaintiff FREDERICK
by by
REAVES, as a passenger.
10. That on or about August 3, 2018, the aforesaid motor vehicle owned and operated
by Defeñdant, MARC J. LUST, came into violent coñtact and collision with the motor vehicle
which was owned and operated by Jason M. Jenkins, which contained Plaintiff, FREDERICK
REAVES, as a passenger.
11. That on or about August 3, 2018, the aforesaid motor vehicle owned and operated
by Defendant, MARC J. LUST, came into violent contact and collision with the motor vehicle
which was owned and operated by Jason M. Jenkins, which contained Plaintiff, FREDERICK
4155 10*
REAVES, as a passenger, on West Street, at its intersection with Avenue, in the City
and State of New York.
12. That as a result of the foregoing, Plaintiff, FREDERICK REAVES, sustained
certain severe personal injuries.
13. That the aforesaid collision and the injuries sustained by Plaintiff, FREDERICK
REAVES, was caused solely by reason of the ñegligence of the Defendsat, and without any
negligence or fault on the part of the Plaintiff contributing thereto.
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14. That Defeñdãñt, MARC J. LUST, was reckless, careless and negligent in the
ownership, operation, management, maintenance, inspection, supervision, repair and control of
his motor vehicle; in failing to look, in failing to see, in failing to be observant of the
surroüñding circumstâñces; in operating the motor vehicle at a greater rate of speed than care
and caution would permit under the circumstances; in causing, allowing and permitting said
motor vehicle to strike and come in contact with another motor vehicle; in failing to take due
and proper notice of the presence of other vehicles on the roadway; in failing to make prompt,
proper and timely use of the steering and braking mechanisms of the motor vehicle; in failing to
observe the traffic signs and controls then and there in effect; in failing to yield the right of way;
in failing to proceed in a safe and proper manner; in failing to main+=ln the braking and steering
mechanisms of the motor vehicle in proper adequate condition and/or repair; in failing to give
any signal, sound or warning of the approach of the motor vehicle; in failing to exercise due care
and caution in the operation and control of the motor vehicle so as to have avoided this accident
and the injuries to the Plaintiff herein; in violating rules of the road, statutes, ordinances and/or
regnistians; and Defendant was otherwise reckless, negligent and careless in the ownersMp,
operation, management, mainteñañce, inspection, supervision, repair and control of the
aforementioned motor vehicle.
15. That as a result of the foregoing, Plaintiff, FREDERICK REAVES, suffered a
serious injury as defined in Section 5102(d) of the Insurance Law of the State of New York.
16. That as a result of the foregoing, Plaintiff, FREDERICK REAVES, sustained
serious, severe and permañêñt personal injuries and was rendered sick, sore, lame and disabled;
Plaintiff, FREDERICK REAVES, was caused to suffer great physical pain, discomfort and
disability and will continue to suffer pain, anguish, discomfort and disability in the future;
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Plaintiff, FREDERICK REAVES, was caused to undergo hospital and medical care, aid and
treatment, and continue to undergo medical care, aid and treatment for a long period of time
may
to come in the future; Plaintiff, FREDERICK REAVES, incurred large sums of expenses for
medical care, aid and attention and may continue to incur large sums of expenses for future
medical care, aid and attention; Plaintiff, FREDERICK REAVES, was further caused to
become iñcapacitated from and hindered in the progress of his usual pursuits, duties and
activities and may continue to be hindered in his pursuits, duties and activities for a long period
of time to come in the future.
17. That as a result of the foregoing, Plaintiff, FREDERICK REAVES, has been
damaged in an amount which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction.
WHEREFORE, Plaintiff, FREDERICK REAVES, demands judgment against
Defendant, MARC J. LUST; together with the costs and disbursements of this action.
Dated: Melville, New York
January 16, 2019
Yo etc.,
BY: J S H M. SORCE, ESQ.
B I & ASSOCIATES, P.C.
Att eys for Plaintiff
FREDERICK REAVES
300 Broadhollow Road, Suite 100W
Melville, New York 11747
(631) 423-7755
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ATTORNEY'S VERIFICATION
The undersigned, an attorney duly admitted and licensed to practice in the Courts of the
State of New York, hereby affirms the following to be true under the penalties of perjury:
I am the attorney for the Plaintiff in the within action; that the undersigned has read the
foregoing VERIFIED COMPLAINT and knows the contene thereof; that the same is true to
affirmant's own knewledge, except as to those matters alleged to be true upon information and
belief, and as to those affirmant believe them to be true.
The undersigned further states that the reason this verification is made the undersigned
by
and not by Plaintiff is that the Plaintiff does not reside within the County where affirmant
maintains an office.
The grounds of affirmant's belief as to all matters not stated to be upon affirmant's
knowledge, are documents, correspondêñces, and records meñtened in affirmant's files and
conversations had with the Plaintiff.
The undersigned affirms that the foregoing statements are true, under the penalty of
Perjury.
Dated: Melville, New York
January 16, 2019
JO . SORCE,ESQ.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
FREDERICK REAVES,
Plaintiff,
-against-
MARC J. LUST,
Defendant.
SUMMONS and VERIFIED COMPLAINT
BRAGOLI & ASSOCIATES, P.C.
Attorneys for the Plaintif
300 Broadhollow Road, Suite 100W
Melville, New York 11747
(631) 423-7755
To:>
for>
Attorney(s)
Service of a copy of the within is hereby admitted.
Dated,
Attorney(s) for
. ..
Sir: - Please take notice
that the within is a true copy of a duly entered in the office of the clerk of the within named
court on
, 2019
Dated:
Yo rs,e c.
Attorney signature pursuant to Sec. 130-1.1-a the
Rules of the Chief Administrator (22NYCRR)
BY: I f-IM. SORCE, ESQ.
BRA I & ASSOCIATES, P.C.
Atto ys for the Plaintif
300 roadhollow Road, Suite 100W
Melville, New York 11747
(631) 423-7755
7 of 7
Preview
FILED: NEW YORK COUNTY CLERK 01/16/2019 10:53 AM INDEX NO. 150428/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --_______-----_____________-------------------¬----------X INDEX NO.: FREDERICK REAVES, FILING DATE: Plaintiff, SUMMONS Plaintiff Designates -against- New York as the County . Place of Trial The Basis of Venue is MARC J. LUST, Plaintiff's Address Plaintiff resides at: Defendant. 1626 Amsterdam Avenue, Apt#. 1A New York, New York 10031 ---------------------------------------------- --------------X To the above-named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or if the complaiñt is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this sü-snans 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: Melville, New York January 16, 2019 Defendant's address: MARC J. LUST 3 Westwood Court Harrison, New York 10528 BY: J El4I M. SORCE, ESQ. BRA LI & ASSOCIATES, P.C. Atto s for Plaintiff FREDERICK REAVES 300 Broadhollow Road, Suite 100W Melville, New York 11747 (631) 423-7755 1 of 7 FILED: NEW YORK COUNTY CLERK 01/16/2019 10:53 AM INDEX NO. 150428/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------- ----------------------------------- --X Index No.: FREDERICK date: REAVES, Filing Plaintiff, VERIFIED COMPLAINT -against- MARC J. LUST, Defendant. ----------------------------------- ----------------------------X PLAINTIFF, by his attorneys, BRAGOLI & ASSOCIATES, P.C., complains of the Defendant and alleges, upon information and belief, the following: 1. That at all times hereinafter mentioned, Plaintiff, FREDERICK REAVES, resided in the City and State of New York. 2. That at all times hereinafter mentioned, Plaintiff, FREDERICK REAVES, maintaiñêd a residence at 1626 Amsterdam Avenue, Apt#. 1A, New York, New York 10031. 3. That at all times hereinafter mentioned, Defendant, MARC J. LUST, resided in the State of New York. 4. That at all times hereinafter mentioned, Defendant, MARC J. LUST, was the registrant owner of a certain motor vehicle bearing New York State License Plate Number HER3159. 5. That at all times hereinafter mentioned, Defendant, MARC J. LUST, was operating a certain motor vehicle bearing New York State License Plate Number HER3159. 6. That at all times hereinafter mentioned, Defendant, MARC J. LUST, had the duty and/or assumed the duty to properly own, control, =nage maintain, operate, inspect and repair the aforesaid motor vehicle bearing New York State License Plate Number HER3159. 2 of 7 FILED: NEW YORK COUNTY CLERK 01/16/2019 10:53 AM INDEX NO. 150428/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019 7. That at all times hereinafter mentioned, Defendant, MARC J. LUST, breached his to own, control, mññsge, maiñtsin, operate, inspect and repair the aforesaid duty properly motor vehicle bearing New York State License Plate Number HER3159. 41st 8. That at all times hereinafter mentioned, West Street, at its intersection with 10* Avenue, in the City and State ofNew York, was and is a public roadway in common usage. 9. That on or about August 3, 2018, the aforesaid motor vehicle owned and operated by Defendant, MARC J. LUST, was in contact with the aforesaid motor vehicle which was owñêd and operated Jason M. Jenkins, which contained Plaintiff FREDERICK by by REAVES, as a passenger. 10. That on or about August 3, 2018, the aforesaid motor vehicle owned and operated by Defeñdant, MARC J. LUST, came into violent coñtact and collision with the motor vehicle which was owned and operated by Jason M. Jenkins, which contained Plaintiff, FREDERICK REAVES, as a passenger. 11. That on or about August 3, 2018, the aforesaid motor vehicle owned and operated by Defendant, MARC J. LUST, came into violent contact and collision with the motor vehicle which was owned and operated by Jason M. Jenkins, which contained Plaintiff, FREDERICK 4155 10* REAVES, as a passenger, on West Street, at its intersection with Avenue, in the City and State of New York. 12. That as a result of the foregoing, Plaintiff, FREDERICK REAVES, sustained certain severe personal injuries. 13. That the aforesaid collision and the injuries sustained by Plaintiff, FREDERICK REAVES, was caused solely by reason of the ñegligence of the Defendsat, and without any negligence or fault on the part of the Plaintiff contributing thereto. 3 of 7 FILED: NEW YORK COUNTY CLERK 01/16/2019 10:53 AM INDEX NO. 150428/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019 14. That Defeñdãñt, MARC J. LUST, was reckless, careless and negligent in the ownership, operation, management, maintenance, inspection, supervision, repair and control of his motor vehicle; in failing to look, in failing to see, in failing to be observant of the surroüñding circumstâñces; in operating the motor vehicle at a greater rate of speed than care and caution would permit under the circumstances; in causing, allowing and permitting said motor vehicle to strike and come in contact with another motor vehicle; in failing to take due and proper notice of the presence of other vehicles on the roadway; in failing to make prompt, proper and timely use of the steering and braking mechanisms of the motor vehicle; in failing to observe the traffic signs and controls then and there in effect; in failing to yield the right of way; in failing to proceed in a safe and proper manner; in failing to main+=ln the braking and steering mechanisms of the motor vehicle in proper adequate condition and/or repair; in failing to give any signal, sound or warning of the approach of the motor vehicle; in failing to exercise due care and caution in the operation and control of the motor vehicle so as to have avoided this accident and the injuries to the Plaintiff herein; in violating rules of the road, statutes, ordinances and/or regnistians; and Defendant was otherwise reckless, negligent and careless in the ownersMp, operation, management, mainteñañce, inspection, supervision, repair and control of the aforementioned motor vehicle. 15. That as a result of the foregoing, Plaintiff, FREDERICK REAVES, suffered a serious injury as defined in Section 5102(d) of the Insurance Law of the State of New York. 16. That as a result of the foregoing, Plaintiff, FREDERICK REAVES, sustained serious, severe and permañêñt personal injuries and was rendered sick, sore, lame and disabled; Plaintiff, FREDERICK REAVES, was caused to suffer great physical pain, discomfort and disability and will continue to suffer pain, anguish, discomfort and disability in the future; 4 of 7 FILED: NEW YORK COUNTY CLERK 01/16/2019 10:53 AM INDEX NO. 150428/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019 Plaintiff, FREDERICK REAVES, was caused to undergo hospital and medical care, aid and treatment, and continue to undergo medical care, aid and treatment for a long period of time may to come in the future; Plaintiff, FREDERICK REAVES, incurred large sums of expenses for medical care, aid and attention and may continue to incur large sums of expenses for future medical care, aid and attention; Plaintiff, FREDERICK REAVES, was further caused to become iñcapacitated from and hindered in the progress of his usual pursuits, duties and activities and may continue to be hindered in his pursuits, duties and activities for a long period of time to come in the future. 17. That as a result of the foregoing, Plaintiff, FREDERICK REAVES, has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff, FREDERICK REAVES, demands judgment against Defendant, MARC J. LUST; together with the costs and disbursements of this action. Dated: Melville, New York January 16, 2019 Yo etc., BY: J S H M. SORCE, ESQ. B I & ASSOCIATES, P.C. Att eys for Plaintiff FREDERICK REAVES 300 Broadhollow Road, Suite 100W Melville, New York 11747 (631) 423-7755 5 of 7 FILED: NEW YORK COUNTY CLERK 01/16/2019 10:53 AM INDEX NO. 150428/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019 ATTORNEY'S VERIFICATION The undersigned, an attorney duly admitted and licensed to practice in the Courts of the State of New York, hereby affirms the following to be true under the penalties of perjury: I am the attorney for the Plaintiff in the within action; that the undersigned has read the foregoing VERIFIED COMPLAINT and knows the contene thereof; that the same is true to affirmant's own knewledge, except as to those matters alleged to be true upon information and belief, and as to those affirmant believe them to be true. The undersigned further states that the reason this verification is made the undersigned by and not by Plaintiff is that the Plaintiff does not reside within the County where affirmant maintains an office. The grounds of affirmant's belief as to all matters not stated to be upon affirmant's knowledge, are documents, correspondêñces, and records meñtened in affirmant's files and conversations had with the Plaintiff. The undersigned affirms that the foregoing statements are true, under the penalty of Perjury. Dated: Melville, New York January 16, 2019 JO . SORCE,ESQ. 6 of 7 FILED: NEW YORK COUNTY CLERK 01/16/2019 10:53 AM INDEX NO. 150428/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK FREDERICK REAVES, Plaintiff, -against- MARC J. LUST, Defendant. SUMMONS and VERIFIED COMPLAINT BRAGOLI & ASSOCIATES, P.C. Attorneys for the Plaintif 300 Broadhollow Road, Suite 100W Melville, New York 11747 (631) 423-7755 To:> for> Attorney(s) Service of a copy of the within is hereby admitted. Dated, Attorney(s) for . .. Sir: - Please take notice that the within is a true copy of a duly entered in the office of the clerk of the within named court on , 2019 Dated: Yo rs,e c. Attorney signature pursuant to Sec. 130-1.1-a the Rules of the Chief Administrator (22NYCRR) BY: I f-IM. SORCE, ESQ. BRA I & ASSOCIATES, P.C. Atto ys for the Plaintif 300 roadhollow Road, Suite 100W Melville, New York 11747 (631) 423-7755 7 of 7