Preview
FILED: NASSAU COUNTY CLERK 01/31/2019 10:12 AM INDEX NO. 601481/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU Index #:
------------------------------------------------------X
MICHELLE T. WITTER,
Plaintiff designates Nassau
Plaintiff, County as place of Trial
The basis of venue is the
-against- Plaintiff residence
SUMMONS
CASEY SAMUEL SHAMEY,
Plaintiff's Address:
Defendant. 5 Hudson Court
Lynbrook, NY 11563
______________________________________________ .. --------------X
TO THE DEFENDANTS:
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 summons, to serve a notice of
appearance, on the Plaintiff's Attorney within 20 days after the service of this summons, exclusive
of the date of service (or within 30 days after the service is complete if this summons is not
personally deliver,ed to you within the State of New York); and in case of your failure to appear or
judgment'
answer, will be taken against you by default for the relief demanded in the complaint.
Dated: Garden City, New York
January 29, 2019
L OFF ES OF NEIL MOLDOVAN, P.C.
y: NEIL MOLDOVAN
Attorneys f Plaintiff
art Avenue, Suite 220
Garden City, NY 11530
(516) 294-3300
Defendants'
Addresses:
CASEY SAMUEL SHAMEY
31 Chestnut Street
Malverne, NY 11565
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FILED: NASSAU COUNTY CLERK 01/31/2019 10:12 AM INDEX NO. 601481/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------------- ---X
MICHELLE T. WITTER,
Plaintiff, VERIFIED COMPLAINT
-against- Index No.:
CASEY SAMUEL SHAMEY,
Defendant.
-- -------------- X
Plaintiff by her attorneys, the LAW OFFICES OF NEIL MOLDOVAN, P.C., complaining
of the defendant herein alleges the following upon information and belief:
1. That at all times hereinafter mentioned Plaintiff, MICHELLE T. WITTER, was
and still is a resident of the County of Nassau, State of New York.
2. That at all times herein mentioned, Defendant, CASEY SAMUEL SHAMEY, was
and still is a resident of the County of Nassau, State of New York.
4th
3. That upon information and belief, on the day of October, 2018, Defendant,
CASEY SAMUEL SHAMEY, was the owner of a 2016 motor vehicle bearing New York
State License plate number GBD7492.
4th
4. That upon information and belief, on the day October, 2018, Defendant, CASEY
SAMUEL SHAMEY, was the operator of a 2016 motor vehicle bearing New York State License
plate number GBD7492.
5. That upon information and belief, that all the times hereinafter mentioned,
Defendant, CASÉY SAMUEL SHAMEY, maintained the aforesaid automobile.
6. That upon information and belief, that all the times hereinafter mentioned,
Defendant, CASÉY SAMUEL SHAMEY, managed the aforesaid automobile.
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FILED: NASSAU COUNTY CLERK 01/31/2019 10:12 AM INDEX NO. 601481/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2019
7. That upon information and belief, that all the times hereinafter mentioned,
defendant, CASEY SAMUEL SHAMEY, controlled the aforesaid automobile.
8. That upon information and belief, that all the times hereinafter mentioned,
defendant, CASEY SAMUEL SHAMEY, repaired the aforesaid automobile.
4*
9. That upon information and belief, on the day of October, 2018, plaintiff,
MICHELLE T. WITTER, was legally and lawfully the operator of a 2017, motor vehicle bearing
New York State license plate number DLD4565.
10. That at all times hereinafter mentioned, Cross Island Parkway to exit Hempstead
Avenue east, County of Nassau State of New York, were and still are public streets.
4*
11. That on the day of October 2018, Plaintiff, MICHELLE T. WITTER, was
operating
her 2017 motor vehicle at the aforementioned location.
4*
12. That on the
day of October 2018, Defendant, CASEY SAMUEL SHAMEY, was
operating his motor vehicle at the aforementioned location.
4*
13. That on the
day of October 2018, the motor vehicle owned and operated by
Defendant, CASEY SAMUEL SHAMEY, came into contact with the motor vehicle owned and
operated
by plaintiff at the aforementioned location.
14. That as a result of the aforesaid contact, Plaintiff, MICHELLE T. WITTER, was
injured and sustained severe and permanent personal injuries and was otherwise damaged.
15. That the aforesaid occurrence was caused wholly and solely by reason of the
negligence of the defendant without any fault or negligence on the part of the plaintiff
contributing
thereto.
16. That defendant, CASEY SAMUEL SHAMEY, was negligent, careless, and reckless
in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid
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FILED: NASSAU COUNTY CLERK 01/31/2019 10:12 AM INDEX NO. 601481/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2019
vehicle and the defendant was otherwise negligent, careless and reckless under the circumstances then
and there prevailing
all of which resulted in the injuries sustained by the Plaintiff.
17. That Plaintiff, MICHELLE T. WITTER, is a covered person as defined in Article
51 of the Insurance law of the State of New York.
18. That as a result of the foregoing, Plaintiff, MICHELLE T. WITTER, has suffered
serious injuries as defined by Section 5102 of the Insurance Law of the State of New York.
19. That by reason of the foregoing, Plaintiff is entitled to recover for "non-economic
loss,"
as defined in Subdivision (c) of Section 5102 of the Insurance Law of the State of New York,
Loss,"
and for such economic losses as are not included within the definition of "Basic Economic
as set forth in Section 5102 Subdivisions (a), (b), and (c) of the Insurance Law of the State of New
York.
20. That Plaintiff, MICHELLE T. WITTER, sustained serious injuries and economic
loss greater than basic economic loss as defined by §5104 of the Insurance Law of the State of New
York
21. Thát Plaintiff, MICHELLE T. WITTER, is not seeking
to recover
any damages for
which Plaintiff hds been reimbursed by no-fault insurance and/or for which no-fault insurance is
obligated to reimburse Plaintiff. Plaintiff is
seeking
to recover only those damages not recoverable
through no-fault insurance under the facts and circumstances in this action.
22. That this action falls within one or more of the exceptions set forth in CPLR §l602.
23. That by reason of the foregoing, Plaintiff, MICHELLE T. WITTER, brings this
action for damages, both general and specific, in an amount that exceeds the jurisdictional limits of
all lower courts which would otherwise have jurisdiction.
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FILED: NASSAU COUNTY CLERK 01/31/2019 10:12 AM INDEX NO. 601481/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2019
WHEREFORE, Plaintiff, MICHELLE T. WITTER, demands judgment on all causes of
action against the defendant for damages, both general and specific, in an amount that exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction; together with costs
and disbursements of this action.
Dated: Garden City, New York
January 29, 2019
Yours, .
LAW FFICES OF NEIL MOLDOVAN, P.C.
y: an, Esq.
orneys for Plaintiff
. 0 Stewart Avenue, Suite 220
G Y 11530
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2019
STATE OF NEW YORK )
): SS
COUNTY OF NASSAU )
MICHELLE T. WITTER, being duly sworn, states as follows:
I am the plaintiff herein, and have read the annexed Summons and Complaint and know the
contents thereof to be true to my own knowledge, with the exception of those matters therein
stated to be alleged upon information and belief, and as to those matters we believe them to be
true.
MICHELLE T. WITTE
Sworn to before me this
306'
day of January, 2019
d.JAA(J(
NOTARY PUBLIC
LAURICE L AVERY
Notary Pubhe. State of New
York
Ns. 01AV6036856
Qualified .n Nassau
Co·Jnty
Commission Expires
February 7, 20 )A
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FILED: NASSAU COUNTY CLERK 01/31/2019 10:12 AM INDEX NO. 601481/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
Index No.
COUNTY NASSAU
MICHELLE WITTER,
Plaintiff,
-against-
CASEY SAMUEL SHAMEY
Defendant,
SUMMONS AND VERIFIED COMPLAINT
Pursuant to 22 NYCRR 130- 1. L the undersigned , an astern . tired to practice In thecourts qfNew Yorfe State, cerqffes that, uport information and belief
and reasonable inquiry. the contentions contained in the ed document are notfrtrJolous.
Law Offices of
Neil Mol v , P.C.
Attorney(s
f r P intiff
Print Signer's ame: NElL MOLDOVAN
and Post Ofece Address,Telephone
900S AVENUE, SUrrE220
GARDEN CirY, NEW YORK 11530
Dated: , 20 Tel (516)294-3300·Fax(516)294-4019
Service of a copy of the within
To
is hereby admitted.
Dated: .......................... 20 .........
for ....................................................
Attorney(s)
PLEASE TAKE NOTICE:
NOTICE OF ENTRY
that the within is a (certified) true copy of a
duly entered in the office of the clerk of the within named court on 20
NOTICE OF SETrLEMENT
that an order of which the within is a true copy
will be presented for settlement to the HON. one of the judges of the
within named Court, at
on 20 at M.
Dated,
Yours. etc.
Law Offices of
Neil Moldovan, P.C.
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Preview
FILED: NASSAU COUNTY CLERK 01/31/2019 10:12 AM INDEX NO. 601481/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Index #: ------------------------------------------------------X MICHELLE T. WITTER, Plaintiff designates Nassau Plaintiff, County as place of Trial The basis of venue is the -against- Plaintiff residence SUMMONS CASEY SAMUEL SHAMEY, Plaintiff's Address: Defendant. 5 Hudson Court Lynbrook, NY 11563 ______________________________________________ .. --------------X TO THE DEFENDANTS: 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 summons, to serve a notice of appearance, on the Plaintiff's Attorney within 20 days after the service of this summons, exclusive of the date of service (or within 30 days after the service is complete if this summons is not personally deliver,ed to you within the State of New York); and in case of your failure to appear or judgment' answer, will be taken against you by default for the relief demanded in the complaint. Dated: Garden City, New York January 29, 2019 L OFF ES OF NEIL MOLDOVAN, P.C. y: NEIL MOLDOVAN Attorneys f Plaintiff art Avenue, Suite 220 Garden City, NY 11530 (516) 294-3300 Defendants' Addresses: CASEY SAMUEL SHAMEY 31 Chestnut Street Malverne, NY 11565 1 of 7 FILED: NASSAU COUNTY CLERK 01/31/2019 10:12 AM INDEX NO. 601481/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------------- ---X MICHELLE T. WITTER, Plaintiff, VERIFIED COMPLAINT -against- Index No.: CASEY SAMUEL SHAMEY, Defendant. -- -------------- X Plaintiff by her attorneys, the LAW OFFICES OF NEIL MOLDOVAN, P.C., complaining of the defendant herein alleges the following upon information and belief: 1. That at all times hereinafter mentioned Plaintiff, MICHELLE T. WITTER, was and still is a resident of the County of Nassau, State of New York. 2. That at all times herein mentioned, Defendant, CASEY SAMUEL SHAMEY, was and still is a resident of the County of Nassau, State of New York. 4th 3. That upon information and belief, on the day of October, 2018, Defendant, CASEY SAMUEL SHAMEY, was the owner of a 2016 motor vehicle bearing New York State License plate number GBD7492. 4th 4. That upon information and belief, on the day October, 2018, Defendant, CASEY SAMUEL SHAMEY, was the operator of a 2016 motor vehicle bearing New York State License plate number GBD7492. 5. That upon information and belief, that all the times hereinafter mentioned, Defendant, CASÉY SAMUEL SHAMEY, maintained the aforesaid automobile. 6. That upon information and belief, that all the times hereinafter mentioned, Defendant, CASÉY SAMUEL SHAMEY, managed the aforesaid automobile. 2 of 7 FILED: NASSAU COUNTY CLERK 01/31/2019 10:12 AM INDEX NO. 601481/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2019 7. That upon information and belief, that all the times hereinafter mentioned, defendant, CASEY SAMUEL SHAMEY, controlled the aforesaid automobile. 8. That upon information and belief, that all the times hereinafter mentioned, defendant, CASEY SAMUEL SHAMEY, repaired the aforesaid automobile. 4* 9. That upon information and belief, on the day of October, 2018, plaintiff, MICHELLE T. WITTER, was legally and lawfully the operator of a 2017, motor vehicle bearing New York State license plate number DLD4565. 10. That at all times hereinafter mentioned, Cross Island Parkway to exit Hempstead Avenue east, County of Nassau State of New York, were and still are public streets. 4* 11. That on the day of October 2018, Plaintiff, MICHELLE T. WITTER, was operating her 2017 motor vehicle at the aforementioned location. 4* 12. That on the day of October 2018, Defendant, CASEY SAMUEL SHAMEY, was operating his motor vehicle at the aforementioned location. 4* 13. That on the day of October 2018, the motor vehicle owned and operated by Defendant, CASEY SAMUEL SHAMEY, came into contact with the motor vehicle owned and operated by plaintiff at the aforementioned location. 14. That as a result of the aforesaid contact, Plaintiff, MICHELLE T. WITTER, was injured and sustained severe and permanent personal injuries and was otherwise damaged. 15. That the aforesaid occurrence was caused wholly and solely by reason of the negligence of the defendant without any fault or negligence on the part of the plaintiff contributing thereto. 16. That defendant, CASEY SAMUEL SHAMEY, was negligent, careless, and reckless in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid 3 of 7 FILED: NASSAU COUNTY CLERK 01/31/2019 10:12 AM INDEX NO. 601481/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2019 vehicle and the defendant was otherwise negligent, careless and reckless under the circumstances then and there prevailing all of which resulted in the injuries sustained by the Plaintiff. 17. That Plaintiff, MICHELLE T. WITTER, is a covered person as defined in Article 51 of the Insurance law of the State of New York. 18. That as a result of the foregoing, Plaintiff, MICHELLE T. WITTER, has suffered serious injuries as defined by Section 5102 of the Insurance Law of the State of New York. 19. That by reason of the foregoing, Plaintiff is entitled to recover for "non-economic loss," as defined in Subdivision (c) of Section 5102 of the Insurance Law of the State of New York, Loss," and for such economic losses as are not included within the definition of "Basic Economic as set forth in Section 5102 Subdivisions (a), (b), and (c) of the Insurance Law of the State of New York. 20. That Plaintiff, MICHELLE T. WITTER, sustained serious injuries and economic loss greater than basic economic loss as defined by §5104 of the Insurance Law of the State of New York 21. Thát Plaintiff, MICHELLE T. WITTER, is not seeking to recover any damages for which Plaintiff hds been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated to reimburse Plaintiff. Plaintiff is seeking to recover only those damages not recoverable through no-fault insurance under the facts and circumstances in this action. 22. That this action falls within one or more of the exceptions set forth in CPLR §l602. 23. That by reason of the foregoing, Plaintiff, MICHELLE T. WITTER, brings this action for damages, both general and specific, in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 4 of 7 FILED: NASSAU COUNTY CLERK 01/31/2019 10:12 AM INDEX NO. 601481/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2019 WHEREFORE, Plaintiff, MICHELLE T. WITTER, demands judgment on all causes of action against the defendant for damages, both general and specific, in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction; together with costs and disbursements of this action. Dated: Garden City, New York January 29, 2019 Yours, . LAW FFICES OF NEIL MOLDOVAN, P.C. y: an, Esq. orneys for Plaintiff . 0 Stewart Avenue, Suite 220 G Y 11530 5 of 7 FILED: NASSAU COUNTY CLERK 01/31/2019 10:12 AM INDEX NO. 601481/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2019 STATE OF NEW YORK ) ): SS COUNTY OF NASSAU ) MICHELLE T. WITTER, being duly sworn, states as follows: I am the plaintiff herein, and have read the annexed Summons and Complaint and know the contents thereof to be true to my own knowledge, with the exception of those matters therein stated to be alleged upon information and belief, and as to those matters we believe them to be true. MICHELLE T. WITTE Sworn to before me this 306' day of January, 2019 d.JAA(J( NOTARY PUBLIC LAURICE L AVERY Notary Pubhe. State of New York Ns. 01AV6036856 Qualified .n Nassau Co·Jnty Commission Expires February 7, 20 )A 6 of 7 FILED: NASSAU COUNTY CLERK 01/31/2019 10:12 AM INDEX NO. 601481/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/31/2019 SUPREME COURT OF THE STATE OF NEW YORK Index No. COUNTY NASSAU MICHELLE WITTER, Plaintiff, -against- CASEY SAMUEL SHAMEY Defendant, SUMMONS AND VERIFIED COMPLAINT Pursuant to 22 NYCRR 130- 1. L the undersigned , an astern . tired to practice In thecourts qfNew Yorfe State, cerqffes that, uport information and belief and reasonable inquiry. the contentions contained in the ed document are notfrtrJolous. Law Offices of Neil Mol v , P.C. Attorney(s f r P intiff Print Signer's ame: NElL MOLDOVAN and Post Ofece Address,Telephone 900S AVENUE, SUrrE220 GARDEN CirY, NEW YORK 11530 Dated: , 20 Tel (516)294-3300·Fax(516)294-4019 Service of a copy of the within To is hereby admitted. Dated: .......................... 20 ......... for .................................................... Attorney(s) PLEASE TAKE NOTICE: NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on 20 NOTICE OF SETrLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named Court, at on 20 at M. Dated, Yours. etc. Law Offices of Neil Moldovan, P.C. 7 of 7