Preview
FILED: ROCKLAND COUNTY CLERK 01/24/2019 05:13 PM INDEX NO. 030506/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2019
FROM :JOSEPH RUYACK FAX NO. :8457822155 Jan. 24 2019 02: 27PM P1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
. . X
MAUREEN SQUILLINT IndeX No
Plaintiffts)designate
Plaintiff, Rockland County as the Place of trial
-Against- The basis of venue is:
Plaintiff s residence
SUMMONS WITH NOTICE
LIMARY RODRIGUEZ
Plaintiff(s) reside(s) at:
3 Cedar Lanc
Thiells, New York 10984
Defendant,
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 the Summons, to
serve notice ofappearance, on the Plaintiff's attorneys within 20 days after the service of
this Summons exclusive of the day of service (or within 30 days after the service is
complete ifthis Summons is not personally delivered to you with 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: Chester, New York ..6 7
January 24, 2019 oseph . Ruyack III
Attorney for the Plaintiff
3 Twin Brooks Drive
Chester, New York 10918
Defendant(s) Address(es)
Limary Rodriguez
53 S.Lilburn Drive
Garnerville, New York 10923
NOTICE: The object of this action is torecover monetary damages for injuries sustained by
plaintiff by the negligence of the defendant in a motor vchicic accident on February 27, 2018.
The reliefsought is monetary damages in the amount that exceeds all lower court
jurisdictional limits
Upon your failure to appear, judgment will be taken against you by default with interest
flom February 27, 2018 and the costs and disbursements of thisaction.
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FILED: ROCKLAND COUNTY CLERK 01/24/2019 05:13 PM INDEX NO. 030506/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2019
FROM : JOSEPH RUYACK FAX NO. :8457822155 Jan. 24 2019 02:27PM P2
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
______....._____......-------.----------------X
MAUREEN SQUILLIN1
Plaintiff,
-against- VER1FIED COMPLAINT
Li MARY RODRIGUEZ
INDEX NO.:
Defendant.
..----------.------..--_....-.·-------- - ------X
Plaintiffs, complaining of the defendants, by their attorney, Joseph E. Ruyack Ill,
respectftdly shows to this Court and alleges:
1. That at allthe times hereinafter mentioned, and at the commencement of thisaction,
plaintiff, MAUREEN SQUILLINT is a resident of the State of New York residing at 3 Cedar
Lane, Thiells, New York 10984.
2. That at alltimes hereiñder mentioned, the defendant, LIMARY RODRTGUEZ
resides at 53 S. Lilburn Drive, Garnerville, New York 10923 in the County of Rockland and
State of New York.
3. That upon information and belief, that at alltimes hereinafter mentiõned, the plaintiff,
MAUREEN SQU1LLINT was the operator of a 2004 four door sedan motor vehicle bearing a
New York State registration and plate number 513824 for the year 20 18 that was involved in a
motor vehicle accident that occurred on February 27, 2018.
4. That upon information and belief, that at alltimes hereiñãaer mentioned, Patricia
Slapp, was the owner of a 2004 Toyota four door sedan motor vehicle bearing a New York State
registration and plate number 513824for the year 2018 which was invelved in a motor vehicle
acc.ident that occurred on February 27, 2018.
5. That upon infonnation and belief,that at all times hereinafter mentioned, the plaintiff,
MAUREEN SQUILLINI, operated the 2004 Toyota four door sedan motor vehicic bearing a
New York State registration and plate number 513824 for the year 2018 that was involved in a
motor vehicle accident that occurred on 27, 2018 with the knowledge and c0ñscñt of
February
the owner, Patricia Slapp.
6. Upon information and belief, that at allthe times herciñder mentioned, defendant,
LIMARY RODRIGUEZ, was the operator of a 2007 Toyota four door sedan motor vehicle
bearing a State of New York State registration and plate number F2B7214 for the year 2018 that
was involved in a motor vehicle accident on 27, 2018 with the plaintiff.
February
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FILED: ROCKLAND COUNTY CLERK 01/24/2019 05:13 PM INDEX NO. 030506/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2019
FROM :JOSEPH RUYACK FAX NO. :8457822155 Jan. 24 2019 02:27PM P3
7. Upon information and belief, that at allthe times hereinafter mentioned, defendant,
LIMARY RODRIGUEZ, was the owner of a 2007 Toyota four door sedan motor vehicle beadng
a State of New York State registration and plate number FZB7214 for the year 2018 that was
involved in a motor vehicle accident on February 27, 2018 with the plaintiff.
8. That at alltimes hereinafter mentioned, on or about February 27, 2018, the intersection
of M.ain Street and Rail Road Avenue in the Town of Haverstraw, State of New York was and
stillis a public highway.
2702
9. That on the day of February 2018 while the plaintiff was lawfully traveling and
operating the motor vehicle on Rail Road Avenue at itsintersetion with Main Street in the
Town of Haverstraw, County of Rockland, State of New York, defendant's vehicle did violently
strike the vehicle the plaintiff while she attempting to make a 1cftturn with the green arrow onto
Suffern Lane when defendant's vehicle did pass a steady red light causing the collision.
10. That the accident and the injuries and damages to the plaintiff,MAUREEN
SQUILLINT, there from were caused reason of the negligence, want of care
resulting solely by
and omission of duty on the part of the defemhnt and without any fault or negligence on the part
of the plaintiff thereto attributing.
11. That the defendant was negligent in the operation and ownership of her motor
vehicle, she was negligent, careless, reckless, failed to see and caused the accident alleged herein
allin violation of law, statutes and ordinances.
12. That by reason of the aforesaid, plaintiff, MAUREEN SQUILLINI, bas been rendered
sick, sore and disabled; was seriously and permancñ‡ly injured; has suffered mental, emotional
and nervous shock, all with accompar.ying pain; has had and will continue to require medical
treatment and medicines and was and is unable to attend to her usual and customary dutics and
activities.
13. That the injuries sustained by the plaintiff,MAUREEN SQUILLINI, are serious and
permanent in nature as defined by section 5102 of the insurance law of the State of New York.
14. That the within matter is claimed to recover for personal injuries that are not subject
to the provisions of Article 16 of the CPLR by reason of the application of one or more of the
exceptions set forth in Section 1602 of the CPLR.
15. That by reason of the foregoing plaintiff, MAUREEN SQUILLIN1, has been damaged
and seeks damages, compensation and relief in excess of all lower court jurisdictional
monetary
limits.
3 of 5
FILED: ROCKLAND COUNTY CLERK 01/24/2019 05:13 PM INDEX NO. 030506/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2019
FROM :JOSEPH RUYACK FAX NO. :8457822155 Jan. 24 2019 02:28PM P4
WHEREFORE, plaintiffs demand judgniciït agshist the defendant on allher causes of
action for damages, compensation and monetary relief that exceeds alllower court
jurisdictional amounts which the jury would find to be fair,adequate and just, together with
costs and disburscrnents of this action and such other and further relief as the court deems just
and proper.
Dated: January 24, 2019
Chester, New York 10918
LAW FFICE OF JOSgH E. RUYACK 111
By: , JL d KmemÅ tC
Josepht. Ruyack 111
3 Twin Brooks Drive
Chester, New York 10918
(845) 782-215 5
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FILED: ROCKLAND COUNTY CLERK 01/24/2019 05:13 PM INDEX NO. 030506/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2019
FROM :JOSEPH RUYACK FAX NO. :8457822155 Jan. 24 2019 02:28PM P5
VERIFICATION
STATE OF NEW YORK)
COUNTY OF ORANGE) ss:
JOSEPH E. RUYACK III, an attorney admitted to practice law before the
Courts of the State of New York affirms the following under penalty of perjury:
That I am the attorney of record for the Plaintiffs, in the within action; I have read
the foregoing Summons and Complaint and know the contents thereof; the same is
true to my knowledge, except as to the matters therein stated to be alleged on
information and belief, and as to those matters, I believe them to be true.
The reason this verification is made by me and not by plaintiffs, is because
they do not reside in the county where deponent maintains his office. Plaintiffs
reside in Rockland County New York.
The grounds of deponent's belief as to all matters contained therein are upon
deponent's information and belief and communications with plaintiff and copies of
plaintiff's records in deponent's legal file.
Dated: 24, 20 I9
January
Chester, New York
J EP E. RUYACYÂ
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Preview
FILED: ROCKLAND COUNTY CLERK 01/24/2019 05:13 PM INDEX NO. 030506/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2019 FROM :JOSEPH RUYACK FAX NO. :8457822155 Jan. 24 2019 02: 27PM P1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND . . X MAUREEN SQUILLINT IndeX No Plaintiffts)designate Plaintiff, Rockland County as the Place of trial -Against- The basis of venue is: Plaintiff s residence SUMMONS WITH NOTICE LIMARY RODRIGUEZ Plaintiff(s) reside(s) at: 3 Cedar Lanc Thiells, New York 10984 Defendant, 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 the Summons, to serve notice ofappearance, on the Plaintiff's attorneys within 20 days after the service of this Summons exclusive of the day of service (or within 30 days after the service is complete ifthis Summons is not personally delivered to you with 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: Chester, New York ..6 7 January 24, 2019 oseph . Ruyack III Attorney for the Plaintiff 3 Twin Brooks Drive Chester, New York 10918 Defendant(s) Address(es) Limary Rodriguez 53 S.Lilburn Drive Garnerville, New York 10923 NOTICE: The object of this action is torecover monetary damages for injuries sustained by plaintiff by the negligence of the defendant in a motor vchicic accident on February 27, 2018. The reliefsought is monetary damages in the amount that exceeds all lower court jurisdictional limits Upon your failure to appear, judgment will be taken against you by default with interest flom February 27, 2018 and the costs and disbursements of thisaction. 1 of 5 FILED: ROCKLAND COUNTY CLERK 01/24/2019 05:13 PM INDEX NO. 030506/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2019 FROM : JOSEPH RUYACK FAX NO. :8457822155 Jan. 24 2019 02:27PM P2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ______....._____......-------.----------------X MAUREEN SQUILLIN1 Plaintiff, -against- VER1FIED COMPLAINT Li MARY RODRIGUEZ INDEX NO.: Defendant. ..----------.------..--_....-.·-------- - ------X Plaintiffs, complaining of the defendants, by their attorney, Joseph E. Ruyack Ill, respectftdly shows to this Court and alleges: 1. That at allthe times hereinafter mentioned, and at the commencement of thisaction, plaintiff, MAUREEN SQUILLINT is a resident of the State of New York residing at 3 Cedar Lane, Thiells, New York 10984. 2. That at alltimes hereiñder mentioned, the defendant, LIMARY RODRTGUEZ resides at 53 S. Lilburn Drive, Garnerville, New York 10923 in the County of Rockland and State of New York. 3. That upon information and belief, that at alltimes hereinafter mentiõned, the plaintiff, MAUREEN SQU1LLINT was the operator of a 2004 four door sedan motor vehicle bearing a New York State registration and plate number 513824 for the year 20 18 that was involved in a motor vehicle accident that occurred on February 27, 2018. 4. That upon information and belief, that at alltimes hereiñãaer mentioned, Patricia Slapp, was the owner of a 2004 Toyota four door sedan motor vehicle bearing a New York State registration and plate number 513824for the year 2018 which was invelved in a motor vehicle acc.ident that occurred on February 27, 2018. 5. That upon infonnation and belief,that at all times hereinafter mentioned, the plaintiff, MAUREEN SQUILLINI, operated the 2004 Toyota four door sedan motor vehicic bearing a New York State registration and plate number 513824 for the year 2018 that was involved in a motor vehicle accident that occurred on 27, 2018 with the knowledge and c0ñscñt of February the owner, Patricia Slapp. 6. Upon information and belief, that at allthe times herciñder mentioned, defendant, LIMARY RODRIGUEZ, was the operator of a 2007 Toyota four door sedan motor vehicle bearing a State of New York State registration and plate number F2B7214 for the year 2018 that was involved in a motor vehicle accident on 27, 2018 with the plaintiff. February 2 of 5 FILED: ROCKLAND COUNTY CLERK 01/24/2019 05:13 PM INDEX NO. 030506/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2019 FROM :JOSEPH RUYACK FAX NO. :8457822155 Jan. 24 2019 02:27PM P3 7. Upon information and belief, that at allthe times hereinafter mentioned, defendant, LIMARY RODRIGUEZ, was the owner of a 2007 Toyota four door sedan motor vehicle beadng a State of New York State registration and plate number FZB7214 for the year 2018 that was involved in a motor vehicle accident on February 27, 2018 with the plaintiff. 8. That at alltimes hereinafter mentioned, on or about February 27, 2018, the intersection of M.ain Street and Rail Road Avenue in the Town of Haverstraw, State of New York was and stillis a public highway. 2702 9. That on the day of February 2018 while the plaintiff was lawfully traveling and operating the motor vehicle on Rail Road Avenue at itsintersetion with Main Street in the Town of Haverstraw, County of Rockland, State of New York, defendant's vehicle did violently strike the vehicle the plaintiff while she attempting to make a 1cftturn with the green arrow onto Suffern Lane when defendant's vehicle did pass a steady red light causing the collision. 10. That the accident and the injuries and damages to the plaintiff,MAUREEN SQUILLINT, there from were caused reason of the negligence, want of care resulting solely by and omission of duty on the part of the defemhnt and without any fault or negligence on the part of the plaintiff thereto attributing. 11. That the defendant was negligent in the operation and ownership of her motor vehicle, she was negligent, careless, reckless, failed to see and caused the accident alleged herein allin violation of law, statutes and ordinances. 12. That by reason of the aforesaid, plaintiff, MAUREEN SQUILLINI, bas been rendered sick, sore and disabled; was seriously and permancñ‡ly injured; has suffered mental, emotional and nervous shock, all with accompar.ying pain; has had and will continue to require medical treatment and medicines and was and is unable to attend to her usual and customary dutics and activities. 13. That the injuries sustained by the plaintiff,MAUREEN SQUILLINI, are serious and permanent in nature as defined by section 5102 of the insurance law of the State of New York. 14. That the within matter is claimed to recover for personal injuries that are not subject to the provisions of Article 16 of the CPLR by reason of the application of one or more of the exceptions set forth in Section 1602 of the CPLR. 15. That by reason of the foregoing plaintiff, MAUREEN SQUILLIN1, has been damaged and seeks damages, compensation and relief in excess of all lower court jurisdictional monetary limits. 3 of 5 FILED: ROCKLAND COUNTY CLERK 01/24/2019 05:13 PM INDEX NO. 030506/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2019 FROM :JOSEPH RUYACK FAX NO. :8457822155 Jan. 24 2019 02:28PM P4 WHEREFORE, plaintiffs demand judgniciït agshist the defendant on allher causes of action for damages, compensation and monetary relief that exceeds alllower court jurisdictional amounts which the jury would find to be fair,adequate and just, together with costs and disburscrnents of this action and such other and further relief as the court deems just and proper. Dated: January 24, 2019 Chester, New York 10918 LAW FFICE OF JOSgH E. RUYACK 111 By: , JL d KmemÅ tC Josepht. Ruyack 111 3 Twin Brooks Drive Chester, New York 10918 (845) 782-215 5 4 of 5 FILED: ROCKLAND COUNTY CLERK 01/24/2019 05:13 PM INDEX NO. 030506/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2019 FROM :JOSEPH RUYACK FAX NO. :8457822155 Jan. 24 2019 02:28PM P5 VERIFICATION STATE OF NEW YORK) COUNTY OF ORANGE) ss: JOSEPH E. RUYACK III, an attorney admitted to practice law before the Courts of the State of New York affirms the following under penalty of perjury: That I am the attorney of record for the Plaintiffs, in the within action; I have read the foregoing Summons and Complaint and know the contents thereof; the same is true to my knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters, I believe them to be true. The reason this verification is made by me and not by plaintiffs, is because they do not reside in the county where deponent maintains his office. Plaintiffs reside in Rockland County New York. The grounds of deponent's belief as to all matters contained therein are upon deponent's information and belief and communications with plaintiff and copies of plaintiff's records in deponent's legal file. Dated: 24, 20 I9 January Chester, New York J EP E. RUYACY 5 of 5