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(FILED: ROCKLAND COUNTY CLERK 1272472015 12:20 PM INDEX NO. 035382/2015
NYSCEF DOC. NO. 1 RECEIVED NYSCEF 12/24/2015
SUPREME COURT OF THE ST, ‘ATE
OF NEW YORK
COUNTY OF ROCKLAND
JEFFREY THOMAS,
Index No:
Plaintiff,
- against - SUMMONS
NELSON VIVAR-CAMPOVERDE and
NOE *
MAISONNUEVE,
Defendants,
To the above named defendants:
YOU ARE HEREBY SUMMONED
to answer in this action and to serve a copy
your answer, or, if the complaint is of
not serve d with this summons, to serve
appearance, on the plaintiff(s)’ attorney a notice of
s within 20 days after the service of this
exclusive of the day of service (01 r within summons,
not 30 days after the service is complete if this summonei
P nally-delivered-to-you within the State
of New York); and in case of your failure
appear or answer, judgment will be taken to
against you by default for the relief dema
complaint, nded in the
Plaintiff designates Rockland County
as the place of trial,
The basis of the venue is plaintiff's resi
dence,
Plaintiff resides at 4 Merrick Lane, Spri
ng Valley, New York, County of Rockland
.
Dated: December 18, 2015
OKUN, ODDO & BABAT, P.C,
Attorneys for Plaintiff
8 West 38th Street, Suite 1002
New York, New York 10018
(212) 642-0950
File: 10460
Defendants’ addresses:
NELSON VIVAR-CAMPOVERDE: 16 Springbrook Road, Nanuet, New York
10954
NOE MAISONNUEVE: 16 Springbrook Road, Nanuet, New York
10954
SUPREME COURT OF THE STATE
OF NEW YORK
COUNTY OF ROCKLAND
JEFFREY THOMAS,
Index No:
Plaintiff
- against - v. ———
ERIFIE
_—_DSEN
COM
M PLA INT
LAI NIE
NELSON VIVAR-CAMPOVERDE and
NOE
MAISONNUEVE,
Defendants.
Plaintiff, JEFFREY THOMAS, by his atto
rneys, OKUN, ODDO & BABAT, P.C.,
as and
for his Complaint, respectfully alleges,
upon information and belief
1 The plaintiff, JEFFREY THOMAS,
at all times herein mentioned was and
still is
sident-of the County of Rockland and
the State of New York
2 The defendant, NELSON VIVAR-
CAMPOVERDE, at all times herein mentioned
was and still is a resident of the County
of Rockland and the State of New York
.
3 The defendant, NOE MAISONNUE
VE, at all times herein mentioned was
and
still is a resident of the County of Roc
kland and the State of New York.
4 On or about December 20, 2014, Jean Denis owned a certain 1998 Lexus,
bearing license plate number NJ
P9SEVE,
5 On or about December 20, 2014,
Jean Denis was the operator of a
certain 1998
Lexus, bearing license plate number
NJ P9SEVE,
6, On or about December 20, 2014, plain
tiff, JEFFREY THOMAS, was a pas
senger
of a certain 1998 Lexus, bearing
license plate number NJ P9SEVE,
7. On or about December 20, 2014,
defendant, NOE MAISONNUEVE, was the
registered owner of a certain 1997 Hon
da, bearing license plate number NYS
GTC8101,
8 On or about December 20, 2014, defe
ndant, NOE MAISONNUEVE, was the
titled owner of a certain 1997 Honda, bear
ing license plate number NYS GTC8101.
9 On or about December 20, 2014, defendant, NOE MAISONNUEVE, mai
ntained
a certain 1997 Honda, bearing license plate
number NYS GTC8101,
10. On or about December 20, 2014, defe
ndant, NOE MAISONNUEVE, cont
rolled a
certain 1997 Honda, bearing license
plate number NYS GTC8101.
11, On or about December 20, 2014, defendan
t, NELSON VIVAR-CAMPOVERDE,
was the operator of a certain 1997
Honda, bearing license plate number NYS
GTC8101.
12. On or about December 20, 2014, defendan
t, NELSON VIVAR-CAMPOVERDE,
was the operator of a certain 1997 Honda,
bearing license plate number NYS GTC810
1, with the
press permission and/or consent of the
defendant “owner, NOE MAISONNUEVE,
13, On or about December 20, 2014 , the vehicle operated by the defe
ndant, NOE
MAISONNUEVE, came in contact with
the vehicle in which the plaintiff, JEFFRE
Y THOMAS,
was a passenger, on North Pascack
Road, Hillcrest, New York.
14, Solely as a result of the defendant's negligen
ce, carelessness and recklessness, the
plaintiff, JEFFREY THOMAS, was caus
ed to suffer severe and serious personal
injuries to mind
and body, and was subjected to great phys
ical pain and mental anguish,
15. The aforesaid occurrence was caused by the negligence of the defendants,
without any culpable conduct on the
part of the plaintiff,
16, As a result of the foregoing, the plaintiff,
JEFFREY THOMAS, sustained serious
personal injuries as defined in Section
5102(d) of the Insurance Law of the Stat
e of New York,
and/or economic loss greater than basi
c economic loss as defined in Section
5102(a) of the
Insurance Law of the State of New York.
17. This action falls within one or more of the exem
ptions set forth in Section 1602
of the Civil Practice Law and Rules,
18, Due to defendant's negligence, plaintiff, JEFFREY THOMAS, is entitled to
damages in an amount exceeding the monetary
jurisdictional limits of all lower Courts which
would otherwise have jurisdiction over this matt
er,
WHEREFORE, the plaintiff demands judgment awarding damages, , in an amount
exceeding the monetary jurisdictional Himits
of.all lower Courts which would otherwise have
jurisdiction over this matter, together with
interest, costs and disbursements of this actio
n, and
such other and further relief as this Court
deems just and proper.
Dated: New York, New York
December 18, 2015 OKUN, ODDO & BABAT, P.C.
By
Adam D. Pold, Esq.
Attorneys for Plaintiff
8 West 38th Street, Suite 1002
New York, New York 10018
(212) 642-0950
File: 10460
SUPREME COURT OF THE ST, ATE
OF NEW YORK
COUNTY OF ROCKLAND
JEFFREY THOMAS,
Index No:
Plaintiff,
~ against - VERIFICATION
NELSON VIVAR-CAMPOVERDE
and NOE
MAISONNUEVE,
Defendants.
STATE OF NEW YORK
COUNTY OF NEW YORK
)
) ss:
The undersi; gned, an attorney admitted to pra
hereby affirms und ler the penalties of tice in the Courts of the State of New
perjury as foll ‘OWS: York,
That -affirmant is the attorney for the
plaintiff in the within action; that affirman
the fore, going COMPLAINT and knows t has read
the contents thereof: 3 that the same is
knowledge, except th @ matters stat true to affirmant’s
ed to be alleged on inf ‘ormation and
matters affirmant beli eves to be true. belief, and that those
The reason this veri fication is ma ide
by the plaintiff is that thep laintiff does by affirmant and not
not reside in the County in whic! +h affi
office, The grounds of belief as to rmant maintains an
all matters not stated upon affi rman
documents, correspondent ice an t’s knowledge are
d records maintained in affirmant’ 8
conferences had with the plainti iff. files and conversations and
Dated: New York, New York
December 18, 2015
AD. D. POLO
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Preview
(FILED: ROCKLAND COUNTY CLERK 1272472015 12:20 PM INDEX NO. 035382/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF 12/24/2015 SUPREME COURT OF THE ST, ‘ATE OF NEW YORK COUNTY OF ROCKLAND JEFFREY THOMAS, Index No: Plaintiff, - against - SUMMONS NELSON VIVAR-CAMPOVERDE and NOE * MAISONNUEVE, Defendants, To the above named defendants: YOU ARE HEREBY SUMMONED to answer in this action and to serve a copy your answer, or, if the complaint is of not serve d with this summons, to serve appearance, on the plaintiff(s)’ attorney a notice of s within 20 days after the service of this exclusive of the day of service (01 r within summons, not 30 days after the service is complete if this summonei P nally-delivered-to-you within the State of New York); and in case of your failure appear or answer, judgment will be taken to against you by default for the relief dema complaint, nded in the Plaintiff designates Rockland County as the place of trial, The basis of the venue is plaintiff's resi dence, Plaintiff resides at 4 Merrick Lane, Spri ng Valley, New York, County of Rockland . Dated: December 18, 2015 OKUN, ODDO & BABAT, P.C, Attorneys for Plaintiff 8 West 38th Street, Suite 1002 New York, New York 10018 (212) 642-0950 File: 10460 Defendants’ addresses: NELSON VIVAR-CAMPOVERDE: 16 Springbrook Road, Nanuet, New York 10954 NOE MAISONNUEVE: 16 Springbrook Road, Nanuet, New York 10954 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND JEFFREY THOMAS, Index No: Plaintiff - against - v. ——— ERIFIE _—_DSEN COM M PLA INT LAI NIE NELSON VIVAR-CAMPOVERDE and NOE MAISONNUEVE, Defendants. Plaintiff, JEFFREY THOMAS, by his atto rneys, OKUN, ODDO & BABAT, P.C., as and for his Complaint, respectfully alleges, upon information and belief 1 The plaintiff, JEFFREY THOMAS, at all times herein mentioned was and still is sident-of the County of Rockland and the State of New York 2 The defendant, NELSON VIVAR- CAMPOVERDE, at all times herein mentioned was and still is a resident of the County of Rockland and the State of New York . 3 The defendant, NOE MAISONNUE VE, at all times herein mentioned was and still is a resident of the County of Roc kland and the State of New York. 4 On or about December 20, 2014, Jean Denis owned a certain 1998 Lexus, bearing license plate number NJ P9SEVE, 5 On or about December 20, 2014, Jean Denis was the operator of a certain 1998 Lexus, bearing license plate number NJ P9SEVE, 6, On or about December 20, 2014, plain tiff, JEFFREY THOMAS, was a pas senger of a certain 1998 Lexus, bearing license plate number NJ P9SEVE, 7. On or about December 20, 2014, defendant, NOE MAISONNUEVE, was the registered owner of a certain 1997 Hon da, bearing license plate number NYS GTC8101, 8 On or about December 20, 2014, defe ndant, NOE MAISONNUEVE, was the titled owner of a certain 1997 Honda, bear ing license plate number NYS GTC8101. 9 On or about December 20, 2014, defendant, NOE MAISONNUEVE, mai ntained a certain 1997 Honda, bearing license plate number NYS GTC8101, 10. On or about December 20, 2014, defe ndant, NOE MAISONNUEVE, cont rolled a certain 1997 Honda, bearing license plate number NYS GTC8101. 11, On or about December 20, 2014, defendan t, NELSON VIVAR-CAMPOVERDE, was the operator of a certain 1997 Honda, bearing license plate number NYS GTC8101. 12. On or about December 20, 2014, defendan t, NELSON VIVAR-CAMPOVERDE, was the operator of a certain 1997 Honda, bearing license plate number NYS GTC810 1, with the press permission and/or consent of the defendant “owner, NOE MAISONNUEVE, 13, On or about December 20, 2014 , the vehicle operated by the defe ndant, NOE MAISONNUEVE, came in contact with the vehicle in which the plaintiff, JEFFRE Y THOMAS, was a passenger, on North Pascack Road, Hillcrest, New York. 14, Solely as a result of the defendant's negligen ce, carelessness and recklessness, the plaintiff, JEFFREY THOMAS, was caus ed to suffer severe and serious personal injuries to mind and body, and was subjected to great phys ical pain and mental anguish, 15. The aforesaid occurrence was caused by the negligence of the defendants, without any culpable conduct on the part of the plaintiff, 16, As a result of the foregoing, the plaintiff, JEFFREY THOMAS, sustained serious personal injuries as defined in Section 5102(d) of the Insurance Law of the Stat e of New York, and/or economic loss greater than basi c economic loss as defined in Section 5102(a) of the Insurance Law of the State of New York. 17. This action falls within one or more of the exem ptions set forth in Section 1602 of the Civil Practice Law and Rules, 18, Due to defendant's negligence, plaintiff, JEFFREY THOMAS, is entitled to damages in an amount exceeding the monetary jurisdictional limits of all lower Courts which would otherwise have jurisdiction over this matt er, WHEREFORE, the plaintiff demands judgment awarding damages, , in an amount exceeding the monetary jurisdictional Himits of.all lower Courts which would otherwise have jurisdiction over this matter, together with interest, costs and disbursements of this actio n, and such other and further relief as this Court deems just and proper. Dated: New York, New York December 18, 2015 OKUN, ODDO & BABAT, P.C. By Adam D. Pold, Esq. Attorneys for Plaintiff 8 West 38th Street, Suite 1002 New York, New York 10018 (212) 642-0950 File: 10460 SUPREME COURT OF THE ST, ATE OF NEW YORK COUNTY OF ROCKLAND JEFFREY THOMAS, Index No: Plaintiff, ~ against - VERIFICATION NELSON VIVAR-CAMPOVERDE and NOE MAISONNUEVE, Defendants. STATE OF NEW YORK COUNTY OF NEW YORK ) ) ss: The undersi; gned, an attorney admitted to pra hereby affirms und ler the penalties of tice in the Courts of the State of New perjury as foll ‘OWS: York, That -affirmant is the attorney for the plaintiff in the within action; that affirman the fore, going COMPLAINT and knows t has read the contents thereof: 3 that the same is knowledge, except th @ matters stat true to affirmant’s ed to be alleged on inf ‘ormation and matters affirmant beli eves to be true. belief, and that those The reason this veri fication is ma ide by the plaintiff is that thep laintiff does by affirmant and not not reside in the County in whic! +h affi office, The grounds of belief as to rmant maintains an all matters not stated upon affi rman documents, correspondent ice an t’s knowledge are d records maintained in affirmant’ 8 conferences had with the plainti iff. files and conversations and Dated: New York, New York December 18, 2015 AD. D. POLO ay ow Eee cs zs = sé N*o oo 8 S ® > A2F zo RS Sw Os o> eo O€& Owen Oke 30 zt ox Ow oc 2: 32 uw O oz Zz eZ Os aD J Ww 2O iO HO Zz