Preview
FILED: BRONX COUNTY CLERK 07/31/2020 01:08 PM INDEX NO. 28220/2020E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
-----------------
¬-----------------------------------------------X INDEX NO.:
MESHACH VALLADE and ABEDNEGO VALLADE,
FILING DATE:
Plaintiffs, SUMMONS
Plaintiffs Designate
-against- Bronx as the
County
Place of Trial
The Basis of Venue is
DANAURY FELIPE-NUNEZ, Plaintiffs Address
MERCHANT FUNDING SERVICERS CORP. and
CAMERON K. HANSON,
Defendant. Plaintiff resides at:
1967 Marmion Avenue,
Apartment B56,
Bronx, New York 10460
_________________________
____________________________-----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 complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff s within 20 days after the service of this summons,
Attorney
exclusive of 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.
Defendants address:
DANAURY FELIPE-NUNEZ MERCHANT FUNDING SERVICE CORP.
1770 MONTGOMERY AVENUE 34-46 38TH STREET
BRONX, NY 10453 LONG ISLAND CITY, NY 11101
CAMERON K. HANSON
3629 PALMER AVENUE
BRONX, NY 10466
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Dated: Melville, New York
July 29, 2020 Yours c.,
MICHAEL R. SORCE, ESQ.
BRAGOLI & ASSOCIATES, P.C.
Attorneys for Plaintiffs
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 BRONX
----------------------------------------------------------------------X Index No.:
MESHACH VALLADE and ABEDNEGO VALLADE,
Plaintiffs, Filing date:
VERIFIED
-against- COMPLAINT
DANAURY FELIPE-NUNEZ,
MERCHANT FUNDING SERVICERS CORP. and
CAMERON K. HANSON,
Defendant.
----------------- ------------------- -----------------------------X
PLAINTIFFS, by their attorneys, BRAGOLI & ASSOCIATES, P.C., complain of the
Defendant and allege, upon information and belief, the following:
AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF, MESHACH
VALLADE AGAINST DEFENDANT, DANAURY FELIPE-NUNEZ and MERCHANT
FUNDING SERVICERS CORP
1. That at all times hereinafter mentioned, Plaintiff, MESHACH VALLADE,
resided in the County of Bronx, State of New York.
2. That at all times hereinafter mentioned, Plaintiff, MESHACH VALLADE,
maintained a residence at 1967 Marmion Avenue, Apartment B56, Bronx, NY 10460.
3. That at all times hereinafter DANAURY FELIPE-
mentioned, Defendant,
NUNEZ, resided in the County of Bronx, State of New York.
4. That at all times hereinafter mentioned, Defendant, MERCHANT FUNDING
SERVICERS CORP., is a domestic limited liability company duly authorized and existing
under and by virtue of the laws of the State of New York.
5. That at all times hereinafter m=†ianed, Defendant, MERCHANT FUNDING
SERVICERS CORP., is a domestic limited liability company authorized to do business by
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virtue of the laws of the State of New York.
6. That at all times hereinafter mentioned, Defendant, MERCHANT FUNDING
SERVICERS CORP., is a foreign limited liability corporation authorized to do business by
virtue of the laws of the State of New York.
7. That at all times hereinafter mentioned, Defendant, MERCHANT FUNDING
SERVICERS CORP., was the registrant owner of a certain motor vehicle bearing New York
State License Plate Number T605981C.
8. That at all times hereinefter mentioned, Defendant, MERCHANT FUNDING
SERVICERS CORP., its agents, servants and/or employees had the duty and/or assumed the
duty to properly own, control, mañage, maln+=ln, operate, inspect, supervise and repair the
aforesaid motor vehicle bearing New York State License Plate Number T605981C.
9. That at all times hereinafter mentioned, Defendant, MERCHANT FUNDING
SERVICERS CORP., its agents, servants and/or employees breached their duty to properly
own, control, manage, -enten operate, iñspect, supervise and repair the aforesaid motor
vehicle bearing New York State License Plate Number T605981C.
10. That at all times hereinafter DANAURY FELIPE-
mentioned, Defendant,
NUNEZ, was operating a certain motor vehicle bearing New York State License Plate Number
T605981C.
11. That at all times hereinafter DANAURY FELIPE-
mentioned, Defendant,
NUNEZ, had the duty and/or assumed the duty to properly control, ==ge, maiñtain, operate,
inspect, supervise and repair the aforesaid motor vehicle bearing New York State License Plate
Number T605981C.
12. That at all times hereinafter DANAURY FELIPE-
mentioned, Defendant,
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NUNEZ, breached her duty to properly control, manage, supervise
maintain, operate, inspect,
and repair the aforesaid motor vehicle New York State License Plate Number
bearing
T605981C.
13. That at all times hereinafter mentioned, DANAURY FELIPE-
Defendant,
NUNEZ, was operating a certain motor vehicle New York State License Plate Number
bearing
T605981C, with the knowledge, permission and/or consent of Defendant, MERCHANT
FUNDING SERVICERS CORP., whether expressed or implied.
14. That on or about April 7, 2018, Plaintiff, MESHACH VALLADE, was a
passenger in a motor vehicle bearing New York State License Plate Number HXH6998, which
was owned and operated by Defendant, CAMERON K. HANSON.
15. That at all times hereinafter mentioned, East Tremont Avenue, at or near its
intersection with Carter Avenue, in the County of Bronx, State of New York, was and is a public
roadway in common usage.
16. That on or about April 7, 2018, the aforesaid motor vehicle owned by Defendant,
MERCHANT FUNDING SERVICERS CORP., and operated by Defendant, DANAURY
FELIPE-NUNEZ, was in ccñtact and collisicñ with the aforesaid motor vehicle which was
owned and operated CAMERON K. which ce=+ainad
by Defendant, HANSON, Plaintiff,
MESHACH VALLADE, as a passenger.
17. That on or about April 7, 2013, the aforesaid motor vehicle owned by Defendant,
MERCHANT FUNDING SERVICERS CORP., and operated by Defendant, DANAURY
FELIPE-NUNEZ, came into violent contact and collision with the motor vehicle which was
owned and operated by Defendant, CAMERON K. HANSON, which contained Plaintiff,
MESHACH VALLADE, as a passenger.
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18. That on or about April 7, 2018, the aforesaid motor vehicle owned by Defendant,
MERCHANT FUNDING SERVICERS CORP., and operated by Defendant, DANAURY
FELIPE-NUNEZ, came into violent contact and collision with the motor vehicle which was
owned and operated by Defendant, CAMERON K. HANSON, which contained Plaintiff,
MESHACH VALLADE, as a passenger, on East Tremont Avenue, at or near its intersection
with Carter Avenue, in the County of Bronx, State of New York.
19. That as a result of the foregoing, Plaintiff, MESHACH VALLADE, sustained
certain severe personal injuries.
20. That the aforesaid callision and the injuries sustained by Plaintiff, MESHACH
VALLADE, was esüsed solely by reason of the negHgence of the Defendants, and without any
negligence or fault on the part of the Plaintiff contributing thereto.
21. That Defendants, DANAURY FELIPE-NUNEZ and MERCHANT FUNDING
SERVICERS CORP., were reckless, careless and negligent in the ownership, operation,
management, maintenance, inspection, supervision, repair and control of their motor vehicle; in
failing to look, in failing to see, in failing to be observant of the surreeding circumst=_nces; in
operating the motor vehicle at a greater rate of speed than care and caution would permit under
the circumwances; 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 maintain 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
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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 regulations; and Defendets
were otherwise reckless, ñêgligent and careless in the ownership, operation, management,
maintenance, inspection, supervision, repair and control of the aforementioned motor vehicle.
22. That as a result of the foregoing, Plaintiff, MESHACH VALLADE, suffered a
serious injury as defined in Section 5102(d) of the Insurâñce Law of the State of New York.
23. That as a result of the foregoing, Plaintiff, MESHACH VALLADE, sustained
serious, severe and pemnent personal injuries and was rendered sick, sore, lame and disabled;
Plaintiff, MESHACH VALLADE, was caused to suffer great physical pain, discomfort and
disability and will continue to suffer pain, discomfort and disability in the future; Plaintiff,
MESHACH VALLADE, was caused to undergo medical care, aid and treatment, and may
continue to undergo medical care, aid and treatment for a long period of time to come in the
future; Plaintiff, MESHACH VALLADE, 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, MESHACH VALLADE, was further caused to become incapacitated 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.
24. That as a result of the foregoing, PlaintifE MESHACH VALLADE, has been
damaged in an amount which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction.
WHEREFORE, Plaintiff, MESHACH VALLADE, demands judgment against
Defendants, DANAURY FELIPE-NUNEZ and MERCHANT FUNDING SERVICERS
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CORP.; together with the costs and disbursements of this action.
AS AND FOR A SECOND CAUSE OF ACTION FOR PLAINTIFF, MESHACH
VALLADE, AGAINST DEFENDANT, CAMERON K. HANSON
25. Plaintiff, MESHACH VALLADE, repeats, reiterates and realleges each and
"l" "24"
every allegation contained in the paragraphs of the Complaint numbered through of this
Complaint with the same force and effect as if fully set out herein at length.
26. That at all times hereinafter mentioned, Defendant CAMERON K. HANSON,
resided in the County of Bronx, State of New York.
27. That at all times hereinafter mentioned, Defendant, CAMERON K. HANSON,
maintained a residence at 3629 Palmer Avenue, Bronx, New York 10466.
28. That at all times hereinafter mentioned, Defendant CAMERON K. HANSON,
was the registrant owner of a certain motor vehicle bearing New York State License Plate
Number HXH6998.
29. That at all times hereinafter mentioned, Defendant, CAMERON K. HANSON,
was operating a certain motor vehicle bearing New York State License Plate Number HXH6998.
30. That at all times hereinafter mentioned, Defendant, CAMERON K. HANSON,
had the duty and/or assumed the duty to properly own, control, manage, maintain, operate,
inspect, supervise and repair the aforesaid motor vehicle bearing plate number HXH6998.
31. That at all times hereinafter mentioned, Defendant, CAMERON K. HANSON,
breached his to own, control, manage, maintain, operate, inspect, supervise and
duty properly
repair the aforesaid motor vehicle bearing plate number HXH6998.
32. That at all times hereinafter mentioned, on East Tremont Avenue, at or near its
intersection with Carter Avenue, in the County of Bronx, State of New York, was and is a public
roadway in common usage.
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33. That Plaintiff, MESHACH VALLADE, was a passenger in a motor vehicle,
which was owned and operated by Defendant, CAMERON K. HANSON, and bearing New
York State License Plate Number HXH6998, on or about April 7, 2018.
34. That on or about April 7, 2018, the aforesaid motor vehicle which was owned and
operated by Defendant, CAMERON K. HANSON, and which cantained Plaintiff, MESHACH
VALLADE, as a passenger, came into coñtact and collision with a motor vehicle, which was
owned by Defendant MERCHANT FUNDING SERVICERS CORP. and operated by
Defendant, DANAURY FELIPE-NUNEZ.
35. That on or about April 7, 2018, the aforesaid motor vehicle which was owned and
operated by Defendant, CAMERON K. HANSON, and which contained Plaintiff, MESHACH
VALLADE, as a passenger, came into violent contact and collision with a motor vehicle, which
was owned by Defendant MERCHANT FUNDING SERVICERS CORP. and operated by
Defendant, DANAURY FELIPE-NUNEZ.
36. That on or about April 7, 2018, the aforesaid motor vehicle which was owned and
operated by Defendant, CAMERON K. HANSON, and which contained Plaintiff, MESHACH
VALLADE, as a passenger, came into violent contact and collision with a motor vehicle, which
was owned by Defendant MERCHANT FUNDING SERVICERS CORP. and operated by
Defendant, DANAURY FELIPE-NUNEZ, on East Tremont Avenue, at or near its intersection
with Carter Avenue, in the County of Bronx, State of New York.
37. That as a result of the MESHACH an•+ainad
foregoing, Plaintiff, VALLADE,
certain severe personal injuries.
38. That the aforesaid c#isian and the injuries sustained by Plaintiff, MESHACH
VALLADE, was caused solely by reason of the negligence of the Defendanta, and without any
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negligence or fault on the part of the Plaintiff thereto.
contributing
39. That Defendant, CAMERON K. HANSON, was 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 surroundiñg
circun=*ances; 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 roadwây; in failing to make prompt, proper and timely use
of the steering and braking mechañisms 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 maintain the braking and steering mechanisms
of the motor vehicle in proper adeqüâte condidon 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, ordiñañces and/or
regulations; and Defendant was otherwise reckless, negligent and careless in the operation,
ownership, management, maintenance, inspection, supervision, repair and control of the
aforementioned motor vehicle.
40. That as a result of the foregoing, Plaintiff, MESHACH VALLADE, suffered a
serious injury as defined in Section 5102(d) of the Iñsurance Law of the State ofNew
Preview
FILED: BRONX COUNTY CLERK 07/31/2020 01:08 PM INDEX NO. 28220/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------- ¬-----------------------------------------------X INDEX NO.: MESHACH VALLADE and ABEDNEGO VALLADE, FILING DATE: Plaintiffs, SUMMONS Plaintiffs Designate -against- Bronx as the County Place of Trial The Basis of Venue is DANAURY FELIPE-NUNEZ, Plaintiffs Address MERCHANT FUNDING SERVICERS CORP. and CAMERON K. HANSON, Defendant. Plaintiff resides at: 1967 Marmion Avenue, Apartment B56, Bronx, New York 10460 _________________________ ____________________________-----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 complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff s within 20 days after the service of this summons, Attorney exclusive of 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. Defendants address: DANAURY FELIPE-NUNEZ MERCHANT FUNDING SERVICE CORP. 1770 MONTGOMERY AVENUE 34-46 38TH STREET BRONX, NY 10453 LONG ISLAND CITY, NY 11101 CAMERON K. HANSON 3629 PALMER AVENUE BRONX, NY 10466 1 of 21 FILED: BRONX COUNTY CLERK 07/31/2020 01:08 PM INDEX NO. 28220/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2020 Dated: Melville, New York July 29, 2020 Yours c., MICHAEL R. SORCE, ESQ. BRAGOLI & ASSOCIATES, P.C. Attorneys for Plaintiffs 300 Broadhollow Road, Suite 100W Melville, New York 11747 (631) 423-7755 2 of 21 FILED: BRONX COUNTY CLERK 07/31/2020 01:08 PM INDEX NO. 28220/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------X Index No.: MESHACH VALLADE and ABEDNEGO VALLADE, Plaintiffs, Filing date: VERIFIED -against- COMPLAINT DANAURY FELIPE-NUNEZ, MERCHANT FUNDING SERVICERS CORP. and CAMERON K. HANSON, Defendant. ----------------- ------------------- -----------------------------X PLAINTIFFS, by their attorneys, BRAGOLI & ASSOCIATES, P.C., complain of the Defendant and allege, upon information and belief, the following: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF, MESHACH VALLADE AGAINST DEFENDANT, DANAURY FELIPE-NUNEZ and MERCHANT FUNDING SERVICERS CORP 1. That at all times hereinafter mentioned, Plaintiff, MESHACH VALLADE, resided in the County of Bronx, State of New York. 2. That at all times hereinafter mentioned, Plaintiff, MESHACH VALLADE, maintained a residence at 1967 Marmion Avenue, Apartment B56, Bronx, NY 10460. 3. That at all times hereinafter DANAURY FELIPE- mentioned, Defendant, NUNEZ, resided in the County of Bronx, State of New York. 4. That at all times hereinafter mentioned, Defendant, MERCHANT FUNDING SERVICERS CORP., is a domestic limited liability company duly authorized and existing under and by virtue of the laws of the State of New York. 5. That at all times hereinafter m=†ianed, Defendant, MERCHANT FUNDING SERVICERS CORP., is a domestic limited liability company authorized to do business by 3 of 21 FILED: BRONX COUNTY CLERK 07/31/2020 01:08 PM INDEX NO. 28220/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2020 virtue of the laws of the State of New York. 6. That at all times hereinafter mentioned, Defendant, MERCHANT FUNDING SERVICERS CORP., is a foreign limited liability corporation authorized to do business by virtue of the laws of the State of New York. 7. That at all times hereinafter mentioned, Defendant, MERCHANT FUNDING SERVICERS CORP., was the registrant owner of a certain motor vehicle bearing New York State License Plate Number T605981C. 8. That at all times hereinefter mentioned, Defendant, MERCHANT FUNDING SERVICERS CORP., its agents, servants and/or employees had the duty and/or assumed the duty to properly own, control, mañage, maln+=ln, operate, inspect, supervise and repair the aforesaid motor vehicle bearing New York State License Plate Number T605981C. 9. That at all times hereinafter mentioned, Defendant, MERCHANT FUNDING SERVICERS CORP., its agents, servants and/or employees breached their duty to properly own, control, manage, -enten operate, iñspect, supervise and repair the aforesaid motor vehicle bearing New York State License Plate Number T605981C. 10. That at all times hereinafter DANAURY FELIPE- mentioned, Defendant, NUNEZ, was operating a certain motor vehicle bearing New York State License Plate Number T605981C. 11. That at all times hereinafter DANAURY FELIPE- mentioned, Defendant, NUNEZ, had the duty and/or assumed the duty to properly control, ==ge, maiñtain, operate, inspect, supervise and repair the aforesaid motor vehicle bearing New York State License Plate Number T605981C. 12. That at all times hereinafter DANAURY FELIPE- mentioned, Defendant, 4 of 21 FILED: BRONX COUNTY CLERK 07/31/2020 01:08 PM INDEX NO. 28220/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2020 NUNEZ, breached her duty to properly control, manage, supervise maintain, operate, inspect, and repair the aforesaid motor vehicle New York State License Plate Number bearing T605981C. 13. That at all times hereinafter mentioned, DANAURY FELIPE- Defendant, NUNEZ, was operating a certain motor vehicle New York State License Plate Number bearing T605981C, with the knowledge, permission and/or consent of Defendant, MERCHANT FUNDING SERVICERS CORP., whether expressed or implied. 14. That on or about April 7, 2018, Plaintiff, MESHACH VALLADE, was a passenger in a motor vehicle bearing New York State License Plate Number HXH6998, which was owned and operated by Defendant, CAMERON K. HANSON. 15. That at all times hereinafter mentioned, East Tremont Avenue, at or near its intersection with Carter Avenue, in the County of Bronx, State of New York, was and is a public roadway in common usage. 16. That on or about April 7, 2018, the aforesaid motor vehicle owned by Defendant, MERCHANT FUNDING SERVICERS CORP., and operated by Defendant, DANAURY FELIPE-NUNEZ, was in ccñtact and collisicñ with the aforesaid motor vehicle which was owned and operated CAMERON K. which ce=+ainad by Defendant, HANSON, Plaintiff, MESHACH VALLADE, as a passenger. 17. That on or about April 7, 2013, the aforesaid motor vehicle owned by Defendant, MERCHANT FUNDING SERVICERS CORP., and operated by Defendant, DANAURY FELIPE-NUNEZ, came into violent contact and collision with the motor vehicle which was owned and operated by Defendant, CAMERON K. HANSON, which contained Plaintiff, MESHACH VALLADE, as a passenger. 5 of 21 FILED: BRONX COUNTY CLERK 07/31/2020 01:08 PM INDEX NO. 28220/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2020 18. That on or about April 7, 2018, the aforesaid motor vehicle owned by Defendant, MERCHANT FUNDING SERVICERS CORP., and operated by Defendant, DANAURY FELIPE-NUNEZ, came into violent contact and collision with the motor vehicle which was owned and operated by Defendant, CAMERON K. HANSON, which contained Plaintiff, MESHACH VALLADE, as a passenger, on East Tremont Avenue, at or near its intersection with Carter Avenue, in the County of Bronx, State of New York. 19. That as a result of the foregoing, Plaintiff, MESHACH VALLADE, sustained certain severe personal injuries. 20. That the aforesaid callision and the injuries sustained by Plaintiff, MESHACH VALLADE, was esüsed solely by reason of the negHgence of the Defendants, and without any negligence or fault on the part of the Plaintiff contributing thereto. 21. That Defendants, DANAURY FELIPE-NUNEZ and MERCHANT FUNDING SERVICERS CORP., were reckless, careless and negligent in the ownership, operation, management, maintenance, inspection, supervision, repair and control of their motor vehicle; in failing to look, in failing to see, in failing to be observant of the surreeding circumst=_nces; in operating the motor vehicle at a greater rate of speed than care and caution would permit under the circumwances; 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 maintain 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 6 of 21 FILED: BRONX COUNTY CLERK 07/31/2020 01:08 PM INDEX NO. 28220/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2020 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 regulations; and Defendets were otherwise reckless, ñêgligent and careless in the ownership, operation, management, maintenance, inspection, supervision, repair and control of the aforementioned motor vehicle. 22. That as a result of the foregoing, Plaintiff, MESHACH VALLADE, suffered a serious injury as defined in Section 5102(d) of the Insurâñce Law of the State of New York. 23. That as a result of the foregoing, Plaintiff, MESHACH VALLADE, sustained serious, severe and pemnent personal injuries and was rendered sick, sore, lame and disabled; Plaintiff, MESHACH VALLADE, was caused to suffer great physical pain, discomfort and disability and will continue to suffer pain, discomfort and disability in the future; Plaintiff, MESHACH VALLADE, was caused to undergo medical care, aid and treatment, and may continue to undergo medical care, aid and treatment for a long period of time to come in the future; Plaintiff, MESHACH VALLADE, 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, MESHACH VALLADE, was further caused to become incapacitated 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. 24. That as a result of the foregoing, PlaintifE MESHACH VALLADE, has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff, MESHACH VALLADE, demands judgment against Defendants, DANAURY FELIPE-NUNEZ and MERCHANT FUNDING SERVICERS 7 of 21 FILED: BRONX COUNTY CLERK 07/31/2020 01:08 PM INDEX NO. 28220/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2020 CORP.; together with the costs and disbursements of this action. AS AND FOR A SECOND CAUSE OF ACTION FOR PLAINTIFF, MESHACH VALLADE, AGAINST DEFENDANT, CAMERON K. HANSON 25. Plaintiff, MESHACH VALLADE, repeats, reiterates and realleges each and "l" "24" every allegation contained in the paragraphs of the Complaint numbered through of this Complaint with the same force and effect as if fully set out herein at length. 26. That at all times hereinafter mentioned, Defendant CAMERON K. HANSON, resided in the County of Bronx, State of New York. 27. That at all times hereinafter mentioned, Defendant, CAMERON K. HANSON, maintained a residence at 3629 Palmer Avenue, Bronx, New York 10466. 28. That at all times hereinafter mentioned, Defendant CAMERON K. HANSON, was the registrant owner of a certain motor vehicle bearing New York State License Plate Number HXH6998. 29. That at all times hereinafter mentioned, Defendant, CAMERON K. HANSON, was operating a certain motor vehicle bearing New York State License Plate Number HXH6998. 30. That at all times hereinafter mentioned, Defendant, CAMERON K. HANSON, had the duty and/or assumed the duty to properly own, control, manage, maintain, operate, inspect, supervise and repair the aforesaid motor vehicle bearing plate number HXH6998. 31. That at all times hereinafter mentioned, Defendant, CAMERON K. HANSON, breached his to own, control, manage, maintain, operate, inspect, supervise and duty properly repair the aforesaid motor vehicle bearing plate number HXH6998. 32. That at all times hereinafter mentioned, on East Tremont Avenue, at or near its intersection with Carter Avenue, in the County of Bronx, State of New York, was and is a public roadway in common usage. 8 of 21 FILED: BRONX COUNTY CLERK 07/31/2020 01:08 PM INDEX NO. 28220/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2020 33. That Plaintiff, MESHACH VALLADE, was a passenger in a motor vehicle, which was owned and operated by Defendant, CAMERON K. HANSON, and bearing New York State License Plate Number HXH6998, on or about April 7, 2018. 34. That on or about April 7, 2018, the aforesaid motor vehicle which was owned and operated by Defendant, CAMERON K. HANSON, and which cantained Plaintiff, MESHACH VALLADE, as a passenger, came into coñtact and collision with a motor vehicle, which was owned by Defendant MERCHANT FUNDING SERVICERS CORP. and operated by Defendant, DANAURY FELIPE-NUNEZ. 35. That on or about April 7, 2018, the aforesaid motor vehicle which was owned and operated by Defendant, CAMERON K. HANSON, and which contained Plaintiff, MESHACH VALLADE, as a passenger, came into violent contact and collision with a motor vehicle, which was owned by Defendant MERCHANT FUNDING SERVICERS CORP. and operated by Defendant, DANAURY FELIPE-NUNEZ. 36. That on or about April 7, 2018, the aforesaid motor vehicle which was owned and operated by Defendant, CAMERON K. HANSON, and which contained Plaintiff, MESHACH VALLADE, as a passenger, came into violent contact and collision with a motor vehicle, which was owned by Defendant MERCHANT FUNDING SERVICERS CORP. and operated by Defendant, DANAURY FELIPE-NUNEZ, on East Tremont Avenue, at or near its intersection with Carter Avenue, in the County of Bronx, State of New York. 37. That as a result of the MESHACH an•+ainad foregoing, Plaintiff, VALLADE, certain severe personal injuries. 38. That the aforesaid c#isian and the injuries sustained by Plaintiff, MESHACH VALLADE, was caused solely by reason of the negligence of the Defendanta, and without any 9 of 21 FILED: BRONX COUNTY CLERK 07/31/2020 01:08 PM INDEX NO. 28220/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2020 negligence or fault on the part of the Plaintiff thereto. contributing 39. That Defendant, CAMERON K. HANSON, was 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 surroundiñg circun=*ances; 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 roadwây; in failing to make prompt, proper and timely use of the steering and braking mechañisms 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 maintain the braking and steering mechanisms of the motor vehicle in proper adeqüâte condidon 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, ordiñañces and/or regulations; and Defendant was otherwise reckless, negligent and careless in the operation, ownership, management, maintenance, inspection, supervision, repair and control of the aforementioned motor vehicle. 40. That as a result of the foregoing, Plaintiff, MESHACH VALLADE, suffered a serious injury as defined in Section 5102(d) of the Iñsurance Law of the State ofNew