Preview
INDEX NO. 705274/2013
(FILED: QUEENS COUNTY CLERK 11/14/2013)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/14/2013
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF QUEENS Date Purchased:
meee ee en nr tenement
ttn SUMMONS
LUZ GREGORY, LAURA MOLINA, AND VANESSA
MOLINA, AN INFANT BY HER M/N/G, LUZ, Plaintiffs designate Queens
GREGORY, County as the place of trial.
Plaintiffs), The basis of venue is:
Residence of Plaintiffs
-against-
Plaintiffs reside at:
150-07 14" Road
JAMES T. POWER, DANNY O’BRIAN, ROCKMILLS Whitestone, NY 11357
STEEL PRODUCTS CORP., AND MANUEL E. MOLINA
County of Queens
Defendant(s).
a pane X
To the above named 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 this summons, to serve a notice of
appearance on the Plaintiffs’ attorneys within twenty days after the service of this summons,
exclusive of the day of service, where service is made by delivery upon you personally within the
state, or, within 30 days after completion of service where service is made in any other manner.
In case of your failure to appear or answer, judgment will be taken against you by default for the
relief demanded in the complaint.
Zoe
Dated: New York, New York
November 14, 2013
x
MicHSEL
MC GOLDBERG
Law Offices of Michael M. Goldberg, P.C.
Attorneys for Plaintiffs)
LUZ GREGORY, et al
31 East 32™ Street, 4" Floor
New York, New York 10016
(212) 481-0011
Our File No. 10-1224
TO!
JAMES T. POWER
59-12 54" Street
Maspeth, NY 11378
DANNY O’BRIAN
59-12 54” Street
Maspeth, NY 11378
ROCKMILLS STEEL PRODUCTS CORP
59-12 54" Street
Maspeth, NY 11378
MANUEL E. MOLINA
150-07 14" Road
Whitestone, NY 11357
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
wonerc teen cere nennnnneneneeneceeonrontesentenonnenentermensenneensX VERIFIED COMPLAINT
LUZ GREGORY, LAURA MOLINA, AND VANESSA
MOLINA, AN INFANT BY HER M/N/G, LUZ Index No.:
GREGORY, Date Purchased:
Plaintifi(s),
-against-
JAMES T. POWER, DANNY O’BRIAN, ROCKMILLS
STEEL PRODUCTS CORP., AND MANUEL E. MOLINA
Defendant(s).
peewee eee em enen en nena nnn nents -X
Plaintiffs, by their attorneys, LAW OFFICES OF MICHAEL M. GOLDBERG, P.C.,
complaining of the Defendants, respectfully allege, upon information and belief:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF LUZ GREGORY
1 At all times herein mentioned, Plaintiffs were, and still are, residents of the
County of Queens, State of New York.
2 At all times herein mentioned, Defendant ROCKMILLS STEEL PRODUCTS
CORP. was, and still is, a domestic business corporation with its primary place of business in the
County of Queens, State of New York.
3 At all times herein mentioned, Defendant, JAMES T. POWER, has a current
place of employment in the County of Queens, State of New York.
4. At all times herein mentioned, Defendant, DANNY O’BRIAN, has a current
place of employment in the County of Queens, State of New York.
5 At all times herein mentioned, Defendant MANUEL E. MOLINA was, and still
is, a resident of the County of Queens, State of New York.
6 Atall times herein mentioned, Defendant ROCKMILLS STEEL PRODUCTS
CORP. was the owner of a 2005 Nissan motor vehicle bearing New York State registration
number DMK1158.
7 At all times herein mentioned, Defendant JAMES T. POWER operated the
aforesaid motor vehicle bearing New York State registration number DMK1158.
8 Atall times herein mentioned, Defendant DANNY O’BRIAN operated the
aforesaid motor vehicle bearing New York State registration number DMK1158.
9 Atall times herein mentioned, Defendant JAMES T. POWER operated the
aforesaid motor vehicle with the knowledge of Defendant ROCKMILLS STEEL PRODUCTS
CORP..
10. Atall times herein mentioned, Defendant DANNY O’ BRIAN operated the
aforesaid motor vehicle with the knowledge of Defendant ROCKMILLS STEEL PRODUCTS
CORP..
il. At all times herein mentioned, Defendant JAMES T. POWER operated the
aforesaid motor vehicle with the permission of Defendant ROCKMILLS STEEL PRODUCTS
CORP..
12. Atall times herein mentioned, Defendant DANNY O’BRIAN operated the
aforesaid motor vehicle with the permission of Defendant ROCKMILLS STEEL PRODUCTS
CORP..
13. At all times herein mentioned, Defendant JAMES T. POWER operated the
aforesaid motor vehicle with the consent of Defendant ROCKMILLS STEEL PRODUCTS
CORP..
14. At all times herein mentioned, Defendant DANNY O’BRIAN operated the
aforesaid motor vehicle with the consent of Defendant ROCKMILLS STEEL PRODUCTS
CORP..
15. At all times herein mentioned, Defendant ROCKMILLS STEEL PRODUCTS
CORP. managed the aforesaid motor vehicle.
16. At all times herein mentioned, Defendant JAMES T. POWER managed the
aforesaid motor vehicle.
17. Atall times herein mentioned, Defendant DANNY O’ BRIAN managed the
aforesaid motor vehicle.
18. At all times herein mentioned, Defendant ROCKMILLS STEEL PRODUCTS
CORP. controlled the aforesaid motor vehicle.
19, Atall times herein mentioned, Defendant JAMES T. POWER controlled the
aforesaid motor vehicle.
20. Atall times herein mentioned, Defendant DANNY O’BRIAN controlled the
aforesaid motor vehicle.
21. At all times herein mentioned, Defendant MANUEL E. MOLINA was the owner
of a 2003 Ford motor vehicle bearing New York State registration number DGK7285.
22, Atall times herein mentioned, Defendant MANUEL E. MOLINA operated a
2003 Ford motor vehicle bearing New York State registration number DGK7285.
23. At all times herein mentioned, Defendant MANUEL E. MOLINA managed the
aforesaid motor vehicle.
24, At all times herein mentioned, Defendant MANUEL E. MOLINA controlled the
aforesaid motor vehicle.
25. Atall times herein mentioned, Plaintiff LUZ GREGORY was a passenger in the
vehicle owned and operated by Defendant MANUEL E. MOLINA.
26. Atall times herein mentioned, 20" Avenue at or near its intersection with
Whitestone Expressway Service Road, County of Queens, State of New York, were public
roadways and/or thoroughfares.
27. That on the November 19, 2019, at the aforementioned location, the
aforementioned motor vehicles were involved in a collision.
3
28. That as a result of the aforesaid contact, Plaintiff LUZ GREGORY was injured.
29. That the aforesaid occurrence was caused wholly and solely by reason of the
negligence of the Defendants without any fault or negligence on the part of the Plaintiff
contributing thereto.
30. That Defendants were negligent, careless and reckless in the ownership, operation,
management, maintenance, supervision, use and control of the aforesaid vehicle and the
and
Defendants were otherwise negligent, careless and reckless under the circumstances then
there prevailing.
3h. That by reason of the foregoing, Plaintiff LUZ GREGORY sustained severe and
permanent personal injuries; and Plaintiff LUZ GREGORY was otherwise damaged.
32. That Plaintiff LUZ GREGORY sustained serious injuries as defined by §5102(d)
of the Insurance Law of the State of New York.
33. ‘That Plaintiff LUZ GREGORY 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.
34, That Plaintiff LUZ GREGORY is not seeking to recover any damages for which
plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance is
obligated to reimburse plaintiff. Plaintiffis secking to recover only those damages not
recoverable through no-fault insurance under the facts and circumstances in this action.
35, That this action falls within one or more of the exceptions set forth in CPLR
§1602.
36. That by Reason of the Foregoing, Plaintiff LUZ GREGORY has been damaged
in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF LAURA MOLINA
37. Plaintiff LAURA MOLINA repeats, reiterates and realleges each and every
allegation contained in the First Cause of Action with the same force and effect as though set
forth herein at length.
38. Atall times herein mentioned, Plaintiff LAURA MOLINA was a passenger in
the 2003 Ford motor vehicle bearing owned and operated by Defendant MANUEL E. MOLINA
bearing New York State registration number DGK7285.
39. That as a result of the aforesaid contact, Plaintiff LAURA MOLINA was also
injured.
40. 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.
41. That Defendant was negligent, careless and reckless in the ownership, operation,
management, maintenance, supervision, use and control of the aforesaid vehicle and the
Defendant was otherwise negligent, careless and reckless under the circumstances then and there
prevailing.
42. That by reason of the foregoing, Plaintiff LAURA MOLINA sustained severe
and permanent personal injuries; and Plaintiff LAURA MOLINA was otherwise damaged.
43. That Plaintiff LAURA MOLINA sustained serious injuries as defined by
§5102(d) of the Insurance Law of the State of New York.
44. That Plaintiff LAURA MOLINA 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.
45. That Plaintiff LAURA MOLINA is not secking to recover any damages for
which plaintiff has 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 herein.
46. That this action falls within one or more of the exceptions set forth in CPLR.
§1602.
47. That by reason of the foregoing, Plaintiff LAURA MOLINA has been damaged
jn a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION
ON BEHALF OF VANESSA MOLINA, AN INFANT BY HER M/N/G
LUZ GREGORY
48. Plaintiff VANESSA MOLINA, AN INFANT BY HER M/N/G, LUZ
GREGORY, repeats, reiterates and realleges each and every allegation contained in the First
Cause of Action with the same force and effect as though set forth herein at length.
49. At all times herein mentioned, Plaintiff VANESSA MOLINA, AN INFANT BY
HER M/N/G, LUZ GREGORY was a passenger in the 2003 Ford motor vehicle bearing owned
and operated by Defendant MANUEL E. MOLINA bearing New York State registration
number DGK7285.
50. That as a result of the aforesaid contact, Plaintiff VANESSA MOLINA, AN
INFANT BY HER M/N/G, LUZ GREGORY was also injured.
51. 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.
52. That Defendant was negligent, careless and reckless in the ownership, operation,
management, maintenance, supervision, use and control of the aforesaid vehicle and the
Defendant was otherwise negligent, careless and reckless under the circumstances then and there
prevailing.
53. That by reason of the foregoing, Plaintiff VANESSA MOLINA, AN INFANT
BY HER M/N/G, LUZ GREGORY sustained severe and permanent personal injuries; and
Plaintiff was otherwise damaged.
54. That Plaintiff VANESSA MOLINA, AN INFANT BY HER M/N/G, LUZ
GREGORY sustained serious injuries as defined by §5102(d) of the Insurance Law of the State
of New York.
55. That Plaintiff VANESSA MOLINA, AN INFANT BY HER M/N/G, LUZ
GREGORY 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.
56. That Plaintiff VANESSA MOLINA, AN INFANT BY HER M/N/G, LUZ
GREGORY is not seeking to recover any damages for which plaintiff has 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 herein.
37. That this action falls within one or more of the exceptions set forth in CPLR
§1602.
58. That by reason of the foregoing, Plaintiff LAURA MOLINA has been damaged
in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
WHEREFORE, Plaintifi(s) demand(s) judgment against the Defendants herein on all
causes of action, in a sum exceeding the jurisdictional limits of all lower courts which would
otherwise have jurisdiction, together with the costs and disbursements of this action.
Dated: New York, New York
November 14, 2013
Yours, ete.
a
“eo
MICHAEL M. GOLOBERG
Law(Offices of Michdel M. Goldberg, P.C.
Attorneys for Plaintifi(s}
LUZ GREGORY, et al
31 East 32™ Street, 4" Floor
New York, New York 10016
(212) 481-0011
Our File No. 10-1224
ATTORNEY'S VERIFICATION
I, MICHAEL M. GOLDBERG, an attorney duly admitted to practice before the Courts of
the State of New York, affirms the following to be true under the penalties of perjury:
1am an attorney at LAW OFFICES OF MICHAEL M. GOLDBERG, P.C., attorneys of
record for Plaintiff(s) LUZ GREGORY, el al. | have read the annexed COMPLAINT and know
the contents thereof, and the same are true to my knowledge, except those matters therein which
are stated to be alleged upon information and belief, and as to those matters I believe them to be
true. My belief, as to those matters therein not stated upon knowledge, is based upon facts,
records, and other pertinent information contained in my files.
This verification is made by me because Plaintif{(s) is/are not presently in the same
county as the undersigned.
DATED: New York, New York
November 14, 2013
4 oe
MICHAEL M. GOLDBERG
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INDEX NO. 705274/2013 (FILED: QUEENS COUNTY CLERK 11/14/2013) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/14/2013 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF QUEENS Date Purchased: meee ee en nr tenement ttn SUMMONS LUZ GREGORY, LAURA MOLINA, AND VANESSA MOLINA, AN INFANT BY HER M/N/G, LUZ, Plaintiffs designate Queens GREGORY, County as the place of trial. Plaintiffs), The basis of venue is: Residence of Plaintiffs -against- Plaintiffs reside at: 150-07 14" Road JAMES T. POWER, DANNY O’BRIAN, ROCKMILLS Whitestone, NY 11357 STEEL PRODUCTS CORP., AND MANUEL E. MOLINA County of Queens Defendant(s). a pane X To the above named 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 this summons, to serve a notice of appearance on the Plaintiffs’ attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Zoe Dated: New York, New York November 14, 2013 x MicHSEL MC GOLDBERG Law Offices of Michael M. Goldberg, P.C. Attorneys for Plaintiffs) LUZ GREGORY, et al 31 East 32™ Street, 4" Floor New York, New York 10016 (212) 481-0011 Our File No. 10-1224 TO! JAMES T. POWER 59-12 54" Street Maspeth, NY 11378 DANNY O’BRIAN 59-12 54” Street Maspeth, NY 11378 ROCKMILLS STEEL PRODUCTS CORP 59-12 54" Street Maspeth, NY 11378 MANUEL E. MOLINA 150-07 14" Road Whitestone, NY 11357 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS wonerc teen cere nennnnneneneeneceeonrontesentenonnenentermensenneensX VERIFIED COMPLAINT LUZ GREGORY, LAURA MOLINA, AND VANESSA MOLINA, AN INFANT BY HER M/N/G, LUZ Index No.: GREGORY, Date Purchased: Plaintifi(s), -against- JAMES T. POWER, DANNY O’BRIAN, ROCKMILLS STEEL PRODUCTS CORP., AND MANUEL E. MOLINA Defendant(s). peewee eee em enen en nena nnn nents -X Plaintiffs, by their attorneys, LAW OFFICES OF MICHAEL M. GOLDBERG, P.C., complaining of the Defendants, respectfully allege, upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF LUZ GREGORY 1 At all times herein mentioned, Plaintiffs were, and still are, residents of the County of Queens, State of New York. 2 At all times herein mentioned, Defendant ROCKMILLS STEEL PRODUCTS CORP. was, and still is, a domestic business corporation with its primary place of business in the County of Queens, State of New York. 3 At all times herein mentioned, Defendant, JAMES T. POWER, has a current place of employment in the County of Queens, State of New York. 4. At all times herein mentioned, Defendant, DANNY O’BRIAN, has a current place of employment in the County of Queens, State of New York. 5 At all times herein mentioned, Defendant MANUEL E. MOLINA was, and still is, a resident of the County of Queens, State of New York. 6 Atall times herein mentioned, Defendant ROCKMILLS STEEL PRODUCTS CORP. was the owner of a 2005 Nissan motor vehicle bearing New York State registration number DMK1158. 7 At all times herein mentioned, Defendant JAMES T. POWER operated the aforesaid motor vehicle bearing New York State registration number DMK1158. 8 Atall times herein mentioned, Defendant DANNY O’BRIAN operated the aforesaid motor vehicle bearing New York State registration number DMK1158. 9 Atall times herein mentioned, Defendant JAMES T. POWER operated the aforesaid motor vehicle with the knowledge of Defendant ROCKMILLS STEEL PRODUCTS CORP.. 10. Atall times herein mentioned, Defendant DANNY O’ BRIAN operated the aforesaid motor vehicle with the knowledge of Defendant ROCKMILLS STEEL PRODUCTS CORP.. il. At all times herein mentioned, Defendant JAMES T. POWER operated the aforesaid motor vehicle with the permission of Defendant ROCKMILLS STEEL PRODUCTS CORP.. 12. Atall times herein mentioned, Defendant DANNY O’BRIAN operated the aforesaid motor vehicle with the permission of Defendant ROCKMILLS STEEL PRODUCTS CORP.. 13. At all times herein mentioned, Defendant JAMES T. POWER operated the aforesaid motor vehicle with the consent of Defendant ROCKMILLS STEEL PRODUCTS CORP.. 14. At all times herein mentioned, Defendant DANNY O’BRIAN operated the aforesaid motor vehicle with the consent of Defendant ROCKMILLS STEEL PRODUCTS CORP.. 15. At all times herein mentioned, Defendant ROCKMILLS STEEL PRODUCTS CORP. managed the aforesaid motor vehicle. 16. At all times herein mentioned, Defendant JAMES T. POWER managed the aforesaid motor vehicle. 17. Atall times herein mentioned, Defendant DANNY O’ BRIAN managed the aforesaid motor vehicle. 18. At all times herein mentioned, Defendant ROCKMILLS STEEL PRODUCTS CORP. controlled the aforesaid motor vehicle. 19, Atall times herein mentioned, Defendant JAMES T. POWER controlled the aforesaid motor vehicle. 20. Atall times herein mentioned, Defendant DANNY O’BRIAN controlled the aforesaid motor vehicle. 21. At all times herein mentioned, Defendant MANUEL E. MOLINA was the owner of a 2003 Ford motor vehicle bearing New York State registration number DGK7285. 22, Atall times herein mentioned, Defendant MANUEL E. MOLINA operated a 2003 Ford motor vehicle bearing New York State registration number DGK7285. 23. At all times herein mentioned, Defendant MANUEL E. MOLINA managed the aforesaid motor vehicle. 24, At all times herein mentioned, Defendant MANUEL E. MOLINA controlled the aforesaid motor vehicle. 25. Atall times herein mentioned, Plaintiff LUZ GREGORY was a passenger in the vehicle owned and operated by Defendant MANUEL E. MOLINA. 26. Atall times herein mentioned, 20" Avenue at or near its intersection with Whitestone Expressway Service Road, County of Queens, State of New York, were public roadways and/or thoroughfares. 27. That on the November 19, 2019, at the aforementioned location, the aforementioned motor vehicles were involved in a collision. 3 28. That as a result of the aforesaid contact, Plaintiff LUZ GREGORY was injured. 29. That the aforesaid occurrence was caused wholly and solely by reason of the negligence of the Defendants without any fault or negligence on the part of the Plaintiff contributing thereto. 30. That Defendants were negligent, careless and reckless in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid vehicle and the and Defendants were otherwise negligent, careless and reckless under the circumstances then there prevailing. 3h. That by reason of the foregoing, Plaintiff LUZ GREGORY sustained severe and permanent personal injuries; and Plaintiff LUZ GREGORY was otherwise damaged. 32. That Plaintiff LUZ GREGORY sustained serious injuries as defined by §5102(d) of the Insurance Law of the State of New York. 33. ‘That Plaintiff LUZ GREGORY 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. 34, That Plaintiff LUZ GREGORY is not seeking to recover any damages for which plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated to reimburse plaintiff. Plaintiffis secking to recover only those damages not recoverable through no-fault insurance under the facts and circumstances in this action. 35, That this action falls within one or more of the exceptions set forth in CPLR §1602. 36. That by Reason of the Foregoing, Plaintiff LUZ GREGORY has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF LAURA MOLINA 37. Plaintiff LAURA MOLINA repeats, reiterates and realleges each and every allegation contained in the First Cause of Action with the same force and effect as though set forth herein at length. 38. Atall times herein mentioned, Plaintiff LAURA MOLINA was a passenger in the 2003 Ford motor vehicle bearing owned and operated by Defendant MANUEL E. MOLINA bearing New York State registration number DGK7285. 39. That as a result of the aforesaid contact, Plaintiff LAURA MOLINA was also injured. 40. 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. 41. That Defendant was negligent, careless and reckless in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid vehicle and the Defendant was otherwise negligent, careless and reckless under the circumstances then and there prevailing. 42. That by reason of the foregoing, Plaintiff LAURA MOLINA sustained severe and permanent personal injuries; and Plaintiff LAURA MOLINA was otherwise damaged. 43. That Plaintiff LAURA MOLINA sustained serious injuries as defined by §5102(d) of the Insurance Law of the State of New York. 44. That Plaintiff LAURA MOLINA 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. 45. That Plaintiff LAURA MOLINA is not secking to recover any damages for which plaintiff has 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 herein. 46. That this action falls within one or more of the exceptions set forth in CPLR. §1602. 47. That by reason of the foregoing, Plaintiff LAURA MOLINA has been damaged jn a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF VANESSA MOLINA, AN INFANT BY HER M/N/G LUZ GREGORY 48. Plaintiff VANESSA MOLINA, AN INFANT BY HER M/N/G, LUZ GREGORY, repeats, reiterates and realleges each and every allegation contained in the First Cause of Action with the same force and effect as though set forth herein at length. 49. At all times herein mentioned, Plaintiff VANESSA MOLINA, AN INFANT BY HER M/N/G, LUZ GREGORY was a passenger in the 2003 Ford motor vehicle bearing owned and operated by Defendant MANUEL E. MOLINA bearing New York State registration number DGK7285. 50. That as a result of the aforesaid contact, Plaintiff VANESSA MOLINA, AN INFANT BY HER M/N/G, LUZ GREGORY was also injured. 51. 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. 52. That Defendant was negligent, careless and reckless in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid vehicle and the Defendant was otherwise negligent, careless and reckless under the circumstances then and there prevailing. 53. That by reason of the foregoing, Plaintiff VANESSA MOLINA, AN INFANT BY HER M/N/G, LUZ GREGORY sustained severe and permanent personal injuries; and Plaintiff was otherwise damaged. 54. That Plaintiff VANESSA MOLINA, AN INFANT BY HER M/N/G, LUZ GREGORY sustained serious injuries as defined by §5102(d) of the Insurance Law of the State of New York. 55. That Plaintiff VANESSA MOLINA, AN INFANT BY HER M/N/G, LUZ GREGORY 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. 56. That Plaintiff VANESSA MOLINA, AN INFANT BY HER M/N/G, LUZ GREGORY is not seeking to recover any damages for which plaintiff has 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 herein. 37. That this action falls within one or more of the exceptions set forth in CPLR §1602. 58. That by reason of the foregoing, Plaintiff LAURA MOLINA has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintifi(s) demand(s) judgment against the Defendants herein on all causes of action, in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: New York, New York November 14, 2013 Yours, ete. a “eo MICHAEL M. GOLOBERG Law(Offices of Michdel M. Goldberg, P.C. Attorneys for Plaintifi(s} LUZ GREGORY, et al 31 East 32™ Street, 4" Floor New York, New York 10016 (212) 481-0011 Our File No. 10-1224 ATTORNEY'S VERIFICATION I, MICHAEL M. GOLDBERG, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: 1am an attorney at LAW OFFICES OF MICHAEL M. GOLDBERG, P.C., attorneys of record for Plaintiff(s) LUZ GREGORY, el al. | have read the annexed COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. This verification is made by me because Plaintif{(s) is/are not presently in the same county as the undersigned. DATED: New York, New York November 14, 2013 4 oe MICHAEL M. GOLDBERG