Preview
FILED: ERIE COUNTY CLERK 12/31/2020 12:01 PM INDEX NO. 816562/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2020
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
HAZELZETTA ALLEN
465 South Street, Apt. 209
Lockport, New York 14094,
SUMMONS
Plaintiffs,
Index No.:
-vs-
BRENT M. THURSTON
157 Peppertree Drive, #8
Amherst, New York 14228,
DAVID A. THURSTON
267 Beattie Avenue, Apt 2
Lockport, New York 14094,
BERTIE M. KNOWLES, JR.
1281
2012 Street,
Niagara Falls, New York 14305 and
CAMERON TRANSPORT CORP
2901 Pine Avenue
Niagara Falls, New York 14301,
Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the plaintiff's at-
torneys, at the address stated below, a written Answer to the attached Complaint.
If this Summons is served upon you within the State of New York by personal service you
must respond within twenty (20) days after service, not counting the day of service. If this
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Summons is not personally delivered to you within the State of New York, you must respond within
thirty (30) days after service is complete, as provided by law.
If you do not respond to the attached Complaint with the applicable time limitation stated
above a Judgment will be entered against you, by default for the relief demanded in the Complaint,
without further notice to you.
This action is brought in the County of Erie on the basis of a defendant's residence.
DATED: Niagara Falls, New York
December 3_J_, 2020
By:
Andrew D. Fanizzi, Esq.
FANIZZI & BARR, P.C.
Attorneys for Plaintiff
2303 Pine Avenue
Niagara Falls, New York 14301
Telephone: (716) 284-8888
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STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
HAZELZETTA ALLEN
465 South Street, Apt. 209
Lockport, New York 14094,
COMPLAINT
Plaintiffs,
Index No.:
-vs-
BRENT M. THURSTON
157 Peppertree Drive, #8
Amherst, New York 14228,
DAVID A. THURSTON
267 Beattie Avenue, Apt 2
Lockport, New York 14094,
BERTIE M. KNOWLES, JR.
12d1
2012 Street,
Niagara Falls, New York 14305 and
CAMERON TRANSPORT CORP
2901 Pine Avenue
Niagara Falls, New York 14301,
Defendants.
Plaintiff, HAZELZETTA ALLEN, by and through her attorneys, FANIZZI & BARR, P.C.,
as and for their Complaint against the above-named defendant, hereby state and allege:
1. That at alltimes hereinafter referenced, plaintiff, HAZELZETTA ALLEN, was and
remains an individual residing in the City of Lockport, County of Niagara, and State of New York.
2. That at all times hereinafter referenced, defendant, BRENT M. THURSTON, was
and remains an individual residing in the Town of Amherst, County of Erie, and State of New York.
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3. That at all times hereinafter referenced, defendant, DAVID A. THURSTON, was
and remains an individual residing in the City of Lockport, County of Niagara, and State of New
York.
4. That upon information and belief, at all times hereinafter referenced, defendant,
BERTIE N. ICNOWLES, JR., was and remains an individual residing in the City of Niagara Falls,
County of Niagara, and State of New York.
5. That upon information and belief, at all times hereinafter referenced, defendant,
CAMERON TRANSPORT CORP., was and remains a domestic business corporation, duly formed
pursuant to the laws of the State of New with a business location at 2901 Pine Ni-
York, Avenue,
agara Falls, New York, 14301.
6. That on or about January 3, 2018, defendant, BRENT M. THURSTON, was the
operator a 1998 Plymouth motor vehicle bearing New York license plate number GWH 7673.
7. That on or about DAVID A. was the reg-
January 3, 2018, defendant, THURSTON,
istrant owner of a 1998 Plymouth motor vehicle bearing New York license plate number GWH
7673.
8. That on or about January 3, 2018, defendant, BRENT M. THURSTON, operated the
1998 Plymouth motor vehicle bearing New York license plate number GWH 7673 with the permis-
sion and consent of the registrant owner, defendant, DAVID A. THURSTON.
9. That on or about January 3, 2018, defendant, BERTIE N. KNOWLES, JR., was the
operator of a 2017 Dodge bearing New York license plate number 37630LV.
10. That on or about January 3, 2018, defendant, CAMERON TRANSPORT CORP.,
was the registrant owner of a 2017 Dodge bearing New York license plate number 37630LV.
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11. That on or about January 3, 2018, and at alltimes hereinafter referenced, defendant,
BERTIE N. KNOWLES, JR., operated the 2017 Dodge bearing New York license plate number
37630LV, with the permission and consent of defendant, CAMERON TRANSPORT CORP.
12. That on or about January 3, 2018, defendant, BERTIE N. KNOWLES, JR., was an
employee, agent or servant of defendant, CAMERON TRANSPORT CORP, and was acting within
the scope of his employment at the time of the collision hereinafter referenced.
13. That on or about HAZELZETTA was a passen-
January 3, 2018, plaintiff, ALLEN,
ger in the 2017 Dodge bearing New York license plate number 37630LV, operated by defendant,
BERTIE N. KNOWLES, JR.
14. That at all times hereinafter referenced, Lockport Road, was and continues to be a
public roadway in the Town of Wheatfield, County of Niagara and State of New York.
15. That on January 3, 2018 defendant, BRENT M. THURSTON, operated the 1998
Plymouth motor vehicle bearing New York license plate number GWH 7673, in such a careless,
reckless and negligent manner so as to cause that vehicle to collide with the 2017 Dodge bearing
New York license plate number 37630LV, operated by defendant, BERTIE N. KNOWLES, JR.,
while plaintiff, HAZELZETTA ALLEN, was a passenger therein.
16. That on January 3, 2018 defendant, BERTIE N. KNOWLES, JR., operated the 2017
Dodge bearing New York license plate number 37630LV, while plaintiff, HAZELZETTA ALLEN,
was a passenger therein, in such a careless, reckless and negligent mamler so as to cause that vehicle
to collide with the 1998 Plymouth motor vehicle bearing New York license plate number GWH
7673, operated by defendant, BRENT M. THURSTON.
17. Pursuant to Section 388 of the Vehicle and Traffic Law of the State of New York,
Defendant, DAVID A. THURSTON, as registrant owner of the above-referenced 1998 Plymouth
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motor vehicle bearing New York license plate number GWH 7673, is liable and responsible for the
acts of negligence of defendant operator BRENT M. THURSTON as set forth above.
18. Pursuant to Section 388 of the Vehicle and Traffic Law of the State of New York,
defendant, CAMERON TRANSPORT CORP, as registrant owner of the above-referenced 2017
Dodge bearing New York license plate number 37630LV, is liable and responsible for the acts of
negligence of Defendant operator BERTIE N. KNOWLES, JR., as set forth above.
19. That the January 3, 2018 motor vehicle collision occurred on Lockport Road, in the
Town of Wheatfield, County of Niagara, and State of New York.
20. That the subject collision resulted solely and wholly by reason of the negligence of
the defendants without any negligence on the part of the plaintiff contributing thereto.
21. That by reason of the negligence, carelessness, and recklessness of the defendants,
HAZELZETTA sustained serious injuries as defined of the Insur-
plaintiff, ALLEN, by § 5102(d)
ance Law of the State of New York.
22. That by reason of the foregoing, plaintiff, HAZELZETTA ALLEN, has been caused
to sustain, among other things, serious, painful, and permanent injuries; has incurred hospital and
medical expenses and will incur further hospital and medical has suffered a loss of in-
expenses;
come and will incur future lost income; and has been incapacitated, allto her damage, in an amount
exceeding the jurisdictional limits on all lower courts which would otherwise have jurisdiction.
23. That this action falls within one or more exceptions pursuant to Article 16 of the
CPLR.
WHEREFORE, plaintiff, HAZELZETTA ALLEN seeks judgment against the defendants
in an amount which exceeds the jurisdictional limits of all lower Courts, and such other and further
relief as this Com·t deems just and proper.
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DATED: Niagara Falls, New York
December3 / _, 2020
By·
Andrew D. Fanizzi,
FANIZZI & BARR, P.C.
Attorneys for Plaintiff
2303 Pine Avenue
Niagara Falls, New York 14301
Telephone: (716) 284-8888
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Preview
FILED: ERIE COUNTY CLERK 12/31/2020 12:01 PM INDEX NO. 816562/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE HAZELZETTA ALLEN 465 South Street, Apt. 209 Lockport, New York 14094, SUMMONS Plaintiffs, Index No.: -vs- BRENT M. THURSTON 157 Peppertree Drive, #8 Amherst, New York 14228, DAVID A. THURSTON 267 Beattie Avenue, Apt 2 Lockport, New York 14094, BERTIE M. KNOWLES, JR. 1281 2012 Street, Niagara Falls, New York 14305 and CAMERON TRANSPORT CORP 2901 Pine Avenue Niagara Falls, New York 14301, Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon the plaintiff's at- torneys, at the address stated below, a written Answer to the attached Complaint. If this Summons is served upon you within the State of New York by personal service you must respond within twenty (20) days after service, not counting the day of service. If this 1 of 7 FILED: ERIE COUNTY CLERK 12/31/2020 12:01 PM INDEX NO. 816562/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2020 Summons is not personally delivered to you within the State of New York, you must respond within thirty (30) days after service is complete, as provided by law. If you do not respond to the attached Complaint with the applicable time limitation stated above a Judgment will be entered against you, by default for the relief demanded in the Complaint, without further notice to you. This action is brought in the County of Erie on the basis of a defendant's residence. DATED: Niagara Falls, New York December 3_J_, 2020 By: Andrew D. Fanizzi, Esq. FANIZZI & BARR, P.C. Attorneys for Plaintiff 2303 Pine Avenue Niagara Falls, New York 14301 Telephone: (716) 284-8888 2 of 7 FILED: ERIE COUNTY CLERK 12/31/2020 12:01 PM INDEX NO. 816562/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE HAZELZETTA ALLEN 465 South Street, Apt. 209 Lockport, New York 14094, COMPLAINT Plaintiffs, Index No.: -vs- BRENT M. THURSTON 157 Peppertree Drive, #8 Amherst, New York 14228, DAVID A. THURSTON 267 Beattie Avenue, Apt 2 Lockport, New York 14094, BERTIE M. KNOWLES, JR. 12d1 2012 Street, Niagara Falls, New York 14305 and CAMERON TRANSPORT CORP 2901 Pine Avenue Niagara Falls, New York 14301, Defendants. Plaintiff, HAZELZETTA ALLEN, by and through her attorneys, FANIZZI & BARR, P.C., as and for their Complaint against the above-named defendant, hereby state and allege: 1. That at alltimes hereinafter referenced, plaintiff, HAZELZETTA ALLEN, was and remains an individual residing in the City of Lockport, County of Niagara, and State of New York. 2. That at all times hereinafter referenced, defendant, BRENT M. THURSTON, was and remains an individual residing in the Town of Amherst, County of Erie, and State of New York. 3 of 7 FILED: ERIE COUNTY CLERK 12/31/2020 12:01 PM INDEX NO. 816562/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2020 3. That at all times hereinafter referenced, defendant, DAVID A. THURSTON, was and remains an individual residing in the City of Lockport, County of Niagara, and State of New York. 4. That upon information and belief, at all times hereinafter referenced, defendant, BERTIE N. ICNOWLES, JR., was and remains an individual residing in the City of Niagara Falls, County of Niagara, and State of New York. 5. That upon information and belief, at all times hereinafter referenced, defendant, CAMERON TRANSPORT CORP., was and remains a domestic business corporation, duly formed pursuant to the laws of the State of New with a business location at 2901 Pine Ni- York, Avenue, agara Falls, New York, 14301. 6. That on or about January 3, 2018, defendant, BRENT M. THURSTON, was the operator a 1998 Plymouth motor vehicle bearing New York license plate number GWH 7673. 7. That on or about DAVID A. was the reg- January 3, 2018, defendant, THURSTON, istrant owner of a 1998 Plymouth motor vehicle bearing New York license plate number GWH 7673. 8. That on or about January 3, 2018, defendant, BRENT M. THURSTON, operated the 1998 Plymouth motor vehicle bearing New York license plate number GWH 7673 with the permis- sion and consent of the registrant owner, defendant, DAVID A. THURSTON. 9. That on or about January 3, 2018, defendant, BERTIE N. KNOWLES, JR., was the operator of a 2017 Dodge bearing New York license plate number 37630LV. 10. That on or about January 3, 2018, defendant, CAMERON TRANSPORT CORP., was the registrant owner of a 2017 Dodge bearing New York license plate number 37630LV. 4 of 7 FILED: ERIE COUNTY CLERK 12/31/2020 12:01 PM INDEX NO. 816562/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2020 11. That on or about January 3, 2018, and at alltimes hereinafter referenced, defendant, BERTIE N. KNOWLES, JR., operated the 2017 Dodge bearing New York license plate number 37630LV, with the permission and consent of defendant, CAMERON TRANSPORT CORP. 12. That on or about January 3, 2018, defendant, BERTIE N. KNOWLES, JR., was an employee, agent or servant of defendant, CAMERON TRANSPORT CORP, and was acting within the scope of his employment at the time of the collision hereinafter referenced. 13. That on or about HAZELZETTA was a passen- January 3, 2018, plaintiff, ALLEN, ger in the 2017 Dodge bearing New York license plate number 37630LV, operated by defendant, BERTIE N. KNOWLES, JR. 14. That at all times hereinafter referenced, Lockport Road, was and continues to be a public roadway in the Town of Wheatfield, County of Niagara and State of New York. 15. That on January 3, 2018 defendant, BRENT M. THURSTON, operated the 1998 Plymouth motor vehicle bearing New York license plate number GWH 7673, in such a careless, reckless and negligent manner so as to cause that vehicle to collide with the 2017 Dodge bearing New York license plate number 37630LV, operated by defendant, BERTIE N. KNOWLES, JR., while plaintiff, HAZELZETTA ALLEN, was a passenger therein. 16. That on January 3, 2018 defendant, BERTIE N. KNOWLES, JR., operated the 2017 Dodge bearing New York license plate number 37630LV, while plaintiff, HAZELZETTA ALLEN, was a passenger therein, in such a careless, reckless and negligent mamler so as to cause that vehicle to collide with the 1998 Plymouth motor vehicle bearing New York license plate number GWH 7673, operated by defendant, BRENT M. THURSTON. 17. Pursuant to Section 388 of the Vehicle and Traffic Law of the State of New York, Defendant, DAVID A. THURSTON, as registrant owner of the above-referenced 1998 Plymouth 5 of 7 FILED: ERIE COUNTY CLERK 12/31/2020 12:01 PM INDEX NO. 816562/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2020 motor vehicle bearing New York license plate number GWH 7673, is liable and responsible for the acts of negligence of defendant operator BRENT M. THURSTON as set forth above. 18. Pursuant to Section 388 of the Vehicle and Traffic Law of the State of New York, defendant, CAMERON TRANSPORT CORP, as registrant owner of the above-referenced 2017 Dodge bearing New York license plate number 37630LV, is liable and responsible for the acts of negligence of Defendant operator BERTIE N. KNOWLES, JR., as set forth above. 19. That the January 3, 2018 motor vehicle collision occurred on Lockport Road, in the Town of Wheatfield, County of Niagara, and State of New York. 20. That the subject collision resulted solely and wholly by reason of the negligence of the defendants without any negligence on the part of the plaintiff contributing thereto. 21. That by reason of the negligence, carelessness, and recklessness of the defendants, HAZELZETTA sustained serious injuries as defined of the Insur- plaintiff, ALLEN, by § 5102(d) ance Law of the State of New York. 22. That by reason of the foregoing, plaintiff, HAZELZETTA ALLEN, has been caused to sustain, among other things, serious, painful, and permanent injuries; has incurred hospital and medical expenses and will incur further hospital and medical has suffered a loss of in- expenses; come and will incur future lost income; and has been incapacitated, allto her damage, in an amount exceeding the jurisdictional limits on all lower courts which would otherwise have jurisdiction. 23. That this action falls within one or more exceptions pursuant to Article 16 of the CPLR. WHEREFORE, plaintiff, HAZELZETTA ALLEN seeks judgment against the defendants in an amount which exceeds the jurisdictional limits of all lower Courts, and such other and further relief as this Com·t deems just and proper. 6 of 7 FILED: ERIE COUNTY CLERK 12/31/2020 12:01 PM INDEX NO. 816562/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2020 DATED: Niagara Falls, New York December3 / _, 2020 By· Andrew D. Fanizzi, FANIZZI & BARR, P.C. Attorneys for Plaintiff 2303 Pine Avenue Niagara Falls, New York 14301 Telephone: (716) 284-8888 7 of 7