Preview
FILED: QUEENS COUNTY CLERK 01/19/2021 04:11 PM INDEX NO. 701269/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF QUEENS Date Purchased:
-X
SOWKA BARCACEL, SUMMONS
Plaintiff(s), Plaintiff designates QUEENS
County as the place of trial.
-against-
The basis of venue is:
FREITAS MARCOS, Location of the Accident
Defendant(s) Plaintiff resides at:
—-X 29 Street
Holly
Yonkers, NY 10704
County of Westchester
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
appear~n~e on the Plaintiff s attorney(s) 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,
Dated: New York, NY
January 19, 2021
Yours, etc.
Fncf 7~
Bart Andrew Pittari, Esq.
GREENSTEIN dt MILBAUER, LLP
Attorney for Plaintiff(s)
SOWKA BARCACKL
1825 Park Avenue
9th Floor
New York, NY 10035
(212) 685-8500
Our File No. 18972
TO: FRKITAS MARCOS
3065 74th Street, 2nd floor
East Klmhurst, NY 11370
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FILED: QUEENS COUNTY CLERK 01/19/2021 04:11 PM INDEX NO. 701269/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
Date Purchased:
SOWKA BARCACEL
COMPLAINT
Plaintiff(s),
-against-
FREITAS MARCOS
Defendant(s).
—X
Plaintiff, SOWKA BARCAKL by her attorneys, GRKKNSTKIN dt MILBAUKR,
LLP, complaining of the Defendants, respectfully alleges, upon information and belief:
1. At alltimes herein mentioned, Plaintiff SOWKA BARCACEL was, and stillis,a
resident of the County of Westchester, State of New York.
2. At alltimes herein mentioned, Defendant FRKITAS MARCOS was, and stillis,a
resident of the County of Queens, State of New York.
3, At alltimes herein mentioned, Defendant FREITAS MARCOS was, and stillis,a
resident of the County of Queens, State of New York.
4. At alltimes herein mentioned, Defendant FRKITAS MARCOS was the titled owner of
a 2013 motor vehicle bearing New York State registration number T733676C
5. At alltimes herein mentioned, Defendant FREITAS MARCOS was the owner of a
2013 motor vehicle bearing New York State registration number T733676C.
6. At all times herein mentioned, Defendant FRKITAS MARCOS operated the
aforementioned motor vehicle bearing New York State registration number T733676C.
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FILED: QUEENS COUNTY CLERK 01/19/2021 04:11 PM INDEX NO. 701269/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021
7. At alltimes herein mentioned, Defendant FREITAS MARCOS managed the aforesaid
motor vehicle.
8. At alltimes herein mentioned, Defendant FREITAS MARCOS maintained the
aforementioned motor vehicle.
9. At alltimes herein mentioned, Defendant FREITAS MARCOS controlled the
aforementioned motor vehicle.
10. At alltimes herein mentioned, Defendant FREITAS MARCOS repaired the
aforementioned motor vehicle.
11. At alltimes herein mentioned, Defendant FREITAS MARCOS was the lessor of the
aforementioned motor vehicle.
12. At alltimes herein mentioned, Defendant FREITAS MARCOS was the lessee of the
aforementioned motor vehicle. , ,
13. At alltimes herein mentioned, Plaintiff SOWKA BARCACEL was the operator of a
2017 motor vehicle bearing New York State registration number JPE4665.
14. At all times herein mentioned at or near Astoria Blvd. and the entrance ramp to
I-278, Queens, NY in the County of Queens, State of New York, were public roadways,
streets and/or thoroughfares.
.15.That on July 27, 2020, Defendant FREITAS MARCOS was operating and the owner of
the vehicle at the aforementioned location.
16. That on July 27, 2020, Plaintiff SOWKA BARCACEL was operating her motor vehicle
at the aforementioned location.
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17. That on July 27, 2020, at the aforenieñtioned location, the motor vehicle owned and
operated by Defendant FREITAS MARCOS came into contact with the motor vehicle
operated by Plaintiff SOWKA BARCACEL.
18. That on July 27, 2020, at the aforementioned location, Defendant FREITAS MARCOS
observed Plaintiff's vehicle prior to contact between the vchicles.
19. That as a result of the aforesaid contact, Plaintiff SOWKA BARCACEL was injured.
20. 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.
21. That Defendants were negligent, careless and reckless in the ownership, operation,
ñiañagement, maintenance, supervision, use and control of the aforesaid vehicle and the
Defendants were otherwise negligent, careless and reckless under the circumstances then
and there prevailing.
22. That by reason of the foregoing, Plaintiff SOWKA BARCACEL sustained severe and
permanent personal injuries; and Plaintiff SOWKA BARCACEL was otherwise
damaged.
23. That Plaintiff SOWKA BARCACEL sustained serious injuries as defined by §5102(d)
of the Insurance Law of the State of New York.
24. That Plaintiff SOWKA BARCACEL sustained serious injuries and economic loss
greater than basic ecoñomic loss as defined by §5104 of the Insurance Law of the State
of New York.
25. That Plaintiff SOWKA BARCACEL is not seeking to recover any damages for which
Plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance
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is obligated to reimburse Plaintiff. Plaintiff is seeking only to recover those damages
not recoverable through no-fault insurance under the facts and circumstances in this
action.
26. That this action falls within one or more of the exceptions set forth in CPLR §1602,
including §1602 (6) and (7).
27. That by reason of the foregoing, Plaintiff SOWKA BARCACEL has been damaged in
a sum which exceeds the jurisdictional limits of alllower courts which would otherwise
have jurisdiction.
WHEREFORE, Plaintiff demands judgment against the Defendants herein, 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 NY
January 19, 2021
Yours, etc.
Bart Andrew Pittari,Esq.
GREENSTEIN & MILBAUER, LLP
Attorney for Plaintiff
SOWKA BARCACEL
1825 Park Avenue
9th Floor
New York, NY 10035
(212) 685-8500
Our File No. 18972
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021
ATTORNEY'S VERIFICATION
BART A. PITTARI, ESQ., 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: I am an attorney at GREENSTEIN & MILBAUER, LLP, attorneys of record
for Plaintiff, SOWKA BARCACEL. I have read the annexed foregoing 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 Plaintiff(s) is/are not presently in the county
wherein I maintain my offices.
DATED: New York NY
January 19, 2021
4W Pitt4ti
Bart Andrew Pittari, Esq.
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CERTIFICATION
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice in
the Courts of New York State, certifies that, upon information and belief and reasonable inquiry,
the contentions contained in the annexed SUMMONS AND COMPLAINT are not frivolous.
Dated: NEW YORK, NY
January 19, 2021
Yours, etc.
Bart Andrew Pittari, Esq.
GREENSTEIN & MILBAUER, LLP
Attorney for Plaintiff(s)
SOWKA BARCACEL
1825 Park Avenue
9th Floor
New York, NY 10035
(212) 685-8500
Our File No: 18972
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Preview
FILED: QUEENS COUNTY CLERK 01/19/2021 04:11 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF QUEENS Date Purchased: -X SOWKA BARCACEL, SUMMONS Plaintiff(s), Plaintiff designates QUEENS County as the place of trial. -against- The basis of venue is: FREITAS MARCOS, Location of the Accident Defendant(s) Plaintiff resides at: —-X 29 Street Holly Yonkers, NY 10704 County of Westchester 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 appear~n~e on the Plaintiff s attorney(s) 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, Dated: New York, NY January 19, 2021 Yours, etc. Fncf 7~ Bart Andrew Pittari, Esq. GREENSTEIN dt MILBAUER, LLP Attorney for Plaintiff(s) SOWKA BARCACKL 1825 Park Avenue 9th Floor New York, NY 10035 (212) 685-8500 Our File No. 18972 TO: FRKITAS MARCOS 3065 74th Street, 2nd floor East Klmhurst, NY 11370 1 of 7 FILED: QUEENS COUNTY CLERK 01/19/2021 04:11 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Date Purchased: SOWKA BARCACEL COMPLAINT Plaintiff(s), -against- FREITAS MARCOS Defendant(s). —X Plaintiff, SOWKA BARCAKL by her attorneys, GRKKNSTKIN dt MILBAUKR, LLP, complaining of the Defendants, respectfully alleges, upon information and belief: 1. At alltimes herein mentioned, Plaintiff SOWKA BARCACEL was, and stillis,a resident of the County of Westchester, State of New York. 2. At alltimes herein mentioned, Defendant FRKITAS MARCOS was, and stillis,a resident of the County of Queens, State of New York. 3, At alltimes herein mentioned, Defendant FREITAS MARCOS was, and stillis,a resident of the County of Queens, State of New York. 4. At alltimes herein mentioned, Defendant FRKITAS MARCOS was the titled owner of a 2013 motor vehicle bearing New York State registration number T733676C 5. At alltimes herein mentioned, Defendant FREITAS MARCOS was the owner of a 2013 motor vehicle bearing New York State registration number T733676C. 6. At all times herein mentioned, Defendant FRKITAS MARCOS operated the aforementioned motor vehicle bearing New York State registration number T733676C. 2 2 of 7 FILED: QUEENS COUNTY CLERK 01/19/2021 04:11 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 7. At alltimes herein mentioned, Defendant FREITAS MARCOS managed the aforesaid motor vehicle. 8. At alltimes herein mentioned, Defendant FREITAS MARCOS maintained the aforementioned motor vehicle. 9. At alltimes herein mentioned, Defendant FREITAS MARCOS controlled the aforementioned motor vehicle. 10. At alltimes herein mentioned, Defendant FREITAS MARCOS repaired the aforementioned motor vehicle. 11. At alltimes herein mentioned, Defendant FREITAS MARCOS was the lessor of the aforementioned motor vehicle. 12. At alltimes herein mentioned, Defendant FREITAS MARCOS was the lessee of the aforementioned motor vehicle. , , 13. At alltimes herein mentioned, Plaintiff SOWKA BARCACEL was the operator of a 2017 motor vehicle bearing New York State registration number JPE4665. 14. At all times herein mentioned at or near Astoria Blvd. and the entrance ramp to I-278, Queens, NY in the County of Queens, State of New York, were public roadways, streets and/or thoroughfares. .15.That on July 27, 2020, Defendant FREITAS MARCOS was operating and the owner of the vehicle at the aforementioned location. 16. That on July 27, 2020, Plaintiff SOWKA BARCACEL was operating her motor vehicle at the aforementioned location. 3 3 of 7 FILED: QUEENS COUNTY CLERK 01/19/2021 04:11 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 17. That on July 27, 2020, at the aforenieñtioned location, the motor vehicle owned and operated by Defendant FREITAS MARCOS came into contact with the motor vehicle operated by Plaintiff SOWKA BARCACEL. 18. That on July 27, 2020, at the aforementioned location, Defendant FREITAS MARCOS observed Plaintiff's vehicle prior to contact between the vchicles. 19. That as a result of the aforesaid contact, Plaintiff SOWKA BARCACEL was injured. 20. 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. 21. That Defendants were negligent, careless and reckless in the ownership, operation, ñiañagement, maintenance, supervision, use and control of the aforesaid vehicle and the Defendants were otherwise negligent, careless and reckless under the circumstances then and there prevailing. 22. That by reason of the foregoing, Plaintiff SOWKA BARCACEL sustained severe and permanent personal injuries; and Plaintiff SOWKA BARCACEL was otherwise damaged. 23. That Plaintiff SOWKA BARCACEL sustained serious injuries as defined by §5102(d) of the Insurance Law of the State of New York. 24. That Plaintiff SOWKA BARCACEL sustained serious injuries and economic loss greater than basic ecoñomic loss as defined by §5104 of the Insurance Law of the State of New York. 25. That Plaintiff SOWKA BARCACEL is not seeking to recover any damages for which Plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance 4 4 of 7 FILED: QUEENS COUNTY CLERK 01/19/2021 04:11 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 is obligated to reimburse Plaintiff. Plaintiff is seeking only to recover those damages not recoverable through no-fault insurance under the facts and circumstances in this action. 26. That this action falls within one or more of the exceptions set forth in CPLR §1602, including §1602 (6) and (7). 27. That by reason of the foregoing, Plaintiff SOWKA BARCACEL has been damaged in a sum which exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff demands judgment against the Defendants herein, 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 NY January 19, 2021 Yours, etc. Bart Andrew Pittari,Esq. GREENSTEIN & MILBAUER, LLP Attorney for Plaintiff SOWKA BARCACEL 1825 Park Avenue 9th Floor New York, NY 10035 (212) 685-8500 Our File No. 18972 5 5 of 7 FILED: QUEENS COUNTY CLERK 01/19/2021 04:11 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 ATTORNEY'S VERIFICATION BART A. PITTARI, ESQ., 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: I am an attorney at GREENSTEIN & MILBAUER, LLP, attorneys of record for Plaintiff, SOWKA BARCACEL. I have read the annexed foregoing 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 Plaintiff(s) is/are not presently in the county wherein I maintain my offices. DATED: New York NY January 19, 2021 4W Pitt4ti Bart Andrew Pittari, Esq. 6 of 7 FILED: QUEENS COUNTY CLERK 01/19/2021 04:11 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 CERTIFICATION Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice in the Courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed SUMMONS AND COMPLAINT are not frivolous. Dated: NEW YORK, NY January 19, 2021 Yours, etc. Bart Andrew Pittari, Esq. GREENSTEIN & MILBAUER, LLP Attorney for Plaintiff(s) SOWKA BARCACEL 1825 Park Avenue 9th Floor New York, NY 10035 (212) 685-8500 Our File No: 18972 7 of 7