Preview
FILED: QUEENS COUNTY CLERK 01/19/2021 02:25 PM INDEX NO. 701256/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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DAVID OSPINO and MICHELLE OWEN,
SUMMONS
Plaintiff,
-against- Plaintiffs designate
Queens County as the
MONICA AMORES and “JOHN DOE”, the place of trial.
latter name being fictitious and intended to
represent an unidentified driver, Plaintiffs reside in
Queens, New York.
Defendants.
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TO THE ABOVE NAMED DEFENDANT(S):
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 attorney within twenty (20) days after the service of this summons
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 the case of your failure to
appear or answer, judgment will be taken against you be default for the relief demanded in the
Complaint.
Dated: Queens, New York
January 19, 2021
LAW OFFICES OF MICHAEL A. CERVINI
Attorneys for Plaintiff
40-09 82nd Street
Elmhurst, NY 11373
(718) 779-8910
Defendant(s) addresses:
MONICA AMORES
122-10 14th Avenue, Apt. 3C
College Point, NY 11356
JOHN DOE
122-10 14th Avenue, Apt. 3C
College Point, NY 11356
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-------------------------------------------------------------------X Index No.:
DAVID OSPINO and MICHELLE OWEN,
COMPLAINT
Plaintiff,
-against-
MONICA AMORES and “JOHN DOE”, the
latter name being fictitious and intended to
represent an unidentified driver,
Defendants.
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Plaintiffs, by their attorney, MICHAEL A. CERVINI, P.C., complaining of the
defendants herein states and alleges:
1. That at all times hereinafter mentioned the plaintiff, DAVID OSPINO, was, and
still is, a resident of the County of Queens, City and State of New York.
2. That at all times hereinafter mentioned the plaintiff, MICHELLE OWEN, was,
and still is, a resident of the County of Queens, City and State of New York.
3. That at all times hereinafter mentioned the defendant, MONICA AMORES, was,
and still is, a resident of the County of Queens, City and State of New York.
4. That at all times hereinafter mentioned the defendant, JOHN DOE, was, and still
is, a resident of the County of Queens, City and State of New York.
AS AND FOR A FIRST CAUSE OF ACTION
5. That at all times hereinafter mentioned, a certain motor vehicle bearing New York
State plate number HAK6314 was owned by the defendant, MONICA AMORES, on July 16,
2020.
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6. That at all times hereinafter mentioned, a certain motor vehicle bearing New York
State plate number HAK6314 was operated by the defendant, MONICA AMORES, on July 16,
2020.
7. That at all times hereinafter mentioned, a certain motor vehicle bearing New York
State plate number HAK6314 was managed by the defendant, MONICA AMORES, on July 16,
2020.
8. That at all times hereinafter mentioned, a certain motor vehicle bearing New York
State plate number HAK6314 was maintained by the defendant, MONICA AMORES, on July
16, 2020.
9. That at all times hereinafter mentioned, a certain motor vehicle bearing New York
State plate number HAK6314 was controlled by the defendant, MONICA AMORES, on July 16,
2020.
10. That at all times hereinafter mentioned, a certain motor vehicle bearing New York
State plate number HAK6314 was operated by the defendant, JOHN DOE, July 16, 2020.
11. That at all times hereinafter mentioned, a certain motor bearing New York State
plate number HAK6314, was operated by defendant, JOHN DOE, with full consent and
permission of defendant, MONICA AMORES, on July 16, 2020.
12. That on July 16, 2020, the aforesaid motor vehicle owned and operated by the
defendants, did come into contact with the plaintiffs, DAVID OSPINO and MICHELLE OWEN,
bicyclists.
13. That said contact took place at or near the intersection of 31st Avenue and 68th
Street, County of Queens, City and State of New York.
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14. That the aforesaid collision occurred without any fault or negligence on the part
of the plaintiff s contributing thereto and was solely and wholly by the defendants’ negligence.
15. That the defendants, their agents, servants and/or employees were careless,
reckless and negligent in the ownership, operation, maintenance, management and control of
defendant’s vehicle in a careless and dangerous manner so as to cause the accident herein; in
failing to keep a proper and adequate lookout; in failing to observe the traffic condition existing
at the time and place of the accident; in carelessly and negligently permitting their motor vehicle
to be, become and remain in an unsafe, dangerous and dilapidated condition in so far as to the
mechanism of the various parts thereof was concerned; in operating the motor vehicle with
deficient and inadequate brakes, steering gear, signaling and other safety devices and/or in failing
to make timely use of same; in failing to observe the plaintiff; in failing to give any sign, signal
or warning to the plaintiff herein; in failing and neglecting to observe the plaintiffs, bicyclists; in
proceeding at an unlawful, dangerous and reckless rate of speed considering the traffic conditions
existing at the time and place of the accident; in failing to keep the aforesaid motor vehicle under
such proper operation and control so as to have avoided colliding with the plaintiff a bicyclist; in
failing and neglecting to exercise ordinary care, caution and prudence while operating the motor
vehicle at the time and place aforesaid so as to have avoided colliding with plaintiffs; in leaving
the scene of an accident; in violation of the statutes, ordinances and regulations in such cases
made and provided. This constitutes negligence.
16. That as a result of the foregoing contact the plaintiffs, DAVID OSPINO and
MICHELLE OWEN, were caused to be injured.
17. That defendant, MONICA AMORES, was negligent by not adequately
supervising her agents, servants and/or employees in the use of her motor vehicle.
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18. That defendant, MONICA AMORES, was negligent by not limiting access to its
motor vehicle to her agents and/or employees.
19. That defendant, MONICA AMORES, was negligent in entrusting her motor
vehicle to unsafe and careless agents and/or employees.
20. That as a result of the foregoing, the plaintiffs were caused to suffer serious
injuries as that term is defined in Subdivision D of § 5102 of the Insurance Law of the City and
State of New York, and being covered persons and claiming against a covered person, are
entitled to recover for such noneconomic loss, including pain, suffering and disfigurement, and
are entitled to recover for such loss as exceeds basic economic.
21. As a result of the foregoing, the plaintiffs, DAVID OSPINO and MICHELLE
OWEN, demand judgment against the defendant(s) in amounts commensurate with the injuries
and damages sustained herein, altogether with the costs an disbursements of this action, in an
amount that exceeds the jurisdictional limits of all lower courts.
22. This action is an exception to Article 16 of the Insurance Law.
AS AND FOR A SECOND CAUSE OF ACTION
23. Plaintiff repeats and reiterates each and every allegation contained in paragraphs
"1" through "22" as if fully set forth herein.
24. Defendants owed a duty to the plaintiffs by law, statute, regulation and ordinance.
25. Defendants were in violation of said laws, statute, regulation, and ordinance.
26. As a result of the foregoing, the plaintiff demands judgment against the
defendants in amounts commensurate with the injuries and damages sustained herein, altogether
with the costs an disbursements of this action, in an amount that exceeds the jurisdictional limits
of all lower courts.
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27. Said violation makes the defendant absolutely liable to the plaintiff.
WHEREFORE, the plaintiff(s) demand judgment against the defendant(s) in amounts
commensurate with the injuries and damages sustained herein, altogether with the costs and
disbursements of this action, in an amount that exceeds the jurisdictional limits of all lower
courts.
Dated: Queens, New York
January 19, 2021
_______________________________________
LAW OFFICES OF MICHAEL A. CERVINI
Attorneys for Plaintiff
40-09 82nd Street
Elmhurst, NY 11373
(718) 779-8910
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Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
DAVID OSPINO and MICHELLE OWEN,
Plaintiff,
-against-
MONICA AMORES and “JOHN DOE”, the
latter name being fictitious and intended to
represent an unidentified driver,
Defendants.
SUMMONS & COMPLAINT
Law Offices of
MICHAEL A. CERVINI, ESQ.
Attorney for Plaintiff
40-09 82nd Street
Elmhurst, New York 11373
(718) 779-8910
7 of 7
Preview
FILED: QUEENS COUNTY CLERK 01/19/2021 02:25 PM INDEX NO. 701256/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------------------------------------------------------------------X Index No.: DAVID OSPINO and MICHELLE OWEN, SUMMONS Plaintiff, -against- Plaintiffs designate Queens County as the MONICA AMORES and “JOHN DOE”, the place of trial. latter name being fictitious and intended to represent an unidentified driver, Plaintiffs reside in Queens, New York. Defendants. -------------------------------------------------------------------X TO THE ABOVE NAMED DEFENDANT(S): 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 attorney within twenty (20) days after the service of this summons 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 the case of your failure to appear or answer, judgment will be taken against you be default for the relief demanded in the Complaint. Dated: Queens, New York January 19, 2021 LAW OFFICES OF MICHAEL A. CERVINI Attorneys for Plaintiff 40-09 82nd Street Elmhurst, NY 11373 (718) 779-8910 Defendant(s) addresses: MONICA AMORES 122-10 14th Avenue, Apt. 3C College Point, NY 11356 JOHN DOE 122-10 14th Avenue, Apt. 3C College Point, NY 11356 1 of 7 FILED: QUEENS COUNTY CLERK 01/19/2021 02:25 PM INDEX NO. 701256/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------------------------------------------------------------------X Index No.: DAVID OSPINO and MICHELLE OWEN, COMPLAINT Plaintiff, -against- MONICA AMORES and “JOHN DOE”, the latter name being fictitious and intended to represent an unidentified driver, Defendants. -------------------------------------------------------------------X Plaintiffs, by their attorney, MICHAEL A. CERVINI, P.C., complaining of the defendants herein states and alleges: 1. That at all times hereinafter mentioned the plaintiff, DAVID OSPINO, was, and still is, a resident of the County of Queens, City and State of New York. 2. That at all times hereinafter mentioned the plaintiff, MICHELLE OWEN, was, and still is, a resident of the County of Queens, City and State of New York. 3. That at all times hereinafter mentioned the defendant, MONICA AMORES, was, and still is, a resident of the County of Queens, City and State of New York. 4. That at all times hereinafter mentioned the defendant, JOHN DOE, was, and still is, a resident of the County of Queens, City and State of New York. AS AND FOR A FIRST CAUSE OF ACTION 5. That at all times hereinafter mentioned, a certain motor vehicle bearing New York State plate number HAK6314 was owned by the defendant, MONICA AMORES, on July 16, 2020. 2 of 7 FILED: QUEENS COUNTY CLERK 01/19/2021 02:25 PM INDEX NO. 701256/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 6. That at all times hereinafter mentioned, a certain motor vehicle bearing New York State plate number HAK6314 was operated by the defendant, MONICA AMORES, on July 16, 2020. 7. That at all times hereinafter mentioned, a certain motor vehicle bearing New York State plate number HAK6314 was managed by the defendant, MONICA AMORES, on July 16, 2020. 8. That at all times hereinafter mentioned, a certain motor vehicle bearing New York State plate number HAK6314 was maintained by the defendant, MONICA AMORES, on July 16, 2020. 9. That at all times hereinafter mentioned, a certain motor vehicle bearing New York State plate number HAK6314 was controlled by the defendant, MONICA AMORES, on July 16, 2020. 10. That at all times hereinafter mentioned, a certain motor vehicle bearing New York State plate number HAK6314 was operated by the defendant, JOHN DOE, July 16, 2020. 11. That at all times hereinafter mentioned, a certain motor bearing New York State plate number HAK6314, was operated by defendant, JOHN DOE, with full consent and permission of defendant, MONICA AMORES, on July 16, 2020. 12. That on July 16, 2020, the aforesaid motor vehicle owned and operated by the defendants, did come into contact with the plaintiffs, DAVID OSPINO and MICHELLE OWEN, bicyclists. 13. That said contact took place at or near the intersection of 31st Avenue and 68th Street, County of Queens, City and State of New York. 3 of 7 FILED: QUEENS COUNTY CLERK 01/19/2021 02:25 PM INDEX NO. 701256/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 14. That the aforesaid collision occurred without any fault or negligence on the part of the plaintiff s contributing thereto and was solely and wholly by the defendants’ negligence. 15. That the defendants, their agents, servants and/or employees were careless, reckless and negligent in the ownership, operation, maintenance, management and control of defendant’s vehicle in a careless and dangerous manner so as to cause the accident herein; in failing to keep a proper and adequate lookout; in failing to observe the traffic condition existing at the time and place of the accident; in carelessly and negligently permitting their motor vehicle to be, become and remain in an unsafe, dangerous and dilapidated condition in so far as to the mechanism of the various parts thereof was concerned; in operating the motor vehicle with deficient and inadequate brakes, steering gear, signaling and other safety devices and/or in failing to make timely use of same; in failing to observe the plaintiff; in failing to give any sign, signal or warning to the plaintiff herein; in failing and neglecting to observe the plaintiffs, bicyclists; in proceeding at an unlawful, dangerous and reckless rate of speed considering the traffic conditions existing at the time and place of the accident; in failing to keep the aforesaid motor vehicle under such proper operation and control so as to have avoided colliding with the plaintiff a bicyclist; in failing and neglecting to exercise ordinary care, caution and prudence while operating the motor vehicle at the time and place aforesaid so as to have avoided colliding with plaintiffs; in leaving the scene of an accident; in violation of the statutes, ordinances and regulations in such cases made and provided. This constitutes negligence. 16. That as a result of the foregoing contact the plaintiffs, DAVID OSPINO and MICHELLE OWEN, were caused to be injured. 17. That defendant, MONICA AMORES, was negligent by not adequately supervising her agents, servants and/or employees in the use of her motor vehicle. 4 of 7 FILED: QUEENS COUNTY CLERK 01/19/2021 02:25 PM INDEX NO. 701256/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 18. That defendant, MONICA AMORES, was negligent by not limiting access to its motor vehicle to her agents and/or employees. 19. That defendant, MONICA AMORES, was negligent in entrusting her motor vehicle to unsafe and careless agents and/or employees. 20. That as a result of the foregoing, the plaintiffs were caused to suffer serious injuries as that term is defined in Subdivision D of § 5102 of the Insurance Law of the City and State of New York, and being covered persons and claiming against a covered person, are entitled to recover for such noneconomic loss, including pain, suffering and disfigurement, and are entitled to recover for such loss as exceeds basic economic. 21. As a result of the foregoing, the plaintiffs, DAVID OSPINO and MICHELLE OWEN, demand judgment against the defendant(s) in amounts commensurate with the injuries and damages sustained herein, altogether with the costs an disbursements of this action, in an amount that exceeds the jurisdictional limits of all lower courts. 22. This action is an exception to Article 16 of the Insurance Law. AS AND FOR A SECOND CAUSE OF ACTION 23. Plaintiff repeats and reiterates each and every allegation contained in paragraphs "1" through "22" as if fully set forth herein. 24. Defendants owed a duty to the plaintiffs by law, statute, regulation and ordinance. 25. Defendants were in violation of said laws, statute, regulation, and ordinance. 26. As a result of the foregoing, the plaintiff demands judgment against the defendants in amounts commensurate with the injuries and damages sustained herein, altogether with the costs an disbursements of this action, in an amount that exceeds the jurisdictional limits of all lower courts. 5 of 7 FILED: QUEENS COUNTY CLERK 01/19/2021 02:25 PM INDEX NO. 701256/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 27. Said violation makes the defendant absolutely liable to the plaintiff. WHEREFORE, the plaintiff(s) demand judgment against the defendant(s) in amounts commensurate with the injuries and damages sustained herein, altogether with the costs and disbursements of this action, in an amount that exceeds the jurisdictional limits of all lower courts. Dated: Queens, New York January 19, 2021 _______________________________________ LAW OFFICES OF MICHAEL A. CERVINI Attorneys for Plaintiff 40-09 82nd Street Elmhurst, NY 11373 (718) 779-8910 6 of 7 FILED: QUEENS COUNTY CLERK 01/19/2021 02:25 PM INDEX NO. 701256/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/19/2021 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS DAVID OSPINO and MICHELLE OWEN, Plaintiff, -against- MONICA AMORES and “JOHN DOE”, the latter name being fictitious and intended to represent an unidentified driver, Defendants. SUMMONS & COMPLAINT Law Offices of MICHAEL A. CERVINI, ESQ. Attorney for Plaintiff 40-09 82nd Street Elmhurst, New York 11373 (718) 779-8910 7 of 7