Preview
FILED: NIAGARA COUNTY CLERK 02/09/2021 02:03 PM INDEX NO. E174178/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2021
STATE OF NEW YORK
SUPREME COURT: COUNTY OF NIAGARA
Index No.
JOHN W.CRAWFORD,III
1203 15th Street Plaintiff designates Niagara
Niagara Falls, New York 14301 County as the place of trial
Plaintiff, The basis of venue is
vs.
Plaintiffs residence
ROBIN E. GARDNER SUMMONS
229 Main Street, Apt. A Plaintiff resides at
Leicester, New York 14481 1203 15th Street
Niagara Falls, New York 14301
Defendant.
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 Attorneys within TWENTY (20)DAYS after the service of this
Summons,exclusive of the day of service(or within THIRTY(30)DAYS after the service is
complete ifthis 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.
DATED: Buffalo, New York
February 9, 2021
LIPSITZ GREEN SCIME CAMBRIA LLP
By:
MAX HUMANN,ESQ.
Attorneys for Plaintiff
42 Delaware Avenue, Suite 120
Buffalo, New York 14202-3924
(716)849-1333
[MH:# 68321.0001]
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FILED: NIAGARA COUNTY CLERK 02/09/2021 02:03 PM INDEX NO. E174178/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2021
STATE OF NEW YORK
SUPREME COURT: COUNTY OF NIAGARA
JOHN W. CRAWFORD,III,
COMPLAINT
Plaintiff,
vs. Index No.
ROBIN E. GARDNER,
Defendant.
Plaintiff, above named, by his attorneys LIPSITZ GREEN SCIME CAMBRIA LLP,for
his Complaint against the defendant, alleges:
AS AND FOR A FIRST CAUSE OF ACTION,
AGAINST DEFENDANT,ROBIN E. GARDNER,
THE PLAINTIFF,JOHN W.CRAWFORD,III, ALLEGES:
1. The plaintiff, JOHN W.CRAWFORD,III, at all times hereinafter mentioned, was
and still is a resident ofthe City of Niagara Falls, located within the County of Niagara and in the
State of New York.
2. Upon information and belief, at all times hereinafter mentioned, the defendant,
ROBIN E. GARDNER, was and still is a resident of the Town of Leicester located within the
County of Livingston and the State of New York.
3. Upon information and belief, at all times hereinafter mentioned, the defendant,
ROBIN E. GARDNER,was the owner and operator of a certain motor vehicle bearing New
York State license plate number GGY3893.
4. On or about the 2nd day of August, 2019, the plaintiff, JOHN W. CRAWFORD,
III, was operating his vehicle on Cleveland Avenue at a point near its intersection with Lockport
Street, both public highways located within the City of Niagara Falls, County of Niagara and the
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FILED: NIAGARA COUNTY CLERK 02/09/2021 02:03 PM INDEX NO. E174178/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2021
State of New York, when the vehicle operated by the defendant, ROBIN E. GARDNER,came
into contact with the vehicle operated by the plaintiff, JOHN W. CRAWFORD,III.
5. Upon information and belief, the alleged incident, hereinbefore described, was
caused as a result ofthe negligent, careless, reckless and unlawful conduct on the part of the
defendant.
6. As a result of the alleged incident, the plaintiff, JOHN W.CRAWFORD,III,
sustained bodily injuries and was painfully and seriously injured, and some of the injuries may
result in permanent defects; was rendered sick, sore, lame and disabled; sustained pain and
suffering and shock to his nerves and nervous system; was caused to and did seek medical aid
and attention; was caused to be confined to hospital, bed and home; was caused to and did incur
great medical expense and may incur further medical expense; was caused to be incapacitated
from his usual activities and employment, and may be further incapacitated.
7. Upon information and belief, the plaintiff, JOHN W. CRAWFORD,III, has
sustained a serious injury as defined by Section 5102 of the New York State Insurance Law,and
has suffered basic economic loss as well as other economic loss as special damages.
8. Upon information and belief, the defendant affirmatively created the dangerous
and defective condition described herein.
9. This action falls within one or more of the exceptions set forth in CPLR § 1602.
10. As a result of the foregoing, the plaintiff has sustained general and special
damages in an amount that exceeds the jurisdictional limits of all lower courts that would
otherwise have jurisdiction.
WHEREFORE,the plaintiff demands judgment against the defendant, in the First Cause
of Action in an amount that exceeds the jurisdictional limits of all lower courts which would
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FILED: NIAGARA COUNTY CLERK 02/09/2021 02:03 PM INDEX NO. E174178/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2021
otherwise have jurisdiction; and for such other, further or different relief as the Court may deem
just and proper, together with the costs and disbursements of the action.
DATED: Buffalo, New York
February 9,2021
LIPSITZ GREEN SCIME CAMBRIA LLP
By:
MAX HUMANN,ESQ.
Attorneys for Plaintiff
42 Delaware Avenue, Suite 120
Buffalo, New York 14202-3924
(716) 849-1333
[MH:# 68321.0001]
-3-
4056293, 1, 068321.0001
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Preview
FILED: NIAGARA COUNTY CLERK 02/09/2021 02:03 PM INDEX NO. E174178/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2021 STATE OF NEW YORK SUPREME COURT: COUNTY OF NIAGARA Index No. JOHN W.CRAWFORD,III 1203 15th Street Plaintiff designates Niagara Niagara Falls, New York 14301 County as the place of trial Plaintiff, The basis of venue is vs. Plaintiffs residence ROBIN E. GARDNER SUMMONS 229 Main Street, Apt. A Plaintiff resides at Leicester, New York 14481 1203 15th Street Niagara Falls, New York 14301 Defendant. 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 Attorneys within TWENTY (20)DAYS after the service of this Summons,exclusive of the day of service(or within THIRTY(30)DAYS after the service is complete ifthis 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. DATED: Buffalo, New York February 9, 2021 LIPSITZ GREEN SCIME CAMBRIA LLP By: MAX HUMANN,ESQ. Attorneys for Plaintiff 42 Delaware Avenue, Suite 120 Buffalo, New York 14202-3924 (716)849-1333 [MH:# 68321.0001] 4056276, 1, 068321.0001 1 of 4 FILED: NIAGARA COUNTY CLERK 02/09/2021 02:03 PM INDEX NO. E174178/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2021 STATE OF NEW YORK SUPREME COURT: COUNTY OF NIAGARA JOHN W. CRAWFORD,III, COMPLAINT Plaintiff, vs. Index No. ROBIN E. GARDNER, Defendant. Plaintiff, above named, by his attorneys LIPSITZ GREEN SCIME CAMBRIA LLP,for his Complaint against the defendant, alleges: AS AND FOR A FIRST CAUSE OF ACTION, AGAINST DEFENDANT,ROBIN E. GARDNER, THE PLAINTIFF,JOHN W.CRAWFORD,III, ALLEGES: 1. The plaintiff, JOHN W.CRAWFORD,III, at all times hereinafter mentioned, was and still is a resident ofthe City of Niagara Falls, located within the County of Niagara and in the State of New York. 2. Upon information and belief, at all times hereinafter mentioned, the defendant, ROBIN E. GARDNER, was and still is a resident of the Town of Leicester located within the County of Livingston and the State of New York. 3. Upon information and belief, at all times hereinafter mentioned, the defendant, ROBIN E. GARDNER,was the owner and operator of a certain motor vehicle bearing New York State license plate number GGY3893. 4. On or about the 2nd day of August, 2019, the plaintiff, JOHN W. CRAWFORD, III, was operating his vehicle on Cleveland Avenue at a point near its intersection with Lockport Street, both public highways located within the City of Niagara Falls, County of Niagara and the 4056293, I, 068321.0001 2 of 4 FILED: NIAGARA COUNTY CLERK 02/09/2021 02:03 PM INDEX NO. E174178/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2021 State of New York, when the vehicle operated by the defendant, ROBIN E. GARDNER,came into contact with the vehicle operated by the plaintiff, JOHN W. CRAWFORD,III. 5. Upon information and belief, the alleged incident, hereinbefore described, was caused as a result ofthe negligent, careless, reckless and unlawful conduct on the part of the defendant. 6. As a result of the alleged incident, the plaintiff, JOHN W.CRAWFORD,III, sustained bodily injuries and was painfully and seriously injured, and some of the injuries may result in permanent defects; was rendered sick, sore, lame and disabled; sustained pain and suffering and shock to his nerves and nervous system; was caused to and did seek medical aid and attention; was caused to be confined to hospital, bed and home; was caused to and did incur great medical expense and may incur further medical expense; was caused to be incapacitated from his usual activities and employment, and may be further incapacitated. 7. Upon information and belief, the plaintiff, JOHN W. CRAWFORD,III, has sustained a serious injury as defined by Section 5102 of the New York State Insurance Law,and has suffered basic economic loss as well as other economic loss as special damages. 8. Upon information and belief, the defendant affirmatively created the dangerous and defective condition described herein. 9. This action falls within one or more of the exceptions set forth in CPLR § 1602. 10. As a result of the foregoing, the plaintiff has sustained general and special damages in an amount that exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. WHEREFORE,the plaintiff demands judgment against the defendant, in the First Cause of Action in an amount that exceeds the jurisdictional limits of all lower courts which would -2- 4056293, 1, 068321.0001 3 of 4 FILED: NIAGARA COUNTY CLERK 02/09/2021 02:03 PM INDEX NO. E174178/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2021 otherwise have jurisdiction; and for such other, further or different relief as the Court may deem just and proper, together with the costs and disbursements of the action. DATED: Buffalo, New York February 9,2021 LIPSITZ GREEN SCIME CAMBRIA LLP By: MAX HUMANN,ESQ. Attorneys for Plaintiff 42 Delaware Avenue, Suite 120 Buffalo, New York 14202-3924 (716) 849-1333 [MH:# 68321.0001] -3- 4056293, 1, 068321.0001 4 of 4