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  • Antoine Padmore v. Penske Truck Leasing Corporation, John Doe, A Driver Not Yet IdentifiedTorts - Motor Vehicle document preview
  • Antoine Padmore v. Penske Truck Leasing Corporation, John Doe, A Driver Not Yet IdentifiedTorts - Motor Vehicle document preview
  • Antoine Padmore v. Penske Truck Leasing Corporation, John Doe, A Driver Not Yet IdentifiedTorts - Motor Vehicle document preview
  • Antoine Padmore v. Penske Truck Leasing Corporation, John Doe, A Driver Not Yet IdentifiedTorts - Motor Vehicle document preview
  • Antoine Padmore v. Penske Truck Leasing Corporation, John Doe, A Driver Not Yet IdentifiedTorts - Motor Vehicle document preview
  • Antoine Padmore v. Penske Truck Leasing Corporation, John Doe, A Driver Not Yet IdentifiedTorts - Motor Vehicle document preview
  • Antoine Padmore v. Penske Truck Leasing Corporation, John Doe, A Driver Not Yet IdentifiedTorts - Motor Vehicle document preview
  • Antoine Padmore v. Penske Truck Leasing Corporation, John Doe, A Driver Not Yet IdentifiedTorts - Motor Vehicle document preview
						
                                

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FILED: KINGS COUNTY CLERK 02/10/2021 10:38 AM INDEX NO. 503249/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2021 SUPREME COURT OF THE STATE OF NEW YORK FILED: COUNTY OF KINGS INDEX NO: ---------------------------------------------------------------------X ANTOINE PADMORE, SUMMONS Plaintiff(s), Plaintiffs designate Kings County -against- as the place of trial. PENSKE TRUCK LEASING CORPORATION and The basis of venue is: JOHN DOE, a driver not yet identified, Situs of occurrence Defendant(s), ---------------------------------------------------------------------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, to, if the complaint is not served with the 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 if this 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 herein. Dated: New York, New York February 10, 2021 The nature of this action is for injuries sustained as a result of the defendant’s negligence. The relief sought is monetary damages. LIAKAS LAW, P.C. /s/ _______________________ BY: Dean N. Liakas, ESQ. Attorney for Plaintiff 65 Broadway, 13th Floor New York, New York 10006 (212) 937-7765 Failure to respond, a judgment will be against you, by default and interest from April 30, 2020. 1 of 12 FILED: KINGS COUNTY CLERK 02/10/2021 10:38 AM INDEX NO. 503249/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2021 Defendant’s Address: PENSKE TRUCK LEASING CORPORATION C/O Corporation Service Company 80 State Street Albany, New York 12207 JOHN DOE, a driver not yet identified C/O PENSKE TRUCK LEASING CORPORATION C/O Corporation Service Company 80 State Street Albany, New York 12207 2 of 12 FILED: KINGS COUNTY CLERK 02/10/2021 10:38 AM INDEX NO. 503249/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2021 SUPREME COURT OF THE STATE OF NEW YORK FILED: COUNTY OF KINGS INDEX NO: --------------------------------------------------------------------X ANTOINE PADMORE, VERIFIED COMPLAINT Plaintiff(s), -against- PENSKE TRUCK LEASING CORPORATION and JOHN DOE, a driver not yet identified, Defendant(s), --------------------------------------------------------------------X Plaintiff, by his attorneys, LIAKAS LAW, P.C., as and for this Verified Complaint, respectfully allege, upon information and belief: 1. That Plaintiff, ANTOINE PADMORE, at all times herein mentioned, was and still is a resident of the County of Kings, City and State of New York. 2. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PENSKE TRUCK LEASING CORPORATION, was a company organized and existing under and by virtue of the laws of the State of New York. 3. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PENSKE TRUCK LEASING CORPORATION, was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 4. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PENSKE TRUCK LEASING CORPORATION, was and still is a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 5. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, PENSKE TRUCK LEASING CORPORATION, maintained a principal place of business in the State of New York 3 of 12 FILED: KINGS COUNTY CLERK 02/10/2021 10:38 AM INDEX NO. 503249/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2021 6. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, PENSKE TRUCK LEASING CORPORATION, conducted and carried on business in the State of New York. 7. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, PENSKE TRUCK LEASING CORPORATION, transacted business within the State of New York. 8. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, PENSKE TRUCK LEASING CORPORATION, derived substantial revenue from goods used or consumed or services rendered in the State of New York. 9. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, PENSKE TRUCK LEASING CORPORATION, expected or should have reasonably expected its acts to have consequences in the County of Kings, City and State of New York. 10. The Defendant, JOHN DOE, a driver not yet identified, at all times herein mentioned was and still is a resident of the State of New York. 11. On or about April 30, 2020, the Defendant, PENSKE TRUCK LEASING CORPORATION, was the owner of a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York. 12. On or about April 30, 2020, the Defendant, PENSKE TRUCK LEASING CORPORATION, was the lessee of a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York. 13. On or about April 30, 2020, the Defendant, PENSKE TRUCK LEASING CORPORATION, was the lessor of a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York. 4 of 12 FILED: KINGS COUNTY CLERK 02/10/2021 10:38 AM INDEX NO. 503249/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2021 14. On or about April 30, 2020, the Defendant, PENSKE TRUCK LEASING CORPORATION, was the operator of a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York. 15. On or about April 30, 2020, the Defendant, PENSKE TRUCK LEASING CORPORATION, maintained a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York. 16. On or about April 30, 2020, the Defendant, PENSKE TRUCK LEASING CORPORATION, controlled a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York. 17. On or about April 30, 2020, the Defendant, PENSKE TRUCK LEASING CORPORATION, operated, maintained and controlled a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York. 18. On or about April 30, 2020, the Defendant, PENSKE TRUCK LEASING CORPORATION, operated, maintained and/or controlled a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York, with the knowledge, permission and consent of its owner. 19. On or about April 30, 2020, the Defendant, PENSKE TRUCK LEASING CORPORATION, operated, maintained and/or controlled a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York, with the knowledge, permission and consent of its owner, JOHN DOE, a driver not yet identified. 20. On or about April 30, 2020, the Defendant, JOHN DOE, a driver not yet identified, was the owner of a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York. 5 of 12 FILED: KINGS COUNTY CLERK 02/10/2021 10:38 AM INDEX NO. 503249/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2021 21. On or about April 30, 2020, the Defendant, JOHN DOE, a driver not yet identified, was the lessee of a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York. 22. On or about April 30, 2020, the Defendant, JOHN DOE, a driver not yet identified, was the lessor of a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York. 23. On or about April 30, 2020, the Defendant, JOHN DOE, a driver not yet identified, was the operator of a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York. 24. On or about April 30, 2020, the Defendant, JOHN DOE, a driver not yet identified, maintained a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York. 25. On or about April 30, 2020, the Defendant, JOHN DOE, a driver not yet identified, controlled a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York. 26. On or about April 30, 2020, the Defendant, JOHN DOE, a driver not yet identified, operated, maintained and controlled a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York. 27. On or about April 30, 2020, the Defendant, JOHN DOE, a driver not yet identified, operated, maintained and/or controlled a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York, with the knowledge, permission and consent of its owner. 6 of 12 FILED: KINGS COUNTY CLERK 02/10/2021 10:38 AM INDEX NO. 503249/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2021 28. On or about April 30, 2020, the Defendant, JOHN DOE, a driver not yet identified, operated, maintained and/or controlled a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York, with the knowledge, permission and consent of its owner, PENSKE TRUCK LEASING CORPORATION. 29. On or about April 30, 2020, the Defendant, JOHN DOE, a driver not yet identified, was employed by Defendant, PENSKE TRUCK LEASING CORPORATION. 30. On or about April 30, 2020, the Defendant, JOHN DOE, a driver not yet identified, operated, maintained and/or controlled a certain white box truck, bearing the “PENSKE” name, with a license plate issued by the State of New York, with the knowledge, permission and consent of its owner, PENSKE TRUCK LEASING CORPORATION, within the scope of his employment. 31. That at all times herein mentioned, the roadway known as Van Siclen Avenue, at or near its intersection with Hegeman Avenue, in the County of Kings, City and State Of New York, was and still is a public roadway used extensively by the public in general. 32. That on April 30, 2020, the Plaintiff, ANTOINE PADMORE, was a pedestrian, at the hereinafter described location. 33. On or about April 30, 2020, at the aforesaid location, the aforesaid motor vehicle came into contact with the aforementioned pedestrian. 34. That the aforesaid accident and injuries resulting therefrom were due solely and wholly as the result of the careless and negligent manner in which the Defendant(s) owned, operated, maintained and/or controlled their motor vehicle, without Plaintiff(s) contributing in any way thereto. 7 of 12 FILED: KINGS COUNTY CLERK 02/10/2021 10:38 AM INDEX NO. 503249/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2021 35. That by reason of the foregoing and the negligence of the Defendant(s), the Plaintiff(s), ANTOINE PADMORE, was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled and so remained for a considerable length of time. 36. That by reason of the foregoing, the Plaintiff(s), ANTOINE PADMORE, was compelled to and did necessarily require medical aid and attention and did necessarily pay and become liable therefor for medicines and upon information and belief, the Plaintiff(s), ANTOINE PADMORE, will necessarily incur similar expenses. 37. That by reason of the foregoing, the Plaintiff(s), ANTOINE PADMORE, have been unable to attend to his usual occupation in the manner required. 38. That by reason of the wrongful, negligent and unlawful actions of the defendants, as aforesaid, the Plaintiff(s), ANTOINE PADMORE, sustained serious injuries as defined in Section 5102(d) of the Insurance Law of the State of New York, and have sustained economic loss greater than basic economic loss as defined in Section 5102 of the said Insurance Law. 39. That one or more of the provisions of §1602 of the Civil Practice Law and Rules do apply to the within action. 40. That pursuant to CPLR Section 1602(2) (iv), Defendants are jointly and severally liable for all of Plaintiff’s damages, including but not limited to Plaintiff’s non-economic loss, irrespective of the provisions of the CPLR Section 1601, by reason of the fact that Defendants owed Plaintiff a non-delegable duty of care. 41. That pursuant to CPLR Section 1602(7) Defendants are jointly and severally liable for all of Plaintiff’s damages, including but not limited to Plaintiff’s non-economic loss, 8 of 12 FILED: KINGS COUNTY CLERK 02/10/2021 10:38 AM INDEX NO. 503249/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2021 irrespective of the provisions of the CPLR Section 1601, by reason of the fact that Defendants acted with reckless disregard for the safety of others. 42. That pursuant to CPLR Section 1602(6), Defendants are jointly and severally liable for all of Plaintiff’s damages, including but not limited to Plaintiff’s non-economic loss, irrespective of the provisions of the CPLR Section 1601, by reason of the fact that Defendants should be held liable by reason of Defendants use, ownership or operation of a motor vehicle. 43. That pursuant to CPLR Section 1602(2) (iv), the Defendant owner is jointly and severally liable for all of Plaintiff’s damages, including but not limited to Plaintiff’s non-economic loss, irrespective of the provisions of the CPLR Section 1601, by reason of the fact that said is vicariously liable for the negligent acts and omissions of the defendant operator of said vehicle. 44. That pursuant to the Governor’s Declaration of Disaster Emergency in New York State in Executive Order 202 due to the COVID-19 pandemic, together with subsequently issued Executive Orders, including without limiting thereto EO 202.8, EO 202.14, EO 202.28, EO 202.48, EO 202.55, EO 202.60 and EO 202.67, the statute of limitations in the within action has been tolled and extended to remedy the Plaintiff’s inability to file the within action resulting from the Administrative Orders of the New York State Chief Administrative Judge, Lawrence K. Marks, prohibiting electronic filing and the commencement of new actions until further notice in non-essential matters, including without limiting thereto Administrative Orders AO-78-20 and AO-85-20. 45. That by reason of the foregoing, the Plaintiff(s), ANTOINE PADMORE, were damaged in an amount which exceeds the monetary jurisdictional limits of any and all lower Courts 9 of 12 FILED: KINGS COUNTY CLERK 02/10/2021 10:38 AM INDEX NO. 503249/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2021 which would otherwise have jurisdiction herein, in an amount to be determined upon trial of this action. 46. That by reason of the foregoing, the Plaintiff(s), ANTOINE PADMORE, were damaged in an amount exceeding seventy-five thousand dollars. WHEREFORE, Plaintiffs demand that the following judgments in favor of the Plaintiff, ANTOINE PADMORE, awarding damages against the defendants for an amount which exceeds the jurisdictional limits of all other Courts which would otherwise have jurisdiction herein, in an amount to be determined upon trial of this action, together with costs and disbursements of this action, and with interest from the date of the accident. Dated: New York, New York February 10, 2021 LIAKAS LAW, P.C. /s/ _______________________ BY: Dean N. Liakas, ESQ. Attorney for Plaintiff 65 Broadway, 13th Floor New York, New York 10006 (212) 937-7765 10 of 12 FILED: KINGS COUNTY CLERK 02/10/2021 10:38 AM INDEX NO. 503249/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2021 STATE OF NEW YORK ) ) ss COUNTY OF NEW YORK ) I, the undersigned, an attorney admitted to practice in the courts of New York State, state under penalty of perjury that I am one of the attorneys for the plaintiff in the within action; I have read the foregoing SUMMONS AND VERIFIED COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe to be true. The reason this verification is made by me and not by my client, is that my client is not presently in the County where I maintain my offices. The grounds of my belief as to all matters not stated upon my own knowledge are the materials in my file and the investigations conducted by my office. Dated: New York, New York February 10, 2021 LIAKAS LAW, P.C. /s/ _______________________ BY: Dean N. Liakas, ESQ. Attorney for Plaintiff 65 Broadway, 13th Floor New York, New York 10006 (212) 937-7765 11 of 12 FILED: KINGS COUNTY CLERK 02/10/2021 10:38 AM INDEX NO. 503249/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/10/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________________________________ ANTOINE PADMORE, Plaintiff(s), -against- PENSKE TRUCK LEASING CORPORATION and JOHN DOE, a driver not yet identified, Defendant(s), ______________________________________________________________________________ LIAKAS LAW, P.C. 65 Broadway, 13th Floor New York, New York 10006 212.937.7765 ______________________________________________________________________________ SUMMONS AND VERIFIED COMPLAINT ______________________________________________________________________________ STATE OF NEW YORK, COUNTY OF NEW YORK, SS: DEAN N. LIAKAS, the undersigned, an attorney admitted to practice in the Courts of New York State, affirms the following: I further certify that my signature below acts as a “certification” for the documents attached hereto, in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR). Dated: New York, New York February 10, 2021 /s/ _________________ Dean N. Liakas, Esq. ______________________________________________________________________________ PLEASE TAKE NOTICE () that the within is a (certified) true copy of a Notice of entered in the Office of the clerk of the within Entry named Court on () that an Order of which the within is a true copy will be presented for Notice of settlement to the Hon. one of the Judges of the Settlement within named Court, on at ______________________________________________________________________________ 12 of 12