Preview
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:
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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),
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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.
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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
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SUPREME COURT OF THE STATE OF NEW YORK FILED:
COUNTY OF KINGS INDEX NO:
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ANTOINE PADMORE, VERIFIED COMPLAINT
Plaintiff(s),
-against-
PENSKE TRUCK LEASING CORPORATION and
JOHN DOE, a driver not yet identified,
Defendant(s),
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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
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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.
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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.
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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.
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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.
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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,
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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
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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
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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
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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
______________________________________________________________________________
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