Preview
FILED: QUEENS COUNTY CLERK 02/11/2021 01:09 PM INDEX NO. 703337/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF QUEENS Date Purchased:
---------------------------------
----------------------X
JANET LEE, SUMMONS
Plaintiff, Plaintiff designates Queens
County as the place of trial.
-against-
The basis of venue is:
"JOHN DOE", the entire name being fictitious, Plaintiff's Residence
itbeing intended to designate the operator of the vehicle
mentioned herein after, and E. J. MOLINAESPINOZA,
County of Queens
Defendants.
.---·-----------------------
---------------X
To the above named Defendants:
You are hereby summoned to answer the complaint in this action, and to serve a
copy of your âñswer, or, ifthe complaint is not served with this summons, to serve a notice of
appearance on the plaintiffs attorneys within twenty days after the service of this su-ons,
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: Queens, New York - •
February 10, 2021
Benjamin Hahm Esq.
B HAHM LAW P.C.
Attorneys for Plaintiff
JANET LEE
218-10 Northern Blvd. Suite 207
Bayside, New York 11361
718-229-8080
Our File No.: NY-1902-20-3
TO:
E. J. MOLINAESPINOZA
314 LINDEN ST., 3F
BROOKLYN, NY 11237
FN: NY-1902-20-3
BH
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FILED: QUEENS COUNTY CLERK 02/11/2021 01:09 PM INDEX NO. 703337/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF QUEENS Date Purchased:
------------- --------------------------------------------------------X
JANET LEE, VERIFIED COMPLAINT
Plaintiff,
-against-
"JOHN DOE", the entire name being fictitious,
itbeing intended to designate the operator of the vehicle
mentioned herein after, and E. J. MOLINAESPINOZA,
Defendants.
----------------------------------------------------------------------X
Plaintiff3 by her attorneys, B HAHM LAW P.C., comphirjng of the defendants,
respectfully alleges, upon information and beliefs that:
1. At all times herein mentioned, Plaintiff JANET LEE was and stillis a resident of the
County of Queens, State of New York.
2. At all times herein mentioned, Defeñdañt E. J. MOLINAESPINOZA was, and still is,a
resident of the County of Kings, State of New York.
DOE"
3. At all times herein mentioned, Defendant "JOHN was the owner of a 2018
Mitsubishi motor vehicle bearing New York State registration number HHK6572.
4. At all times herein Dafandant E. J. MOLINAESPINOZA was the owner of a
mentioned,
2018 Mitsubishi motor vehicle bearing New York State registration number HHK6572.
DOE"
5. At all times herein mentioned, Defendant "JOHN managed the aforementioned
motor vehicle.
6. At all times herein mentioned, Defendant E. J. MOLINAESPINOZA mar.aged the
aforementioned motor vehicle.
FN: NY-1902-20-3
BH
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FILED: QUEENS COUNTY CLERK 02/11/2021 01:09 PM INDEX NO. 703337/2021
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DOE"
7. At all times herein mentioned, Defendant "JOHN msiñ±sirad the aforementioned
motor vehicle.
8. At all times herein mentioned, Defendant E. J. MOLINAESPINOZA maintained the
aforementioned motor vehicle.
DOE"
9. At all times herein mentioned, Defendant "JOHN controlled the aforementioned
motor vehicle.
10. At all times herein mentioned, Defendant E. J. MOLINAESPINOZA controlled the
aforementioned motor vehicle.
DOE"
11. At all times herein mentioned, Defendant "JOHN operated the aforementioned
motor vehicle with the knowledge of Defendant E. J. MOLINAESPINOZA.
DOE"
12. At all times herein mentioned, Defendant "JOHN operated the aforementioned
motor vehicle with the permission of the defendant E. J. MOLINAESPINOZA.
DOE"
13. At all times herein mentioned, Defendant "JOHN operated the aforementioned
motor vehicle with the consent of the defendant E. J. MOLINAESPINOZA.
DOE"
14. On March 8, 2020, Defendant "JOHN was operating the vehicle owned by
Defendant E. J. MOLINAESPINOZA.
Defendant DOE"
15. On March 8, 2020, "JOHN was operating his motor vehicle.
16. On March 8, 2020, Plaintiff JANET LEE was a lawful bicyclist.
DOE"
17. On March 8, 2020, the motor vehicle owned and operated by Defendant "JOHN
and the Plaintiff JANET LEE were in contact.
18. On March 8, 2020, the motor vehicle owned by Defendant E. J. MOLINAESPINOZA
DOE"
and operated by Defendant "JOHN were in contact with the Plaintiff JANET LEE.
FN: NY-1902-20-3
BH
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FILED: QUEENS COUNTY CLERK 02/11/2021 01:09 PM INDEX NO. 703337/2021
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DOE"
19. On March 8, 2020, the motor vehicle owned and operated by Defendant "JOHN
came in contact with the Plaintiff JANET LEE.
20. On March 8, 2020, the motor vehicle owned by Defendant E. J. MOLINAESPINOZA
DOE"
and operated by Defendant "JOHN came in ecñtact with Plaintiff JANET LEE.
21. On March 8, 2020 and at alltimes herein mentioned, the occurrence mentioned herein took
84* 63rd
place at or near the intersection of Street and Avenue in the County of Queens, State of
New York.
22. As a result of the aforesaid contact, Plaintiff JANET LEE was injured.
23. 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.
24. Defendañts were negligent, careless and reckless in the ownership, operation, mâñagement,
maintenance, supervision, use and control of the aforesaid vehicle and the defendants were
otherwise negligent, careless, and reckless under the circumstances then and there prevailiñg.
25. reason of the foregoing, Plaintiff JANET LEE sustained severe and per-rent
By
personal injuries.
26. Plaintiff JANET LEE was otherwise damaged.
27. Plaintiff JANET LEE sustained serious injuries as defined by §5102 (d) of the Insurance
Law of the State of New York.
28. Plaintiff JANET LEE sustained serious iñjuries and economic loss greater than basic
economic loss as defined by §5104 of the Insurance Law of the State of New York.
29. Plaintiff JANET LEE is not seeking to recover any damages for which the plaintiff has
been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated to
FN: NY-1902-20-3
BH
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FILED: QUEENS COUNTY CLERK 02/11/2021 01:09 PM INDEX NO. 703337/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021
reimburse. Plaintiff is seeking to recover only those damages not recoverable through no-fault
insurance under the facts and circums'sñces in this action.
30. This action falls within one or more of the exceptions as set forth in C.P.L.R. §1602.
31. reason of the foregoing, Plaintiff JANET LEE has been d=:ged in a sum which
By
exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdiction.
WHEREFORE, Plaintiff demands judgment against the defendant 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: Queens, New York
February 10, 2021
Benjamin Hahm
FN: NY-1902-20-3
BH
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FILED: QUEENS COUNTY CLERK 02/11/2021 01:09 PM INDEX NO. 703337/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021
PLAINTIFF'S VERIFICATION
STATE OF NEW YORK
ss:
COUNTY OF QUEENS
JANET LEE, being duly sworn, says:
1am the plaintiffin the action herein: I have read the annexed VERIFIED 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 personal files.
DATED: Queens, New York
fgh t \ , 2021
J T LE
Swom to beforeme this day of - , 2021
HAHM YORK
S. NEW
BENJAMIN OF
TATE
PUBUC-S
02HA6188042
County
NOTARY Westchester
No. 06-02-20
in Expires
ualif ied
Q Commission
My
FN: NY-1902-20-3
BH
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FILED: QUEENS COUNTY CLERK 02/11/2021 01:09 PM INDEX NO. 703337/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OUEENS Index No.
JANET LEE,
Plaintiff,
-against-
"JOHN DOE", the entire name being fictitious,
itbeing intended to desigñate the operator of the vehicle mentioned herein after,
and E. J. MOLINAESPINOZA,
Defendants.
SUMMONS & VERIFIED COMPLAINT
B HAHM LAWP.C.
Attorneys for Plaintiff
JANET LEE
Office & P.O. Address
218-10 Northern Blvd. - Suite 207
Bayside, New York 11361
(718) 229-8080
TO:
Serviceof a copyof the within is herebyadmitted.
Dated:
Attorneys for
NOTICE OF ENTRY:
PLEASE TAKE NOTICE thatthe withinis a true
copy ofan orderenteredin office
of the Clerkof the above
Court on
NOTICE OF SETTLEMENT:
PLEASE TAKE NOTICE that propossi
the within orderwillbe presentedforsettlementand entryat the C::±:::: on
at 10:00a.m. at the office
of the Clerkofthe Part of this
Court where the within
described motion was heard.
CERTIFICATION
I hereby that,
certify to the best of
my kñcw!cdge, id-=*½n and belief,
the prescntatio::
of SUMMONS & VERIFIED
COMPLAINT and the cententions are not
therein frivolousas defmed in Subsecten(c) ofSection130-1.1 ofthe Rulesof the
Chief AM±rator (22NYCRR).
Dated: Queens, New York
February 10, 2021
BENJAMIN. HAHM
Attorneys forPlaintiff
As Designated Above
FN:NY-1902-20-3
BH
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Preview
FILED: QUEENS COUNTY CLERK 02/11/2021 01:09 PM INDEX NO. 703337/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF QUEENS Date Purchased: --------------------------------- ----------------------X JANET LEE, SUMMONS Plaintiff, Plaintiff designates Queens County as the place of trial. -against- The basis of venue is: "JOHN DOE", the entire name being fictitious, Plaintiff's Residence itbeing intended to designate the operator of the vehicle mentioned herein after, and E. J. MOLINAESPINOZA, County of Queens Defendants. .---·----------------------- ---------------X To the above named Defendants: You are hereby summoned to answer the complaint in this action, and to serve a copy of your âñswer, or, ifthe complaint is not served with this summons, to serve a notice of appearance on the plaintiffs attorneys within twenty days after the service of this su-ons, 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: Queens, New York - • February 10, 2021 Benjamin Hahm Esq. B HAHM LAW P.C. Attorneys for Plaintiff JANET LEE 218-10 Northern Blvd. Suite 207 Bayside, New York 11361 718-229-8080 Our File No.: NY-1902-20-3 TO: E. J. MOLINAESPINOZA 314 LINDEN ST., 3F BROOKLYN, NY 11237 FN: NY-1902-20-3 BH 1 of 7 FILED: QUEENS COUNTY CLERK 02/11/2021 01:09 PM INDEX NO. 703337/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF QUEENS Date Purchased: ------------- --------------------------------------------------------X JANET LEE, VERIFIED COMPLAINT Plaintiff, -against- "JOHN DOE", the entire name being fictitious, itbeing intended to designate the operator of the vehicle mentioned herein after, and E. J. MOLINAESPINOZA, Defendants. ----------------------------------------------------------------------X Plaintiff3 by her attorneys, B HAHM LAW P.C., comphirjng of the defendants, respectfully alleges, upon information and beliefs that: 1. At all times herein mentioned, Plaintiff JANET LEE was and stillis a resident of the County of Queens, State of New York. 2. At all times herein mentioned, Defeñdañt E. J. MOLINAESPINOZA was, and still is,a resident of the County of Kings, State of New York. DOE" 3. At all times herein mentioned, Defendant "JOHN was the owner of a 2018 Mitsubishi motor vehicle bearing New York State registration number HHK6572. 4. At all times herein Dafandant E. J. MOLINAESPINOZA was the owner of a mentioned, 2018 Mitsubishi motor vehicle bearing New York State registration number HHK6572. DOE" 5. At all times herein mentioned, Defendant "JOHN managed the aforementioned motor vehicle. 6. At all times herein mentioned, Defendant E. J. MOLINAESPINOZA mar.aged the aforementioned motor vehicle. FN: NY-1902-20-3 BH 2 of 7 FILED: QUEENS COUNTY CLERK 02/11/2021 01:09 PM INDEX NO. 703337/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 DOE" 7. At all times herein mentioned, Defendant "JOHN msiñ±sirad the aforementioned motor vehicle. 8. At all times herein mentioned, Defendant E. J. MOLINAESPINOZA maintained the aforementioned motor vehicle. DOE" 9. At all times herein mentioned, Defendant "JOHN controlled the aforementioned motor vehicle. 10. At all times herein mentioned, Defendant E. J. MOLINAESPINOZA controlled the aforementioned motor vehicle. DOE" 11. At all times herein mentioned, Defendant "JOHN operated the aforementioned motor vehicle with the knowledge of Defendant E. J. MOLINAESPINOZA. DOE" 12. At all times herein mentioned, Defendant "JOHN operated the aforementioned motor vehicle with the permission of the defendant E. J. MOLINAESPINOZA. DOE" 13. At all times herein mentioned, Defendant "JOHN operated the aforementioned motor vehicle with the consent of the defendant E. J. MOLINAESPINOZA. DOE" 14. On March 8, 2020, Defendant "JOHN was operating the vehicle owned by Defendant E. J. MOLINAESPINOZA. Defendant DOE" 15. On March 8, 2020, "JOHN was operating his motor vehicle. 16. On March 8, 2020, Plaintiff JANET LEE was a lawful bicyclist. DOE" 17. On March 8, 2020, the motor vehicle owned and operated by Defendant "JOHN and the Plaintiff JANET LEE were in contact. 18. On March 8, 2020, the motor vehicle owned by Defendant E. J. MOLINAESPINOZA DOE" and operated by Defendant "JOHN were in contact with the Plaintiff JANET LEE. FN: NY-1902-20-3 BH 3 of 7 FILED: QUEENS COUNTY CLERK 02/11/2021 01:09 PM INDEX NO. 703337/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 DOE" 19. On March 8, 2020, the motor vehicle owned and operated by Defendant "JOHN came in contact with the Plaintiff JANET LEE. 20. On March 8, 2020, the motor vehicle owned by Defendant E. J. MOLINAESPINOZA DOE" and operated by Defendant "JOHN came in ecñtact with Plaintiff JANET LEE. 21. On March 8, 2020 and at alltimes herein mentioned, the occurrence mentioned herein took 84* 63rd place at or near the intersection of Street and Avenue in the County of Queens, State of New York. 22. As a result of the aforesaid contact, Plaintiff JANET LEE was injured. 23. 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. 24. Defendañts were negligent, careless and reckless in the ownership, operation, mâñagement, maintenance, supervision, use and control of the aforesaid vehicle and the defendants were otherwise negligent, careless, and reckless under the circumstances then and there prevailiñg. 25. reason of the foregoing, Plaintiff JANET LEE sustained severe and per-rent By personal injuries. 26. Plaintiff JANET LEE was otherwise damaged. 27. Plaintiff JANET LEE sustained serious injuries as defined by §5102 (d) of the Insurance Law of the State of New York. 28. Plaintiff JANET LEE sustained serious iñjuries and economic loss greater than basic economic loss as defined by §5104 of the Insurance Law of the State of New York. 29. Plaintiff JANET LEE is not seeking to recover any damages for which the plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated to FN: NY-1902-20-3 BH 4 of 7 FILED: QUEENS COUNTY CLERK 02/11/2021 01:09 PM INDEX NO. 703337/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 reimburse. Plaintiff is seeking to recover only those damages not recoverable through no-fault insurance under the facts and circums'sñces in this action. 30. This action falls within one or more of the exceptions as set forth in C.P.L.R. §1602. 31. reason of the foregoing, Plaintiff JANET LEE has been d=:ged in a sum which By exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff demands judgment against the defendant 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: Queens, New York February 10, 2021 Benjamin Hahm FN: NY-1902-20-3 BH 5 of 7 FILED: QUEENS COUNTY CLERK 02/11/2021 01:09 PM INDEX NO. 703337/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 PLAINTIFF'S VERIFICATION STATE OF NEW YORK ss: COUNTY OF QUEENS JANET LEE, being duly sworn, says: 1am the plaintiffin the action herein: I have read the annexed VERIFIED 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 personal files. DATED: Queens, New York fgh t \ , 2021 J T LE Swom to beforeme this day of - , 2021 HAHM YORK S. NEW BENJAMIN OF TATE PUBUC-S 02HA6188042 County NOTARY Westchester No. 06-02-20 in Expires ualif ied Q Commission My FN: NY-1902-20-3 BH 6 of 7 FILED: QUEENS COUNTY CLERK 02/11/2021 01:09 PM INDEX NO. 703337/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/11/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OUEENS Index No. JANET LEE, Plaintiff, -against- "JOHN DOE", the entire name being fictitious, itbeing intended to desigñate the operator of the vehicle mentioned herein after, and E. J. MOLINAESPINOZA, Defendants. SUMMONS & VERIFIED COMPLAINT B HAHM LAWP.C. Attorneys for Plaintiff JANET LEE Office & P.O. Address 218-10 Northern Blvd. - Suite 207 Bayside, New York 11361 (718) 229-8080 TO: Serviceof a copyof the within is herebyadmitted. Dated: Attorneys for NOTICE OF ENTRY: PLEASE TAKE NOTICE thatthe withinis a true copy ofan orderenteredin office of the Clerkof the above Court on NOTICE OF SETTLEMENT: PLEASE TAKE NOTICE that propossi the within orderwillbe presentedforsettlementand entryat the C::±:::: on at 10:00a.m. at the office of the Clerkofthe Part of this Court where the within described motion was heard. CERTIFICATION I hereby that, certify to the best of my kñcw!cdge, id-=*½n and belief, the prescntatio:: of SUMMONS & VERIFIED COMPLAINT and the cententions are not therein frivolousas defmed in Subsecten(c) ofSection130-1.1 ofthe Rulesof the Chief AM±rator (22NYCRR). Dated: Queens, New York February 10, 2021 BENJAMIN. HAHM Attorneys forPlaintiff As Designated Above FN:NY-1902-20-3 BH 7 of 7