Complaint,Petition: Jheanell M Fraser v. Jorge V Saquicela, Juan Pablo Pelaez Vera, John C Lulka

On April 09, 2021 a Complaint,Petition was filed involving a dispute between Jheanell M Fraser, and John C Lulka, Jorge V Saquicela, Juan Pablo Pelaez Vera, for Torts - Motor Vehicle in the District Court of Queens County.

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FILED: QUEENS COUNTY CLERK 04/09/2021 02:23 PM INDEX NO. 708267/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021

SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF QUEENS Date Purchased:
_______________________. X SUMMONS
JHEANELL M. FRASER,

Plaintiff designates Quenns
Plaintiff, County as the place of trial.

-against-
The basis of venue is:
Defendant's residence.
JORGE V. SAQUICELA, JUAN PABLO PELAEZ VERA,
AND JOHN C. LULKA, Defendant resides at:
8015 41st Ave, #524
Defendants, Elmhurst, NY 11373

X of Queens.
County

To the above named Defendants:

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 Plaintiffs attorneys within twenty days after the
service of this summons, 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: Brooklyn, New York
April 2, 2021

AKIVA OFSHTEIN, ESQ
OFSHTEIN LAW FIRM, P. C.
Attorneys for Plaintiff
JHEANELL M. FRASER
29th 2nd
15 Bay Street, FlOOr

Brooklyn, New York 11214

(718) 455-5252
Our File No. 20MVL6968

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TO:

JORGE V. SAQUICELA
8015 41 AVENUE, #524

ELMHURST, NY 11373

JUAN PABLO PELAEZ VERA
91 SCHOOL ROAD, FLOOR 3

ELMONT, NY 11003

JOHN C. LULKA
149 EMPORIA AVENUE
ELMONT, NY 11003

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SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF QUEENS Date Purchased:
------------- -------------------------- ----X
JHEANELL M. FRASER, VERIFIED COMPLAINT

Plaintiff,

-against-

JORGE V. SAQUICELA, JUAN PABLO PELAEZ VERA,
AND JOHN C. LULKA,

Defendants,

-------- --¬-------------------------- -------X

Plaintiff, JHEANELL M. FRASER, by her attorneys, OFSHTEIN LAW

FIRM, P. C., comp!sising of the Defendants, JUAN PABLO PELAEZ VERA,

JORGE V. SAQUICELA, AND JOHN C. LULKA, herein, respectfully allege, upon

information and belief, as follows:

1. At alltimes herein mentioned, Plaintiff, JHEANELL M. FRASER, was

and stillis a resident of the County of Nassau, City and State of New York.

2. At all times herein mentioned, Defendant, JORGE V. SAQUICELA, was

and stillis a resident of the County of Queens, City and State of New York.

3. At all times herein mentioned, Defendant, JUAN PABLO PELAEZ

VERA, was and stillis a resident of the County of Nassau, City and State of New York.

4. At all times herein mentioned, Defendant, JOHN C. LULKA, was and

stillis a resident of the County of Nassau, City and State of New York.

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AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF
JHEANELL M. FRASER AGAINST DEFENDANTS JORGE V. SAQUICELA
AND JUAN PABLO PELAEZ VERA

5. At all times herein mentioned, Defendant, JORGE V. SAQUICELA, was

the registered owner of a 1999 Toyota, motor vchicle, State of New York
bearing

registration number JCF3199.

6. At alltimes herein mentioned, Defendant, JORGE V. SAQUICELA, was

the lessor of a 1999 Toyota, motor vehicle, bearing State of New York registration

number JCF3199.

7. At alltimes herein mentioned, Defendant, JORGE V. SAQUICELA, was

the lessee of a 1999 Toyota, motor vehicle, bearing State of New York registration

number JCF3199.

8. At all times herein mentioned, Defendant, JUAN PABLO PELAEZ

VERA, was the operator of a 1999 Toyota, motor vehicle, bearing State of New York

registration number JCF3199.

9. At all times herein mentioned, Defendant, JUAN PABLO PELAEZ

VERA, was controlling the 1999 Toyota, motor vehicle, bearing State of New York

registration number JCF3199.

10. At all times herein mentioned, Defendant, JUAN PABLO PELAEZ

VERA, was controlling the 1999 Toyota, motor vehicle, bearing State of New York

registration number JCF3199, with the knowledge of the defendant owner.

11. At all times herein mentioned, Defendant, JUAN PABLO PELAEZ

VERA, was controlling 1999 Toyota, motor vehicle, bearing State of New York

registration number JCF3199, with the permission of the defendant owner.

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12. At all times herein mentioned, Defendant, JUAN PABLO PELAEZ

VERA, was controlling the 1999 Toyota, motor vehicle, bearing State of New York

registration number JCF3199, with the express consent of the defendant owner.

13. At all times herein mentioned, Defendant, JUAN PABLO PELAEZ

VERA, was controlling the 1999 Toyota, motor vehicle, bearing State of New York

registration ñümber JCF3199, with the implied consent of the defcñdañt owner.

14. That on September 15, 2020, Defendant, JUAN PABLO PELAEZ

VERA, was operating and controlling the 1999 Toyota, motor vehicle, bearing State of

New York registration number JCF3199, on the Hempstead Turnpike at itsintersection

with Benson Avenue, in County of Nassau, City and State of New York.

15. At the aforesaid date and place, Plaintiff, JHEANELL M. FRASER, was

lawfully operating a 2014 Toyota, motor vehicle, bearing State of New York registration

number GXD6025, when defendants motor vehicle forcibly, without warning, collided

with the vehicle of the plaintiff.

I6. That as a result of the aforesaid contact, Plaintiff, JHEANELL M.

FRASER, was injured.

17. That 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.

18. That Defendants were negligent, careless and reckless in the ownership,

operation, managemcñt, maintcñance, supervision, use and control of the aforesaid

vehicles and the Defendants were otherwise negligent, careless, and reckless under the

circumstances then and there prevailing.

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19. That by reason of the foregoing, Plaintiff, JHEANELL M. FRASER,

sustained severe and permanent personal injuries; and Plaintiff, JHEANELL M.

FRASER, was otherwise damaged.

20. That Plaintiff, JHEANELL M. FRASER, sustained serious injuries as

defined by §5102(d) of the Insurance Law of the State of New York.

21. That Plaintiff, JHEANELL M. FRASER, 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.

22. That PlaintitT, JHEANELL M. FRASER, is not seeking to recover any

da-ages for which Plaintiff has been reimbursed by no-fault insurance and/or for which

no-fault insurance is obligated to reimburse Plaintiff. Plaintiff is seeking to recover only

those damages not recoverable through no-fault insurance under the facts and

circumstances herein.

23. That this action falls within one or more of the exceptions set forth in

CPLR §1602.

24. That by reason of the foregoing, Plaintiff, JHEANELL M. FRASER, has

been damaged in a sum which exceeds the jurisdictional limits of all lower courts which

would otherwise have jurisdiction.

AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF
JHEANELL M. FRASER AGAINST DEFENDANT JOHN C. LULKA

25. Plaintiff, JHEANELL M. FRASER, repeats, reiterates and realleages

1" 24"
each and every allegation contained in paragraphs through with the same force and

effect as though each were more fully set forth at length herein.

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26. At all times herein mentioned, Defendant JOHN C. LULKA, was the

registered owner of a 2016 Hyundai, motor vehicle, bearing State of New York

registration number FFM2380.

27. At all times he ein mentioned, Defendant, JOHN C. LULKA, was the

lessor of a 2016 Hyundai, motor vehicle, bearing State of New York registration number

FFM2380.

28. At all times herein mentioned, Defendant, JOHN C. LULKA, was the

lessee of a 2016 Hyundal, motor vehicle, bearing State of New York registration number

FFM2380.

29. At all times herein mentioned, Defendant, JOHN C. LULKA, was the

operator of a 2016 Hyundai, motor vehicle, bearing State of New York registration

number FFM2380.

30. At all times herein mentioned, Defendant, JOHN C. LULKA, was

controlling the 2016 Hyundai, motor vehicle, bearing State of New York registration

number FFM2380.

31. That on September 15, 2020, Defendant, JOHN C. LULKA, was

operating and controlling the 2016 Hyundai, motor vehicle, bearing State of New York

registration number FFM2380, on the Hempstead Turnpike at itsintersection with

Benson Avenue, in County of Nassau, City and State of New York.

32. At the aforesaid date and place, Plaintiff, JHEANELL M. FRASER, was

lawfully operating a 2014 Toyota, motor vehicle, bearing State of New York registration

number GXD6025, when defendants motor vehicle forcibly, without warning, collided

with the vehicle of the plaintiff.

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33. That as a result of the aforesaid contact, Plaintiff, JHEANELL M.

FRASER, was injured.

34. That 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.

35. That Defendants were negligent, careless and reckless in the ownership,

operation, managemeñt, maintenance, supervision, use and control of the aforesaid

vehicles and the Defendants were otherwise negligent, careless, and reckless under the

circumstances then and there prevailing.

36. That by reason of the foregoing, Plaintiff, JHEANELL M. FRASER,

sustained severe and permanent personal injuries; and Plaintiff, JHEANELL M.

FRASER, was otherwise damaged.

37. That Plaintiff, JHEANELL M. FRASER, sustained serious injuries as

defined by §5102(d) of the Insurance Law of the State of New York.

38. That Plaintiff, JHEANELL M. FRASER, smtained serious injuries and

economic loss greater than basic economic loss as defined by §5104 of the lñsurañce Law

of the State of New York.

39. That Plaintiff, JHEANELL M. FRASER, is not seeking to recover any

daniages for which Plaintiff has been reimbursed by no-fault iñsuraiice and/or for which

no-fault insurance is obligated to reimburse Plaintiff. Plaintiff is seeking to recover only

those damages not recoverable through no-fault insurance under the facts and

circumstances herein.

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40. That this action falls within one or more of the exceptions set forth in

CPLR §1602.

41. That by reason of the foregoing, Plaintiff, JHEANELL M. FRASER, has

been damaged in a sum which exceeds the jurisdictional limits of all lower courts which

would otherwise have jurisdiction.

WHEREFORE, Plaintiff, JHEANELL M. FRASER, demãñd judgmeñt against the

Defendañts, JUAN PABLO PELAEZ VERA, JORGE V. SAQUICELA, and JOHN

C. LULKA, herein on allcauses of action, 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: Brooklyn, New York
April 2, 2021

AKIVA OFSHTEIN, ESQ
OFSHTEIN LAW FIRM, P. C.

Attorneys for Plaintiff
JHEANELL M. FRASER
29* 2nd
15 Bay Street, FloOr

Brooklyn, New York 11214

(718) 455-5252
Our File No. 20MVL6968

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VE RICA TION

STATE OF NEW YORK)ss:
COUNTY OF KINGS)

N. |- sP < baing duly sworn,depolelanl Nays%et
dcymsssccst iS tha
c»mscnt in the within schon; that deyonent hss read the faISNoisg
VRRIHKS SXMMOM AN9 COMPLAXNT, and knows the contents thereof; that the
IS treelO S OWn CXCCpt as ta Stcted tO be

~
SNne dC$%llOIII hIOWIedaes makers therein
aMSNed inkemation and beVief,and thatss to those lecncssL depenent believes itto
be true.

Swam to meme tMS +day,
Of I i

c,State of New York I
Egg~e Kscsitcvlctl
Cotmnisshner of Deeds
Hew No. 5-1863
City of Vodt,
R''" " Coun
Cert. Piled ia
P.upas
Comttiissioa ost h4ay 01,

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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS Index No.:

JHEANELL M. FRASER,

Plaintiff,

-against-

JORGE V. SAQUICELA, JUAN PABLO PELAEZ VERA, AND JOHN C. LULKA,

Defendants,

SUMMONS AND VERIFIED COMPLAINT

O FSHTEIN LAW FIRM PC
Attorneys for Plaintiff
15 29th 2nd Floor
Bay Street,
Brooklyn, New York 11214
718.455-5252

Pursuant to 22 NYCRR 130-1.1, the üñdersigñéd, an attorney duly admitted to practice law before the Court of
State ofNew York,certifiesthat, upon information and beliefand reasonable inquiry,the contention contained
in an âññéxed hereto document are notfrivolous.

Dated:
Signature
Name:

Service of a copy of the within ishereby admined.

Dated:

Attorneys for Plaintiff
___ __
PLEASE TAKE NOTICE:

O NOTICE OF ENTRY

thatthe within isa (certified)true copy of a

entered in the officeof the clerk of the within named Court on ,20

O NOTICE OF SETTLEMENT

thatan Order of which the within is a truecopy will be presented for settlement to the Hon. one of

the judges of the within named Court, at on 201_, at M.

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