Preview
FILED: BRONX COUNTY CLERK 04/09/2021 12:05 PM INDEX NO. 804880/2021E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021
SUPREME COURT OF THE STATE OF NEW YORK Index #
COUNTY OF BRONX Date Filed:
------------------------------ ----------------------------------X
LORENZO FERNANDEZ, SUMMONS
Plaintiff, Plaintiff designates Bronx
County as the place of trial.
-against-
The basis of venue is Plaintiff's
KALIFALA A. KONNEH, residence.
Plaintiff resides at
Defendant, 2265 Grand Avenue, Apt #1D
----------------------------------------- ---
-----------------X Bronx, NY 10453
County of Bronx.
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to appear in this action by serving a notice
of appearance on plaintiff's attorneys within 20 days after service of this summons, exclusive of
the day of service, or within 30 days after service is complete if this summons is not personally
delivered to you within the State of New York. In case of your failure to answer, Judgment will
be taken against you by default for the relief demanded in the Complaint.
DATED: Brooklyn, New York
April 7, 2021
Yours, etc.,
AKIVA OFSHTEIN
OFSHTEIN LAW FIRM, P.C.
Attorney for Plaintiff
LORENZO FERNANDEZ
29th 2nd
15 Bay Street, FlOOr
Brooklyn, NY 11214
(718)455-52
File # 20 L653
BY:
AKIVA OFSHTEIN, ESQ.
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DEFENDANT
ADDRESS:
KALIFALA A. KONNEH
1048 SHERIDAN AVENUE, APT# 5C
BRONX, NY 10456
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SUPREME COURT OF THE STATE OF NEW YORK VERIFIED COMPLAINT
COUNTY OF BRONX Index No.:
--- --------------------------- ------ -------X
LORENZO FERNANDEZ,
Plaintiff,
-against-
KALIFALA A. KONNEH,
Defendant,
.------ .... -------------------------X
Plaintiff, LORENZO FERNANDEZ, by his attorneys, OFSHTElN LAW FIRM,
P.C., complëñing of the Defendant, KALIFALA A. KONNEH, herein, respectfully alleges
upon information and belief as follows:
1. Plaintiff, LORENZO FERNANDEZ, was and still is a resident of the
County of Bronx, City and State of New York.
2. Defendant, KALIFALA A. KONNEH, was and still is a resident of the
County of Bronx, City and State of New York.
3. That on June 28, 2020, Defendant, KALIFALA A. KONNEH, was the
registered owner of a 2016 Chrysler, motor vehicle, bearing State of Texas, registration nurnber
75082Y3.
4. That on June 28, 2020, Defendant, KALIFALA A. KONNEH, was the
lessor of the 2016 Chrysler, motor vehicle, bearing State of Texas, registration number 75082Y3.
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5. That on June 28, 2020, Defendant, KALIFALA A. KONNEH, was the
lessee of the 2016 Chrysler, motor vehicle, bcâring State of Texas, registration number 75082Y3.
6. That on June 28, 2020, Defendant, KALIFALA A. KONNEH, was the
operator of the 2016 Chrysler, motor vehicle, bearing State of Texas, registration number
75082Y3.
7. That on June 28, 2020, Defendant KALIFALA A. KONNEH, was
controlling the 2016 Chrysler, motor vehicle, beariñg State of Texas, registration number
75082Y3.
8. That on June 28, 2020, Defendant, KALIFALA A. KONNEH, was
operating and controlling the 2016 Chrysler, motor vchicle, bearing State of Texas, registration
166"'
number 75082Y3, on East Street at its intersection with Sheridan Avenue, County of
Bronx, City and State of New York.
9. At the aforesaid time and place, Plaintiff, LORENZO FERNANDEZ,
was a lawfully operating a 2010 Honda, motor vehicle, bearing State of New York registration
number GWH9769, when defendants motor vehicle forcibly, without warning, collided with the
vehicle of the plaintiff.
10. Plaintiff, LORENZO FERNANDEZ, was injured.
11. Plaintiff, LORENZO FERNANDEZ, was seriously injured.
12. Plaintiff, LORENZO FERNANDEZ, has c11chined a serious injury as
defined by Article 51 of the Insurance Law, or economic loss greater than basic economic loss as
defined by Article 51 of the Insurance Law 52.
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13. This action falls within one or more of the exceptions set forth in CPLR
1602.
14. The aforesaid occurrence and resulting injuries to the plaintiff were due
solely to the carelessness, recklessness and negligence of the defendant in the ownership,
operation, mãñâgement, inspection, maintcñance, supervision, repair and control of the above
mentioned motor vehicle.
15. By reason of the foregoing, Plaintiff, LORENZO FERNANDEZ, has
been damaged has been darnaged in a sum which exceeds the jurisdictional limits of all lower
courts.
WHEREFORE, Plaintiff, LORENZO FERNANDEZ, deniands judgment against the
Defendañt, KALIFALA A. KONNEH, in an amount that exceeds the jurisdictional limits of all
inferior trial courts in this State, together with the costs and disbursements of this action, and for
such other and further relief as this Court may deem just, equitable and proper action.
DATED: Brooklyn, New York
April 7, 2021
Yours, etc.,
AKIVA OFSHTEIN
OFSHTEIN LAW FIRM, P.C.
Attorney for Plaintiff
LORENZO FERNANDEZ
29°¹ 2nd
15 Bay Street, FloOr
Brooklyn, NY I 1214
(718)455-5252
File # 20M 6532
BY:
AKIVA OFSHTEIN, ESQ.
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ATTORNEY VERIFICATION
The undersigned, an attorney admitted to practice in the Courts of New York
State, states that I am the attorney of record for the Plaintiff, LORENZO FERNANDEZ, in the
within action; I have read the foregoing VERIFIED SUMMONS AND COMPLAINT and know
the contents thereof; the same is true to my own knowledge, except as to the matters stated to be
alleged on information and belief, and as to those matters I believe same to be true. This
verification is made by affirmant because the above-named plaintiff is not within and/or does not
maintain a principle place of business in the of Kings, wherein this office is located. The
County
grounds of belief as to all matters not stated upon personal knowledge are information contained
in the ofñce file, investigation and/or conversations with the above-named plaintiff.
I affirm the foregoing statement is true, under the penalty of perjury.
Dated: Brooklyn, New York
April 7, 2021
AKIVA OFSHTEIN, ESQ.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF Bronx Index No.:
LORENZO FERNANDEZ,
Plaintiff,
-against-
KALIFALA A. KONNEH,
Defendant,
SUMMONS AND VERIFIED COMPLAINT
0FSHTEIN LAW FIRM PC
Attorneys for Plaintiff
15 Bay 29th Street, 2nd Floor
Brooklyn, New York 11214
718.455-5252
Pursuâñt to 22 NYCRR 130-1.1, the üñà érsigned, an octorñëy duly admitted to practice law before the Court of
State New York, certifies that, upon iñforiñütion and belief and reüscñüble inquiry, the contention contained
of
in an annexed hereto document are not frivolous.
Dated:
Signature ____
Name:
Service of a copy of the within is hereby admitted.
Dated:
____
Attorneys for Plaintiff
PLEASE TAKE NOTICE:
O NOTICE OF ENTRY
that the within is a (certified) true copy of a
entered in the office of the clerk of the within named Court on ,20
O NOTICE OF SETTLEMENT
that an Order of which the within is a true copy will be pi t-se ted for settlement to the Hon. one of
the judges of the within named Court, at on 201 at M.
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Preview
FILED: BRONX COUNTY CLERK 04/09/2021 12:05 PM INDEX NO. 804880/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK Index # COUNTY OF BRONX Date Filed: ------------------------------ ----------------------------------X LORENZO FERNANDEZ, SUMMONS Plaintiff, Plaintiff designates Bronx County as the place of trial. -against- The basis of venue is Plaintiff's KALIFALA A. KONNEH, residence. Plaintiff resides at Defendant, 2265 Grand Avenue, Apt #1D ----------------------------------------- --- -----------------X Bronx, NY 10453 County of Bronx. TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of appearance on plaintiff's attorneys within 20 days after service of this summons, exclusive of the day of service, or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, Judgment will be taken against you by default for the relief demanded in the Complaint. DATED: Brooklyn, New York April 7, 2021 Yours, etc., AKIVA OFSHTEIN OFSHTEIN LAW FIRM, P.C. Attorney for Plaintiff LORENZO FERNANDEZ 29th 2nd 15 Bay Street, FlOOr Brooklyn, NY 11214 (718)455-52 File # 20 L653 BY: AKIVA OFSHTEIN, ESQ. 1 of 7 FILED: BRONX COUNTY CLERK 04/09/2021 12:05 PM INDEX NO. 804880/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 DEFENDANT ADDRESS: KALIFALA A. KONNEH 1048 SHERIDAN AVENUE, APT# 5C BRONX, NY 10456 2 2 of 7 FILED: BRONX COUNTY CLERK 04/09/2021 12:05 PM INDEX NO. 804880/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK VERIFIED COMPLAINT COUNTY OF BRONX Index No.: --- --------------------------- ------ -------X LORENZO FERNANDEZ, Plaintiff, -against- KALIFALA A. KONNEH, Defendant, .------ .... -------------------------X Plaintiff, LORENZO FERNANDEZ, by his attorneys, OFSHTElN LAW FIRM, P.C., complëñing of the Defendant, KALIFALA A. KONNEH, herein, respectfully alleges upon information and belief as follows: 1. Plaintiff, LORENZO FERNANDEZ, was and still is a resident of the County of Bronx, City and State of New York. 2. Defendant, KALIFALA A. KONNEH, was and still is a resident of the County of Bronx, City and State of New York. 3. That on June 28, 2020, Defendant, KALIFALA A. KONNEH, was the registered owner of a 2016 Chrysler, motor vehicle, bearing State of Texas, registration nurnber 75082Y3. 4. That on June 28, 2020, Defendant, KALIFALA A. KONNEH, was the lessor of the 2016 Chrysler, motor vehicle, bearing State of Texas, registration number 75082Y3. 3 3 of 7 FILED: BRONX COUNTY CLERK 04/09/2021 12:05 PM INDEX NO. 804880/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 5. That on June 28, 2020, Defendant, KALIFALA A. KONNEH, was the lessee of the 2016 Chrysler, motor vehicle, bcâring State of Texas, registration number 75082Y3. 6. That on June 28, 2020, Defendant, KALIFALA A. KONNEH, was the operator of the 2016 Chrysler, motor vehicle, bearing State of Texas, registration number 75082Y3. 7. That on June 28, 2020, Defendant KALIFALA A. KONNEH, was controlling the 2016 Chrysler, motor vehicle, beariñg State of Texas, registration number 75082Y3. 8. That on June 28, 2020, Defendant, KALIFALA A. KONNEH, was operating and controlling the 2016 Chrysler, motor vchicle, bearing State of Texas, registration 166"' number 75082Y3, on East Street at its intersection with Sheridan Avenue, County of Bronx, City and State of New York. 9. At the aforesaid time and place, Plaintiff, LORENZO FERNANDEZ, was a lawfully operating a 2010 Honda, motor vehicle, bearing State of New York registration number GWH9769, when defendants motor vehicle forcibly, without warning, collided with the vehicle of the plaintiff. 10. Plaintiff, LORENZO FERNANDEZ, was injured. 11. Plaintiff, LORENZO FERNANDEZ, was seriously injured. 12. Plaintiff, LORENZO FERNANDEZ, has c11chined a serious injury as defined by Article 51 of the Insurance Law, or economic loss greater than basic economic loss as defined by Article 51 of the Insurance Law 52. 4 4 of 7 FILED: BRONX COUNTY CLERK 04/09/2021 12:05 PM INDEX NO. 804880/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 13. This action falls within one or more of the exceptions set forth in CPLR 1602. 14. The aforesaid occurrence and resulting injuries to the plaintiff were due solely to the carelessness, recklessness and negligence of the defendant in the ownership, operation, mãñâgement, inspection, maintcñance, supervision, repair and control of the above mentioned motor vehicle. 15. By reason of the foregoing, Plaintiff, LORENZO FERNANDEZ, has been damaged has been darnaged in a sum which exceeds the jurisdictional limits of all lower courts. WHEREFORE, Plaintiff, LORENZO FERNANDEZ, deniands judgment against the Defendañt, KALIFALA A. KONNEH, in an amount that exceeds the jurisdictional limits of all inferior trial courts in this State, together with the costs and disbursements of this action, and for such other and further relief as this Court may deem just, equitable and proper action. DATED: Brooklyn, New York April 7, 2021 Yours, etc., AKIVA OFSHTEIN OFSHTEIN LAW FIRM, P.C. Attorney for Plaintiff LORENZO FERNANDEZ 29°¹ 2nd 15 Bay Street, FloOr Brooklyn, NY I 1214 (718)455-5252 File # 20M 6532 BY: AKIVA OFSHTEIN, ESQ. 5 5 of 7 FILED: BRONX COUNTY CLERK 04/09/2021 12:05 PM INDEX NO. 804880/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 ATTORNEY VERIFICATION The undersigned, an attorney admitted to practice in the Courts of New York State, states that I am the attorney of record for the Plaintiff, LORENZO FERNANDEZ, in the within action; I have read the foregoing VERIFIED SUMMONS AND COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters stated to be alleged on information and belief, and as to those matters I believe same to be true. This verification is made by affirmant because the above-named plaintiff is not within and/or does not maintain a principle place of business in the of Kings, wherein this office is located. The County grounds of belief as to all matters not stated upon personal knowledge are information contained in the ofñce file, investigation and/or conversations with the above-named plaintiff. I affirm the foregoing statement is true, under the penalty of perjury. Dated: Brooklyn, New York April 7, 2021 AKIVA OFSHTEIN, ESQ. 6 of 7 FILED: BRONX COUNTY CLERK 04/09/2021 12:05 PM INDEX NO. 804880/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF Bronx Index No.: LORENZO FERNANDEZ, Plaintiff, -against- KALIFALA A. KONNEH, Defendant, SUMMONS AND VERIFIED COMPLAINT 0FSHTEIN LAW FIRM PC Attorneys for Plaintiff 15 Bay 29th Street, 2nd Floor Brooklyn, New York 11214 718.455-5252 Pursuâñt to 22 NYCRR 130-1.1, the üñà érsigned, an octorñëy duly admitted to practice law before the Court of State New York, certifies that, upon iñforiñütion and belief and reüscñüble inquiry, the contention contained of in an annexed hereto document are not frivolous. Dated: Signature ____ Name: Service of a copy of the within is hereby admitted. Dated: ____ Attorneys for Plaintiff PLEASE TAKE NOTICE: O NOTICE OF ENTRY that the within is a (certified) true copy of a entered in the office of the clerk of the within named Court on ,20 O NOTICE OF SETTLEMENT that an Order of which the within is a true copy will be pi t-se ted for settlement to the Hon. one of the judges of the within named Court, at on 201 at M. 7 of 7