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FILED: BRONX COUNTY CLERK 04/09/2021 12:41 PM INDEX NO. 804882/2021E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF BRONX Date Purchased:
--------- -------------------------------- ¬--------X SUMMONS
LEONIDAS LOOR and BETTY CEDENO,
Plaintiff designates Bronx
Plaintiff, County as the place of trial.
-against- The basis of venue is:
Plaintiff s Residence
PENSKE TRUCK LEASING CO LP and BRIAN DEJESUS
Plaintiff resides at:
Defendants, 309 E 164th Street, Apt #11
--------------------------------- --------X NY 10456
Bronx,
County of Bronx.
To the above named Deferidants:
You are hereby summoned to answer the complaint in this action, and to serve a copy of
your answer, or, if the complaiñt is not served with this summons, to serve a notice of appearance on
the Plaintiffs ãtturñey(s) within twenty days after the service of this summn=, 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 7, 2021
AKIVA OFSHTEIN, ESQ
OFSHTEIN LAW FIRM, P. C.
Attorneys for Plaintiff
LEONIDAS LOOR AND
BETTY CEDENO
29* 2"d
15 Bay Street, Floor
Brooklyn, New York 11229
(718) 455-5252
Our File No. 20MVX6856
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TO:
PENSKE TRUCK LEASING CO LP
2675 MORGANTOWN ROAD
READING, PA 19607
BRIAN DEJESUS
352 BEEKMAN STREET, APT #6M
NEW YORK, NY 10459
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SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF BRONX Date Purchased:
-_ __.----------------- --------------- ------------X VERIFIED COMPLAINT
LEONIDAS LOOR and BETTY CEDENO,
Plaintiff,
-against-
PENSKE TRUCK LEASING CO LP and BRIAN DEJESUS
Defendants,
----- --------------------- ----------- X
Plaintiff, LEONIDAS LOOR and BETTY CEDENO, by their attorneys, OFSHTEIN
LAW FIRM, P. C., complaiñiñg of the Defendants, PENSKE TRUCK LEASING CO LP, and
BRIAN DEJESUS, respectfully alleges, upon information and belief:
1. At all times herein mentioned, Plaintiff, LEONIDAS LOOR, was and still is a
resident of the County of Bronx, City and State of New York.
2. At all times herein mentioned, Plaintiff BETTY CEDENO, was and still is a
resident of the County of Bronx, City and State of New York.
3. At all times herein mentioned, Defendant, BRIAN DEJESUS, was and still is a
resident of the County of Bronx, City and State of New York.
4. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still is a domestic corporation duly organized and existing under and by virtue ofthe laws of
the State of Pennsylvania, with a principal office in Burks County.
3
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AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF
OF CLIENT LEONIDAS LOOR
5. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still is a professional corporation duly organized and existing under and by virtue of the laws
of the State of Pennsylvania, with a principal office in Burks County.
6. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still is a duly authorized foreign corporation doing business in the State of New York.
7. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still is a duly authorized foreign corporation transacting business in the State ofNew York.
8. At all times herein mentioned, Defendat, PENSKE TRUCK LEASING CO LP,
does and/or solicits business within the State of New York.
9. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
derives substantial revenue from goods used or consumed or services rendered in the State of New
York.
10. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
expected or reasonably should have expected its acts and business activities to have corseqüênces
within the State of New York.
11. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
derives substantial revenues from interstate or international commerce.
12. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still is a domestic limited liability company duly organized and existing under and by virtue
of the laws of the State of New York.
4
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13. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still is a duly authorized foreign limited liability company duly or ganized and under
existing
and by virtue of the laws of the State of New York.
14. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still is a duly organized general and business under and
partnership existing doing by virtue
of the laws of the State of New York.
15. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still is a duly organized limited and business under and
partnership existing doing by virtue
of the laws of the State of New York.
16. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still a duly organized proprietorship existing and doing business under the laws of the State
of New York.
17. That on September 4, 2020, Defeñdañt- PENSKE TRUCK LEASING CO LP, was
the registered owner of a 2017 Ford, motor vehicle, bearing State of Indiaña, registration number
2632082.
18. That on September 4, 2020, Defendant, PENSKE TRUCK LEASING CO LP, was
the lessor of a 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082.
19. That on September 4, 2020, Defendant, PENSKE TRUCK LEASING CO LP, was
the lessee of a 2017 Ford, motor vehicle, bearing State of Indiaña, registration number 2632082.
20. That on September 4, 2020, Defendant, BRIAN DEJESUS, was the operator of a
2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082.
5
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21. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling a 2017
Ford, motor vehicle, bearing State of Indina, registration number 2632082.
22. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling a 2017
Ford, motor vehicle State of Indiana, registration number 2632082, with the knowledge of
bearing
defendant owner.
23. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling the 2017
Ford, motor vehicle, bearing State of Indiana, registration number 2632082, with the permission of
defendant owner.
24. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling the 2017
Ford, motor vehicle, bearing State of Indiana, registration number 2632082, with the express consent
of defendant owner.
25. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling the 2017
Ford, motor vehicle, bearing State of Indiana registration number 2632082, with the implied consent
of defendant owner.
26. That on September 4, 2020, Defendant, BRIAN DE JESUS, was operating and
controlling the 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082,
within the scope of his employment.
27. That on September 4, 2020, Defendant, BRIAN DEJESUS, was operating and
controlling the 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082, on
'
East 176 Street at its intersection with Webster Avenue, Bronx, New York.
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28. At the aforesaid date and place, Plaintiff, LEONIDAS LOOR, was lawfully
operating a 2019 Honda, motor vehicle, beariñg State of New York, registration number JFP8336,
defendants'
when motor vehicle forcibly, without warning struck the plaintiff's vehicle at the
aforementioned location.
29. That as a result of the aforesaid contact, Plaintiff, LEONIDAS LOOR, was injured.
30. 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 coñtributing
thereto.
31. That Defendants were negligent, careless and reckless in the ownership, operation,
managemeñt, maiñteñañce, supervision, use and control of the aforesaid vehicle and the Defenhats
was otherwise ñcgligeñt, careless and reckless under the circumstances then and there prevailing.
32. That by reason of the foregoing, Plaintiff, LEONIDAS LOOR, sustained severe and
permanent personal injuries and was otherwise damaged.
33. That Plaintiff, LEONIDAS LOOR, sustained serious injuries as defined by §5102(d)
of the Insurance Law of the State of New York.
34. That Plaintiff LEONIDAS LOOR, sustained serious injuries and economic loss
greater than basic economic loss as defined by §5104 of the Insurmee Law of the State ofNew York.
35. That Plaintiff, LEONIDAS LOOR, is not seeking to recover any damages for which
Plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated
Plaintiff is seeking to recover those damages not recoverable through no-
to reimburse Plaintiff. only
fault insurance under the facts and circumstances in this action.
36. That this action falls within one or more of the exceptions set forth in CPLR §1602.
7
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37. That by reason of the foregoing, Plaintiff LEONIDAS LOOR, 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 CLIENT BETTY CEDENO
38. Plaintiff, BETTY CEDENO, repeats, reiterates and realleages each and every
37"
allegation contained in paragraphs "I through with the same force and effect as though each
were more fully set forth at length herein.
39. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still is a professional corporation duly organized and existing under and by virtue of the laws
of the State of Pennsylvania, with a prir.cipal office in Burks County.
40. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still is a duly authorized foreign corporation doing business in the State of New York.
41. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still is a duly authorized foreign corporation transacting business in the State of New York.
42. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
does and/or solicits business within the State of New York.
43. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
derives substantial revenue from goods used or consumed or services rendered in the State of New
York.
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44. At all times herein mentioned, Defeñdant, PENSKE TRUCK LEASING CO LP,
expected or reasonably should have expected its acts and business activities to have consequences
within the State of New York.
45. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
derives substantial revenues from interstate or international commerce.
46. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still is a domestic limited liability compañy duly organized and existing under and by virtue
of the laws of the State of New York.
47. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still is a duly authorized foreign limited liability company duly organized and existing under
and by virtue of the laws of the State of New York.
48. At all times herein mentioned, Defendañt, PENSKE TRUCK LEASING CO LP,
was and still is a duly organized general partnership existing and doing business under and by virtue
of the laws of the State of New York.
49. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still is a duly organized limited partnership existing and doing business under and by virtue
of the laws of the State of New York.
50. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP,
was and still a duly organized proprietorship existing and doing business under the laws of the State
of New York.
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51. That on September 4, 2020, Defeiidai t PENSKE TRUCK LEASING CO LP, was
the registered owner of a 2017 Ford, motor vehicle, bearing State of Indiana, registration number
2632082.
52. That on September 4, 2020, Defendant, PENSKE TRUCK LEASING CO LP, was
the lessor of a 2017 Ford, motor vehicle, State of Indiana registration number 2632082.
bearing
53. That on September 4, 2020, Defendant, PENSKE TRUCK LEASING CO LP, was
the lessee of a 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082.
54. That on September 4, 2020, Defendant, BRIAN DEJESUS, was the operator of a
2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082.
55. That on September 4, 2020, Defeñdant, BRIAN DEJESUS, was controlling a 2017
motor State of Iam ana registration ñümber 2632082.
Ford, vehicle, bearing
56. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling a 2017
Ford, motor vehicle, bearing State of Indiana, registration number 2632082, with the knowledge of
defendant owner.
57. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling the 2017
Ford, motor vehicle, bearing State of Indiana, registration number 2632082, with the permission of
defendant owner.
58. That on September 4, 2020, Defendant- BRIAN DEJESUS, was controlling the 2017
Ford, motor vehicle, bearing State of Indiana, registration number 2632082, with the express consent
of defendant owner.
10
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59. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling the 2017
Ford, motor vehicle, bearing State ofIndisa, registration number 2632082, with the implied consent
of defendant owner.
60. That on September 4, 2020, Defendant, BRIAN DEJESUS, was operating and
controlling the 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082,
within the scope of his employment.
61. That on September 4, 2020, Defendant, BRIAN DEJESUS, was operating and
controlling the 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082, on
176*
East Street at its intersection with Webster Avenue, Bronx, New York.
62. At the aforesaid date and place, Plaintiff, BETTY CEDENO, was a lawful passenger
in a 2019 Honda, motor vehicle, bearing State of New York, registration number JFP8336, when
defendants'
motor vehicle forcibly, without warning struck the plaintiff's vehicle at the
aforementioned location.
63. That as a result of the aforesaid contact, Plaintiff, BETTY CEDENO, was injured.
64. 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.
65. That Defendants were negligent, careless and reckless in the ownership, operation,
management, main:cñãñce, supervision, use and control of the aforesaid vehicle and the Defendants
was otherwise negligent, careless and reckless under the circumstances then and there prevailing.
66. That by reason of the foregoing, Plaintiff, BETTY CEDENO, sustained severe and
permanent personal injuries and was otherwise damaged.
11
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67. That Plaintiff, BETTY CEDENO, sustained serious injuries as defined by §5102(d)
of the Insurance Law of the State of New York.
68. That Plaintiff, BETTY CEDENO, sustained serious injuries and economic loss
greater than basic economic loss as defined by §5104 of the Insurance Law of the State ofNew York.
69. That Plaintiff, BETTY CEDENO, is not seeking to recover any dãmages for which
Plaintiffhas been reimbürsed by no-fault insurance and/or for which no-fault insurance is obligated
to reimburse Plaintiff. Plaintiff is seeking to recover those damages not recoverable through no-
only
fault insurance under the facts and circumstances in this action.
70. That this action falls within one or more of the exceptions set forth in CPLR §1602.
71. That by reason of the foregoing, Plaintiff, BETTY CEDENO, has been dairaged in a
sum which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
WHEREFORE, Plaintiff, LEONIDAS LOOR and BETTY CEDENO, demands judgment
against the Defendants, PENSKE TRUCK LEASING CO LP and BRIAN DEJESUS, 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.
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Preview
FILED: BRONX COUNTY CLERK 04/09/2021 12:41 PM INDEX NO. 804882/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF BRONX Date Purchased: --------- -------------------------------- ¬--------X SUMMONS LEONIDAS LOOR and BETTY CEDENO, Plaintiff designates Bronx Plaintiff, County as the place of trial. -against- The basis of venue is: Plaintiff s Residence PENSKE TRUCK LEASING CO LP and BRIAN DEJESUS Plaintiff resides at: Defendants, 309 E 164th Street, Apt #11 --------------------------------- --------X NY 10456 Bronx, County of Bronx. To the above named Deferidants: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaiñt is not served with this summons, to serve a notice of appearance on the Plaintiffs ãtturñey(s) within twenty days after the service of this summn=, 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 7, 2021 AKIVA OFSHTEIN, ESQ OFSHTEIN LAW FIRM, P. C. Attorneys for Plaintiff LEONIDAS LOOR AND BETTY CEDENO 29* 2"d 15 Bay Street, Floor Brooklyn, New York 11229 (718) 455-5252 Our File No. 20MVX6856 1 of 16 FILED: BRONX COUNTY CLERK 04/09/2021 12:41 PM INDEX NO. 804882/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 TO: PENSKE TRUCK LEASING CO LP 2675 MORGANTOWN ROAD READING, PA 19607 BRIAN DEJESUS 352 BEEKMAN STREET, APT #6M NEW YORK, NY 10459 2 of 16 FILED: BRONX COUNTY CLERK 04/09/2021 12:41 PM INDEX NO. 804882/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF BRONX Date Purchased: -_ __.----------------- --------------- ------------X VERIFIED COMPLAINT LEONIDAS LOOR and BETTY CEDENO, Plaintiff, -against- PENSKE TRUCK LEASING CO LP and BRIAN DEJESUS Defendants, ----- --------------------- ----------- X Plaintiff, LEONIDAS LOOR and BETTY CEDENO, by their attorneys, OFSHTEIN LAW FIRM, P. C., complaiñiñg of the Defendants, PENSKE TRUCK LEASING CO LP, and BRIAN DEJESUS, respectfully alleges, upon information and belief: 1. At all times herein mentioned, Plaintiff, LEONIDAS LOOR, was and still is a resident of the County of Bronx, City and State of New York. 2. At all times herein mentioned, Plaintiff BETTY CEDENO, was and still is a resident of the County of Bronx, City and State of New York. 3. At all times herein mentioned, Defendant, BRIAN DEJESUS, was and still is a resident of the County of Bronx, City and State of New York. 4. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still is a domestic corporation duly organized and existing under and by virtue ofthe laws of the State of Pennsylvania, with a principal office in Burks County. 3 3 of 16 FILED: BRONX COUNTY CLERK 04/09/2021 12:41 PM INDEX NO. 804882/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF CLIENT LEONIDAS LOOR 5. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still is a professional corporation duly organized and existing under and by virtue of the laws of the State of Pennsylvania, with a principal office in Burks County. 6. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still is a duly authorized foreign corporation doing business in the State of New York. 7. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still is a duly authorized foreign corporation transacting business in the State ofNew York. 8. At all times herein mentioned, Defendat, PENSKE TRUCK LEASING CO LP, does and/or solicits business within the State of New York. 9. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, derives substantial revenue from goods used or consumed or services rendered in the State of New York. 10. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, expected or reasonably should have expected its acts and business activities to have corseqüênces within the State of New York. 11. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, derives substantial revenues from interstate or international commerce. 12. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still is a domestic limited liability company duly organized and existing under and by virtue of the laws of the State of New York. 4 4 of 16 FILED: BRONX COUNTY CLERK 04/09/2021 12:41 PM INDEX NO. 804882/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 13. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still is a duly authorized foreign limited liability company duly or ganized and under existing and by virtue of the laws of the State of New York. 14. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still is a duly organized general and business under and partnership existing doing by virtue of the laws of the State of New York. 15. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still is a duly organized limited and business under and partnership existing doing by virtue of the laws of the State of New York. 16. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still a duly organized proprietorship existing and doing business under the laws of the State of New York. 17. That on September 4, 2020, Defeñdañt- PENSKE TRUCK LEASING CO LP, was the registered owner of a 2017 Ford, motor vehicle, bearing State of Indiaña, registration number 2632082. 18. That on September 4, 2020, Defendant, PENSKE TRUCK LEASING CO LP, was the lessor of a 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082. 19. That on September 4, 2020, Defendant, PENSKE TRUCK LEASING CO LP, was the lessee of a 2017 Ford, motor vehicle, bearing State of Indiaña, registration number 2632082. 20. That on September 4, 2020, Defendant, BRIAN DEJESUS, was the operator of a 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082. 5 5 of 16 FILED: BRONX COUNTY CLERK 04/09/2021 12:41 PM INDEX NO. 804882/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 21. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling a 2017 Ford, motor vehicle, bearing State of Indina, registration number 2632082. 22. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling a 2017 Ford, motor vehicle State of Indiana, registration number 2632082, with the knowledge of bearing defendant owner. 23. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling the 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082, with the permission of defendant owner. 24. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling the 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082, with the express consent of defendant owner. 25. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling the 2017 Ford, motor vehicle, bearing State of Indiana registration number 2632082, with the implied consent of defendant owner. 26. That on September 4, 2020, Defendant, BRIAN DE JESUS, was operating and controlling the 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082, within the scope of his employment. 27. That on September 4, 2020, Defendant, BRIAN DEJESUS, was operating and controlling the 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082, on ' East 176 Street at its intersection with Webster Avenue, Bronx, New York. 6 6 of 16 FILED: BRONX COUNTY CLERK 04/09/2021 12:41 PM INDEX NO. 804882/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 28. At the aforesaid date and place, Plaintiff, LEONIDAS LOOR, was lawfully operating a 2019 Honda, motor vehicle, beariñg State of New York, registration number JFP8336, defendants' when motor vehicle forcibly, without warning struck the plaintiff's vehicle at the aforementioned location. 29. That as a result of the aforesaid contact, Plaintiff, LEONIDAS LOOR, was injured. 30. 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 coñtributing thereto. 31. That Defendants were negligent, careless and reckless in the ownership, operation, managemeñt, maiñteñañce, supervision, use and control of the aforesaid vehicle and the Defenhats was otherwise ñcgligeñt, careless and reckless under the circumstances then and there prevailing. 32. That by reason of the foregoing, Plaintiff, LEONIDAS LOOR, sustained severe and permanent personal injuries and was otherwise damaged. 33. That Plaintiff, LEONIDAS LOOR, sustained serious injuries as defined by §5102(d) of the Insurance Law of the State of New York. 34. That Plaintiff LEONIDAS LOOR, sustained serious injuries and economic loss greater than basic economic loss as defined by §5104 of the Insurmee Law of the State ofNew York. 35. That Plaintiff, LEONIDAS LOOR, is not seeking to recover any damages for which Plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated Plaintiff is seeking to recover those damages not recoverable through no- to reimburse Plaintiff. only fault insurance under the facts and circumstances in this action. 36. That this action falls within one or more of the exceptions set forth in CPLR §1602. 7 7 of 16 FILED: BRONX COUNTY CLERK 04/09/2021 12:41 PM INDEX NO. 804882/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 37. That by reason of the foregoing, Plaintiff LEONIDAS LOOR, 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 CLIENT BETTY CEDENO 38. Plaintiff, BETTY CEDENO, repeats, reiterates and realleages each and every 37" allegation contained in paragraphs "I through with the same force and effect as though each were more fully set forth at length herein. 39. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still is a professional corporation duly organized and existing under and by virtue of the laws of the State of Pennsylvania, with a prir.cipal office in Burks County. 40. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still is a duly authorized foreign corporation doing business in the State of New York. 41. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still is a duly authorized foreign corporation transacting business in the State of New York. 42. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, does and/or solicits business within the State of New York. 43. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, derives substantial revenue from goods used or consumed or services rendered in the State of New York. 8 8 of 16 FILED: BRONX COUNTY CLERK 04/09/2021 12:41 PM INDEX NO. 804882/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 44. At all times herein mentioned, Defeñdant, PENSKE TRUCK LEASING CO LP, expected or reasonably should have expected its acts and business activities to have consequences within the State of New York. 45. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, derives substantial revenues from interstate or international commerce. 46. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still is a domestic limited liability compañy duly organized and existing under and by virtue of the laws of the State of New York. 47. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still is a duly authorized foreign limited liability company duly organized and existing under and by virtue of the laws of the State of New York. 48. At all times herein mentioned, Defendañt, PENSKE TRUCK LEASING CO LP, was and still is a duly organized general partnership existing and doing business under and by virtue of the laws of the State of New York. 49. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still is a duly organized limited partnership existing and doing business under and by virtue of the laws of the State of New York. 50. At all times herein mentioned, Defendant, PENSKE TRUCK LEASING CO LP, was and still a duly organized proprietorship existing and doing business under the laws of the State of New York. 9 9 of 16 FILED: BRONX COUNTY CLERK 04/09/2021 12:41 PM INDEX NO. 804882/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 51. That on September 4, 2020, Defeiidai t PENSKE TRUCK LEASING CO LP, was the registered owner of a 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082. 52. That on September 4, 2020, Defendant, PENSKE TRUCK LEASING CO LP, was the lessor of a 2017 Ford, motor vehicle, State of Indiana registration number 2632082. bearing 53. That on September 4, 2020, Defendant, PENSKE TRUCK LEASING CO LP, was the lessee of a 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082. 54. That on September 4, 2020, Defendant, BRIAN DEJESUS, was the operator of a 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082. 55. That on September 4, 2020, Defeñdant, BRIAN DEJESUS, was controlling a 2017 motor State of Iam ana registration ñümber 2632082. Ford, vehicle, bearing 56. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling a 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082, with the knowledge of defendant owner. 57. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling the 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082, with the permission of defendant owner. 58. That on September 4, 2020, Defendant- BRIAN DEJESUS, was controlling the 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082, with the express consent of defendant owner. 10 10 of 16 FILED: BRONX COUNTY CLERK 04/09/2021 12:41 PM INDEX NO. 804882/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 59. That on September 4, 2020, Defendant, BRIAN DEJESUS, was controlling the 2017 Ford, motor vehicle, bearing State ofIndisa, registration number 2632082, with the implied consent of defendant owner. 60. That on September 4, 2020, Defendant, BRIAN DEJESUS, was operating and controlling the 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082, within the scope of his employment. 61. That on September 4, 2020, Defendant, BRIAN DEJESUS, was operating and controlling the 2017 Ford, motor vehicle, bearing State of Indiana, registration number 2632082, on 176* East Street at its intersection with Webster Avenue, Bronx, New York. 62. At the aforesaid date and place, Plaintiff, BETTY CEDENO, was a lawful passenger in a 2019 Honda, motor vehicle, bearing State of New York, registration number JFP8336, when defendants' motor vehicle forcibly, without warning struck the plaintiff's vehicle at the aforementioned location. 63. That as a result of the aforesaid contact, Plaintiff, BETTY CEDENO, was injured. 64. 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. 65. That Defendants were negligent, careless and reckless in the ownership, operation, management, main:cñãñce, supervision, use and control of the aforesaid vehicle and the Defendants was otherwise negligent, careless and reckless under the circumstances then and there prevailing. 66. That by reason of the foregoing, Plaintiff, BETTY CEDENO, sustained severe and permanent personal injuries and was otherwise damaged. 11 11 of 16 FILED: BRONX COUNTY CLERK 04/09/2021 12:41 PM INDEX NO. 804882/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 67. That Plaintiff, BETTY CEDENO, sustained serious injuries as defined by §5102(d) of the Insurance Law of the State of New York. 68. That Plaintiff, BETTY CEDENO, sustained serious injuries and economic loss greater than basic economic loss as defined by §5104 of the Insurance Law of the State ofNew York. 69. That Plaintiff, BETTY CEDENO, is not seeking to recover any dãmages for which Plaintiffhas been reimbürsed by no-fault insurance and/or for which no-fault insurance is obligated to reimburse Plaintiff. Plaintiff is seeking to recover those damages not recoverable through no- only fault insurance under the facts and circumstances in this action. 70. That this action falls within one or more of the exceptions set forth in CPLR §1602. 71. That by reason of the foregoing, Plaintiff, BETTY CEDENO, has been dairaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff, LEONIDAS LOOR and BETTY CEDENO, demands judgment against the Defendants, PENSKE TRUCK LEASING CO LP and BRIAN DEJESUS, 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. 12 12 of 16 FILED: BRONX COUNTY CLERK 04/09/2021 12:41 PM INDEX NO. 804882/2021E NYSCEF DOC. NO. 1