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  • Sonia Lewis v. Ashlee Nicole Garvey, Denise KingTorts - Motor Vehicle document preview
  • Sonia Lewis v. Ashlee Nicole Garvey, Denise KingTorts - Motor Vehicle document preview
  • Sonia Lewis v. Ashlee Nicole Garvey, Denise KingTorts - Motor Vehicle document preview
  • Sonia Lewis v. Ashlee Nicole Garvey, Denise KingTorts - Motor Vehicle document preview
  • Sonia Lewis v. Ashlee Nicole Garvey, Denise KingTorts - Motor Vehicle document preview
  • Sonia Lewis v. Ashlee Nicole Garvey, Denise KingTorts - Motor Vehicle document preview
  • Sonia Lewis v. Ashlee Nicole Garvey, Denise KingTorts - Motor Vehicle document preview
  • Sonia Lewis v. Ashlee Nicole Garvey, Denise KingTorts - Motor Vehicle document preview
						
                                

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FILED: KINGS COUNTY CLERK 04/09/2021 10:16 AM INDEX NO. 508362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS Date Purchased: X SONIA LEWIS, SUMMONS Plaintiff, Plaintiff designates Kings County as -against- the place of trial. The basis of venue is ASHLEE NICOLE GARVEY and location of incident: DENISE KING, Flatlands Avenue at or near its intersection with Ralph Avenue Defendants. County of Kings X TOTHEABOVE 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 Plaintiff's Attorneys within twenty (20) days after the service of this Summons, exclusive of the date 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 you fail to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: West Hempstead, New York April 9, 2021 Yours, e ., LEVIN , ND IS , PLLC · By: / OTT L. WISS, ESQ. Attorney for Plaintiff 510 Hempstead Turnpike, Suite 206 West Hempstead, NY 11552 (516) 747-3222 File No.: TC 4320/JGM.mf DEFENDANTS'ADDRESSES: ASHLEE NICOLE GARVEY DENISE KING LEVINE AND WISS, PLLC 57th 57th 1266 E. Street, Apt 2 1266 E. Street, Apt 2 Brooklyn NY 11234 Brooklyn NY 11234 it we W Hempstead, NY 11552 (516) 747-3222 1 of 8 FILED: KINGS COUNTY CLERK 04/09/2021 10:16 AM INDEX NO. 508362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------X Index No.: SONIA LEWIS, COMPLAIN_I Plaintiff, -against- ASHLEE NICOLE GARVEY and DENISE KING, ----- Defendants. -- -X Plaintiff, SONIA LEWIS by her attorneys, LEVINE AND WISS, PLLC, complaining of the defendants, respectfully alleges, upon information and belief as follows: 1. At all times hereinafter mentioned, plaintiff was and still is a resident of the County of Kings, City and State of New York. 2. At all times hereinafter mentioned, defendant ASHLEE NICOLE GARVEY was and still is a resident of the County of Kings, City and State of New York. 3. At all times hereinafter mentioned, defendant DENISE KING was and still is a resident of the County of Kings, City and State of New York. 4. That the within cause of action arose in the County of Kings, City and State of New York. 5. That on June 7, 2020, and at all times hereinafter mentioned, defendant, DENISE KING, was the owner of a 2017 Mercedes Benz motor vehicle bearing New York State Registration number GXM6705 for the year 2020. LEVINE AND WISS, PLLC Attorneys at Law 510 Hempstead Tpke W Hempstead, NY 11552 (516) 747-3222 2 of 8 FILED: KINGS COUNTY CLERK 04/09/2021 10:16 AM INDEX NO. 508362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 6. That on June 7, 2020, and at all times hereinafter mentioned, defendant, DENISE KING, was the registered owner of a 2017 Mercedes Benz motor vehicle bearing New York State Registration number GXM6705 for the year 2020. 7. That on June 7, 2020, and at all times hereinafter mentioned, defendant, DENISE KING, was the lessee of a 2017 Mercedes Benz motor vehicle bearing New York State Registration number GXM6705 for the year 2020. 8. That on June 7, 2020 and at all times hereinafter mentioned, defendant, ASHLEE NICOLE GARVEY, operated the aforementioned motor vehicle bearing New York State Registration number GXM6705. 9. That on June 7, 2020 and at all times hereinafter mentioned, defendant, ASHLEE NICOLE GARVEY, operated the aforementioned vehicle with the express permission of defendant, DENISE KING. 10. That on June 7, 2020 and at all times hereinafter mentioned, defendant, ASHLEE NICOLE GARVEY, operated the aforementioned vehicle with the express knowledge of defendant, DENISE KING. 11. That on June 7, 2020 and at all times hereinafter mentioned, defendant, ASHLEE NICOLE GARVEY, operated the aforementioned vehicle with the express consent of defendant, DENISE KING. 12. That on June 7, 2020 and at all times hereinafter mentioned, defendant, ASHLEE NICOLE GARVEY, operated the aforementioned vehicle with the implied permission of defendant, DENISE KING. LEVINE AND WISS, PLLC Attomeys at Law 510 Hempstead Tpke W Hempstead, NY 11552 (516) 747-3222 3 of 8 FILED: KINGS COUNTY CLERK 04/09/2021 10:16 AM INDEX NO. 508362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 13. That on June 7, 2020 and at all times hereinafter mentioned, defendant, ASHLEE NICOLE GARVEY, operated the aforementioned vehicle with the implied knowledge of defendant, DENISE KING. 14. That on June 7, 2020 and at all times hereinafter mentioned, defendant, ASHLEE NICOLE GARVEY, operated the aforementioned vehicle with the implied consent of defendant, DENISE KING. 15. At all times hereinafter mentioned, defendant, DENISE KING, managed the aforementioned vehicle. 16. At all times hereinafter mentioned, defendant, DENISE KING was responsible for the maintenance of the aforementioned motor vehicle. 17. At all times hereinafter mentioned, defendant, DENISE KING controlled the aforementioned motor vehicle. 18. At all times hereinafter mentioned, defendant, DENISE KING had a duty to keep the aforementioned motor vehicle in good and safe repair. 19. At all times hereinafter mentioned, defendant, DENISE KING had a duty to perform periodic inspections to the aforementioned motor vehicle. 20. At all times hereinafter mentioned, defendant, ASHLEE NICOLE GARVEY, managed the aforementioned vehicle. 21. At all times hereinafter mentioned, defendant, ASHLEE NICOLE GARVEY was responsible for the maintenance of the aforementioned motor vehicle. 22. At all times hereinafter mentioned, defendant, ASHLEE NICOLE GARVEY controlled the aforementioned motor vehicle. LEVINE AND WISS, PLLC Attorneys at Law 510 Hempstead Tpke W Hempstead, NY 11552 (516) 747-3222 4 of 8 FILED: KINGS COUNTY CLERK 04/09/2021 10:16 AM INDEX NO. 508362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 23. At all times hereinafter mentioned, defendant, ASHLEE NICOLE GARVEY had a duty to keep the aforementioned motor vehicle in good and safe repair. 24. At all times hereinafter mentioned, defendant, ASHLEE NICOLE GARVEY had a duty to perform periodic inspections to the aforementioned motor vehicle. 25. At all times hereinafter mentioned, plaintiff, SONIA LEWIS, was the owner and operator of a 2008 Toyota motor vehicle bearing New York State Registration number l FFC7765. 26. That at all times hereinafter mentioned, Flatlands Avenue, at or near its intersection with Ralph Avenue, County of Kings, City and State of New York, was a public street and/or thoroughfare in common use by the general public. 27. That on June 7, 2020 defendant ASHLEE NICOLE GARVEY operated the aforesaid motor vehicle owned by defendant DENISE KING at the aforementioned location. 28. That on June 7, 2020 defendant ASHLEE NICOLE GARVEY operated the aforesaid motor vehicle at the aforementioned location. 29. That on June 7, 2020 plaintiff SONIA LEWIS operated the aforesaid motor vehicle at the aforementioned location. 30. That on June 7, 2020 at the aforementioned location, the aforesaid motor vehicle owned by defendant, DENISE KING, and operated by defendant, ASHLEE NICOLE GARVEY, struck the motor vehicle owned and operated by plaintiff, SONIA LEWIS. LEVINE AND WISS, PLLC Attorneys at Law 510 Hempstead Tpke W Hempstead, NY 11552 (516) 747-3222 5 of 8 FILED: KINGS COUNTY CLERK 04/09/2021 10:16 AM INDEX NO. 508362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 31. That on June 7, 2020 , at the aforementioned location, the aforesaid motor vehicle owned by defendant, DENISE KING, and operated by defendant, ASHLEE NICOLE GARVEY, came into contact with the motor vehicle owned and operated by n plaintiff, SONIA LEWIS. 32. At the above time and place, there was contact between the two aforesaid motor vehicles. 33. That as a result of the aforesaid contact, plaintiff, SONIA LEWIS, was injured. 34. That as a result of the aforesaid contact, plaintiff, SONIA LEWIS, was seriously injured. 35. 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, SONIA LEWIS, contributing thereto. 36. That defendants were negligent, careless and reckless in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid vehicle. 37. That by reason of the foregoing, plaintiff, SONIA LEWIS, sustained severe and permanent personal injuries and was otherwise damaged. 38. That plaintiff, SONIA LEWIS, sustained serious injuries as defined in §5102(d) of the Insurance Law of the State of New York. 39. That plaintiff, SONIA LEWIS, sustained serious injuries and economic loss greater than basic economic loss as to satisfy the exceptions of §5104 of the Insurance LEVINE AND WISS, PLLC, LaW of the State of New York. Attomeys at Law 510 Hempstead Tpke W Hempstead, NY 11552 (516) 747-3222 6 of 8 FILED: KINGS COUNTY CLERK 04/09/2021 10:16 AM INDEX NO. 508362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 40. That plaintiff SONIA LEWIS was caused to sustain and incur medical bills and out-of-pocket expenses in a sum which exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction over this action. 41. That plaintiff, SONIA LEWIS, 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 to reimburse plaintiff. 42. Plaintiff SONIA LEWIS is only seeking to recover those damages not recoverable through no-fault insurance under the facts and circumstances in this action. 43. That this action falls within one or more of the exceptions as set forth in CPLR §1602. 44. That by reason of the foregoing, plaintiff, SONIA LEWIS, has been damaged in a sum which exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction over this action. WHEREFORE, plaintiff demands judgment against the defendants in an amount which exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction over this action, together with the interest, costs and disbursements. Dated: West Hempstead, New York April 9, 2021 Yours, et ., LEVINE ND IS , PLLC By: OTT L. WISS, ESQ. Attorney for Plaintiff 510 Hempstead Turnpike, Suite 206 West Hempstead, NY 11552 (516) 747-3222 LEVINE AND WISS, PLLC File No.: TC 4320/JGM.mf Attomeys at Law 510 Hempstead Tpke W Hempstead, NY 11552 (516) 747-3222 7 of 8 FILED: KINGS COUNTY CLERK 04/09/2021 10:16 AM INDEX NO. 508362/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS SONIA LEWIS Plaintiff -against- ASHLEE NICOLE GARVEY and DENISE KING, Defendants. SUMMONS AND COMPLAINT Attorneys for Plaintiff Office and Post Ofice Address, Telephone 510 HEMPSTEAD TURNPIKE, SUITE 206 WEST HEMPSTEAD, NEW YORK 11552 (516) 747-3222 rsuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the Courts of New York State, certifies that, upon information and belief and reasonable inquiry, th,d c ntentions contained on the annexed document are not frivolous and that we are in compliance with the renaining sections thereof and with Section 22 NYCRR 1200.41-a. Dated: April 9, 2021 Signature Print Signer's Name Sco L. Wiss. Esq. Service of a copy of the within is hereby admitted. Dated Attorneys for ............................................... S I R : - PLEASE TAKE NOTICE that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on NOTICE OF ENTRY that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named court, at NOTICE OF SETTLEMENT on at AM. Dated: Yours, etc., LEVINE AND WISS, PLLC Attorneys forPlaintiff Ofice and Post Office Address, Telephone 510 HEMPSTEAD TURNPIKE, SUITE 206 WEST HEMPSTEAD, NEW YORK 11552 (516) 747-3222 8 of 8