Preview
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
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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
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
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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
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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
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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
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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
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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
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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
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
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