Preview
FILED: NASSAU COUNTY CLERK 04/09/2021 02:45 PM INDEX NO. 604403/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------x Index No.
TAY-JHAUN ALEXANDER BROWN,
Date Filed:
Plaintiff,
Plaintiff designates: Nassau
-against- County as the place of trial
ROBERTO CABAN and GABRIELLE A. WATT, The basis of venue is:
Plaintiff’s residence
Defendants.
----------------------------------------------------------------x SUMMONS
Plaintiff’s address:
604 Merrick Road
Lynbrook, New York 11563
To the above named Defendant(s):
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 Attorney, within 20 days after the service of this Summons,
exclusive of the day of service (or within 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 of your failure to
appear or answer, Judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: New York, New York
April 9, 2021
Yours, etc.,
REDMOND LAW PLLC
By: ______________________________
Cornelius Redmond, Esq.
Defendants’ Addresses: Attorneys for Plaintiff
ROBERTO CABAN 80 Broad St., Suite 1202
25 Catalpa Lane New York, New York 10004
Valley Stream, New York 11581 (212) 799-8989
GABRIELLE A. WATT
1641 Lydia Avenue
Elmont, New York 11003
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------------------------------------------------------------x Index No.
TAY-JHAUN ALEXANDER BROWN,
VERIFIED COMPLAINT
Plaintiff,
-against-
ROBERTO CABAN and GABRIELLE A. WATT,
Defendants.
-----------------------------------------------------------------x
Plaintiff, by his attorneys, REDMOND LAW PLLC complaining of the defendants,
respectfully alleges, upon information and belief, that on or about October 5, 2019, at
approximately 8:11 a.m. on Peninsula Boulevard at or near its intersection with Whitson Street,
in the County of Nassau, Village of Hempstead and State of New York, respectfully states and
alleges as follows:
1. At all times herein mentioned, plaintiff TAY-JHAUN ALEXANDER BROWN,
was and still is a resident of the County of Nassau, City of Lynbrook and State of New York.
2. At all times herein mentioned, the defendant ROBERTO CABAN, (hereinafter
“CABAN”) was and still is a resident of the County of Nassau, City of Valley Stream and State
of New York.
3. At all times herein mentioned, the defendant GABRIELLE A. WATT,
(hereinafter “WATT”) was and still is a resident of the County of Nassau, City of Elmont and
State of New York.
4. At all times herein mentioned, the occurrence that gave rise to this action occurred
in the County of Nassau, Village of Hempstead and State of New York.
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5. That on or about October 5, 2019, the defendant CABAN was the registered
owner of a certain motor vehicle bearing New York State License Plate No. HBG1630.
6. That on or about October 5, 2019, the defendant CABAN was the title owner of a
certain motor vehicle bearing New York State License Plate No. HBG1630 (hereinafter
“CABAN VEHICLE”).
7. That on or about said date, the defendant CABAN operated the CABAN
VEHICLE.
8. That on or about October 5, 2019, the defendant WATT was the registered owner
of a certain motor vehicle bearing New York State License Plate No. JGZ9966.
9. That on or about October 5, 2019, the defendant WATT was the title owner of a
certain motor vehicle bearing New York State License Plate No. JGZ9966 (hereinafter “WATT
VEHICLE”).
10. That on or about said date, the defendant WATT operated the WATT VEHICLE.
11. That all times herein mentioned, the plaintiff TAY-JHAUN ALEXANDER
BROWN was a passenger in defendant WATT VEHICLE.
12. That on October 5, 2019, at approximately 8:11 a.m. the defendant CABAN
operated the CABAN VEHICLE and defendant WATT operated the WATT VEHICLE on
Peninsula Boulevard at or near its intersection with Whitson Street, in the County of Nassau,
Village of Hempstead and State of New York.
13. That at said time and place, CABAN VEHICLE, being operated and controlled by
the defendant CABAN came into contact with WATT VEHICLE being operated and controlled
by the defendant WATT in which plaintiff, TAY-JHAUN ALEXANDER BROWN was a
passenger.
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14. That as a result of the happening of the said occurrence complained of, plaintiff
sustained serious personal injuries and attendant damage.
15. That the said occurrence and the injuries resulting therefrom and sustained by the
plaintiff was caused by reason of the negligence and carelessness of the defendant, CABAN
without any fault or negligence on the part of the plaintiff contributing thereto.
16. That the said occurrence and the injuries resulting therefrom and sustained by the
plaintiff was caused by reason of the negligence and carelessness of the defendant, WATT
without any fault or negligence on the part of the plaintiff contributing thereto.
17. That the defendants were negligent in failing to keep the vehicles under proper
control; in operating the vehicles at an excessive rate of speed under the existing traffic
conditions; in failing to keep the vehicle a safe and proper distance from the plaintiff’s vehicle;
in failing to make use of a horn or other signal or warning device; in operating the said vehicles
at an improper rate of speed on the said roadway; in failing to yield to the right of way; in
striking the rear of the vehicle in which plaintiff was a passenger; in disregarding the traffic
conditions then and there existing; in disregarding a traffic device; in causing, allowing and
permitting the vehicle to come into contact with the vehicle in which plaintiff was a passenger; in
failing to keep a proper lookout; in failing to give any signal or warning of approach; in failing to
make proper use of the brakes or braking equipment; and in failing to make proper use of the
steering mechanism.
18. That as a result of the foregoing, the plaintiff suffered a "serious injury" as
defined by §5102, Subd. (d) of the Insurance Law of the State of New York.
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19. That by reason thereof, the plaintiff is entitled to recover for non-economic loss
and for such economic losses as are not included within the definition of “basic economic loss”
as set forth in §5102 Subd. (a) of the Insurance Law of the State of New York.
20. That the plaintiff is a "covered person" within the definition of, and as defined in,
§5102, Subd. (j) of the Insurance Law of the State of New York.
21. That one (1) or more of the exceptions set forth in CPLR Section 1602 apply to
this action.
22. That by reason of the foregoing, the plaintiff sustained serious personal injuries to
various parts of the body; particularly his neck, head and left shoulder suffered and will continue
to suffer great pain and anguish in body and mind; that plaintiff has received necessary hospital
and medical attention by reason of the injuries sustained by plaintiff; that plaintiff has necessarily
received, is receiving and will continue to receive medical care and treatment in connection with
the injuries suffered by plaintiff, and in connection with which expenses have, are and will
continue to be incurred; that plaintiff has been greatly incapacitated and has been unable to
attend to plaintiff’s usual duties as plaintiff had theretofore done; plaintiff’s injuries are
permanent, protracted and disabling in nature; and all the plaintiff damages as against the
defendants are a sum which exceeds the jurisdictional limits of all lower courts of the State of
New York.
WHEREFORE, plaintiff demands judgment against the defendants in an amount which
exceeds the jurisdictional limits of the lower courts of the State of New York, together with the
costs and disbursements of this action.
Dated: New York, New York
April 9, 2021
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REDMOND LAW PLLC
By: ______________________________
Cornelius Redmond, Esq.
Attorneys for Plaintiff
80 Broad St., Suite 1202
New York, New York 10004
(212) 799-8989
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VERIFICATION
STATE OF NEW YORK }
} ss:
COUNTY OF NEW YORK }
I, the undersigned, an attorney duly admitted to practice law in the State of New York,
state that I am a member of the firm REDMOND LAW PLLC, attorneys of record for the
plaintiff in the within action; I have read the foregoing
COMPLAINT
and know the contents thereof; the same is true to my own knowledge except as to those matters
therein stated to be alleged upon information and belief, and as to those matters, I believe to be
true. The reason this verification is made by me and not by the plaintiff is that deponent
maintains offices outside the County in which the plaintiff resides.
The grounds of my belief as to all matters not stated upon my knowledge, are as follows:
entire file maintained in your deponent’s offices, investigations, etc.
I affirm that the foregoing statements are true, under the penalties of perjury.
Dated: New York, New York
April 9, 2021
By:______________________________
CORNELIUS REDMOND, ESQ.
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SUPREME COURT OF THE STATE OF NEW YORK Index No.
COUNTY OF NASSAU
TAY-JHAUN ALEXANDER BROWN,
Plaintiff,
-against-
ROBERTO CABAN and GABRIELLE A. WATT,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
REDMOND LAW PLLC
Attorneys for Plaintiff
80 Broad St., Suite 1202
New York, New York 10004
Tel: (212) 799-8989
Fax: (212) 461-7189
Pursuant to 22NYCRR 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,
the contentions contained in the annexed document are not frivolous
_______________________________
CORNELIUS REDMOND, ESQ.
REDMOND LAW PLLC
______________________________________________________________________________
[ ] Notice of Entry
that the within is a (certified) true copy of a
duly entered in the Office of the Clerk of the within named court on 20
[ ] Notice of Settlement
that an order of which the within is a true copy
will be presented to the Hon. one of the judges of the within court at
on 20 at M.
Dated: Yours, etc.
REDMOND LAW PLLC
80 Broad St., Suite 1202
New York, New York 10004
(212) 799-8989
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Preview
FILED: NASSAU COUNTY CLERK 04/09/2021 02:45 PM INDEX NO. 604403/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------x Index No. TAY-JHAUN ALEXANDER BROWN, Date Filed: Plaintiff, Plaintiff designates: Nassau -against- County as the place of trial ROBERTO CABAN and GABRIELLE A. WATT, The basis of venue is: Plaintiff’s residence Defendants. ----------------------------------------------------------------x SUMMONS Plaintiff’s address: 604 Merrick Road Lynbrook, New York 11563 To the above named Defendant(s): 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 Attorney, within 20 days after the service of this Summons, exclusive of the day of service (or within 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 of your failure to appear or answer, Judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York April 9, 2021 Yours, etc., REDMOND LAW PLLC By: ______________________________ Cornelius Redmond, Esq. Defendants’ Addresses: Attorneys for Plaintiff ROBERTO CABAN 80 Broad St., Suite 1202 25 Catalpa Lane New York, New York 10004 Valley Stream, New York 11581 (212) 799-8989 GABRIELLE A. WATT 1641 Lydia Avenue Elmont, New York 11003 1 of 8 FILED: NASSAU COUNTY CLERK 04/09/2021 02:45 PM INDEX NO. 604403/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------------x Index No. TAY-JHAUN ALEXANDER BROWN, VERIFIED COMPLAINT Plaintiff, -against- ROBERTO CABAN and GABRIELLE A. WATT, Defendants. -----------------------------------------------------------------x Plaintiff, by his attorneys, REDMOND LAW PLLC complaining of the defendants, respectfully alleges, upon information and belief, that on or about October 5, 2019, at approximately 8:11 a.m. on Peninsula Boulevard at or near its intersection with Whitson Street, in the County of Nassau, Village of Hempstead and State of New York, respectfully states and alleges as follows: 1. At all times herein mentioned, plaintiff TAY-JHAUN ALEXANDER BROWN, was and still is a resident of the County of Nassau, City of Lynbrook and State of New York. 2. At all times herein mentioned, the defendant ROBERTO CABAN, (hereinafter “CABAN”) was and still is a resident of the County of Nassau, City of Valley Stream and State of New York. 3. At all times herein mentioned, the defendant GABRIELLE A. WATT, (hereinafter “WATT”) was and still is a resident of the County of Nassau, City of Elmont and State of New York. 4. At all times herein mentioned, the occurrence that gave rise to this action occurred in the County of Nassau, Village of Hempstead and State of New York. 2 of 8 FILED: NASSAU COUNTY CLERK 04/09/2021 02:45 PM INDEX NO. 604403/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 5. That on or about October 5, 2019, the defendant CABAN was the registered owner of a certain motor vehicle bearing New York State License Plate No. HBG1630. 6. That on or about October 5, 2019, the defendant CABAN was the title owner of a certain motor vehicle bearing New York State License Plate No. HBG1630 (hereinafter “CABAN VEHICLE”). 7. That on or about said date, the defendant CABAN operated the CABAN VEHICLE. 8. That on or about October 5, 2019, the defendant WATT was the registered owner of a certain motor vehicle bearing New York State License Plate No. JGZ9966. 9. That on or about October 5, 2019, the defendant WATT was the title owner of a certain motor vehicle bearing New York State License Plate No. JGZ9966 (hereinafter “WATT VEHICLE”). 10. That on or about said date, the defendant WATT operated the WATT VEHICLE. 11. That all times herein mentioned, the plaintiff TAY-JHAUN ALEXANDER BROWN was a passenger in defendant WATT VEHICLE. 12. That on October 5, 2019, at approximately 8:11 a.m. the defendant CABAN operated the CABAN VEHICLE and defendant WATT operated the WATT VEHICLE on Peninsula Boulevard at or near its intersection with Whitson Street, in the County of Nassau, Village of Hempstead and State of New York. 13. That at said time and place, CABAN VEHICLE, being operated and controlled by the defendant CABAN came into contact with WATT VEHICLE being operated and controlled by the defendant WATT in which plaintiff, TAY-JHAUN ALEXANDER BROWN was a passenger. 3 of 8 FILED: NASSAU COUNTY CLERK 04/09/2021 02:45 PM INDEX NO. 604403/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 14. That as a result of the happening of the said occurrence complained of, plaintiff sustained serious personal injuries and attendant damage. 15. That the said occurrence and the injuries resulting therefrom and sustained by the plaintiff was caused by reason of the negligence and carelessness of the defendant, CABAN without any fault or negligence on the part of the plaintiff contributing thereto. 16. That the said occurrence and the injuries resulting therefrom and sustained by the plaintiff was caused by reason of the negligence and carelessness of the defendant, WATT without any fault or negligence on the part of the plaintiff contributing thereto. 17. That the defendants were negligent in failing to keep the vehicles under proper control; in operating the vehicles at an excessive rate of speed under the existing traffic conditions; in failing to keep the vehicle a safe and proper distance from the plaintiff’s vehicle; in failing to make use of a horn or other signal or warning device; in operating the said vehicles at an improper rate of speed on the said roadway; in failing to yield to the right of way; in striking the rear of the vehicle in which plaintiff was a passenger; in disregarding the traffic conditions then and there existing; in disregarding a traffic device; in causing, allowing and permitting the vehicle to come into contact with the vehicle in which plaintiff was a passenger; in failing to keep a proper lookout; in failing to give any signal or warning of approach; in failing to make proper use of the brakes or braking equipment; and in failing to make proper use of the steering mechanism. 18. That as a result of the foregoing, the plaintiff suffered a "serious injury" as defined by §5102, Subd. (d) of the Insurance Law of the State of New York. 4 of 8 FILED: NASSAU COUNTY CLERK 04/09/2021 02:45 PM INDEX NO. 604403/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 19. That by reason thereof, the plaintiff is entitled to recover for non-economic loss and for such economic losses as are not included within the definition of “basic economic loss” as set forth in §5102 Subd. (a) of the Insurance Law of the State of New York. 20. That the plaintiff is a "covered person" within the definition of, and as defined in, §5102, Subd. (j) of the Insurance Law of the State of New York. 21. That one (1) or more of the exceptions set forth in CPLR Section 1602 apply to this action. 22. That by reason of the foregoing, the plaintiff sustained serious personal injuries to various parts of the body; particularly his neck, head and left shoulder suffered and will continue to suffer great pain and anguish in body and mind; that plaintiff has received necessary hospital and medical attention by reason of the injuries sustained by plaintiff; that plaintiff has necessarily received, is receiving and will continue to receive medical care and treatment in connection with the injuries suffered by plaintiff, and in connection with which expenses have, are and will continue to be incurred; that plaintiff has been greatly incapacitated and has been unable to attend to plaintiff’s usual duties as plaintiff had theretofore done; plaintiff’s injuries are permanent, protracted and disabling in nature; and all the plaintiff damages as against the defendants are a sum which exceeds the jurisdictional limits of all lower courts of the State of New York. WHEREFORE, plaintiff demands judgment against the defendants in an amount which exceeds the jurisdictional limits of the lower courts of the State of New York, together with the costs and disbursements of this action. Dated: New York, New York April 9, 2021 5 of 8 FILED: NASSAU COUNTY CLERK 04/09/2021 02:45 PM INDEX NO. 604403/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 REDMOND LAW PLLC By: ______________________________ Cornelius Redmond, Esq. Attorneys for Plaintiff 80 Broad St., Suite 1202 New York, New York 10004 (212) 799-8989 6 of 8 FILED: NASSAU COUNTY CLERK 04/09/2021 02:45 PM INDEX NO. 604403/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 VERIFICATION STATE OF NEW YORK } } ss: COUNTY OF NEW YORK } I, the undersigned, an attorney duly admitted to practice law in the State of New York, state that I am a member of the firm REDMOND LAW PLLC, attorneys of record for the plaintiff in the within action; I have read the foregoing COMPLAINT and know the contents thereof; the same is true to my own knowledge except as to those matters therein stated to be alleged upon information and belief, and as to those matters, I believe to be true. The reason this verification is made by me and not by the plaintiff is that deponent maintains offices outside the County in which the plaintiff resides. The grounds of my belief as to all matters not stated upon my knowledge, are as follows: entire file maintained in your deponent’s offices, investigations, etc. I affirm that the foregoing statements are true, under the penalties of perjury. Dated: New York, New York April 9, 2021 By:______________________________ CORNELIUS REDMOND, ESQ. 7 of 8 FILED: NASSAU COUNTY CLERK 04/09/2021 02:45 PM INDEX NO. 604403/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No. COUNTY OF NASSAU TAY-JHAUN ALEXANDER BROWN, Plaintiff, -against- ROBERTO CABAN and GABRIELLE A. WATT, Defendants. SUMMONS AND VERIFIED COMPLAINT REDMOND LAW PLLC Attorneys for Plaintiff 80 Broad St., Suite 1202 New York, New York 10004 Tel: (212) 799-8989 Fax: (212) 461-7189 Pursuant to 22NYCRR 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, the contentions contained in the annexed document are not frivolous _______________________________ CORNELIUS REDMOND, ESQ. REDMOND LAW PLLC ______________________________________________________________________________ [ ] Notice of Entry that the within is a (certified) true copy of a duly entered in the Office of the Clerk of the within named court on 20 [ ] Notice of Settlement that an order of which the within is a true copy will be presented to the Hon. one of the judges of the within court at on 20 at M. Dated: Yours, etc. REDMOND LAW PLLC 80 Broad St., Suite 1202 New York, New York 10004 (212) 799-8989 8 of 8