Preview
FILED: ORANGE COUNTY CLERK 06/07/2021 09:20 AM INDEX NO. EF003821-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2021
Date of Filing:
Index #:
Plaintiff designates
Orange County
as the place of trial.
The basis of venue is the
Plaintiff's residence address.
Plaintiff resides at
63 S. Main Street
Florida, NY 10921
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
_______ -------------------.-----------X
CAROLINE KAY HANNA,
Plaintiff, SUMMONS
-against-
BORUCH PERL and MORDECHAI PERL,
Defendants.
__ _ _ __-________ ---.. ..---- ----------··--X
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 on the plaintiff's attorneys within - 20- days after the
appearance,
service of this summons, exclusive of the day of service (or within 30 days after the
service is complete if thissummons 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.
SOBO & SOBO, LLP
fidiana O rady, .
__
JULIANA O'GRADY
Attorneys for Plaintiff
One Dolson Avenue
Middletown, NY 10940
(845) 343-7626
Dated: June 7, 2021
Middletown, New York
Defendants'
addresses: See Complaint
Filedin Orange County 06/07/2021 09:20:23 AM $0.00 Bk: 1 of
5145 6 Pg: 681 Index:# EF003821-2021 Clerk: SW
FILED: ORANGE COUNTY CLERK 06/07/2021 09:20 AM INDEX NO. EF003821-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
------------ -----------------------------X
CAROLINE KAY HANNA,
Plaintiff, VERIFIED COMPLAINT
-against-
Index No.:
BORUCH PERL and MORDECHAI PERL,
Defendant.
____ .__.---- ------------------------ X
Plaintiff, CAROLINE KAY HANNA by her attorneys, SOBO & SOBO, LL.P.,
as and for her Verified Complaiñt, herein alleges the following:
1. That at all times hereinafter mentioned, the plaintiff Caroline Kay Hanna
was and stillis a resident of the County of Orange, State of New York.
2. That at all times hereinafter mentioned, upon information and belief, the
defendant, Boruch Perl, was and stillis a resident of the County of Kings, State of New
York.
3. That at all times hereinafter mentioned, upon information and belief, the
defendant, Mordechai Perl was and stillis a resident of the County of Kings, State of New
York.
4. That at all times hereinafter mentioned, upon information and belief, the
defendant, Mordechai Perl, was the registered and titled owner of a 2018 Chrysler motor
vehicle, bearing License Plate #HPE4482, for the State of New York.
5. That at all times hereinafter mentioned, upon information and belief, the
defenda-nt, Boruch Perl, was the operator of the aforesaid 2018 Chrysler motor vehicle,
bearing License Plate #HPE4482, for the State of New York.
2 of 6
FILED: ORANGE COUNTY CLERK 06/07/2021 09:20 AM INDEX NO. EF003821-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2021
6. That at alltimes hereinafter the plMntiff was the owner and
mentioned,
operator of a 2015 Ford motor vehicle, bearing License Plate #JND5774 for the State of
New York.
7. That at all times hcrciñafter mentioned, State Highway 17, located in the
Town of Walkill, County of Orange and State of New York, was and still is a public
highway and thoroughfare and was the situs of the accident herein.
8. That on or about August 9, 2020, the aforementioned motor vehicles were
in contact with each other. Plaintiff was eastbound in the leftlane of three lanes on State
Route 17 Eastbound. Defaan+ was eastbound in the leftlane behind
'mmediately
Plaintiff. Defendant rear-ended Plaintiff.
9. The contact and injuries alleged herein were caused by the negligent,
wanton, reckless and careless acts of the Defendant herein.
10. That the defendants were negligent, wanton, reckless and careless in
allowing, causing and/or permitting the motor vehicle owned and operated by said
defendant herein to come into contact with the Plaintiff s motor vehicle by rear ending
her; in failing to take those steps necessary to avoid the contingency which herein
occurred; in breaching a duty to other motorists to operate the motor vchicle in a safe
manner; in failing to keep the motor vehicle under proper control; in failing to operate the
motor vehicle in a manner and at a speed that was reasoñable and proper under the
prevailing traffic conditions; in failing to properly keep and maintain the motor vehicle so
as to prevent the cüñtingency which herein occurred; in failing to properly operate the
braking and accelemtion devices of the motor vehicle under the circumstances of the
roadway where the accident occurred; in failing to keep a proper lookout; in failing to
3 of 6
FILED: ORANGE COUNTY CLERK 06/07/2021 09:20 AM INDEX NO. EF003821-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2021
stop and/or slow down; in violating the rules of the road; in failing to obey one or more
traffic control device(s); in failing to observe that degree of caution, prudence and care
which was reasonable and proper under the controlling circumstances; in acting with
reckless disregard for the safety of others; in failing to keep alert and attentive; and the
defendants were in other ways negligent, wanton, reckless and careless.
11. That the defendants, and each of them, are liable to the Plaintiff upon the
doctrine of res ipsa loquitur.
12. The limited liability provisions of CPLR §1601 do not apply pursuant to
the exceptions of CPLR §1602 (6) and (7).
13. That by reason of the foregoing, the plaintiff was caused to sustain severe
and serious personal injuries to her mind and body, some of which, upon information and
belief, are permanent with pennanent effects of pain, disability, disfigurement and loss of
body function. Further, this plaintiff was caused to expend and become obligated for
diverse sums of money for the purpose of obtaining medical care and/or cure in an effort
to alleviate the suffering and ills swained as a result of this accident; this plaintiff further
was caused to lose substantial periods of time from her normal vocation, and upon
information and belief, may continue in that way into the future and suffer similar losses.
Furthermore, this plaintiff sustained a serious injury, as defined in the Insurance
Law Section 5102(d) for the State of New York, and economic losses in excess of "basic
loss"
economic as set forth in Insurance Law Sections 5102 and 5104.
14. That by reason of the foregoing, this plaintiff has been damaged in a sum
that exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction of this matter.
4 of 6
FILED: ORANGE COUNTY CLERK 06/07/2021 09:20 AM INDEX NO. EF003821-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2021
WHEREFORE, plaintiff demands judgment against the defendant, and each of
them, as follows:
A sum that exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction in this matter, together with the costs and disbursements of this
action.
DATED: June 7, 2021
Middletown, New York
JS /iana O cfra p, 617.
JULIANA O'GRADY, ESQ.
SOBO & SOBO, LLP
Attorneys for Plaintiff
One Dolson Avenue
Middletown, NY 10940
(845) 343-7626
TO: Boruch Perl
53rd
1966 Street
Brooklyn NY 11204
Mordechai Perl
53rd
1966 Street
Brooklyn, NY 11204
5 of 6
FILED: ORANGE COUNTY CLERK 06/07/2021 09:20 AM INDEX NO. EF003821-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2021
VERIFICATION
STATE OF NEW YORK, COUNTY OF ORANGE ss:
CAROLINE KAY HANNA, being duly sworn says; I am the plaintiff in.the action
herein; I have read the annexed Verified Complaint, know the contents thereof and
the same are true to my.knowledge, except those matters therein-which are stated to.
be alleged on information and belief, and as to those matters I believe them to be
. true.
- Swo n to bef r me on this
. , 2021
T PUBLIC
JESSICA RODRIGUEZ
Nota State ofNew York
R ions01RO6312297
fled in Orange County
Commission ExpiresSept. 29.2%
6 of 6
Preview
FILED: ORANGE COUNTY CLERK 06/07/2021 09:20 AM INDEX NO. EF003821-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2021 Date of Filing: Index #: Plaintiff designates Orange County as the place of trial. The basis of venue is the Plaintiff's residence address. Plaintiff resides at 63 S. Main Street Florida, NY 10921 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE _______ -------------------.-----------X CAROLINE KAY HANNA, Plaintiff, SUMMONS -against- BORUCH PERL and MORDECHAI PERL, Defendants. __ _ _ __-________ ---.. ..---- ----------··--X 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 on the plaintiff's attorneys within - 20- days after the appearance, service of this summons, exclusive of the day of service (or within 30 days after the service is complete if thissummons 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. SOBO & SOBO, LLP fidiana O rady, . __ JULIANA O'GRADY Attorneys for Plaintiff One Dolson Avenue Middletown, NY 10940 (845) 343-7626 Dated: June 7, 2021 Middletown, New York Defendants' addresses: See Complaint Filedin Orange County 06/07/2021 09:20:23 AM $0.00 Bk: 1 of 5145 6 Pg: 681 Index:# EF003821-2021 Clerk: SW FILED: ORANGE COUNTY CLERK 06/07/2021 09:20 AM INDEX NO. EF003821-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ------------ -----------------------------X CAROLINE KAY HANNA, Plaintiff, VERIFIED COMPLAINT -against- Index No.: BORUCH PERL and MORDECHAI PERL, Defendant. ____ .__.---- ------------------------ X Plaintiff, CAROLINE KAY HANNA by her attorneys, SOBO & SOBO, LL.P., as and for her Verified Complaiñt, herein alleges the following: 1. That at all times hereinafter mentioned, the plaintiff Caroline Kay Hanna was and stillis a resident of the County of Orange, State of New York. 2. That at all times hereinafter mentioned, upon information and belief, the defendant, Boruch Perl, was and stillis a resident of the County of Kings, State of New York. 3. That at all times hereinafter mentioned, upon information and belief, the defendant, Mordechai Perl was and stillis a resident of the County of Kings, State of New York. 4. That at all times hereinafter mentioned, upon information and belief, the defendant, Mordechai Perl, was the registered and titled owner of a 2018 Chrysler motor vehicle, bearing License Plate #HPE4482, for the State of New York. 5. That at all times hereinafter mentioned, upon information and belief, the defenda-nt, Boruch Perl, was the operator of the aforesaid 2018 Chrysler motor vehicle, bearing License Plate #HPE4482, for the State of New York. 2 of 6 FILED: ORANGE COUNTY CLERK 06/07/2021 09:20 AM INDEX NO. EF003821-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2021 6. That at alltimes hereinafter the plMntiff was the owner and mentioned, operator of a 2015 Ford motor vehicle, bearing License Plate #JND5774 for the State of New York. 7. That at all times hcrciñafter mentioned, State Highway 17, located in the Town of Walkill, County of Orange and State of New York, was and still is a public highway and thoroughfare and was the situs of the accident herein. 8. That on or about August 9, 2020, the aforementioned motor vehicles were in contact with each other. Plaintiff was eastbound in the leftlane of three lanes on State Route 17 Eastbound. Defaan+ was eastbound in the leftlane behind 'mmediately Plaintiff. Defendant rear-ended Plaintiff. 9. The contact and injuries alleged herein were caused by the negligent, wanton, reckless and careless acts of the Defendant herein. 10. That the defendants were negligent, wanton, reckless and careless in allowing, causing and/or permitting the motor vehicle owned and operated by said defendant herein to come into contact with the Plaintiff s motor vehicle by rear ending her; in failing to take those steps necessary to avoid the contingency which herein occurred; in breaching a duty to other motorists to operate the motor vchicle in a safe manner; in failing to keep the motor vehicle under proper control; in failing to operate the motor vehicle in a manner and at a speed that was reasoñable and proper under the prevailing traffic conditions; in failing to properly keep and maintain the motor vehicle so as to prevent the cüñtingency which herein occurred; in failing to properly operate the braking and accelemtion devices of the motor vehicle under the circumstances of the roadway where the accident occurred; in failing to keep a proper lookout; in failing to 3 of 6 FILED: ORANGE COUNTY CLERK 06/07/2021 09:20 AM INDEX NO. EF003821-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2021 stop and/or slow down; in violating the rules of the road; in failing to obey one or more traffic control device(s); in failing to observe that degree of caution, prudence and care which was reasonable and proper under the controlling circumstances; in acting with reckless disregard for the safety of others; in failing to keep alert and attentive; and the defendants were in other ways negligent, wanton, reckless and careless. 11. That the defendants, and each of them, are liable to the Plaintiff upon the doctrine of res ipsa loquitur. 12. The limited liability provisions of CPLR §1601 do not apply pursuant to the exceptions of CPLR §1602 (6) and (7). 13. That by reason of the foregoing, the plaintiff was caused to sustain severe and serious personal injuries to her mind and body, some of which, upon information and belief, are permanent with pennanent effects of pain, disability, disfigurement and loss of body function. Further, this plaintiff was caused to expend and become obligated for diverse sums of money for the purpose of obtaining medical care and/or cure in an effort to alleviate the suffering and ills swained as a result of this accident; this plaintiff further was caused to lose substantial periods of time from her normal vocation, and upon information and belief, may continue in that way into the future and suffer similar losses. Furthermore, this plaintiff sustained a serious injury, as defined in the Insurance Law Section 5102(d) for the State of New York, and economic losses in excess of "basic loss" economic as set forth in Insurance Law Sections 5102 and 5104. 14. That by reason of the foregoing, this plaintiff has been damaged in a sum that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this matter. 4 of 6 FILED: ORANGE COUNTY CLERK 06/07/2021 09:20 AM INDEX NO. EF003821-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2021 WHEREFORE, plaintiff demands judgment against the defendant, and each of them, as follows: A sum that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction in this matter, together with the costs and disbursements of this action. DATED: June 7, 2021 Middletown, New York JS /iana O cfra p, 617. JULIANA O'GRADY, ESQ. SOBO & SOBO, LLP Attorneys for Plaintiff One Dolson Avenue Middletown, NY 10940 (845) 343-7626 TO: Boruch Perl 53rd 1966 Street Brooklyn NY 11204 Mordechai Perl 53rd 1966 Street Brooklyn, NY 11204 5 of 6 FILED: ORANGE COUNTY CLERK 06/07/2021 09:20 AM INDEX NO. EF003821-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2021 VERIFICATION STATE OF NEW YORK, COUNTY OF ORANGE ss: CAROLINE KAY HANNA, being duly sworn says; I am the plaintiff in.the action herein; I have read the annexed Verified Complaint, know the contents thereof and the same are true to my.knowledge, except those matters therein-which are stated to. be alleged on information and belief, and as to those matters I believe them to be . true. - Swo n to bef r me on this . , 2021 T PUBLIC JESSICA RODRIGUEZ Nota State ofNew York R ions01RO6312297 fled in Orange County Commission ExpiresSept. 29.2% 6 of 6