Preview
FILED: WESTCHESTER COUNTY CLERK 06/11/2021 11:21 AM INDEX NO. 58036/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF WESTCHESTER
NATIONWIDE AFFINITY INSURANCE COMPANY OF Index No:
AMERICAAS SUBROGEE OF MARIA AND
FRANCISCO FELIZARDO,
SUMMONS
Plaintiff(s),
Plaintiff's address:
-against- 225 Greenfield Parkway
Suites 200 and 201
Liverpool, NY 13088
IMMACULATE CONCEPTION, JAMES VILLA, AND
JOSEPH CHECKSFIELD,
Venue designated based on:
Place of Occurrence
Defendant(s).
To the above-named defendant(s):
YOU ARE HEREBY SUMMONED and required to appear in the Civil
Court of the City of New York at the office of the Clerk of said Court at 111 Dr. martin
Luther King Jr. Blvd., White Plains, New York, 10601, by serving an Answer to the
annexed Verified Comphaint upon Clerk of the Court, at the address stated above within the
time provided by law as noted below; upon your failure to answer, judgment will be taken
against you for the sum of $14,401.78 with interest thereon from December 12, 2019
together with the costs of this action.
DATED: NORTHPORT, NE W Y ORK
February 16, 2021
Defendant(s) Address(es) Jessica D. Sparacin ,-Esq
Sparacino &-8 aracino PLLC
Immaculate Conception Attorneys for Plaintiff
125 Thompson Street 131 Scudder Avenue
New York, NY 10012 Northport, New York 11768
(631) 651-8783
James Villa
25 Laurel Avenue
Mount Vernon, NY 10522
Joseph Checksfield
157 Foster Avenue
Mount Vernon, NY 10552
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FILED: WESTCHESTER COUNTY CLERK 06/11/2021 11:21 AM INDEX NO. 58036/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF WESTCHESTSER
NATIONWIDE AFFINITY INSURANCE COMPANY OF Index No:
AMERICA AS SUBROGEE OF MARIA AND
FRANCISCO FELIZARDO,
VERIFIED COMPLAINT
Plaintiff(s),
-against-
IMMACULATE CONCEPTION, JAMES VILLA, AND
JOSEPH CHECKSFIELD,
Defendant(s).
Plaintiff(s), by its attorneys, Sparacino & Sparacino PLLC complaining of the
defendant(s), alleges as follows:
1. At all times herein stated and hereinafter mentioned the plaintiff was and stillis an
insurance compcmy authorized to do business in the State of New York, doing so in
the County of Westchester.
2. That on December 12, 2019 the defendant Immaculate Conception owned a motor
vehicle bearing New York State license plate number BCU2136.
3. That on December 12, 2019 the defendant Joseph Checksfield owned a motor
vehicle bearing New York license plate mimber T667257C.
4. That on December 12, 2019, the defendant James Villa operated a motor vehicle
bearing New York State license plate number BCU2136 with consent of the owner.
5. That on December 12, 2019, the defendant Joseph Checksfield operated a motor
vehicle bearing New York license plate number T667257C.
6. That on December 12, 2019 plaintiff subrogor's automobile sustained damages as a
result of an accident that occurred at or near North Macquesten Parkway, County of
Westchester, State of New York.
7. Said accident was due to the negligence of the defendants in the ownership,
operation, maintenance, management and control of a motor vehicle bearing New
York State license plate numbers BCU2136 and T667257C.
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FILED: WESTCHESTER COUNTY CLERK 06/11/2021 11:21 AM INDEX NO. 58036/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
8. That as a result of said accident, plaintiff subrogor's automobile was damaged in the
amount of $13,152.54.
9. That as a result of said accident, plaintiff subrogors automobile had a loss of use in
the amount of $1,249.24.
WHEREFORE, plaintiff(s) demand(s) judgment against said defendant(s) for
the sum of $14,401.78 with interest thereon from December 12, 2019 together with
costs and disbursements.
DATED: NORTHPORT, NEW YORK
February 16, 2021
Jessica D. Sparacino, Esq.
Sparacino & Sparacino, PLLC
Attorneys for Plaintiff
131 Scudder Avenue
Northport, New York 11768
(631) 651-8783
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FILED: WESTCHESTER COUNTY CLERK 06/11/2021 11:21 AM INDEX NO. 58036/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
JESSICA D. SPARACINO, being duly sworn, deposes and says:
That he is an attorney at law associated with Sparacino & Sparacino PLLC the
attorneys for Plaintiff herein, an insurance company licensed to do business in the State of
New York.
That he has read the foregoing Summons & Verified Complaint and knows the
contents thereof, and that the same is true to her own knowledge, except as to the matter
therein stated to be alleged upon information and belief, and as to those matters she believes
them to be true.
Deponent further says that the reason this verification is made by the deponent and
not by the plaintiff subrogee is because the said plaintiff subrogee is a foreign corporation
and deponent is an attorney designated by said corporation for the purpose of initiating this
action.
Dated: Northport, New York
February 16, 2021
JESSI SPARAC PO, ESQ.
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FILED: WESTCHESTER COUNTY CLERK 06/11/2021 11:21 AM INDEX NO. 58036/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
Index No. Year
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF WESTCHESTER
NATIONWIDE AFFINITY INSURANCE COMPANY AS SUBROGEE OF MARIAAND
FRANCISCO FELIZARDO,
Plaintiff(s),
-against-
IMMACULATE CONCEPTION, JAMES VILLA AND JOSEPH CHECKSFIELD,
Defendant(s).
SUMMONS & COMPLAINT
SPARACINO & SPARAC1NO PLLC
Attorney for Plaintiff
131 Scudder Avenue
Northport, NY 11768
(631) 651-8783
NOTICE OF ENTRY
Sir: 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 , 20 .
Dated: Northport, New York
NOTICE OF SETTLEMENT
Sir: Please take notice 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
on the day of , 20 at .M.
Dated: Northport, New York
Service of a copy of the within is hereby admitted.
Dated: , 20
Attorney(s) for:
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FILED: WESTCHESTER COUNTY CLERK 06/11/2021 11:21 AM INDEX NO. 58036/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF WESTCHESTER NATIONWIDE AFFINITY INSURANCE COMPANY OF Index No: AMERICAAS SUBROGEE OF MARIA AND FRANCISCO FELIZARDO, SUMMONS Plaintiff(s), Plaintiff's address: -against- 225 Greenfield Parkway Suites 200 and 201 Liverpool, NY 13088 IMMACULATE CONCEPTION, JAMES VILLA, AND JOSEPH CHECKSFIELD, Venue designated based on: Place of Occurrence Defendant(s). To the above-named defendant(s): YOU ARE HEREBY SUMMONED and required to appear in the Civil Court of the City of New York at the office of the Clerk of said Court at 111 Dr. martin Luther King Jr. Blvd., White Plains, New York, 10601, by serving an Answer to the annexed Verified Comphaint upon Clerk of the Court, at the address stated above within the time provided by law as noted below; upon your failure to answer, judgment will be taken against you for the sum of $14,401.78 with interest thereon from December 12, 2019 together with the costs of this action. DATED: NORTHPORT, NE W Y ORK February 16, 2021 Defendant(s) Address(es) Jessica D. Sparacin ,-Esq Sparacino &-8 aracino PLLC Immaculate Conception Attorneys for Plaintiff 125 Thompson Street 131 Scudder Avenue New York, NY 10012 Northport, New York 11768 (631) 651-8783 James Villa 25 Laurel Avenue Mount Vernon, NY 10522 Joseph Checksfield 157 Foster Avenue Mount Vernon, NY 10552 1 of 5 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 11:21 AM INDEX NO. 58036/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF WESTCHESTSER NATIONWIDE AFFINITY INSURANCE COMPANY OF Index No: AMERICA AS SUBROGEE OF MARIA AND FRANCISCO FELIZARDO, VERIFIED COMPLAINT Plaintiff(s), -against- IMMACULATE CONCEPTION, JAMES VILLA, AND JOSEPH CHECKSFIELD, Defendant(s). Plaintiff(s), by its attorneys, Sparacino & Sparacino PLLC complaining of the defendant(s), alleges as follows: 1. At all times herein stated and hereinafter mentioned the plaintiff was and stillis an insurance compcmy authorized to do business in the State of New York, doing so in the County of Westchester. 2. That on December 12, 2019 the defendant Immaculate Conception owned a motor vehicle bearing New York State license plate number BCU2136. 3. That on December 12, 2019 the defendant Joseph Checksfield owned a motor vehicle bearing New York license plate mimber T667257C. 4. That on December 12, 2019, the defendant James Villa operated a motor vehicle bearing New York State license plate number BCU2136 with consent of the owner. 5. That on December 12, 2019, the defendant Joseph Checksfield operated a motor vehicle bearing New York license plate number T667257C. 6. That on December 12, 2019 plaintiff subrogor's automobile sustained damages as a result of an accident that occurred at or near North Macquesten Parkway, County of Westchester, State of New York. 7. Said accident was due to the negligence of the defendants in the ownership, operation, maintenance, management and control of a motor vehicle bearing New York State license plate numbers BCU2136 and T667257C. 2 of 5 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 11:21 AM INDEX NO. 58036/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 8. That as a result of said accident, plaintiff subrogor's automobile was damaged in the amount of $13,152.54. 9. That as a result of said accident, plaintiff subrogors automobile had a loss of use in the amount of $1,249.24. WHEREFORE, plaintiff(s) demand(s) judgment against said defendant(s) for the sum of $14,401.78 with interest thereon from December 12, 2019 together with costs and disbursements. DATED: NORTHPORT, NEW YORK February 16, 2021 Jessica D. Sparacino, Esq. Sparacino & Sparacino, PLLC Attorneys for Plaintiff 131 Scudder Avenue Northport, New York 11768 (631) 651-8783 3 of 5 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 11:21 AM INDEX NO. 58036/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) JESSICA D. SPARACINO, being duly sworn, deposes and says: That he is an attorney at law associated with Sparacino & Sparacino PLLC the attorneys for Plaintiff herein, an insurance company licensed to do business in the State of New York. That he has read the foregoing Summons & Verified Complaint and knows the contents thereof, and that the same is true to her own knowledge, except as to the matter therein stated to be alleged upon information and belief, and as to those matters she believes them to be true. Deponent further says that the reason this verification is made by the deponent and not by the plaintiff subrogee is because the said plaintiff subrogee is a foreign corporation and deponent is an attorney designated by said corporation for the purpose of initiating this action. Dated: Northport, New York February 16, 2021 JESSI SPARAC PO, ESQ. 4 of 5 FILED: WESTCHESTER COUNTY CLERK 06/11/2021 11:21 AM INDEX NO. 58036/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 Index No. Year CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF WESTCHESTER NATIONWIDE AFFINITY INSURANCE COMPANY AS SUBROGEE OF MARIAAND FRANCISCO FELIZARDO, Plaintiff(s), -against- IMMACULATE CONCEPTION, JAMES VILLA AND JOSEPH CHECKSFIELD, Defendant(s). SUMMONS & COMPLAINT SPARACINO & SPARAC1NO PLLC Attorney for Plaintiff 131 Scudder Avenue Northport, NY 11768 (631) 651-8783 NOTICE OF ENTRY Sir: 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 , 20 . Dated: Northport, New York NOTICE OF SETTLEMENT Sir: Please take notice 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 on the day of , 20 at .M. Dated: Northport, New York Service of a copy of the within is hereby admitted. Dated: , 20 Attorney(s) for: 5 of 5