Preview
FILED: SUFFOLK COUNTY CLERK 06/11/2021 01:26 PM INDEX NO. 611178/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF SUFFOLK
-------------------------------------------------------------------------X Filed:
NICHOLAS DASSLER,
SUMMONS
Plaintiff,
Plaintiff designates Suffolk
County as the place of trial.
-against-
The basis of venue is
DANIEL B. KREMEN and GOLDEN HAWK LLC, Defendant’s Residence:
45 Adams Road, Apt. 1D
Defendants.
Central Islip, NY 11722
-------------------------------------------------------------------------X (Suffolk County)
To the above 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
day of service, where service is made by delivery upon you personally within the state or within thirty
(30) days after completion of service where service is made in any other manner. 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: Holtsville, New York
June 11, 2021
TO:
DANIEL B. KREMEN
45 Adams Road, Apt. 1D
Central Islip, NY, 11722
GOLDEN HAWK, LLC
1170 Delsea Drive
Westville, NJ 08093
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FILED: SUFFOLK COUNTY CLERK 06/11/2021 01:26 PM INDEX NO. 611178/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------------------------X
NICHOLAS DASSLER,
Plaintiff, Index No.:
COMPLAINT
-against-
DANIEL B. KREMEN and GOLDEN HAWK LLC,
Defendants.
-------------------------------------------------------------------------X
The Plaintiff, above named, complaining of the Defendants by his attorneys,
ROSENBERG & GLUCK, L.L.P., respectfully alleges, upon information and belief, as follows:
1. At all times mentioned herein, Defendant GOLDEN HAWK LLC, was a foreign
limited liability corporation duly organized and existing under and by virtue of the laws of the
State of New Jersey.
2. At all times mentioned herein, Defendant GOLDEN HAWK LLC, was the owner
of a motor vehicle bearing New Jersey license plate number V692774.
3. At all times mentioned herein, Defendant DANIEL B. KREMEN, was the operator
of the aforesaid motor vehicle.
4. At all times mentioned herein, Defendant DANIEL B. KREMEN, operated the
aforesaid motor vehicle with the knowledge and consent of its owner.
5. At all times mentioned herein, Defendant DANIEL B. KREMEN, operated the
aforesaid motor vehicle in the course of his employment with Defendant GOLDEN HAWK LLC.
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FILED: SUFFOLK COUNTY CLERK 06/11/2021 01:26 PM INDEX NO. 611178/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
6. At all times mentioned herein, Defendant DANIEL B. KREMEN operated the
aforesaid motor vehicle in the course of his employment with its owner.
7. At all times mentioned herein, Plaintiff was the operator of a motor vehicle.
8. On or about December 8, 2020, on Deer Park Road, approximately one half-mile
south of its intersection with Half Hollow Road, Town of Huntington, County of Suffolk, State of
New York the motor vehicle of Defendants came into contact with the motor vehicle of Plaintiff.
9. On or about December 8, 2020, the motor vehicle of Defendants and the motor
vehicle of the Plaintiff came into contact.
10. On or about December 8, 2020, the motor vehicle of Defendants came into contact
with another motor vehicle.
11. On or about December 8, 2020, Defendant DANIEL B. KREMEN, observed the
Plaintiff’s motor vehicle prior to contact between the vehicles.
12. The aforesaid occurrence was due to negligence, carelessness and recklessness of
the Defendants in the ownership, operation, maintenance, management and/or control of their
motor vehicle and through no fault or lack of care on the part of the Plaintiff herein.
13. As a result of the aforesaid occurrence, Plaintiff sustained a serious personal injury
as defined in Section 5102(d) of the Insurance Law and/or economic loss greater than a basic
economic loss as defined in Section 5102(a) of the Insurance Law.
14. Plaintiff was seriously injured.
15. This action falls within one or more of the exceptions set forth in CPLR §1602,
including, but not limited to, subsections (2), (6) and (7).
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
16. As a result of the aforesaid occurrence, Plaintiff was caused to sustain serious
personal injuries, a severe shock to his nervous system and certain internal injuries, and has been
caused to suffer severe physical pain as a result thereof. Some of the aforesaid injuries are of a
permanent and lasting nature. Plaintiff was incapacitated from his usual vocation and avocation
and caused to undergo medical care and attention.
17. By reason of the foregoing, Plaintiff has been damaged in an amount which exceeds
the jurisdictional limits of all lower courts.
WHEREFORE, Plaintiff demands judgment against the Defendants in an amount which
exceeds the monetary jurisdictional limits of all lower courts of the State of New York, together
with the costs and disbursements of this action.
Dated: June 11, 2021
Holtsville, New York
Yours, etc.
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FILED: SUFFOLK COUNTY CLERK 06/11/2021 01:26 PM INDEX NO. 611178/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
NICHOLAS DASSLER,
Plaintiff,
-against-
DANIEL B. KREMEN and GOLDEN HAWK LLC,
Defendants.
SUMMONS & COMPLAINT
ROSENBERG & GLUCK, LLP
Attorneys for Plaintiff
1176 Portion Road
Holtsville, NY 11742
631-451-7900
LITIGATION PAPERS ARE NOT TO BE SERVED BY FAX EXCEPT BY EXPRESS PRIOR WRITTEN PERMISSION
To:
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated:
.............................................................
Attorney(s) for
PLEASE TAKE NOTICE
NOTICE OF ENTRY
that the within is a (certified) true copy of an
entered in the office of the Clerk of the within named
Court on.
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 named Court, at ,
on , 20 , at a.m./p.m.
ROSENBERG & GLUCK, LLP
Attorneys for Plaintiff
1176 Portion Road
Holtsville, NY 11742
(631) 451-7900
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Preview
FILED: SUFFOLK COUNTY CLERK 06/11/2021 01:26 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF SUFFOLK -------------------------------------------------------------------------X Filed: NICHOLAS DASSLER, SUMMONS Plaintiff, Plaintiff designates Suffolk County as the place of trial. -against- The basis of venue is DANIEL B. KREMEN and GOLDEN HAWK LLC, Defendant’s Residence: 45 Adams Road, Apt. 1D Defendants. Central Islip, NY 11722 -------------------------------------------------------------------------X (Suffolk County) To the above 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 day of service, where service is made by delivery upon you personally within the state or within thirty (30) days after completion of service where service is made in any other manner. 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: Holtsville, New York June 11, 2021 TO: DANIEL B. KREMEN 45 Adams Road, Apt. 1D Central Islip, NY, 11722 GOLDEN HAWK, LLC 1170 Delsea Drive Westville, NJ 08093 1 of 5 FILED: SUFFOLK COUNTY CLERK 06/11/2021 01:26 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------------------------------------------------X NICHOLAS DASSLER, Plaintiff, Index No.: COMPLAINT -against- DANIEL B. KREMEN and GOLDEN HAWK LLC, Defendants. -------------------------------------------------------------------------X The Plaintiff, above named, complaining of the Defendants by his attorneys, ROSENBERG & GLUCK, L.L.P., respectfully alleges, upon information and belief, as follows: 1. At all times mentioned herein, Defendant GOLDEN HAWK LLC, was a foreign limited liability corporation duly organized and existing under and by virtue of the laws of the State of New Jersey. 2. At all times mentioned herein, Defendant GOLDEN HAWK LLC, was the owner of a motor vehicle bearing New Jersey license plate number V692774. 3. At all times mentioned herein, Defendant DANIEL B. KREMEN, was the operator of the aforesaid motor vehicle. 4. At all times mentioned herein, Defendant DANIEL B. KREMEN, operated the aforesaid motor vehicle with the knowledge and consent of its owner. 5. At all times mentioned herein, Defendant DANIEL B. KREMEN, operated the aforesaid motor vehicle in the course of his employment with Defendant GOLDEN HAWK LLC. 2 2 of 5 FILED: SUFFOLK COUNTY CLERK 06/11/2021 01:26 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 6. At all times mentioned herein, Defendant DANIEL B. KREMEN operated the aforesaid motor vehicle in the course of his employment with its owner. 7. At all times mentioned herein, Plaintiff was the operator of a motor vehicle. 8. On or about December 8, 2020, on Deer Park Road, approximately one half-mile south of its intersection with Half Hollow Road, Town of Huntington, County of Suffolk, State of New York the motor vehicle of Defendants came into contact with the motor vehicle of Plaintiff. 9. On or about December 8, 2020, the motor vehicle of Defendants and the motor vehicle of the Plaintiff came into contact. 10. On or about December 8, 2020, the motor vehicle of Defendants came into contact with another motor vehicle. 11. On or about December 8, 2020, Defendant DANIEL B. KREMEN, observed the Plaintiff’s motor vehicle prior to contact between the vehicles. 12. The aforesaid occurrence was due to negligence, carelessness and recklessness of the Defendants in the ownership, operation, maintenance, management and/or control of their motor vehicle and through no fault or lack of care on the part of the Plaintiff herein. 13. As a result of the aforesaid occurrence, Plaintiff sustained a serious personal injury as defined in Section 5102(d) of the Insurance Law and/or economic loss greater than a basic economic loss as defined in Section 5102(a) of the Insurance Law. 14. Plaintiff was seriously injured. 15. This action falls within one or more of the exceptions set forth in CPLR §1602, including, but not limited to, subsections (2), (6) and (7). 3 3 of 5 FILED: SUFFOLK COUNTY CLERK 06/11/2021 01:26 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 16. As a result of the aforesaid occurrence, Plaintiff was caused to sustain serious personal injuries, a severe shock to his nervous system and certain internal injuries, and has been caused to suffer severe physical pain as a result thereof. Some of the aforesaid injuries are of a permanent and lasting nature. Plaintiff was incapacitated from his usual vocation and avocation and caused to undergo medical care and attention. 17. By reason of the foregoing, Plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts. WHEREFORE, Plaintiff demands judgment against the Defendants in an amount which exceeds the monetary jurisdictional limits of all lower courts of the State of New York, together with the costs and disbursements of this action. Dated: June 11, 2021 Holtsville, New York Yours, etc. 4 4 of 5 FILED: SUFFOLK COUNTY CLERK 06/11/2021 01:26 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK NICHOLAS DASSLER, Plaintiff, -against- DANIEL B. KREMEN and GOLDEN HAWK LLC, Defendants. SUMMONS & COMPLAINT ROSENBERG & GLUCK, LLP Attorneys for Plaintiff 1176 Portion Road Holtsville, NY 11742 631-451-7900 LITIGATION PAPERS ARE NOT TO BE SERVED BY FAX EXCEPT BY EXPRESS PRIOR WRITTEN PERMISSION To: Attorney(s) for Service of a copy of the within is hereby admitted. Dated: ............................................................. Attorney(s) for PLEASE TAKE NOTICE NOTICE OF ENTRY that the within is a (certified) true copy of an entered in the office of the Clerk of the within named Court on. 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 named Court, at , on , 20 , at a.m./p.m. ROSENBERG & GLUCK, LLP Attorneys for Plaintiff 1176 Portion Road Holtsville, NY 11742 (631) 451-7900 5 of 5