Preview
FILED: GENESEE COUNTY CLERK 07/20/2021 09:24 AM INDEX NO. E69269
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2021
STATE OF NEW YORK
SUPREME COURT: COUNTY OF GENESEE
GARY L. PATNODE
7213 Ackerson Road
Basom, New York 14013
Plaintiff SUMMONS
v. Index No.: ____________
CHRISTINE TEPROVICH
28 Patsy Lane
Depew, New York 14043
Defendant
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to Answer the Complaint in this action and to serve
a copy of your Answer on the Plaintiff's Attorneys within 20 days after the service of this
Summons, exclusive of the day of service (or within 30 days after the service if this Summons is
not personally delivered to you within the State) and in case of your failure to Answer, Judgment
will be entered against you by default for the relief demanded in the Complaint. Plaintiff's
complaint against you is in excess of the jurisdictional limits of all lower Courts for causes of
action based upon negligence. Genesee County is designated as the place of trial based upon the
Plaintiff's residence therein.
DATED: July 20, 2021 /s/ Kristin Walker
Kristin Walker, Esq.
WILLIAM MATTAR, P.C.
Attorneys for Plaintiff
Office and Post Office Address
6720 Main Street, Suite 100
Williamsville, NY 14221-5986
(716) 633-3535
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FILED: GENESEE COUNTY CLERK 07/20/2021 09:24 AM INDEX NO. E69269
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2021
STATE OF NEW YORK
SUPREME COURT: COUNTY OF GENESEE
GARY L. PATNODE
Plaintiff COMPLAINT
v. Index No.: ____________
CHRISTINE TEPROVICH
Defendant
The Plaintiff, GARY L. PATNODE, by his attorneys, WILLIAM MATTAR, P.C., as
and for his complaint against the Defendant, CHRISTINE TEPROVICH, herein, alleges:
1) That the Plaintiff, GARY L. PATNODE, at all times mentioned herein, was a
resident of the County of Genesee and State of New York.
2) That upon information and belief, at all times hereinafter mentioned, the Defendant,
CHRISTINE TEPROVICH, was a resident of the Village of Depew, County of Erie and State of
New York.
3) That at all times hereinafter mentioned, on or about August 12, 2018, the
Defendant, CHRISTINE TEPROVICH, was the owner of a 2018 Volkswagen motor vehicle,
license plate number AKH7755, registered in the State of New York for the year 2018.
4) That at all times hereinafter mentioned, 700 Block of Niagara Street at or near 8th
and Niagara Street Intersection, in Niagara Falls, New York, was a public street, highway and/or
thoroughfare.
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FILED: GENESEE COUNTY CLERK 07/20/2021 09:24 AM INDEX NO. E69269
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5) That upon information and belief, this action falls within one or more of the
exceptions set forth in CPLR 1602.
6) That on or about August 12, 2018, the Defendant, CHRISTINE TEPROVICH, was
owner and operator of the aforementioned vehicle, when said vehicle collided with and became
involved in a collision with a vehicle in which the Plaintiff, GARY L. PATNODE, was a
passenger, said collision occurring on 700 Block of Niagara Street at or near 8th and Niagara Street
Intersection, in Niagara Falls, New York.
7) That the collision herein occurred wholly and solely as a result of the negligent,
careless and/or reckless manner in which the Defendant, CHRISTINE TEPROVICH, operated her
motor vehicle on or about August 12, 2018, without any fault or want of care on the part of the
Plaintiff, GARY L. PATNODE.
8) That the Defendant, CHRISTINE TEPROVICH, is not allowed to needlessly
endanger the public when operating her motor vehicle.
9) That the Defendant, CHRISTINE TEPROVICH, must operate her motor vehicle in
a safe manner on public roads.
10) That the Defendant, CHRISTINE TEPROVICH, must abide by the New York State
Vehicle and Traffic Law when operating her motor vehicle.
11) That wholly and solely as a result of the negligence, carelessness and recklessness
of the Defendant, CHRISTINE TEPROVICH, Plaintiff, GARY L. PATNODE, suffered and
sustained serious injuries as the same are defined in §5102(d) of the Insurance Law of the State of
New York, as amended, and he has been caused to suffer and sustain personal injuries in and to
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FILED: GENESEE COUNTY CLERK 07/20/2021 09:24 AM INDEX NO. E69269
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2021
the body which are permanent in nature. That the Plaintiff, GARY L. PATNODE, has also
sustained economic loss greater than basic economic loss as defined in §5102(a) of the Insurance
Law of the State of New York, and has or may be caused to suffer loss in excess of the jurisdictional
limits of all lower Courts.
WHEREFORE, the Plaintiff, GARY L. PATNODE, demands Judgment against the
Defendant, herein in an amount that exceeds the jurisdictional limits of all lower Courts which
would otherwise have jurisdiction, together with the costs and disbursements of said action and
any such other and further relief as the Court may deem just and proper.
DATED: July 20, 2021
/s/ Kristin Walker
Kristin Walker, Esq.
WILLIAM MATTAR, P.C.
Attorneys for Plaintiff
Office and Post Office Address
6720 Main Street, Suite 100
Williamsville, NY 14221-5986
(716) 633-3535
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Preview
FILED: GENESEE COUNTY CLERK 07/20/2021 09:24 AM INDEX NO. E69269 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2021 STATE OF NEW YORK SUPREME COURT: COUNTY OF GENESEE GARY L. PATNODE 7213 Ackerson Road Basom, New York 14013 Plaintiff SUMMONS v. Index No.: ____________ CHRISTINE TEPROVICH 28 Patsy Lane Depew, New York 14043 Defendant TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to Answer the Complaint in this action and to serve a copy of your Answer on the Plaintiff's Attorneys within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service if this Summons is not personally delivered to you within the State) and in case of your failure to Answer, Judgment will be entered against you by default for the relief demanded in the Complaint. Plaintiff's complaint against you is in excess of the jurisdictional limits of all lower Courts for causes of action based upon negligence. Genesee County is designated as the place of trial based upon the Plaintiff's residence therein. DATED: July 20, 2021 /s/ Kristin Walker Kristin Walker, Esq. WILLIAM MATTAR, P.C. Attorneys for Plaintiff Office and Post Office Address 6720 Main Street, Suite 100 Williamsville, NY 14221-5986 (716) 633-3535 1 of 4 FILED: GENESEE COUNTY CLERK 07/20/2021 09:24 AM INDEX NO. E69269 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2021 STATE OF NEW YORK SUPREME COURT: COUNTY OF GENESEE GARY L. PATNODE Plaintiff COMPLAINT v. Index No.: ____________ CHRISTINE TEPROVICH Defendant The Plaintiff, GARY L. PATNODE, by his attorneys, WILLIAM MATTAR, P.C., as and for his complaint against the Defendant, CHRISTINE TEPROVICH, herein, alleges: 1) That the Plaintiff, GARY L. PATNODE, at all times mentioned herein, was a resident of the County of Genesee and State of New York. 2) That upon information and belief, at all times hereinafter mentioned, the Defendant, CHRISTINE TEPROVICH, was a resident of the Village of Depew, County of Erie and State of New York. 3) That at all times hereinafter mentioned, on or about August 12, 2018, the Defendant, CHRISTINE TEPROVICH, was the owner of a 2018 Volkswagen motor vehicle, license plate number AKH7755, registered in the State of New York for the year 2018. 4) That at all times hereinafter mentioned, 700 Block of Niagara Street at or near 8th and Niagara Street Intersection, in Niagara Falls, New York, was a public street, highway and/or thoroughfare. 2 of 4 FILED: GENESEE COUNTY CLERK 07/20/2021 09:24 AM INDEX NO. E69269 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2021 5) That upon information and belief, this action falls within one or more of the exceptions set forth in CPLR 1602. 6) That on or about August 12, 2018, the Defendant, CHRISTINE TEPROVICH, was owner and operator of the aforementioned vehicle, when said vehicle collided with and became involved in a collision with a vehicle in which the Plaintiff, GARY L. PATNODE, was a passenger, said collision occurring on 700 Block of Niagara Street at or near 8th and Niagara Street Intersection, in Niagara Falls, New York. 7) That the collision herein occurred wholly and solely as a result of the negligent, careless and/or reckless manner in which the Defendant, CHRISTINE TEPROVICH, operated her motor vehicle on or about August 12, 2018, without any fault or want of care on the part of the Plaintiff, GARY L. PATNODE. 8) That the Defendant, CHRISTINE TEPROVICH, is not allowed to needlessly endanger the public when operating her motor vehicle. 9) That the Defendant, CHRISTINE TEPROVICH, must operate her motor vehicle in a safe manner on public roads. 10) That the Defendant, CHRISTINE TEPROVICH, must abide by the New York State Vehicle and Traffic Law when operating her motor vehicle. 11) That wholly and solely as a result of the negligence, carelessness and recklessness of the Defendant, CHRISTINE TEPROVICH, Plaintiff, GARY L. PATNODE, suffered and sustained serious injuries as the same are defined in §5102(d) of the Insurance Law of the State of New York, as amended, and he has been caused to suffer and sustain personal injuries in and to 3 of 4 FILED: GENESEE COUNTY CLERK 07/20/2021 09:24 AM INDEX NO. E69269 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/20/2021 the body which are permanent in nature. That the Plaintiff, GARY L. PATNODE, has also sustained economic loss greater than basic economic loss as defined in §5102(a) of the Insurance Law of the State of New York, and has or may be caused to suffer loss in excess of the jurisdictional limits of all lower Courts. WHEREFORE, the Plaintiff, GARY L. PATNODE, demands Judgment against the Defendant, herein in an amount that exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction, together with the costs and disbursements of said action and any such other and further relief as the Court may deem just and proper. DATED: July 20, 2021 /s/ Kristin Walker Kristin Walker, Esq. WILLIAM MATTAR, P.C. Attorneys for Plaintiff Office and Post Office Address 6720 Main Street, Suite 100 Williamsville, NY 14221-5986 (716) 633-3535 4 of 4