Preview
FILED: ORANGE COUNTY CLERK 07/23/2021 11:54 AM INDEX NO. EF005199-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
----------------------------------X Index No.:
LAURIE HAFNER,
Filed:
Plaintiff,
SUMMONS
-against-
Plaintiff designates
ORANGE COUNTY
HOMEPRO EXTERIORS INC. and as the place of trial.
OMAR RAMOS MENDOZA,
The basis of venue is location of
Defendants. occurrence
-X
To the above named Defendants: Plaintiff Resides at:
334 Cedar Hill Road
Wappingers Falls, NY 12590
County of Dutchess
YOU ARE HEREBY SUMMONED to answer the Complaint in thisaction and to serve
a copy of your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of
Plaintiffs'
Appearance, on attomey within 20 days after the service of this Summon, 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 for the relief demanded in the Complaint.
Dated: Melville, New York
July 23, 2021
SURIS & AS C TE , P.C.
BY: I
MARIA ZAhSTEINHAUS, ESQ.
Attorneys for Plaintiff
395 North Service Road, Suite 302
Melville, New York 11747
(631) 423-9700
File No.: 4027891NR
TO: See Service Rider
Filedin Orange County 07/23/2021 11:54:51 AM $0.00 Bk: 1 of
5146 9 Pg: 60 Index: # EF005199-2021 Clerk:SW
FILED: ORANGE COUNTY CLERK 07/23/2021 11:54 AM INDEX NO. EF005199-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021
..
SERVICE RIDER
HOMEPRO EXTERIORS INC.
38 Henry Court
Pine Bush, NY 12566
(Via Secretary of State)
OMAR RAMOS MENDOZA
421 South Street
Newburgh, NY 12550
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FILED: ORANGE COUNTY CLERK 07/23/2021 11:54 AM INDEX NO. EF005199-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
------------ X
LAURIE HAFNER,
Plaintiff, COMPLAINT
-against- Index No.
HOMEPRO EXTERIORS INC. and
OMAR RAMOS MENDOZA,
Defendants.
----- X
Plaintiff, LAURIE HAFNER, by her attorneys, SURIS & ASSOCIATES, P.C.,
complaining of Defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA,
sets forth and alleges, upon information and belief, as follows:
1. Upon information and belief, and at alltimes rclcyant hereto, Defendant HOMEPRO
EXTERIORS and continues to a domestic organized and existin
INC., was, be, corporation, duly g
under and by virtue of the laws of the State of New York. .
2. Upon information and belief,and at alltimes relevant hereto, Defelidunt, HOMEPRO
EXTERIORS INC., was, and is,a foreign corporation, duly licensed to conduct business within the
State of New York.
3. Upon information and belief, and at alltimes relcyant hereto, including May 27, 2021,
Defendant, OMAR RAMOS MENDOZA, was, and may continue to be, a resident of 38 Henry
Court, Pine Bush, NY 12566, 421 South Street, Newburgh, NY 12550, in the County of Orange
4. That at all times relevant hereto, Plaintiff, LAURIE HAFNER, was the properly
restrained passenger in a certain 2015 Toyota motor vchicle, bearing New York license plate number
DJW9141, owned and operated by RALPH HAFNER.
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FILED: ORANGE COUNTY CLERK 07/23/2021 11:54 AM INDEX NO. EF005199-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021
5. That at alltimes relevañt hereto, Defendant, HOMEPRO EXTERIORS INC., was
an owner of a certain 2007 Intl.tractor trailer motor vehicle, bearing New York license plate number
78771ML.
6. Upon information and belief, and at all times relevant hereto, particularly May 27,
2021, Defendant, OMAR RAMOS MENDOZA, was an agent, servant and/or employee of
Defendant, HOMEPRO EXTERIORS INC., and was actively engaged in the scope of his
employment.
7. That at alltimes relevant hereto, Defendant, OMARRAMOS MENDOZA, operated
the aforesaid 2007 IntI. tractor trailer motor vehicle, bearing New York license plate number
78771ML, with the knowledge, permission and coñseñt of Defendant, HOMEPRO EXTERIORS
INC.
8. That at all times relevant hereto, including May 27, 2021, Defendants, HOMEPRO
EXTERIORS INC. and OMAR RAMOS MENDOZA, had the duty and/or assumed the duty to
properly control, manage, maiñtain, operate and repair the aforesaid 2007 Intl. tractor trailer motor
vehicle, bearing New York license plate number 78771ML.
9. That at alltimes rc1cvañt hereto, including May 27, 2021, Defendants, HOMEPRO
EXTERIORS INC. and OMAR RAMOS MENDOZA, breached their duty to properly control,
manage, maintaiñ, operatc and repair the aforesaid 2007 Intl. tractor trailer motor vehicle, bearing
New York license plate number 78771ML.
10. That at alltimes relevant hereto, including May 27, 2021, Interstate 84, at or about its
intersection with O'haire Road and mile post marker 22.6, in the Town of Wallkill, County of Orange
and State ofNew York, was, and continues to be, a public roadway in common usage.
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11. That on Thursday, May 27, 2021, at approxireately 8:02 a.m., the motor vehicle
owned by Defendant, HOMEPRO EXTERIORS INC., and operated by Defendant, OMAR
RAMOS MENDOZA, did violently come into contact with and collide with the motor vehicle in
which Plaintiff, LAURIE HAFNER, was a passenger, on Interstate 84, at or about its intersection
with O'haire Road and mile post marker 22.6, in the Town of Wallkill, County of Orange and State
of New York.
12. The subject occurrence was caused solely through the negligence, carelessness and/or
recidessness of Defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA,
without any negligence on the part of Plaintiff, LAURIE HAFNER, contributing thereto.
13. That by reason of the foregeing, Plaintiff, LAURIE HAFNER, suffered a "serious
injury", as defined by §5102(d) of the Insurance Law of the State of New York.
14. That by reason of the foregoing, Plaintiff, LAURIE HAFNER, suffered economic
loss greater than "basic economic loss", as defined by §5102(a) of the Insurance Law of the State of
New York.
15. The limitations of liãbility set forth in Article 16 of the CPLR do not apply to the
causes of action alleged herein.
16. That by reason of the foregoing, Plaintiff; LAURIE HAFNER, suffered serious and
protracted personal injuries, some of which are permanent in nature, and was rendered sick, sore, lame
and disabled; Plaintiff, LAURIE HAFNER, was further caused to suffer great physical pain,
discomfort and disability, and, upon information and belief, may continue to suffer pain, discomfort
and disability for a long period of time into the future.
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17. That by reason of the foregoing, Plaintiff, LAURIE HAFNER, was caused and
subjected to undergo extensive hospital and/or medical care, aid and treatmerts and, upon infonn:†lõñ
and belief, may continue to undergo medical care, aid and treatment for a long period of time to come
in the future, in an effort to cure herself of her injuries.
18. That by reason of the foregoing, Plaintiff, LAURIE HAFNER, has incurred large
sums and out-of-pocket expenses for medical care, aid, attention and supplies and, upon information
and belief, may continue to incur large sums and out-of-pocket expenses, for medical care, aid,
treatment and supplies, in an effort to cure herself of her injuries.
19. That by reason of the foregoing, Plaintiff, LAURIE HAFNER, has been damaged
in a sum of money that exceeds the jurisdictional limits of all lower courts which would otherwise
have jurisdiction.
WHEREFORE, Plaintiff, LAURIE HAFNER, demands judgment against
Defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, in a sum of
moacy that exceeds the jurisdictional limits of alllower Courts, together with interest, costs,
attorneys'
disbursements and fees incurred herein.
Dated: Melville, New York
July 23, 2021
SURIS & AS CIA S, P.C.
By: /
O S TEINHAUS, ESQ.
Attorneys for Plaintiff
395 North Service Road, Suite 302
Melville, New York 11747
(631) 423-9700
File No.: 4027891NR
6 of 9
FILED: ORANGE COUNTY CLERK 07/23/2021 11:54 AM INDEX NO. EF005199-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021
INDIVIDUAL VERIFICATION
STATE OF NEW YORK }
COUNTY OF SUFFOLK } ss.:
say·
I,LAURIE HAFNER, being duly sworn, depose and
I am Plaintiff in the within action; I have read the foregoing SUMMONS AND
COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to
the matters therein aneged upon information and belief, and as to those matters I believe itto be true.
LA HAFNER
Sworn to before me on this
2 day of 70N__, 2021
NOTARY P LIC
RAYMOND J SURIS
NOTARY PUBLIC-STATE OF NEW YORK
No.02SU6106409
Qualified in SuffolkCounty
My Commission Expires03-01-2024
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021
CERTIFICATION
STATE OF NEW YORK }
COUNTY OF SUFFOLK } ss.:
I, MARIA ZAMBRANO STEINHAUS, an attorney duly admitted to practice in the
Courts of the State of New York, state:
I am an associate of the firm of SURIS & ASSOCIATES, P.C., attorneys of record
for LAURIE in the within action. I pursuant to 22 NYCRR 130-
Plaintiff, HAFNER, hereby certify,
1.1(a) and after forming an inquiry reasonable under the circumnar.ces, that the within
COMPLAINT, and itsrespective contentions, are not frivolous as set forth in and defined by 22
NYCRR 130-1.1(a).
Dated: Melville, New York
July 23, 2021
RANO STEINHAUS
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FILED: ORANGE COUNTY CLERK 07/23/2021 11:54 AM INDEX NO. EF005199-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
INDEX NO.: 2021-
____
LAURIE HAFNER,
Plaintiff,
- against -
HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA,
Defendants.
....... ..
SUMMONS AND VERIFIED COMPLAINT
SURIS & ASSOCIATES, P.C.
Attorneys for Plaintiff
395 North Service Road, Suite 302
Melville, New York 11747
(631) 423-9700
File No.: 4027891NR
Attorney(s) for Defendant(s)
ADMISSION OF SERVICE
Serviceof a copyof the within is hereby
edmjned
Dated: .......................................................................................,........
Attorney(s)for
NOTICE OF ENTRY
PLEASE TAKE NOTICE thatthe withinis a (certified)
truecopy of an Order duly enteredin theofficeofthe Clerk of the
within named Court on
Dated:
NOTICE OF SETTLEMENT
PLEASE TAKE NOTICE thatan Order, ofwhich the within isa truecopy, willbe presented forsettlementto theHon.
, one of
the judgesofthe within named Court in , New York, on
Dated
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Preview
FILED: ORANGE COUNTY CLERK 07/23/2021 11:54 AM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ----------------------------------X Index No.: LAURIE HAFNER, Filed: Plaintiff, SUMMONS -against- Plaintiff designates ORANGE COUNTY HOMEPRO EXTERIORS INC. and as the place of trial. OMAR RAMOS MENDOZA, The basis of venue is location of Defendants. occurrence -X To the above named Defendants: Plaintiff Resides at: 334 Cedar Hill Road Wappingers Falls, NY 12590 County of Dutchess YOU ARE HEREBY SUMMONED to answer the Complaint in thisaction and to serve a copy of your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of Plaintiffs' Appearance, on attomey within 20 days after the service of this Summon, 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 for the relief demanded in the Complaint. Dated: Melville, New York July 23, 2021 SURIS & AS C TE , P.C. BY: I MARIA ZAhSTEINHAUS, ESQ. Attorneys for Plaintiff 395 North Service Road, Suite 302 Melville, New York 11747 (631) 423-9700 File No.: 4027891NR TO: See Service Rider Filedin Orange County 07/23/2021 11:54:51 AM $0.00 Bk: 1 of 5146 9 Pg: 60 Index: # EF005199-2021 Clerk:SW FILED: ORANGE COUNTY CLERK 07/23/2021 11:54 AM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021 .. SERVICE RIDER HOMEPRO EXTERIORS INC. 38 Henry Court Pine Bush, NY 12566 (Via Secretary of State) OMAR RAMOS MENDOZA 421 South Street Newburgh, NY 12550 2 of 9 FILED: ORANGE COUNTY CLERK 07/23/2021 11:54 AM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ------------ X LAURIE HAFNER, Plaintiff, COMPLAINT -against- Index No. HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, Defendants. ----- X Plaintiff, LAURIE HAFNER, by her attorneys, SURIS & ASSOCIATES, P.C., complaining of Defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, sets forth and alleges, upon information and belief, as follows: 1. Upon information and belief, and at alltimes rclcyant hereto, Defendant HOMEPRO EXTERIORS and continues to a domestic organized and existin INC., was, be, corporation, duly g under and by virtue of the laws of the State of New York. . 2. Upon information and belief,and at alltimes relevant hereto, Defelidunt, HOMEPRO EXTERIORS INC., was, and is,a foreign corporation, duly licensed to conduct business within the State of New York. 3. Upon information and belief, and at alltimes relcyant hereto, including May 27, 2021, Defendant, OMAR RAMOS MENDOZA, was, and may continue to be, a resident of 38 Henry Court, Pine Bush, NY 12566, 421 South Street, Newburgh, NY 12550, in the County of Orange 4. That at all times relevant hereto, Plaintiff, LAURIE HAFNER, was the properly restrained passenger in a certain 2015 Toyota motor vchicle, bearing New York license plate number DJW9141, owned and operated by RALPH HAFNER. 3 of 9 FILED: ORANGE COUNTY CLERK 07/23/2021 11:54 AM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021 5. That at alltimes relevañt hereto, Defendant, HOMEPRO EXTERIORS INC., was an owner of a certain 2007 Intl.tractor trailer motor vehicle, bearing New York license plate number 78771ML. 6. Upon information and belief, and at all times relevant hereto, particularly May 27, 2021, Defendant, OMAR RAMOS MENDOZA, was an agent, servant and/or employee of Defendant, HOMEPRO EXTERIORS INC., and was actively engaged in the scope of his employment. 7. That at alltimes relevant hereto, Defendant, OMARRAMOS MENDOZA, operated the aforesaid 2007 IntI. tractor trailer motor vehicle, bearing New York license plate number 78771ML, with the knowledge, permission and coñseñt of Defendant, HOMEPRO EXTERIORS INC. 8. That at all times relevant hereto, including May 27, 2021, Defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, had the duty and/or assumed the duty to properly control, manage, maiñtain, operate and repair the aforesaid 2007 Intl. tractor trailer motor vehicle, bearing New York license plate number 78771ML. 9. That at alltimes rc1cvañt hereto, including May 27, 2021, Defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, breached their duty to properly control, manage, maintaiñ, operatc and repair the aforesaid 2007 Intl. tractor trailer motor vehicle, bearing New York license plate number 78771ML. 10. That at alltimes relevant hereto, including May 27, 2021, Interstate 84, at or about its intersection with O'haire Road and mile post marker 22.6, in the Town of Wallkill, County of Orange and State ofNew York, was, and continues to be, a public roadway in common usage. 4 of 9 FILED: ORANGE COUNTY CLERK 07/23/2021 11:54 AM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021 11. That on Thursday, May 27, 2021, at approxireately 8:02 a.m., the motor vehicle owned by Defendant, HOMEPRO EXTERIORS INC., and operated by Defendant, OMAR RAMOS MENDOZA, did violently come into contact with and collide with the motor vehicle in which Plaintiff, LAURIE HAFNER, was a passenger, on Interstate 84, at or about its intersection with O'haire Road and mile post marker 22.6, in the Town of Wallkill, County of Orange and State of New York. 12. The subject occurrence was caused solely through the negligence, carelessness and/or recidessness of Defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, without any negligence on the part of Plaintiff, LAURIE HAFNER, contributing thereto. 13. That by reason of the foregeing, Plaintiff, LAURIE HAFNER, suffered a "serious injury", as defined by §5102(d) of the Insurance Law of the State of New York. 14. That by reason of the foregoing, Plaintiff, LAURIE HAFNER, suffered economic loss greater than "basic economic loss", as defined by §5102(a) of the Insurance Law of the State of New York. 15. The limitations of liãbility set forth in Article 16 of the CPLR do not apply to the causes of action alleged herein. 16. That by reason of the foregoing, Plaintiff; LAURIE HAFNER, suffered serious and protracted personal injuries, some of which are permanent in nature, and was rendered sick, sore, lame and disabled; Plaintiff, LAURIE HAFNER, was further caused to suffer great physical pain, discomfort and disability, and, upon information and belief, may continue to suffer pain, discomfort and disability for a long period of time into the future. 5 of 9 FILED: ORANGE COUNTY CLERK 07/23/2021 11:54 AM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021 17. That by reason of the foregoing, Plaintiff, LAURIE HAFNER, was caused and subjected to undergo extensive hospital and/or medical care, aid and treatmerts and, upon infonn:†lõñ and belief, may continue to undergo medical care, aid and treatment for a long period of time to come in the future, in an effort to cure herself of her injuries. 18. That by reason of the foregoing, Plaintiff, LAURIE HAFNER, has incurred large sums and out-of-pocket expenses for medical care, aid, attention and supplies and, upon information and belief, may continue to incur large sums and out-of-pocket expenses, for medical care, aid, treatment and supplies, in an effort to cure herself of her injuries. 19. That by reason of the foregoing, Plaintiff, LAURIE HAFNER, has been damaged in a sum of money that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff, LAURIE HAFNER, demands judgment against Defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, in a sum of moacy that exceeds the jurisdictional limits of alllower Courts, together with interest, costs, attorneys' disbursements and fees incurred herein. Dated: Melville, New York July 23, 2021 SURIS & AS CIA S, P.C. By: / O S TEINHAUS, ESQ. Attorneys for Plaintiff 395 North Service Road, Suite 302 Melville, New York 11747 (631) 423-9700 File No.: 4027891NR 6 of 9 FILED: ORANGE COUNTY CLERK 07/23/2021 11:54 AM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021 INDIVIDUAL VERIFICATION STATE OF NEW YORK } COUNTY OF SUFFOLK } ss.: say· I,LAURIE HAFNER, being duly sworn, depose and I am Plaintiff in the within action; I have read the foregoing SUMMONS AND COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters therein aneged upon information and belief, and as to those matters I believe itto be true. LA HAFNER Sworn to before me on this 2 day of 70N__, 2021 NOTARY P LIC RAYMOND J SURIS NOTARY PUBLIC-STATE OF NEW YORK No.02SU6106409 Qualified in SuffolkCounty My Commission Expires03-01-2024 7 of 9 FILED: ORANGE COUNTY CLERK 07/23/2021 11:54 AM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021 CERTIFICATION STATE OF NEW YORK } COUNTY OF SUFFOLK } ss.: I, MARIA ZAMBRANO STEINHAUS, an attorney duly admitted to practice in the Courts of the State of New York, state: I am an associate of the firm of SURIS & ASSOCIATES, P.C., attorneys of record for LAURIE in the within action. I pursuant to 22 NYCRR 130- Plaintiff, HAFNER, hereby certify, 1.1(a) and after forming an inquiry reasonable under the circumnar.ces, that the within COMPLAINT, and itsrespective contentions, are not frivolous as set forth in and defined by 22 NYCRR 130-1.1(a). Dated: Melville, New York July 23, 2021 RANO STEINHAUS 8 of 9 FILED: ORANGE COUNTY CLERK 07/23/2021 11:54 AM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE INDEX NO.: 2021- ____ LAURIE HAFNER, Plaintiff, - against - HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, Defendants. ....... .. SUMMONS AND VERIFIED COMPLAINT SURIS & ASSOCIATES, P.C. Attorneys for Plaintiff 395 North Service Road, Suite 302 Melville, New York 11747 (631) 423-9700 File No.: 4027891NR Attorney(s) for Defendant(s) ADMISSION OF SERVICE Serviceof a copyof the within is hereby edmjned Dated: .......................................................................................,........ Attorney(s)for NOTICE OF ENTRY PLEASE TAKE NOTICE thatthe withinis a (certified) truecopy of an Order duly enteredin theofficeofthe Clerk of the within named Court on Dated: NOTICE OF SETTLEMENT PLEASE TAKE NOTICE thatan Order, ofwhich the within isa truecopy, willbe presented forsettlementto theHon. , one of the judgesofthe within named Court in , New York, on Dated 9 of 9