Preview
FILED: KINGS COUNTY CLERK 08/19/2021 02:19 PM INDEX NO. 521325/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
========================================X
ROMEO HECTOR, Index No:
Date of Purchase:
Plaintiff designates
Plaintiff, KINGS County
as the place of trial
-against-
The basis of venue
Is PLAINTIFF’S
RESIDENCE
PROTEK LOCATING INC., and TRE L. ALLEN, SUMMONS
Defendant, Plaintiff resides at
840 Montgomery Street
========================================X Brooklyn, NY 11213
TO THE ABOVE-NAMED DEFENDANT:
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 service of this summons,
exclusive of the day of service (or within thirty (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 by default for the relief demanded in the complaint.
Dated: August 19, 2021
New York, NY
Yours, etc.,
Defendant(s) address(es):
HECHT, KLEEGER & DAMASHEK, P.C.
By: ______________________________
JONATHAN DAMASHEK, ESQ.
Attorneys for Plaintiff
(SEE ATTACHED RIDER) 19 West 44th Street, Suite 1500
New York, NY 10036
(212) 490-5700
THIS ACTION IS NOT BASED UPON A CONSUMER CREDIT TRANSACTION
THIS ACTION SEEKS RECOVERY FOR PERSONAL INJURY
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RIDER:
PROTEK LOCATING INC.,
9 Jackson Avenue
Tuckahoe, NY 10707
PROTEK LOCATING INC.,
Via Secretary of State
TRE L. ALLEN
978 Schenck Avenue
Brooklyn, NY 11207
PLEASE SEND TO YOUR INSURANCE COMPANY
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
========================================X
ROMEO HECTOR,
Plaintiff, VERIFIED
COMPLAINT
-against-
Index No.:
PROTEK LOCATING INC., and TRE L. ALLEN,
Defendant,
========================================X
Plaintiff, by her attorneys, HECHT, KLEEGER & DAMASHEK, P.C., complaining of the
defendant, respectfully sets forth and alleges upon information and belief, as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. At all times hereinafter mentioned, the plaintiff, ROMEO HECTOR,
(hereinafter “plaintiff”) was, and still is, a resident of the State of New York, County of Kings.
2. At all times hereinafter mentioned, the defendant, PROTEK LOCATING
INC., (hereinafter “PROTEK LOCATING”) was, and still is, a domestic corporation with
offices in the State of New York.
3. At all times hereinafter mentioned, the defendant PROTEK LOCATING was, and still is
a foreign corporation which maintained an office in the State of New York.
4. At all times hereinafter mentioned, the defendant PROTEK LOCATING was, and still is,
a limited liability company which maintained an office in the State of New York.
5. At all times hereinafter mentioned, the defendant PROTEK LOCATING was doing
business in the State of New York, pursuant to the laws of the State of New York.
6. At all times hereinafter mentioned, the defendant TRE L. ALLEN (hereinafter “ALLEN”)
was, and still is, a resident of the State of New York, County of Kings.
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7. That at all times hereinafter mentioned, and on December 16, 2019, the defendant
PROTEK LOCATING owned a vehicle bearing license plate number HYJ9082.
8. That at all times hereinafter mentioned, and on December 16, 2019, defendant PROTEK
LOCATING maintained the vehicle bearing license plate number HYJ9082.
9. At all times hereinafter mentioned, and on December 16, 2019, defendant PROTEK
LOCATING was the operator of the vehicle bearing license plate number HYJ9082.
10. At all times hereinafter mentioned, and on December 16, 2019, the defendant PROTEK
LOCATING controlled the vehicle bearing license plate number HYJ9082.
11. At all times hereinafter mentioned, and on December 16, 2019, defendant ALLEN operated
said vehicle with the permission and consent, both express and implied, of the defendant PROTEK
LOCATING.
12. At all times hereinafter mentioned, defendant ALLEN was employed by defendant
PROTEK LOCATING.
13. At all times hereinafter mentioned, defendant ALLEN was operating the aforesaid vehicle
within the scope of his employment with defendant PROTEK LOCATING.
14. Upon information and belief, on or about December 16, 2019, at approximately 9:59 PM,
the defendants operated and controlled the aforementioned vehicle at or about East 12th Street and
Avenue B, New York, NY, in the City and State of New York, County of New York.
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15. That on December 16, 2019, at approximately 9:59 PM, the defendants were operating the
aforementioned vehicle under their control at or about East 12th Street and Avenue B, New York,
NY, in the City and State of New York, County of New York when their vehicle collided with the
aforementioned vehicle operated by plaintiff.
16. Upon information and belief, the aforementioned accident was proximately caused by the
negligence, carelessness, and recklessness, gross recklessness, and gross negligence of the
defendants in the ownership, operation and control of the aforementioned defendants’ vehicle,
without any negligence on the part of the plaintiff contributing thereto.
17. Upon information and belief, as a proximate result of the negligence, carelessness, and
recklessness of the defendants, the plaintiff has been caused to suffer severe physical and emotional
injuries, all of which are believed to be permanent and continuing in nature, duration, and effect, has
incurred medical and other expense, has been unable to pursue his usual vocations, and has suffered
and will continue to suffer from severe physical and emotional pain, all to his great detriment and
damage.
18. Upon information and belief, by reason of the foregoing, the plaintiff has sustained a serious
injury as defined by Section 5102 of the Insurance Law of the State of New York, and/or economic
loss greater than basic economic loss as defined by Section 5102 of the Insurance Law of the State
of New York.
19. Upon information and belief, the plaintiff is a "covered person" as defined by Section 5102
of the Insurance Law of the State of New York.
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20. Upon information and belief, the limitations on liability set forth in Article 16 of the New
York Civil Practice Law and Rules do not apply since the plaintiff’s action falls within the
exemption set forth in subdivision (6).
21. By reason of the foregoing, the plaintiff is entitled to compensatory damages from the
defendants in a sum which exceeds the jurisdictional limits of all lower Courts which might
otherwise have jurisdiction, and is further entitled to punitive and/or exemplary damages in a sum
which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
WHEREFORE, the plaintiff demands judgment as against the defendants in the sum which
exceeds the jurisdictional limits of all lower Courts which might otherwise have jurisdiction, and is
further entitled to punitive and/or exemplary damages in a sum which exceeds the jurisdictional limits
of all lower courts which would otherwise have jurisdiction.
Dated: August 19, 2021
New York, NY
Yours, etc.
HECHT, KLEEGER & DAMASHEK, P.C.
By: ______________________________
JONATHAN DAMASHEK, ESQ.
Attorneys for Plaintiff
19 West 44th Street, Suite 1500
New York, NY 10036
(212) 490-5700
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ATTORNEY VERIFICATION:
STATE OF NEW YORK }
{ss.:
COUNTY OF NEW YORK }
JONATHAN DAMASHEK, an attorney duly admitted to practice before the Courts of the
State of New York, hereby affirms the truth of the following under penalty of perjury:
I am a member of the law firm of HECHT, KLEEGER & DAMASHEK, P.C., the attorneys
for the plaintiff, and as such am familiar with the facts and circumstances herein.
I have read the foregoing SUMMONS AND VERIFIED COMPLAINT, and know the
contents thereof to be true to my knowledge, except as to those matters therein stated upon
information and belief, and as to those matters I believe them to be true.
The grounds of my belief as to those matters stated upon information and belief are as follows:
conversations with plaintiff, medical records and investigation reports on file.
The reason this verification is made by me and not the plaintiff personally is because the
plaintiff resides outside the county where I maintain my office.
Dated: August 19, 2021
New York, NY
_______________________________
JONATHAN DAMASHEK, ESQ.
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Preview
FILED: KINGS COUNTY CLERK 08/19/2021 02:19 PM INDEX NO. 521325/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ========================================X ROMEO HECTOR, Index No: Date of Purchase: Plaintiff designates Plaintiff, KINGS County as the place of trial -against- The basis of venue Is PLAINTIFF’S RESIDENCE PROTEK LOCATING INC., and TRE L. ALLEN, SUMMONS Defendant, Plaintiff resides at 840 Montgomery Street ========================================X Brooklyn, NY 11213 TO THE ABOVE-NAMED DEFENDANT: 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 service of this summons, exclusive of the day of service (or within thirty (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 by default for the relief demanded in the complaint. Dated: August 19, 2021 New York, NY Yours, etc., Defendant(s) address(es): HECHT, KLEEGER & DAMASHEK, P.C. By: ______________________________ JONATHAN DAMASHEK, ESQ. Attorneys for Plaintiff (SEE ATTACHED RIDER) 19 West 44th Street, Suite 1500 New York, NY 10036 (212) 490-5700 THIS ACTION IS NOT BASED UPON A CONSUMER CREDIT TRANSACTION THIS ACTION SEEKS RECOVERY FOR PERSONAL INJURY 1 of 7 FILED: KINGS COUNTY CLERK 08/19/2021 02:19 PM INDEX NO. 521325/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 RIDER: PROTEK LOCATING INC., 9 Jackson Avenue Tuckahoe, NY 10707 PROTEK LOCATING INC., Via Secretary of State TRE L. ALLEN 978 Schenck Avenue Brooklyn, NY 11207 PLEASE SEND TO YOUR INSURANCE COMPANY 2 of 7 FILED: KINGS COUNTY CLERK 08/19/2021 02:19 PM INDEX NO. 521325/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ========================================X ROMEO HECTOR, Plaintiff, VERIFIED COMPLAINT -against- Index No.: PROTEK LOCATING INC., and TRE L. ALLEN, Defendant, ========================================X Plaintiff, by her attorneys, HECHT, KLEEGER & DAMASHEK, P.C., complaining of the defendant, respectfully sets forth and alleges upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. At all times hereinafter mentioned, the plaintiff, ROMEO HECTOR, (hereinafter “plaintiff”) was, and still is, a resident of the State of New York, County of Kings. 2. At all times hereinafter mentioned, the defendant, PROTEK LOCATING INC., (hereinafter “PROTEK LOCATING”) was, and still is, a domestic corporation with offices in the State of New York. 3. At all times hereinafter mentioned, the defendant PROTEK LOCATING was, and still is a foreign corporation which maintained an office in the State of New York. 4. At all times hereinafter mentioned, the defendant PROTEK LOCATING was, and still is, a limited liability company which maintained an office in the State of New York. 5. At all times hereinafter mentioned, the defendant PROTEK LOCATING was doing business in the State of New York, pursuant to the laws of the State of New York. 6. At all times hereinafter mentioned, the defendant TRE L. ALLEN (hereinafter “ALLEN”) was, and still is, a resident of the State of New York, County of Kings. 3 of 7 FILED: KINGS COUNTY CLERK 08/19/2021 02:19 PM INDEX NO. 521325/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 7. That at all times hereinafter mentioned, and on December 16, 2019, the defendant PROTEK LOCATING owned a vehicle bearing license plate number HYJ9082. 8. That at all times hereinafter mentioned, and on December 16, 2019, defendant PROTEK LOCATING maintained the vehicle bearing license plate number HYJ9082. 9. At all times hereinafter mentioned, and on December 16, 2019, defendant PROTEK LOCATING was the operator of the vehicle bearing license plate number HYJ9082. 10. At all times hereinafter mentioned, and on December 16, 2019, the defendant PROTEK LOCATING controlled the vehicle bearing license plate number HYJ9082. 11. At all times hereinafter mentioned, and on December 16, 2019, defendant ALLEN operated said vehicle with the permission and consent, both express and implied, of the defendant PROTEK LOCATING. 12. At all times hereinafter mentioned, defendant ALLEN was employed by defendant PROTEK LOCATING. 13. At all times hereinafter mentioned, defendant ALLEN was operating the aforesaid vehicle within the scope of his employment with defendant PROTEK LOCATING. 14. Upon information and belief, on or about December 16, 2019, at approximately 9:59 PM, the defendants operated and controlled the aforementioned vehicle at or about East 12th Street and Avenue B, New York, NY, in the City and State of New York, County of New York. 4 of 7 FILED: KINGS COUNTY CLERK 08/19/2021 02:19 PM INDEX NO. 521325/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 15. That on December 16, 2019, at approximately 9:59 PM, the defendants were operating the aforementioned vehicle under their control at or about East 12th Street and Avenue B, New York, NY, in the City and State of New York, County of New York when their vehicle collided with the aforementioned vehicle operated by plaintiff. 16. Upon information and belief, the aforementioned accident was proximately caused by the negligence, carelessness, and recklessness, gross recklessness, and gross negligence of the defendants in the ownership, operation and control of the aforementioned defendants’ vehicle, without any negligence on the part of the plaintiff contributing thereto. 17. Upon information and belief, as a proximate result of the negligence, carelessness, and recklessness of the defendants, the plaintiff has been caused to suffer severe physical and emotional injuries, all of which are believed to be permanent and continuing in nature, duration, and effect, has incurred medical and other expense, has been unable to pursue his usual vocations, and has suffered and will continue to suffer from severe physical and emotional pain, all to his great detriment and damage. 18. Upon information and belief, by reason of the foregoing, the plaintiff has sustained a serious injury as defined by Section 5102 of the Insurance Law of the State of New York, and/or economic loss greater than basic economic loss as defined by Section 5102 of the Insurance Law of the State of New York. 19. Upon information and belief, the plaintiff is a "covered person" as defined by Section 5102 of the Insurance Law of the State of New York. 5 of 7 FILED: KINGS COUNTY CLERK 08/19/2021 02:19 PM INDEX NO. 521325/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 20. Upon information and belief, the limitations on liability set forth in Article 16 of the New York Civil Practice Law and Rules do not apply since the plaintiff’s action falls within the exemption set forth in subdivision (6). 21. By reason of the foregoing, the plaintiff is entitled to compensatory damages from the defendants in a sum which exceeds the jurisdictional limits of all lower Courts which might otherwise have jurisdiction, and is further entitled to punitive and/or exemplary damages in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, the plaintiff demands judgment as against the defendants in the sum which exceeds the jurisdictional limits of all lower Courts which might otherwise have jurisdiction, and is further entitled to punitive and/or exemplary damages in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. Dated: August 19, 2021 New York, NY Yours, etc. HECHT, KLEEGER & DAMASHEK, P.C. By: ______________________________ JONATHAN DAMASHEK, ESQ. Attorneys for Plaintiff 19 West 44th Street, Suite 1500 New York, NY 10036 (212) 490-5700 6 of 7 FILED: KINGS COUNTY CLERK 08/19/2021 02:19 PM INDEX NO. 521325/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 ATTORNEY VERIFICATION: STATE OF NEW YORK } {ss.: COUNTY OF NEW YORK } JONATHAN DAMASHEK, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the truth of the following under penalty of perjury: I am a member of the law firm of HECHT, KLEEGER & DAMASHEK, P.C., the attorneys for the plaintiff, and as such am familiar with the facts and circumstances herein. I have read the foregoing SUMMONS AND VERIFIED COMPLAINT, and know the contents thereof to be true to my knowledge, except as to those matters therein stated upon information and belief, and as to those matters I believe them to be true. The grounds of my belief as to those matters stated upon information and belief are as follows: conversations with plaintiff, medical records and investigation reports on file. The reason this verification is made by me and not the plaintiff personally is because the plaintiff resides outside the county where I maintain my office. Dated: August 19, 2021 New York, NY _______________________________ JONATHAN DAMASHEK, ESQ. 7 of 7