Preview
FILED: RICHMOND COUNTY CLERK 08/27/2021 01:50 PM INDEX NO. 151623/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021
Index No.
Date Filed:
Plaintiff designates
SUPREME COURT OF STATE OF NEW YORK RICHMOND
COUNTY OF RICHMOND County as the place of trial
NICHOLAS IMPERATO, The basis of the venue is
Plaintiff resides in
RICHMOND County
Plaintiff,
SUMMONS
-against -
Plaintiff resides at:
KELLY LANZA and JOSEPH GEORGE LANZA, 105 Brookfield Avenue
Staten Island, NY 10308
Defendants.
To the above named Defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of
your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearance, on the
Plaintiffs Attorneys within TWENTY (20) DAYS afterthe service of thissummons, exclusive of the day of
service (or within THIRTY (30) DAYS after the service is complete if thissummons 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 reliefdemanded in the complaint.
Dated, Staten Island,New York
August 25d',2021 Yours etc.,
SGARLATO & SGARLATO, PLLC
1444 Clove Road
Staten Island,New York 10301
(718) 273-7900
BY: .
MA OOR S ED
Defendants'
Address:
Joseph George Lanza Kelly Lanza
7 Kinghorn Street 7 Kinghorn Street
Staten Island,NY 10312 Staten Island,NY 10312
SGARLATO & SGARLATO, PLLC
ATTORNEYS AT LAW
1444 CLOVE ROAD • STATEN ISLAND, NY 10301 • (7 18)273-7900
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
X
NICHOLAS IMPERATO,
Plaintiff,
VERIFIED COMPLAINT
-against-
KELLYLANZAandJOSEPHGEORGELANZA,
INDEX #:
Defendants.
---------X
Plaintiff, through his attorneys, SGARLATO & SGARLATO, PLLC, complaining of the
Defendants, allege as follows:
1. The Plaintiff, at the time of the institution of this action, was and still is a resident
of the County of Richmond, City and State of New York.
2. Upon information and belief, the Defendant, JOSEPH GEORGE LANZA, was and
still is a resident of the County of Richmond, City and State of New York.
3. Upon information and belief, the Defendant, KELLY LANZA, was and still is a
resident of County of Richmond, City and State of New York.
4. That at all times herein mentioned, Plaintiff, NICHOLAS IMPERATO, was the
owner and operator of a certain 2015 Toyota motor vehicle bearing New York State license plate
GYB2135.
5. That at all times herein mentioned, Defendant KELLY LANZA was the owner of
a certain 2019 Nissan motor vehicle bearing New York State license plate JHUI681.
6. That at all times herein mentioned, Defendant JOSEPH GEORGE LANZA was the
operator of a certain 2019 Nissan motor vehicle bearing New York State license plate JHU1681.
SGARLATO & SGARLATO, PLLC
ATTORNEYS AT LAW
1444 CLOVE ROAD • STATEN ISLAND, NY 10301 • (718) 273-7900
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7. That at all times herein mentioned, Defendant JOSEPH GEORGE LANZA was the
operator of a certain 2019 Nissan motor vehicle bearing New York State license plate JHU1681,
and was operating said vehicle with the knowledge, permission and consent of its owner,
Defendant KELLY LANZA.
8. That at all times hereinafter mentioned, Katan Avenue, in the County of Richmond,
City and State of New York, was and stillis a public highway in common use by the residents of
the State of New York and others.
9. That at all times hereinafter mentioned, Abingdon Avenue, in the County of
Richmond, City and State of New York, was and stillis a public highway in common use by the
residents of the State of New York and others.
17th
10. That on the day of July, 2020, at approximately 6:00 P.M., Plaintiff
NICHOLAS IMPERATO was operating the aforesaid vehicle along Katan Avenue, in the County
of Richmond, City and State of New York.
17th
11. That on the day of July, 2020, at approximately 6:00 P.M., Defendant JOSEPH
GEORGE LANZA, was operating the aforesaid vehicle along Abingdon Avenue, in the County
of Richmond, City and State of New York.
12. That at the aforesaid time and place, a collision occurred between the aforesaid
vehicles, which caused severe personal injuries to Plaintiff, NICHOLAS IMPERATO.
13. That the said accident and the injuries resulting to the Plaintiff, NICHOLAS
IMPERATO, therefrom were caused by reason of the negligence of the Defendants herein in the
ownership, operation, maintenance and control of the aforesaid motor vehicle.
17th
14. That on the day of July, 2020, at approximately 6:00 P.M., while Plaintiff
NICHOLAS IMPERATO was lawfully driving in said motor vehicle, upon said roadway, the
SGARLATO & SGARLATO, PLLC
ATTORNEYS AT LAW
1444 CLOVE ROAD • STATEN ISLAND, NY 10301 • (718) 273-7900
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Plaintiff was injured due to the Defendants, who were reckless, careless and negligent in failing to
keep the said motor vehicle under proper management and control; in failing to observe conditions
on the highway and have a due, timely, adequate and proper lookout; in failing to give any notice,
warning or signal of their approach; in operating the said vehicle at an excessive rate of speed,
inconsistent with the exercise of reasonable and due care, under the conditions and circumstances
existing immediately prior to and at the time of the occurrence; in failing to obey traffic control
devices; in failing to make adequate, proper and timely use of the brakes; in failing to keep the
Plaintiffs'
said motor vehicle at a reasonable and sufficient distance away from vehicle so as to
Plaintiffs'
bring itto a stop in sufficient time to avoid striking the vehicle; in failing to yield to the
right of way and in failing to observe the rules of the road and was, under all the facts and
circumstances, reckless, careless and negligent.
15. That by reason of the aforesaid, Plaintiff, NICHOLAS IMPERATO, has been
rendered sick, sore, lame and disabled; was seriously and permanently injured; had suffered mental
and nervous shock, all with accompanying pain; has had and may require medical treatment and
medicines; has expended, and will in the future be required to expend great and considerable sums
of money for hospital and medical care and treatment; and was incapacitated from attending to his
usual duties and activities, all to his damages in excess of the jurisdictional limits of all lower
courts which would otherwise have jurisdiction over this matter.
16. As a result of the foregoing, the Plaintiff, NICHOLAS IMPERATO, sustained
serious injuries as defined in Section 5102(d) of the Insurance Law of the State of New York.
17. That the damages sought exceed the jurisdictional limits of all lower courts, which
would otherwise have jurisdiction over this matter.
18. That one or more of the exemptions set forth in CPLR Section 1602 applies to this
action. SGARLATO & SGARLATO, PLLC
ATTORNEYS AT LAW
1444 CLOVE ROAD • STATEN ISLAND, NY 10301 • (718) 273-7900
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WHEREFORE, Plaintiff, NICHOLAS IMPERATO, demands judgment against the
Defendants in an amount which exceeds the jurisdictional limits of all lower courts which might
otherwise have jurisdiction herein, together with the costs and disbursements of this action.
Dated: Staten Island, New York
August 25th, 2021
Yours, etc.
SGARLATO & SGARLATO, PLLC
Attorneys for Plaintiff
1444 Clove Road
Staten Island, New York 10301
(718) 273-7900
BY:
MA OOR ED
TO:
Joseph George Lanza Kelly Lanza
7 Kinghorn Street 7 Kinghorn Street
Staten Island,NY 10312 Staten Island,NY 10312
SGARLATO & SGARLATO, PLLC
ATTORNEYS AT LAW
1444 CLOVE ROAD • STATEN ISLAND, NY 10301 • (718) 273-7900
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021
yERIFICATION
STATE OF NEW YORK }
} s.s.:
COUNTY OF RICHMOND }
I, NICHOLAS IMPERATO, being duly sworn, deposes and says that
I am the plaintiff in the within action; I have read the foregoing
VERIFIED COMPLAINT and know the contents thereof; the same is true
to my own knowledge, except as to the matters therein stated to be
alleged upon information and belief, and s to those matters, I
believe it to be true. ,
NIC S IMPERATO
Sworn to before me on this
27 day of Augus, 2021.
NOTARY PUBLIC
THERESA LEWIS
COMMISSIONER OF DEEDS
NEW YORK CITY NO. 5-7528
NEW YORK COUNTY
EXPIRES JANUARY 1, 20
SGARLATO&SGARLATO, PLLC
ATTORNEYS AT LAW
1444 CLOVE ROAD • STATEN ISLAND, NY 10301 • (718) 273-7900
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Preview
FILED: RICHMOND COUNTY CLERK 08/27/2021 01:50 PM INDEX NO. 151623/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021 Index No. Date Filed: Plaintiff designates SUPREME COURT OF STATE OF NEW YORK RICHMOND COUNTY OF RICHMOND County as the place of trial NICHOLAS IMPERATO, The basis of the venue is Plaintiff resides in RICHMOND County Plaintiff, SUMMONS -against - Plaintiff resides at: KELLY LANZA and JOSEPH GEORGE LANZA, 105 Brookfield Avenue Staten Island, NY 10308 Defendants. To the above named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs Attorneys within TWENTY (20) DAYS afterthe service of thissummons, exclusive of the day of service (or within THIRTY (30) DAYS after the service is complete if thissummons 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 reliefdemanded in the complaint. Dated, Staten Island,New York August 25d',2021 Yours etc., SGARLATO & SGARLATO, PLLC 1444 Clove Road Staten Island,New York 10301 (718) 273-7900 BY: . MA OOR S ED Defendants' Address: Joseph George Lanza Kelly Lanza 7 Kinghorn Street 7 Kinghorn Street Staten Island,NY 10312 Staten Island,NY 10312 SGARLATO & SGARLATO, PLLC ATTORNEYS AT LAW 1444 CLOVE ROAD • STATEN ISLAND, NY 10301 • (7 18)273-7900 1 of 6 FILED: RICHMOND COUNTY CLERK 08/27/2021 01:50 PM INDEX NO. 151623/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X NICHOLAS IMPERATO, Plaintiff, VERIFIED COMPLAINT -against- KELLYLANZAandJOSEPHGEORGELANZA, INDEX #: Defendants. ---------X Plaintiff, through his attorneys, SGARLATO & SGARLATO, PLLC, complaining of the Defendants, allege as follows: 1. The Plaintiff, at the time of the institution of this action, was and still is a resident of the County of Richmond, City and State of New York. 2. Upon information and belief, the Defendant, JOSEPH GEORGE LANZA, was and still is a resident of the County of Richmond, City and State of New York. 3. Upon information and belief, the Defendant, KELLY LANZA, was and still is a resident of County of Richmond, City and State of New York. 4. That at all times herein mentioned, Plaintiff, NICHOLAS IMPERATO, was the owner and operator of a certain 2015 Toyota motor vehicle bearing New York State license plate GYB2135. 5. That at all times herein mentioned, Defendant KELLY LANZA was the owner of a certain 2019 Nissan motor vehicle bearing New York State license plate JHUI681. 6. That at all times herein mentioned, Defendant JOSEPH GEORGE LANZA was the operator of a certain 2019 Nissan motor vehicle bearing New York State license plate JHU1681. SGARLATO & SGARLATO, PLLC ATTORNEYS AT LAW 1444 CLOVE ROAD • STATEN ISLAND, NY 10301 • (718) 273-7900 2 of 6 FILED: RICHMOND COUNTY CLERK 08/27/2021 01:50 PM INDEX NO. 151623/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021 7. That at all times herein mentioned, Defendant JOSEPH GEORGE LANZA was the operator of a certain 2019 Nissan motor vehicle bearing New York State license plate JHU1681, and was operating said vehicle with the knowledge, permission and consent of its owner, Defendant KELLY LANZA. 8. That at all times hereinafter mentioned, Katan Avenue, in the County of Richmond, City and State of New York, was and stillis a public highway in common use by the residents of the State of New York and others. 9. That at all times hereinafter mentioned, Abingdon Avenue, in the County of Richmond, City and State of New York, was and stillis a public highway in common use by the residents of the State of New York and others. 17th 10. That on the day of July, 2020, at approximately 6:00 P.M., Plaintiff NICHOLAS IMPERATO was operating the aforesaid vehicle along Katan Avenue, in the County of Richmond, City and State of New York. 17th 11. That on the day of July, 2020, at approximately 6:00 P.M., Defendant JOSEPH GEORGE LANZA, was operating the aforesaid vehicle along Abingdon Avenue, in the County of Richmond, City and State of New York. 12. That at the aforesaid time and place, a collision occurred between the aforesaid vehicles, which caused severe personal injuries to Plaintiff, NICHOLAS IMPERATO. 13. That the said accident and the injuries resulting to the Plaintiff, NICHOLAS IMPERATO, therefrom were caused by reason of the negligence of the Defendants herein in the ownership, operation, maintenance and control of the aforesaid motor vehicle. 17th 14. That on the day of July, 2020, at approximately 6:00 P.M., while Plaintiff NICHOLAS IMPERATO was lawfully driving in said motor vehicle, upon said roadway, the SGARLATO & SGARLATO, PLLC ATTORNEYS AT LAW 1444 CLOVE ROAD • STATEN ISLAND, NY 10301 • (718) 273-7900 3 of 6 FILED: RICHMOND COUNTY CLERK 08/27/2021 01:50 PM INDEX NO. 151623/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021 Plaintiff was injured due to the Defendants, who were reckless, careless and negligent in failing to keep the said motor vehicle under proper management and control; in failing to observe conditions on the highway and have a due, timely, adequate and proper lookout; in failing to give any notice, warning or signal of their approach; in operating the said vehicle at an excessive rate of speed, inconsistent with the exercise of reasonable and due care, under the conditions and circumstances existing immediately prior to and at the time of the occurrence; in failing to obey traffic control devices; in failing to make adequate, proper and timely use of the brakes; in failing to keep the Plaintiffs' said motor vehicle at a reasonable and sufficient distance away from vehicle so as to Plaintiffs' bring itto a stop in sufficient time to avoid striking the vehicle; in failing to yield to the right of way and in failing to observe the rules of the road and was, under all the facts and circumstances, reckless, careless and negligent. 15. That by reason of the aforesaid, Plaintiff, NICHOLAS IMPERATO, has been rendered sick, sore, lame and disabled; was seriously and permanently injured; had suffered mental and nervous shock, all with accompanying pain; has had and may require medical treatment and medicines; has expended, and will in the future be required to expend great and considerable sums of money for hospital and medical care and treatment; and was incapacitated from attending to his usual duties and activities, all to his damages in excess of the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this matter. 16. As a result of the foregoing, the Plaintiff, NICHOLAS IMPERATO, sustained serious injuries as defined in Section 5102(d) of the Insurance Law of the State of New York. 17. That the damages sought exceed the jurisdictional limits of all lower courts, which would otherwise have jurisdiction over this matter. 18. That one or more of the exemptions set forth in CPLR Section 1602 applies to this action. SGARLATO & SGARLATO, PLLC ATTORNEYS AT LAW 1444 CLOVE ROAD • STATEN ISLAND, NY 10301 • (718) 273-7900 4 of 6 FILED: RICHMOND COUNTY CLERK 08/27/2021 01:50 PM INDEX NO. 151623/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021 WHEREFORE, Plaintiff, NICHOLAS IMPERATO, demands judgment against the Defendants in an amount which exceeds the jurisdictional limits of all lower courts which might otherwise have jurisdiction herein, together with the costs and disbursements of this action. Dated: Staten Island, New York August 25th, 2021 Yours, etc. SGARLATO & SGARLATO, PLLC Attorneys for Plaintiff 1444 Clove Road Staten Island, New York 10301 (718) 273-7900 BY: MA OOR ED TO: Joseph George Lanza Kelly Lanza 7 Kinghorn Street 7 Kinghorn Street Staten Island,NY 10312 Staten Island,NY 10312 SGARLATO & SGARLATO, PLLC ATTORNEYS AT LAW 1444 CLOVE ROAD • STATEN ISLAND, NY 10301 • (718) 273-7900 5 of 6 FILED: RICHMOND COUNTY CLERK 08/27/2021 01:50 PM INDEX NO. 151623/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021 yERIFICATION STATE OF NEW YORK } } s.s.: COUNTY OF RICHMOND } I, NICHOLAS IMPERATO, being duly sworn, deposes and says that I am the plaintiff in the within action; I have read the foregoing VERIFIED COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and s to those matters, I believe it to be true. , NIC S IMPERATO Sworn to before me on this 27 day of Augus, 2021. NOTARY PUBLIC THERESA LEWIS COMMISSIONER OF DEEDS NEW YORK CITY NO. 5-7528 NEW YORK COUNTY EXPIRES JANUARY 1, 20 SGARLATO&SGARLATO, PLLC ATTORNEYS AT LAW 1444 CLOVE ROAD • STATEN ISLAND, NY 10301 • (718) 273-7900 6 of 6