Preview
FILED: BRONX COUNTY CLERK 09/03/2021 02:16 PM INDEX NO. 812019/2021E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/03/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX Index No.:
----------------------------------------------------------------------X
LYDIA DETRES, Date Purchased:
Plaintiff, SUMMONS
-against- Plaintiff designates Bronx
County as the place of trial.
26 MOTORS CORP. and JOHN DOE (said name being
unknown and fictitious), The basis of venue is defendant’s
address
Defendants.
Defendant’s address is 3981
----------------------------------------------------------------------X Boston Road, Bronx, NY 10466
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 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 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: New York, New York
September 3, 2021
SUTTON & SMYTH, LLP
_______________________________________
Daniel E. Smyth, Esq.
Attorneys for Plaintiff
LYDIA DETRES
30 Wall Street, 8th Floor
New York, New York 10005
Tel: (877) 529-6570
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To: 26 MOTORS CORP.
3981 Boston Rd.
Bronx, NY 10466
FORWARD THIS TO
YOUR INSURANCE
COMPANY IMMEDIATELY
UPON RECEIPT
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
-------------------------------------------------------------------X
LYDIA DETRES,
Plaintiff, VERIFIED COMPLAINT
-against- Index No.:
26 MOTORS CORP. and JOHN DOE (said name being
unknown and fictitious),
Defendants,
-------------------------------------------------------------------X
Plaintiff LYDIA DETRES, complaining of the defendants herein, by and through her
attorneys, SUTTON & SMYTH, LLP, respectfully sets forth and alleges, as follows:
1. Heretofore and at all times hereinafter mentioned, plaintiff LYDIA DETRES was
and still is a resident of the of the County of Westchester, State of New York.
2. Upon information and belief, the defendant 26 MOTORS CORP. was and still is a
domestic corporation, existing under and by virtue of the laws of the State of New York.
3. Upon information and belief, the defendant 26 MOTORS CORP. maintained a
principal place of business in the County of Bronx, City and State of New York.
4. Upon information and belief, that at all times hereinafter mentioned, defendant 26
MOTORS CORP. was the registered owner of a motor vehicle bearing license plate number
KKJ5687, State of New York.
5. Upon information and belief, that at all times hereinafter mentioned, defendant 26
MOTORS CORP. maintained the motor vehicle bearing license plate number KKJ5687, State of
New York.
6. Upon information and belief, that at all times hereinafter mentioned, defendant 26
MOTORS CORP. controlled the motor vehicle bearing license plate number KKJ5687, State of
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New York.
7. Upon information and belief, that at all times hereinafter mentioned, defendant
JOHN DOE was the operator of a motor vehicle owned by 26 MOTORS CORP., bearing license
plate number KKJ5687, State of New York.
8. Upon information and belief, that at all times hereinafter mentioned, defendant
JOHN DOE controlled the motor vehicle bearing license plate number KKJ5687, State of New
York.
9. Upon information and belief, that at all times hereinafter mentioned, defendant
JOHN DOE maintained the motor vehicle bearing license plate number KKJ5687, State of New
York.
10. Upon information and belief, that at all times hereinafter mentioned, defendant
JOHN DOE was in physical charge, operation, management and control of the motor vehicle
bearing the license plate number KKJ5687, with the knowledge, consent and permission, either
express or implied, of the owner of the aforesaid vehicle thereof.
11. That at all times hereinafter mentioned, Plaintiff LYDIA DETRES was a lawful
restrained front seat passenger in a motor vehicle bearing the license plate number KGN8781,
State of New York.
12. That at all times hereinafter mentioned at or near the Cross Island Parkway
southbound, approximately one tenth of a mile north of Exit 31, County of Queens, City and State
of New York, was and still is a public highway used exclusively by the public in general.
13. That on the 31st day of July 2021 at approximately 12:05 p.m., the above-mentioned
motor vehicle owned by 26 MOTORS CORP. and operated by defendant JOHN DOE collided
with the vehicle occupied by the Plaintiff LYDIA DETRES.
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AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF
14. Plaintiff LYDIA DETRES repeats and realleges each and every allegation
contained in paragraphs “1” through “13” of the Complaint with the same force and effect as if
fully set forth herein.
15. That the aforesaid collision was due solely and wholly to the careless and negligent
manner in which the defendants owned, operated, maintained and controlled the aforesaid motor
vehicle without the plaintiff in any way contributing thereto.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF PLAINTIFF
16. Plaintiff LYDIA DETRES repeats and realleges each and every allegation
contained in paragraphs “1” through “15” of the Complaint with the same force and effect as if
fully set forth herein.
17. That the defendant 26 MOTORS CORP. and its principals, employees, agents
and/or servants were negligent in knowingly entrusting the motor vehicle bearing the license plate
KKJ5687, State of New York, to defendant JOHN DOE, when they knew or should have known
that defendant JOHN DOE was underaged, unlicensed, reckless, and incompetent, and that JOHN
DOE’s negligence was the cause of the aforementioned collision.
AS AND FOR A THIRD CAUSE OF ACTION
ON BEHALF OF PLAINTIFF
18. Plaintiff LYDIA DETRES repeats and realleges each and every allegation
contained in paragraphs “1” through “17” of the Complaint with the same force and effect as if
fully set forth herein.
19. That by reason of the foregoing, the plaintiff, LYDIA DETRES, was caused to and
did sustain serious, severe, and permanent injuries and was required to seek and obtain medical
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care and attention in an effort to cure and alleviate same, and, upon information and belief, will be
compelled to do so in the future.
20. That by reason of the foregoing, the plaintiff, LYDIA DETRES, sustained serious
injuries as defined in the Insurance Law of the State of New York, and has sustained economic
loss greater than basic economic loss as defined in said Insurance Law.
21. That by reason of the foregoing, the plaintiff, LYDIA DETRES, is informed and
verily believes that her aforesaid injuries are permanent and that she will permanently suffer from
the effects of her aforesaid injuries.
22. That this action falls within one or more of the exceptions set forth in CPLR §1602.
23. That as a result of the defendants’ negligence as aforesaid, plaintiff, LYDIA
DETRES, has sustained damages both compensatory and exemplary in an amount exceeding the
jurisdictional limits of all lower Courts.
WHEREFORE, plaintiff LYDIA DETRES demands judgment against defendants, to
recover all of her damages, all together with the costs and disbursements of this action.
Dated: New York, New York
September 3, 2021
Yours, etc.,
SUTTON & SMYTH, LLP
By:__________ ________________
DANIEL E. SMYTH, ESQ.
Attorneys for Plaintiff
LYDIA DETRES
30 Wall Street, 8th Floor
New York, New York 10005
Tel: (877) 529-6570
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VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
DANIEL E. SMYTH, being duly sworn, deposes and says:
I am the attorney for the plaintiff in the within action with offices located at 30 Wall Street,
8th Floor, New York, New York 10005. I have read the foregoing COMPLAINT and know the
contents thereof. That the same is true to my own knowledge except as to those matters therein
stated to be alleged upon information and belief and as to those matters I believe it to be true.
The reason that this Verification is made by deponent instead of the plaintiff is because the
plaintiff is not within the County of New York, which is the County where deponent has his office.
The source of my information and the ground for my belief as to the matters stated upon
information and belief are statements furnished to me by the plaintiff and my review of all file
materials.
____________________________
DANIEL E. SMYTH
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/03/2021
INDEX NO.: YEAR: 2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
LYDIA DETRES,
Plaintiff,
-against-
26 MOTORS CORP. and JOHN DOE (said name being
unknown and fictitious),
Defendants.
SUMMONS AND VERIFIED COMPLAINT
SUTTON & SMYTH, LLP
Attorneys for Plaintiff
30 Wall Street, 8th Floor
New York, New York 10005
Tel: (877) 529-6570
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Preview
FILED: BRONX COUNTY CLERK 09/03/2021 02:16 PM INDEX NO. 812019/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/03/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Index No.: ----------------------------------------------------------------------X LYDIA DETRES, Date Purchased: Plaintiff, SUMMONS -against- Plaintiff designates Bronx County as the place of trial. 26 MOTORS CORP. and JOHN DOE (said name being unknown and fictitious), The basis of venue is defendant’s address Defendants. Defendant’s address is 3981 ----------------------------------------------------------------------X Boston Road, Bronx, NY 10466 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 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 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: New York, New York September 3, 2021 SUTTON & SMYTH, LLP _______________________________________ Daniel E. Smyth, Esq. Attorneys for Plaintiff LYDIA DETRES 30 Wall Street, 8th Floor New York, New York 10005 Tel: (877) 529-6570 1 of 8 FILED: BRONX COUNTY CLERK 09/03/2021 02:16 PM INDEX NO. 812019/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/03/2021 To: 26 MOTORS CORP. 3981 Boston Rd. Bronx, NY 10466 FORWARD THIS TO YOUR INSURANCE COMPANY IMMEDIATELY UPON RECEIPT 2 of 8 FILED: BRONX COUNTY CLERK 09/03/2021 02:16 PM INDEX NO. 812019/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/03/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -------------------------------------------------------------------X LYDIA DETRES, Plaintiff, VERIFIED COMPLAINT -against- Index No.: 26 MOTORS CORP. and JOHN DOE (said name being unknown and fictitious), Defendants, -------------------------------------------------------------------X Plaintiff LYDIA DETRES, complaining of the defendants herein, by and through her attorneys, SUTTON & SMYTH, LLP, respectfully sets forth and alleges, as follows: 1. Heretofore and at all times hereinafter mentioned, plaintiff LYDIA DETRES was and still is a resident of the of the County of Westchester, State of New York. 2. Upon information and belief, the defendant 26 MOTORS CORP. was and still is a domestic corporation, existing under and by virtue of the laws of the State of New York. 3. Upon information and belief, the defendant 26 MOTORS CORP. maintained a principal place of business in the County of Bronx, City and State of New York. 4. Upon information and belief, that at all times hereinafter mentioned, defendant 26 MOTORS CORP. was the registered owner of a motor vehicle bearing license plate number KKJ5687, State of New York. 5. Upon information and belief, that at all times hereinafter mentioned, defendant 26 MOTORS CORP. maintained the motor vehicle bearing license plate number KKJ5687, State of New York. 6. Upon information and belief, that at all times hereinafter mentioned, defendant 26 MOTORS CORP. controlled the motor vehicle bearing license plate number KKJ5687, State of 3 of 8 FILED: BRONX COUNTY CLERK 09/03/2021 02:16 PM INDEX NO. 812019/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/03/2021 New York. 7. Upon information and belief, that at all times hereinafter mentioned, defendant JOHN DOE was the operator of a motor vehicle owned by 26 MOTORS CORP., bearing license plate number KKJ5687, State of New York. 8. Upon information and belief, that at all times hereinafter mentioned, defendant JOHN DOE controlled the motor vehicle bearing license plate number KKJ5687, State of New York. 9. Upon information and belief, that at all times hereinafter mentioned, defendant JOHN DOE maintained the motor vehicle bearing license plate number KKJ5687, State of New York. 10. Upon information and belief, that at all times hereinafter mentioned, defendant JOHN DOE was in physical charge, operation, management and control of the motor vehicle bearing the license plate number KKJ5687, with the knowledge, consent and permission, either express or implied, of the owner of the aforesaid vehicle thereof. 11. That at all times hereinafter mentioned, Plaintiff LYDIA DETRES was a lawful restrained front seat passenger in a motor vehicle bearing the license plate number KGN8781, State of New York. 12. That at all times hereinafter mentioned at or near the Cross Island Parkway southbound, approximately one tenth of a mile north of Exit 31, County of Queens, City and State of New York, was and still is a public highway used exclusively by the public in general. 13. That on the 31st day of July 2021 at approximately 12:05 p.m., the above-mentioned motor vehicle owned by 26 MOTORS CORP. and operated by defendant JOHN DOE collided with the vehicle occupied by the Plaintiff LYDIA DETRES. 4 of 8 FILED: BRONX COUNTY CLERK 09/03/2021 02:16 PM INDEX NO. 812019/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/03/2021 AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF 14. Plaintiff LYDIA DETRES repeats and realleges each and every allegation contained in paragraphs “1” through “13” of the Complaint with the same force and effect as if fully set forth herein. 15. That the aforesaid collision was due solely and wholly to the careless and negligent manner in which the defendants owned, operated, maintained and controlled the aforesaid motor vehicle without the plaintiff in any way contributing thereto. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF 16. Plaintiff LYDIA DETRES repeats and realleges each and every allegation contained in paragraphs “1” through “15” of the Complaint with the same force and effect as if fully set forth herein. 17. That the defendant 26 MOTORS CORP. and its principals, employees, agents and/or servants were negligent in knowingly entrusting the motor vehicle bearing the license plate KKJ5687, State of New York, to defendant JOHN DOE, when they knew or should have known that defendant JOHN DOE was underaged, unlicensed, reckless, and incompetent, and that JOHN DOE’s negligence was the cause of the aforementioned collision. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF 18. Plaintiff LYDIA DETRES repeats and realleges each and every allegation contained in paragraphs “1” through “17” of the Complaint with the same force and effect as if fully set forth herein. 19. That by reason of the foregoing, the plaintiff, LYDIA DETRES, was caused to and did sustain serious, severe, and permanent injuries and was required to seek and obtain medical 5 of 8 FILED: BRONX COUNTY CLERK 09/03/2021 02:16 PM INDEX NO. 812019/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/03/2021 care and attention in an effort to cure and alleviate same, and, upon information and belief, will be compelled to do so in the future. 20. That by reason of the foregoing, the plaintiff, LYDIA DETRES, sustained serious injuries as defined in the Insurance Law of the State of New York, and has sustained economic loss greater than basic economic loss as defined in said Insurance Law. 21. That by reason of the foregoing, the plaintiff, LYDIA DETRES, is informed and verily believes that her aforesaid injuries are permanent and that she will permanently suffer from the effects of her aforesaid injuries. 22. That this action falls within one or more of the exceptions set forth in CPLR §1602. 23. That as a result of the defendants’ negligence as aforesaid, plaintiff, LYDIA DETRES, has sustained damages both compensatory and exemplary in an amount exceeding the jurisdictional limits of all lower Courts. WHEREFORE, plaintiff LYDIA DETRES demands judgment against defendants, to recover all of her damages, all together with the costs and disbursements of this action. Dated: New York, New York September 3, 2021 Yours, etc., SUTTON & SMYTH, LLP By:__________ ________________ DANIEL E. SMYTH, ESQ. Attorneys for Plaintiff LYDIA DETRES 30 Wall Street, 8th Floor New York, New York 10005 Tel: (877) 529-6570 6 of 8 FILED: BRONX COUNTY CLERK 09/03/2021 02:16 PM INDEX NO. 812019/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/03/2021 VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) DANIEL E. SMYTH, being duly sworn, deposes and says: I am the attorney for the plaintiff in the within action with offices located at 30 Wall Street, 8th Floor, New York, New York 10005. I have read the foregoing COMPLAINT and know the contents thereof. That the same is true to my own knowledge except as to those matters therein stated to be alleged upon information and belief and as to those matters I believe it to be true. The reason that this Verification is made by deponent instead of the plaintiff is because the plaintiff is not within the County of New York, which is the County where deponent has his office. The source of my information and the ground for my belief as to the matters stated upon information and belief are statements furnished to me by the plaintiff and my review of all file materials. ____________________________ DANIEL E. SMYTH 7 of 8 FILED: BRONX COUNTY CLERK 09/03/2021 02:16 PM INDEX NO. 812019/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/03/2021 INDEX NO.: YEAR: 2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX LYDIA DETRES, Plaintiff, -against- 26 MOTORS CORP. and JOHN DOE (said name being unknown and fictitious), Defendants. SUMMONS AND VERIFIED COMPLAINT SUTTON & SMYTH, LLP Attorneys for Plaintiff 30 Wall Street, 8th Floor New York, New York 10005 Tel: (877) 529-6570 8 of 8