Preview
FILED: NASSAU COUNTY CLERK 09/07/2021 11:09 AM INDEX NO. 611500/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
Filed: September 7, 2021
MIRIAM RIVERO, INDEX NO.
Plaintiff,
Plaintiff designates Queens
-against- . as the place of trial.
County
MARK LEWIS, S U MM O N S
Defendant. The basis of venue is
the County in which the
cause of action arose.
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 plaintiffs attorneys within 20 days after the service of this summons,
exclusive of the day of service of this summons, or within 30 days after service of this summons
is complete if this summons is not personally delivered to you within the State of New York.
In case of your failure to answer this summons, a judgment by default will be taken against you
for the relief demanded in the complaint, together with the costs of this action.
Dated: Bayside, New York
September 2, 2021
THE LAW OFFICES OF BASE & ASSOCIATES, P.C.
Attorneys for Plaintiff
210-08 Northern Boulevard
ower Level
Bayside, New York 11361
(718) 224-7550
MARK LEWIS
223rd
131-21 Street
Jamaica, New York 11413
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
INDEX NO.
MIRIAM RIVERO,
Plaintiff,
VERIFIED COMPLAINT
-against-
MARK LEWIS,
Defendant.
Plaintiff, MIRIAM RIVERO, by her attorneys, THE LAW OFFICES OF BASE & ASSOCIATES, P.C.,
as and for her Verified Complaint, respectfully alleges, upon information and belief:
1. The plaintiff, MIRIAM RIVERO, at all times herein mentioned was and still is a resident
of the County of Suffolk and the State of New York.
2. The defendant, MARK LEWIS, at all times herein mentioned was and still is a resident
of the County of Queens and the State of New York.
3. On or about November 22, 2019, plaintiff MIRIAM RIVERO owned a 2019 Mitsubishi
motor vehicle, bearing New York State license plate number JLH9989.
4. On or about November 22, 2019, plaintiff MIRIAM RIVERO was the operator of a 2019
Mitsubishi motor vehicle, bearing New York State license plate number JLH9989.
5. On or about November 22, 2019, defendant MARK LEWIS was the registered owner of
a 2016 Nissan motor vehicle, bearing New York State license plate number HNW4054.
6. On or about November 22, 2019, defendant MARK LEWIS was the titled owner of a 2016
Nissan motor vehicle, bearing New York State license plate number HNW4054.
7. On or about November 22, 2019, defendant MARK LEWIS maintained a 2016 Nissan
motor vehicle, bearing New York State license plate number HNW4054.
8. On or about November 22, 2019, defendant MARK LEWIS controlled a 2016 Nissan
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motor vehicle, bearing New York State license plate number HNW4054.
9. On or about November 22, 2019, defendant MARK LEWIS was the lessee of a 2016
Nissan motor vehicle, bearing New York State license plate number HNW4054.
10. On or about November 22, 2019, defendant MARK LEWIS was the lessor of a 2016
Nissan motor vehicle, bearing New York State license plate number HNW4054.
11. On or about November 22, 2019, defendant MARK LEWIS was the operator of a 2016
Nissan motor vehicle, bearing New York State license plate number HNW4054.
12. On or about November 22, 2019, the vehicle operated by the defendant MARK LEWIS
came in contact with the vehicle operated by the plaintiff MIRIAM RIVERO, at or near Central
Avenue and Stuart Avenue, Valley Stream, New York.
13. Upon information and belief, at all times hereinafter mentioned, Central Avenue at or near
Stuart Avenue, County of Nassau, Town of Hempstead and State of New York, was and still is a
public roadway, street and/o oroughfares used extensively by the public in general.
14. The aforesaid occurrence was caused by the negligence of the defendant, without any
culpable conduct on the part of the plaintiff MIRIAM RIVERO.
15. The defendant, was negligent, careless, reckless, heedless, hazardous, haphazard and
indifferent in the ownership, operation, management, control, supervision, maintenance and use of
the aforesaid motor vehicle; in that they failed to maintain, supervise, manage and control the
vehicle as a reasonable and prudent person under the circumstances prevailing, in direct violation
and contravention of the Rules of the Road, the Police rules and regulations governing vehicular
traffic on the aforesaid public highway; the Vehicle and Traffic Laws of the State of New York
and other pertinent laws of the State of New York.
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16. That the negligence of the Defendants, were, consisted in failing to have and keep the
aforesaid motor vehicle under proper or as reasonable control or under such control that the
defendant, MARK LEWIS, could stop the aforesaid motor vehicle in time to avoid the accident
herein alleged so as not to endanger the life, limb, property or safety of persons lawfully on the
said public roadways, streets, highway and/or thoroughfares; in colliding with the vehicle in which
plaintiff was a driver in; upon information and belief, in then and there driving and operating the
aforesaid motor vehicle at an excessive and dangerous rate of speed; in failing to slow down or
stop the aforesaid motor vehicle with reasonable care and diligence on approaching the place where
the accident occurred as herein alleged so as to avoid the collision herein described; in then and
there driving and operating the aforesaid motor vehicle without keeping a look out ahead, behind
and to the side and without observing and heeding the road and traffic conditions then and there
existing; in then and there failing to observe the rules of the road in such cases made and provided
governing the movements of vehicles on the highway; in then and there failing to provide and
equip the aforesaid motor vehicle with adequate, proper and sufficient brakes to control the
aforesaid motor vehicle as required by law and in failing to inspect and repair same reasonable and
properly and keep them in fit and proper working order and condition and in failing to use and
apply the same reasonably, properly and carefully as required by law in such cases made and
provided; and in being otherwise negligent in the premises.
17. That as a result of the foregoing, plaintiff MIRIAM RIVERO was injured.
18. That by reason of the foregoing, plaintiff MIRIAM RIVERO sustained severe and
permanent personal injuries, became sick, sore, lame and disabled; sustained an aggravation or
activation to a prior-existing condition which was either known or unknown, latent or patent;
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suffered injuries to her nervous system; suffered mental anguish, was confined to hospital, bed, and
home and may, in the future, be so confined; was incapacitated from attending to her usual duties
and vocation and may, in the future, be so incapacitated; will suffer a loss and/or limitation of quality
and enjoyment of life; will and has suffered conscious pain and plaintiff MIRIAM RIVERO was
otherwise damaged to her person and also to her property.
19. That by reason of the wrongful, negligent and unlawful actions of the defendant, as
aforesaid, the plaintiff MIRIAM RIVERO, has sustained economic loss greater than basic
economic loss as defined in Section 5102 (d) of the Insurance Law of the State of New York. In
that the Plaintiff has sustained a personal injury which resulted in dismemberment; significant
disfigurement; permanent loss of use of a body organ, member, function or system; permanent
consequential limitation of use of a body organ or member; significant limitation of use of a body
function or system; or a medically determined injury or impairment of a non-permanent nature
which prevents the injured person from performing substantially all of the material acts which
constitute such persons usual and customary daily activities for not less than ninety (90) days
during the one hundred eighty (180) days immediately following the occurrence of the injury or
impairment.
20. That plaintiff MIRIAM RIVERO, sustained serious injuries and economic loss greater
than basic economic loss as defined by §5104 of the Insurance Law of the State of New York.
21. That by reason of the foregoing, the plaintiff MIRIAM RIVERO, was compelled to and
did necessarily require medical aid and attention, and did necessarily pay and become liable
therefore, for medicines and upon information and belief, the plaintiff MIRIAM RIVERO, will
necessarily incur similar expenses.
4
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22. That plaintiff MIRIAM RIVERO is not seeking to recover any damages for which the
plaintiffhas been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated
to reimburse plaintiff. The plaintiff is to recover those damages not recoverable
seeking only
through no-fault insurance under the facts and circumstances herein.
defendants'
23. That as a result of the negligence as aforesaid, the plaintiff MIRIAM RIVERO, has
been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction.
24. This action falls within one or more of the exceptions set forth in Section 1602 of the
Civil Practice Law and Rules.
WHEREFORE, the plaintiff MIRIAM RIVERO demands money judgment against
the Defendants, in an amount to be determined by the triers of law and fact in an amount in excess
of the jurisdiction of the lower Courts, all together with interest, the costs and disbursements of
this action, and such other, further and different relief, as the Court deems just, equitable and
proper.
Dated: Bayside, New York
September 2, 2021
•
B Nick Base
T E LAW OFFICES OF BASE & ASSOCIATES, P.C.
Att rneys for Plaintiff
21 -08 Northern Boulevard
Lower Level
Bayside, New York 11361
(718) 224-7550
5
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
INDEX NO.
MIRIAM RIVERO,
Plaintiff,
ATTORNEY'S
-against- VERIFICATION
MARK LEWIS,
Defendant.
Nick Base, an attorney duly admitted to practice law in the State of New York, makes the
following affirmation under the penalty of perjury:
I am of the firm of THE LAW OFFICES OF BASE & ASSOCIATES, P.C., the attorneys
of record for the plaintiff.
I have read the foregoing SUMMONS AND 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 on information and belief and that as to those matters, I believe them to be true.
Tigs verification is made by affirmant and not by plaintiff because she is not in the County
of Queens, which is the County where your affirmant maintains offices.
The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
are correspondence had with the said plaintiff, information contained in the said plaintiff s file,
which is in affirmant's possession, and other pertinent data relating thereto.
Dated: Bayside, New York
September 2, 2021
IC BASE
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU Index No.
===================================================================
MIRIAM RIVERO,
Plaintiff,
-against-
MARK LEWIS,
Defendant.
===================----==========================================
SUMMONS & VERIFIED COMPLAINT
=====================---============================================
THE LAW OFFICES OF BASE & ASSOCIATES, P.C.
Attorneys for Plaintiff
Office and Post Office Address and Telephone
210-08 Northern Boulevard
Lower Level
Bayside, New York 11361
P: (718) 224-7550
F: (718) 224-2421
ATTORNEY CERTIFICATION
The undersigned, an Attorney admitted to
practice the Courts of New York State,
certific s at, upon information, belief
and renon ble inquiry, the contentions
contained 1th above-referenceddocument(s)
re not frivolous.
Nick Base
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Preview
FILED: NASSAU COUNTY CLERK 09/07/2021 11:09 AM INDEX NO. 611500/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Filed: September 7, 2021 MIRIAM RIVERO, INDEX NO. Plaintiff, Plaintiff designates Queens -against- . as the place of trial. County MARK LEWIS, S U MM O N S Defendant. The basis of venue is the County in which the cause of action arose. 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 plaintiffs attorneys within 20 days after the service of this summons, exclusive of the day of service of this summons, or within 30 days after service of this summons is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer this summons, a judgment by default will be taken against you for the relief demanded in the complaint, together with the costs of this action. Dated: Bayside, New York September 2, 2021 THE LAW OFFICES OF BASE & ASSOCIATES, P.C. Attorneys for Plaintiff 210-08 Northern Boulevard ower Level Bayside, New York 11361 (718) 224-7550 MARK LEWIS 223rd 131-21 Street Jamaica, New York 11413 1 of 8 FILED: NASSAU COUNTY CLERK 09/07/2021 11:09 AM INDEX NO. 611500/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU INDEX NO. MIRIAM RIVERO, Plaintiff, VERIFIED COMPLAINT -against- MARK LEWIS, Defendant. Plaintiff, MIRIAM RIVERO, by her attorneys, THE LAW OFFICES OF BASE & ASSOCIATES, P.C., as and for her Verified Complaint, respectfully alleges, upon information and belief: 1. The plaintiff, MIRIAM RIVERO, at all times herein mentioned was and still is a resident of the County of Suffolk and the State of New York. 2. The defendant, MARK LEWIS, at all times herein mentioned was and still is a resident of the County of Queens and the State of New York. 3. On or about November 22, 2019, plaintiff MIRIAM RIVERO owned a 2019 Mitsubishi motor vehicle, bearing New York State license plate number JLH9989. 4. On or about November 22, 2019, plaintiff MIRIAM RIVERO was the operator of a 2019 Mitsubishi motor vehicle, bearing New York State license plate number JLH9989. 5. On or about November 22, 2019, defendant MARK LEWIS was the registered owner of a 2016 Nissan motor vehicle, bearing New York State license plate number HNW4054. 6. On or about November 22, 2019, defendant MARK LEWIS was the titled owner of a 2016 Nissan motor vehicle, bearing New York State license plate number HNW4054. 7. On or about November 22, 2019, defendant MARK LEWIS maintained a 2016 Nissan motor vehicle, bearing New York State license plate number HNW4054. 8. On or about November 22, 2019, defendant MARK LEWIS controlled a 2016 Nissan 2 of 8 FILED: NASSAU COUNTY CLERK 09/07/2021 11:09 AM INDEX NO. 611500/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021 motor vehicle, bearing New York State license plate number HNW4054. 9. On or about November 22, 2019, defendant MARK LEWIS was the lessee of a 2016 Nissan motor vehicle, bearing New York State license plate number HNW4054. 10. On or about November 22, 2019, defendant MARK LEWIS was the lessor of a 2016 Nissan motor vehicle, bearing New York State license plate number HNW4054. 11. On or about November 22, 2019, defendant MARK LEWIS was the operator of a 2016 Nissan motor vehicle, bearing New York State license plate number HNW4054. 12. On or about November 22, 2019, the vehicle operated by the defendant MARK LEWIS came in contact with the vehicle operated by the plaintiff MIRIAM RIVERO, at or near Central Avenue and Stuart Avenue, Valley Stream, New York. 13. Upon information and belief, at all times hereinafter mentioned, Central Avenue at or near Stuart Avenue, County of Nassau, Town of Hempstead and State of New York, was and still is a public roadway, street and/o oroughfares used extensively by the public in general. 14. The aforesaid occurrence was caused by the negligence of the defendant, without any culpable conduct on the part of the plaintiff MIRIAM RIVERO. 15. The defendant, was negligent, careless, reckless, heedless, hazardous, haphazard and indifferent in the ownership, operation, management, control, supervision, maintenance and use of the aforesaid motor vehicle; in that they failed to maintain, supervise, manage and control the vehicle as a reasonable and prudent person under the circumstances prevailing, in direct violation and contravention of the Rules of the Road, the Police rules and regulations governing vehicular traffic on the aforesaid public highway; the Vehicle and Traffic Laws of the State of New York and other pertinent laws of the State of New York. 2 3 of 8 FILED: NASSAU COUNTY CLERK 09/07/2021 11:09 AM INDEX NO. 611500/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021 16. That the negligence of the Defendants, were, consisted in failing to have and keep the aforesaid motor vehicle under proper or as reasonable control or under such control that the defendant, MARK LEWIS, could stop the aforesaid motor vehicle in time to avoid the accident herein alleged so as not to endanger the life, limb, property or safety of persons lawfully on the said public roadways, streets, highway and/or thoroughfares; in colliding with the vehicle in which plaintiff was a driver in; upon information and belief, in then and there driving and operating the aforesaid motor vehicle at an excessive and dangerous rate of speed; in failing to slow down or stop the aforesaid motor vehicle with reasonable care and diligence on approaching the place where the accident occurred as herein alleged so as to avoid the collision herein described; in then and there driving and operating the aforesaid motor vehicle without keeping a look out ahead, behind and to the side and without observing and heeding the road and traffic conditions then and there existing; in then and there failing to observe the rules of the road in such cases made and provided governing the movements of vehicles on the highway; in then and there failing to provide and equip the aforesaid motor vehicle with adequate, proper and sufficient brakes to control the aforesaid motor vehicle as required by law and in failing to inspect and repair same reasonable and properly and keep them in fit and proper working order and condition and in failing to use and apply the same reasonably, properly and carefully as required by law in such cases made and provided; and in being otherwise negligent in the premises. 17. That as a result of the foregoing, plaintiff MIRIAM RIVERO was injured. 18. That by reason of the foregoing, plaintiff MIRIAM RIVERO sustained severe and permanent personal injuries, became sick, sore, lame and disabled; sustained an aggravation or activation to a prior-existing condition which was either known or unknown, latent or patent; 3 4 of 8 FILED: NASSAU COUNTY CLERK 09/07/2021 11:09 AM INDEX NO. 611500/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021 suffered injuries to her nervous system; suffered mental anguish, was confined to hospital, bed, and home and may, in the future, be so confined; was incapacitated from attending to her usual duties and vocation and may, in the future, be so incapacitated; will suffer a loss and/or limitation of quality and enjoyment of life; will and has suffered conscious pain and plaintiff MIRIAM RIVERO was otherwise damaged to her person and also to her property. 19. That by reason of the wrongful, negligent and unlawful actions of the defendant, as aforesaid, the plaintiff MIRIAM RIVERO, has sustained economic loss greater than basic economic loss as defined in Section 5102 (d) of the Insurance Law of the State of New York. In that the Plaintiff has sustained a personal injury which resulted in dismemberment; significant disfigurement; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such persons usual and customary daily activities for not less than ninety (90) days during the one hundred eighty (180) days immediately following the occurrence of the injury or impairment. 20. That plaintiff MIRIAM RIVERO, sustained serious injuries and economic loss greater than basic economic loss as defined by §5104 of the Insurance Law of the State of New York. 21. That by reason of the foregoing, the plaintiff MIRIAM RIVERO, was compelled to and did necessarily require medical aid and attention, and did necessarily pay and become liable therefore, for medicines and upon information and belief, the plaintiff MIRIAM RIVERO, will necessarily incur similar expenses. 4 5 of 8 FILED: NASSAU COUNTY CLERK 09/07/2021 11:09 AM INDEX NO. 611500/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021 22. That plaintiff MIRIAM RIVERO is not seeking to recover any damages for which the plaintiffhas been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated to reimburse plaintiff. The plaintiff is to recover those damages not recoverable seeking only through no-fault insurance under the facts and circumstances herein. defendants' 23. That as a result of the negligence as aforesaid, the plaintiff MIRIAM RIVERO, has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 24. This action falls within one or more of the exceptions set forth in Section 1602 of the Civil Practice Law and Rules. WHEREFORE, the plaintiff MIRIAM RIVERO demands money judgment against the Defendants, in an amount to be determined by the triers of law and fact in an amount in excess of the jurisdiction of the lower Courts, all together with interest, the costs and disbursements of this action, and such other, further and different relief, as the Court deems just, equitable and proper. Dated: Bayside, New York September 2, 2021 • B Nick Base T E LAW OFFICES OF BASE & ASSOCIATES, P.C. Att rneys for Plaintiff 21 -08 Northern Boulevard Lower Level Bayside, New York 11361 (718) 224-7550 5 6 of 8 FILED: NASSAU COUNTY CLERK 09/07/2021 11:09 AM INDEX NO. 611500/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU INDEX NO. MIRIAM RIVERO, Plaintiff, ATTORNEY'S -against- VERIFICATION MARK LEWIS, Defendant. Nick Base, an attorney duly admitted to practice law in the State of New York, makes the following affirmation under the penalty of perjury: I am of the firm of THE LAW OFFICES OF BASE & ASSOCIATES, P.C., the attorneys of record for the plaintiff. I have read the foregoing SUMMONS AND 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 on information and belief and that as to those matters, I believe them to be true. Tigs verification is made by affirmant and not by plaintiff because she is not in the County of Queens, which is the County where your affirmant maintains offices. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are correspondence had with the said plaintiff, information contained in the said plaintiff s file, which is in affirmant's possession, and other pertinent data relating thereto. Dated: Bayside, New York September 2, 2021 IC BASE 7 of 8 FILED: NASSAU COUNTY CLERK 09/07/2021 11:09 AM INDEX NO. 611500/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Index No. =================================================================== MIRIAM RIVERO, Plaintiff, -against- MARK LEWIS, Defendant. ===================----========================================== SUMMONS & VERIFIED COMPLAINT =====================---============================================ THE LAW OFFICES OF BASE & ASSOCIATES, P.C. Attorneys for Plaintiff Office and Post Office Address and Telephone 210-08 Northern Boulevard Lower Level Bayside, New York 11361 P: (718) 224-7550 F: (718) 224-2421 ATTORNEY CERTIFICATION The undersigned, an Attorney admitted to practice the Courts of New York State, certific s at, upon information, belief and renon ble inquiry, the contentions contained 1th above-referenceddocument(s) re not frivolous. Nick Base 8 of 8