Preview
FILED: KINGS COUNTY CLERK 09/07/2021 11:42 AM INDEX NO. 522794/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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YEHIA A. KOZMOL,
Index No.
Date Purchased
Plaintiff(s), SUMMONS WITH
VERIFIED COMPLAINT
-against- Plaintiff designates KINGS
County as the place of trial.
The basis of venue is
KAYDIAN SERENA REID, and Plaintiff's residence
Plaintiff resides at
15d'
Defendant(s). 8715 Ave
Brooklyn, New York 11228
TO THE ABOVE NAMED DEFENDANT(S)
YOU ARE HEREBY SUMMONED to answer the complaint in this action and
to serve a copy of your answer, of, if the complaint if not served with this summons, to serve a
notice of appearance, on the Plaintiff's Attorney within twenty (20) days after the service of this
summons, exclusive of the day of service, (or within thirty (30) days after 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 default for the relief
by
demanded in the Complaint.
Dated: Rosedale, New York
September 5, 2021
Yours, etc.
FRANCISCO CASTILLO, ESQ.
Attorney for Plaintiff
One Cross Isl. Plaza, Ste. 116
Rosedale, NY 11422
(718) 528-4424
TO: KAYDIAN SERENA REID: 6021 Woodbine St., Queens, NY 11385
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FILED: KINGS COUNTY CLERK 09/07/2021 11:42 AM INDEX NO. 522794/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------x
YEHIA A. KOZMOL,
Index No.
Plaintiff, VERIFIED COMPLAINT
-against-
KAYDIAN SERENA REID,
Defendant.
--------------------------------------x
Plaintiff, appearing by and through his attorney FRANCISCO CASTILLO, ESQ., as and
for his Verified Complaint, sets forth and alleges as follows:
1. That at all times hereinafter mentioned, Plaintiff was and still is resident of Kings
County, City and State of New York.
2. That at all times hereinafter mentioned, Defendant KAYDIAN SERENA REID
was and still is a domiciliary of the State of New York.
3. That at all times hereinafter mentioned, Defendant KAYDIAN SERENA REID
was and still is the owner of realty within the State of New York.
4. That at all times hereinafter mentioned, Defendant KAYDIAN SERENA REID
was the owner and operator of a 2021 Honda motor vehicle bearing State of New York license
plate number KNE3220.
5. That at all times hereinafter mentioned, Defendant KAYDIAN SERENA REID
committed the negligent acts complained of within the State of New York.
6. That at all times hereinafter mentioned, Plaintiff YEHIA A. KOZMOL was the
operator of a 2004 Infiniti motor vehicle bearing State of New York license plate number
SLOW35, with the express knowledge and consent of its owner, Azza M. Gouda.
7. That at all times hereinafter mentioned, the area known as westbound Gowanus
6d'
Ramp at Exit to Avenue, County of Kings, City and State of New York, were and still are
public highways and roads commonly used by motorists and others for such purpose.
8. That on June 1, 2021, at the location aforesaid, Defendant's vehicle collided with
Plaintiff's vehicle causing Plaintiff to suffer injuries as set forth below.
9. That the said contact was due solely to the negligence of the Defendant, and
through no negligence whatsoever of the Plaintiff.
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10. That as a result of the foregoing, the Plaintiff YEHIA A. KOZMOL suffered
severe, substantial and pennanent pain, suffering and anguish, and suffered, suffers and upon
information and belief will continue to suffer from severe, serious, and permanent injuries, and
has expended, expends, and upon infonnation and belief will continue to expend large sums of
money for care, treatment, diagnosis and rehabilitation.
11. That Plaintiff YEHIA A. KOZMOL has suffered a serious injury as defined under
New York Insurance Law in that he has sustained a fracture; and/or a significant disfigurement;
and/or significant limitation of use and/or pennanent consequential loss of use of a body party,
member, function, system of his body, and/or was unable to carry out the usual and customary
duties for a period of at least thirty (30) days during the thirty (30) days immediately following
the occurrence.
12. That Plaintiff seeks monetary damages for his injuries, pain and suffering in an
amount greater than the jurisdictional limits of all lower Courts.
AS AND FOR A FIRST CAUSE OF ACTION
13. Plaintiff, YEHIA A. KOZMOL repeats, reiterates and realleges each and every
"1" "12"
allegation contained in paragraphs through as if set forth more fully herein.
14. Plaintiff, YEHIA A. KOZMOL seeks damages for his pain and suffering in an
amount within jurisdictional limits of all lower courts.
WHEREFORE, Plaintiff seeks monetary damages and judgment on the first cause of
action against the Defendant and each of them in an amount greater than the jurisdictional limits
of all lower Courts; together with such other and further relief as to the Court may seem just,
proper and equitable.
Dated: Rosedale, New York
September 5, 2021
Yours, etc.,
FRANCISCO CASTILLO, ESQ.
Attomey for Plaintiff
One Cross Isl. Plaza, Ste. 116
Rosedale, NY 11422
(718) 528-4424
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ATTORNEY VERIFICATION
FRANCISCO CASTILLO, ESQ., an attorney duly licensed to practice law in the Courts
of New York, under penalties of perjury, affirms the foregoing to be true:
That I am counsel for Plaintiff.
That I have read the foregoing Complaint.
That the same is true and correct to my own best knowledge based upon client
conference, and based upon a file maintained in my office, except as to those matters stated to be
made upon information and belief and as to those matters I believe it to be true.
The reason that this Verification is made by me and not by my client is that my client
resides in a County other than where my office is situated.
Dated: Rosedale, New York
September 5, 2021
FRANCISCO CASTILLO, ESQ.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.
YEHIA A. KOZMOL,
Plaintiff,
-against-
KAYDIAN SERENA REID,
Defendant.
SUMMONS WITH VERIFIED COMPLAINT
FRANCISCO CASTILLO, ESQ.
Attorney for Plaintiff
One Cross Isl. Plaza, Ste. 116
Rosedale, NY 11422
(718) 528-4424
5 of 5
Preview
FILED: KINGS COUNTY CLERK 09/07/2021 11:42 AM INDEX NO. 522794/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS .... ........_... .. . .. .... ..........._ _......._.................___...___ YEHIA A. KOZMOL, Index No. Date Purchased Plaintiff(s), SUMMONS WITH VERIFIED COMPLAINT -against- Plaintiff designates KINGS County as the place of trial. The basis of venue is KAYDIAN SERENA REID, and Plaintiff's residence Plaintiff resides at 15d' Defendant(s). 8715 Ave Brooklyn, New York 11228 TO THE ABOVE NAMED DEFENDANT(S) YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, of, if the complaint if not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney within twenty (20) days after the service of this summons, exclusive of the day of service, (or within thirty (30) days after 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 default for the relief by demanded in the Complaint. Dated: Rosedale, New York September 5, 2021 Yours, etc. FRANCISCO CASTILLO, ESQ. Attorney for Plaintiff One Cross Isl. Plaza, Ste. 116 Rosedale, NY 11422 (718) 528-4424 TO: KAYDIAN SERENA REID: 6021 Woodbine St., Queens, NY 11385 1 of 5 FILED: KINGS COUNTY CLERK 09/07/2021 11:42 AM INDEX NO. 522794/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------x YEHIA A. KOZMOL, Index No. Plaintiff, VERIFIED COMPLAINT -against- KAYDIAN SERENA REID, Defendant. --------------------------------------x Plaintiff, appearing by and through his attorney FRANCISCO CASTILLO, ESQ., as and for his Verified Complaint, sets forth and alleges as follows: 1. That at all times hereinafter mentioned, Plaintiff was and still is resident of Kings County, City and State of New York. 2. That at all times hereinafter mentioned, Defendant KAYDIAN SERENA REID was and still is a domiciliary of the State of New York. 3. That at all times hereinafter mentioned, Defendant KAYDIAN SERENA REID was and still is the owner of realty within the State of New York. 4. That at all times hereinafter mentioned, Defendant KAYDIAN SERENA REID was the owner and operator of a 2021 Honda motor vehicle bearing State of New York license plate number KNE3220. 5. That at all times hereinafter mentioned, Defendant KAYDIAN SERENA REID committed the negligent acts complained of within the State of New York. 6. That at all times hereinafter mentioned, Plaintiff YEHIA A. KOZMOL was the operator of a 2004 Infiniti motor vehicle bearing State of New York license plate number SLOW35, with the express knowledge and consent of its owner, Azza M. Gouda. 7. That at all times hereinafter mentioned, the area known as westbound Gowanus 6d' Ramp at Exit to Avenue, County of Kings, City and State of New York, were and still are public highways and roads commonly used by motorists and others for such purpose. 8. That on June 1, 2021, at the location aforesaid, Defendant's vehicle collided with Plaintiff's vehicle causing Plaintiff to suffer injuries as set forth below. 9. That the said contact was due solely to the negligence of the Defendant, and through no negligence whatsoever of the Plaintiff. 2 of 5 FILED: KINGS COUNTY CLERK 09/07/2021 11:42 AM INDEX NO. 522794/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021 10. That as a result of the foregoing, the Plaintiff YEHIA A. KOZMOL suffered severe, substantial and pennanent pain, suffering and anguish, and suffered, suffers and upon information and belief will continue to suffer from severe, serious, and permanent injuries, and has expended, expends, and upon infonnation and belief will continue to expend large sums of money for care, treatment, diagnosis and rehabilitation. 11. That Plaintiff YEHIA A. KOZMOL has suffered a serious injury as defined under New York Insurance Law in that he has sustained a fracture; and/or a significant disfigurement; and/or significant limitation of use and/or pennanent consequential loss of use of a body party, member, function, system of his body, and/or was unable to carry out the usual and customary duties for a period of at least thirty (30) days during the thirty (30) days immediately following the occurrence. 12. That Plaintiff seeks monetary damages for his injuries, pain and suffering in an amount greater than the jurisdictional limits of all lower Courts. AS AND FOR A FIRST CAUSE OF ACTION 13. Plaintiff, YEHIA A. KOZMOL repeats, reiterates and realleges each and every "1" "12" allegation contained in paragraphs through as if set forth more fully herein. 14. Plaintiff, YEHIA A. KOZMOL seeks damages for his pain and suffering in an amount within jurisdictional limits of all lower courts. WHEREFORE, Plaintiff seeks monetary damages and judgment on the first cause of action against the Defendant and each of them in an amount greater than the jurisdictional limits of all lower Courts; together with such other and further relief as to the Court may seem just, proper and equitable. Dated: Rosedale, New York September 5, 2021 Yours, etc., FRANCISCO CASTILLO, ESQ. Attomey for Plaintiff One Cross Isl. Plaza, Ste. 116 Rosedale, NY 11422 (718) 528-4424 3 of 5 FILED: KINGS COUNTY CLERK 09/07/2021 11:42 AM INDEX NO. 522794/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021 ATTORNEY VERIFICATION FRANCISCO CASTILLO, ESQ., an attorney duly licensed to practice law in the Courts of New York, under penalties of perjury, affirms the foregoing to be true: That I am counsel for Plaintiff. That I have read the foregoing Complaint. That the same is true and correct to my own best knowledge based upon client conference, and based upon a file maintained in my office, except as to those matters stated to be made upon information and belief and as to those matters I believe it to be true. The reason that this Verification is made by me and not by my client is that my client resides in a County other than where my office is situated. Dated: Rosedale, New York September 5, 2021 FRANCISCO CASTILLO, ESQ. 4 of 5 FILED: KINGS COUNTY CLERK 09/07/2021 11:42 AM INDEX NO. 522794/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No. YEHIA A. KOZMOL, Plaintiff, -against- KAYDIAN SERENA REID, Defendant. SUMMONS WITH VERIFIED COMPLAINT FRANCISCO CASTILLO, ESQ. Attorney for Plaintiff One Cross Isl. Plaza, Ste. 116 Rosedale, NY 11422 (718) 528-4424 5 of 5