Preview
FILED: RICHMOND COUNTY CLERK 09/09/2021 02:07 PM INDEX NO. 151693/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
. Index No.:
RAFAEL J. RAMIREZ,
SUMMONS
Plaintiff,
Plaintiff designates RICHMOND
-against-
County as the place of trial.
The basis of venue: Place of the
°°°°ff°°°°
PTM MANAGEMENT CORP.,
Defendant.
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 attorney(s) 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: Brooldyn, New York
September 9, 2021
Yours, etc.,
.
Ni Esq.
BANILOV & ASSOCIATES, P.C.
Attorneys for Plaintiff
'
2566 86 Street, Suite 3
Brooklyn, New York 11214
(718) 333-1002
File No.: 15817
DEFENDANTS' ADDRESSES:
PTM MANAGEMENT CORP.
C/O Secretary of State
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
------------------------------------------------------------------------X
·
Index No
RAFAEL J. RAMIREZ,
Plaintiff,
-against-
VERIFIED
COMPLAINT
PTM MANAGEMENT CORP.,
Defendant.
------------------------------------------------------------------------X
Plaintiff, RAFAEL J. RAMIREZ, by his attorneys, LAW OFFICES OF BANILOV &
ASSOCIATES, P.C., complaining of the defendants, respectfully aneges, upon information
and belief, as follows:
1. At alltimes hereinafter mentioned, plaintiff,RAFAEL J. RAMIREZ, was and stillis a
resident of the County of Richmond, City and State of New York.
2. That at alltimes mentioned herein, defendant, PTM MANAGEMENT CORP., was and
stillis a domestic business corporation duly organized and existing under and by virtue of the
laws of the State of New York.
3. That at alltimes mentioned herein, defendant, PTM MANAGEMENT CORP., was and
is a business entity duly organized and existing pursuant to the laws of the State of New York.
4. That at alltimes hereinafter mentioned defendant, PTM MANAGEMENT CORP., was
the owner of a 2018 Ford motor vehicle bearing New York State registration number BB1316.
5. Upon information and belief, that at alltimes and places hereinafter mentioned,
defendant, PTM MANAGEMENT CORP., was the lessee of the aforesaid motor vehicle bearing
New York State registration number BB1316.
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6. Upon information and belief, that at alltimes and places hereinafter mentioned, defendant,
PTM MANAGEMENT CORP., was the lessor of the aforesaid motor vehicle bearing New York
State registration number BB1316.
7. Upon information and belief, that at alltimes and places hereinafter mentioned, defendant,
PTM MANAGEMENT CORP., maintained the aforesaid motor vehicle bearing New York State
registration number BB1316.
8. Upon information and belief, that at alltimes and places hereinafter mentioned, defendant,
PTM MANAGEMENT CORP., managed the aforesaid motor vehicle bearing New York State
registration number BB1316.
9. Upon information and belief, that at alltimes and places hereinafter mentioned, defendant,
PTM MANAGEMENT CORP., controlled the aforesaid motor vehicle bearing New York State
registration number BB1316.
10. Upon information and belief, that at alltimes and places hereinafter mentioned,
defendant, PTM MANAGEMENT CORP., repaired the aforesaid motor vehicle bearing New
York State registration number BB1316.
11. Upon information and belief, that at alltimes and places hereinafter mentioned,
defendant, PTM MANAGEMENT CORP., inspected the aforesaid motor vehicle bearing New
York State registration number BB1316.
12. Upon information and that at alltimes and places hereinafter non-
belief, mentioned,
party, Mark A. Sadler, was the operator of the 2018 Ford motor vehicle New York State
registration number BB1316.
13. That on December 17, 2020, and at alltimes hereinafter mentioned, non-party, Mark A.
Sadler, operated the aforementioned motor vehicle with the express permission of defendant,
PTM MANAGEMENT CORP.
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14. That on December 17, 2020, and at alltimes hereinafter mentioned, non-party, Mark A.
Sadler, operated the aforementioned motor vehicle with the express consent of defendant, PTM
MANAGEMENT CORP.
15. That on December 17, 2020, and at alltimes hereinafter mentioned, non-party, Mark A.
Sadler, operated the aforementioned motor vehicle with the express knowledge of defendant,
PTM MANAGEMENT CORP.
16. That on December 17, 2020, and at alltimes hereinafter mentioned, non-party, Mark A.
Sadler, operated the aforementioned motor vehicle with the implied permission of defendant,
PTM MANAGEMENT CORP.
17. That on December 17, 2020, and at alltimes hereinafter mentioned, non-party, Mark A.
Sadler, operated the aforementioned motor vehicle with the implied consent of defendant, PTM
MANAGEMENT CORP.
18. That on December 17, 2020, and at alltimes hereinafter mentioned, non-party, Mark A.
Sadler, operated the aforementioned motor vehicle with the implied knowledge of defendant,
PTM MANAGEMENT CORP.
19. At alltimes hereinafter mentioned, Richmond Road, at or near itsintersection with Locust
Avenue, in the County of Richmond, City and State of New York, was and still
is a public
roadway, street and/or thoroughfare in common use by the general public.
20. That on October 21", 2019, plaintiff, RAFAEL J. RAMIREZ, was lawfully and properly
operating a motor vehicle at the aforementioned location.
21. At alltimes hereinafter mentioned, non-party, Mark A. Sadler, operated the aforesaid
motor vehicle, owned by defendant, PTM MANAGEMENT CORP at the aforementioned
location.
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22. That on October 21", 2019, a motor vehicle, owned by defendant, PTM
MANAGEMENT CORP and operated by non-party, Mark A. Sadler, struck a motor vehicle,
owned and operated by plaintiff,RAFAEL J. RAMIREZ.
23. That on or about October 21", 2019, at approximately 8:00 A.M. the subject motor
vehicle, owned by defendant, PTM MANAGEMENT CORP and operated by non-party, Mark
A. Sadler, came in contact with a motor vehicle, operated by plaintiff,RAFAEL J. RAMIREZ.
24. That as a result thereof, the plaintiff,RAFAEL J. RAMIREZ, was caused to sustain severe
and serious injuries.
25. That the aforesaid occurrence was caused wholly and solely by reason of the
negligence of the defendants without any fault or negligence on the part of the plaintiff
contributing thereto.
26. That defendants were negligent, careless and reckless in the ownership, operation,
management, maintenance, supervision, use and control of the aforesaid bus and the defendants
were otherwise negligent, careless and reckless under the circumstances then and there prevailing.
27. That as a result of the aforesaid occurrence, the plaintiff, RAFAEL J. RAMIREZ, was
rendered sick, sore, lame and disabled and has remained so since the said occurrence. He
continues to suffer mental anguish and great physical pain. The plaintiff has been compelled to
undergo medical aid, treatment and attention and expand money and incur obligations for
physicians'
services, medical and hospital expenses for the care and treatment of his injuries; and
upon information and belief, he will be compelled to expend additional sums of and incur
money
physicians'
further obligations in the future for additional services, medical and hospital expenses
for the further care and treatment of his injuries. The plaintiff, RAFAEL J. RAMIREZ, has been
incapacitated from attending to his usual duties, functions, occupations, vocations and avocations,
and in other ways he was damaged, and upon information and belief may be so incapacitated in
the future and will suffer pecuniary losses.
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28. That the plaintiff, RAFAEL J. RAMIREZ, sustained serious injuries and economic loss
greater than basic economic loss as to satisfy the exceptions of Sections 5102 and 5104 of the
Insurance Law.
29. That plaintiffis not seeldng to recover any damages for which plaintiff has been
reimbursed by no-fault insurance and/or for which no-fault insurance is obligated to reimburse
plaintiff. Plaintiff is only seeldng to recover those damages not recoverable through no-fault
insurance under the facts and circumstances in this action.
30. The plaintiff was caused to sustain and incur medical bills and out-of-pocket expenses in a
sum which exceeds the jurisdictional limitations of all lower courts which would otherwise have
jurisdiction over thisaction.
31. That by reason of the foregoing, plaintiff, RAFAEL J. RAMIREZ, has been damaged in
the sum which exceeds the jurisdictional limitations of alllower courts which would otherwise
have jurisdiction over this action.
WHEREFORE, plaintiff, RAFAEL J. RAMIREZ, demands judgment against
defendant, PTM MANAGEMENT CORP, in an amount which exceeds the jurisdictional
limitations of alllower courts which would otherwise have jurisdiction over this action: together
with the interest, costs and disbursements.
Dated: Brooklyn, New York
September 9, 2021
Yours, etc.,
.
Ni ov, Esq.
BANILOV & ASSOCIATES, P.C.
Attorneys for Plaintiff
86"
2566 Street, Suite 3
Brooklyn, New York 11214
(718) 333-1002
File No.: 15817
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STATE OF NEW YORK )
)ss.:
COUNTY OF KINGS )
The undersigned, NICK BANILOV, ESQ., an attorney at law, admitted to practice law in
the Courts of the State of New York, affirms the following under the penalties of perjury:
That he is a PRINCIPAL of the firm of LAW OFFICES OF BANILOV &
ASSOCIATES, P.C., attorneys for Plaintiff in the above-entitled action.
That he has read the foregoing SUMMONS and COMPLAINT and knows the
contents thereof, and upon information and belief, deponent believes that matters alleged therein
to be true.
The reason this Verification is made by deponent and not by Plaintiffis because Plaintiff
is an individual and resides in another county from where affirmant maintains his office.
The source of deponent's information and the ground of his belief are communications,
paper, reports and investigations contained in the file.
Dated: Brooklyn, New York
September 9, 2021
Nick Banilov, Esq.
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Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
_______..____________________________________________________....______________________ ____________.._________
RAFAEL J. RAMIREZ,
Plaintiff,
-against -
PTM MANAGEMENT CORP,
Defendant.
SUMMONS AND VERIFIED COMPLAINT
LAW OFFICES OF BANILOV & ASSOCIATES, P.C.
Attorneys for Plaintiff
86™
2566 Street, Suite 3
Brooklyn, New York 11214
(718) 333-1002
Fax: (718) 368-0692
8 of 8
Preview
FILED: RICHMOND COUNTY CLERK 09/09/2021 02:07 PM INDEX NO. 151693/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND . Index No.: RAFAEL J. RAMIREZ, SUMMONS Plaintiff, Plaintiff designates RICHMOND -against- County as the place of trial. The basis of venue: Place of the °°°°ff°°°° PTM MANAGEMENT CORP., Defendant. 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 attorney(s) 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: Brooldyn, New York September 9, 2021 Yours, etc., . Ni Esq. BANILOV & ASSOCIATES, P.C. Attorneys for Plaintiff ' 2566 86 Street, Suite 3 Brooklyn, New York 11214 (718) 333-1002 File No.: 15817 DEFENDANTS' ADDRESSES: PTM MANAGEMENT CORP. C/O Secretary of State 1 of 8 FILED: RICHMOND COUNTY CLERK 09/09/2021 02:07 PM INDEX NO. 151693/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ------------------------------------------------------------------------X · Index No RAFAEL J. RAMIREZ, Plaintiff, -against- VERIFIED COMPLAINT PTM MANAGEMENT CORP., Defendant. ------------------------------------------------------------------------X Plaintiff, RAFAEL J. RAMIREZ, by his attorneys, LAW OFFICES OF BANILOV & ASSOCIATES, P.C., complaining of the defendants, respectfully aneges, upon information and belief, as follows: 1. At alltimes hereinafter mentioned, plaintiff,RAFAEL J. RAMIREZ, was and stillis a resident of the County of Richmond, City and State of New York. 2. That at alltimes mentioned herein, defendant, PTM MANAGEMENT CORP., was and stillis a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York. 3. That at alltimes mentioned herein, defendant, PTM MANAGEMENT CORP., was and is a business entity duly organized and existing pursuant to the laws of the State of New York. 4. That at alltimes hereinafter mentioned defendant, PTM MANAGEMENT CORP., was the owner of a 2018 Ford motor vehicle bearing New York State registration number BB1316. 5. Upon information and belief, that at alltimes and places hereinafter mentioned, defendant, PTM MANAGEMENT CORP., was the lessee of the aforesaid motor vehicle bearing New York State registration number BB1316. 2 of 8 FILED: RICHMOND COUNTY CLERK 09/09/2021 02:07 PM INDEX NO. 151693/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2021 6. Upon information and belief, that at alltimes and places hereinafter mentioned, defendant, PTM MANAGEMENT CORP., was the lessor of the aforesaid motor vehicle bearing New York State registration number BB1316. 7. Upon information and belief, that at alltimes and places hereinafter mentioned, defendant, PTM MANAGEMENT CORP., maintained the aforesaid motor vehicle bearing New York State registration number BB1316. 8. Upon information and belief, that at alltimes and places hereinafter mentioned, defendant, PTM MANAGEMENT CORP., managed the aforesaid motor vehicle bearing New York State registration number BB1316. 9. Upon information and belief, that at alltimes and places hereinafter mentioned, defendant, PTM MANAGEMENT CORP., controlled the aforesaid motor vehicle bearing New York State registration number BB1316. 10. Upon information and belief, that at alltimes and places hereinafter mentioned, defendant, PTM MANAGEMENT CORP., repaired the aforesaid motor vehicle bearing New York State registration number BB1316. 11. Upon information and belief, that at alltimes and places hereinafter mentioned, defendant, PTM MANAGEMENT CORP., inspected the aforesaid motor vehicle bearing New York State registration number BB1316. 12. Upon information and that at alltimes and places hereinafter non- belief, mentioned, party, Mark A. Sadler, was the operator of the 2018 Ford motor vehicle New York State registration number BB1316. 13. That on December 17, 2020, and at alltimes hereinafter mentioned, non-party, Mark A. Sadler, operated the aforementioned motor vehicle with the express permission of defendant, PTM MANAGEMENT CORP. 3 of 8 FILED: RICHMOND COUNTY CLERK 09/09/2021 02:07 PM INDEX NO. 151693/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2021 14. That on December 17, 2020, and at alltimes hereinafter mentioned, non-party, Mark A. Sadler, operated the aforementioned motor vehicle with the express consent of defendant, PTM MANAGEMENT CORP. 15. That on December 17, 2020, and at alltimes hereinafter mentioned, non-party, Mark A. Sadler, operated the aforementioned motor vehicle with the express knowledge of defendant, PTM MANAGEMENT CORP. 16. That on December 17, 2020, and at alltimes hereinafter mentioned, non-party, Mark A. Sadler, operated the aforementioned motor vehicle with the implied permission of defendant, PTM MANAGEMENT CORP. 17. That on December 17, 2020, and at alltimes hereinafter mentioned, non-party, Mark A. Sadler, operated the aforementioned motor vehicle with the implied consent of defendant, PTM MANAGEMENT CORP. 18. That on December 17, 2020, and at alltimes hereinafter mentioned, non-party, Mark A. Sadler, operated the aforementioned motor vehicle with the implied knowledge of defendant, PTM MANAGEMENT CORP. 19. At alltimes hereinafter mentioned, Richmond Road, at or near itsintersection with Locust Avenue, in the County of Richmond, City and State of New York, was and still is a public roadway, street and/or thoroughfare in common use by the general public. 20. That on October 21", 2019, plaintiff, RAFAEL J. RAMIREZ, was lawfully and properly operating a motor vehicle at the aforementioned location. 21. At alltimes hereinafter mentioned, non-party, Mark A. Sadler, operated the aforesaid motor vehicle, owned by defendant, PTM MANAGEMENT CORP at the aforementioned location. 4 of 8 FILED: RICHMOND COUNTY CLERK 09/09/2021 02:07 PM INDEX NO. 151693/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2021 22. That on October 21", 2019, a motor vehicle, owned by defendant, PTM MANAGEMENT CORP and operated by non-party, Mark A. Sadler, struck a motor vehicle, owned and operated by plaintiff,RAFAEL J. RAMIREZ. 23. That on or about October 21", 2019, at approximately 8:00 A.M. the subject motor vehicle, owned by defendant, PTM MANAGEMENT CORP and operated by non-party, Mark A. Sadler, came in contact with a motor vehicle, operated by plaintiff,RAFAEL J. RAMIREZ. 24. That as a result thereof, the plaintiff,RAFAEL J. RAMIREZ, was caused to sustain severe and serious injuries. 25. That the aforesaid occurrence was caused wholly and solely by reason of the negligence of the defendants without any fault or negligence on the part of the plaintiff contributing thereto. 26. That defendants were negligent, careless and reckless in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid bus and the defendants were otherwise negligent, careless and reckless under the circumstances then and there prevailing. 27. That as a result of the aforesaid occurrence, the plaintiff, RAFAEL J. RAMIREZ, was rendered sick, sore, lame and disabled and has remained so since the said occurrence. He continues to suffer mental anguish and great physical pain. The plaintiff has been compelled to undergo medical aid, treatment and attention and expand money and incur obligations for physicians' services, medical and hospital expenses for the care and treatment of his injuries; and upon information and belief, he will be compelled to expend additional sums of and incur money physicians' further obligations in the future for additional services, medical and hospital expenses for the further care and treatment of his injuries. The plaintiff, RAFAEL J. RAMIREZ, has been incapacitated from attending to his usual duties, functions, occupations, vocations and avocations, and in other ways he was damaged, and upon information and belief may be so incapacitated in the future and will suffer pecuniary losses. 5 of 8 FILED: RICHMOND COUNTY CLERK 09/09/2021 02:07 PM INDEX NO. 151693/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2021 28. That the plaintiff, RAFAEL J. RAMIREZ, sustained serious injuries and economic loss greater than basic economic loss as to satisfy the exceptions of Sections 5102 and 5104 of the Insurance Law. 29. That plaintiffis not seeldng to recover any damages for which plaintiff has been reimbursed by no-fault insurance and/or for which no-fault insurance is obligated to reimburse plaintiff. Plaintiff is only seeldng to recover those damages not recoverable through no-fault insurance under the facts and circumstances in this action. 30. The plaintiff was caused to sustain and incur medical bills and out-of-pocket expenses in a sum which exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction over thisaction. 31. That by reason of the foregoing, plaintiff, RAFAEL J. RAMIREZ, has been damaged in the sum which exceeds the jurisdictional limitations of alllower courts which would otherwise have jurisdiction over this action. WHEREFORE, plaintiff, RAFAEL J. RAMIREZ, demands judgment against defendant, PTM MANAGEMENT CORP, in an amount which exceeds the jurisdictional limitations of alllower courts which would otherwise have jurisdiction over this action: together with the interest, costs and disbursements. Dated: Brooklyn, New York September 9, 2021 Yours, etc., . Ni ov, Esq. BANILOV & ASSOCIATES, P.C. Attorneys for Plaintiff 86" 2566 Street, Suite 3 Brooklyn, New York 11214 (718) 333-1002 File No.: 15817 6 of 8 FILED: RICHMOND COUNTY CLERK 09/09/2021 02:07 PM INDEX NO. 151693/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2021 STATE OF NEW YORK ) )ss.: COUNTY OF KINGS ) The undersigned, NICK BANILOV, ESQ., an attorney at law, admitted to practice law in the Courts of the State of New York, affirms the following under the penalties of perjury: That he is a PRINCIPAL of the firm of LAW OFFICES OF BANILOV & ASSOCIATES, P.C., attorneys for Plaintiff in the above-entitled action. That he has read the foregoing SUMMONS and COMPLAINT and knows the contents thereof, and upon information and belief, deponent believes that matters alleged therein to be true. The reason this Verification is made by deponent and not by Plaintiffis because Plaintiff is an individual and resides in another county from where affirmant maintains his office. The source of deponent's information and the ground of his belief are communications, paper, reports and investigations contained in the file. Dated: Brooklyn, New York September 9, 2021 Nick Banilov, Esq. 7 of 8 FILED: RICHMOND COUNTY CLERK 09/09/2021 02:07 PM INDEX NO. 151693/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2021 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND _______..____________________________________________________....______________________ ____________.._________ RAFAEL J. RAMIREZ, Plaintiff, -against - PTM MANAGEMENT CORP, Defendant. SUMMONS AND VERIFIED COMPLAINT LAW OFFICES OF BANILOV & ASSOCIATES, P.C. Attorneys for Plaintiff 86™ 2566 Street, Suite 3 Brooklyn, New York 11214 (718) 333-1002 Fax: (718) 368-0692 8 of 8