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SUMMONS
STATE OF NEW YORK SUPREME COURT COUNTY OF SCHENECTADY
IRENE GEROLYMATOS,
Plaintiff, INDEX NO.
DATE FILED:
- against -
SUMMER NICOLE PILLSBURY, KILIAN M. OBRIEN
and LAURENE A. OBRIEN,
Defendants.
TO THE ABOVE-NAMED DEFENDANTS
YOU ARE HEREBY SUMMONED and required to serve upon
plaintiff's attorney an answer to the complaint in this action
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. In case of your failure to
answer, judgment will be taken against you by default for the
relief demanded in the complaint.
Trial is desired in the County of Schenectady.
The basis of venue designated above is Plaintiff's Residence.
Plaintiff Resides at: 55 Woodcrest Drive
Glenville, New York 12302
County of Schenectady.
Defendants’ Address: 1427 Saratoga Road 6
Ballston Spa, New York 12020
DATED: September 13, 2021 ROBERT A. BECHER, ESQ.
Attorney for Plaintiff
Office & P.O. Address
733 Broadway, Suite 2
Albany, New York 12207
(518) 436-9525STATE OF NEW YORK
SUPREME COURT COUNTY OF SCHENECTADY
IRENE GEROLYMATOS,
COMPLAINT
Plaintiff, INDEX NO.
RJI NO.
- against - IAS JUDGE:
SUMMER NICOLE PILLSBURY, KILIAN M. OBRIEN
and LAURENE A. OBRIEN,
Defendants.
The plaintiff, IRENE GEROLYMATOS, complaining of the
defendants, SUMMER NICOLE PILLSBURY, KILIAN M. OBRIEN
and LAURENE A. OBRIEN, by her attorney, ROBERT A. BECHER, ESQ.,
alleges, upon information and belief, as follows:
1. That at all times herein mentioned, the plaintiff
resided and continues to reside in the Town of Glenville, County
of Schenectady and State of New York.
2. That, upon information and belief, at all times herein
mentioned, the defendant, SUMMER NICOLE PILLSBURY, was a resident
of the State of New York.
3 That, upon information and belief, at all times herein
mentioned, the defendant, KILIAN M. OBRIEN, was a resident of the
State of New York.
4. That, upon information and belief, at all times herein
mentioned, the defendant, LAURENE A. OBRIEN, was a resident of
the State of New York.
5. That, at all times herein mentioned, the plaintiff was
the operator of a 2009 Suzuki motor vehicle bearing New York
Registration Plate No. GXP70666. That, upon information and belief, at all times herein
mentioned, the defendant, KILIAN M. OBRIEN, was the owner of a
2011 Kia motor vehicle bearing New York Registration Plate No.
HPK3971.
7. That, upon information and belief, at all times herein
mentioned, the defendant, LAURENE A. OBRIEN, was the owner of a
2011 Kia motor vehicle bearing New York Registration Plate No.
HPRS Oils
Be That, upon information and belief, at all times herein
mentioned, the defendant, SUMMER NICOLE PILLSBURY, operated the
aforesaid Kia motor vehicle with the knowledge, consent and
permission of the owner thereof, the defendant, KILIAN M. OBRIEN.
9. That, upon information and belief, at all times herein
mentioned, the defendant, SUMMER NICOLE PILLSBURY, operated the
aforesaid Kia motor vehicle with the knowledge, consent and
permission of the owner thereof, the defendant, LAURENE A.
OBRIEN.
10. That, upon information and belief, at all times herein
mentioned, State Highway 50 located in the Town of Ballston,
County of Saratoga and State of New York was and continues to be
a public highway.
11. That on or about November 7, 2018 at approximately
2:36 p.m., the plaintiff was operating the aforesaid Suzuki motor
vehicle in a generally northerly direction on State Highway 50
located in the Town of Ballston, County of Saratoga and State of
New York.
12. That on or about November 7, 2018 at approximately2:36 p.m., the plaintiff was operating the aforesaid Suzuki motor
vehicle in a generally northerly direction on State Highway 50
approximately .5 miles south of Denny Road located in the Town
of Ballston, County of Saratoga and State of New York.
13. That on or about November 7, 2018 at approximately
2:36 p.m., the defendant, SUMMER NICOLE PILLSBURY, was operating
the aforesaid Kia motor vehicle in a generally northerly
direction on State Highway 50 located in the Town of Ballston,
County of Saratoga and State of New York.
14. That on or about November 7, 2018 at approximately
2:36 p.m., the defendant, SUMMER NICOLE PILLSBURY, was operating
the aforesaid Kia motor vehicle in a generally northerly
direction on State Highway 50 approximately .5 miles south of
Denny Road located in the Town of Ballston, County of Saratoga
and State of New York.
15. That on November 7, 2018 at approximately 2:36 p.m. on
State Highway 50 approximately .5 miles south of Denny Road
located in the Town of Ballston, County of Saratoga and State of
New York, the Suzuki motor vehicle operated by the plaintiff was
involved in a collision with the Kia motor vehicle automobile
operated by the defendant, SUMMER NICOLE PILLSBURY.
16. That at the aforesaid date, time and place, the
defendant, SUMMER NICOLE PILLSBURY, operated the aforesaid Kia
motor vehicle in a negligent and careless manner and caused said
vehicle to collide with the rear portion of the aforesaid Suzuki
motor vehicle operated by the plaintiff which accident resulted
in the severe and permanent injuries to the plaintiff ashereinafter alleged.
17. That the aforesaid accident was caused solely by the
negligence of the defendant, SUMMER NICOLE PILLSBURY, without any
negligence on the part of the plaintiff contributing thereto.
LIB That the negligence of the defendant, SUMMER NICOLE
PILLSBURY, consisted in and among other things:
(a) By failing to look in the direction the motor
vehicle was proceeding;
(b) By failing to heed road, traffic, and weather
conditions then and there prevailing;
(c) By failing to maintain a proper lookout under the
circumstances then and there prevailing;
(d) By failing to equip said motor vehicle with good
and sufficient lights, brakes, steering, tires and other
equipment ;
(e) By failing to take any steps or precautions
whatsoever to avoid the occurrence of the accident herein;
(f£) By failing to have said motor vehicle under proper
control and management ;
(g) By failing to direct the course of the motor
vehicle in order to avoid the accident;
(h) By operating said motor vehicle in a reckless
manner;
(i) By operating said motor vehicle at an imprudent
rate of speed;
(j) By failing to give adequate, sufficient, proper
and/or warning or notice of intention to operate said motorvehicle in the manner in which it was;
(k) By failing to give any sign, signal, or warning of
the approach of said motor vehicle;
(1) By failing to bring said motor vehicle to a stop
when approaching plaintiff's vehicle;
(m) By operating said motor vehicle at an excessive,
dangerous, and unlawful rate of speed for the road, weather and
traffic conditions then and there prevailing;
(n) By permitting said motor vehicle to collide with
the motor vehicle operated by the plaintiff;
(o) By failing to inspect said motor vehicle to
determine if said motor vehicle was in a proper and safe
condition;
(p) By following the plaintiff's vehicle at too close
a distance;
(q) By failing t obey a traffic control device;
(xr) The plaintiff specifically reserves her right to
rely upon the doctrine of res ipsa loquitur.
That the negligence of the defendant, SUMMER NICOLE
PILLSBURY, is attributed to and imputed to the defendant, KILIAN
M. OBRIEN, as a matter of law.
That the negligence of the defendant, SUMMER NICOLE
PILLSBURY, is attributed to and imputed to the defendant, LAURENE
A. OBRIEN, as a matter of law.
19. That as a result and consequence of the aforesaid
accident, plaintiff was rendered sick, sore, lame and disabled,
and so remains; that said plaintiff has been caused to suffer andsustain injuries to her head, body and limbs including but not
limited to a cervical sprain and strain and cervical
radiculopathy and a lumbar sprain and strain and lumbar
radiculopathy; together with other injuries both internal and
external to her body which may be of a permanent nature and as a
result of which plaintiff's ability to conduct her normal
employment, recreational and household activities and her ability
to earn a livelihood have been diminished and, upon information
and belief, will continue to be so.
Further, plaintiff has been obligated and, upon information
and belief, will be so obligated in the future to spend
substantial sums of money for medical care, treatment and
attendance. Additionally, plaintiff has sustained severe and
extreme mental distress and anxiety and has suffered the loss of
enjoyment of life.
20. That plaintiff has sustained a serious injury within
the meaning of Section 5102 of the Insurance Law of the State of
New York.
21. That plaintiff is a covered person within the meaning
of Section 5102 of the Insurance Law of the State of New York.
22. That the causes of action alleged herein fall within
one or more of the exceptions specified by CPLR Section 1602.
23. That the damages sought herein exceed the
jurisdictional limitations of all lower courts that would
otherwise have jurisdiction over the subject matter of this
action.
24. That the plaintiff demands judgment against thedefendants for a sum of money sufficient to adequately compensate
the plaintiff for the severe and permanent injuries alleged
herein.
WHEREFORE, plaintiff demands judgment against the defendants
for a sum of money sufficient to adequately compensate the
plaintiff for the severe and permanent injuries alleged herein;
together with the costs and disbursements of this action; and
together with such other and further relief which to this Court
appears just.
DATED: September 13, 2021 ROBERT A. BECHER, ESQ.
Attorney for Plaintiff
Offige & P.O. Address
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SUMMONS STATE OF NEW YORK SUPREME COURT COUNTY OF SCHENECTADY IRENE GEROLYMATOS, Plaintiff, INDEX NO. DATE FILED: - against - SUMMER NICOLE PILLSBURY, KILIAN M. OBRIEN and LAURENE A. OBRIEN, Defendants. TO THE ABOVE-NAMED DEFENDANTS YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorney an answer to the complaint in this action 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. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. Trial is desired in the County of Schenectady. The basis of venue designated above is Plaintiff's Residence. Plaintiff Resides at: 55 Woodcrest Drive Glenville, New York 12302 County of Schenectady. Defendants’ Address: 1427 Saratoga Road 6 Ballston Spa, New York 12020 DATED: September 13, 2021 ROBERT A. BECHER, ESQ. Attorney for Plaintiff Office & P.O. Address 733 Broadway, Suite 2 Albany, New York 12207 (518) 436-9525STATE OF NEW YORK SUPREME COURT COUNTY OF SCHENECTADY IRENE GEROLYMATOS, COMPLAINT Plaintiff, INDEX NO. RJI NO. - against - IAS JUDGE: SUMMER NICOLE PILLSBURY, KILIAN M. OBRIEN and LAURENE A. OBRIEN, Defendants. The plaintiff, IRENE GEROLYMATOS, complaining of the defendants, SUMMER NICOLE PILLSBURY, KILIAN M. OBRIEN and LAURENE A. OBRIEN, by her attorney, ROBERT A. BECHER, ESQ., alleges, upon information and belief, as follows: 1. That at all times herein mentioned, the plaintiff resided and continues to reside in the Town of Glenville, County of Schenectady and State of New York. 2. That, upon information and belief, at all times herein mentioned, the defendant, SUMMER NICOLE PILLSBURY, was a resident of the State of New York. 3 That, upon information and belief, at all times herein mentioned, the defendant, KILIAN M. OBRIEN, was a resident of the State of New York. 4. That, upon information and belief, at all times herein mentioned, the defendant, LAURENE A. OBRIEN, was a resident of the State of New York. 5. That, at all times herein mentioned, the plaintiff was the operator of a 2009 Suzuki motor vehicle bearing New York Registration Plate No. GXP70666. That, upon information and belief, at all times herein mentioned, the defendant, KILIAN M. OBRIEN, was the owner of a 2011 Kia motor vehicle bearing New York Registration Plate No. HPK3971. 7. That, upon information and belief, at all times herein mentioned, the defendant, LAURENE A. OBRIEN, was the owner of a 2011 Kia motor vehicle bearing New York Registration Plate No. HPRS Oils Be That, upon information and belief, at all times herein mentioned, the defendant, SUMMER NICOLE PILLSBURY, operated the aforesaid Kia motor vehicle with the knowledge, consent and permission of the owner thereof, the defendant, KILIAN M. OBRIEN. 9. That, upon information and belief, at all times herein mentioned, the defendant, SUMMER NICOLE PILLSBURY, operated the aforesaid Kia motor vehicle with the knowledge, consent and permission of the owner thereof, the defendant, LAURENE A. OBRIEN. 10. That, upon information and belief, at all times herein mentioned, State Highway 50 located in the Town of Ballston, County of Saratoga and State of New York was and continues to be a public highway. 11. That on or about November 7, 2018 at approximately 2:36 p.m., the plaintiff was operating the aforesaid Suzuki motor vehicle in a generally northerly direction on State Highway 50 located in the Town of Ballston, County of Saratoga and State of New York. 12. That on or about November 7, 2018 at approximately2:36 p.m., the plaintiff was operating the aforesaid Suzuki motor vehicle in a generally northerly direction on State Highway 50 approximately .5 miles south of Denny Road located in the Town of Ballston, County of Saratoga and State of New York. 13. That on or about November 7, 2018 at approximately 2:36 p.m., the defendant, SUMMER NICOLE PILLSBURY, was operating the aforesaid Kia motor vehicle in a generally northerly direction on State Highway 50 located in the Town of Ballston, County of Saratoga and State of New York. 14. That on or about November 7, 2018 at approximately 2:36 p.m., the defendant, SUMMER NICOLE PILLSBURY, was operating the aforesaid Kia motor vehicle in a generally northerly direction on State Highway 50 approximately .5 miles south of Denny Road located in the Town of Ballston, County of Saratoga and State of New York. 15. That on November 7, 2018 at approximately 2:36 p.m. on State Highway 50 approximately .5 miles south of Denny Road located in the Town of Ballston, County of Saratoga and State of New York, the Suzuki motor vehicle operated by the plaintiff was involved in a collision with the Kia motor vehicle automobile operated by the defendant, SUMMER NICOLE PILLSBURY. 16. That at the aforesaid date, time and place, the defendant, SUMMER NICOLE PILLSBURY, operated the aforesaid Kia motor vehicle in a negligent and careless manner and caused said vehicle to collide with the rear portion of the aforesaid Suzuki motor vehicle operated by the plaintiff which accident resulted in the severe and permanent injuries to the plaintiff ashereinafter alleged. 17. That the aforesaid accident was caused solely by the negligence of the defendant, SUMMER NICOLE PILLSBURY, without any negligence on the part of the plaintiff contributing thereto. LIB That the negligence of the defendant, SUMMER NICOLE PILLSBURY, consisted in and among other things: (a) By failing to look in the direction the motor vehicle was proceeding; (b) By failing to heed road, traffic, and weather conditions then and there prevailing; (c) By failing to maintain a proper lookout under the circumstances then and there prevailing; (d) By failing to equip said motor vehicle with good and sufficient lights, brakes, steering, tires and other equipment ; (e) By failing to take any steps or precautions whatsoever to avoid the occurrence of the accident herein; (f£) By failing to have said motor vehicle under proper control and management ; (g) By failing to direct the course of the motor vehicle in order to avoid the accident; (h) By operating said motor vehicle in a reckless manner; (i) By operating said motor vehicle at an imprudent rate of speed; (j) By failing to give adequate, sufficient, proper and/or warning or notice of intention to operate said motorvehicle in the manner in which it was; (k) By failing to give any sign, signal, or warning of the approach of said motor vehicle; (1) By failing to bring said motor vehicle to a stop when approaching plaintiff's vehicle; (m) By operating said motor vehicle at an excessive, dangerous, and unlawful rate of speed for the road, weather and traffic conditions then and there prevailing; (n) By permitting said motor vehicle to collide with the motor vehicle operated by the plaintiff; (o) By failing to inspect said motor vehicle to determine if said motor vehicle was in a proper and safe condition; (p) By following the plaintiff's vehicle at too close a distance; (q) By failing t obey a traffic control device; (xr) The plaintiff specifically reserves her right to rely upon the doctrine of res ipsa loquitur. That the negligence of the defendant, SUMMER NICOLE PILLSBURY, is attributed to and imputed to the defendant, KILIAN M. OBRIEN, as a matter of law. That the negligence of the defendant, SUMMER NICOLE PILLSBURY, is attributed to and imputed to the defendant, LAURENE A. OBRIEN, as a matter of law. 19. That as a result and consequence of the aforesaid accident, plaintiff was rendered sick, sore, lame and disabled, and so remains; that said plaintiff has been caused to suffer andsustain injuries to her head, body and limbs including but not limited to a cervical sprain and strain and cervical radiculopathy and a lumbar sprain and strain and lumbar radiculopathy; together with other injuries both internal and external to her body which may be of a permanent nature and as a result of which plaintiff's ability to conduct her normal employment, recreational and household activities and her ability to earn a livelihood have been diminished and, upon information and belief, will continue to be so. Further, plaintiff has been obligated and, upon information and belief, will be so obligated in the future to spend substantial sums of money for medical care, treatment and attendance. Additionally, plaintiff has sustained severe and extreme mental distress and anxiety and has suffered the loss of enjoyment of life. 20. That plaintiff has sustained a serious injury within the meaning of Section 5102 of the Insurance Law of the State of New York. 21. That plaintiff is a covered person within the meaning of Section 5102 of the Insurance Law of the State of New York. 22. That the causes of action alleged herein fall within one or more of the exceptions specified by CPLR Section 1602. 23. That the damages sought herein exceed the jurisdictional limitations of all lower courts that would otherwise have jurisdiction over the subject matter of this action. 24. That the plaintiff demands judgment against thedefendants for a sum of money sufficient to adequately compensate the plaintiff for the severe and permanent injuries alleged herein. WHEREFORE, plaintiff demands judgment against the defendants for a sum of money sufficient to adequately compensate the plaintiff for the severe and permanent injuries alleged herein; together with the costs and disbursements of this action; and together with such other and further relief which to this Court appears just. DATED: September 13, 2021 ROBERT A. BECHER, ESQ. Attorney for Plaintiff Offige & P.O. Address