Preview
FILED: KINGS COUNTY CLERK 10/30/2018 03:30 PM INDEX NO. 521813/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS
X
DORINA FLOREA,
SUMMONS WITH
Plaintiff, COMPLAINT
-against- Plaintiff resides in:
Kings County
BALWINDER SINGH,
Defendant. Basis of Venue:
X Plaintiff's Residence
TO THE ABOVE NAMED DEFENDANT(S)
You are hereby summered 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 (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 by default for the
relief demanded herein.
Dated: New York, New York MESTE , PLLC
October 30, 2018
MES
tto f r laintiff
DO NA REA
- 14*
30 Broad Street Floor
New York, New York 10004
(718) 412-1717
Defendant(s) Address:
118*
BALWINDER SINGH: 10119 Street, South Richmond Hill, New York 11419
Notice: The nature of this action: Personal Injuries; Motor Vehicle; Negligence.
The relief sought: MONETARY
Upon your failure to appear, judgment will be taken against you by default for amounts,
which exceed the jurisdictional limits of all lower 29*
courts, with interest thereon from the
day of August 2018, together with the costs of this action.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
X
DORINA FLOREA, Index No.:
Plaintiff, COMPLAINT
-against-
BALWINDER SINGH,
Defendant.
X
Plaintiff, DORINA FLOREA, by her attorneys, MESTERMAN LAW, PLLC,
complaining of the defendant, BALWINDER SINGH, respectfully alleges upon information
and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF DORINA FLOREA
1. That at all times hereinafter mentioned, plaintiff, DORINA FLOREA, was
and still is a resident of, County of Kings, City, and State of New York.
2. That at all times hereinafter mentioned, defendant, BALWINDER SINGH,
1188¹
was and still is a resident of 10119 Street, South Richmond Hill, New York 11419.
3. That on August 29, 2018, defendant, BALWINDER SINGH, was and still is
the registered owner of a 2017 Honda motor vehicle, New York License Plate # T761615C.
4. That on August 29, 2018, plaintiff DORINA FLOREA, was and still is the
registered owner of a 2010 Harley-Davidson motorcycle, New York Plate # 71TD90.
5. That on August 29, 2018, at approximately 14:20 military time, on or about
780 Metropolitan Avenue, County of Kings, State of New York, defendant BALWINDER
SINGH, operating the above referenced motor vehicle, struck plaintiff DORINA FLOREA's
motorcycle in the rear, while plaintiff was operating her motorcycle.
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6. That the said occurrence was caused solely by reason of the negligence,
carelessness and recklessness of the defendant, BALWINDER SINGH, in the ownership,
operation, maintenance and control of his motor vehicle; in that said defendant operated his
motor vehicle at an excessive rate of speed under the conditions and circumstances then and
there prevailing; in failing to maintain the aforesaid motor vehicle under proper and adequate
control; in failing to take heed of the traffic conditions then and there existing; in failing to
operate said motor vehicle with due care and prudence so as to avoid causing injury to the
plaintiff, DORINA FLOREA, when it was within the power of the defendant to do so; in
failing to maintain a proper lookout ahead; in failing to keep right; in failing to drive at a safe
and reasonable rate of speed under the conditions and circumstances then and there
prevailing; in striking plaintiff in the rear; in failing to observe plaintiff in a timely manor; in
failing to avoid said accident; in failing to prevent said occurrence complained of.
7. That the said accident occurred without any fault on the part of the plaintiff
contributing thereto.
8. That by reason of the foregoing and the negligent, carelessness and wrongful
acts and omissions on the part of the defendant, the plaintiff, DORINA FLOREA, was
injured, bruised and wounded and was rendered sick, sore, lame and disabled, and has
suffered and will continue to suffer great pain and anguish in both body and mind and great
bodily injuries, and has received and will continue to receive extensive medical treatment and
medicines, all in the endeavor to heal herself of said injuries, for which expense was and will
continue to be incurred.
9. That because DORINA FLOREA was operating a motorcycle at the time of
the accident, Sections 5102 and 5104 of the Insurance Law of the State of New York are
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inapplicable.
10. That by reason thereof, plaintiff, DORINA FLOREA, is entitled to recover for
all personal injuries, non-economic losses, and economic losses sustained and incurred
because of the subject accident.
11. That at all times hereinafter mentioned, that by reason of the negligence of the
defendant, and as a result of the injuries sustained by plaintiff, plaintiff, DORINA FLOREA,
has been damaged in amounts, which exceed the jurisdictional limits of all lower courts,
together with the costs and disbursements of this action.
WHEREFORE, plaintiff, DORINA FLOREA, demands judgment against the
defendant, on the First Cause of Action in amounts, which exceed the jurisdictional limits of all
lower courts, together with the costs and disbursements of these actions.
Dated: New York, New York
October 30, 2018
MESTE LA LC
D
Attorneys for Plaintiff
30 Broad Street - 14* Floor
New York, New York 10004
(718) 412-1717
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Index No. Year 2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
DORINA FLOREA,
Plaintiff,
-against-
BALWINDER SINGH,
Defendants.
SUMMONS WITH COMPLAINT
MESTERMAN LAW, PLLC
Attorneys for Plaintiff
30 Broad Street - 14* Floor
New York, New York 10004
(718) 412-1717
To:
Service of a copy of the within is hereby admitted.
Dated:
.........................
Attorney(s) for
PLEASE TAKE NOTICE
that the within is a (certified) true copy of an Order
entered in the office of the clerk of the within named Court on
NOTICE OF
ENTRY
that an Order of which the within is a true copy will be presented for settlement to the
Hon.
one of the judges of the within named Court, at,,, on .
NOTICE OF
SETTLEMENT
Dated: MESTERMAN LAW, PLLC
- 14*
30 Broad Street Floor
New York, New York 10004
.
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Preview
FILED: KINGS COUNTY CLERK 10/30/2018 03:30 PM INDEX NO. 521813/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS X DORINA FLOREA, SUMMONS WITH Plaintiff, COMPLAINT -against- Plaintiff resides in: Kings County BALWINDER SINGH, Defendant. Basis of Venue: X Plaintiff's Residence TO THE ABOVE NAMED DEFENDANT(S) You are hereby summered 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 (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 by default for the relief demanded herein. Dated: New York, New York MESTE , PLLC October 30, 2018 MES tto f r laintiff DO NA REA - 14* 30 Broad Street Floor New York, New York 10004 (718) 412-1717 Defendant(s) Address: 118* BALWINDER SINGH: 10119 Street, South Richmond Hill, New York 11419 Notice: The nature of this action: Personal Injuries; Motor Vehicle; Negligence. The relief sought: MONETARY Upon your failure to appear, judgment will be taken against you by default for amounts, which exceed the jurisdictional limits of all lower 29* courts, with interest thereon from the day of August 2018, together with the costs of this action. 1 of 5 FILED: KINGS COUNTY CLERK 10/30/2018 03:30 PM INDEX NO. 521813/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X DORINA FLOREA, Index No.: Plaintiff, COMPLAINT -against- BALWINDER SINGH, Defendant. X Plaintiff, DORINA FLOREA, by her attorneys, MESTERMAN LAW, PLLC, complaining of the defendant, BALWINDER SINGH, respectfully alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF DORINA FLOREA 1. That at all times hereinafter mentioned, plaintiff, DORINA FLOREA, was and still is a resident of, County of Kings, City, and State of New York. 2. That at all times hereinafter mentioned, defendant, BALWINDER SINGH, 1188¹ was and still is a resident of 10119 Street, South Richmond Hill, New York 11419. 3. That on August 29, 2018, defendant, BALWINDER SINGH, was and still is the registered owner of a 2017 Honda motor vehicle, New York License Plate # T761615C. 4. That on August 29, 2018, plaintiff DORINA FLOREA, was and still is the registered owner of a 2010 Harley-Davidson motorcycle, New York Plate # 71TD90. 5. That on August 29, 2018, at approximately 14:20 military time, on or about 780 Metropolitan Avenue, County of Kings, State of New York, defendant BALWINDER SINGH, operating the above referenced motor vehicle, struck plaintiff DORINA FLOREA's motorcycle in the rear, while plaintiff was operating her motorcycle. 2 of 5 FILED: KINGS COUNTY CLERK 10/30/2018 03:30 PM INDEX NO. 521813/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 6. That the said occurrence was caused solely by reason of the negligence, carelessness and recklessness of the defendant, BALWINDER SINGH, in the ownership, operation, maintenance and control of his motor vehicle; in that said defendant operated his motor vehicle at an excessive rate of speed under the conditions and circumstances then and there prevailing; in failing to maintain the aforesaid motor vehicle under proper and adequate control; in failing to take heed of the traffic conditions then and there existing; in failing to operate said motor vehicle with due care and prudence so as to avoid causing injury to the plaintiff, DORINA FLOREA, when it was within the power of the defendant to do so; in failing to maintain a proper lookout ahead; in failing to keep right; in failing to drive at a safe and reasonable rate of speed under the conditions and circumstances then and there prevailing; in striking plaintiff in the rear; in failing to observe plaintiff in a timely manor; in failing to avoid said accident; in failing to prevent said occurrence complained of. 7. That the said accident occurred without any fault on the part of the plaintiff contributing thereto. 8. That by reason of the foregoing and the negligent, carelessness and wrongful acts and omissions on the part of the defendant, the plaintiff, DORINA FLOREA, was injured, bruised and wounded and was rendered sick, sore, lame and disabled, and has suffered and will continue to suffer great pain and anguish in both body and mind and great bodily injuries, and has received and will continue to receive extensive medical treatment and medicines, all in the endeavor to heal herself of said injuries, for which expense was and will continue to be incurred. 9. That because DORINA FLOREA was operating a motorcycle at the time of the accident, Sections 5102 and 5104 of the Insurance Law of the State of New York are 3 of 5 FILED: KINGS COUNTY CLERK 10/30/2018 03:30 PM INDEX NO. 521813/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 inapplicable. 10. That by reason thereof, plaintiff, DORINA FLOREA, is entitled to recover for all personal injuries, non-economic losses, and economic losses sustained and incurred because of the subject accident. 11. That at all times hereinafter mentioned, that by reason of the negligence of the defendant, and as a result of the injuries sustained by plaintiff, plaintiff, DORINA FLOREA, has been damaged in amounts, which exceed the jurisdictional limits of all lower courts, together with the costs and disbursements of this action. WHEREFORE, plaintiff, DORINA FLOREA, demands judgment against the defendant, on the First Cause of Action in amounts, which exceed the jurisdictional limits of all lower courts, together with the costs and disbursements of these actions. Dated: New York, New York October 30, 2018 MESTE LA LC D Attorneys for Plaintiff 30 Broad Street - 14* Floor New York, New York 10004 (718) 412-1717 4 of 5 FILED: KINGS COUNTY CLERK 10/30/2018 03:30 PM INDEX NO. 521813/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 Index No. Year 2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS DORINA FLOREA, Plaintiff, -against- BALWINDER SINGH, Defendants. SUMMONS WITH COMPLAINT MESTERMAN LAW, PLLC Attorneys for Plaintiff 30 Broad Street - 14* Floor New York, New York 10004 (718) 412-1717 To: Service of a copy of the within is hereby admitted. Dated: ......................... Attorney(s) for PLEASE TAKE NOTICE that the within is a (certified) true copy of an Order entered in the office of the clerk of the within named Court on NOTICE OF ENTRY that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, at,,, on . NOTICE OF SETTLEMENT Dated: MESTERMAN LAW, PLLC - 14* 30 Broad Street Floor New York, New York 10004 . 5 of 5