Preview
FILED: KINGS COUNTY CLERK 10/30/2018 03:49 PM INDEX NO. 521802/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Filed:
IRENE L. VALLEJO, INDEX NO.
Plaintiff,
Plaintiff designates Kings
-against- as the place of trial.
County
BRANDON RAFAEL MORALES and DEBORAH BELTRAN, S U MM O N S
Defendants. The basis of venue is
Defendant's residence:
50 Manhattan Avenue
Brooklyn, New York
To the above-named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer on the plaintiff s 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: Astoria, New York
October
y , 2018
Silvf . Surdez, Esq.
S EZ & PEREZ, P.C.
Attorneys for Plaintiff
32-72 Steinway Street
Suite 401
Astoria, New York 11103
(718) 482-1555
BRANDON RAFAEL MORALES - 50 Manhattan Apt NY 11206
Ave, 7E, Brooklyn,
DEBORAH BELTRAN - 50 Manhattan Apt NY 11206
Ave, 7E, Brooklyn,
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FILED: KINGS COUNTY CLERK 10/30/2018 03:49 PM INDEX NO. 521802/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
INDEX NO.
IRENE L. VALLEJO,
Plaintiff,
VERIFIED COMPLAINT
-against-
BRANDON RAFAEL MORALES and DEBORAH BELTRAN,
Defendants.
Plaintiff, by her attorneys, SURDEZ & PEREZ, P.C., as and for her Complaint,
respectfully alleges, upon information and belief:
1. The plaintiff, IRENE L. VALLEJO, at all times herein mentioned was and still is a
resident of the County of Queens, City and State of New York.
2. The defendant, BRANDON RAFAEL MORALES, at all times herein mentioned was
and still is a resident of the County of Kings, City and State of New York.
3. The defendant, DEBORAH BELTRAN, at all times herein mentioned was
and still is a resident of the County of Kings, City and State of New York.
4. On June 23, 2017, plaintiff IRENE L. VALLEJO owned a certain automobile, bearing
New York license plate number FZW2428.
5. On June 23, 2017, plaintiff IRENE L. VALLEJO was the operator of a certain
automobile, bearing New York license plate number FZW2428.
6. On June 23, 2017, defendant DEBORAH BELTRAN was the registered owner of a
certain automobile, bearing New York license plate number DMA3022.
7. On June 23, 2017, defendant DEBORAH BELTRAN was the titled owner of a certain
automobile, bearing New York license plate number DMA3022.
8. On June 23, 2017, defendant DEBORAH BELTRAN maintained a certain automobile,
bearing New York license plate number DMA3022.
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FILED: KINGS COUNTY CLERK 10/30/2018 03:49 PM INDEX NO. 521802/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
9. On June 23, 2017, defendant DEBORAH BELTRAN controlled a certain automobile,
bearing New York license plate number DMA3022.
10. On June 23, 2017, defendant BRANDON RAFAEL MORALES was the operator of a
certain automobile, bearing New York license plate number DMA3022.
11. On June 23, 2017, the automobile bearing New York license plate number DMA3022
was being operated by defendant BRANDON RAFAEL MORALES with the express knowledge
and consent of its owner.
12. On June 23, 2017, the automobile bearing New York license plate number DMA3022
was being operated by defendant BRANDON RAFAEL MORALES with the express business of
its owner.
13. That all times herein mentioned Forest Avenue at or near its intersection with Stephen
Street, County of Queens, City and State of New York are and were public roadways, streets,
highways and or thoroughfares used extensively by the public in general.
14. On June 23, 2017, the vehicle operated by the defendant BRANDON RAFAEL
MORALES came in contact with the vehicle operated by the plaintiff IRENE L. VALLEJO, on
Forest Avenue at or near its intersection with Stephen Street, County of Queens, City and State
of New York.
15. That the negligence of the defendants BRANDON RAFAEL MORALES and
DEBORAH BELTRAN consisted of owning, operating, maintaining and controlling the
aforesaid motor vehicle in a negligent, reckless and careless manner causing severe personal
injuries to the plaintiff.
defendants'
16. Solely as a result of the negligence, carelessness and recklessness the
plaintiff was caused to suffer severe and serious personal injuries to mind and body, and further,
that the plaintiff was subjected to great physical pain and mental anguish.
17. As a result of the foregoing collision, the plaintiff IRENE L. VALLEJO sustained a
2
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FILED: KINGS COUNTY CLERK 10/30/2018 03:49 PM INDEX NO. 521802/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
injury"
"serious as defined by Article 51 of the Insurance Law of the State of New York.
18. As a result of the foregoing collision, the plaintiff IRENE L. VALLEJO suffered
loss"
"economic in excess of "basic economic loss", as those terms are defined by Article 51 of
the Insurance Law of the State of New York.
defendants'
19. Due to negligence, plaintiff is entitled to damages in excess of the
jurisdictional limits of all lower courts that would otherwise have jurisdiction in this state and by
the reason of the foregoing, the plaintiff has suffered damages in the amount to be determined at
trial.
WHEREFORE, the plaintiff demands judgment awarding damages, in an amount
exceeding the monetary jurisdictional limits of all lower courts which would otherwise have
jurisdiction, together with interest and the costs and disbursements of this action, and such other
and further relief as to this Court seems just and proper.
Dated: Astoria, New York
October SO, 2018
Silvia M. Surdez, Esq.
SURDEZ & PEREZ, P.C.
Attorneys for Plaintiff
32-72 Steinway Street
Suite 401
Astoria, New York 11103
(718) 482-1555
3
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FILED: KINGS COUNTY CLERK 10/30/2018 03:49 PM INDEX NO. 521802/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
STATE OF NEW YORK )
)SS
COUNTY OF ODEENS )
(f , being duly sworn, deposes and says:
Vallco
Timt deponent is the plainGffin the within and deponent
action; bus read the for egoing
that the same is true excep! for as to those maucus the cin stated to be upon infomiation and helieÇ
and as to those matters, deponent believes them to be Inte.
STAlll OFNEW YORK )
)SS.:
COUNTY OF QUEliNS
I CERTHO' that on O personaUy came before me
and acknowledged under eath, to my satisD£ction, that this perso:ir
(a) is named in :md personally signed this documcat;.and
(b) signed, sealed, and delivered this d ctunent as his/her act and deed.
Not .
L
REN IRENE PFElFFER
Public, State of New York
Notary
No. 01PF6368341
Qualified in Queens County
Commission Expires December 11, 20
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FILED: KINGS COUNTY CLERK 10/30/2018 03:49 PM INDEX NO. 521802/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No.
------------------------- --- - __------------- . ---------- ---------
IRENE L. VALLEJO,
Plaintiff,
-against-
BRANDON RAFAEL MORALES and DEBORAH BELTRAN,
Defendants.
----------- -- - ---------------------------------------------------
_____ ___ __ _____________________________________
VERIFIED SUMMONS and COMPLAINT
_____ _ _ _______________________ _____________________
SURDEZ & PEREZ, P.C.
Attorneys for Plaintiff
32-72 Steinway Street
Suite 401
Astoria, New York 11103
(718) 482-1555
6 of 6
Preview
FILED: KINGS COUNTY CLERK 10/30/2018 03:49 PM INDEX NO. 521802/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Filed: IRENE L. VALLEJO, INDEX NO. Plaintiff, Plaintiff designates Kings -against- as the place of trial. County BRANDON RAFAEL MORALES and DEBORAH BELTRAN, S U MM O N S Defendants. The basis of venue is Defendant's residence: 50 Manhattan Avenue Brooklyn, New York To the above-named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff s 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: Astoria, New York October y , 2018 Silvf . Surdez, Esq. S EZ & PEREZ, P.C. Attorneys for Plaintiff 32-72 Steinway Street Suite 401 Astoria, New York 11103 (718) 482-1555 BRANDON RAFAEL MORALES - 50 Manhattan Apt NY 11206 Ave, 7E, Brooklyn, DEBORAH BELTRAN - 50 Manhattan Apt NY 11206 Ave, 7E, Brooklyn, 1 of 6 FILED: KINGS COUNTY CLERK 10/30/2018 03:49 PM INDEX NO. 521802/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX NO. IRENE L. VALLEJO, Plaintiff, VERIFIED COMPLAINT -against- BRANDON RAFAEL MORALES and DEBORAH BELTRAN, Defendants. Plaintiff, by her attorneys, SURDEZ & PEREZ, P.C., as and for her Complaint, respectfully alleges, upon information and belief: 1. The plaintiff, IRENE L. VALLEJO, at all times herein mentioned was and still is a resident of the County of Queens, City and State of New York. 2. The defendant, BRANDON RAFAEL MORALES, at all times herein mentioned was and still is a resident of the County of Kings, City and State of New York. 3. The defendant, DEBORAH BELTRAN, at all times herein mentioned was and still is a resident of the County of Kings, City and State of New York. 4. On June 23, 2017, plaintiff IRENE L. VALLEJO owned a certain automobile, bearing New York license plate number FZW2428. 5. On June 23, 2017, plaintiff IRENE L. VALLEJO was the operator of a certain automobile, bearing New York license plate number FZW2428. 6. On June 23, 2017, defendant DEBORAH BELTRAN was the registered owner of a certain automobile, bearing New York license plate number DMA3022. 7. On June 23, 2017, defendant DEBORAH BELTRAN was the titled owner of a certain automobile, bearing New York license plate number DMA3022. 8. On June 23, 2017, defendant DEBORAH BELTRAN maintained a certain automobile, bearing New York license plate number DMA3022. 2 of 6 FILED: KINGS COUNTY CLERK 10/30/2018 03:49 PM INDEX NO. 521802/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 9. On June 23, 2017, defendant DEBORAH BELTRAN controlled a certain automobile, bearing New York license plate number DMA3022. 10. On June 23, 2017, defendant BRANDON RAFAEL MORALES was the operator of a certain automobile, bearing New York license plate number DMA3022. 11. On June 23, 2017, the automobile bearing New York license plate number DMA3022 was being operated by defendant BRANDON RAFAEL MORALES with the express knowledge and consent of its owner. 12. On June 23, 2017, the automobile bearing New York license plate number DMA3022 was being operated by defendant BRANDON RAFAEL MORALES with the express business of its owner. 13. That all times herein mentioned Forest Avenue at or near its intersection with Stephen Street, County of Queens, City and State of New York are and were public roadways, streets, highways and or thoroughfares used extensively by the public in general. 14. On June 23, 2017, the vehicle operated by the defendant BRANDON RAFAEL MORALES came in contact with the vehicle operated by the plaintiff IRENE L. VALLEJO, on Forest Avenue at or near its intersection with Stephen Street, County of Queens, City and State of New York. 15. That the negligence of the defendants BRANDON RAFAEL MORALES and DEBORAH BELTRAN consisted of owning, operating, maintaining and controlling the aforesaid motor vehicle in a negligent, reckless and careless manner causing severe personal injuries to the plaintiff. defendants' 16. Solely as a result of the negligence, carelessness and recklessness the plaintiff was caused to suffer severe and serious personal injuries to mind and body, and further, that the plaintiff was subjected to great physical pain and mental anguish. 17. As a result of the foregoing collision, the plaintiff IRENE L. VALLEJO sustained a 2 3 of 6 FILED: KINGS COUNTY CLERK 10/30/2018 03:49 PM INDEX NO. 521802/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 injury" "serious as defined by Article 51 of the Insurance Law of the State of New York. 18. As a result of the foregoing collision, the plaintiff IRENE L. VALLEJO suffered loss" "economic in excess of "basic economic loss", as those terms are defined by Article 51 of the Insurance Law of the State of New York. defendants' 19. Due to negligence, plaintiff is entitled to damages in excess of the jurisdictional limits of all lower courts that would otherwise have jurisdiction in this state and by the reason of the foregoing, the plaintiff has suffered damages in the amount to be determined at trial. WHEREFORE, the plaintiff demands judgment awarding damages, in an amount exceeding the monetary jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with interest and the costs and disbursements of this action, and such other and further relief as to this Court seems just and proper. Dated: Astoria, New York October SO, 2018 Silvia M. Surdez, Esq. SURDEZ & PEREZ, P.C. Attorneys for Plaintiff 32-72 Steinway Street Suite 401 Astoria, New York 11103 (718) 482-1555 3 4 of 6 FILED: KINGS COUNTY CLERK 10/30/2018 03:49 PM INDEX NO. 521802/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 STATE OF NEW YORK ) )SS COUNTY OF ODEENS ) (f , being duly sworn, deposes and says: Vallco Timt deponent is the plainGffin the within and deponent action; bus read the for egoing that the same is true excep! for as to those maucus the cin stated to be upon infomiation and helieÇ and as to those matters, deponent believes them to be Inte. STAlll OFNEW YORK ) )SS.: COUNTY OF QUEliNS I CERTHO' that on O personaUy came before me and acknowledged under eath, to my satisD£ction, that this perso:ir (a) is named in :md personally signed this documcat;.and (b) signed, sealed, and delivered this d ctunent as his/her act and deed. Not . L REN IRENE PFElFFER Public, State of New York Notary No. 01PF6368341 Qualified in Queens County Commission Expires December 11, 20 5 of 6 FILED: KINGS COUNTY CLERK 10/30/2018 03:49 PM INDEX NO. 521802/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No. ------------------------- --- - __------------- . ---------- --------- IRENE L. VALLEJO, Plaintiff, -against- BRANDON RAFAEL MORALES and DEBORAH BELTRAN, Defendants. ----------- -- - --------------------------------------------------- _____ ___ __ _____________________________________ VERIFIED SUMMONS and COMPLAINT _____ _ _ _______________________ _____________________ SURDEZ & PEREZ, P.C. Attorneys for Plaintiff 32-72 Steinway Street Suite 401 Astoria, New York 11103 (718) 482-1555 6 of 6