Preview
FILED: ERIE COUNTY CLERK 04/09/2018 06:11 PM INDEX NO. 805595/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2018
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
CHARLES FREDRICK
440 Tremaine Avenue
Kenmore, New York 14217
Plaintiff, SUMMONS
vs. Index No.:
LAUREN BECKSTEIN
9788 Shorecliff Road
Angola, New York 14006
JOSEPH G. BROWN
308 Ericsson Road
Kennedy, New York 14747
Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon the Plaintiff's attorney,
at the address stated below, a written Answer to the attached Complaint. If this Summons is
served upon you within the State of New York by personal service, you must respond within
twenty (20) days after the service, not counting the day of service. If this Summons was not
personally served upon you within the State of New York, you must respond within thirty (30)
days after the service is completed as provided by law.
If you do not respond to the attached Complaint within the applicable time limitations
stated above, a judgment may be entered against you, by default, for the relief demanded in the
Complaint including, but not limited to, monetary damages.
Erie County is designated as the place of trialon the basis of the residence of the Plaintiff
and Defendant Beckstein.
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Dated: April 9, 2018
Buffalo, New York
Yours etc.,
S/ RAFAEL O. GOMEZ
Rafael O. Gomez, Esq.
GOMEZ 4 BECKER, LLP
Attorneys for Plaintiff
2746 Delaware Avenue
The Eberhardt Mansion
Buffalo, New York 14217
(716) 873-0333
rgomez@gomezbecker. corn
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STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
CHARLES FREDRICK,
Plaintiff, COMPLAINT
v. Index No.:
LAUREN BECKSTEIN and
JOSEPH G. BROWN,
Defendants.
Plaintiff, CHARLES FREDRICK, by and through his attorneys at GOMEZ & BECKER,
LLP, as and for his Complaint against the Defendants, LAUREN BECKSTEIN and JOSEPH G.
BROWN, alleges upon information and belief, and at all times hereinafter mentioned, as follows:
1. Plaintiff, CHARLES FREDRICK (hereinafter referred to as "Mr. Fredrick"), was,
and is, a resident of the County of Erie and State of New York.
2. Defendant, LAUREN BECKSTEIN (hereinafter referred to as "Defendant
Beckstein"), was, and is, a resident of the County of Erie and State of New York.
Brown"
3. Defendant, JOSEPH G. BROWN (hereinafter referred to as "Defendant Brown"),
was, and is, a resident of the County of Chautauqua and State of New York.
4. On or about February 5, 2016 Mr. Fredrick was the operator of a 1994 Ford
registered in,and bearing a license plate from, the State of New York (hereinafter referred to as
"Ford"
"Ford").
5. On or about February 5, 2016 Defendant Beckstein was the owner and operator of
a 2008 Chrysler registered in,and bearing a license plate from, the State of New York
"Chrysler"
(hereinafter referred to as ).
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6. On or about February 5, 2016 Defendant Brown was the owner and operator of a
2007 Mazda registered in, and bearing a license plate from, the State of New York (hereinafter
"Mazda"
referred to as "Mazda").
7. On or about February 5, 2016 Mr. Fredrick was stopped on Allegany Road, in the
Ford, at the intersection with Routes 5 and 20 in the Town of Hanover, County of Chautauqua
and State of New York.
8. On or about February 5, 2016 Defendant Beckstein was operating the Chrysler
and travelling eastbound on Routes 5 and 20 at or about the intersection with Allegany Road in
the Town of Hanover, County of Chautauqua and State of New York.
9. On or about February 5, 2016 Defendant Brown was operating the Mazda and
travelling westbound on Routes 5 and 20 at or about the intersection with Allegany Road in the
Town of Hanover, County of Chautauqua and State of New York.
10. On or about February 5, 2016 the Chrysler and Mazda came into contact with
each other at or about the intersection of Routes 5 and 20 and Allegany Road in the Town of
Hanover, County of Chautauqua and State of New York.
11. As a result of the contact between the Chrysler and Mazda, those vehicles were
caused to come into contact with the Ford while itwas stopped and occupied by Mr. Fredrick at
or about the intersection of Routes 5 and 20 and Allegany Road in the Town of Hanover, County
of Chautauqua and State of New York.
12. Defendants were careless, negligent and reckless in the operation of their vehicles
resulting in the contact between the Chrysler and Mazda with the Ford occupied by Mr. Fredrick.
13. The contact between the Chrysler and Mazda was caused by the carelessness,
negligence and recklessness of the Defendants without any such carelessness, negligence or
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recklessness on the part of Mr. Fredrick.
14. The contact between the Chrysler and Mazda with the Ford occupied by Mr.
Fredrick was caused by the carelessness, negligence and recklessness of the Defendants without
any such carelessness, negligence or recklessness on the part of Mr. Fredrick.
Defendants'
15. carelessness, negligence and recklessness caused the contact with the
Ford occupied by Mr. Fredrick and resulted in him suffering serious injuries as defined under
Article 51 of the New York State Insurance Law.
16. The instant action is exempt from the provisions of CPLR Article 16.
17. Mr. Fredrick has been forced to suffer serious personal injuries as a result of the
carelessness, recklessness and negligence of Defendants, and such damages have been incurred,
and will continue to be incurred into the future, and are in excess of the jurisdictional limits of all
lower courts.
WHEREFORE, Plaintiff, CHARLES FREDRICK, hereby demands judgment against
Defendant, LAUREN BECKSTEIN and Defendant JOSEPH G. BROWN, for alldamages
properly recoverable under the law, and the costs and disbursements of the instant action.
Dated: April 9, 2018
Buffalo, New York
Yours etc.,
S/ RAFAEL O. GOMEZ
Rafael O. Gomez, Esq.
GOMEZ 4 BECKER, LLP
Attorneys for Plaintiff
2746 Delaware Avenue
The Eberhardt Mansion
Buffalo, New York 14217
(716) 873-0333
rgomez@gomezbecker. corn
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Preview
FILED: ERIE COUNTY CLERK 04/09/2018 06:11 PM INDEX NO. 805595/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2018 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE CHARLES FREDRICK 440 Tremaine Avenue Kenmore, New York 14217 Plaintiff, SUMMONS vs. Index No.: LAUREN BECKSTEIN 9788 Shorecliff Road Angola, New York 14006 JOSEPH G. BROWN 308 Ericsson Road Kennedy, New York 14747 Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon the Plaintiff's attorney, at the address stated below, a written Answer to the attached Complaint. If this Summons is served upon you within the State of New York by personal service, you must respond within twenty (20) days after the service, not counting the day of service. If this Summons was not personally served upon you within the State of New York, you must respond within thirty (30) days after the service is completed as provided by law. If you do not respond to the attached Complaint within the applicable time limitations stated above, a judgment may be entered against you, by default, for the relief demanded in the Complaint including, but not limited to, monetary damages. Erie County is designated as the place of trialon the basis of the residence of the Plaintiff and Defendant Beckstein. 1 of 5 FILED: ERIE COUNTY CLERK 04/09/2018 06:11 PM INDEX NO. 805595/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2018 Dated: April 9, 2018 Buffalo, New York Yours etc., S/ RAFAEL O. GOMEZ Rafael O. Gomez, Esq. GOMEZ 4 BECKER, LLP Attorneys for Plaintiff 2746 Delaware Avenue The Eberhardt Mansion Buffalo, New York 14217 (716) 873-0333 rgomez@gomezbecker. corn 2 of 5 FILED: ERIE COUNTY CLERK 04/09/2018 06:11 PM INDEX NO. 805595/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2018 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE CHARLES FREDRICK, Plaintiff, COMPLAINT v. Index No.: LAUREN BECKSTEIN and JOSEPH G. BROWN, Defendants. Plaintiff, CHARLES FREDRICK, by and through his attorneys at GOMEZ & BECKER, LLP, as and for his Complaint against the Defendants, LAUREN BECKSTEIN and JOSEPH G. BROWN, alleges upon information and belief, and at all times hereinafter mentioned, as follows: 1. Plaintiff, CHARLES FREDRICK (hereinafter referred to as "Mr. Fredrick"), was, and is, a resident of the County of Erie and State of New York. 2. Defendant, LAUREN BECKSTEIN (hereinafter referred to as "Defendant Beckstein"), was, and is, a resident of the County of Erie and State of New York. Brown" 3. Defendant, JOSEPH G. BROWN (hereinafter referred to as "Defendant Brown"), was, and is, a resident of the County of Chautauqua and State of New York. 4. On or about February 5, 2016 Mr. Fredrick was the operator of a 1994 Ford registered in,and bearing a license plate from, the State of New York (hereinafter referred to as "Ford" "Ford"). 5. On or about February 5, 2016 Defendant Beckstein was the owner and operator of a 2008 Chrysler registered in,and bearing a license plate from, the State of New York "Chrysler" (hereinafter referred to as ). 3 of 5 FILED: ERIE COUNTY CLERK 04/09/2018 06:11 PM INDEX NO. 805595/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2018 6. On or about February 5, 2016 Defendant Brown was the owner and operator of a 2007 Mazda registered in, and bearing a license plate from, the State of New York (hereinafter "Mazda" referred to as "Mazda"). 7. On or about February 5, 2016 Mr. Fredrick was stopped on Allegany Road, in the Ford, at the intersection with Routes 5 and 20 in the Town of Hanover, County of Chautauqua and State of New York. 8. On or about February 5, 2016 Defendant Beckstein was operating the Chrysler and travelling eastbound on Routes 5 and 20 at or about the intersection with Allegany Road in the Town of Hanover, County of Chautauqua and State of New York. 9. On or about February 5, 2016 Defendant Brown was operating the Mazda and travelling westbound on Routes 5 and 20 at or about the intersection with Allegany Road in the Town of Hanover, County of Chautauqua and State of New York. 10. On or about February 5, 2016 the Chrysler and Mazda came into contact with each other at or about the intersection of Routes 5 and 20 and Allegany Road in the Town of Hanover, County of Chautauqua and State of New York. 11. As a result of the contact between the Chrysler and Mazda, those vehicles were caused to come into contact with the Ford while itwas stopped and occupied by Mr. Fredrick at or about the intersection of Routes 5 and 20 and Allegany Road in the Town of Hanover, County of Chautauqua and State of New York. 12. Defendants were careless, negligent and reckless in the operation of their vehicles resulting in the contact between the Chrysler and Mazda with the Ford occupied by Mr. Fredrick. 13. The contact between the Chrysler and Mazda was caused by the carelessness, negligence and recklessness of the Defendants without any such carelessness, negligence or 4 of 5 FILED: ERIE COUNTY CLERK 04/09/2018 06:11 PM INDEX NO. 805595/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2018 recklessness on the part of Mr. Fredrick. 14. The contact between the Chrysler and Mazda with the Ford occupied by Mr. Fredrick was caused by the carelessness, negligence and recklessness of the Defendants without any such carelessness, negligence or recklessness on the part of Mr. Fredrick. Defendants' 15. carelessness, negligence and recklessness caused the contact with the Ford occupied by Mr. Fredrick and resulted in him suffering serious injuries as defined under Article 51 of the New York State Insurance Law. 16. The instant action is exempt from the provisions of CPLR Article 16. 17. Mr. Fredrick has been forced to suffer serious personal injuries as a result of the carelessness, recklessness and negligence of Defendants, and such damages have been incurred, and will continue to be incurred into the future, and are in excess of the jurisdictional limits of all lower courts. WHEREFORE, Plaintiff, CHARLES FREDRICK, hereby demands judgment against Defendant, LAUREN BECKSTEIN and Defendant JOSEPH G. BROWN, for alldamages properly recoverable under the law, and the costs and disbursements of the instant action. Dated: April 9, 2018 Buffalo, New York Yours etc., S/ RAFAEL O. GOMEZ Rafael O. Gomez, Esq. GOMEZ 4 BECKER, LLP Attorneys for Plaintiff 2746 Delaware Avenue The Eberhardt Mansion Buffalo, New York 14217 (716) 873-0333 rgomez@gomezbecker. corn 5 of 5