Preview
FILED: KINGS COUNTY CLERK 10/03/2018 01:01 PM INDEX NO. 519850/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
X
ALICIA M. CULTRARO,
Index No.:
Plaintiff, Date Filed:
-against- Plaintiff designates
Kings County as the
THE CITY OF NEW YORK, THE NEW YORK CITY place of trial
DEPARTMENT OF PARKS AND RECREATION and
ANITA M. CAMPBELL, The basis of the venue
is the place of
Defendants. occurrence
SUMMONS
Plaintiff resides at
9102 Colonial Rd.
Brooklyn, NY 11209
X
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 attorneys Gary P. Kauget, P.C. within 20 days after
the service of this summons, exclusive of the day of service (or
within 30 days after the service is complete if the summons is not
personally delivered to you within the State of New York); and in
the case of your failure to appear or answer, judgment will be
taken against you by default for the relief demanded in the
complaint.
Dated: Brooklyn, New York
Defendant's Addresses:
NYC: 100 Church Street, New York, NY 10007
NYC Dept. of Parks & Recration: 100 Church Street, New York, New
York 1007
Anita M. Campbell: 7403 Aquatic Drive, Que ns, NY 11692
ARY . T, P.C.
Attorney for Plaintiff
9201 Fourth Avenue
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
__--___________________-______ ______________
ALICIA M. CULTRARO,
Plaintiff,
VERIFIED COMPLAINT
against
Index Number:
THE CITY OF NEW YORK, THE NEW YORK CITY
DEPARTMENT OF PARKS AND RECREATION and
ANITA CAMPBELL,
Defendants.
______________.._________________ _ _ __________
Plaintiff by her attorney, GARY P. KAUGET, P.C.,
complaining of the defendants, jointly and/or severally,
respectfully alleges as follows:
AS AND FOR A FIRST CAUSE OF ACTION
FIRST: That at all times and places
hereinafter mentioned, plaintiff was and still is a resident of
the County of Kings, City and State of New York.
SECOND: That at all times and places
hereinafter mentioned, THE CITY OF NEW YORK, was and still is a
municipal corporation duly organized and existing under and by
virtue of the laws of the State of New York.
THIRD: That heretofore and on or about the
16 day of November, 2017, Notice of Claim with Intention to Sue
was duly served upon the defendant, THE CITY OF NEW YORK.
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FOURTH: That the Notice of Claim with
Intention to Sue of the plaintiff was duly served upon the
defendant, THE CITY OF NEW YORK, within ninety (90) days after the
injuries hereinafter described was received and sustained by the
plaintiff and was served prior to the commencement of the action.
FIFTH: That more than thirty (30) days have
elapsed since the service of said Notice of Claim with Intention
to Sue by the plaintiffs, as aforementioned and the claim remains
unpaid and THE CITY OF NEW YORK has failed and refused to make any
adjustment of same including requesting a 50H Hearing.
SIXTH: That the plaintiffs have duly
complied with all of the conditions precedent to the commencement
of this action and has complied with all the provisions of the
Charter of THE CITY OF NEW YORK in relation thereto and with all
the laws and statutes of the City of New York in relation thereto.
SEVENTH: That this action was commenced
within one year and ninety days from the date of the said cause
of action arose.
EIGHTH: That at all times and places
hereinafter mentioned, THE NEW YORK CITY DEPARTMENT OF PARKS AND
RECREATION, was and still is a municipal corporation duly
organized and existing under and by virtue of the laws of the
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State of New York.
NINTH: That heretofore and on or about the
16 day of November, 2017, Notice of Claim with Intention to Sue
was duly served upon the defendant, THE NEW YORK CITY DEPARTMENT
OF PARKS AND RECREATION.
TENTH: That the Notice of Claim with
Intention to Sue of the plaintiff was duly served upon the
defendant, THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION,
within ninety (90) days after the injuries hereinafter described
was received and sustained by the plaintiff and was served prior
to the commencement of the action.
ELEVENTH: That more than thirty (30) days have
elapsed since the service of said Notice of Claim with Intention
to Sue by the plaintiffs, as aforementioned and the claim remains
unpaid and THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION,
has failed and refused to make any adjustment of same including
requesting a 50H hearing.
TWELFTH: That the plaintiffs have duly complied
with all of the conditions precedent to the commencement of this
action and has complied with all the provisions of the Charter of
THE NEW YORK CITY DEPARTMENT OF PARIKS AND RECREATION, in relation
thereto and with all the laws and statutes of the City of New York
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in relation thereto.
THIRTEENTH: That this action was commenced
within one year and ninety days from the date of the said cause
of action arose.
FOURTEENTH: Upon information and belief, that
at all times and places hereinafter mentioned, the defendant, THE
CITY OF NEW YORK, owned a 2012 Chevrolet motor vehicle bearing New
York State license number AH9214 for the year 2018.
FIFTEENTH: Upon information and belief, that
at al'1 times and places hereinafter mentioned, the defendant, THE
NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, owned a 2012
Chevrolet motor vehicle bearing New York State license number
AH9214 for the year 2018.
SIXTEENTH: Upon information and belief, that at all
times and places hereinafter mentioned, the defendant, ANITA M.
CAMPBELL, operated the aforesaid motor vehicle.
SEVENTEENTH: Upon information and belief, that at all
times and places hereinafter mentioned, the defendant, THE CITY
OF NEW YORK, maintained the aforesaid motor vehicle.
EIGHTEENTH: Upon information and belief, that at all
times and places hereinafter mentioned, the defendant, THE NEW
YORK CITY DEPARTMENT OF PARKS AND RECREATION, maintained the
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aforesaid motor vehicle.
NINETEENTH: Upon information and belief, that at all
times and places hereinafter mentioned, the defendant, ANITA M.
CAMPBELL, controlled the aforesaid motor vehicle.
TWENTIETH: Upon information and belief, that at all
times and places hereinafter mentioned, the defendant, ANITA M.
CAMPBELL, managed the aforesaid motor vehicle.
TWENTY-FIRST: Upon information and belief, that
at all times and places hereinafter mentioned, the defendant,
ANITA M. CAMPBELL, operated the aforesaid motor vehicle with the
permission, consent and knowledge of the defendant, THE CITY OF
NEW YORK.
TWENTY-SECOND: Upon information and belief, that
at all times and places hereinafter mentioned, the defendant,
ANITA M. CAMPBELL, operated the aforesaid motor vehicle with the
permission, consent and knowledge of the defendant, THE NEW YORK
CITY DEPARTMENT OF PARKS AND RECREATION.
TWENTY-THIRD: That on or about September 28, 2017
at approximately 12:35 P.M. the plaintiff, ALICIA M. CULTRARO, was
lawfully and properly the owner of a 2015 Honda motor vehicle
bearing New York State registration number BPTl972 for the year
2018.
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TWENTY-FOURTH: That at all times and places
hereinafter mentioned, Belt Parkway (eastbound) at or near its
intersection with 1/10 mile east of VZ Bridge Park Area, in the
County of Kings, City and State of New York was and still is a
public thoroughfare.
TWENTY-FIFTH: That on the aforesaid date at the
aforesaid location, the motor vehicle owned and operated by the
respective defendants was involved in a collision with the motor
vehicle operated by the plaintiff.
TWENTY-SIXTH: That as a result thereof, this
plaintiff was caused to sustain serious and severe personal
injuries.
TWENTY-SEVENTH: That the said accident occurred
solely and wholly by reason of the carelessness, recklessness and
negligence of the defendants in the ownership, operation,
maintenance, management and control of his aforesaid motor vehicle
without any negligence or want of care on the part of the plaintiff
in any manner contributing thereto.
TWENTY-EIGHTH: Plaintiff, ALICIA M. CULTRARO, has
sustained serious injuries, as defined in Subdivision 5102 and
5104 of the Insurance Law.
TWENTY-NINTH: That as a result of the foregoing,
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plaintiff ALICIA M. CULTRARO, sustained serious, severe and
permanent personal injuries.
THIRTIETH: That plaintiff, ALICIA M. CULTRARO,
is not seeking 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
to recover those damages not recoverable through no-
seeking only
fault insurance under the facts and circumstances in this action.
THIRTY-FIRST: That this action falls within one
or more of the exceptions set forth in CPLR 1602.
THIRTY-SECOND: That as a result of the foregoing
plaintiff has been damaged in an amount that exceeds all
jurisdictional limits of the lower Courts.
WHEREFORE, plaintiff demands judgment against the
defendant, in the amount to be determined at the time of trial,
together with the costs and disbursements of this action.
Yours, etc.,
GARY P. UGET, P.C.
Attorney for Plaintiff
Office and P.O. Address
9201 Fourth Avenue
Suite 707
Brooklyn, New York 11209
718-833-2496
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STATE OF NEW YORK )
)SS.:
COUNTY OF KINGS )
ALICIA M. CULTRARO, being duly sworn, deposes and says:
Deponent is the plaintiff in the within action;
deponent has read the foregoing Summons and Verified Complaint
knows the contents thereof, the same is true to deponent's own
knowledge, except as to the matters therein stated to be alleged
on information and belief, and as to those matter deponent believe
it to be true.
ALICIA M. CULTRARO
Sworn to before me this
day of , 2018
NOTARY PUBLIC
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Index #
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ALICIA M. CULTRARO,
Plaintiffs,
against
THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT
OF PARKS AND RECREATION and ANITA M. CAMPBELL,
Defendants.
SUMMONS & VERIFIED COMPLAINT
GARY P. KAUGET, P.C.
Attorney for Plaintiffs
Office and P.O. Address
9201 Fourth Avenue
Seventh Floor
Brooklyn, New York 11209
718-833-2496
Atterney for Defendant
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Preview
FILED: KINGS COUNTY CLERK 10/03/2018 01:01 PM INDEX NO. 519850/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X ALICIA M. CULTRARO, Index No.: Plaintiff, Date Filed: -against- Plaintiff designates Kings County as the THE CITY OF NEW YORK, THE NEW YORK CITY place of trial DEPARTMENT OF PARKS AND RECREATION and ANITA M. CAMPBELL, The basis of the venue is the place of Defendants. occurrence SUMMONS Plaintiff resides at 9102 Colonial Rd. Brooklyn, NY 11209 X 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 attorneys Gary P. Kauget, P.C. within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if the summons is not personally delivered to you within the State of New York); and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Brooklyn, New York Defendant's Addresses: NYC: 100 Church Street, New York, NY 10007 NYC Dept. of Parks & Recration: 100 Church Street, New York, New York 1007 Anita M. Campbell: 7403 Aquatic Drive, Que ns, NY 11692 ARY . T, P.C. Attorney for Plaintiff 9201 Fourth Avenue 1 of 10 FILED: KINGS COUNTY CLERK 10/03/2018 01:01 PM INDEX NO. 519850/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS __--___________________-______ ______________ ALICIA M. CULTRARO, Plaintiff, VERIFIED COMPLAINT against Index Number: THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION and ANITA CAMPBELL, Defendants. ______________.._________________ _ _ __________ Plaintiff by her attorney, GARY P. KAUGET, P.C., complaining of the defendants, jointly and/or severally, respectfully alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION FIRST: That at all times and places hereinafter mentioned, plaintiff was and still is a resident of the County of Kings, City and State of New York. SECOND: That at all times and places hereinafter mentioned, THE CITY OF NEW YORK, was and still is a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York. THIRD: That heretofore and on or about the 16 day of November, 2017, Notice of Claim with Intention to Sue was duly served upon the defendant, THE CITY OF NEW YORK. 2 of 10 FILED: KINGS COUNTY CLERK 10/03/2018 01:01 PM INDEX NO. 519850/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 FOURTH: That the Notice of Claim with Intention to Sue of the plaintiff was duly served upon the defendant, THE CITY OF NEW YORK, within ninety (90) days after the injuries hereinafter described was received and sustained by the plaintiff and was served prior to the commencement of the action. FIFTH: That more than thirty (30) days have elapsed since the service of said Notice of Claim with Intention to Sue by the plaintiffs, as aforementioned and the claim remains unpaid and THE CITY OF NEW YORK has failed and refused to make any adjustment of same including requesting a 50H Hearing. SIXTH: That the plaintiffs have duly complied with all of the conditions precedent to the commencement of this action and has complied with all the provisions of the Charter of THE CITY OF NEW YORK in relation thereto and with all the laws and statutes of the City of New York in relation thereto. SEVENTH: That this action was commenced within one year and ninety days from the date of the said cause of action arose. EIGHTH: That at all times and places hereinafter mentioned, THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, was and still is a municipal corporation duly organized and existing under and by virtue of the laws of the 3 of 10 FILED: KINGS COUNTY CLERK 10/03/2018 01:01 PM INDEX NO. 519850/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 State of New York. NINTH: That heretofore and on or about the 16 day of November, 2017, Notice of Claim with Intention to Sue was duly served upon the defendant, THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION. TENTH: That the Notice of Claim with Intention to Sue of the plaintiff was duly served upon the defendant, THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, within ninety (90) days after the injuries hereinafter described was received and sustained by the plaintiff and was served prior to the commencement of the action. ELEVENTH: That more than thirty (30) days have elapsed since the service of said Notice of Claim with Intention to Sue by the plaintiffs, as aforementioned and the claim remains unpaid and THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, has failed and refused to make any adjustment of same including requesting a 50H hearing. TWELFTH: That the plaintiffs have duly complied with all of the conditions precedent to the commencement of this action and has complied with all the provisions of the Charter of THE NEW YORK CITY DEPARTMENT OF PARIKS AND RECREATION, in relation thereto and with all the laws and statutes of the City of New York 4 of 10 FILED: KINGS COUNTY CLERK 10/03/2018 01:01 PM INDEX NO. 519850/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 in relation thereto. THIRTEENTH: That this action was commenced within one year and ninety days from the date of the said cause of action arose. FOURTEENTH: Upon information and belief, that at all times and places hereinafter mentioned, the defendant, THE CITY OF NEW YORK, owned a 2012 Chevrolet motor vehicle bearing New York State license number AH9214 for the year 2018. FIFTEENTH: Upon information and belief, that at al'1 times and places hereinafter mentioned, the defendant, THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, owned a 2012 Chevrolet motor vehicle bearing New York State license number AH9214 for the year 2018. SIXTEENTH: Upon information and belief, that at all times and places hereinafter mentioned, the defendant, ANITA M. CAMPBELL, operated the aforesaid motor vehicle. SEVENTEENTH: Upon information and belief, that at all times and places hereinafter mentioned, the defendant, THE CITY OF NEW YORK, maintained the aforesaid motor vehicle. EIGHTEENTH: Upon information and belief, that at all times and places hereinafter mentioned, the defendant, THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION, maintained the 5 of 10 FILED: KINGS COUNTY CLERK 10/03/2018 01:01 PM INDEX NO. 519850/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 aforesaid motor vehicle. NINETEENTH: Upon information and belief, that at all times and places hereinafter mentioned, the defendant, ANITA M. CAMPBELL, controlled the aforesaid motor vehicle. TWENTIETH: Upon information and belief, that at all times and places hereinafter mentioned, the defendant, ANITA M. CAMPBELL, managed the aforesaid motor vehicle. TWENTY-FIRST: Upon information and belief, that at all times and places hereinafter mentioned, the defendant, ANITA M. CAMPBELL, operated the aforesaid motor vehicle with the permission, consent and knowledge of the defendant, THE CITY OF NEW YORK. TWENTY-SECOND: Upon information and belief, that at all times and places hereinafter mentioned, the defendant, ANITA M. CAMPBELL, operated the aforesaid motor vehicle with the permission, consent and knowledge of the defendant, THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION. TWENTY-THIRD: That on or about September 28, 2017 at approximately 12:35 P.M. the plaintiff, ALICIA M. CULTRARO, was lawfully and properly the owner of a 2015 Honda motor vehicle bearing New York State registration number BPTl972 for the year 2018. 6 of 10 FILED: KINGS COUNTY CLERK 10/03/2018 01:01 PM INDEX NO. 519850/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 TWENTY-FOURTH: That at all times and places hereinafter mentioned, Belt Parkway (eastbound) at or near its intersection with 1/10 mile east of VZ Bridge Park Area, in the County of Kings, City and State of New York was and still is a public thoroughfare. TWENTY-FIFTH: That on the aforesaid date at the aforesaid location, the motor vehicle owned and operated by the respective defendants was involved in a collision with the motor vehicle operated by the plaintiff. TWENTY-SIXTH: That as a result thereof, this plaintiff was caused to sustain serious and severe personal injuries. TWENTY-SEVENTH: That the said accident occurred solely and wholly by reason of the carelessness, recklessness and negligence of the defendants in the ownership, operation, maintenance, management and control of his aforesaid motor vehicle without any negligence or want of care on the part of the plaintiff in any manner contributing thereto. TWENTY-EIGHTH: Plaintiff, ALICIA M. CULTRARO, has sustained serious injuries, as defined in Subdivision 5102 and 5104 of the Insurance Law. TWENTY-NINTH: That as a result of the foregoing, 7 of 10 FILED: KINGS COUNTY CLERK 10/03/2018 01:01 PM INDEX NO. 519850/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 plaintiff ALICIA M. CULTRARO, sustained serious, severe and permanent personal injuries. THIRTIETH: That plaintiff, ALICIA M. CULTRARO, is not seeking 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 to recover those damages not recoverable through no- seeking only fault insurance under the facts and circumstances in this action. THIRTY-FIRST: That this action falls within one or more of the exceptions set forth in CPLR 1602. THIRTY-SECOND: That as a result of the foregoing plaintiff has been damaged in an amount that exceeds all jurisdictional limits of the lower Courts. WHEREFORE, plaintiff demands judgment against the defendant, in the amount to be determined at the time of trial, together with the costs and disbursements of this action. Yours, etc., GARY P. UGET, P.C. Attorney for Plaintiff Office and P.O. Address 9201 Fourth Avenue Suite 707 Brooklyn, New York 11209 718-833-2496 8 of 10 FILED: KINGS COUNTY CLERK 10/03/2018 01:01 PM INDEX NO. 519850/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 STATE OF NEW YORK ) )SS.: COUNTY OF KINGS ) ALICIA M. CULTRARO, being duly sworn, deposes and says: Deponent is the plaintiff in the within action; deponent has read the foregoing Summons and Verified Complaint knows the contents thereof, the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matter deponent believe it to be true. ALICIA M. CULTRARO Sworn to before me this day of , 2018 NOTARY PUBLIC 9 of 10 FILED: KINGS COUNTY CLERK 10/03/2018 01:01 PM INDEX NO. 519850/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 Index # SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ALICIA M. CULTRARO, Plaintiffs, against THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION and ANITA M. CAMPBELL, Defendants. SUMMONS & VERIFIED COMPLAINT GARY P. KAUGET, P.C. Attorney for Plaintiffs Office and P.O. Address 9201 Fourth Avenue Seventh Floor Brooklyn, New York 11209 718-833-2496 Atterney for Defendant 10 of 10