Preview
FILED: KINGS COUNTY CLERK 10/03/2018 11:32 AM INDEX NO. 519845/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No.:
JOSE V. FERNANDEZ, Dated Filed:
Plaintiff,
SUMMONS
-against-
Plaintiff designates Kings
JORGE LUIS RIVERA, County as the place of trial.
Defendant The basis of venue is
Situs of the accident
To the above named Defendant:
YOU ARE HEREBY SUMMONED to answct 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 Plaintiffs attorney(s) within 20 days after the service of this Sununons,
exclusive of the day of service (or within 30 days after the service is complete if this 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
October 1", 2018
By
Vi oriffHo sepyan, Esq.
JOSHUA B IAN IRWIN, P.C.
Attorney for Plaintiff
2171 86 Street, Suite 2
Brooklyn, New York 11214
(718)449-7491
TO: JORGE LUIS RIVERA
265 Milford St #1,
Brooklyn, NY 11208
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
INDEX NO.
JOSE V. FERNANDEZ,
Plaintiff,
COMPLAINT
-against-
JORGE LUIS RIVERA,
Defendant.
Plaintiff, by and through his attorney Joshua Brian Irwin, P.C., as and for a Complaint
herein, respectfully sets forth and alleges upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. That at all times hereinafter mentioned, Plaintiff JOSE V. FERNANDEZ was and
still is a resident of the County of Kings, City and State of New York.
2. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA was
and still is a resident of the County of Kings, City and State of New York.
3. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA was
the registrant of the 2012 Chevrolet motor vehicle bearing New York State registration
T765156C.
4. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA was
the owner of the 2012 Chevrolet motor vehicle bearing New York State registration T765156C.
5. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA
operated the 2012 Chevrolet motor vehicle bearing New York State registration T765156C.
6. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA
reañãged the 2012 Chevrolet motor vehicle bearing New York State registration T765156C.
7. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA
maintained the 2012 Chevrolet motor vehicle bearing New York State registration T765156C.
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FILED: KINGS COUNTY CLERK 10/03/2018 11:32 AM INDEX NO. 519845/2018
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8. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA
controlled the 2012 Chevrolet motor vehicle bearing New York State registration T765156C.
9. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA
operated the 2012 Chevrolet motor vehicle bearing New York State registration T765156C
within the course and scope of his employment.
10. That at all times hereinafter mentioned Livonia Avenue and Snediker Avenue, in
the County of Kings, City and State of New York was public thoroughfares.
15*
11. That on the day of June, 2018, on Livonia Avenue near its intersection with
Snediker Avenue in the County of Kings, City and State of New York, Defendant JORGE LUIS
RIVERA operated the 2012 Chevrolet motor vehicle bearing New York State registration
T765156C.
15*
12. That on the day of June, 2018, on Livonia Avenue near itsintersection with
Snediker Avenue in the County of Kings, City and State of New York, Plaintiff JOSE V.
FERNANDEZ operated the 2013 Toyota motor vehicle bearing New York State registration
T512126C.
15th
13. That on the day Of June, 2018, the motor vehicle operated by Defendant
JORGE LUIS RIVERA and the motor vehicle operated by Plaintiff JOSE V. FERNANDEZ
came into contact with each other at the aforementioned location, on Livonia Avenue near its
intersection with Snediker Avenue in the County of Kings, City and State of New York.
14. That by reason of the foregoing, Plaintiff was injured.
15. That the foregoing accident and the resulting injuries to Plaintiff JOSE V.
FERNANDEZ were caused solely by reason of the carelessness, negligence, and wanton and
willful disregard on the part of the defendants and without any negligence on the part of the
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Plaintiff contributing thereto. ..
16. That the within action falls within one or more of the exceptions set forth in
CPLR §1 602.
17. That by reason of the foregoing, Plaintiff JOSE V. FERNANDEZ was severely
injured and damaged, rendered sick, sore, lame, and disabled, sustained severe nervous shock
and mental anguish, great physical pain and emotional upset, some of which injuries are
permanent in nature and duration, and Plaintiff will be pennanently caused to suffer pain,
inconvenience, and other effects of such injuries; Plaintiff incurred in the past and in the future
will necessarily incur further hospital and/or medical expenses in an effort to be cured of said
injuries; and Plaintiff has suffered and/or in the future will necessarily suffer additional loss of
time and earnings from employment; and Plaintiff will be unable to pursue the usual duties with
the same degree of efficiency as prior to this accident, all to Plaintiffs great damage.
18. That as a result of the foregoing, this Plaintiff suffered a serious injury as defined
by §5102(d) of the Insurance Law of the State of New York.
19. That by reason thereof, Plaintiff is entitled to recover for non-economic loss and
loss'
for such economic losses as are not included within the definition of tasic economic as set
forth in §5102(a) of the Insurance Law of the State of New York.
person'
20. That Plaintiff is a 'covered as defined by §5102(j) of the Insurance Law of
the State of New York.
21. That by reason of the foregoing, Plaintiff JOSE V. FERNANDEZ has been
damaged in an amount which exceeds the jurisdictional limitations of any and alllower courts.
AS AND FOR A SECOND CAUSE OF ACTION
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22. Plaintiff JOSE V. FERNANDEZ repeats and realleges each and every allegation
"1" "21"
contained in paragraphs through of the Complaint as if fully set forth at length herein.
FERNANDEZ'
23. By reason of the foregoing, the Plaintiff JOSE V. vehicle was
damaged, thereby necessitating repairs/and or the replacement thereof.
Defendants'
24. Due to negligence, Plaintiff JOSE V. FERNANDEZ is entitled to
damages in sum of $10,000.00.
WHEREFORE, Plaintiff demands:
a. Judgment against the Defendants herein in an amount which exceeds the jurisdictional
limitations of any and all lower Courts, with such amount to be determined upon the trial of this
action, together with the costs and disbursements of this action, and with interest thereon from
the date of this accident;
b. Judgment awarding damages in the sum of $10,000.00 on the second cause of action;
c. Interest, the costs and disbursements of the action, together with such other and further
relief as to this Court seems just and proper.
Dated: Brooklyn, New York
October 1", 2018
Yours, etc.,
Victoria Hovsepfan, Esq.
Joshua Brian Irván, P.C.
Attorney for Plainkf
2171 86 Street, Suite 2
Brooklyn, New York 11214
TEL: (718) 449-7491
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Preview
FILED: KINGS COUNTY CLERK 10/03/2018 11:32 AM INDEX NO. 519845/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: JOSE V. FERNANDEZ, Dated Filed: Plaintiff, SUMMONS -against- Plaintiff designates Kings JORGE LUIS RIVERA, County as the place of trial. Defendant The basis of venue is Situs of the accident To the above named Defendant: YOU ARE HEREBY SUMMONED to answct 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 Plaintiffs attorney(s) within 20 days after the service of this Sununons, exclusive of the day of service (or within 30 days after the service is complete if this 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 October 1", 2018 By Vi oriffHo sepyan, Esq. JOSHUA B IAN IRWIN, P.C. Attorney for Plaintiff 2171 86 Street, Suite 2 Brooklyn, New York 11214 (718)449-7491 TO: JORGE LUIS RIVERA 265 Milford St #1, Brooklyn, NY 11208 1 of 5 FILED: KINGS COUNTY CLERK 10/03/2018 11:32 AM INDEX NO. 519845/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX NO. JOSE V. FERNANDEZ, Plaintiff, COMPLAINT -against- JORGE LUIS RIVERA, Defendant. Plaintiff, by and through his attorney Joshua Brian Irwin, P.C., as and for a Complaint herein, respectfully sets forth and alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. That at all times hereinafter mentioned, Plaintiff JOSE V. FERNANDEZ was and still is a resident of the County of Kings, City and State of New York. 2. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA was and still is a resident of the County of Kings, City and State of New York. 3. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA was the registrant of the 2012 Chevrolet motor vehicle bearing New York State registration T765156C. 4. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA was the owner of the 2012 Chevrolet motor vehicle bearing New York State registration T765156C. 5. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA operated the 2012 Chevrolet motor vehicle bearing New York State registration T765156C. 6. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA reañãged the 2012 Chevrolet motor vehicle bearing New York State registration T765156C. 7. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA maintained the 2012 Chevrolet motor vehicle bearing New York State registration T765156C. 2 of 5 FILED: KINGS COUNTY CLERK 10/03/2018 11:32 AM INDEX NO. 519845/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 8. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA controlled the 2012 Chevrolet motor vehicle bearing New York State registration T765156C. 9. That at all times hereinafter mentioned, Defendant JORGE LUIS RIVERA operated the 2012 Chevrolet motor vehicle bearing New York State registration T765156C within the course and scope of his employment. 10. That at all times hereinafter mentioned Livonia Avenue and Snediker Avenue, in the County of Kings, City and State of New York was public thoroughfares. 15* 11. That on the day of June, 2018, on Livonia Avenue near its intersection with Snediker Avenue in the County of Kings, City and State of New York, Defendant JORGE LUIS RIVERA operated the 2012 Chevrolet motor vehicle bearing New York State registration T765156C. 15* 12. That on the day of June, 2018, on Livonia Avenue near itsintersection with Snediker Avenue in the County of Kings, City and State of New York, Plaintiff JOSE V. FERNANDEZ operated the 2013 Toyota motor vehicle bearing New York State registration T512126C. 15th 13. That on the day Of June, 2018, the motor vehicle operated by Defendant JORGE LUIS RIVERA and the motor vehicle operated by Plaintiff JOSE V. FERNANDEZ came into contact with each other at the aforementioned location, on Livonia Avenue near its intersection with Snediker Avenue in the County of Kings, City and State of New York. 14. That by reason of the foregoing, Plaintiff was injured. 15. That the foregoing accident and the resulting injuries to Plaintiff JOSE V. FERNANDEZ were caused solely by reason of the carelessness, negligence, and wanton and willful disregard on the part of the defendants and without any negligence on the part of the 3 of 5 FILED: KINGS COUNTY CLERK 10/03/2018 11:32 AM INDEX NO. 519845/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 Plaintiff contributing thereto. .. 16. That the within action falls within one or more of the exceptions set forth in CPLR §1 602. 17. That by reason of the foregoing, Plaintiff JOSE V. FERNANDEZ was severely injured and damaged, rendered sick, sore, lame, and disabled, sustained severe nervous shock and mental anguish, great physical pain and emotional upset, some of which injuries are permanent in nature and duration, and Plaintiff will be pennanently caused to suffer pain, inconvenience, and other effects of such injuries; Plaintiff incurred in the past and in the future will necessarily incur further hospital and/or medical expenses in an effort to be cured of said injuries; and Plaintiff has suffered and/or in the future will necessarily suffer additional loss of time and earnings from employment; and Plaintiff will be unable to pursue the usual duties with the same degree of efficiency as prior to this accident, all to Plaintiffs great damage. 18. That as a result of the foregoing, this Plaintiff suffered a serious injury as defined by §5102(d) of the Insurance Law of the State of New York. 19. That by reason thereof, Plaintiff is entitled to recover for non-economic loss and loss' for such economic losses as are not included within the definition of tasic economic as set forth in §5102(a) of the Insurance Law of the State of New York. person' 20. That Plaintiff is a 'covered as defined by §5102(j) of the Insurance Law of the State of New York. 21. That by reason of the foregoing, Plaintiff JOSE V. FERNANDEZ has been damaged in an amount which exceeds the jurisdictional limitations of any and alllower courts. AS AND FOR A SECOND CAUSE OF ACTION 4 of 5 FILED: KINGS COUNTY CLERK 10/03/2018 11:32 AM INDEX NO. 519845/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 22. Plaintiff JOSE V. FERNANDEZ repeats and realleges each and every allegation "1" "21" contained in paragraphs through of the Complaint as if fully set forth at length herein. FERNANDEZ' 23. By reason of the foregoing, the Plaintiff JOSE V. vehicle was damaged, thereby necessitating repairs/and or the replacement thereof. Defendants' 24. Due to negligence, Plaintiff JOSE V. FERNANDEZ is entitled to damages in sum of $10,000.00. WHEREFORE, Plaintiff demands: a. Judgment against the Defendants herein in an amount which exceeds the jurisdictional limitations of any and all lower Courts, with such amount to be determined upon the trial of this action, together with the costs and disbursements of this action, and with interest thereon from the date of this accident; b. Judgment awarding damages in the sum of $10,000.00 on the second cause of action; c. Interest, the costs and disbursements of the action, together with such other and further relief as to this Court seems just and proper. Dated: Brooklyn, New York October 1", 2018 Yours, etc., Victoria Hovsepfan, Esq. Joshua Brian Irván, P.C. Attorney for Plainkf 2171 86 Street, Suite 2 Brooklyn, New York 11214 TEL: (718) 449-7491 5 of 5