Preview
FILED: ERIE COUNTY CLERK 04/23/2018 09:56 PM INDEX NO. 806368/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
CRYSTAL DAVERN SUMMONS
8 Deepwood Court
Depew, New York 14043, IMMEDIATELY TURN THESE
PAPERS OVER TO YOUR
CYNTHIA MlETH INSURANCE REPRESENTATIVE.
8 Deepwood Court YOUR FAILURE TO DO THIS
Depew, New York 14043, MAY SUBJECT YOU TO PERSONAL
Plaintiffs, FINANCIAL RESPONSIBIILTY IN
THIS MATTER.
-vs-
ARLENE STAMER
26 Puritan Place Index No.:
Orchard Park, New York 14127, . Date Filed:
Defendant.
TO THE ABOVENAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to Answer the Complaint in this action, and to serve a copy
of your Answer, or, ifthe Summons is not served with a Complaint, to serve a Notice of Appearance, on the
Plaintiffs'
attorneys within 20 days after the service of this Summons, exclusive of the day of service, or
within.30 days after completion of service where service is made in any other manner than by personal
delivery within the State. In case of your failure to appear or Answer, Judgment will be taken against you by
default for the reliefdemanded in the Complaint.
Plaintiffs'
COMPLAINT ENDORSEMENT:That Complaint against you is in the amount of: see
Plaintiffs'
WHEREFORE clauses of Complaint, together with the costs of this action based on a cause of
action for negligence and others.
Erie County is designated as the place of trialon the basis of residence of Plaintiffs whom reside in
Depew, New York.
DATED: April 23,2018
Buffalo, New York.
Josep1 C. Todøro, Esq.
SfADAFORÁ & VERRASTRO, LLP
ttorneysfor Plaintiffs
2 Symppóny Circle
Buffakf, New York 14201-1340
@854-11 11
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FILED: ERIE COUNTY CLERK 04/23/2018 09:56 PM INDEX NO. 806368/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
CRYSTAL DAVERN,
CYNTHIA MIETH, COMPLAINT
Plaintiffs, Index No.:
- vs - Date Filed:
ARLENE STAMER,
Defendant.
The Plaintiffs, CRYSTAL DAVERN and CYNTHIA MIETH, for their causes of action
against the Defendant, above referred, herein alleges:
1. That each and every cause of action set forth herein falls within one or more of
the exceptions set forth in CPLR 1602.
2. That the Plaintiffs, CRYSTAL DAVERN and CYNTHIA MIETH, hereinafter
"DAVERN" "MIETH"
referred to as and respectively, were and continue to be residents of the
County of Erie and State of New York.
3. That on or about April 24, 2015, the Defendant, ARLENE STAMER,
hereinafter referred to as "Defendant", was and continues to be a resident of the County of Erie and
State of New York.
4. That on or about April 24, 2015, Plaintiff, DAVERN, was legally and lawfully
operating her motor vehicle, wherein Plaintiff, MIETH, was a passenger, on Transit Road in the
Town of Lancaster, County of Erie and State of New York.
5. That Transit Road in the Town of Lancaster, County of Erie and State of New
York, was a public street, highway and/or thoroughfare, utilized by said residents of the Town of
Lancaster, County of Erie and State of New York, and others, for the purpose of vehicular
transportation.
6. That on or about April 24, 2015, the Defendant was the owner and/or registrant
and/or operator of a motor vehicle.
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7. That on or about April 24, 2015, the Plaintiff, DAVERN, was the operator of a
motor vehicle bearing New York State License Registration for the year 2015.
8. That on or about April 24, 2015, the Defendant was the owner and/or operator
of a motor vehicle bearing New York State License Registration for the year 2015.
9. That on or about April 24, 2015, the Defendant was operating a motor vehicle
registered in her own name.
10. That on or about April 24, 2015, the Defendant, negligently, carelessly and/or
with reckless disregard for the safety of others, operated her motor vehicle on, over and along
Transit Road so as to cause and/or allow the same to strike, make contact with and collide with the
automobile Plaintiff, DAVERN, was operating and wherein Plaintiff, MIETH, was a passenger,
which were substantial factors and proximate cause which resulted in the crash and collision and
injuries sustained by the Plaintiffs.
11. That on or about April 24, 2015, presently and/or at all times hereinafter
mentioned, Defendant, provided license and registration information, to the police officer
investigating the crash that identified her as ARLENE J. STAMER with a home address of 26
Puritan Pl., Orchard Park, New York 14127.
12. That the aforesaid crash and collision was caused wholly and solely as a result
of the negligent, careless and/or reckless disregard for the safety of others in which the Defendant
operated, maintained, managed and/or controlled her motor vehicle and/or the negligent, careless
and/or reckless disregard for the safety of others in which the Defendant maintained and/or serviced
and/or inspected said motor vehicle which were substantial factors and a proximate cause which
resulted in the crash and collision and injuries sustained by the Plaintiffs.
13. That the aforesaid crash and collision was caused through no fault of the
Plaintiffs in any respect.
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14. Plaintiffs are not seeking reimbursement for plan expenses otherwise covered
which would be precluded and/or subject to the provisions of New York GOL 5-
by insurance, by
Plaintiffs'
335, or any other applicable provisions of New York State Law, Rule or Regulation. claim
does not seek recovery in connection with any potential subrogation rights of any plans, individuals,
corporations, insurance carriers or other entities, which would be precluded by and/or subject to the
provisions of New York GOL 5-335, or any other applicable provisions of New York State Law,
Rule or Regulation.
15. That wholly and solely as a result of the negligent, careless and/or reckless
conduct, acts and/or omissions, of the Defendant, Plaintiffs have been caused to suffer and sustain
injuries"
"serious as the same are defined in 5102 (d) of the Insurance Law of the State of New
York, as amended, has sustained non-economic loss as defined in 5102 (c) of the Insurance Law of
the State of New York, as amended; has been caused to suffer and sustain personal injuries; shock to
the nerves and/or nervous systems; depression and emotional upset; in to and about the body, some
and/or all of which are permanent in nature; and has been or may be caused to suffer loss in excess
of basic economic loss, as defined in 5102 (a) of the Insurance Law of the State of New York, as
Plaintiffs'
amended, all to damage in an amount which exceeds the jurisdictional limits of all courts
lower than Supreme Court.
AS AND FOR A SECOND CAUSE OF ACTION, PLAINTIFFS ALLEGE:
16. That the Plaintiffs repeat and re-allege each and every allegation contained in
"l"
paragraphs marked through "15", inclusive, of this Complaint, as if herein fully set forth and
fully re-alleged.
17. That on or about April 24, 2015, Defendant, was operating her motor vehicle in
a negligent and careless manner, and/or with reckless disregard for the safety of others, and/or in
violation of the Vehicle and Traffic Laws of the State of New York, and her acts and/or omissions,
were a substantial and/or proximate cause of the crash and/or collision, and injuries sustained by the
Plaintiffs.
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18. That the aforesaid crash and collision was caused wholly and solely as a result
of the negligent, careless and/or reckless disregard for the safety of others in which the Defendant
operated, maintained, managed and/or controlled said motor vehicle and/or the negligent, careless
and/or reckless disregard for the safety of others in which the Defendant maintained, serviced,
inspected, said motor vehicle, and/or in violation of the Vehicle and Traffic Laws of the State of
New York, which were substantial factors and a proximate cause which resulted in the crash and
collision and injuries sustained by the Plaintiffs.
19. That the accident and injuries sustained by Plaintiffs were caused wholly and
solely by the negligent, careless and/or reckless conduct, acts and/or omissions of the Defendant.
20. Plaintiffs are not seeking reimbursement for plan expenses otherwise covered
which would be precluded and/or subject to the provisions of New York GOL 5-
by insurance, by
Plaintiffs'
335, or any other applicable provisions of New York State Law, Rule or Regulation. claim
does not seek recovery in connection with any potential subrogation rights of any plans, individuals,
corporations, insurance carriers or other entities, which would be precluded by and/or subject to the
provisions of New York GOL 5-335, or any other applicable provisions of New York State Law,
Rule or Regulation.
21. That wholly and solely as a result of the negligent, careless and/or reckless
conduct, acts and/or omissions, of Defendant, Plaintiffs have been caused to suffer and sustain
injuries"
"serious as the same are defined in 5102 (d) of the Insurance Law of the State of New
York, as amended, has sustained non-economic loss as defined in 5102 (c) of the Insurance Law of
the State of New York, as amended; has been caused to suffer and sustain personal injuries; shock to
the nerves and/or nervous systems; depression and emotional upset; in to and about the body, some
and/or all of which are permanent in nature; and has been or may be caused to suffer loss in excess
of basic economic loss, as defined in 5102 (a) of the Insurance Law of the State of New York, as
Plaintiffs'
amended, all to damage in an amount which exceeds the jurisdictional limits of all courts
lower than Supreme Court.
WHEREFORE, the Plaintiffs, CRYSTAL DAVERN and CYNTHIA MIETH,
Plaintiffs'
demand Judgment on causes of action against the Defendant in an amount that exceeds
the jurisdictional limits of all courts lower than Supreme Court.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018
WHEREFORE, the Plaintiffs, CRYSTAL DA YERN and CYNTHIA MIETH,
demand judgment as against the Defendant for any and all damages allowed by statute and case law;
for such other and further relief as this Court may deem just and proper; together with the costs,
attorney's fees and disbursements of said action.
DATED: April 23, 2018
Buffalo, New York.
Joseph +Todoro, Esq.
SPQ AFORA & VERRASTRO, LLP
Preview
FILED: ERIE COUNTY CLERK 04/23/2018 09:56 PM INDEX NO. 806368/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE CRYSTAL DAVERN SUMMONS 8 Deepwood Court Depew, New York 14043, IMMEDIATELY TURN THESE PAPERS OVER TO YOUR CYNTHIA MlETH INSURANCE REPRESENTATIVE. 8 Deepwood Court YOUR FAILURE TO DO THIS Depew, New York 14043, MAY SUBJECT YOU TO PERSONAL Plaintiffs, FINANCIAL RESPONSIBIILTY IN THIS MATTER. -vs- ARLENE STAMER 26 Puritan Place Index No.: Orchard Park, New York 14127, . Date Filed: Defendant. TO THE ABOVENAMED DEFENDANT: YOU ARE HEREBY SUMMONED to Answer the Complaint in this action, and to serve a copy of your Answer, or, ifthe Summons is not served with a Complaint, to serve a Notice of Appearance, on the Plaintiffs' attorneys within 20 days after the service of this Summons, exclusive of the day of service, or within.30 days after completion of service where service is made in any other manner than by personal delivery within the State. In case of your failure to appear or Answer, Judgment will be taken against you by default for the reliefdemanded in the Complaint. Plaintiffs' COMPLAINT ENDORSEMENT:That Complaint against you is in the amount of: see Plaintiffs' WHEREFORE clauses of Complaint, together with the costs of this action based on a cause of action for negligence and others. Erie County is designated as the place of trialon the basis of residence of Plaintiffs whom reside in Depew, New York. DATED: April 23,2018 Buffalo, New York. Josep1 C. Todøro, Esq. SfADAFORÁ & VERRASTRO, LLP ttorneysfor Plaintiffs 2 Symppóny Circle Buffakf, New York 14201-1340 @854-11 11 1 of 6 FILED: ERIE COUNTY CLERK 04/23/2018 09:56 PM INDEX NO. 806368/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE CRYSTAL DAVERN, CYNTHIA MIETH, COMPLAINT Plaintiffs, Index No.: - vs - Date Filed: ARLENE STAMER, Defendant. The Plaintiffs, CRYSTAL DAVERN and CYNTHIA MIETH, for their causes of action against the Defendant, above referred, herein alleges: 1. That each and every cause of action set forth herein falls within one or more of the exceptions set forth in CPLR 1602. 2. That the Plaintiffs, CRYSTAL DAVERN and CYNTHIA MIETH, hereinafter "DAVERN" "MIETH" referred to as and respectively, were and continue to be residents of the County of Erie and State of New York. 3. That on or about April 24, 2015, the Defendant, ARLENE STAMER, hereinafter referred to as "Defendant", was and continues to be a resident of the County of Erie and State of New York. 4. That on or about April 24, 2015, Plaintiff, DAVERN, was legally and lawfully operating her motor vehicle, wherein Plaintiff, MIETH, was a passenger, on Transit Road in the Town of Lancaster, County of Erie and State of New York. 5. That Transit Road in the Town of Lancaster, County of Erie and State of New York, was a public street, highway and/or thoroughfare, utilized by said residents of the Town of Lancaster, County of Erie and State of New York, and others, for the purpose of vehicular transportation. 6. That on or about April 24, 2015, the Defendant was the owner and/or registrant and/or operator of a motor vehicle. 2 of 6 FILED: ERIE COUNTY CLERK 04/23/2018 09:56 PM INDEX NO. 806368/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018 7. That on or about April 24, 2015, the Plaintiff, DAVERN, was the operator of a motor vehicle bearing New York State License Registration for the year 2015. 8. That on or about April 24, 2015, the Defendant was the owner and/or operator of a motor vehicle bearing New York State License Registration for the year 2015. 9. That on or about April 24, 2015, the Defendant was operating a motor vehicle registered in her own name. 10. That on or about April 24, 2015, the Defendant, negligently, carelessly and/or with reckless disregard for the safety of others, operated her motor vehicle on, over and along Transit Road so as to cause and/or allow the same to strike, make contact with and collide with the automobile Plaintiff, DAVERN, was operating and wherein Plaintiff, MIETH, was a passenger, which were substantial factors and proximate cause which resulted in the crash and collision and injuries sustained by the Plaintiffs. 11. That on or about April 24, 2015, presently and/or at all times hereinafter mentioned, Defendant, provided license and registration information, to the police officer investigating the crash that identified her as ARLENE J. STAMER with a home address of 26 Puritan Pl., Orchard Park, New York 14127. 12. That the aforesaid crash and collision was caused wholly and solely as a result of the negligent, careless and/or reckless disregard for the safety of others in which the Defendant operated, maintained, managed and/or controlled her motor vehicle and/or the negligent, careless and/or reckless disregard for the safety of others in which the Defendant maintained and/or serviced and/or inspected said motor vehicle which were substantial factors and a proximate cause which resulted in the crash and collision and injuries sustained by the Plaintiffs. 13. That the aforesaid crash and collision was caused through no fault of the Plaintiffs in any respect. 3 of 6 FILED: ERIE COUNTY CLERK 04/23/2018 09:56 PM INDEX NO. 806368/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018 14. Plaintiffs are not seeking reimbursement for plan expenses otherwise covered which would be precluded and/or subject to the provisions of New York GOL 5- by insurance, by Plaintiffs' 335, or any other applicable provisions of New York State Law, Rule or Regulation. claim does not seek recovery in connection with any potential subrogation rights of any plans, individuals, corporations, insurance carriers or other entities, which would be precluded by and/or subject to the provisions of New York GOL 5-335, or any other applicable provisions of New York State Law, Rule or Regulation. 15. That wholly and solely as a result of the negligent, careless and/or reckless conduct, acts and/or omissions, of the Defendant, Plaintiffs have been caused to suffer and sustain injuries" "serious as the same are defined in 5102 (d) of the Insurance Law of the State of New York, as amended, has sustained non-economic loss as defined in 5102 (c) of the Insurance Law of the State of New York, as amended; has been caused to suffer and sustain personal injuries; shock to the nerves and/or nervous systems; depression and emotional upset; in to and about the body, some and/or all of which are permanent in nature; and has been or may be caused to suffer loss in excess of basic economic loss, as defined in 5102 (a) of the Insurance Law of the State of New York, as Plaintiffs' amended, all to damage in an amount which exceeds the jurisdictional limits of all courts lower than Supreme Court. AS AND FOR A SECOND CAUSE OF ACTION, PLAINTIFFS ALLEGE: 16. That the Plaintiffs repeat and re-allege each and every allegation contained in "l" paragraphs marked through "15", inclusive, of this Complaint, as if herein fully set forth and fully re-alleged. 17. That on or about April 24, 2015, Defendant, was operating her motor vehicle in a negligent and careless manner, and/or with reckless disregard for the safety of others, and/or in violation of the Vehicle and Traffic Laws of the State of New York, and her acts and/or omissions, were a substantial and/or proximate cause of the crash and/or collision, and injuries sustained by the Plaintiffs. 4 of 6 FILED: ERIE COUNTY CLERK 04/23/2018 09:56 PM INDEX NO. 806368/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018 18. That the aforesaid crash and collision was caused wholly and solely as a result of the negligent, careless and/or reckless disregard for the safety of others in which the Defendant operated, maintained, managed and/or controlled said motor vehicle and/or the negligent, careless and/or reckless disregard for the safety of others in which the Defendant maintained, serviced, inspected, said motor vehicle, and/or in violation of the Vehicle and Traffic Laws of the State of New York, which were substantial factors and a proximate cause which resulted in the crash and collision and injuries sustained by the Plaintiffs. 19. That the accident and injuries sustained by Plaintiffs were caused wholly and solely by the negligent, careless and/or reckless conduct, acts and/or omissions of the Defendant. 20. Plaintiffs are not seeking reimbursement for plan expenses otherwise covered which would be precluded and/or subject to the provisions of New York GOL 5- by insurance, by Plaintiffs' 335, or any other applicable provisions of New York State Law, Rule or Regulation. claim does not seek recovery in connection with any potential subrogation rights of any plans, individuals, corporations, insurance carriers or other entities, which would be precluded by and/or subject to the provisions of New York GOL 5-335, or any other applicable provisions of New York State Law, Rule or Regulation. 21. That wholly and solely as a result of the negligent, careless and/or reckless conduct, acts and/or omissions, of Defendant, Plaintiffs have been caused to suffer and sustain injuries" "serious as the same are defined in 5102 (d) of the Insurance Law of the State of New York, as amended, has sustained non-economic loss as defined in 5102 (c) of the Insurance Law of the State of New York, as amended; has been caused to suffer and sustain personal injuries; shock to the nerves and/or nervous systems; depression and emotional upset; in to and about the body, some and/or all of which are permanent in nature; and has been or may be caused to suffer loss in excess of basic economic loss, as defined in 5102 (a) of the Insurance Law of the State of New York, as Plaintiffs' amended, all to damage in an amount which exceeds the jurisdictional limits of all courts lower than Supreme Court. WHEREFORE, the Plaintiffs, CRYSTAL DAVERN and CYNTHIA MIETH, Plaintiffs' demand Judgment on causes of action against the Defendant in an amount that exceeds the jurisdictional limits of all courts lower than Supreme Court. 5 of 6 FILED: ERIE COUNTY CLERK 04/23/2018 09:56 PM INDEX NO. 806368/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018 WHEREFORE, the Plaintiffs, CRYSTAL DA YERN and CYNTHIA MIETH, demand judgment as against the Defendant for any and all damages allowed by statute and case law; for such other and further relief as this Court may deem just and proper; together with the costs, attorney's fees and disbursements of said action. DATED: April 23, 2018 Buffalo, New York. Joseph +Todoro, Esq. SPQ AFORA & VERRASTRO, LLP