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FILED: ORANGE COUNTY CLERK 08/13/2018 07:27 AM INDEX NO. EF008485-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2018
SUPREME COURT OF THE STATE OF NEW YORK Index No.
COUNTY OF ORANGE Date Purchased:
---------------------------------------X
HECTOR J. BATISTA, SUMMONS
Plaintiff, Plaintiff designates
Orange County as the
-against- place of trial.
EDWARD CAPELLAN ROJAS, The basis of venue
designated is:
Defendant. location of accident
---------------------------------------X
Plaintiff's
residence:
84 Lincoln Street
Passaic, New Jersey
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 within twenty days after the service
of this summons, exclusive of the day of service, where service
is made by delivery upon you personally within the state, or,
within 30 days after completion of service where service is made
in any other manner. In case of your failure to appear or
answer, judgment will be taken against you by default for the
relief demanded in the complaint.
Dated: New York, New York
August 9, 2018
MA1K E. SEITELMAN LAW OFFICES, P.C.
Attorneys for Plaintiff
111 Broadway, 9th Floor
New York, New York 10006-1901
(212) 962-2626
TO: EDWARD CAPELLAN ROJAS
105 Quincy Street
Passaic, New Jersey 07055
FiledinOrange Cour y 08/13/2018 07:27:15 AM $0.00 1
Bk: of
51325 Pg: 772 Index: 0 EF008485-2018 Clerk: DB
FILED: ORANGE COUNTY CLERK 08/13/2018 07:27 AM INDEX NO. EF008485-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
______----____________________---------X
HECTOR J. BATISTA,
VERIFIED COMPLAINT
Plaintiff,
-against-
EDWARD CAPELLAN ROJAS,
Defendant.
---------------------------------------X
Plaintiff, by his attorneys, MARK E. SEITELMAN LAW OFFICES,
P.C., complaining of the defendant, respectfully alleges, upon
information and belief:
AS AND FOR A FIRST CAUSE OF ACTION
1. Plaintiff resides at 84 Lincoln Street, Passaic, New
Jersey 07055.
2. Defendant resides at 105 Quincy Street, Passaic, New
Jersey 07055.
3. At all times herein mentioned, defendant was the owner
of a motorcycle with New Jersey license plate number 3PXS5.
4. At all times herein mentioned, defendant operated the
aforementioned motorcycle.
5. At all times herein mentioned, plaintiff was the
operator of a motorcycle with New Jersey license plate number
3MTC1.
6. At all times herein mentioned, Storm King Highway in
the vicinity of Lee Road, Highlands, New York, was a public
roadways and/or thoroughfares.
7. On October 1, 2017, defendant was operating his
motorcycle at the aforementioned location.
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FILED: ORANGE COUNTY CLERK 08/13/2018 07:27 AM INDEX NO. EF008485-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2018
8. On October 1, 2017, plaintiff was operating his
motorcycle at the aforementioned location.
9. On October 1, 2017, the motorcycle owned and operated
by defendant came into contact with the motorcycle operated by
plaintiff at the aforementioned location.
10. As a result of the aforesaid contact, plaintiff was
injured. .
11. The aforesaid occurrence was caused wholly and solely
by reason of the negligence of the defendant without any fault or
negligence on the part of the plaintiff contributing thereto.
12. Defendant was negligent, careless and reckless in the
ownership, operation, management, maintenance, supervision, use
and control of the aforesaid motorcycle under the circumstances
then and there prevailing.
13. By reason of the foregoing, plaintiff sustained severe
and permanent personal injuries and was otherwise damaged.
14. Plaintiff sustained serious injuries as defined by
§5102(d) of the Insurance Law of the State of New York.
15. Plaintiff sustained serious injuries and economic loss
greater than basic economic loss as defined by 55104 of the
Insurance Law of the State of New York.
16. Plaintiff 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 seeking to recover only those damages not
recoverable through no-fault insurance under the facts and
circumstances in this action.
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FILED: ORANGE COUNTY CLERK 08/13/2018 07:27 AM INDEX NO. EF008485-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2018
17, This action falls within one or more of the exceptions
set forth in CPLR §1602.
18. By reason of the foregoing, plaintiff has been damaged
in a sum which exceeds the jurisdictional limits of all lower
courts which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
19. On October 1, 2017, plaintiff owned the aforesaid
motorcycle bearing New Jersey license plate number 3MTC1,
20. As a result of defendant's negligence, plaintiff
sustained property damage to his motor vehicle.
21. As a result, plaintiff has been damaged in an amount to
be determined at trial.
WHEREFORE, plaintiff demands judgment against the defendant
in a sum which exceeds the jurisdictional limits of all lower
courts which would otherwise have jurisdiction on the First Cause
of Action and in an amount to be determined at trial on the
Second Cause of Action, plus an award of interest, costs, and
disbursements.
Dated: New York, New York
August 9, 2018
Yours, etc.,
MARK E. SEITELMAN LAW OFFICES, i P.C.
Attorneys for Plaintiff
111 Broadway, 9th Floor
New York, NY 10006-1901
(212) 962-2626
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FILED: ORANGE COUNTY CLERK 08/13/2018 07:27 AM INDEX NO. EF008485-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2018
ATTORNEY'S VERIFICATION
MARK E. SEITELMAN, an attorney duly admitted to practice
before the Courts of the State of New York, affirms the following
to be true under the penalties of perjury:
I am an attorney at MARK E. SEITELMAN LAW OFFICES, P.C.,
attorneys of record for plaintiff. I have read the annexed
Complaint and know the contents thereof, and the same are true to
my knowledge, except those matters therein which are stated to be
alleged upon information and belief, and as to those matters I
believe them to be true, My belief, as to those matters therein
not stated upon knowledge, is based upon facts, records, and
other pertinent information contained in my files.
The reason this verification is made by me and not
plaintiff (s) is that plaintiff (s) is/are not presently in the
county wherein the attorneys for the plaintiff (s) maintain their
offices.
Dated: New York, New York
August 9, 2018
r
RK E, SEITELMAN
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†FILED: ORANGE COUNTY CLERK 08/13/2018 07:27 AM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2018 SUPREME COURT OF THE STATE OF NEW YORK Index No. COUNTY OF ORANGE Date Purchased: ---------------------------------------X HECTOR J. BATISTA, SUMMONS Plaintiff, Plaintiff designates Orange County as the -against- place of trial. EDWARD CAPELLAN ROJAS, The basis of venue designated is: Defendant. location of accident ---------------------------------------X Plaintiff's residence: 84 Lincoln Street Passaic, New Jersey 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 within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York August 9, 2018 MA1K E. SEITELMAN LAW OFFICES, P.C. Attorneys for Plaintiff 111 Broadway, 9th Floor New York, New York 10006-1901 (212) 962-2626 TO: EDWARD CAPELLAN ROJAS 105 Quincy Street Passaic, New Jersey 07055 FiledinOrange Cour y 08/13/2018 07:27:15 AM $0.00 1 Bk: of 51325 Pg: 772 Index: 0 EF008485-2018 Clerk: DB FILED: ORANGE COUNTY CLERK 08/13/2018 07:27 AM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ______----____________________---------X HECTOR J. BATISTA, VERIFIED COMPLAINT Plaintiff, -against- EDWARD CAPELLAN ROJAS, Defendant. ---------------------------------------X Plaintiff, by his attorneys, MARK E. SEITELMAN LAW OFFICES, P.C., complaining of the defendant, respectfully alleges, upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION 1. Plaintiff resides at 84 Lincoln Street, Passaic, New Jersey 07055. 2. Defendant resides at 105 Quincy Street, Passaic, New Jersey 07055. 3. At all times herein mentioned, defendant was the owner of a motorcycle with New Jersey license plate number 3PXS5. 4. At all times herein mentioned, defendant operated the aforementioned motorcycle. 5. At all times herein mentioned, plaintiff was the operator of a motorcycle with New Jersey license plate number 3MTC1. 6. At all times herein mentioned, Storm King Highway in the vicinity of Lee Road, Highlands, New York, was a public roadways and/or thoroughfares. 7. On October 1, 2017, defendant was operating his motorcycle at the aforementioned location. 2 of 5 FILED: ORANGE COUNTY CLERK 08/13/2018 07:27 AM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2018 8. On October 1, 2017, plaintiff was operating his motorcycle at the aforementioned location. 9. On October 1, 2017, the motorcycle owned and operated by defendant came into contact with the motorcycle operated by plaintiff at the aforementioned location. 10. As a result of the aforesaid contact, plaintiff was injured. . 11. The aforesaid occurrence was caused wholly and solely by reason of the negligence of the defendant without any fault or negligence on the part of the plaintiff contributing thereto. 12. Defendant was negligent, careless and reckless in the ownership, operation, management, maintenance, supervision, use and control of the aforesaid motorcycle under the circumstances then and there prevailing. 13. By reason of the foregoing, plaintiff sustained severe and permanent personal injuries and was otherwise damaged. 14. Plaintiff sustained serious injuries as defined by §5102(d) of the Insurance Law of the State of New York. 15. Plaintiff sustained serious injuries and economic loss greater than basic economic loss as defined by 55104 of the Insurance Law of the State of New York. 16. Plaintiff 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 seeking to recover only those damages not recoverable through no-fault insurance under the facts and circumstances in this action. 3 of 5 FILED: ORANGE COUNTY CLERK 08/13/2018 07:27 AM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2018 17, This action falls within one or more of the exceptions set forth in CPLR §1602. 18. By reason of the foregoing, plaintiff has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION 19. On October 1, 2017, plaintiff owned the aforesaid motorcycle bearing New Jersey license plate number 3MTC1, 20. As a result of defendant's negligence, plaintiff sustained property damage to his motor vehicle. 21. As a result, plaintiff has been damaged in an amount to be determined at trial. WHEREFORE, plaintiff demands judgment against the defendant in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction on the First Cause of Action and in an amount to be determined at trial on the Second Cause of Action, plus an award of interest, costs, and disbursements. Dated: New York, New York August 9, 2018 Yours, etc., MARK E. SEITELMAN LAW OFFICES, i P.C. Attorneys for Plaintiff 111 Broadway, 9th Floor New York, NY 10006-1901 (212) 962-2626 4 of 5 FILED: ORANGE COUNTY CLERK 08/13/2018 07:27 AM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2018 ATTORNEY'S VERIFICATION MARK E. SEITELMAN, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am an attorney at MARK E. SEITELMAN LAW OFFICES, P.C., attorneys of record for plaintiff. I have read the annexed Complaint and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true, My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. The reason this verification is made by me and not plaintiff (s) is that plaintiff (s) is/are not presently in the county wherein the attorneys for the plaintiff (s) maintain their offices. Dated: New York, New York August 9, 2018 r RK E, SEITELMAN 5 of 5