Preview
FILED: ORANGE COUNTY CLERK 07/23/2018 11:29 AM INDEX NO. EF007589-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE Index No.
STEPHANIE F. VERAS, Plaintiff designates Orange
County as the place of Trial.
Plaintiff, The basis of the venue is
Defendant's residence
-against-
8 U M M. O N S
Plaintiff resides at
ERICKA M. GUERRERO, 18 Monroe Street
Newark, NJ 07105
Defendant.
----- ____ __ _..___
To the a ove named Defendant
You are hereby summoned to answer the complaint in this action and to serve a
copy of your answer, or, if the coniplaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons,
exclusive of the day of delivery (or within 30 days after the service is complete ifthis sumrsons
is not personally delivered to you within the State of New York); and in case of your failure to
appear of answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: July 20, 2018
New York, New York
Defenda t's address: Attorney(s) for Plaintiff
ERICKA M. GUERRERO
30 GRANT STREET GO Diff & VIN, PLLC
MIDDLETOWN, NY 10940
by: JULIA RIVIN, ESQ.
225 Broadway, Suite 1015
New York, NY 10007
Filedin Orange County 07/23/2018 11:29:58 AM $0.00 1
Bk: of
51316 Pg: 1879 Index: # EF007589-2018 Clerk: DB
FILED: ORANGE COUNTY CLERK 07/23/2018 11:29 AM INDEX NO. EF007589-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
SUPRE1ŸIE COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
--------- -------------------------------X
STEPHANIE F. VERAS,
Plaintiff,
COMPLAINT
-against- Index #
ERICKA M. GUERRERO,
Defendant.
-----_____ _ -- ..------------------X
Plaintiff, complaining of the defendant by her attorneys, GOLDIN & RIVIN, PLLC, respectfully
shows to this Court and alleges:
AS AND FOR A FIRST CAUSE OF ACTION
1. Upon information and belief, that at all times and places hereinafter
mentioned, the defendant, ERICKA M. OUERRERO, was a resident of the County of Orange,
the City nd State ofNew York.
2. Upon information and belief, that at all times and places hereinafter
mentioned, the defendant, ERICKA M. GUERRERO, was the owner and the operator of a 2007
Toyota motor vehicle bearing New York State Registration number FRS7414 for the year 2015.
3 That on or about November 21, 2015, the plaintifE STEPHANIE F.
VERAS, was the owner and operator of a 2011 Infiniti motor vehicle bearing Massachusetts
State registration number 594YM6 for the year 2015.
4. That at all times and places hereinafter mentioned, I-87 North,
approxiniately ¼ mile south of I-95, in the County of Bronx, the City and State ofNew York was
and still is public highway.
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FILED: ORANGE COUNTY CLERK 07/23/2018 11:29 AM INDEX NO. EF007589-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
5. Upon information and belief, that at all times and places hereinafter
mentioned, the defendant was fully responsible for the proper and prudent operation,
...... . ... ......
.. ...managenicut, maintenance and control of her aforesaid motor vehicle.
6. That on the aforesaid date and at the aforesaid location, the motor vehicle
owned and operated by the defendant, ERICKA M. GUERRERO, was involved in a collision
with the motor vehicle owned and operated by the plaintiff, STEPHANIE F. VERAS.
7. That the said accident occurred solely and wholly by reason of the
carelessness, recklessness and negligence of the defendant, in the ownership, operation,
maintenance, management and control of her aforesaid motor vehicle and without any
negligenÈe on the part of the plaintiff in any manner contributing thereto.
8.i That the negligence of the defendant, ERICKA M. GUERRERO,
consisted of her negligent ownership, maintenance and control of her motor veliicle, in failing to
keep her lotor vehicle under proper control; in operating her motor vehicle in a dangerous and
reckless nanner; in failing to keep a proper lookout; in failing to give wañ1ing of her approach;
in failing to observe the traffic controls and rules of the road, in failing to make proper, timely
and adedhate use of the signal devices, brakes and other safety equipment; in disregarding and
disobeyi g the applicable laws, statutes, ordinañces, rules and regulations governing the
movemeÊt of motor vehicle traffic at the time and place of the occurrence; and in being in all
ways generally careless, reckless and negligent.
9 That as a result thereof the plaintiff, STEPHANIE F. VERAS, was caused
to sustain serious and severe personal injuries.
10 That the plaintiff, STEPHANIE F. VERAS, sustained serious injuries as
defined in Sections 5102 and 5104 of the Insurance Law.
11Ï. That as a result of the negligence of the defendant, as hereinbefore alleged,
the plaintiff, STEPHANIE F. VERAS, was caused to be rendered sick, sore, lame and disabled,
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FILED: ORANGE COUNTY CLERK 07/23/2018 11:29 AM INDEX NO. EF007589-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
and to sustain severe and grievous injuries, both internal and external, and to sustain and still
sustain severe pain, mental anguish and physical and emotional disability.
. - . ................. 12. Upon information and belief, that this action falls within one or more of
the exce tions enunciated in Section 1601 of the New York CPLR.
13. That by reason thereof, the plaintiff, STEPHANIE F. VERAS, is entitled
to recovér non-economic loss and for such economic losses as set forth in Section 5102 of the
insurance Law of the State of New York.
person"
14. That the plaintiff, STEPHANIE F. VERAS, is a "covered as
defined by section 5102 of the Insurance Law of the State of New York.
15. That by reason thereof, the plaintiff, STEPHANIE F. VERAS, has been
seriouslyÏ severely and permanently injured.
HEREFORE, plaintiff demands judgment against the defendant in an amount which
exceeds Ìhe jurisdictional limits of all lower Courts of the State of New York which would
otherwise have jurisdiction in the First Cause of Action on behalf of STEPHANIE F. VERAS;
together ith the costs and disbursements of this action.
DATED New York, New York
July 20, 2018
Yours, etc.,
GOLDIN & R VIN, PLLC
ULIA RIVIN, ESQ
Attorneys for Plaintiff
225 Broadway, Suite 1015
New York, NY 10007
(212) 571-7111
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FILED: ORANGE COUNTY CLERK 07/23/2018 11:29 AM INDEX NO. EF007589-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
STATE OF NEW YORK )
: SS.:
COUNTY OF NEW YORK )
JULIA RIVIN, ESQ., being duly sworn, deposes and says:
That deponent is the attorney for the plaintiff(s) in the action
within; that deponent has read the foregoing SUMMONS AND COMPLAINT
and knows the contents thereof; that the same is true to deponent's
own knowledge except as to the matters therein stated to be alleged
upon information and belief, and as to those matters deponent
believes it to be true and the reason that this verification is not
made by plaintiff(s) and is made by deponent is that plaintiff(s)
is/are not presently in the county where the attorneys for the
plaintiff(s) have their office.
Deponent further says that the source of deponent's information
and the grounds of deponent's belief as to all matters not stated
upon depone t's knowledge are from investigations made on behalf of
said plaintiff(s).
L.. IA RIVIN, ESQ
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FILED: ORANGE COUNTY CLERK 07/23/2018 11:29 AM INDEX NO. EF007589-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
Index No. Year
SUPREME COURT.OF THE STATE OF NEW YORK
COUNTY OF ORANGE
=======-------¬===------==============-========== -----=========
STEPHANIE F. VERAS,
Plaintiff
-against-
ERICKA M. GUERRERO,
-1 Defendant.
======== ------ ------======== .==..==============--------------======
SUMMONS AND VERIFIED COMPLAINT
============== =---------======== -----=================-=------==------
Attorneys for Plaintif(s) LAW OFFICES OF
GOLDIN & RIVIN. P.L.L.C.
225 BROADWAY • SUITE 1o15
.g
New York. NewYork 10007
,3 Tel (212) 571-7111
Fax (212) 220-7212
Fursüüiit to 22 NYCRR 130-1.1,the undersigned, an attorney admitted topractice inthe courts ofNew York State,
les
certif that,upon information and beliefand re-soña! le inquiry,the catætim ccut:!zci in theannexed docmiissit
are not frivolous.
Dated: ..... .,.........
.. Signature. ... ........................
Print Signer's Nan
Service of a copy ofthe tuithin is hereby admitted
Dated:
Attorney(s)for
PLEASE TAKE NOTICE
| thatthe within is a (certified)
true copy of a
entered in the officeofthe clerk of thewithin named Court on
NOTICEOF
ENTRY
thatan Order of which the within is a truecopy will be presentedfor sortromont to the
Hon. one ofthejudges ofthe within named Court,
NOTICEOF a
SETTLEMENTon , at M.
Dated:
LAW OFFICES OF
GOLDIN & R1VIN. RL.L.C.
Attorney for
To:
225 BROADWAY, SUITE 1015
NEW YORK, NEW YORK 10007
TeL (212)571-7111
Attorney(s)for Fax (212) 571-3211
6 of 6
Preview
FILED: ORANGE COUNTY CLERK 07/23/2018 11:29 AM INDEX NO. EF007589-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE Index No. STEPHANIE F. VERAS, Plaintiff designates Orange County as the place of Trial. Plaintiff, The basis of the venue is Defendant's residence -against- 8 U M M. O N S Plaintiff resides at ERICKA M. GUERRERO, 18 Monroe Street Newark, NJ 07105 Defendant. ----- ____ __ _..___ To the a ove named Defendant You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the coniplaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of delivery (or within 30 days after the service is complete ifthis sumrsons is not personally delivered to you within the State of New York); and in case of your failure to appear of answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: July 20, 2018 New York, New York Defenda t's address: Attorney(s) for Plaintiff ERICKA M. GUERRERO 30 GRANT STREET GO Diff & VIN, PLLC MIDDLETOWN, NY 10940 by: JULIA RIVIN, ESQ. 225 Broadway, Suite 1015 New York, NY 10007 Filedin Orange County 07/23/2018 11:29:58 AM $0.00 1 Bk: of 51316 Pg: 1879 Index: # EF007589-2018 Clerk: DB FILED: ORANGE COUNTY CLERK 07/23/2018 11:29 AM INDEX NO. EF007589-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 SUPRE1ŸIE COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE --------- -------------------------------X STEPHANIE F. VERAS, Plaintiff, COMPLAINT -against- Index # ERICKA M. GUERRERO, Defendant. -----_____ _ -- ..------------------X Plaintiff, complaining of the defendant by her attorneys, GOLDIN & RIVIN, PLLC, respectfully shows to this Court and alleges: AS AND FOR A FIRST CAUSE OF ACTION 1. Upon information and belief, that at all times and places hereinafter mentioned, the defendant, ERICKA M. OUERRERO, was a resident of the County of Orange, the City nd State ofNew York. 2. Upon information and belief, that at all times and places hereinafter mentioned, the defendant, ERICKA M. GUERRERO, was the owner and the operator of a 2007 Toyota motor vehicle bearing New York State Registration number FRS7414 for the year 2015. 3 That on or about November 21, 2015, the plaintifE STEPHANIE F. VERAS, was the owner and operator of a 2011 Infiniti motor vehicle bearing Massachusetts State registration number 594YM6 for the year 2015. 4. That at all times and places hereinafter mentioned, I-87 North, approxiniately ¼ mile south of I-95, in the County of Bronx, the City and State ofNew York was and still is public highway. 2 of 6 FILED: ORANGE COUNTY CLERK 07/23/2018 11:29 AM INDEX NO. EF007589-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 5. Upon information and belief, that at all times and places hereinafter mentioned, the defendant was fully responsible for the proper and prudent operation, ...... . ... ...... .. ...managenicut, maintenance and control of her aforesaid motor vehicle. 6. That on the aforesaid date and at the aforesaid location, the motor vehicle owned and operated by the defendant, ERICKA M. GUERRERO, was involved in a collision with the motor vehicle owned and operated by the plaintiff, STEPHANIE F. VERAS. 7. That the said accident occurred solely and wholly by reason of the carelessness, recklessness and negligence of the defendant, in the ownership, operation, maintenance, management and control of her aforesaid motor vehicle and without any negligenÈe on the part of the plaintiff in any manner contributing thereto. 8.i That the negligence of the defendant, ERICKA M. GUERRERO, consisted of her negligent ownership, maintenance and control of her motor veliicle, in failing to keep her lotor vehicle under proper control; in operating her motor vehicle in a dangerous and reckless nanner; in failing to keep a proper lookout; in failing to give wañ1ing of her approach; in failing to observe the traffic controls and rules of the road, in failing to make proper, timely and adedhate use of the signal devices, brakes and other safety equipment; in disregarding and disobeyi g the applicable laws, statutes, ordinañces, rules and regulations governing the movemeÊt of motor vehicle traffic at the time and place of the occurrence; and in being in all ways generally careless, reckless and negligent. 9 That as a result thereof the plaintiff, STEPHANIE F. VERAS, was caused to sustain serious and severe personal injuries. 10 That the plaintiff, STEPHANIE F. VERAS, sustained serious injuries as defined in Sections 5102 and 5104 of the Insurance Law. 11Ï. That as a result of the negligence of the defendant, as hereinbefore alleged, the plaintiff, STEPHANIE F. VERAS, was caused to be rendered sick, sore, lame and disabled, 3 of 6 FILED: ORANGE COUNTY CLERK 07/23/2018 11:29 AM INDEX NO. EF007589-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 and to sustain severe and grievous injuries, both internal and external, and to sustain and still sustain severe pain, mental anguish and physical and emotional disability. . - . ................. 12. Upon information and belief, that this action falls within one or more of the exce tions enunciated in Section 1601 of the New York CPLR. 13. That by reason thereof, the plaintiff, STEPHANIE F. VERAS, is entitled to recovér non-economic loss and for such economic losses as set forth in Section 5102 of the insurance Law of the State of New York. person" 14. That the plaintiff, STEPHANIE F. VERAS, is a "covered as defined by section 5102 of the Insurance Law of the State of New York. 15. That by reason thereof, the plaintiff, STEPHANIE F. VERAS, has been seriouslyÏ severely and permanently injured. HEREFORE, plaintiff demands judgment against the defendant in an amount which exceeds Ìhe jurisdictional limits of all lower Courts of the State of New York which would otherwise have jurisdiction in the First Cause of Action on behalf of STEPHANIE F. VERAS; together ith the costs and disbursements of this action. DATED New York, New York July 20, 2018 Yours, etc., GOLDIN & R VIN, PLLC ULIA RIVIN, ESQ Attorneys for Plaintiff 225 Broadway, Suite 1015 New York, NY 10007 (212) 571-7111 4 of 6 FILED: ORANGE COUNTY CLERK 07/23/2018 11:29 AM INDEX NO. EF007589-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 STATE OF NEW YORK ) : SS.: COUNTY OF NEW YORK ) JULIA RIVIN, ESQ., being duly sworn, deposes and says: That deponent is the attorney for the plaintiff(s) in the action within; that deponent has read the foregoing SUMMONS AND COMPLAINT and knows the contents thereof; that the same is true to deponent's own knowledge except as to the matters therein stated to be alleged upon information and belief, and as to those matters deponent believes it to be true and the reason that this verification is not made by plaintiff(s) and is made by deponent is that plaintiff(s) is/are not presently in the county where the attorneys for the plaintiff(s) have their office. Deponent further says that the source of deponent's information and the grounds of deponent's belief as to all matters not stated upon depone t's knowledge are from investigations made on behalf of said plaintiff(s). L.. IA RIVIN, ESQ 5 of 6 FILED: ORANGE COUNTY CLERK 07/23/2018 11:29 AM INDEX NO. EF007589-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 Index No. Year SUPREME COURT.OF THE STATE OF NEW YORK COUNTY OF ORANGE =======-------¬===------==============-========== -----========= STEPHANIE F. VERAS, Plaintiff -against- ERICKA M. GUERRERO, -1 Defendant. ======== ------ ------======== .==..==============--------------====== SUMMONS AND VERIFIED COMPLAINT ============== =---------======== -----=================-=------==------ Attorneys for Plaintif(s) LAW OFFICES OF GOLDIN & RIVIN. P.L.L.C. 225 BROADWAY • SUITE 1o15 .g New York. NewYork 10007 ,3 Tel (212) 571-7111 Fax (212) 220-7212 Fursüüiit to 22 NYCRR 130-1.1,the undersigned, an attorney admitted topractice inthe courts ofNew York State, les certif that,upon information and beliefand re-soña! le inquiry,the catætim ccut:!zci in theannexed docmiissit are not frivolous. Dated: ..... .,......... .. Signature. ... ........................ Print Signer's Nan Service of a copy ofthe tuithin is hereby admitted Dated: Attorney(s)for PLEASE TAKE NOTICE | thatthe within is a (certified) true copy of a entered in the officeofthe clerk of thewithin named Court on NOTICEOF ENTRY thatan Order of which the within is a truecopy will be presentedfor sortromont to the Hon. one ofthejudges ofthe within named Court, NOTICEOF a SETTLEMENTon , at M. Dated: LAW OFFICES OF GOLDIN & R1VIN. RL.L.C. Attorney for To: 225 BROADWAY, SUITE 1015 NEW YORK, NEW YORK 10007 TeL (212)571-7111 Attorney(s)for Fax (212) 571-3211 6 of 6