Preview
FILED: NEW YORK COUNTY CLERK 05/08/2024 03:35 PM INDEX NO. 154270/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------X INDEX NO.:
RONY DE JESUS CRUZ COLLADO,
FILING DATE:
Plaintiff, SUMMONS
Plaintiff Designates
-against- New York as the
County
Place of Trial
The Basis of Venue is
VITO LAURINO, Plaintiff's Address
Plaintiff resides at:
Defendant. 50 Gouverneur Street, Apt 5C
New York, New York 10002
________-----__----_____________________________-_________________Ç
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 Attorney 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 this summons is
not personally delivered to you within the State of New York); and 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: Melville, New York
May 7, 2024
Defendant's address:
VITO LAURINO
445 STOBE AVENUE
STATEN ISLAND, NY 10306
BY: JONATFI N J. SARDELLI, ESQ.
BRAGOLI & ASSOCIATES, P.C.
Attorneys for Plaintiff
RONY DE JESUS CRUZ COLLADO
300 Broadhollow Road, Suite 100W
Melville, New York 11747
(631) 423-7755
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------X Index No.:
RONY DE JESUS CRUZ COLLADO,
Filing date:
Plaintiff,
VERIFIED
-against- COMPLAINT
VITO LAURINO,
Defendant.
--------------___-------------------------------------------------------X
PLAINTIFF, by his attorneys, BRAGOLI & ASSOCIATES, P.C., complains of the
Defendant and alleges, upon information and belief, the following:
1. That at all times hereinafter mentioned, Plaintiff, RONY DE JESUS CRUZ
COLLADO, was and still is a resident of the City and State of New York.
2. That at all times hereinafter mentioned, Plaintiff, RONY DE JESUS CRUZ
COLLADO, maintained a residence at 50 Gouverneur Street, Apartment 5C, New York, New
York 10002.
3. That at all times hereinafter mentioned, Defendant, VITO LAURINO, was and
still is a resident of the State of New York.
4. That at all times hereinafter mentioned, Defendant, VITO LAURINO, was the
registrant owner of a certain motor vehicle bearing New York State License Plate Number
606956.
5. That at all times hereinafter mentioned, Defendant, VITO LAURINO, was
operating a certain motor vehicle bearing a New York State License Plate 606956.
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6. That at all times hereinafter mentioned, Defendant, VITO LAURINO, had the
duty and/or assumed the duty to properly own, control, manage, maintain, operate, inspect,
supervise and repair the aforesaid motor vehicle bearing plate number 606956.
7. That at all times hereinafter mentioned, Defendant, VITO LAURINO, breached
his duty to properly own, control, manage, maintain, operate, inspect, supervise and repair the
aforesaid motor vehicle bearing plate number 606956.
2nd
8. That at all times hereinafter mentioned, Avenue at or near its intersection with
38*
East Street, in the City and State of New York was and is a public roadway in common
usage.
9. That on or about December 14, 2023, Plaintiff, RONY DE JESUS CRUZ
2"d
COLLADO, was a bicyclist and was lawfully traveling in the bike lane on Avenue at or near
38*
its intersection with East Street, in the City and State of New York.
10. That on or about December 14, 2023, the aforesaid motor vehicle owned and
operated by Defendant, VITO LAURINO, was involved in an accident.
11. That on or about December 14, 2023, Plaintiff, RONY DE JESUS CRUZ
COLLADO's bicycle/person was struck by the aforesaid motor vehicle owned and operated by
Defendant, VITO LAURINO, forcefully precipitating him to the ground, and causing severe
personal and injuries.
12. That on or about December 14, 2023, the aforesaid motor vehicle owned and
operated by Defendant, VITO LAURINO, came into violent contact and collision with the
bicycle/person of Plaintiff, RONY DE JESUS CRUZ COLLADO.
13. That on or about December 14, 2023, the aforesaid motor vehicle owned and
operated by Defendant, VITO LAURINO, came into violent contact and collision with the
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2nd
bicycle/person of Plaintiff, RONY DE JESUS CRUZ COLLADO, on Avenue at or near its
3882
intersection with East Street, in the City and State of New York.
14. That as a result of the foregoing, Plaintiff, RONY DE JESUS CRUZ
COLLADO, sustained certain severe personal injuries.
15. That the aforesaid collision and the injuries sustained by Plaintiff, RONY DE
JESUS CRUZ COLLADO, was caused solely by reason of the negligence of the Defendant,
and without any negligence or fault on the part of the Plaintiff contributing thereto.
16. That Defendant, VITO LAURINO, was reckless, careless and negligent in the
ownership, operation, management, maintenance, inspection, supervision, repair and control of
his motor vehicle; in failing to look, in failing to see, in failing to be observant of the
surrounding circumstances; in operating the motor vehicle at a greater rate of speed than care
and caution would permit under the circumstances; in causing, allowing and permitting said
motor vehicle to strike and come in contact with a bicyclist; in failing to take due and proper
notice of the presence of others on the premises; in failing to make prompt, proper and timely
use of the steering and braking mechanisms of the motor vehicle; in failing to yield the right of
way; in failing to proceed in a safe and proper manner; in failing to maintain the braking and
steering mechanisms of the motor vehicle in proper adequate condition and/or repair; in failing to
give any signal, sound or warning of the approach of the motor vehicle; in failing to exercise
due care and caution in the operation and control of the motor vehicle so as to have avoided this
accident and the injuries to the Plaintiff herein; in violating rules of the road, statutes, ordinances
and/or regulations; and Defendant was otherwise reckless, negligent and careless in the
operation, ownership, management, maintenance, inspection, supervision, repair and control of
the aforementioned motor vehicle.
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17. That as a result of the foregoing, Plaintiff, RONY DE RSUS CRUZ
COLLADO, suffered a serious injury as defined in Section 5102(d) of the Insurance Law of the
State of New York.
18. That as a result of the foregoing, Plaintiff, RONY DE JESUS CRUZ
COLLADO, sustained serious, severe and permanent personal injuries and was rendered sick,
sore, lame, and disabled; Plaintiff, RONY DE JESUS CRUZ COLLADO, was caused to
suffer great physical pain, discomfort, and disability and will continue to suffer pain, discomfort,
and disability in the future; Plaintiff, RONY DE JESUS CRUZ COLLADO, was caused to
undergo hospital and medical care, aid, and treatment, and may continue to undergo medical
care, aid and treatment for a long period of time to come in the future; Plaintiff, RONY DE
JESUS CRUZ COLLADO, incurred large sums of expenses for medical care, aid, and attention
and may continue to incur large sums of expenses for future medical care, aid, and attention;
Plaintiff, RONY DE JESUS CRUZ COLLADO, was further caused to become incapacitated
from and hindered in the progress of his usual pursuits, duties, and activities and may continue to
be hindered in his pursuits, duties, and activities for a long period of time to come in the future.
19. That as a result of the foregoing, Plaintiff, RONY DE JESUS CRUZ
COLLADO, has been damaged in an amount which exceeds the jurisdictional limits of all lower
courts which would otherwise have jurisdiction.
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WHEREFORE, Plaintiff, RONY DE JESUS CRUZ COLLADO, demands judgment
against Defendant, VITO LAURINO, in an amount which exceeds the jurisdictional limits of all
lower courts which would otherwise have jurisdiction.
Dated: Melville, New York
May 7, 2024
Yours etc.,
BY: JONATHANÓARDELLI, ESQ.
BRAGOLI & ASSOCIATES, P.C.
Attorneys for Plaintiff
RONY DE JESUS CRUZ COLLADO
300 Broadhollow Road, Suite 100W
Melville, New York 11747
(631) 423-7755
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ATTORNEY'S VERIFICATION
The undersigned, an attorney duly admitted and licensed to practice in the Courts of the
State of New York, hereby affirms the following to be true under the penalties of perjury:
I am the attorney for the Plaintiff, RONY DE JESUS CRUZ COLLADO, in the within
action; that the undersigned has read the foregoing VERIFIED COMPLAINT and knows the
contents thereof; that the same is true to affirmant's own knowledge, except as to those matters
alleged to be true upon information and belief, and as to those affirmant believe them to be true.
The undersigned further states that the reason this verification is made by the undersigned
and not by Plaintiff is that the Plaintiff does not reside within the County where affirmant
maintains an office.
The grounds of affirmant's belief as to all matters not stated to be upon affirmant's
knowledge, are documents, correspondences, and records maintained in affirmant's files and
conversations had with the Plaintiff.
The undersigned affirms that the foregoing statements are true, under the penalty of
perjury.
Dated: Melville, New York
May 7, 2024
JONATHAN f SARDELLI, ESQ.
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Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
RONY DE JESUS CRUZ COLLADO,
Plaintiff,
-against-
VITO LAURINO,
Defendant.
SUMMONS and VERIFIED COMPLAINT
BRAGOLI & ASSOCIATES, P.C.
Attorneys for the Plaintif
RONY DE JESUS CRUZ COLLADO
300 Broadhollow Road, Suite 100W
Melville, New York 11747
(631) 423-7755
To:>
Attorney(s) for>
Service of a copy of the within is hereby admitted.
Dated,
Attorney(s) for
Sir: - Please take notice
that the within is a true copy of a duly entered in the office of the clerk of the within named
court on
, 2024
Dated:
Yours, etc.
Attorney signature pursuant to Sec. 130-1.1-a of the
Rules of the Chief Administrator (22NYCRR)
BY: JONATHAN . SARDELLI, ESQ.
BRAGOLI & ASSOCIATES, P.C.
Attorneys for the Plaintif
300 Broadhollow Road, Suite 100W
Melville, New York 11747
(631) 423-7755
8 of 8
Preview
FILED: NEW YORK COUNTY CLERK 05/08/2024 03:35 PM INDEX NO. 154270/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------X INDEX NO.: RONY DE JESUS CRUZ COLLADO, FILING DATE: Plaintiff, SUMMONS Plaintiff Designates -against- New York as the County Place of Trial The Basis of Venue is VITO LAURINO, Plaintiff's Address Plaintiff resides at: Defendant. 50 Gouverneur Street, Apt 5C New York, New York 10002 ________-----__----_____________________________-_________________Ç 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 Attorney 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 this summons is not personally delivered to you within the State of New York); and 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: Melville, New York May 7, 2024 Defendant's address: VITO LAURINO 445 STOBE AVENUE STATEN ISLAND, NY 10306 BY: JONATFI N J. SARDELLI, ESQ. BRAGOLI & ASSOCIATES, P.C. Attorneys for Plaintiff RONY DE JESUS CRUZ COLLADO 300 Broadhollow Road, Suite 100W Melville, New York 11747 (631) 423-7755 1 of 8 FILED: NEW YORK COUNTY CLERK 05/08/2024 03:35 PM INDEX NO. 154270/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------X Index No.: RONY DE JESUS CRUZ COLLADO, Filing date: Plaintiff, VERIFIED -against- COMPLAINT VITO LAURINO, Defendant. --------------___-------------------------------------------------------X PLAINTIFF, by his attorneys, BRAGOLI & ASSOCIATES, P.C., complains of the Defendant and alleges, upon information and belief, the following: 1. That at all times hereinafter mentioned, Plaintiff, RONY DE JESUS CRUZ COLLADO, was and still is a resident of the City and State of New York. 2. That at all times hereinafter mentioned, Plaintiff, RONY DE JESUS CRUZ COLLADO, maintained a residence at 50 Gouverneur Street, Apartment 5C, New York, New York 10002. 3. That at all times hereinafter mentioned, Defendant, VITO LAURINO, was and still is a resident of the State of New York. 4. That at all times hereinafter mentioned, Defendant, VITO LAURINO, was the registrant owner of a certain motor vehicle bearing New York State License Plate Number 606956. 5. That at all times hereinafter mentioned, Defendant, VITO LAURINO, was operating a certain motor vehicle bearing a New York State License Plate 606956. 2 of 8 FILED: NEW YORK COUNTY CLERK 05/08/2024 03:35 PM INDEX NO. 154270/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 6. That at all times hereinafter mentioned, Defendant, VITO LAURINO, had the duty and/or assumed the duty to properly own, control, manage, maintain, operate, inspect, supervise and repair the aforesaid motor vehicle bearing plate number 606956. 7. That at all times hereinafter mentioned, Defendant, VITO LAURINO, breached his duty to properly own, control, manage, maintain, operate, inspect, supervise and repair the aforesaid motor vehicle bearing plate number 606956. 2nd 8. That at all times hereinafter mentioned, Avenue at or near its intersection with 38* East Street, in the City and State of New York was and is a public roadway in common usage. 9. That on or about December 14, 2023, Plaintiff, RONY DE JESUS CRUZ 2"d COLLADO, was a bicyclist and was lawfully traveling in the bike lane on Avenue at or near 38* its intersection with East Street, in the City and State of New York. 10. That on or about December 14, 2023, the aforesaid motor vehicle owned and operated by Defendant, VITO LAURINO, was involved in an accident. 11. That on or about December 14, 2023, Plaintiff, RONY DE JESUS CRUZ COLLADO's bicycle/person was struck by the aforesaid motor vehicle owned and operated by Defendant, VITO LAURINO, forcefully precipitating him to the ground, and causing severe personal and injuries. 12. That on or about December 14, 2023, the aforesaid motor vehicle owned and operated by Defendant, VITO LAURINO, came into violent contact and collision with the bicycle/person of Plaintiff, RONY DE JESUS CRUZ COLLADO. 13. That on or about December 14, 2023, the aforesaid motor vehicle owned and operated by Defendant, VITO LAURINO, came into violent contact and collision with the 3 of 8 FILED: NEW YORK COUNTY CLERK 05/08/2024 03:35 PM INDEX NO. 154270/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 2nd bicycle/person of Plaintiff, RONY DE JESUS CRUZ COLLADO, on Avenue at or near its 3882 intersection with East Street, in the City and State of New York. 14. That as a result of the foregoing, Plaintiff, RONY DE JESUS CRUZ COLLADO, sustained certain severe personal injuries. 15. That the aforesaid collision and the injuries sustained by Plaintiff, RONY DE JESUS CRUZ COLLADO, was caused solely by reason of the negligence of the Defendant, and without any negligence or fault on the part of the Plaintiff contributing thereto. 16. That Defendant, VITO LAURINO, was reckless, careless and negligent in the ownership, operation, management, maintenance, inspection, supervision, repair and control of his motor vehicle; in failing to look, in failing to see, in failing to be observant of the surrounding circumstances; in operating the motor vehicle at a greater rate of speed than care and caution would permit under the circumstances; in causing, allowing and permitting said motor vehicle to strike and come in contact with a bicyclist; in failing to take due and proper notice of the presence of others on the premises; in failing to make prompt, proper and timely use of the steering and braking mechanisms of the motor vehicle; in failing to yield the right of way; in failing to proceed in a safe and proper manner; in failing to maintain the braking and steering mechanisms of the motor vehicle in proper adequate condition and/or repair; in failing to give any signal, sound or warning of the approach of the motor vehicle; in failing to exercise due care and caution in the operation and control of the motor vehicle so as to have avoided this accident and the injuries to the Plaintiff herein; in violating rules of the road, statutes, ordinances and/or regulations; and Defendant was otherwise reckless, negligent and careless in the operation, ownership, management, maintenance, inspection, supervision, repair and control of the aforementioned motor vehicle. 4 of 8 FILED: NEW YORK COUNTY CLERK 05/08/2024 03:35 PM INDEX NO. 154270/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 17. That as a result of the foregoing, Plaintiff, RONY DE RSUS CRUZ COLLADO, suffered a serious injury as defined in Section 5102(d) of the Insurance Law of the State of New York. 18. That as a result of the foregoing, Plaintiff, RONY DE JESUS CRUZ COLLADO, sustained serious, severe and permanent personal injuries and was rendered sick, sore, lame, and disabled; Plaintiff, RONY DE JESUS CRUZ COLLADO, was caused to suffer great physical pain, discomfort, and disability and will continue to suffer pain, discomfort, and disability in the future; Plaintiff, RONY DE JESUS CRUZ COLLADO, was caused to undergo hospital and medical care, aid, and treatment, and may continue to undergo medical care, aid and treatment for a long period of time to come in the future; Plaintiff, RONY DE JESUS CRUZ COLLADO, incurred large sums of expenses for medical care, aid, and attention and may continue to incur large sums of expenses for future medical care, aid, and attention; Plaintiff, RONY DE JESUS CRUZ COLLADO, was further caused to become incapacitated from and hindered in the progress of his usual pursuits, duties, and activities and may continue to be hindered in his pursuits, duties, and activities for a long period of time to come in the future. 19. That as a result of the foregoing, Plaintiff, RONY DE JESUS CRUZ COLLADO, has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 5 of 8 FILED: NEW YORK COUNTY CLERK 05/08/2024 03:35 PM INDEX NO. 154270/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 WHEREFORE, Plaintiff, RONY DE JESUS CRUZ COLLADO, demands judgment against Defendant, VITO LAURINO, in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. Dated: Melville, New York May 7, 2024 Yours etc., BY: JONATHANÓARDELLI, ESQ. BRAGOLI & ASSOCIATES, P.C. Attorneys for Plaintiff RONY DE JESUS CRUZ COLLADO 300 Broadhollow Road, Suite 100W Melville, New York 11747 (631) 423-7755 6 of 8 FILED: NEW YORK COUNTY CLERK 05/08/2024 03:35 PM INDEX NO. 154270/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 ATTORNEY'S VERIFICATION The undersigned, an attorney duly admitted and licensed to practice in the Courts of the State of New York, hereby affirms the following to be true under the penalties of perjury: I am the attorney for the Plaintiff, RONY DE JESUS CRUZ COLLADO, in the within action; that the undersigned has read the foregoing VERIFIED COMPLAINT and knows the contents thereof; that the same is true to affirmant's own knowledge, except as to those matters alleged to be true upon information and belief, and as to those affirmant believe them to be true. The undersigned further states that the reason this verification is made by the undersigned and not by Plaintiff is that the Plaintiff does not reside within the County where affirmant maintains an office. The grounds of affirmant's belief as to all matters not stated to be upon affirmant's knowledge, are documents, correspondences, and records maintained in affirmant's files and conversations had with the Plaintiff. The undersigned affirms that the foregoing statements are true, under the penalty of perjury. Dated: Melville, New York May 7, 2024 JONATHAN f SARDELLI, ESQ. 7 of 8 FILED: NEW YORK COUNTY CLERK 05/08/2024 03:35 PM INDEX NO. 154270/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK RONY DE JESUS CRUZ COLLADO, Plaintiff, -against- VITO LAURINO, Defendant. SUMMONS and VERIFIED COMPLAINT BRAGOLI & ASSOCIATES, P.C. Attorneys for the Plaintif RONY DE JESUS CRUZ COLLADO 300 Broadhollow Road, Suite 100W Melville, New York 11747 (631) 423-7755 To:> Attorney(s) for> Service of a copy of the within is hereby admitted. Dated, Attorney(s) for Sir: - Please take notice that the within is a true copy of a duly entered in the office of the clerk of the within named court on , 2024 Dated: Yours, etc. Attorney signature pursuant to Sec. 130-1.1-a of the Rules of the Chief Administrator (22NYCRR) BY: JONATHAN . SARDELLI, ESQ. BRAGOLI & ASSOCIATES, P.C. Attorneys for the Plaintif 300 Broadhollow Road, Suite 100W Melville, New York 11747 (631) 423-7755 8 of 8