Preview
FILED: NEW YORK COUNTY CLERK 06/19/2024 04:03 PM INDEX NO. 155609/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024
DELIVERTHESE PAPERSTO YOURAUTOMOBILE
LIABILITY INSURANCECARRIERIMMEDIATELY. YOUR
FAILURE TO DOSO MAYRESULTIN THE LOSS OFCOVERAGE.
STATEOF NEWYORK
SUPREME COURT: COUNTYOF NEWYORK
*********************************************************
SUMMONS
DAVID CHICO,
Plaintiff, Index No.:
v.
Date Filed:
BESTWAYCARTINGINC. and MILTONORTIZ,
Plaintiff designates
Defendants. NEWYORKCOUNTY
as the place of trial.
*********************************************************
The basis of venue is
the location where the
accident occurred.
TO THE ABOVE-NAMED
DEFENDANTS:
YOUARE HEREBYSUMMONED
and required to serve upon Plaintiff's
attorneys an answer to the Complaint in this action within twenty (20) days after the
service of this Summons, exclusive of the day of service, or within thirty (30) days after
service is complete if this Summonsis not personally delivered to you within the State of
NewYork. In case of your failure to answer, judgment will be taken against you by default
for the relief demanded in the Complaint.
DATED: New York, New York
June 19, 2024
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Yours, etc.,
THE BARNESFIRM, P.C.
By:
Christopher . Troc i o, Esq.
Attorneys for Plaint
420 Lexington Avenue, Suite 2140
New York, NY 10170
(800) 800-0000 x578
BESTWAYCARTINGINC.
4960 Annandale Ln.
Flushing, NY 11362
MILTONORTIZ
1819 Himrod, Apt. 1R
Flushing, NY 11385
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STATEOF NEWYORK
SUPREMECOURT:COUNTYOF NEWYORK
************************************************************
DAVID CHICO,
Plaintiff, COMPLAINT
v.
Index No.
BESTWAY
CARTINGINC. and MILTON ORTIZ,
Defendants.
************************************************************
Plaintiff DAVID CHICO, by his attorneys, THE BARNESFIRM, P.C., for his
complaint against defendants BESTWAYCARTING INC. and MILTON ORTIZ, allege
upon information and belief:
1. At all times herein relevant plaintiff DAVID CHICO, has been a
resident of the County of Kings and State of New York.
2. That at all times hereinafter relevant, defendant, BESTWAY
CARTINGINC., was a domestic business corporation conducting business in New York
State.
3. That at all times herein relevant, defendant, BESTWAYCART[NG
INC., transacted business with the State of New York and/or contracted anywhere to
supply goods or services in the State of New York.
4. That at all times herein relevant, defendant, BESTWAYCARTING
INC., committed a tortious act with the State of New York,
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5. That at all times herein relevant, defendant, BESTWAYCARTING
INC., committed a tortious act without the State of New York causing injury to person or
property within the State of New York.
6. That at all times herein relevant, defendant, BESTWAYCARTING
INC., owns, uses or possesses any real property situated with the State of NewYork.
7. That by virtue of the allegations above, defendant, BESTWAY
CARTINGINC., is subject to the laws of the State of New York pursuant to CPLR302.
8. At all times herein relevant defendant MILTON ORTIZ has been a
resident of the County of Queens and State of New York.
9. On September 13, 2021, plaintiff DAVID CHICO, was the owner of a
certain 2013 Toyota bearing New York State license plate number GJM2553.
10. On September 13, 2021, defendant BESTWAYCARTINGINC. was
the owner of a certain 2006 Mack Dump truck bearing New York State license plate
number 68812ME.
11. On September 13, 2021, plaintiff DAVID CHICO, operated the
vehicle described in paragraph 9 above.
12. On September 13, 2021, defendant MILTON ORTIZ, operated the
vehicle described in Paragraph 10 above with the full consent of the owner, defendant
BESTWAYCARTINGINC.
13. On September 13, 2021, defendant MILTON ORTIZ, operated the
vehicle described in Paragraph 10 above with the full knowledge of the owner, defendant
BESTWAYCARTINGINC.
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14. On September 13, 2021, defendant MILTON ORTIZ, operated the
vehicle described in Paragraph 10 above with the full permission of the owner, defendant
BESTWAY
CARTINGINC.
15. Under New York Law, defendant BESTWAYCARTING INC., as
owner of the motor vehicle, is responsible and liable for the negligent and/or reckless
operation of its motor vehicle.
16. On September 13, 2021, defendant, MILTON ORTIZ, was acting
within the course and scope of his employment for defendant, BESTWAYCARTINGINC.
17. On September 13, 2021, defendant, MILTONORTIZ, was an agent
of defendant, BESTWAYCARTINGINC.
18. On September 13, 2021, defendant, MILTONORTIZ, was a servant
of defendant, BESTWAYCARTINGINC.
19. On September 13, 2021, defendant, MILTON ORTIZ, was an
employee of defendant, BESTWAYCARTINGINC.
20. On September 13, 2021, plaintiff DAVID CHICO, operated the
vehicle described in Paragraph 9 above traveling southbound on 7th Avenue at the
intersection of West 31 Street in the City of New York, County of New York and State of
New York.
21, On September 13, 2021, defendant MILTON ORTlZ, operated the
7th
vehicle described in Paragraph 10 above traveling southbound on Avenue at the
intersection of West 31 Street in the City of New York, County of New York and State of
New York.
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22. On September 13, 2021, defendant driver MILTON ORTIZ, struck
the rear of the vehicle being operated by plaintiff DAVID CHICO on 7th Avenue at the
intersection of West 31 Street in the City of New York, County of New York and State of
NewYork.
23. As a result of the above referenced incident, Plaintiff DAVID CHICO
was injured.
24. The incident described in Paragraph 22 above occurred as a result
of the negligence and/or recklessness of defendants BESTWAYCARTING INC. and
MILTONORTIZ, without any negligence attributable in any measure to plaintiff DAVID
CHICO.
25. Plaintiff DAVID CHICO, has sustained a serious injury, as defined in
subsection (d) of section five thousand one hundred two of the NewYork State Insurance
Law.
26. Plaintiff DAVID CHICO, has sustained economic loss greater than
basic economic loss, as defined in subsection (a) of section five thousand one hundred
two of the New York State insurance Law.
27. The limitations on liability set forth in CPLR Article 16 do not apply
herein; one or more of the exemptions set forth in CPLR Section 1602 applies.
28. As a result of the negligence and/or recklessness of defendant driver
MILTON ORTIZ, for which defendant owner BESTWAYCARTING INC., is liable and
responsible, as alleged above, plaintiff DAVID CHICO, was injured and has suffered
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damages in an amount which exceeds the monetary jurisdictional limits of all lower New
York State Courts.
BESTWAY
AS ANDFORA SECONDCAUSEOF ACTIONAGAINST DEFENDANTS
CARTINGINC. ANDMILTONORTIZ
29. Plaintiff repeats and re-alieges Paragraphs 1 through 28 above as if
set forth in their entirety herein.
30. On September 13, 2021, the defendant, BESTWAYCARTINGINC.,
was registered with the United States Department of Transportation under number
1135637.
31. The defendants, BESTWAYCARTING INC. and MILTON ORTIZ,
engaged in the interstate transporation of property using commercial motor vehicles
defendants'
including the motor vehicle involved in the accident subject herein.
32. The defendants, BESTWAYCARTING INC. and MILTON ORTIZ,
caused the accident due to negligent, grossly negligent and reckless hiring, retention,
training, management, supervision, control and entrustment of commercial motor
vehicles, including the motor vehicle involved in the accident subject herein, to their
drivers including the defendant driver, MILTONORTIZ.
33. The defendants, BESTWAYCARTING INC. and MILTON ORTIZ,
caused the accident due to negligent, grossly negligent and reckless inspection,
management, supervision, repair, maintenance and operation of commercial motor
vehicles, including the motor vehicle involved in the subject accident herein.
34. The defendants, BESTWAYCARTINGINC. and MILTONORTIZ's,
negligent, grossly negligent and reckless conduct violated applicable provisions of the
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Federal Motor Carrier Safety Regulations ("FMCSR"), commercial motor vehicle
operaring standards and manuals and corresponding New York State law regarding
interstate and intrastate commerce.
35. That as a result of the foregoing, the plaintiff was caused to sustain
personal injuries.
36. That as a result of the foregoing, the plaintiff was caused to sustain
serious personal injuries.
37. That as a result of the foregoing, the defendants, BESTWAY
CARTING INC. and MILTON ORTIZ, consciously disregarded public safety and
recklessly, willingly, and knowingly placed the general public at an unreasonable risk of
harm due to their statutorily violative and reckless conduct. As a result, plaintiff DAVID
CHICO, was injured and has suffered damages in an amount which exceeds the
monetary jurisdictional limits of all lower New York State Courts.
WHEREFORE,plaintiff DAVID CHICO, demands judgment against
defendants, BESTWAYCARTING INC. and MILTON ORTIZ, jointly and severally, as
follows:
(a) In the First Cause of Action in an amount which exceeds the
monetary jurisdictional limits of all lower New York State
Courts;
(b) In the Second Cause of Action in an amount which exceeds
the monetary jurisdictional limits of all lower New York State
Courts; and
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Plaintiff, DAVID CHICO, demands such other, further and different relief as
the Court may deem just and proper, together with the costs and disbursements of this
action.
DATED: New York, New York
June 19, 2024
Yours, etc.,
THE BARNESFIRM, P.C.
By:
Christopher J. Trochi o, Esq.
Attorneys for Plaintiff
420 Lexington Avenue, Suite 2140
New York, NY 10170
(800) 800-0000 x578
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Preview
FILED: NEW YORK COUNTY CLERK 06/19/2024 04:03 PM INDEX NO. 155609/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 DELIVERTHESE PAPERSTO YOURAUTOMOBILE LIABILITY INSURANCECARRIERIMMEDIATELY. YOUR FAILURE TO DOSO MAYRESULTIN THE LOSS OFCOVERAGE. STATEOF NEWYORK SUPREME COURT: COUNTYOF NEWYORK ********************************************************* SUMMONS DAVID CHICO, Plaintiff, Index No.: v. Date Filed: BESTWAYCARTINGINC. and MILTONORTIZ, Plaintiff designates Defendants. NEWYORKCOUNTY as the place of trial. ********************************************************* The basis of venue is the location where the accident occurred. TO THE ABOVE-NAMED DEFENDANTS: YOUARE HEREBYSUMMONED and required to serve upon Plaintiff's attorneys an answer to the Complaint in this action within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after service is complete if this Summonsis not personally delivered to you within the State of NewYork. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the Complaint. DATED: New York, New York June 19, 2024 1 of 9 FILED: NEW YORK COUNTY CLERK 06/19/2024 04:03 PM INDEX NO. 155609/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 Yours, etc., THE BARNESFIRM, P.C. By: Christopher . Troc i o, Esq. Attorneys for Plaint 420 Lexington Avenue, Suite 2140 New York, NY 10170 (800) 800-0000 x578 BESTWAYCARTINGINC. 4960 Annandale Ln. Flushing, NY 11362 MILTONORTIZ 1819 Himrod, Apt. 1R Flushing, NY 11385 2 of 9 FILED: NEW YORK COUNTY CLERK 06/19/2024 04:03 PM INDEX NO. 155609/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 STATEOF NEWYORK SUPREMECOURT:COUNTYOF NEWYORK ************************************************************ DAVID CHICO, Plaintiff, COMPLAINT v. Index No. BESTWAY CARTINGINC. and MILTON ORTIZ, Defendants. ************************************************************ Plaintiff DAVID CHICO, by his attorneys, THE BARNESFIRM, P.C., for his complaint against defendants BESTWAYCARTING INC. and MILTON ORTIZ, allege upon information and belief: 1. At all times herein relevant plaintiff DAVID CHICO, has been a resident of the County of Kings and State of New York. 2. That at all times hereinafter relevant, defendant, BESTWAY CARTINGINC., was a domestic business corporation conducting business in New York State. 3. That at all times herein relevant, defendant, BESTWAYCART[NG INC., transacted business with the State of New York and/or contracted anywhere to supply goods or services in the State of New York. 4. That at all times herein relevant, defendant, BESTWAYCARTING INC., committed a tortious act with the State of New York, 3 of 9 FILED: NEW YORK COUNTY CLERK 06/19/2024 04:03 PM INDEX NO. 155609/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 5. That at all times herein relevant, defendant, BESTWAYCARTING INC., committed a tortious act without the State of New York causing injury to person or property within the State of New York. 6. That at all times herein relevant, defendant, BESTWAYCARTING INC., owns, uses or possesses any real property situated with the State of NewYork. 7. That by virtue of the allegations above, defendant, BESTWAY CARTINGINC., is subject to the laws of the State of New York pursuant to CPLR302. 8. At all times herein relevant defendant MILTON ORTIZ has been a resident of the County of Queens and State of New York. 9. On September 13, 2021, plaintiff DAVID CHICO, was the owner of a certain 2013 Toyota bearing New York State license plate number GJM2553. 10. On September 13, 2021, defendant BESTWAYCARTINGINC. was the owner of a certain 2006 Mack Dump truck bearing New York State license plate number 68812ME. 11. On September 13, 2021, plaintiff DAVID CHICO, operated the vehicle described in paragraph 9 above. 12. On September 13, 2021, defendant MILTON ORTIZ, operated the vehicle described in Paragraph 10 above with the full consent of the owner, defendant BESTWAYCARTINGINC. 13. On September 13, 2021, defendant MILTON ORTIZ, operated the vehicle described in Paragraph 10 above with the full knowledge of the owner, defendant BESTWAYCARTINGINC. 4 of 9 FILED: NEW YORK COUNTY CLERK 06/19/2024 04:03 PM INDEX NO. 155609/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 14. On September 13, 2021, defendant MILTON ORTIZ, operated the vehicle described in Paragraph 10 above with the full permission of the owner, defendant BESTWAY CARTINGINC. 15. Under New York Law, defendant BESTWAYCARTING INC., as owner of the motor vehicle, is responsible and liable for the negligent and/or reckless operation of its motor vehicle. 16. On September 13, 2021, defendant, MILTON ORTIZ, was acting within the course and scope of his employment for defendant, BESTWAYCARTINGINC. 17. On September 13, 2021, defendant, MILTONORTIZ, was an agent of defendant, BESTWAYCARTINGINC. 18. On September 13, 2021, defendant, MILTONORTIZ, was a servant of defendant, BESTWAYCARTINGINC. 19. On September 13, 2021, defendant, MILTON ORTIZ, was an employee of defendant, BESTWAYCARTINGINC. 20. On September 13, 2021, plaintiff DAVID CHICO, operated the vehicle described in Paragraph 9 above traveling southbound on 7th Avenue at the intersection of West 31 Street in the City of New York, County of New York and State of New York. 21, On September 13, 2021, defendant MILTON ORTlZ, operated the 7th vehicle described in Paragraph 10 above traveling southbound on Avenue at the intersection of West 31 Street in the City of New York, County of New York and State of New York. 5 of 9 FILED: NEW YORK COUNTY CLERK 06/19/2024 04:03 PM INDEX NO. 155609/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 22. On September 13, 2021, defendant driver MILTON ORTIZ, struck the rear of the vehicle being operated by plaintiff DAVID CHICO on 7th Avenue at the intersection of West 31 Street in the City of New York, County of New York and State of NewYork. 23. As a result of the above referenced incident, Plaintiff DAVID CHICO was injured. 24. The incident described in Paragraph 22 above occurred as a result of the negligence and/or recklessness of defendants BESTWAYCARTING INC. and MILTONORTIZ, without any negligence attributable in any measure to plaintiff DAVID CHICO. 25. Plaintiff DAVID CHICO, has sustained a serious injury, as defined in subsection (d) of section five thousand one hundred two of the NewYork State Insurance Law. 26. Plaintiff DAVID CHICO, has sustained economic loss greater than basic economic loss, as defined in subsection (a) of section five thousand one hundred two of the New York State insurance Law. 27. The limitations on liability set forth in CPLR Article 16 do not apply herein; one or more of the exemptions set forth in CPLR Section 1602 applies. 28. As a result of the negligence and/or recklessness of defendant driver MILTON ORTIZ, for which defendant owner BESTWAYCARTING INC., is liable and responsible, as alleged above, plaintiff DAVID CHICO, was injured and has suffered 6 of 9 FILED: NEW YORK COUNTY CLERK 06/19/2024 04:03 PM INDEX NO. 155609/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 damages in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts. BESTWAY AS ANDFORA SECONDCAUSEOF ACTIONAGAINST DEFENDANTS CARTINGINC. ANDMILTONORTIZ 29. Plaintiff repeats and re-alieges Paragraphs 1 through 28 above as if set forth in their entirety herein. 30. On September 13, 2021, the defendant, BESTWAYCARTINGINC., was registered with the United States Department of Transportation under number 1135637. 31. The defendants, BESTWAYCARTING INC. and MILTON ORTIZ, engaged in the interstate transporation of property using commercial motor vehicles defendants' including the motor vehicle involved in the accident subject herein. 32. The defendants, BESTWAYCARTING INC. and MILTON ORTIZ, caused the accident due to negligent, grossly negligent and reckless hiring, retention, training, management, supervision, control and entrustment of commercial motor vehicles, including the motor vehicle involved in the accident subject herein, to their drivers including the defendant driver, MILTONORTIZ. 33. The defendants, BESTWAYCARTING INC. and MILTON ORTIZ, caused the accident due to negligent, grossly negligent and reckless inspection, management, supervision, repair, maintenance and operation of commercial motor vehicles, including the motor vehicle involved in the subject accident herein. 34. The defendants, BESTWAYCARTINGINC. and MILTONORTIZ's, negligent, grossly negligent and reckless conduct violated applicable provisions of the 7 of 9 FILED: NEW YORK COUNTY CLERK 06/19/2024 04:03 PM INDEX NO. 155609/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 Federal Motor Carrier Safety Regulations ("FMCSR"), commercial motor vehicle operaring standards and manuals and corresponding New York State law regarding interstate and intrastate commerce. 35. That as a result of the foregoing, the plaintiff was caused to sustain personal injuries. 36. That as a result of the foregoing, the plaintiff was caused to sustain serious personal injuries. 37. That as a result of the foregoing, the defendants, BESTWAY CARTING INC. and MILTON ORTIZ, consciously disregarded public safety and recklessly, willingly, and knowingly placed the general public at an unreasonable risk of harm due to their statutorily violative and reckless conduct. As a result, plaintiff DAVID CHICO, was injured and has suffered damages in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts. WHEREFORE,plaintiff DAVID CHICO, demands judgment against defendants, BESTWAYCARTING INC. and MILTON ORTIZ, jointly and severally, as follows: (a) In the First Cause of Action in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts; (b) In the Second Cause of Action in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts; and 8 of 9 FILED: NEW YORK COUNTY CLERK 06/19/2024 04:03 PM INDEX NO. 155609/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/19/2024 Plaintiff, DAVID CHICO, demands such other, further and different relief as the Court may deem just and proper, together with the costs and disbursements of this action. DATED: New York, New York June 19, 2024 Yours, etc., THE BARNESFIRM, P.C. By: Christopher J. Trochi o, Esq. Attorneys for Plaintiff 420 Lexington Avenue, Suite 2140 New York, NY 10170 (800) 800-0000 x578 9 of 9