On November 05, 2014 a
Complaint,Petition
was filed
involving a dispute between
Vanessa Mitchell,
and
Jorge Santos,
Juan Almonte,
for Tort
in the District Court of New York County.
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(FILED: NEW/YORK COUNTY CLERK 1170572014 10:03 AM INDEX NO. 160972/2014 |
NYSCEF DOC. NOJ 2 RECEIVED NYSCEF: 11/05/2014
SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF NEW YORK
senate tiennuntinunetnnnnsumetnnannannnnnnamenwanannane
nana nnsssetsetsX
VANESSA MITCHELL,
Plaintiff,
VERIFIED COMPLAINT
~ against -
Index No.:
JUAN ALMONTE and JORGE SANTOS,
Defendants.
a Xx
Plaintiff complaining of the Defendants, by her attorneys, ROURA &
MELAMED, upon information and belief alleges that on August 13, 2014 at the intersection of
Marginal Street and W. 132" Street, New York, New York (unless otherwise specified):
1 The Defendant, JORGE SANTOS, was the owner of a 1995 Ford motor
vehicle bearing New York License plate number EGK4617 for the year 2014.
2. The Defendant, JUAN ALMONTE, operated the motor vehicle described
in paragraph “1”.
3 The Defendant, JUAN ALMONTE, operated the motor vehicle described
in paragraph "I" with the knowledge, permission and consent of the Defendant, JORGE
SANTOS.
4 The Plaintiff was a bicyclist.
5 The motor vehicle owned by Defendant, JORGE SANTOS and operated by
the Defendant, JOAN ALMONTE, and the Plaintiff came into contact,
6 The motor vehicle owned by Defendant, JORGE SANTOS and operated by
the Defendant, JUAN ALMONTE struck the Plaintiff,
7 The occurrence mentioned was caused solely as a result of the negligence of
the Defendants in their failure to carefully and properly own, operate, maintain, manage and control
the aforesaid motor vehicle.
8 Solely as a result of the foregoing, the Plaintiff, sustained serious personal
injuries as defined by Article 51 of the Insurance Law of the State of New York and as such is
entitled to recover for non-economic losses and for such items of economic loss as are not included
within the definition of basic economic loss as defined by Article 51 of the Insurance Law of the
State of New York.
9 The Plaintiff is a covered person as defined by Article 51 of the Insurance
Law of the State of New York.
10. The Plaintiff is a non-covered person and as such is entitled to all economic
and non-economic losses.
HH. This action falls within one or more of the exceptions set forth in CPLR.
Section 1602 with regard to joint and several liability.
12. Solely as a result of the foregoing, the Plaintiff suffered serious, severe and
permanent personal injuries, has been prevented from attending to her usual activities and duties,
has sought and will continue to need medical care and treatment, has sustained pain and suffering
and has been damaged in an amount exceeding the jurisdictional limits of all lower Courts which
would have jurisdiction of this matter.
WHEREFORE, Plaintiff demands judgment against the Defendants in an amount
which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction
of this matter, together with interest and costs and disbursements of this action, together with
interest and costs and disbursements of this action.
Dated: New York, New York
November 3, 2014
ROURA & MELAMED
Attorneys for Plaintiff
Office & P.O. Address
233 Broadway, Suite 2700
New York, New York 10279
Document Filed Date
November 05, 2014
Case Filing Date
November 05, 2014
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(FILED: NEW/YORK COUNTY CLERK 1170572014 10:03 AM INDEX NO. 160972/2014 | NYSCEF DOC. NOJ 2 RECEIVED NYSCEF: 11/05/2014 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NEW YORK senate tiennuntinunetnnnnsumetnnannannnnnnamenwanannane nana nnsssetsetsX VANESSA MITCHELL, Plaintiff, VERIFIED COMPLAINT ~ against - Index No.: JUAN ALMONTE and JORGE SANTOS, Defendants. a Xx Plaintiff complaining of the Defendants, by her attorneys, ROURA & MELAMED, upon information and belief alleges that on August 13, 2014 at the intersection of Marginal Street and W. 132" Street, New York, New York (unless otherwise specified): 1 The Defendant, JORGE SANTOS, was the owner of a 1995 Ford motor vehicle bearing New York License plate number EGK4617 for the year 2014. 2. The Defendant, JUAN ALMONTE, operated the motor vehicle described in paragraph “1”. 3 The Defendant, JUAN ALMONTE, operated the motor vehicle described in paragraph "I" with the knowledge, permission and consent of the Defendant, JORGE SANTOS. 4 The Plaintiff was a bicyclist. 5 The motor vehicle owned by Defendant, JORGE SANTOS and operated by the Defendant, JOAN ALMONTE, and the Plaintiff came into contact, 6 The motor vehicle owned by Defendant, JORGE SANTOS and operated by the Defendant, JUAN ALMONTE struck the Plaintiff, 7 The occurrence mentioned was caused solely as a result of the negligence of the Defendants in their failure to carefully and properly own, operate, maintain, manage and control the aforesaid motor vehicle. 8 Solely as a result of the foregoing, the Plaintiff, sustained serious personal injuries as defined by Article 51 of the Insurance Law of the State of New York and as such is entitled to recover for non-economic losses and for such items of economic loss as are not included within the definition of basic economic loss as defined by Article 51 of the Insurance Law of the State of New York. 9 The Plaintiff is a covered person as defined by Article 51 of the Insurance Law of the State of New York. 10. The Plaintiff is a non-covered person and as such is entitled to all economic and non-economic losses. HH. This action falls within one or more of the exceptions set forth in CPLR. Section 1602 with regard to joint and several liability. 12. Solely as a result of the foregoing, the Plaintiff suffered serious, severe and permanent personal injuries, has been prevented from attending to her usual activities and duties, has sought and will continue to need medical care and treatment, has sustained pain and suffering and has been damaged in an amount exceeding the jurisdictional limits of all lower Courts which would have jurisdiction of this matter. WHEREFORE, Plaintiff demands judgment against the Defendants in an amount which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction of this matter, together with interest and costs and disbursements of this action, together with interest and costs and disbursements of this action. Dated: New York, New York November 3, 2014 ROURA & MELAMED Attorneys for Plaintiff Office & P.O. Address 233 Broadway, Suite 2700 New York, New York 10279