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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
nines an acme eats saieeaa=cocamninanall xX
ROBERT BENNETT,
Plaintiff.
-against-
Index No.:
Date Purchased:
SUMMONS
Plaintiff designates New York
County as the place of trial.
the basis of venue is:
Defendant's principal place of
business
MOTOR VEHICLE ACCIDENT INDEMNIFICATION
CORPORATION, Defendant's address:
110 William Street
Defendant. New York, NY 10038-3986
anion cciiestoitiencnnmaenemratiaese
County of New York
To the above named Defendants:
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(s) 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.
New York, New York
July 23, 2009
Dated:
MICHAEL M. GOLDBERG
SCHWARTZAPFEL PARTNERS
Attomeys for Plaintiff(s)
ROBERT BENNETT.
31 East 32™ Street, 4" Floor
New York, New York 10016
(212) 481-0011
‘TO:
MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION
110 William Street
New York, NY 10038-3986SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.:
onan naan neeneeerenncnanncnnenenenenen en, X Date Purchased:
VERIFIED COMPLAINT
Plaintiff,
-against-
MOTOR VEHICLE ACCIDENT INDEMNIFICATION
CORPORATION,
Defendant.
eon, X
Plaintiff, by his attorneys, SCH WARTZAPFEL PARTNERS, complaining of the Defendant,
respectfully alleges, upon information and belief:
L That at all times herein mentioned the Plaintiff was, and still is, a resident of the
County of Queens, State of New York.
23 That atall times herein mentioned the Defendant MOTOR VEHICLE ACCIDENT
INDEMNIFICATION CORPORATION (hereinafter designated "MVAIC") was, and still is, a
corporation duly organized and existing under and by virtue of the laws of the State of New York.
3; That at all times herein mentioned the Defendant MVAIC maintained a principal
place of business in the County of New York, State of New York, located at 110 William Street,
New York, NY 10038-3986.
4. ‘That heretofore, and by Order of Hon. Paul Wooten, duly made and entered on July
9, 2009, Plaintiff was granted leave to commence this action against the Defendant MVAIC to
recover damages for personal injuries sustained by him with attendant special damages.
5; That the Plaintiff has duly complied with all of the requirements of the Laws of the
State of New York in connection with the commencement of this action.
6. Thatatall times herein mentioned West 135" Street at or near Lenox Avenue, County
of New York, State of New York, was, and still is, a public road and thoroughfare.
qs That at all times herein mentioned, and on or about August 28, 2007, while thePlaintiff was a lawful bicylclist, along and upon the roadway of West 135" Street at or near Lenox
Avenue, County of New York, State of New York, he was struck and knocked down by a "hit-and-
run" motor vehicle. sustaining serious injuries with attendant damages thereby, the owner and
operator of which "hit-and-run" motor vehicle remain unidentified and unknown to the Plaintiff.
8. That as a result of the aforesaid occurrence, the Plaintiff sustained grievous personal
injury and attendant damage.
9. That the said occurrence, and the injuries resulting therefrom, were caused wholly and
solely by reason of the negligence of the owner and operator of the unknown "hit-and-run" motor
vehicle without any fault or negligence on the part of the Plaintiff contributing thereto.
10. Thatthe owner and/or operator of the said "hit-and-run" motor vehicle, whose identity
is unknown to the Plaintiff. was negligent, careless and reckless in the ownership, operation.
management, maintenance, supervision, use and control of the aforesaid vehicle and the Defendant
was otherwise negligent, careless and reckless under the circumstances then and there prevailing.
11. That as a result of the foregoing, the Plaintiff suffered a "serious injury” as defined
by §5102(d) of the Insurance Law of the State of New York.
12. ‘That by reason thereof, the Plaintiff is entitled to recover for non-economic loss and
for such economic losses as are not included within the definition of "basic economic loss" as set
forth in §5102(a) of the Insurance Law of the State of New York.
13. That the Plaintiff is a "covered person" within the definition of, and as defined by
§5102(j) of the Insurance Law of the State of New York.
14. That this action falls within one or more of the exceptions set forth in CPLR Section
1602.
15. That by reason of the foregoing, Plaintiff ROBERT BENNETT has been damaged
in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
WHEREFORE, Plaintiff(s) demand(s) judgment against the Defendants herein, in asum exceeding the jurisdictional limits of all lower courts which would otherwise have
jurisdiction, together with the costs and disbursements of this action.
Dated: New York, New York
July 23, 2009
Yourled-—
MICHAEL M. GOLDBERG
SCHWARTZAPFEL PARTNERS
Attorneys for Plaintiff(s)
ROBERT BENNETT
31 East 32™ Street, 4" Floor
New York, New York 10016
(212) 481-0011ATTORNEY'S VERIFICATION
MICHAEL M. GOLDBERG, 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: = Tam an
attorney at LAW OFFICES OF MICHAEL M. GOLDBERG, P.C., attorneys of record for
Plaintiff(s) ROBERT BENNETT. | 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 | 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.
This verification is made by me because Plaintiff(s) is/are not presently in the same
county as the undersigned.
DATED: New York, New York
July + , 2009
MICHAEL M. GOLDBERG
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK nines an acme eats saieeaa=cocamninanall xX ROBERT BENNETT, Plaintiff. -against- Index No.: Date Purchased: SUMMONS Plaintiff designates New York County as the place of trial. the basis of venue is: Defendant's principal place of business MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Defendant's address: 110 William Street Defendant. New York, NY 10038-3986 anion cciiestoitiencnnmaenemratiaese County of New York To the above named Defendants: 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(s) 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. New York, New York July 23, 2009 Dated: MICHAEL M. GOLDBERG SCHWARTZAPFEL PARTNERS Attomeys for Plaintiff(s) ROBERT BENNETT. 31 East 32™ Street, 4" Floor New York, New York 10016 (212) 481-0011 ‘TO: MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION 110 William Street New York, NY 10038-3986SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: onan naan neeneeerenncnanncnnenenenenen en, X Date Purchased: VERIFIED COMPLAINT Plaintiff, -against- MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Defendant. eon, X Plaintiff, by his attorneys, SCH WARTZAPFEL PARTNERS, complaining of the Defendant, respectfully alleges, upon information and belief: L That at all times herein mentioned the Plaintiff was, and still is, a resident of the County of Queens, State of New York. 23 That atall times herein mentioned the Defendant MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION (hereinafter designated "MVAIC") was, and still is, a corporation duly organized and existing under and by virtue of the laws of the State of New York. 3; That at all times herein mentioned the Defendant MVAIC maintained a principal place of business in the County of New York, State of New York, located at 110 William Street, New York, NY 10038-3986. 4. ‘That heretofore, and by Order of Hon. Paul Wooten, duly made and entered on July 9, 2009, Plaintiff was granted leave to commence this action against the Defendant MVAIC to recover damages for personal injuries sustained by him with attendant special damages. 5; That the Plaintiff has duly complied with all of the requirements of the Laws of the State of New York in connection with the commencement of this action. 6. Thatatall times herein mentioned West 135" Street at or near Lenox Avenue, County of New York, State of New York, was, and still is, a public road and thoroughfare. qs That at all times herein mentioned, and on or about August 28, 2007, while thePlaintiff was a lawful bicylclist, along and upon the roadway of West 135" Street at or near Lenox Avenue, County of New York, State of New York, he was struck and knocked down by a "hit-and- run" motor vehicle. sustaining serious injuries with attendant damages thereby, the owner and operator of which "hit-and-run" motor vehicle remain unidentified and unknown to the Plaintiff. 8. That as a result of the aforesaid occurrence, the Plaintiff sustained grievous personal injury and attendant damage. 9. That the said occurrence, and the injuries resulting therefrom, were caused wholly and solely by reason of the negligence of the owner and operator of the unknown "hit-and-run" motor vehicle without any fault or negligence on the part of the Plaintiff contributing thereto. 10. Thatthe owner and/or operator of the said "hit-and-run" motor vehicle, whose identity is unknown to the Plaintiff. was negligent, careless and reckless in the ownership, operation. management, maintenance, supervision, use and control of the aforesaid vehicle and the Defendant was otherwise negligent, careless and reckless under the circumstances then and there prevailing. 11. That as a result of the foregoing, the Plaintiff suffered a "serious injury” as defined by §5102(d) of the Insurance Law of the State of New York. 12. ‘That by reason thereof, the Plaintiff is entitled to recover for non-economic loss and for such economic losses as are not included within the definition of "basic economic loss" as set forth in §5102(a) of the Insurance Law of the State of New York. 13. That the Plaintiff is a "covered person" within the definition of, and as defined by §5102(j) of the Insurance Law of the State of New York. 14. That this action falls within one or more of the exceptions set forth in CPLR Section 1602. 15. That by reason of the foregoing, Plaintiff ROBERT BENNETT has been damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff(s) demand(s) judgment against the Defendants herein, in asum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: New York, New York July 23, 2009 Yourled-— MICHAEL M. GOLDBERG SCHWARTZAPFEL PARTNERS Attorneys for Plaintiff(s) ROBERT BENNETT 31 East 32™ Street, 4" Floor New York, New York 10016 (212) 481-0011ATTORNEY'S VERIFICATION MICHAEL M. GOLDBERG, 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: = Tam an attorney at LAW OFFICES OF MICHAEL M. GOLDBERG, P.C., attorneys of record for Plaintiff(s) ROBERT BENNETT. | 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 | 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. This verification is made by me because Plaintiff(s) is/are not presently in the same county as the undersigned. DATED: New York, New York July + , 2009 MICHAEL M. GOLDBERG