Preview
FILED: NEW YORK COUNTY CLERK 07/11/2019 10:50 AM INDEX NO. 156777/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/11/2019
SUPREME COURT OF THE STATE OF NEW YORK Index No.
COUNTY OF NEW YORK
--------------------------------------------------------------X Date Filed:
KEITH R. LOPEZ,
Plaintiff designates:
Plaintiff, NEW YORK
-against-
County as the place of trial
ANGEL GUTIERREZ ,
The basis of venue is:
Location of Occurrence
Defendant.
-------- --------- ------------------ --X
S U M M O N S
Plaintiff's address:
415 Grand Street
New York, New York
To the above named Defendant(s):
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: Bronx, New York
July 8, 2019
PEÑA & KAHN, PLLC
Attorneys for Plaintiff
Office & P. O. Ad
1250 Waters ace, . 901
Bronx, Yor 0461
(718 85-65
O File .. 16
PH P GLIETYf
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Defendant's Address:
ANGEL GUTIERREZ
500 East Houston Street, Apt. 7D
New York, NY 10002
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.:
------------------- ¬--------------------------X
KEITH R. LOPEZ,
COMPLAINT
Plaintiff,
-against-
ANGEL GUTIERREZ ,
Defendant.
____________ ___________________...--------- ¬--------X
Plaintiff, by his attorneys, PEÑA & KAHN, PLLC, complaining of the defendant, all upon
information and belief, respectfully states and alleges as follows:
1. That at alltimes herein mentioned, the plaintiff was and stillis a resident of the County of
New York, and State of New York.
2. That at alltimes herein mentioned, the occurrence that gave rise to this action occurred in
the County of New York , and State of New York.
3. That on or about April 12, 2019, the defendant ANGEL GUTIERREZ was the registered
owner of a certain motor vehicle bearing New York License Plate No. T421760C (said
vehicle hereinafter referred to as "GUTIERREZ VEHICLE").
4. That on or about said date, the defendant ANGEL GUTIERREZ was the titleowner of the
GUTIERREZ VEHICLE.
5. That on or about said date, the defendant ANGEL GUTIERREZ operated the GUTIERREZ
VEHICLE.
6. That alltimes herein mentioned, the plaintiff was a lawful pedestrian.
7. That on April 12, 2019, at approximately 7:00 a.m., the defendant ANGEL GUTIERREZ
operated the GUTIERREZ VEHICLE along and upon Grand Street at or near its
intersection with Essex Street in the County of New York , and State of New York.
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8. That at said time and place, the vehicle being operated and controlled by the defendant
came into contact with the plaintiff.
9. That as a result of the happening of the said occurrence complained of, plaintiff sustained
grievous personal injuries and attendant damage.
10. That the said occurrence and the injuries resulting therefrom and sustained by the plaintiff
were caused by reason of the negligence and carelessness of the defendant without any
fault or negligence on the part of the plaintiff contributing thereto.
11. That the defendant was negligent in failing to keep his vehicle under proper control; in
operating vehicle at an excessive rate of speed under the existing traffic conditions; in
failing to keep said vehicle at a safe and proper distance from the plaintiff; in failing to
make use of a proper horn or other signal or warning device; in operating said vehicle at
an improper rate of speed on the said roadway; in failing to yield to the right of way; in
disregarding the traffic conditions then and there existing; in disregarding a traffic device;
in causing, allowing and permitting his vehicle to come into contact with the plaintiff; in
failing to keep a proper lookout; in failing to give any signal or warning of approach; in
failing to make proper use ofthe brakes or braking equipment; and in failing to make proper
use of the steering mechanism.
injury"
12. That as a result of the foregoing, the plaintiff suffered a "serious as defined by
§5102, Subd. (d) of the Insurance Law of the State of New York.
13. That by reason thereof, the plaintiff is entitled to recover for non-economic loss and for
loss"
such economic losses as are not included within the definition of "basic economic as
set forth in §5102 Subd. (a) of the Insurance Law of the State of New York.
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person"
14. That the plaintiff is a "covered within the definition of, and as defined in, §5102,
Subd. (j) of the Insurance Law of the State of New York.
15. That one (1) or more of the exceptions set forth in CPLR Section 1602 apply to this action.
16. That by reason of the foregoing, the plaintiff sustained serious personal injuries to various
parts of the body; suffered and will continue to suffer great pain and anguish in body and
mind; that plaintiff has received necessary hospital and medical attention by reason of the
injuries sustained by plaintiff; that plaintiff has necessarily received, is receiving and will
continue to receive medical care and treatment in connection with the injuries suffered by
plaintiff, and in connection with which expenses have, are and will continue to be incurred;
that plaintiff has been greatly incapacitated and has been unable to attend to plaintiff's
usual duties as plaintiff had theretofore done, and plaintiff's injuries are permanent,
protracted and disabling in nature, and allthe plaintiff's damages as against the defendant
are a sum which exceeds the jurisdictional limits of all lower courts of the State of New
York.
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WHEREFORE, plaintiff demands judgment against the defendant in an amount which
exceeds the jurisdictional limits of the lower courts of the State of New York, and in an amount
which satisfies diversity jurisdiction of the Federal Courts pursuant to 28 USCA § 1441 and 1331,
together with the costs and disbursement of this action.
Dated: Bronx, New York
July 8, 2019
PEÑA & KAHN, PLLC
Attorneys for Plaintiff
Office & P. O. Addre
1250 Waters P1 , S . 901
Bronx, New ork 461
(718) 58 55
F·
Our e N 66
By:
P GLIETTI
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V_ERIFICATION
STATE OF NEW YORK }
} ss:
COUNTY OF BRONX }
I,the undersigned, an attorney duly admitted to practice law in the State of New York,
state that I am a member of the firm PEÑA & KAHN, PLLC, attomeys of record for the plaintiff
in the within action; I have read the foregoing
COMPLAINT
and know the contents thereof; the same is true to my own knowledge except as to those matters
therein stated to be alleged upon information and belief, and as to those matters, I believe to be
true. The reason this verification is made by me and not by the plaintiff is that deponent
maintains offices outside the County in which plaintiff is in.
The grounds of my belief as to all matters not stated upon my knowledge, are as follows:
entire filemaintained in your deponent's offices, investigations, etc.
I affirm that the foregoing statements are true, under the penalties of perjury.
Dated: Bronx, New York
July 8, 2019
PIIILIP M. A LI T
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SUPREME COURT OF THE STATE OF NEW YORK Index No.
COUNTY OF NEW YORK
KEITH R. LOPEZ,
Plaintiff,
-against-
ANGEL GUTIERREZ ,
Defendant.
SUMMONS AND VERIFIED COMPLAINT
PEÑA & KAHN, PLLC
Attorneys for Plaintiff
Post Office Address and Telephone
1250 Waters Place, Suite 901
BRONX, New York 10461
Tel: (718) 585-6551
Fax: (718) 585-6618
Pursuant to 22NYCRR 130-1.1, the üñdersigned, an attorney ad itted t racti in the Courts of
New York State, certifies that, upon information and belief . n try e
contentions contained in the annexed document are not olo
G IETTI, USQ.
P ÑA & KAHN, PLLC
[ ]Notice of Entr_y
that the within isa (certified) true copy of a
duly entered in the Office of the Clerk of the within named court on 20
[ ]Notice of Settlement
that an order of which the within is a true copy
will be presented to the Hon. one of the judges of thewithin court at
on 20 at M.
Dated: Yours, etc.
PEÑA & KAHN, PLLC
1250 Waters Place, Suite 901
BRONX, New York 10461
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Preview
FILED: NEW YORK COUNTY CLERK 07/11/2019 10:50 AM INDEX NO. 156777/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/11/2019 SUPREME COURT OF THE STATE OF NEW YORK Index No. COUNTY OF NEW YORK --------------------------------------------------------------X Date Filed: KEITH R. LOPEZ, Plaintiff designates: Plaintiff, NEW YORK -against- County as the place of trial ANGEL GUTIERREZ , The basis of venue is: Location of Occurrence Defendant. -------- --------- ------------------ --X S U M M O N S Plaintiff's address: 415 Grand Street New York, New York To the above named Defendant(s): 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: Bronx, New York July 8, 2019 PEÑA & KAHN, PLLC Attorneys for Plaintiff Office & P. O. Ad 1250 Waters ace, . 901 Bronx, Yor 0461 (718 85-65 O File .. 16 PH P GLIETYf 1 of 8 FILED: NEW YORK COUNTY CLERK 07/11/2019 10:50 AM INDEX NO. 156777/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/11/2019 Defendant's Address: ANGEL GUTIERREZ 500 East Houston Street, Apt. 7D New York, NY 10002 2 of 8 FILED: NEW YORK COUNTY CLERK 07/11/2019 10:50 AM INDEX NO. 156777/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/11/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: ------------------- ¬--------------------------X KEITH R. LOPEZ, COMPLAINT Plaintiff, -against- ANGEL GUTIERREZ , Defendant. ____________ ___________________...--------- ¬--------X Plaintiff, by his attorneys, PEÑA & KAHN, PLLC, complaining of the defendant, all upon information and belief, respectfully states and alleges as follows: 1. That at alltimes herein mentioned, the plaintiff was and stillis a resident of the County of New York, and State of New York. 2. That at alltimes herein mentioned, the occurrence that gave rise to this action occurred in the County of New York , and State of New York. 3. That on or about April 12, 2019, the defendant ANGEL GUTIERREZ was the registered owner of a certain motor vehicle bearing New York License Plate No. T421760C (said vehicle hereinafter referred to as "GUTIERREZ VEHICLE"). 4. That on or about said date, the defendant ANGEL GUTIERREZ was the titleowner of the GUTIERREZ VEHICLE. 5. That on or about said date, the defendant ANGEL GUTIERREZ operated the GUTIERREZ VEHICLE. 6. That alltimes herein mentioned, the plaintiff was a lawful pedestrian. 7. That on April 12, 2019, at approximately 7:00 a.m., the defendant ANGEL GUTIERREZ operated the GUTIERREZ VEHICLE along and upon Grand Street at or near its intersection with Essex Street in the County of New York , and State of New York. 3 of 8 FILED: NEW YORK COUNTY CLERK 07/11/2019 10:50 AM INDEX NO. 156777/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/11/2019 8. That at said time and place, the vehicle being operated and controlled by the defendant came into contact with the plaintiff. 9. That as a result of the happening of the said occurrence complained of, plaintiff sustained grievous personal injuries and attendant damage. 10. That the said occurrence and the injuries resulting therefrom and sustained by the plaintiff were caused by reason of the negligence and carelessness of the defendant without any fault or negligence on the part of the plaintiff contributing thereto. 11. That the defendant was negligent in failing to keep his vehicle under proper control; in operating vehicle at an excessive rate of speed under the existing traffic conditions; in failing to keep said vehicle at a safe and proper distance from the plaintiff; in failing to make use of a proper horn or other signal or warning device; in operating said vehicle at an improper rate of speed on the said roadway; in failing to yield to the right of way; in disregarding the traffic conditions then and there existing; in disregarding a traffic device; in causing, allowing and permitting his vehicle to come into contact with the plaintiff; in failing to keep a proper lookout; in failing to give any signal or warning of approach; in failing to make proper use ofthe brakes or braking equipment; and in failing to make proper use of the steering mechanism. injury" 12. That as a result of the foregoing, the plaintiff suffered a "serious as defined by §5102, Subd. (d) of the Insurance Law of the State of New York. 13. That by reason thereof, the plaintiff is entitled to recover for non-economic loss and for loss" such economic losses as are not included within the definition of "basic economic as set forth in §5102 Subd. (a) of the Insurance Law of the State of New York. 4 of 8 FILED: NEW YORK COUNTY CLERK 07/11/2019 10:50 AM INDEX NO. 156777/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/11/2019 person" 14. That the plaintiff is a "covered within the definition of, and as defined in, §5102, Subd. (j) of the Insurance Law of the State of New York. 15. That one (1) or more of the exceptions set forth in CPLR Section 1602 apply to this action. 16. That by reason of the foregoing, the plaintiff sustained serious personal injuries to various parts of the body; suffered and will continue to suffer great pain and anguish in body and mind; that plaintiff has received necessary hospital and medical attention by reason of the injuries sustained by plaintiff; that plaintiff has necessarily received, is receiving and will continue to receive medical care and treatment in connection with the injuries suffered by plaintiff, and in connection with which expenses have, are and will continue to be incurred; that plaintiff has been greatly incapacitated and has been unable to attend to plaintiff's usual duties as plaintiff had theretofore done, and plaintiff's injuries are permanent, protracted and disabling in nature, and allthe plaintiff's damages as against the defendant are a sum which exceeds the jurisdictional limits of all lower courts of the State of New York. 5 of 8 FILED: NEW YORK COUNTY CLERK 07/11/2019 10:50 AM INDEX NO. 156777/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/11/2019 WHEREFORE, plaintiff demands judgment against the defendant in an amount which exceeds the jurisdictional limits of the lower courts of the State of New York, and in an amount which satisfies diversity jurisdiction of the Federal Courts pursuant to 28 USCA § 1441 and 1331, together with the costs and disbursement of this action. Dated: Bronx, New York July 8, 2019 PEÑA & KAHN, PLLC Attorneys for Plaintiff Office & P. O. Addre 1250 Waters P1 , S . 901 Bronx, New ork 461 (718) 58 55 F· Our e N 66 By: P GLIETTI 6 of 8 FILED: NEW YORK COUNTY CLERK 07/11/2019 10:50 AM INDEX NO. 156777/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/11/2019 V_ERIFICATION STATE OF NEW YORK } } ss: COUNTY OF BRONX } I,the undersigned, an attorney duly admitted to practice law in the State of New York, state that I am a member of the firm PEÑA & KAHN, PLLC, attomeys of record for the plaintiff in the within action; I have read the foregoing COMPLAINT and know the contents thereof; the same is true to my own knowledge except as to those matters therein stated to be alleged upon information and belief, and as to those matters, I believe to be true. The reason this verification is made by me and not by the plaintiff is that deponent maintains offices outside the County in which plaintiff is in. The grounds of my belief as to all matters not stated upon my knowledge, are as follows: entire filemaintained in your deponent's offices, investigations, etc. I affirm that the foregoing statements are true, under the penalties of perjury. Dated: Bronx, New York July 8, 2019 PIIILIP M. A LI T 7 of 8 FILED: NEW YORK COUNTY CLERK 07/11/2019 10:50 AM INDEX NO. 156777/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/11/2019 SUPREME COURT OF THE STATE OF NEW YORK Index No. COUNTY OF NEW YORK KEITH R. LOPEZ, Plaintiff, -against- ANGEL GUTIERREZ , Defendant. SUMMONS AND VERIFIED COMPLAINT PEÑA & KAHN, PLLC Attorneys for Plaintiff Post Office Address and Telephone 1250 Waters Place, Suite 901 BRONX, New York 10461 Tel: (718) 585-6551 Fax: (718) 585-6618 Pursuant to 22NYCRR 130-1.1, the üñdersigned, an attorney ad itted t racti in the Courts of New York State, certifies that, upon information and belief . n try e contentions contained in the annexed document are not olo G IETTI, USQ. P ÑA & KAHN, PLLC [ ]Notice of Entr_y that the within isa (certified) true copy of a duly entered in the Office of the Clerk of the within named court on 20 [ ]Notice of Settlement that an order of which the within is a true copy will be presented to the Hon. one of the judges of thewithin court at on 20 at M. Dated: Yours, etc. PEÑA & KAHN, PLLC 1250 Waters Place, Suite 901 BRONX, New York 10461 8 of 8