FILED: NEW YORK COUNTY CLERK 02/20/ :18 PM

Transcription

1 FILED: NEW YORK COUNTY CLERK 02/20/ :18 PM INDEX NO /2014 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 02/20/2015 EXHIBIT "C"

2 SUPREME COURT OF THE statt: OP NEW YORK COUNTY OF NEW YORK ANNABEL Vk:RED, as Personal Representative of the ESTATE.; OF TESS AMELIE BURSTEIN, ANNABEL VE.RED, Individually, and YOSEF BURffIEIN, Individually, Plaintiff, -against, IvIAURICE J. WIITENBERG, Defendant. x Index No.: 1-sas44/2.01A Plaintiff designates' ew York County as the place of trial. SUM,MONS Venue is based on plaintiff's residence. Plaintiff resides at: 161 Hudson Street, Apt, 613 New York, New York YOU ARE HEREBY SUMMONED to answer the Verified Complaint in this action, and-to serve a copy of-your answer-or, if the complaint-is not served with this suturrions;m serve a notice of appearance on plaintiff's attorneys within twenty (20) 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. thirty (30) days after complelion 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 Verified Complaint, Dated,: Greenwich, Connecticut September 10, 2014 Yours, etc. IVEY, BARNUM & O'MARA, TLC 14.Esq., Sisca, Esq. or Plaintiffs A Street Greenwich, CT Telephone: (203) Facsimile: (203) jqkelly@ibolaw.com ; asisca@ibolaw,eom TO: Maurice J. Wittenberg, 27 Farmstead Lane, Water IV.511, New York 11976

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ANNABEL VERSO, as Personal Representative of the ESTATE OF TESS AMELIE BURSTEN, ANNABEL VER,ED, Individually, and YOSEF 13UR89'EIN, Individually, Index No.: /2014 Data Purchased: 9/10/2014 -against- MAURICE 3, WITTENBERG, Plaintiffs, Defendant. VgRIFIFO COMPLAINT Plaintiffs, Annabel Vered, as Personal Representative of the Estate of Tess Amelie 13tustdn, Annabel Vered, I.ndividuaily, and. Yosef Einstein, individually (collectively, Ptah-Mfrs"), by and through their attorneys, Ivey,!Barnum 46 O'Mara, LLC, complaining of defendant Maurice 3. Wittenberg, respectfully allege as follows: Parties 9,6 i 1. Plaintiff Annabel Verod was duly appointed as the Administrator of the Estate of Tess Amalie Burstein, deceased ("Tess"), on July 31, 2014, P fr 2. At all relevant times hereto, Tess, a 6 year old child, was a resident of the County of New York, State of New York. f 3, At all relevant times hereto, plaintiff Annabel Vered ("Ms. Vered"), Tess's mother, was, and still is, a resident of the County of New York, State of New York. P 4. At all relevant times hereto, plaintiff Yosef Burstein ("Mr. Burstein"), Tess's father, was, and still is, a resident of the County of New York, State of New York. 1

4 5 I!pen information and belief, at all relevant times hereto, defendant Maurice J. Wittenberg ("Defendant') was, and still is, a resident of the Town. of Water Mill, County of Suffolk, State of New York. AND FOR A FIRST CAUSIE OF ACTION Pr 6. Plaintiffs repeat and. reiterate the allegations contained in Paragraphs 1 through 5 above, as if Dilly set forth herein. DK I 7. At all relevant times her. 0, Blank Lane in Water Mill, New York was, and, still is, a public thoroughfare, fit ( 8. On June 15, 2014, Tess was playing near her family's home located at 175 Blank Lane, Water Mill, New York (the "Burstein Home") with her young friend. At all relevant times on Itine - 1-5;20-14TTess-tutd herfriend vitere -peclestrians. 0 kl 1 0. On Juno 15, 2014, at approximately 10:48 a.m Tess's friend lawfully crossed Blank Lane On June 15, 201.4, at approximately 10:48 a.m., Tess attempted to lawfully cross Blank Lane. 12. At all relevant times on June 15, 2014, Defendant operated a Toyota Prins bearing license plate number New York FiKJ 1590 (the "Vehicle"). 13. At all relevant times on June 15, 2014, Defendant owned the Vehicle, D I 14. At all times relevant hereto, Defendant maintained the Vehicle. Kf 15. At all times relevant hereto, Defendant controlled the Vehicle. 16, As Tess attempted to lawfully cross Blank Lane, Defendant caused the Vehicle he owned and operated to violently come into contact with and strike Tess (the Incident"). 2

5 1) 17. The Incident occurred as a result of the negligence, carelessness and recklessness of Defendant in the ownership, operation, management, maintenance and control of the Vehicle. K I 18. After the collision, Tess landed with force on the hood of the Vehicle. She was then thrown off the hood of the Vehicle onto the ground, some distance away from the initial point of impact. p KI19, As a result of the Incident, and prior to her death on June 15, 2014, Tess sustained severe and serious permanent physical injuries, including injuries to her head, face, abdomen, right forearm, right thigh, right foot, left hip, and left thigh, Pk/ 20, As a result of the Incident, and prior to her death on June 15, 2014, Tess sustained pain and suffering, and fear of impending death The severe and serious permanent physiafruuries sustained by and the subsequent death of Tess were occasioned without any negligence or want of care by Tess. OKI 22. By reason of the foregoing, Toss sustained a serious injury as defined in Section 5102(d) of the Insurance Law and/or economic loss greater than basic economic Loss as defined in Section of the Insurance law of the State of New York. OKI 23, The limitations of liability set fonh in CPU( 1601 do not apply to this action. p 24. By reason of the foregoing, Plaintiffs have been damaged in a sum of money having a present value in excess of the jurisdictional limits of all lower Courts which would otherwise have jurisdiction of this matter, AS AND 'FOR A SE ONO cgise OF ACTION 25. Plaintiffs repeat and reiterate the allegations contained in Paragraphs 1 through 24 above, as if' ully net forth herein, 3

6 26. At all relevant times on June 15, 2014, Defendant was negligent, careless and reckless in the ownership, operation, management, maintenance and control of the Vehicle. 27. As a result of Defendants' negligence, carelessness and recklessness, Tess sustained severe and serious permanent personal injuries, pain and suffering, and fear of impending death, all prior to her death on June 15, D K i 28, on her untimely death, Tess was survived by her mother, It Vered; her tither, Mr. Burstein; and two siblings. K j 29. Ms, Vered and Mr, Burstein are Tess's statutory disirtbutees. 30. As a result of Defendants' negligence, carelessness and recklessness, Ms. Vered and Mr. Burstein have lost, and will continue to lose, the services, income, future, assistance, care and support by"less, and sustained pecuniary damages, includifuncral, burial and other related expenses. P 31. illy reason of the foregoing, Plaintiffs have been damaged in a sum of money having a present value iu excess of the jurisdictional limits of all lower Courts which would otherwise have jurisdiction of this matter. WHEREFORE, Plaintiffs demand judgment against defendant Maurice J. Wittenberg as follows: (i) On the First Cause of Action, in a sum of money having a present value in excess of the jurisdictional limits of all lower Courts which would otherwise have jurisdiction of this matter; (ii) On the Second Cause of Action, in a sum of money having a present value in excess of the jurisdictional limits of all lower Courts which would otherwise have jurisdiction of this matter; 4

7 (iii) (iv) Interest, costs and disbursements of this action; and For such other and further relief which this Court may deem just and proper, Dated: Cheenwicb, Connecticut September 10, Yours, etc. elly, Esq. C. Sizes, Fag. s,for PlaintyYs son Street Greenwich, CT e ep ono; (203) Facsimile: (203) jcikellv@ibolaw.com 13-Mail: asiscafiflibelaw.com 5

8 STATE OF CONNECTICUT ) ) COUNTY OF FAIRFIELD ATTO&NEYS' 'ft IFICATION John Q. Kelly, being duly sworn deposes and says: I am a member of the law finn of Ivey, Barnum & O'Mara, LLC, attorneys for phdinifte herein. I have read the foregoing Verified Complaint and know the contents thereof, and upon information and belief, know the matters alleged therein to be true and accurate. My knowledge, information, and belief come from communications with plaintiffs, papers, reports and investigations regarding the incident alleged herein, - -The mason this Verification is made by deponent aiid -ribt by plaintiffs, is that plaintiffs resideinacounty other.thartthe-onean-whiehrdcperientisrliwfirnimaintains its prftnary of txce. Sworn to before me this 10th day of September, 2014, DIANA D. SIMO Notary Public of Connecticut My Commission Expires 3131/2018

9 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x ANNABEL VERED, as Personal Representative of the ESTATE OF 'TESS AMELIE BURSTEIN, ANNABEL VERED, Individually, and JOSEF BURSTEIN, Individually, against -- Plaintiffs, Index No.: /2014 WIAURICE J, WITTENBERG, Defendant. x Nona OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NO'T'ICE tbat the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant to Section ) of the Uniform Rules for the Trial Courts, This notice is being served as required by Subdivision (b) (3) of that Section, The New York: State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a. elaitned exemption (see below) as required by Section bb(e) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory 0-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment or (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section bb, consult the NYSCEF website at or contact the NYSCEF Resource Center (phone: ; efiltacongsgox; mailing address; 60 Cenire Street, New York, New York 10007),

10 Dated: Greenwich, Connecticut September 10, 2014 By: Kelly, Esq. Sisea, Esq. a,'for Plaintiffs 0 Mason Street Greenwich, CT Telephone: (203) Facsimile; (203) iake11ymholnw,eom E Mail : asisca@awaw.ccan