FILED: NEW YORK COUNTY CLERK 12/03/2013 INDEX NO /2013 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/03/2013

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1 FILED: NEW YORK COUNTY CLERK 12/03/2013 INDEX NO /2013 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/03/2013 SUPREME COURT OF THE STATE OF NEW YORK X INDEX NO.: /13E WALTER GOOLSBY, Plaintiff(s), THIRD-PARTY SUMMONS Defendant(s) X OUR FILE NO: Third-Party Plaintiff(s), VYTAL Y DERKACH, Third-Party Defendant(s) X INDEX NO: TO THE ABOVE NAMED THIRD PARTY DEFENDANT: YOU ARE HEREBY SUMMONED and required to appear and serve upon the Third-Party Plaintiffs' attorneys an answer to the annexed complaint of the Third-Party Plaintiff(s), which is herewith served upon you together with all prior pleadings, etc., in the action, within twenty days after the service thereof, exclusive of the day of service, or within thirty days, after service is complete, if any service is made upon you by any method other than personal delivery to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the Third-Party complaint. Dated: Brooklyn, New York November 26, 2013 TO: See Rider Yours, etc., BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C. Attorneys for Defendant(s) and Third Party Plaintiff(s) JUAN HERNANDEZ One Metrotech Center Brooklyn, NY (212)

2 RIOER TO: OKUN, 0000 & BABAT, P.C. Attorneys for Plaintiff 8 WEST 38 TH ST. NEW YORK, NY (212) File No.: 9697 STATE FARM INSURANCE P.O. BOX ATLANTA, GA Policy #: COMPANY BY HANO: VYTAL Y OERKACH 2850 SHORE PKWY., #5F BROOKLYN, NY 11235

3 SUPREME COURT OF THE STATE OF NEW YORK X INDEX NO.: /13 E WALTER GOOLSBY, Plaintiff(s), THIRD-PARTY COMPLAINT Defendant(s). File No.: X Third-Party Plaintiff(s), VYTAL Y DERKACH, Third-Party Defendant(s) X INDEX NO.: Defendant(s)/Third-Party Plaintiff(s), by his attorneys, BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C., complaining of the Third-Party Defenda!1t(s), upon information and belief allege: 1. Nail times hereinafter mentioned, Third-Party Plaintiff(s), owned 1:1 certain motor vehicle bearing registration number T454411C for the year of At all times hereinafter mentioned, Third-Party Plaintiff(s), is the registered owner of a certain motor vehicle bearing registration T C for the year of At all times hereinafter mentioned, the Third-Party Plaintiff(s), JUAN HERNANDEZ, used, operated and controlled a certain motor vehicle bearing registration number T454411C for the year of At all times hereinafter mentioned, the Third-Party Defendant(s), VYTAL Y DERKACH, owned a certain motor vehicle bearing registration number 66655MC for the year of 2009,

4 5. At all times hereinafter mentioned, the Third-PartyDefendant, VYTALY DERKACH, is the title owner of a certain motor vehicle bearing registration number 66655MC for the year of At all times hereinafter mentioned, the Third-Party Defendant, VYTALY DERKACH, is the registered owner of a certain motor vehicle bearing registration number 66655MC for the year of At all times hereinafter mentioned, the Third-Party Defendant(s), VYTALY DERKACH, used, operated and controlled a certain motor vehicle bearing registration number 66655MC for the year of That on or about the March 30, 2013, the aforementioned motor vehicles were involved in an accident on/about WEST 133 RD STREET AND THE INTERSECTION OF LENOX AVENUE, IN THE COUNTY, CITY AND STATE OF NEW YORK. 9. At all times hereinafter mentioned, the afore-mentioned vehicle owned and operated by the Third-Party Defendant, VYTAL Y DERKACH, was negligently, carelessly and illegally parked. 10. At all times hereinafter mentioned, the afore-mentioned vehicle owned and operated by the Third-Party Defendant, VYTAL Y DERKACH, negligently, carelessly and illegally moved out of its illegally parked position, made a sudden and careless turn, thus causing the subject collision. 11. The aforementioned accident was caused solely by the carelessness and negligence of the Third-Party Defendant(s), its/his/her/their agents, servants or employees, and without any negligence of any Third-Party Plaintiff(s) contributing thereto. 12. That the Third-Party Defendant(s) was negligent, careless and reckless in the ownership, management, maintenance, operation and control of Third-Party Defendants' aforementioned motor vehicles in that such vehicle was operated in a careless and negligent manner; in operating this vehicles in violation of the regulations, statutes and ordinances; in such cases made and provided, that the operator of such vehicle failed to observe or disregarded traffic and traffic conditions then and there existing, to his knowledge or which he could have ascertained by exercise of reasonable diligence; in operating said vehicle in such a careless and negligent manner as to cause the aforementioned accident; in failing to take proper means and precautions to prevent the happening of the accident herein; in failing to avoid the same; and was otherwise negligent and careless in the premises. 13. Plaintiff in the primary action, sues to recover damages for the bodily injuries allegedly sustained in and as a result of the aforementioned accident, as more particularly alleged in the complaint in such action, a copy of which is hereto annexed and made part hereof.

5 14. If any above-named Plaintiff was caused to sustain bodily injuries at the place and time set forth in the said Plaintiff's aforementioned complaint, through any carelessness or negligence, other than Plaintiff's own carelessness or negligence, such damages were caused solely by reason of the active and primary negligence and carelessness of each Third-Party Defendant(s), his agents, servants, and employees. 15. By reason of the premises, in the event that any Plaintiff recovers judgment in the above-entitled action against the undersigned Defendant(s) and Third-Party Plaintiff(s), the said Third-Party Plaintiff(s) are entitled to be indemnified therefore, in whole or in part, by the Third-Party Defendant(s)., WHEREFORE, in the event that the Plaintiff(s) recovers judgment against any Third-Party Plaintiff(s), as a Defendant(s) in the above entitled action, each such Third- Party Plaintiff(s) hereby demands judgment of indemnification therefore against each Third-Party Defendant(s) for the amount of each Plaintiff's judgment; or in the alternative for such part of each said judgment as is apportion able to the negligence of each Third-Party Defendant(s) as compared to the negligence, if any, of each Third- Party Plaintiff(s), together with interest, costs and disbursements. Dated: Brooklyn, New York November 26, 2013 Yours, etc, BAKER, McEVOY, MORRISSEY & & MOSKOVITS, P.C. Attorney for Defendant(s)fThird-Parly Plaintiff(s): JUAN HERNANDEZ One Metrotech Center Brooklyn, NY (212)

6 ATTORNEY VERIFICATION State of New York ) ) ss: County of Kings ) RONIT Z. MOSKOVITS, as an attorney at law, hereby affirms pursuant to the C.P.L.R. and subscribing as true under the penalties of perjury, as follows: That the affirmant is associated with the law firm of BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C., attorneys of record for the third-party plaintiffs in the above entitled action. That the affirmant has read the foregoing Third-Party Summons and Complaint and knows the contents thereof; that same is true to his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as those matters, he believes them to be true. This verification is made by Affirmant and not by Defendant(s), because said Defendant(s) were not within the County in which the firm of BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C., maintains their offices for the practice of law when this THIRD-PARTY SUMMONS & COMPLAINTS was drafted. The grounds of Affirmant's are as follows: belief as to all matters not stated upon his knowledge, BOOKS AND RECORDS MAINTAINED BY THE LAW FIRM OF BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C.AND INFORMATION SUPPLIED BY THE AMERICAN TRANSIT INSURANCE COMPANY. Dated: Brooklyn, New York November 26,2013

7 SUPREME COURT OF THE STATE OF NEW YORK WALTER GOOLSBY, I I - against - Plaintiff,? 7U }-:; Defendant. Index No: SUMMONS To the above named defendant: YOU ARE HEREBY SUMMONED to answer 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)' attorneys 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. Plaintiff designates New York County as the place of trial. The basis of the venue is the residence of defendant, 9 Sickles Street, New York, New York, County of New Yark. Dated: November 7, 2013 By: OKUN, ODDO & BABAT, P.C... <?.---.-/ '?~ Eric M. Babat, Esq. Attorneys for Plaintiff 8 West 38th Street New York, New York (212) File: 9697 Defendant's address: JUAN HERNANDEZ: 9 Sickles Street, Apt. 3D, New York, New York 10040,'\~

8 SUPREME COURT OF THE STATE OF NEW YORK WALTER GOOLSBY, Plaintiff, Defendant. Index No: VERIFIED COMPLAINT Plaintiff, WALTER GOOLSBY, by his attorneys, OKUN, ODDO & BABAT, P.C., as and for his Complaint, respectfully alleges, upon information and belief: I. The defendant, at all times herein mentioned was and still is a resident of the County of New York and the State of New York. 2. On or about March 30, 2013, Budget Car Rental owned a certain 2013 Nissan, bearing license plate number PA GXY On or about March 30, 2013, plaintiff, WALTER GOOLSBY, was the operator ofa certain 2013 Nissan, bearing license plate number PA GXY On or about March 30, 2013, defendant, was the registered owner of a certain 2006 Ford, bearing license plate number NYS T454411C. 5. On or about March 30, 2013, defendant, was the titled owner of a certain 2006 Ford, bearing license plate number NYS T454411C. 6. On or about March 30, 2013, defendant, maintained a certain 2006 Ford, bearing license plate nulllber NYS T C. 7. On or about March 30, 2013, defendant, controlled a certain 2006 Ford, bearing license plate number NYS T4544 I I C. 8. On or about March 30, 2013, defendant, was the operator of a certain 2006 Ford, bearing license plate number NYS T C. 9. On or about March 30, 2013, the vehicle operated by the defendant, came in contact with the vehicle operated by the plaintiff, WALTER GOOLSBY, on West 133rd

9 Street at or near the intersection of Lenox Avenue, New York, New York. 10. Solely as a result of the defendant's negligence, carelessness and recklessness the plaintiff, WALTER GOOLSBY, was caused to suffer severe and serious personal injuries to mind and body, and was subjected to great physical pain and mental anguish. II. The aforesaid occurrence was caused by the negligence of the defendant, without any culpable conduct on the part of the plaintiff. 12. As a result of the foregoing, the plaintiff, WALTER GOOLSBY, sustained serious personal injuries as defined in Section 51 02( d) of the Insurance Law of the State of New York, and/or economic loss greater than basic economic loss as defined in Section 5102(a) of the Insurance Law of the State of New York. 13. This action falls within one or more of the exemptions set forth in Section 1602 of the Civil Practice Law and Rules. 14. Due to defendant's negligence, plaintiff, WALTER GOOLSBY, is entitled to damages in an amount exceeding the monetary jurisdictional limits of all lower Courts which would otherwise have jurisdiction over this matter. WHEREFORE, the plaintiff demands judgment awarding damages, in an amount exceeding the monetary jurisdictional limits of all lower Courts which would otherwise have jurisdiction over this matter, together with interest, costs and disbursements of this action, and such other and further relief as this Court deems just and proper. Dated: New York, New York November 7,2013 By<- OKUN, ODDO & BABAT, P.C. '.>:? d~~ Eric M. Babat, Esq. Attorneys for Plaintiff 8 West 38th Street, Suite 1002 New York, New York (212) File: 9697

10 SUPREME COURT OF THE STATE OF NEW YORK W ALTER GOOLSBY, Plaintiff, Defendant. Index No: VERIFICA non STATE OF NEW YORK } ss.: The undersigned, an attorney admitted to practice in the Courts of the State of New York, hereby affirms under the penalties of perjury as follows: That affirmant is the attorney for the plaintiff in the within action; that affirmant has read the foregoing COMPLAINT and knows the contents thereof; that the same is true to affirmant's knowledge, except the matters stated to be alleged on information and belief, and that those matters affirinant believes to be true. The reason this verification is made by affirmant and not by the plaintiff is that the plaintiff does not reside. in the County in which affirmant maintains an office. T:le grounds of belief as to all matters not stated upon affirmant's knowledge are documents, correspondence and records maintained in affirmant's files and conversations and conferences had with the plaintiff. Dated: New York, New York November 7, 2013 <7/--Z& ERIC M. BABAT.

11 Index No: SUPREME COURT, STATE OF NEW YORK ~'f,;l!lt-'c \~J;'1 _ "'1'. WALTER GOOLSBY,> S>~" \ '{}:PI. ;"..~r~ \\\\."~.\' ~..I~,\~J.""- - against - ~;;;P Defendant. SUMMONS and VERIFIED COMPLAINT OKUN 0000 & BABAT, P.e. Attorneys for Plaintiff 8 West 38th Street - Suite 1002 New York, N.Y (212)

12 AFFIDAVIT OF SERVICE BY MAIL State of New York ) ) ss : County of Kings ) TOYIN AREMU, being duly affirmed deposes and says: Deponent is not a party to this action; is over 18 years of age, and resides in Kings County, New York. On November 27,2013, deponent served the within THIRD PARTY SUMMONS & COMPLAINT upon the attorneys listed below, at his/her/its listed addresses which were so designated by said attorneys for said purpose, by depositing a true copy of same enclosed in a post paid properly addressed wrapper in a post office under the exclusive care and custody of the U.S. Postal Service within the State of New York. To: PLEASE SEE RIDER RONITZ MOSKOVITS Notary Public. StJte of New York No. 021IOG Qual.,lled ;n N."w Yo/:!\ ol'7jr Commission f'i'"es~~tf{f-l-

13 Index No.: /2013E SUPREME COURT OF THE STATE OF NEW YORK WALTER GOOLSBY, Plaintiff(s), Defendant(s). Third-Party Plaintiff(s), VYTAL Y DERKACH, Third-Party Defendant(s). THIRD-PARTY SUMMONS & COMPLAINT BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C. Attorneys for Defendant(s)fThird-Parly Plaintiff(s): JUAN HERNANDEZ Office and Post Office Address, Telephone One Metrotech Center Brooklyn, NY (212) Rule 130 Certification: Signing requirement pursuant to