FILED: QUEENS COUNTY CLERK 03/06/ :01 PM INDEX NO /2017 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/06/2018

Transcription

1 NYSCEF DOC. NO. 12..

2 NYSCEF FILED DOC. : QUEENS NO. 12 COUNTY CLERK 03 / 0 1/ : 12 PM) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X INDEXNO.: ROCCO ANTHONY FERRARA, JR., Plaintiff designates QUEENS County as Plaintiff, Place of Trial -against- SUMMONS The basis of venue is TONG WANG and HUI W. YING, Plaintiff's residence QUEENS COUNTY Defendants. Plaintiff resides at 166* Street X â â â â â â â X Whitestone, N.Y 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 the summons, to serve a notice of appearance on the Plaintiffs' attorney within twenty (20) days after the service of this summons, exclusive of the day of service or within thirty (30) days after the service is complete if the summons is not personally delivered to you within the State of New York; and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Melville, New York November 2016 Yours, etc. THE ODIERNO LAW FIRM, P.C. Attorneys for Plaintiff 560 Broad Hollow Road Suite 102 Melville, New York (631) Defendant(s) address: TONG WANG HUI W. YING 2106 Amsterdam Avenue $Fff& Avenue, A4 New York, N.Y Flushing, N.Y i I 1 of 6

3 NYSCEF {F I LED DOC. : QUEENS NO. 12 COUNTY CLERK 03 / : 12 PM) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X â â â â â Index No.: ROCCO ANTHONY FERRARA, JR., -against- Plaintiff, VERIFIED COMPLAINT TONG WANG and HUI W. YING, Defendants X Plaintiff, ROCCO ANTHONY FERRARA, JR., by his attorneys, THE ODIERNO LAW FIRM P.C. complaining of the Defendants, respectfully sets forth and alleges: FIRST: At all times hereinafter mentioned, Plaintiff was and continues to be a resident of the County of Queens, State of New York. SECOND: At all times hereinafter mentioned, upon information and belief, the Defendant TONG WANG was and still is a resident of the County of New York, State of New York. THIRD: At all times hereinafter mentioned, upon information and belief, the Defendant, HUI W. Y1NG, was and still is a resident of the County of Queens, State of New York. FOURTH: That upon information and belief, the Plaintiff ROCCO ANTHONY FERRARA, JR. was the registrant/owner of a certain 2002 Toyota passenger motor vehicle bearing New York registration number FZN3687 for the year FIFTH: That upon information and belief, Defendant TONG WANG was the operator of a 2008 Toyota passenger motor vehicle bearing New York registration plate number GME4316 for the year SIXTH: That upon information and belief, the Defendant HUI W. YING was the registrant/owner of a certain 2008 Toyota passenger motor vehicle bearing New York 2 2 of 6

4 F ILED : QUEENS COUNTY CLERK 03 / 01/ : 12 PM NYSCEF DOC.' DOC. NO. 1 RECEIVED NYSCEF: 03/01/2017 NYSCEF DOC. NO. 12 registration plate number GME4316 for the year SEVENTH: At all times herein mentioned, Defendant TONG WANG was the operator of a 2008 Toyota passenger motor vehicle bearing New York registration plate number GME4316, with the knowledge, permission and consent of the owner, Defendant HUI W. YING. EIGHTH: That at all times hereinafter mentioned, 160 Street, at its intersection with 28 Avenue, in the County of Queens State of New York, was and still is a public roadway in common use by motorists. NINTH: That on the 2nd day of August 2015, ROCCO ANTHONY FERRARA, JR., was the operator of his 2002 Toyota passenger motor vehicle bearing New York registration number FZN3687. TENTH: That on the 2nd day of August 2015, Defendant TONG WANG was the operator of a 2008 Toyota passenger motor vehicle bearing New York registration plate number GME4316. ELEVENTH: That on the 2nd day of August 2015, Defendant HUI W. Y1NG was the registrant/owner of a certain 2008 Toyota passenger motor vehicle bearing New York registration plate number GME4316. TWELFTH: That on the 2nd day of August 2015, Defendant TONG WANG was operating the above stated motor vehicle with the knowledge, permission and consent of the owner, Defendant HUI W. YING. THIRTEENTH: On the 2nd day of August 2015, on 160 Street, at its intersection with 28 Avenue, in the County of Queens, State of New York, the motor vehicle operated by Defendant TONG WANG and owned by Defendant HUI W. Y1NG, came into contact with the above stated motor vehicle operated by the Plaintiff ROCCO ANTHONY FERRARA, JR.. FOURTEENTH: That it was the duty of the named Defendants to not operate their 3 3 of 6

5 INDEX NO /2017 NYSCEF FILED DOC. : QUEENS NO. 12 COUNTY CLERK 03 /01/ : 12 PM) vehicle in a careless, negligent and/or reckless manner, to property maintain, control, operate, repair their vehicle; to keep proper lookout upon the roadway, proper speed, proper equipment, and otherwise prevent and/or avoid the happening of the subject accident. FIFTEENTH: That it was the duty of the Defendants to operate the above stated motor vehicle safely, to keep same free of any defect, free from any nuisance for members of the public, such as the Plaintiff, to responsibly and lawfully use same so as not to cause said vehicle to come into collision with another motor vehicle. SIXTEENTH: That on the 2nd day of August 2015, the named Defendants were careless, reckless and/or negligent in failing to properly maintain, manage, operate and control their motor vehicle in causing, allowing and permitting the subject accident to occur. SEVENTEENTH: That as a result of the aforesaid collision, Plaintiff ROCCO ANTHONY FERRARA, JR. sustained severe and devastating injuries. EIGHTEENTH: That because of the negligence of the named Defendants, Plaintiff ROCCO ANTHONY FERRARA, JR., was caused to be injured. NINETEENTH: That by reason of the foregoing, as stated above, the Plaintiff was caused to be injured, and was not responsible in any way for the accident. TWENTIETH: That as a result of said collision, Plaintiff, ROCCO ANTHONY FERRARA, JR. suffered a serious injury as defined in Section 5102 of the Insurance Law of the State of New York. TWENTY-FIRST: That this action falls within one or more of the exceptions to Section 1602 ofthe Civil Practice Law and Rules. TWENTY-SECOND: That as a result of said collision, Plaintiff, ROCCO ANTHONY FERRARA, JR., was caused to and did suffer painful and serious injury to diverse parts of his body and limbs, causing him to become sick, sore, lame and disabled for a period of time and did 4 4 of 6

6 F I LED : QUEENS COUNTY CLERK 03 INDEX / : 12 NO /2017 NYSCEF DOC. NO. 12 PM suffer personal injuries to his mind and body, requiring him to obtain medical treatment to said injuries. The injuries sustained by this Plaintiff are permanent in their nature and character and as such, this Plaintiff prays this Court to award damages in an amount of relief as this Court deems fair and equitable. That pursuant to an amendment to 3017(c) of the CPLR, that came into effect November 27, 2003, the Plaintiff cannot assert a specific dollar amount as to the requested relief. TWENTY-THIRD: That by reason of the foregoing the Plaintiff ROCCO ANTHONY FERRARA, JR. has been damaged in the sum of money having a present value that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction in this matter. TWENTY-FOURTH: That said Defendants may, at any time, request supplemental demand of Plaintiff setting for the total damages to which the Plaintiff deem entitled. WHEREFORE, the Plaintiff seeks judgment against the Defendants in the sum of a fair and equitable amount as this Court deems just and proper, together with the costs and disbursements of this action. Dated: Melville, New ork November /<~ 2016 Yours, etc. 1 T DIE 0 LAW FIRM, P.C. orneys r Plaintiff 560 Broa - Hollow Road Suite 102 Melville, New York (631) of 6

7 NYSCEF (F I LED DOC. : QUEENS NO. 12 COUNTY CLERK 03 / : 12 PM ATTORNEY VERIFICATION JOSEPH J. ODIERNO, an attorney admitted to practice in the Courts of New York State, shows: That I am the attorney for the Plaintiff ROCCO ANTHONY FERRARA, JR. in the within-entitled action. That your deponent has read the COMPLAINT and know the contents thereof, and that the same is true to my own knowledge, except as to the matters therein states to be alleged upon information and belief and as to those matters, he believes it to be true. That the source of the deponent's information are investigation and records in the files. That the reason why the verification is made by deponent and not by the Plaintiff is that ROCCO ANTHONY FERRARA, JR. does not reside within the county wherein deponent maintains his office. Deponent affirms that the foregoing statements are true under the penalties of perjury.. Dated: Melville, New ork November +~ 2016 J EPH J. IERNO 6 6 of 6