FILED: KINGS COUNTY CLERK 09/28/2018 12:48 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 519575/2018
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`RECEIVED NYSCEF: 09/28/2018
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`INDEX NO.
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`Plaintiff(s) designates
`SUPREME COURT of the STATE OF NEW
`KINGS
`YORK COUNTY OF KINGS
`
`County as the place of trial
`----------------------------------------------------------------------X
`The basis of venue is
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`"Plaintiff’s Residence"
`LATIA SPENCER,
`
`SUMMONS WITH VERIFIED COMPLAINT
`
`
` Plaintiff(s),
`Plaintiff’s Residence:
`
`674 East 86th Street
` -against-
`Brooklyn, NY 11236
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`LAWRENCE MORRIS,
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` Defendant(s),
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`----------------------------------------------------------X
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`
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`To the above named Defendant(s)
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`YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy
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`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 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 herein.
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`Dated: BROOKLYN, NEW YORK
` SEPTEMBER 28, 2018
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`Notice: The object of this action is to
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`recover for personal injury
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`due to defendant(s) negligence
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`The relief sought is Monetary Damages
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`ZWIRN & SAULINO, P.C.
`Attorney for Plaintiff
`Office and Post Office Address
`2606 East 15th Street, Suite 205
`Brooklyn, New York 11235
`(718) 615-7400
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`Upon your failure to appear, judgment will be taken against you by default for the sum which exceeds the jurisdiction of all lower courts which
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`would otherwise have jurisdiction and which warrants the jurisdiction of this court with interest from August 17, 2017 and the costs of this action
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`DEFENDANT(S) ADDRESS(ES)
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`LAWRENCE MORRIS
`130 New York Avenue
`Apt. 6
`Brooklyn, NY 11216
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`1 of 6
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`FILED: KINGS COUNTY CLERK 09/28/2018 12:48 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 519575/2018
`
`RECEIVED NYSCEF: 09/28/2018
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`--------------------------------------X
`LATIA SPENCER,
`
` Plaintiff(s),
`
` -against-
`
`LAWRENCE MORRIS,
`
` Defendant(s),
`----------------------------------------X
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`
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`
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`
`
`VERIFIED
`COMPLAINT
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`INDEX #:
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`Plaintiff(s), complaining of the defendants by her attorney upon information and belief,
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`respectfully allege(s):
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`AS AND FOR A FIRST CAUSE OF ACTION
`ON BEHALF OF PLAINTIFF LATIA SPENCER
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`That on August 17, 2017 on a public highway called Franklin Avenue at or near its
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`1.
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`intersection with Sterling Place in the County of Kings, State of New York, the defendant LAWRENCE
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`MORRIS negligently drove a motor vehicle bearing Registration #: GEK1763 NEW YORK, into
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`another motor vehicle in which plaintiff was operating.
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`2.
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`3.
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`4.
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`That this action falls within one or more of the exceptions set forth in CPLR 1602.
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`That the cause of action alleged herein arose in the County of Kings, State of New York.
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`That at the time of the commencement of this action, Plaintiff LATIA SPENCER was a
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`resident of the County of Kings, State of New York.
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`5.
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`That at the time of the commencement of this action, Defendant LAWRENCE MORRIS
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`was, and still is, a resident of the County of Kings, State of New York.
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`6.
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`That on August 17, 2017, motor vehicle bearing Registration #: GEK1763 NEW YORK
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`was owned by defendant MORRIS.
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`7.
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`That on August 17, 2017, motor vehicle bearing Registration #: GEK1763 NEW YORK
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`2 of 6
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`FILED: KINGS COUNTY CLERK 09/28/2018 12:48 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 519575/2018
`
`RECEIVED NYSCEF: 09/28/2018
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`was operated by defendant MORRIS.
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`8.
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`That on August 17, 2017, at or near the location mentioned above, motor vehicle bearing
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`Registration #: GEK1763 NEW YORK and owned and operated by MORRIS, made contact with
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`another motor vehicle bearing Registration #: T724471C NEW YORK.
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`9.
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`That on August 17, 2017, motor vehicle bearing Registration #: GEK1763 NEW YORK
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`was operated by defendant MORRIS within the scope of his employment.
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`10.
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`That defendants, their agents, servants, employees and/or licensees were negligent,
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`reckless and careless in the ownership, operation, control, management, supervision, and maintenance of
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`their said motor vehicle; in operating their said motor vehicle in a manner which unreasonably
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`endangered the plaintiff; and in failing to properly steer, guide, manage and control their said motor
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`vehicle; in causing permitting and allowing the above described motor vehicle collision; in failing to
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`take proper steps to avoid causing their motor vehicle to come into contact with Plaintiff’s vehicle; in
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`failing to properly slow down or stop their motor vehicle in sufficient time to avoid collision with the
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`vehicle operated by Plaintiff; in failing to yield the right of way; in failing to stop and/or slow down in
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`sufficient time to avoid the accident as is necessary for safe operation; in failing to verify that it was safe
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`to proceed; in failing to properly apply the brakes of their motor vehicle to avoid the collision that is the
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`subject of this claim; in failing to properly maintain and operate the braking and acceleration devices of
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`their motor vehicle; in failing to keep a proper lookout; in failing to employ that degree of caution,
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`prudence and care which was reasonable and proper under the controlling circumstances; in failing to be
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`alert and attentive; in operating their motor vehicle with reckless disregard for the safety of others,
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`including, but not limited to, the Plaintiff; in operating their motor vehicle without due regard for the
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`safety of all persons; in operating their motor vehicle in a negligent manner; and in otherwise being
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`careless, reckless, negligent; thereby contributing to the happening of the subject accident.
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`11.
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`That at all times herein mentioned, solely as a result of the defendant's negligence as
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`aforesaid, plaintiff has sustained a serious personal injury and/or impairment which resulted in
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`3 of 6
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`FILED: KINGS COUNTY CLERK 09/28/2018 12:48 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 519575/2018
`
`RECEIVED NYSCEF: 09/28/2018
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`d smemberment;
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`significant
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`disfigurement;
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`fracture;
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`permanent
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`loss
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`of
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`a body
`
`organ,
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`significant
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`limitation
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`of
`
`use
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`of
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`a body
`
`function
`
`or
`
`system;
`
`loss
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`of
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`normal
`
`pursuits
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`and
`
`and/or
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`a medically
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`determined
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`injury
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`or
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`impairment
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`which
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`prevents
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`plaintiff
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`from
`
`substantially
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`all
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`of
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`the
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`material
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`acts
`
`which
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`constituted
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`plaintiffs
`
`usual
`
`and
`
`customary
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`period
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`of
`
`time
`
`all
`
`as
`
`specified
`
`by
`
`Section
`
`5102
`
`of
`
`the
`
`Insurance
`
`Law,
`
`Subsechen
`
`(d);
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`damages
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`both
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`compcñsatory
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`and
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`exemplary
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`in
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`the
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`sum which
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`exceeds
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`the
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`jurisdenon
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`which
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`would
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`otherwise
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`have
`
`jurisdiction
`
`and which
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`warrants
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`the
`
`jurisdiction
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`of
`
`this
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`WHEREFORE,
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`the
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`plaintiff
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`demands
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`judgment
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`against
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`the
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`defendant(s)
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`in
`
`of
`
`action
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`in
`
`the
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`sum which
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`exceeds
`
`the
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`jurisdiction
`
`of
`
`all
`
`lower
`
`courts
`
`which
`
`would
`
`jurisdiction
`
`and which
`
`warrants
`
`the
`
`jurisdiction
`
`of
`
`this
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`court
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`togetlier
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`with
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`the
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`costs
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`of
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`each
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`cause
`
`of
`
`action.
`
`Dated:
`
`Brooklyn,
`
`September
`
`NY
`
`28,
`
`2018
`
`Yours,
`
`etc.
`
`ZWIRN
`
`& SAULINO,
`
`P.C.
`
`Attorney(s)
`2606
`
`East
`
`for
`15*
`
`Plaintiff(s)
`
`Street,
`New York
`
`205
`
`Suite
`
`11235
`
`Brooklyn,
`
`(718)
`
`615-7400
`
`4 of 6
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`BY: WARREN
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`

`

`FILED: KINGS COUNTY CLERK 09/28/2018 12:48 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 519575/2018
`
`RECEIVED NYSCEF: 09/28/2018
`
`ATTORNEYS
`
`VERIFICATION
`
`WARREN
`
`ZWIRN,
`
`ESQ.,
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`hereby
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`affirms
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`as
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`follows:
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`1.
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`2.
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`That
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`I am associated
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`with
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`the
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`atteriiey
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`the ph
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`for
`
`Fin
`
`the
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`within
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`action.
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`That
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`I have
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`read
`
`the
`
`foregaing
`
`SUMMONS
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`and
`
`VERIFIED
`
`COMPLAINT
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`contents
`
`thereof;
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`that
`
`the
`
`same
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`is
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`true
`
`to my knowledge,
`
`except
`
`as
`
`to
`
`the
`
`matters
`
`thereiñ
`
`on
`
`information
`
`and
`
`belief,
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`and
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`as
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`to
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`those
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`matters,
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`I believe
`
`them
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`to
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`be true.
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`3.
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`That
`
`the
`
`reason
`
`I make
`
`this
`
`verification
`
`in
`
`place
`
`and
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`in
`
`stead
`
`of
`
`the
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`plaiñüiTdoes
`
`not
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`reside
`
`in
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`the
`
`county
`
`in which
`
`her
`
`attorney
`
`=a4=+a
`
`s an
`
`office.
`
`Dated:
`
`Brooklyn,
`
`September
`
`New York
`2018
`
`28,
`
`WARREN
`
`ZWIRN,
`
`ESQ.
`
`5 of 6
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`

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`FILED: KINGS COUNTY CLERK 09/28/2018 12:48 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 519575/2018
`
`RECEIVED NYSCEF: 09/28/2018
`
`File
`#:
`INDEX
`
`NO.:
`
`SUPREME
`COUNTY
`
`COURT
`OF KINGS
`
`OF THE STATE
`
`OF NEW YORK
`
`LATIA
`
`SPENCER,
`
`-against-
`
`LAWRENCE
`
`MORRIS,
`
`Plaintiff(s),
`
`Defendant(s),
`
`SUMMONS
`
`WITH
`
`VERIFIED
`
`COMPLAINT
`
`ZWIRN
`
`Attorney
`Office
`
`& SAULINO,
`
`P.C.
`
`for
`
`Plaintiff
`
`and
`
`Post
`
`Office
`
`Address,
`
`Telephone
`
`SU1TE
`
`205
`
`EAST
`2606
`BROOKLYN,
`TELEPHONE
`AREA
`CODE
`
`15™
`STREET,
`NY 11235
`615-7400
`
`718
`
`6 of 6
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