FILED: NEW YORK COUNTY CLERK 02/07/2025 05:20 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151780/2025
`
`RECEIVED NYSCEF: 02/07/2025
`
`SUPREMECOURTOFTHESTATEOFNEWYORK
`COUNTYOFNEWYORK
`JOEYSETO,
`
`--________----------------------------------------------____________Ç
`
`Plaintiff,
`
`-Against-
`KARFALACAMARA,
`
`Defendant.
`_______---________-___________________________________________________Ç
`
`Index #
`Date Filed:
`SUMMONS
`
`designates
`Plaintiff
`NewYork County
`as Venue
`
`Venue is based on:
`CPLR503(a)-place where
`the accident happened.
`
`TOTHEABOVE-NAMEDDEFENDANTS:
`YOUAREHEREBYSUMMONEDto answer the complaint
`in this action and to serve a
`is not served with summons,to serve a notice of appearance
`copy of your answer or,
`the complaint
`if
`of the day of
`of this summons, exclusive
`on Plaintiff's
`20 days after
`within
`the service
`Attorney
`this summons is not personally
`is complete if
`(or within 30 days after
`delivered
`the service
`service
`the State of NewYork);
`to appear or answer,
`judgment
`and in case of your
`to you within
`failure
`will be taken against you by default
`the relief demandedin the complaint.
`for
`Dated: Flushing, NewYork
`February 7, 2025
`
`Yours,
`
`etc.,
`
`By: DONALDS. DOMITRZ, ESQ.
`QLWLAWGROUP,P.C.
`ATTORNEYSFORPLAINTIFF
`JOEYSETO
`37-02 Main Street,
`2nd FlOOr
`Flushing, NewYork 11354
`(212) 899-8888
`Litigation@qlwlaw.com
`
`Defendants'
`Addresses:
`KARFALACAMARA
`715 Oakland Place
`Bronx, NewYork 10457
`
`1 of 7
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`

`

`FILED: NEW YORK COUNTY CLERK 02/07/2025 05:20 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151780/2025
`
`RECEIVED NYSCEF: 02/07/2025
`
`SUPREMECOURTOFTHESTATEOFNEWYORK
`COUNTYOFNEWYORK
`JOEYSETO,
`
`-------------------------------------------------------------------X
`
`Index No.:
`
`Plaintiff,
`
`VERIFIED COMPLAINT
`
`-against-
`KARFALACAMARA,
`
`-------------------------------------------------------------------X
`
`Defendant.
`
`Plaintiff,
`
`JOEY SETO, by and through his
`
`attomeys, QLWLAW GROUP, P.C.,
`
`complaining to this Court of the above-named Defendant,
`as follows:
`alleges
`of the County of NewYork, 738 E
`JOEYSETO, was and still
`Plaintiff,
`5th Street, Apt 6B, NewYork, NewYork 10009.
`JOEYSETO, was owner and operator of a 2022 Lexus Sedan with a NYS
`
`respectfully
`
`1.
`
`2.
`
`Plaintiff,
`
`is a resident
`
`3.
`
`is a resident
`
`of
`
`the County of
`
`License Plate KUY4608.
`Defendant, KARFALACAMARA,was and still
`Bronx, 715 Oakland Place, City and State of NewYork.
`Defendant, KARFALACAMARA,was the owner of a 2018 Toyota Sedan bearing
`4.
`NYSLicense Plate Number T793764C, which is insured by American Transit
`with a policy number of C000504.
`
`Insurance Company
`
`5.
`
`That, upon information
`KARFALACAMARA, operated,
`
`and belief,
`
`at all
`
`the times hereinafter mentioned, Defendant,
`
`controlled,
`
`maintained,
`
`and managed the aforesaid motor
`
`vehicle.
`
`2 of 7
`
`

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`FILED: NEW YORK COUNTY CLERK 02/07/2025 05:20 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 151780/2025
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`RECEIVED NYSCEF: 02/07/2025
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`6.
`
`in the
`
`times hereinafter mentioned, at 907V N/B Henry Hudson Parkway,
`That at all
`County of New York, State of New York, more specifically,
`the street and roadway adjacent
`to
`Street, NewYork, NewYork,
`address known as, 907V N/B Henry Hudson Parkway, and West 955
`was and still
`
`is a public
`
`street and highway used extensively
`
`by the public
`
`in general.
`
`7.
`
`was traveling
`
`That on or about Friday, April
`22, 2022, around 6:43 p.m.,
`the Plaintiff's
`Northbound on Henry Hudson Parkway in the middle lane, when Defendants'
`
`vehicle
`
`vehicle
`
`rear-ended
`
`the Plaintiffs
`
`vehicle,
`
`causing him to suffer
`
`and sustain
`
`serious
`
`physical
`
`and mental
`
`injuries.
`
`8.
`
`Additionally,
`
`Plaintiff
`
`JOEYSETOsuffered economic damageto his motor vehicle
`
`that needs to be compensated as well.
`
`ASANDFORA FIRST CAUSEOFACTION
`
`9.
`
`Plaintiff
`
`repeats,
`
`reiterates,
`
`paragraphs of the Complaint designated
`
`"1"
`
`each and every allegation
`and realleges
`through "8"
`
`contained
`
`in the
`
`inclusive
`
`with the same force and effect
`
`as though said paragraphs were more fully
`
`and completely
`herein at
`length.
`set
`forth
`JOEYSETO, was caused to sustain
`That, as a result
`10.
`Plaintiff,
`thereof,
`as defined under Section 5102(d) of the Insurance Law of the State ofNew York or economic
`
`a serious
`
`injury
`
`loss as defined in subdivision
`
`(a) of Section 5102 of the Insurance Law.
`
`11.
`
`That
`
`the said occurrence
`
`and serious
`
`injuries
`
`sustained
`
`by this Plaintiff,
`
`JOEY
`
`SETO, was occasioned through the negligence of the Defendant
`
`in causing and permitting
`
`his motor
`
`vehicle to be operated in a negligent manner;
`
`in failing
`
`and omitting
`
`to have his motor vehicle under
`
`reasonable
`
`and proper control;
`
`in carelessly
`
`and negligently
`
`causing and permitting
`
`his motor
`
`vehicle
`
`to be operated over and along a public highway at a high and/or excessive
`
`rate of speed
`
`3 of 7
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`FILED: NEW YORK COUNTY CLERK 02/07/2025 05:20 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 151780/2025
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`RECEIVED NYSCEF: 02/07/2025
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`and/or a greater
`
`rate of speed than care and caution would permit under the circumstances
`
`then and
`
`there existing;
`
`in failing
`
`to be properly
`
`alert;
`
`in failing
`
`to make proper, prompt, and efficient
`
`use of
`
`adequate brakes and steering mechanisms;
`
`in failing
`
`to properly
`
`equip and maintain
`
`his motor
`
`vehicle;
`
`in failing
`
`to yield
`
`the right of way;
`
`in causing,
`
`his motor vehicle
`and allowing
`permitting,
`JOEYSETOwas the driver
`
`.
`
`to rear-end the Plaintiff's
`
`12.
`
`Pursuant
`
`in which Plaintiff
`motor vehicle,
`to CPLR1602(6),
`
`this action is an exception
`
`to CPLR1601 and does not
`
`limit
`
`the liability
`
`of Defendant's joint
`
`and several
`
`responsibilities.
`
`13.
`
`That by reason of the foregoing
`
`incident,
`
`the Plaintiff,
`
`JOEYSETO, was rendered
`
`sick,
`
`sore,
`
`lame, and disabled and his
`
`injuries,
`
`upon information
`
`and belief,
`
`are of a permanent
`
`character.
`
`That by reason thereof,
`
`he has been prevented
`
`from following
`
`his usual vocation and has
`
`been obliged
`
`to incur expense and obligations
`
`for medicines, medical care, medical attention,
`
`and
`
`medical
`
`treatment,
`
`and he is informed,
`
`and he verily
`
`believes,
`
`that he will,
`
`in the future,
`
`be obliged
`
`to incur expense and obligations
`
`for medicines, medical
`
`care, medical
`
`attention,
`
`and medical
`
`treatment and continuous
`
`pain and suffering
`
`and be unable to follow his current vocation,
`
`all
`
`to his
`
`damage in the sum which exceeds the jurisdictional
`
`limits
`
`of any other
`
`courts which might
`
`otherwise have jurisdiction.
`
`ASANDFORASECONDCAUSEOFACTION
`
`14.
`
`Plaintiff
`
`repeats,
`
`reiterates,
`
`paragraphs of the Complaint designated
`
`each and every allegation
`and realleges
`"1" through "13"
`
`inclusive
`
`contained
`
`in the
`
`with the sameforce and effect
`
`as though said paragraphs were more fully
`
`and completely
`
`set
`
`forth herein at
`
`length.
`
`4 of 7
`
`

`

`FILED: NEW YORK COUNTY CLERK 02/07/2025 05:20 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151780/2025
`
`RECEIVED NYSCEF: 02/07/2025
`
`JOEYSETO, injuries
`incur expenses
`he will
`of
`That as a result
`the Plaintiff's,
`15.
`than those defined as basic economic loss in Section 5102 of the NewYork State Insurance
`
`greater
`
`Law. To the extent
`
`that
`
`the expenses incurred,
`
`and other consequential
`
`losses
`
`suffered
`
`by Plaintiff
`
`are not covered by the No-Fault
`
`Insurance
`
`benefits, Defendant shall be liable
`
`to Plaintiff
`
`to the full
`
`extent
`
`thereof.
`
`16.
`
`Additionally,
`
`JOEYSETO's motor vehicle was physically
`
`damaged due to the
`
`Defendant's negligence
`
`and needs to be compensated.
`
`WHEREFORE,the Plaintiff
`
`demands a money judgment
`
`against
`
`the Defendant
`
`in an
`
`amount which exceeds the jurisdictional
`
`limits
`
`of any other courts which might otherwise
`
`have
`
`together with interest
`jurisdiction,
`Dated: Flushing, NewYork
`February 7, 2025.
`
`at the statutory
`
`amount and costs and disbursements.
`
`YOURS,et
`
`,
`
`BY: DONALDS. DOMITRZ, ESQ.
`QLWLAWGROUP,P.C.
`ATTORNEYSFORPLAINTIFF
`JOEYSETO
`37-02 MAIN STREET, 2nd FLOOR
`FLUSHING,NEWYORK11354
`(212) 899-8888
`litigation@qlwlaw.com
`
`5 of 7
`
`

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`FILED: NEW YORK COUNTY CLERK 02/07/2025 05:20 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151780/2025
`
`RECEIVED NYSCEF: 02/07/2025
`
`Donald S. Domitrz, an Attorney duly admitted
`
`ATTORNEY'SVERIFICATION
`law in the State of NewYork, affirms
`
`to practice
`
`the following
`
`under penalty of perjury:
`
`1.
`
`I aman Attorney,
`
`an Associate of the Law Firm of QLWLaw Group, P.C., Attorneys
`
`for
`
`the Plaintiff.
`
`2.
`
`I have read the forgoing Summonsand Verified Complaint and know the contents thereof
`
`and believes the matters therein
`
`alleged to be true.
`is madeby meand not
`than the one in which we maintain our office.
`
`3.
`
`The reason for
`
`this Verification
`
`the Plaintiff
`
`is that
`
`the Plaintiff
`
`resides
`
`in a county other
`
`4.
`
`The source of my information
`
`and the grounds of mybelief
`
`are communication,
`
`papers,
`
`reports,
`
`and investigation
`
`contained
`
`in the file.
`
`Dated: Flushing, NewYork
`
`February 7, 2025
`
`Donald S. Domitrz, Esq.
`
`6 of 7
`
`

`

`FILED: NEW YORK COUNTY CLERK 02/07/2025 05:20 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151780/2025
`
`RECEIVED NYSCEF: 02/07/2025
`
`SUPREMECOURTOFTHESTATEOFNEWYORK
`COUNTYOFNEWYORK
`JOEYSETO,
`
`___________________________________________________________________Ç
`
`Index No.:
`
`Plaintiff,
`
`-against-
`KARFALACAMARA,
`
`Defendant.
`___________________________________________________________________Ç
`
`_____________________________________________________________________________________________________________________
`
`VERIFIED COMPLAINT
`
`____________________________________________________________________________________..________________________________
`CERTIFICATION- PART130:
`I have served,
`or
`the papers that
`I hereby certify
`that
`all
`filed,
`(c) of the
`as defined in subsection
`legal action are not
`to the court
`submitted
`frivolous
`in this
`of the Courts.
`Rules of the Chief Administrator
`
`QLWLAWGROUP,P.C.
`Attorneys
`for Plaintiff
`EYS
`
`By:
`DONALDS. DOMITRZ, ESQ.
`37-02 Main Street,
`2Fl.
`Flushing, NY11354
`(212) 899-8888
`litigation@qlwlaw.corn
`
`7 of 7
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`