FILED: NEW YORK COUNTY CLERK 07/15/2024 12:30 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 156397/2024
`
`RECEIVED NYSCEF: 07/15/2024
`
`SUPREMECOURTOFTHE STATEOF NEWYORK
`COUNTYOF NEWYORK
`BRYCECLARKE,
`
`---------------------------------------------------------------------X
`
`Index No.:
`
`Plaintiff,
`
`VERIFIED COMPLAINT
`
`-against-
`THECITY OF NEWYORK,POLICE OFFICER
`VINCENTJ. FULGIERI and POLICE OFFICER
`"JOHN DOE"
`name, real nameunknown)
`
`(fictitious
`
`,
`
`Defendants.
`
`by and through his attorney,
`as and for his Complaint,
`Plaintiff,
`OFFICESOF SEANH. ROONEY,complaining
`
`of
`
`the defendants,
`
`the LAW
`
`respectfully
`
`sets forth
`
`and belief
`and allege upon information
`as follows:
`AS ANDFORA FIRST CAUSEOFACTION
`
`That at all
`
`1.
`
`2.
`
`and belief,
`and upon information
`the times herein alleged,
`of the County of Kings, City and State of NewYork.
`plaintiff was and still
`is a resident
`That the defendant THE CITY OF NEWYORK(hereinafter
`"CITY") was
`under and by virtue
`and existing
`
`was and still
`
`is a resident
`
`of
`
`times hereinafter
`
`mentioned,
`
`"P.O. FULGlERI")
`
`1 of 8
`
`duly organized
`
`of
`
`is a Municipal Corporation
`and still
`the laws of the State of NewYork.
`Upon information
`and belief,
`that at all
`3.
`Defendant POLICE OFFICERVINCENTJ. FULGIERI (hereinafter
`the State of NewYork.
`
`

`

`FILED: NEW YORK COUNTY CLERK 07/15/2024 12:30 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 156397/2024
`
`RECEIVED NYSCEF: 07/15/2024
`
`4.
`
`that
`
`at all
`
`(hereinafter
`
`times hereinafter
`mentioned,
`P.O. JOHNDOE) was and still
`
`Upon information
`and belief,
`Defendant POLICE OFFICER"JOHN DOE"
`of the State of NewYork.
`times hereinafter mentioned defendant P.O. FULGIERI was and
`That at all
`in the Police Department of the CITY OF NEWYORK.Suit
`and in his official
`brought against him individually
`capacity.
`times hereinafter mentioned defendant P.O. JOHNDOEwas
`That at all
`in the Police Department of the CITY OF NEWYORK.Suit
`and in his official
`brought against him individually
`
`is a resident
`
`5.
`
`is an officer
`
`still
`
`6.
`
`and still
`
`is an officer
`
`is being
`
`is being
`
`6.
`
`That at
`
`occurrence
`the time of the aforesaid
`the CITY OF NEWYORKwithin
`
`the defendants were acting as
`
`the scope of
`
`their
`
`authority,
`
`an employee and agent of
`
`capacity.
`
`and under color of
`
`law.
`
`7.
`
`That at all
`
`times hereinafter
`
`mentioned,
`
`was the owner of a certain
`2017 Ford police
`17 in the State of NewYork.
`
`vehicle
`
`8.
`
`That at all
`
`times hereinafter
`
`mentioned,
`
`defendant CITY OF NEWYORK
`plate number 5749-
`
`bearing license
`
`defendant CITY OF NEWYORK
`plate number 5749-17 in the
`
`leased a certain 2017 Ford police
`State of NewYork.
`
`vehicle bearing license
`
`9.
`
`That at all
`
`times hereinafter
`
`mentioned,
`
`and managed a certain
`2017 Ford police
`maintained
`number 5749-17 in the State of NewYork.
`
`defendant CITY OF NEWYORK
`
`vehicle
`
`bearing license plate
`
`2 of 8
`
`

`

`FILED: NEW YORK COUNTY CLERK 07/15/2024 12:30 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 156397/2024
`
`RECEIVED NYSCEF: 07/15/2024
`
`10.
`
`That at all
`
`times hereinafter
`
`mentioned,
`
`defendant P.O. FULGlERI
`
`a certain 2017 Ford police
`operated and controlled
`5749-17 in the State of NewYork.
`
`vehicle
`
`bearing license
`
`plate number
`
`11.
`
`That at all
`
`times hereinafter
`
`mentioned,
`
`defendant P.O. FULGIERI
`
`operated and controlled
`
`the aforementioned
`
`vehicle with permission
`
`and consent
`
`of the
`
`owner.
`
`12
`
`That at all
`
`times hereinafter
`
`mentioned,
`
`defendant P.O. FULGIERI
`
`operated and controlled
`
`the aforementioned
`
`vehicle
`
`in furtherance
`
`of his employment.
`
`13.
`
`intersection
`
`mentioned, West 34th street
`at or near
`That at all
`times hereinafter
`with 7th Avenue in NewYork County, NewYork, was and is a public
`
`the
`
`thoroughfare.
`highway and/or
`That on or about June 22, 2023, Plaintiff was a lawfully
`
`14.
`
`riding
`
`his bicycle
`
`at
`
`the aforementioned
`
`location.
`
`15.
`
`vehicle owned and operated by the defendants
`
`That on the June 22, 2023, at the aforementioned
`came into contact with plaintiff's
`
`location,
`
`the motor
`
`bicycle,
`
`thereby causing severe personal
`
`injuries
`
`to plaintiff
`
`as herein alleged.
`
`16.
`
`That the aforesaid
`
`contact was such violent
`
`nature that
`
`plaintiff was
`
`violently
`
`propelled
`
`in and about
`
`the motor vehicle
`
`thereby
`
`sustaining
`
`severe, permanent
`
`and painful
`
`injuries
`
`to the plaintiff's
`
`person.
`
`therefrom were due
`
`accident and injuries
`the aforesaid
`resulting
`of the careless and negligent manner in which the
`and managed their motor vehicles
`
`17.
`
`That
`
`solely and wholly as a result
`
`defendants
`
`owned, operated, maintained,
`
`controlled
`
`without
`
`this
`
`plaintiff
`
`in any way contributing
`
`thereto.
`
`3 of 8
`
`

`

`FILED: NEW YORK COUNTY CLERK 07/15/2024 12:30 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 156397/2024
`
`RECEIVED NYSCEF: 07/15/2024
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`18.
`
`That
`
`the defendants
`
`are guilty
`
`of negligence
`
`on the premises
`
`that
`
`they:
`
`operated the motor vehicles with utter
`
`disregard for
`
`the safety
`
`of other persons and
`
`motorists
`
`using public
`
`street and highways;
`
`in the negligent
`
`ownership,
`
`operation and
`
`control
`
`of the motor vehicle;
`
`in disregarding
`
`a red traffic
`
`light;
`
`in failing
`
`to activate
`
`light
`
`and sirens
`
`or otherwise
`
`give warning to other
`
`that
`
`they were entering the intersection
`
`against a red traffic
`
`light;
`
`in failing
`
`to control
`
`traffic
`
`in the roadway such that defendant's
`
`vehicle
`
`could safely enter
`
`the intersection
`
`against
`
`the traffic
`
`light;
`
`in failing
`
`to have his
`
`attention
`
`before him in the instance;
`
`in failing
`
`to take cognizance of
`
`the character
`
`of the
`
`roadway and the vehicles
`
`thereat;
`
`in failing
`
`to apply the brakes of the motor vehicle
`
`properly
`
`and in time to avoid the occurrence;
`
`in failing
`
`to properly observe plaintiff's
`
`motor vehicle;
`
`to use proper precaution;
`
`to have the motor vehicle
`
`in failing
`
`under proper
`
`control;
`
`the motor vehicle
`
`in allowing
`in causing and allowing the motor vehicle
`
`plaintiff;
`
`in failing
`to come into contact with that of
`
`to be operated
`
`at an excessive
`
`rate of
`
`speed under the circumstances;
`
`in failing
`
`to give plaintiff's
`
`notice or warning of
`
`the
`
`impending
`
`occurrence;
`
`in failing
`
`to apply the brakes;
`
`in failing
`
`to sound warning;
`
`in
`
`changing
`
`lanes in an unsafe manner;
`
`in failing
`
`to obey traffic
`
`lights
`
`or traffic
`
`signs;
`
`in
`
`failing
`
`to give proper warning to other vehicles;
`
`in failing
`
`to avoid the occurrence
`
`although defendants
`
`had opportunity
`
`to do so;
`
`in failing
`
`to use due care in the operation
`
`of the motor vehicle
`
`under the circumstances;
`
`in failing
`
`to properly
`
`instruct
`
`its officers
`
`of
`
`proper practices
`
`and procedures;
`
`and in failing
`
`to adequately
`
`train
`
`its officers.
`
`19.
`
`the foregoing
`
`and the negligence
`
`of the defendants,
`
`the
`
`That by reason of
`plaintiff was severely
`
`injured,
`
`bruised, wounded, suffered,
`
`still
`
`suffers,
`
`and will
`
`continue
`
`4 of 8
`
`

`

`FILED: NEW YORK COUNTY CLERK 07/15/2024 12:30 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 156397/2024
`
`RECEIVED NYSCEF: 07/15/2024
`
`to suffer
`
`for sometime physical pain and bodily
`
`injuries
`
`and became sore sick lame and
`
`disabled and so remained for a considerable
`
`length
`
`of
`
`time.
`
`20.
`
`That by reason of
`
`the foregoing,
`
`necessarily
`
`require medical
`
`aid and attention
`
`the plaintiff was compelled to and did
`pay and become liable
`
`and did necessarily
`
`therefor
`
`for medicines,
`
`and upon information
`
`and belief,
`
`the plaintiff
`
`will
`
`necessarily
`
`incur similar
`
`expenses.
`
`21.
`
`That by reason of
`
`the foregoing,
`
`the plaintiff
`
`has been unable to attend to
`
`his usual occupation
`
`in the manner required.
`
`22.
`
`That by reason of the wrongful,
`
`negligent and unlawful actions of the
`
`as defined in Section §
`serious
`sustained
`the plaintiff
`defendants
`aforesaid,
`5012(d) of the Insurance Law of the State of NewYork, and has sustained economic
`than basic economic loss as defined in Section § 5012 of
`the said
`loss greater
`
`injuries
`
`Insurance
`
`Law.
`
`23.
`
`That one or more of the exceptions
`
`of § 1602 of the Civil Practice Law and
`
`Rules do apply to the within
`
`action.
`
`24.
`
`That as a result
`
`of the foregoing,
`
`the plaintiff
`
`sustained damages in the
`
`25.
`
`The Plaintiff
`
`repeats,
`
`reiterates
`
`and re-alleges
`
`sumof which exceeds the jurisdiction
`lower Courts.
`of all
`AS ANDFORA SECONDCAUSEOFACTION
`each and every allegation
`through "24" as if
`
`contained
`
`in the paragraphs of the Complaint
`
`numbered "1"
`
`fully
`
`set
`
`forth
`
`herein at
`
`length.
`
`26.
`
`That Defendants failed
`
`to exercise
`
`reasonable
`
`care in selecting,
`
`hiring,
`
`retaining
`
`and training
`
`its employees and/or agents. At the time defendants
`
`hired,
`
`5 of 8
`
`

`

`FILED: NEW YORK COUNTY CLERK 07/15/2024 12:30 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 156397/2024
`
`RECEIVED NYSCEF: 07/15/2024
`
`retained
`
`and trained
`
`reasonable
`
`known that said officers
`
`said employees and/or agents, defendants
`of members of
`
`knew or should have
`
`would violate
`
`the rights
`
`the general
`
`public and as a direct and proximate
`
`result, would cause injuries
`
`as alleged herein.
`
`27.
`
`As a direct and proximate
`
`result
`
`of Defendanes negligent
`
`selection,
`
`hiring,
`
`has suffered and continues
`
`and training,
`retention
`plaintiff
`to damages in the sum exceed the jurisdictional
`WHEREFORE,plaintiff
`demands judgment against
`
`limits
`
`of all
`
`to suffer
`
`injuries
`
`entitling
`
`him
`
`lower Courts.
`
`the defendant
`
`in the sum
`
`which exceeds the jurisdiction
`
`of all
`
`lower courts,
`
`together with the costs and
`
`disbursements
`action.
`of
`this
`Dated: Brooklyn, NewYork
`July 15, 2024
`
`Law
`By:
`
`an H. Rooney
`ice
`SEANH. ROONEY,ESQ.
`Attorneys
`for Plaintiff
`
`6 of 8
`
`

`

`FILED: NEW YORK COUNTY CLERK 07/15/2024 12:30 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 156397/2024
`
`RECEIVED NYSCEF: 07/15/2024
`
`INDIVIDUAL VERIFICATION
`STATEOFNEWYORK )
`COUNTYOFKings
`
`) s.s.:
`
`1, the undersigned,
`I am
`in the within
`
`action.
`
`the
`
`being duly sworn, depose and say:
`
`one of the
`
`Plaintiff(s)
`
`Defendant(s)
`
`AMENDEDCOMPLAINT
`COMPLAINT
`I have read the foregoing
`SUPPLEMENTBILL OFPARTICULARS
`BILL OFPARTICULARS
`The same is true to myown knowledge, except as to the matters
`And know the contents
`thereof.
`to be
`I believe it
`and as to those matters
`to be alleged on information
`and belief,
`stated
`therein
`as to all matters not stated upon myown knowledge are from
`true. The grounds to my belief
`obtained due to my involvement wi
`is case.
`information
`
`Sworn to before meon this
`, 202
`day of
`
`NbdARYPUBLIC
`
`SEANH. ROONEY
`Notary Public - State of NewY
`No. 02R05067378
`Quatthed in Quee
`Commission Expires
`
`7 of 8
`
`

`

`FILED: NEW YORK COUNTY CLERK 07/15/2024 12:30 PM
`NYSCEF DOC. NO. 2
`
`INDEX NO. 156397/2024
`
`RECEIVED NYSCEF: 07/15/2024
`
`SUPREMECOURTOFTHESTATEOFNEWYORK
`COUNTYOFNEWYORK
`
`---------------------------------------------------------------------X
`
`BRYCECLARKE,
`
`Index No.:
`
`Plaintiff,
`
`-against-
`
`THECITY OFNEWYORK,POLICEOFFICER
`VINCENTJ. FULGIERI and POLICEOFFICER
`"JOHNDOE"
`name, real nameunknown),
`
`(fictitious
`
`Defendants.
`_____________________________________________________________________Ç
`
`SUMMONSANDCOMPLAINT
`
`LAWOFFICE OFSEANH. ROONEY
`Attorneys
`for Plaintiff
`26 Court Street,
`Ste. 1816
`Brooklyn, NewYork 11242
`(718) 243-2168
`
`8 of 8
`
`