FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151860/2023
`
`RECEIVED NYSCEF: 10/06/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`
`SUMMONS
`
`Plaintiff(s) designate RICHMOND
`COUNTY as the place of trial.
`
`The basis of venue is Plaintiffs' Residence
`Plaintiffs reside at:
`344 Colon A venue
`Staten Island, New York 10308
`
`Index No.:
`Date Summons & Complaint Filed:
`
`A.A.R., deceased by the Co(cid:173)
`Administrators of the Estate of A.A.R.,
`OMAR RODRIGUEZ, ESPERANZA
`GONZALEZ and GISELLE CRUZ,
`OMAR RODRIGUEZ AND
`ESPERANZA GONZALEZ,
`Individually,
`
`Plaintiffs,
`
`vs.
`
`ORLANDO FLORES, MARIA FLORES(cid:173)
`GIL, MAHER ASI-,MAHMOUD,
`MAJID MATANI, CHRISTOPHER
`MORA LUGO, JOSEF. MORA VEGA
`and CITY OF NEW YORK,
`
`Defendants.
`
`To the above named Defendant(s)
`
`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 this summons, to serve a notice
`of appearance on the plaintiffs' attomey(s) within twenty days after the service of this
`summons exclusive of the day of service, where services is made by delivery upon you
`personally within the state or within 30 days after completion of service where service is
`made in any other manner. In case of your failure to appear or answer, judgment will be
`taken against you by default for the relief demanded in the complaint.
`
`Dated: Staten Island, New York
`October 6, 2023
`
`mANrnl ~LY AREZ, ESQ.
`Attorneys for Pllntifffs/
`152 Stuyvesant Place, ~uite 208
`Staten Island, New York 10301
`Tel: (609) 799-1430
`
`1 of 31
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 151860/2023
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`RECEIVED NYSCEF: 10/06/2023
`
`New Jersey Office:
`
`39 North Main Street
`Cranbury, New Jersey 08512
`Tel: (609) 799-1430
`
`TO: Orlando Flores
`5 8 Herberton A venue
`Staten Island, New York 10302
`
`Maria Gil-Flores
`5 8 Herberton A venue
`Staten Island, New York 10302
`
`Maher Asi-Mahmoud
`50 Cypress Loop
`Staten Island, New York 10309
`
`Majid Matani
`1014 Rathbum A venue
`Staten Island, New York 10309
`
`Christopher Mora Lugo
`14 7 Yetman A venue
`Staten Island, New York 10307
`
`Jose F. Mora Vega
`14 7 Yetman A venue
`Staten Island, New York 10307
`City of New York
`100 Church Street
`New York, New York 10007
`Attn: Central Disposition Unit
`
`- 2 -
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`2 of 31
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151860/2023
`
`RECEIVED NYSCEF: 10/06/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`
`
`
`
`
`A.A.R., deceased by the Co-
`Administrators of the Estate of A.A.R.,
`OMAR RODRIGUEZ, ESPERANZA
`GONZALEZ and GISELLE CRUZ,
`OMAR RODRIGUEZ AND
`ESPERANZA GONZALEZ,
`Individually,
`
`
`
`vs.
`
`ORLANDO FLORES, MARIA FLORES-
`GIL, MAHER ASI-,MAHMOUD,
`MAJID MATANI, CHRISTOPHER
`MORA LUGO, JOSE F. MORA VEGA
`and CITY OF NEW YORK,
`
`
`
`
`
`
`
`
`
`
`
`
`VERIFIED COMPLAINT
`
`Index No.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`Plaintiffs, by their attorneys, Law Offices of Matthew M. McDowell, LLC,
`
`complaining of the defendants, respectfully alleges, upon information and belief, as
`
`follows:
`
`BACKGROUND
`
`1.
`
`On July 10, 2022 at approximately 6:47 p.m., eastbound on Hylan
`
`Boulevard at or near its intersection with Richard Avenue in the County of Richmond, City
`
`and State of New York (hereinafter “the crash site”), two motor vehicles were speed racing
`
`and the motor vehicle operated by defendant, Orlando Flores and defendant, Maher Asi-
`
`Mahmoud, came into contact resulting in the unfortunate and untimely death of plaintiff
`
`decedent, A.A.R.
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`3 of 31
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 151860/2023
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`RECEIVED NYSCEF: 10/06/2023
`
`2.
`
`Defendant, City of New York, was negligent, careless, reckless and grossly
`
`negligent in failing to timely erect traffic-calming measures for east and westbound traffic
`
`for the areas approximately one mile east and one mile west of the crash site; in failing to
`
`timely erect traffic control devices and other methods of technology for east and westbound
`
`traffic for the areas approximately one mile east and one mile west of the crash site; in
`
`failing to install a center roadway barrier, ie. “jersey barrier”, balustrades or similar road
`
`separating devices just before the crash site; in failing to level the roadway to a flat grade
`
`creating a condition whereby motorists lose sight of approaching motorists; in failing to
`
`take action to lessen the frequency of left turn collisions in the areas of the crash site, and
`
`in failing to construct a “safe zone” – an adequate shoulder or an escape lane/shoulder area
`
`for vehicles traveling east and west in and about the crash site.
`
`3.
`
`Defendant, Maria Flores-Gil, as the owner of the motor vehicle bearing New
`
`York State registration KWT9557 was negligent, careless, reckless, and grossly negligent
`
`in the ownership, operation, management, maintenance, repair, inspection, supervision,
`
`and control of a 2018 Ford Mustang being driven by defendant, Orlando Flores.
`
`4.
`
`Defendant Majid Matani, as the owner of the motor vehicle bearing New
`
`York State registration HVG4128 was negligent, careless, reckless, and grossly negligent
`
`in the ownership, operation, management, maintenance, repair, inspection, supervision,
`
`and control of a 2017 GMC Yukon being driven by defendant Maher Asi-Mahmoud.
`
`5.
`
`Defendant, Jose F. Mora Vega, as the owner of the motor vehicle bearing
`
`New York State registration KTJ9891 was negligent, carelss, reckless, and grossly
`
`negligent in the ownership, operation, management, maintenance, repair, inspection,
`- 2 -
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`4 of 31
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 151860/2023
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`RECEIVED NYSCEF: 10/06/2023
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`supervision, and control of a 2022 Honda Civic being driven by defendant, Christopher
`
`Mora Lugo.
`
`6.
`
`The lawsuit arises out of plaintiff decedent’s death and all other damages
`
`allowed by law from the automobile collision, as more fully described below.
`
`7.
`
`Plaintiffs, by and through plaintiffs’ attorneys, states and alleges, in
`
`personal knowledge as to themselves and upon information and belief as to all other matters
`
`as follows:
`
`PARTIES
`
`8.
`
`At all times mentioned herein Omar Rodriguez, Esperanza Gonzalez and
`
`Giselle Cruz are Co-Administrators of the Estate of A.A.R. and were and still are residents
`
`of the State of New York.
`
`9.
`
`At all times mentioned herein plaintiff, Omar Rodriguez, was and still is a
`
`resident of the County of Richmond, State of New York.
`
`10.
`
`At all times mentioned herein, plaintiff Esperanza Gonzalez was and still is
`
`a resident of the County of Richmond, State of New York.
`
`11.
`
`At all times mentioned herein, plaintiff decedent A.A.R. was a resident of
`
`the County of Richmond, State of New York.
`
`12. That on July 10, 2022, plaintiff decedent A.A.R. died.
`
`13.
`
`On March 20, 2023, plaintiffs, Omar Rodriguez, Esperanza Gonzalez and
`
`Giselle Cruz were appointed Co-Administrators of the Estate of A.A.R. in Surrogate’s
`
`Court, Richmond County.
`
`
`
`
`
`
`
`- 3 -
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`5 of 31
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151860/2023
`
`RECEIVED NYSCEF: 10/06/2023
`
`14.
`
`That on July10, 2022 and at all times mentioned herein, defendant, City of
`
`New York was and still is a domesticated municipal corporation.
`
`15.
`
`That prior hereto on October 7, 2022 and within the time prescribed by law,
`
`a sworn Notice of Claim stating, among other things, the time when and place where the
`
`injuries and damages were sustained, together with plaintiffs’ demands for adjustment
`
`thereof was duly served on the claimant’s behalf on the City of New York as served upon
`
`the Comptroller for the City of New York. That Comptroller of the City of New York
`
`refused or neglected for more than thirty (30) days and up to the commencement of this
`
`action, to make any adjustment or payment thereof, and that, thereafter, and within the time
`
`provided by law, this action was commenced.
`
`16.
`
`That on May 15, 2023, pursuant to General Municipal Law, a 50-h hearing
`
`was virtually held.
`
`17.
`
`At all times mentioned herein, defendant Orlando Flores, was and still is a
`
`resident of the County of Richmond, City and State of New York.
`
`18.
`
`At all times mentioned herein, defendant, Maria Gil-Flores, was and still is
`
`a resident of the County of Richmond, City and State of New York.
`
`19.
`
`At all times mentioned herein, defendant, Maher Asi-Mahmoud, was and
`
`still is a resident of the County of Richmond, City and State of New York.
`
`20.
`
`At all times mentioned herein, defendant Majid Matani was and still is a
`
`resident of the County of Richmond, City and State of New York.
`
`21.
`
`At all times mentioned herein, defendant, Christopher Mora Lugo, was and
`
`still is a resident of the County of Richmond, City and State of New York.
`- 4 -
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`6 of 31
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 151860/2023
`
`RECEIVED NYSCEF: 10/06/2023
`
`22.
`
`At all times mentioned herein, defendant, Jose F. Mora Vega, was and still
`
`is a resident of the County of Richmond, City and State of New York.
`
`23.
`
`This action falls within one or more of the exceptions set forth in CPLR
`
`Sections 1602, 1602(1), 1602(2), 1602(3), 1602(4), 1602(5), 1602(6), 1602(7), 1602(8),
`
`1602(9), 1602(10), 1602(11), and 1602(12) of the State of New York.
`
`AS AND FOR A FIRST CAUSE OF ACTION
`ON BEHALF OF PLAINTIFF DECEDENT A.A.R.
`
`Plaintiffs repeat, reiterate and reallege each and every allegation contained
`
`24.
`
`herein with the same force and effect as if the same were more fully and at length herein.
`
`25.
`
`At all times mentioned herein, defendant Maria Flores-Gil was the owner
`
`of a motor vehicle bearing New York State registration number KWT9557.
`
`26.
`
`At all times mentioned herein, defendant Maria Flores-Gil, was the lessee
`
`of a motor vehicle bearing New York State registration number KWT9557.
`
`27.
`
`At all times mentioned herein, defendant Orlando Flores, operated the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557.
`
`28.
`
`At all times mentioned herein, defendant Orlando Flores, operated the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557 with the
`
`knowledge of defendant, Maria Flores-Gil.
`
`29.
`
`At all times mentioned herein, defendant Orlando Flores operated the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557 with the
`
`permission of defendant, Maria Flores-Gil.
`
`
`
`
`
`
`
`- 5 -
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`7 of 31
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151860/2023
`
`RECEIVED NYSCEF: 10/06/2023
`
`30.
`
`At all times mentioned herein, defendant Orlando Flores, operated the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557, with the
`
`consent of defendant, Maria Flores-Gil.
`
`31.
`
`At all times mentioned herein, defendant Maria Flores-Gil managed the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557.
`
`32.
`
`At all times mentioned herein, defendant Orlando Flores managed the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557.
`
`33.
`
`At all times mentioned herein, defendant Maria Flores-Gil maintained the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557.
`
`34.
`
`At all times mentioned herein, defendant Orlando Flores maintained the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557.
`
`35.
`
`At all times mentioned herein, defendant Maria Flores-Gil repaired the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557.
`
`36.
`
`At all times mentioned herein, defendant Orlando Flores repaired the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557.
`
`37.
`
`At all times mentioned herein, defendant Maria Flores-Gil inspected the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557.
`
`38.
`
`At all times mentioned herein, defendant Orlando Flores inspected the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557.
`
`39.
`
`At all times mentioned herein, defendant Maria Flores-Gil supervised the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557.
`
`
`
`
`
`
`
`- 6 -
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`8 of 31
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151860/2023
`
`RECEIVED NYSCEF: 10/06/2023
`
`40.
`
`At all times mentioned herein, defendant Orlando Flores supervised the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557.
`
`41.
`
`At all times mentioned herein, defendant Maria Flores-Gil controlled the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557.
`
`42.
`
`At all times mentioned herein, defendant Orlando Flores controlled the
`
`aforesaid motor vehicle bearing New York State registration number KWT9557.
`
`43.
`
`At all times mentioned herein, defendant Majid Matani was the owner of a
`
`motor vehicle bearing New York State registration number HGV4128.
`
`44.
`
`At all times mentioned herein, defendant, Majid Matani was the lessee of a
`
`motor vehicle bearing New York State registration number HGV4128.
`
`45.
`
`At all times mentioned herein, defendant Maher Asi-Mahmoud, operated
`
`the aforesaid motor vehicle bearing New York State registration number HGV4128.
`
`46.
`
`At all times mentioned herein, defendant Maher Asi-Mahmoud, operated
`
`the aforesaid motor vehicle bearing New York State registration number HGV4128, with
`
`the knowledge of defendant, Majid Matani.
`
`47.
`
`At all times mentioned herein, defendant Maher Asi-Mahmoud, operated
`
`the aforesaid motor vehicle bearing New York State registration number HGV4128, with
`
`the permission of defendant, Majid Matani.
`
`48.
`
`At all times mentioned herein, defendant Maher Asi-Mahmoud, operated
`
`the aforesaid motor vehicle bearing New York State registration number HGV4128, with
`
`the consent of defendant, Majid Matani.
`
`
`
`
`
`
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`- 7 -
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`9 of 31
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151860/2023
`
`RECEIVED NYSCEF: 10/06/2023
`
`49.
`
`At all times mentioned herein, defendant Majid Matani managed the
`
`aforesaid motor vehicle bearing New York State registration number HGV4128.
`
`50.
`
`At all times mentioned herein, defendant Maher Asi-Mahmoud, managed
`
`the aforesaid motor vehicle bearing New York State registration number HGV4128.
`
`51.
`
`At all times mentioned herein, defendant Majid Matani, maintained the
`
`aforesaid motor vehicle bearing New York State registration number HGV4128.
`
`52.
`
`At all times mentioned herein, defendant Maher Asi-Mahmoud maintained
`
`the aforesaid motor vehicle bearing New York State registration number HGV4128.
`
`53.
`
`At all times mentioned herein, defendant Majid Matani repaired the
`
`aforesaid motor vehicle bearing New York State registration number HGV4128.
`
`54.
`
`At all times mentioned herein, defendant Maher Asi-Mahmoud repaired the
`
`aforesaid motor vehicle bearing New York State registration number HGV4128.
`
`55.
`
`At all times mentioned herein, defendant Majid Matani inspected the
`
`aforesaid motor vehicle bearing New York State registration number HGV4128.
`
`56.
`
`At all times mentioned herein, defendant Maher Asi-Mahmoud inspected
`
`the aforesaid motor vehicle bearing New York State registration number HGV4128.
`
`57.
`
`At all times mentioned herein, defendant Majid Matani supervised the
`
`aforesaid motor vehicle bearing New York State registration number HGV4128.
`
`58.
`
`At all times mentioned herein, defendant Maher Asi-Mahmoud supervised
`
`the aforesaid motor vehicle bearing New York State registration number HGV4128.
`
`59.
`
`At all times mentioned herein, defendant Majid Matani, controlled the
`
`aforesaid motor vehicle bearing New York State registration number HGV4128.
`- 8 -
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`10 of 31
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151860/2023
`
`RECEIVED NYSCEF: 10/06/2023
`
`60.
`
`At all times mentioned herein, defendant Maher Asi-Mahmoud controlled
`
`the aforesaid motor vehicle bearing New York State registration number HGV4128.
`
`61.
`
`At all times mentioned herein, defendant Jose F. Mora Vega was the owner
`
`of a motor vehicle bearing the New York State registration number KTJ9891.
`
`62.
`
`At all times mentioned herein defendant, Jose F. Mora Vega, was the lessee
`
`of a motor vehicle bearing New York State registration number KTJ9891.
`
`63.
`
`At all times mentioned herein defendant, Christopher Mora Lugo operated
`
`the aforesaid motor vehicle bearing New York State registration KTJ9891.
`
`64.
`
`At all times mentioned herein defendant, Christopher Mora Lugo operated
`
`the aforesaid motor vehicle bearing New York State registration KTJ9891, with the
`
`knowledge of defendant, Jose F. Mora Vega.
`
`65.
`
`At all times mentioned herein defendant, Christopher Mora Lugo operated
`
`the aforesaid motor vehicle bearing New York State registration KTJ9891, with the
`
`permission of defendant, Jose F. Mora Vega.
`
`66.
`
`At all times mentioned herein defendant, Christopher Mora Lugo operated
`
`the aforesaid motor vehicle bearing New York State registration KTJ9891, with the consent
`
`of defendant, Jose F. Mora Vega.
`
`67.
`
`At all times mentioned herein, defendant, Jose F. Mora Vega, managed the
`
`aforesaid motor vehicle bearing New York State registration number KTJ9891.
`
`68.
`
`At all times mentioned herein, defendant, Christopher Mora Luga, managed
`
`the aforesaid motor vehicle bearing New York State registration number KTJ9891.
`
`
`
`
`
`
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`- 9 -
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`11 of 31
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151860/2023
`
`RECEIVED NYSCEF: 10/06/2023
`
`69.
`
`At all times mentioned herein, defendant, Jose F. Mora Vega, maintained
`
`the aforesaid motor vehicle bearing New York State registration number KTJ9891.
`
`70.
`
`At all times mentioned herein, defendant, Christopher Mora Luga,
`
`maintained the aforesaid motor vehicle bearing New York State registration number
`
`KTJ9891.
`
`71.
`
`At all times mentioned herein, defendant, Jose F. Mora Vega, repaired the
`
`aforesaid motor vehicle bearing New York State registration number KTJ9891.
`
`72.
`
`At all times mentioned herein, defendant, Christopher Mora Luga, repaired
`
`the aforesaid motor vehicle bearing New York State registration number KTJ9891.
`
`73.
`
`At all times mentioned herein, defendant, Jose F. Mora Vega, inspected the
`
`aforesaid motor vehicle bearing New York State registration number KTJ9891.
`
`74.
`
`At all times mentioned herein, defendant, Christopher Mora Luga, inspected
`
`the aforesaid motor vehicle bearing New York State registration number KTJ9891.
`
`75.
`
`At all times mentioned herein, defendant, Jose F. Mora Vega, supervised
`
`the aforesaid motor vehicle bearing New York State registration number KTJ9891.
`
`76.
`
`At all times mentioned herein, defendant, Christopher Mora Luga,
`
`supervised the aforesaid motor vehicle bearing New York State registration number
`
`KTJ9891.
`
`77.
`
`At all times mentioned herein, defendant, Jose F. Mora Vega, controlled the
`
`aforesaid motor vehicle bearing New York State registration number KTJ9891.
`
`
`
`
`
`
`
`- 10 -
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`12 of 31
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151860/2023
`
`RECEIVED NYSCEF: 10/06/2023
`
`78.
`
`At all times mentioned herein, defendant, Christopher Mora Luga,
`
`controlled the aforesaid motor vehicle bearing New York State registration number
`
`KTJ9891.
`
`79.
`
`At all times mentioned herein, plaintiff decedent, A.A.R., was a passenger
`
`in the motor vehicle operated by defendant, Orlando Flores, bearing New York State
`
`registration number KWT9557.
`
`80.
`
`At all times mentioned herein, Hylan Boulevard in the County of
`
`Richmond, State of New York, was a public roadway and/or thoroughfare.
`
`81.
`
`That on July 10, 2022, the motor vehicle operated by defendant, Christopher
`
`Mora Lugo, was speed racing with the motor vehicle operated by defendant, Orlando
`
`Flores.
`
`82.
`
`That on July 10, 2022, the motor vehicle operated by defendant, Orlando
`
`Flores and the motor vehicle operated by defendant, Maher Asi-Mahmoud, were in contact.
`
`83.
`
`That on July 10, 2022, the motor vehicle operated by defendant, Orlando
`
`Flores and the motor vehicle operated by defendant, Maher Asi-Mahmoud, were in contact
`
`on Hylan Boulevard in the County of Richmond, City and State of New York.
`
`84.
`
`That on July 10, 2022, the motor vehicle operated by defendant, Orlando
`
`Flores, and the motor vehicle operated by defendant, Maher Asi-Mahmoud, were in contact
`
`on Hylan Boulevard at or near its intersection with Richard Avenue in the County of
`
`Richmond, City and State of New York.
`
`
`
`
`
`
`
`- 11 -
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`13 of 31
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151860/2023
`
`RECEIVED NYSCEF: 10/06/2023
`
`85.
`
`That on July 10, 2022, the motor vehicle operated by defendant, Orlando
`
`Flores, in which plaintiff decedent, A.A.R., was a passenger and the motor vehicle operated
`
`by defendant, Maher Asi-Mahmoud were in contact.
`
`86.
`
`That on July 10, 2022, the motor vehicle operated by defendant, Orlando
`
`Flores, in which plaintiff decedent, A.A.R., was a passenger and the motor vehicle operated
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`by defendant, Maher Asi-Mahmoud were in contact on Hylan Boulevard in the County of
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`Richmond, City and State of New York.
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`87.
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`That on July 10, 2022, the motor vehicle operated by defendant, Orlando
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`Flores, in which plaintiff decedent, A.A.R., was a passenger and the motor vehicle operated
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`by defendant, Maher Asi-Mahmoud were in contact on Hylan Boulevard at or near its
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`intersection with Richard Avenue in the County of Richmond, City and State of New York.
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`88.
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`89.
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`That as a result of the aforesaid contact, plaintiff decedent A.A.R. died.
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`That the aforesaid occurrence was caused wholly and solely by reason of
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`the negligence of the defendants without any fault or negligence on the part of the plaintiff
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`decedent, A.A.R. contributing thereto.
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`90.
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`Defendants’ conduct was willful, wanton, reckless, malicious and/or
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`exhibited gross indifference to and callous disregard for human life, safety, and the rights
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`of others, and more particularly, the rights, life, and safety of the plaintiff decedent A.A.R.
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`91.
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`Due to the wanton, reckless, malicious, and indifferent conduct of the
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`defendants, plaintiffs demand punitive damages against the defendants in an amount to be
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`determined at trial.
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 151860/2023
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`RECEIVED NYSCEF: 10/06/2023
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`92.
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`The defendants were negligent, careless, reckless, grossly negligent, and
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`inherently reckless in the ownership, operation, management, maintenance, repair,
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`inspection, supervision, and control of their motor vehicles.
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`93.
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`That by reason of the foregoing, plaintiff decedent, A.A.R. was damaged in
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`an amount which exceeds the jurisdictional limits of all lower courts.
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`AS AND FOR A SECOND CAUSE OF ACTION NEGLIGENTLY,
`CARELESSLY, RECKLESSLY AND GROSSLY NEGLIGENTLY
`OWNED, OPERATED, MAINTAINED AND/OR CONTROLLED
`ITS ROADS, STREETS, ROADWAYS (City of New York)
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`Plaintiffs repeat, reiterate and reallege each and every allegation contained
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`94.
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`herein with the same force and effect as if the same were more fully and at length herein.
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`95.
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`That all times mentioned herein, defendant, City of New York, owned the
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`public road, street, roadway and/or highway (hereinafter sometimes referred to as roads)
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`known as Hylan Boulevard in the County of Richmond, City and State of New York in its
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`entirety and more particularly, at or about its approach to and its intersection with Richard
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`Avenue.
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`96.
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`That all times mentioned herein defendant, City of New York, owned the
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`public road, street, roadway and/or highway known as Hylan Boulevard in the County of
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`Richmond, City and State of New York.
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`97.
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`That as a result of its ownership, operation, maintenance, and/or control of
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`the aforementioned road, street, roadway and/or highway, defendant, City of New York,
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`was acting in a proprietary capacity concerning its ownership, operation, maintenance
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`and/or control of the aforementioned road.
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 151860/2023
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`RECEIVED NYSCEF: 10/06/2023
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`98.
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`Under the laws of the State of New York, it is well settled that municipality
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`road ownership, operation, maintenance and/or control, as well as a municipality’s duty to
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`keep said roads in a reasonably safe condition are proprietary functions of the municipality
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`that owns said roads.
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`99.
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`That plaintiffs allege that the acts and/or omissions claimed to have caused
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`the deaths of plaintiff decedent A.A.R. were within the fields of road, street, roadway
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`and/or highway ownership, operation, maintenance, control, planning, studying, surveying,
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`inspecting, designing and/or construction, including, but not limited to, those related
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`activities affecting the safety of its roads, streets, roadways and/or highways and, as such,
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`defendant, City of New York was acting in a proprietary capacity.
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`100. Since defendant, City of New York was acting in a proprietary capacity,
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`plaintiffs have no obligation to prove the existence of a special duty owed by defendant,
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`City of New York to the plaintiffs.
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`101. That at all times mentioned herein, defendant, City of New York, its
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`servants, agents and/or employees designed Hylan Boulevard.
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`102. That at all times mentioned herein, defendant, City of New York, its
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`servants, agents and/or employees constructed Hylan Boulevard.
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`103. That at all times mentioned herein, defendant, City of New York, its
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`servants, agents and/or employees maintained and/or had a duty to maintain Hylan
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`Boulevard so that it was safe for the traveling public.
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151860/2023
`
`RECEIVED NYSCEF: 10/06/2023
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`104. That at all times mentioned herein, defendant, City of New York, its
`
`servants, agents and/or employees managed and/or had a duty to manage Hylan Boulevard
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`so that it was safe for the traveling public.
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`105. That at all times mentioned herein, defendant, City of New York, its
`
`servants, agents and/or employees controlled and/or had a duty to control Hylan Boulevard
`
`so that it was safe for the traveling public.
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`106. That at all times mentioned herein, defendant, City of New York, its
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`servants, agents and/or employees planned for the upkeep and maintenance including
`
`needed safety improvement and/or actions and/or had a duty to plan for the upkeep and
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`maintenance including needed safety improvements and/or actions of Hylan Boulevard so
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`that it was safe for the traveling public.
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`107. That at all times mentioned herein, defendant City of New York, its
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`servants, agents and/or employees controlled and/or had a duty to control Hylan Boulevard,
`
`including control to ensure its roads, streets, roadways, and highways were safe for the
`
`motorists, passengers and pedestrians traveling thereon.
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`108. That at all times mentioned herein, it was the duty of defendant, City of
`
`New York, its servants, agents and/or employees to maintain Hylan Boulevard in a safe
`
`condition for the motorists, passengers and pedestrians traveling thereon.
`
`109. That at all times mentioned herein, it was the duty of the defendant, City of
`
`New York, its servants, agents and/or employees to ensure that Hylan Boulevard was
`
`properly, adequately, and safely designed, planned, engineered, surveyed, studied,
`
`
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151860/2023
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`RECEIVED NYSCEF: 10/06/2023
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`constructed, existed, maintained, inspected and/or controlled so that it was safe for the
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`motorists, passengers and pedestrians traveling thereon.
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`110. That at all times mentioned herein, it was the duty of the defendant, City of
`
`New York, its servants, agents and/or employees to properly and/or adequately control the
`
`flow of traffic at Hylan Boulevard.
`
`111. That at all times mentioned herein, it was the duty of the defendant, City of
`
`New York, its servants, agents and/or employees to properly and/or adequately control the
`
`flow of traffic at Hylan Boulevard so that it was safe for the motorists, passengers and
`
`pedestrians traveling thereon.
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`112. That at all times mentioned herein, it was the duty of the defendant, City of
`
`New York, its servants, agents and/or employees to properly and/or adequately control the
`
`speed of traffic at Hylan Boulevard so that it was safe for the motorists, passengers and
`
`pedestrians traveling thereon.
`
`113. That at all times mentioned herein, it was the duty of the defendant, City of
`
`New York, its servants, agents and/or employees to properly and/or adequately identify,
`
`consider, study, survey, design, install, construct, erect, provide and/or maintain safe,
`
`suitable, proper, adequate and/or appropriate traffic calming devices, traffic control devices
`
`and/or other devices and/or technologies to properly and/or adequately and/or effectively
`
`control the speed of the vehicles going east and west on Hylan Boulevard.
`
`114. That at all times mentioned herein, it was the duty of the defendant, City of
`
`New York, its servants, agents and/or employees to properly and/or adequately identify,
`
`consider, study, adequately study, survey, design, install, construct, erect, provide and/or
`- 16 -
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`18 of 31
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151860/2023
`
`RECEIVED NYSCEF: 10/06/2023
`
`maintain safe, suitable, proper, adequate and/or appropriate traffic calming devices, traffic
`
`control devices and/or other devices and/or technologies to properly and/or adequately
`
`control the speed of the vehicles going east and west on Hylan Boulevard.
`
`115. That at all times mentioned herein it was the duty of the defendant, City of
`
`New York, its servants, agents, and/or employees to order, direct, recommend, advise,
`
`refer, provide, perform, identify, consider and/or ensure proper, adequate and/or
`
`appropriate engineering, roadway, speed, accident, near accident and/or traffic surveys,
`
`plans and/or studies were performed to determine the safe, suitable, adequate and/or
`
`appropriate traffic calming devises, traffic control devices, traffic lane designs, dividers,
`
`barriers, traffic circles, roundabouts, speed bumps and/or other speed controls required to
`
`effectively control the lawful and safe traffic flow and/or lawful and/or speed of traffic and
`
`ensure motorists, passengers, and pedestrians safety on its roads, streets, and roadways
`
`including those on Hylan Boulevard.
`
`116. That at all times mentioned herein, it was the duty of the defendant, City of
`
`New York, its servants, agents and/or employees to promptly, timely, and adequately order
`
`direct, plan, recommend, advise, refer, provide perform and/or ensure compliance with the
`
`results from any and all engineering and/or traffic surveys/studies, speed surveys/studies,
`
`accident surveys/studies, roadway and/or traffic plans and/or studies and/or similar studies
`
`and/or surveys performed.
`
`117. That at all times mentioned herein, it was the duty of the defendant, City of
`
`New York, its servants, agents and/or employees to promptly, properly, timely and
`
`adequately identify, consider, order, direct, plan, recommend, advise, refer, provide and/or
`- 17 -
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`19 of 31
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`FILED: RICHMOND COUNTY CLERK 10/06/2023 11:39 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 151860/2023
`
`RECEIVED NYSCEF: 10/06/2023
`
`perform engineering and/or traffic surveys/studies, speed surveys/studies, and/or surveys
`
`performed and/or should have been performed prior to this accident with respect to the
`
`safe, suitable, adequate and/or appropriate traffic calming measures, traffic lanes, dividers,
`
`barriers, roundabout, traffic circles, speed bumps, and/or speed control required to
`
`effectively control the safe and/or lawful flow and/or safe and/or lawful speed of traffic for
`
`the motorists, passengers and pedestrians on Hylan Boulevard.
`
`118. That at all times mentioned herein, it was the duty of the defendant, City of
`
`New York, its servants, agents