FILED: WESTCHESTER COUNTY CLERK 03/16/2012
`FILED: WESTCHESTER COUNTY CLERK 03 m 2012
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
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`53786/2012
`INDEX NO. 53786/2012
`INDEX \10-
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`RfiCfiIVfiD NYSCEF:
`03/16/2012
`RECEIVED NYSCEF: 03/16/2012
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`
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`SUPREA/IE ('()UR T ()F THE STA TE OF NEW YORK
`( '() UNTl’ OF WEST( 'HESTER
`
`
`GAIL HANLEY
`
`Plaintiffls).
`
`-against—
`
`WAYNE ROBINSON
`
`Defendant(s)
`
`Index No.
`
`Date Purchased
`
`SUMMONS WITH
`VERIFIED COMPLAINT
`
`Plaintiff designates Westchester
`County as the place of trial.
`
`The basis of venue
`
`is Plaintiffs residence
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`Plaintiff reside at
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`616 East Lincoln Avenue
`Mount Vernon NY 1055?.
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`TO THE A 801 'E NAMED DEFENDA NT(S)
`
`YOU ARE HEREBY SUMMONED to answer the complaint in this action and
`to serve a copy of your answer. of. ifthe complaint if not served with this summons. to serve a
`notice of appearance. on the Plaintiffs Attorney within twenty (20) days after the service ofthis
`summons. exclusive of the day of service. (or within thirty (30) days after service is complete if
`this summons is not personally delivered to you within the State ofNew York): and 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: Rosedale. New York
`
`March 13.2012
`
`Yours. etc
`
`ANDREW HIRSCHHORN
`
`Attorney for Plaintiffs
`One Cross Isl. Plaza. Ste. 116
`Rosedale. NY 1 1422
`
`(718) 528-4424
`
`TO: Wayne: 948 East. 224lh Street Bronx NY 10466
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`

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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`
`GAIL HAN LEY
`
`Index No.
`
`Plaintiff.
`
`VERIFIED COMPLAINT
`
`-against-
`
`WAYNE ROBINSON
`
`Defendants
`
`
`
`Plaintiff. appearing by and through her attorney ANDREW HIRSCI—IHORN. ESQ. as
`and for her Verified Complaint. sets forth and alleges as follows:
`
`1.
`
`IO
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`That at all times hereinafter mentioned. Plaintiff was and still is a resident of the County
`of Westchester and State of New York.
`
`That at all times hereinafter mentioned. Defendant WAYNE ROBINSON was and still
`is a domiciliary of the State of New York.
`
`That at all times hereinafter mentioned, Defendant WAYNE ROBINSON committed the
`negligent acts complained of within New York State.
`
`That at all times hereinafter mentioned. Defendant WAYNE ROBINSON was and still
`is the owner of realty within New York State.
`
`That at all times hereinafter mentioned. Defendant WAYNE ROBINSON was the
`operator and owner ofa 2000 Toyota motor vehicle bearing a New York State license
`plate CWN1828.
`
`That at all times hereinafter mentioned. Plaintiff GAIL HANLEY was the operator and
`owner of a 1994 Acura motor vehicle bearing a New York State license plate number.
`
`That at all times hereinafter mentioned. that at all times hereinafler mentioned. the area
`known as East 241 Street. County of Bronx, City and State of New York. were and still
`are public highways and roads commonly used by motorists and others for such purpose.
`
`That on October 14. 201 l. at the location aforesaid. Defendants' vehicle hit and struck
`Plaintiffs vehicle. causing Plaintiffs to suffer injuries as set forth below.
`
`

`

`9. That the said contact was due solely to the negligence of the Defendant, and through no
`negligence whatsoever of the Plaintiffs.
`
`10. That as a result ofthe foregoing. the Plaintiff GAIL HANLEY suffered severe.
`substantial and permanent pain. suffering and anguish. and suffered. suffers and upon
`information and belief will continue to suffer from severe. serious. and permanent
`injuries. and has expended. expends. and upon information and belief will continue to
`expend large sums of money for care. treatment. diagnosis and rehabilitation.
`
`l 1. That the Plaintiff GAIL HANLEY have suffered a serious injuries as defined under New
`York Insurance Law in that she has sustained a fracture: and/or a significant
`disfigurement: and/or significant limitation of use and/or permanent consequential loss
`of use of a body party. member. function. system of her body. and/or was unable to carry
`out the usual and customary duties for a period of at least ninety (90) days during the
`one hundred eighty (180) days immediately following the occurrence.
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`AS AND FOR A FIRST CAUSE OF ACTION
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`12. Plaintiff. GAIL HANLEY repeats. reiterates and realleges each and every allegation
`contained in paragraphs “1“ through "I I” as if set forth more fully herein.
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`13. Plaintiff. GAIL HANLEY seeks damages for her pain and suffering in an amount within
`jurisdictional limits ofall lower courts.
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`AS AND FOR A SECOND CAUSE OF ACTION
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`14. Plaintiff. GAIL HANLEY repeats. reiterates and realleges each and every allegation
`contained in paragraphs "1" through “I 3" as if set forth more fully herein.
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`15. Plaintiff. GAIL HANLEY seeks damages for her property damage in an amount within
`jurisdictional limits ofall lower courts.
`
`WHEREFORE, Plaintiff seeks monetary damages and judgment on the first and second
`causes of action against the Defendants and each of them in an amount greater than the
`jurisdictional limits of all lower Courts: together with such other and further relief as to the
`Court may seem just. proper and equitable.
`
`Dated: Queens, New York
`March 13.2012
`
`Yours, etc.
`
`ANDRE W PIIRSCHHORN. ESQ.
`Attorney for Plaintiff
`One Cross Isl. Plaza. Ste. 1 16
`
`Rosedale. NY 11422
`
`(718) 528-4424
`
`

`

`ATTORNEY VERIFICATION
`
`ANDREW HIRSCHHORN. ESQ. an attorney duly licensed to practice law in the Courts
`ofNew York. under penalties of perjury. affirms the foregoing to be true:
`
`That I am counsel for Plaintiffs.
`
`That I have read the foregoing Complaint.
`
`That the same is true and correct to my own best knowledge based upon client
`conference. and based upon a file maintained in my office. except as to those matters stated to be
`made upon information and belief and as to those matters I believe it to be true.
`
`The reason that this Verification is made by me and not by my client is that my client
`resides in a County other than where my office is situated.
`
`Dated: Rosedale. New York
`
`March 13. 2012
`
`REW HIRSCHHORN
`
`

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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER Index N0.:
`
`
`
`GAIL HANLEY
`
`Plaintiff.
`
`-against-
`
`WAYNE ROBINSON
`
`Defendants.
`
`
`
`SUMMONS WITH VERIFIED COMPLAINT
`
`
`ANDREW HlRSCHHORN
`
`Anomey for Plaintiff
`
`One Cross Isl. Plaza. Ste.
`
`1 16
`
`Rosedale. NY 11422
`
`(718) 528-4424
`
`