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ERIC A. CHARLES v. ORLANDO NIJLOPEZ et al

Docket 605826/2024, New York State, Suffolk County, Supreme Court (Mar. 6, 2024)
Case TypeTorts - Motor Vehicle
TagsTort, Civil, Vehicle
Plaintiff Eric A. Charles
Defendant Orlando Nijlopez
Defendant Jose orlando Nijelias
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RESPONSE TO DEMAND Response to PC Order and Response to Plaintiff's demand for Discovery and Inspection

Document ERIC A. CHARLES v. ORLANDO NIJLOPEZ et al, 605826/2024, 16 (N.Y. Sup. Ct., Suffolk County Aug. 9, 2024)
Defendants, JOSE O. NIJELIAS and ORLANDO NIJLOPEZ, by their attorneys, LAW OFFICES OF ERIC FENDT, as and for a Response to the Preliminary Conference Order in the within matter, respectfully set forth upon information and belief as follows:
The Defendants, JOSE O. NIJELIAS and ORLANDO NIJLOPEZ are unaware of any witnesses other than those involved in the incident or identified on the police report.
The Defendants, JOSE O. NIJELIAS and ORLANDO NIJLOPEZ are unaware of any witnesses other than those involved in the incident or identified on the police report.
That deponent is not a party to the within action, is over l8 years of age and resides at Suffolk County, New York.
That on the 8th day of August, 2024, deponent served the within RESPONSE TO PRELIMINARY CONFERENCE ORDER and PLAINTIFF’S DEMAND FOR DISCOVERY AND INSPECTION upon the following: Salenger, Sack, Kimmel & Bavaro, LLP 180 Froehlich Farm Boulevard Woodbury, NY 11797 by electronically filing a true copy thereof under the exclusive care and custody of the New York Electronic Filing System within the New York State addressed to each of the above persons at the E-mail address listed within the New York State Electronic Filing System.
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ORDER - PRELIMINARY CONFERENCE

Document ERIC A. CHARLES v. ORLANDO NIJLOPEZ et al, 605826/2024, 14 (N.Y. Sup. Ct., Suffolk County May. 31, 2024)
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DEMAND FOR: Post EBT D&I Demand

Document ERIC A. CHARLES v. ORLANDO NIJLOPEZ et al, 605826/2024, 19 (N.Y. Sup. Ct., Suffolk County Jan. 16, 2025)
PLEASE TAKE NOTICE, that you are hereby required to serve upon the undersigned within twenty (20) days after receipt of this Demand, the following in accordance with Plaintiff’s EBT testimony:
PLEASE TAKE FURTHER NOTICE, that in the event of plaintiff's failure to comply with the foregoing demand within twenty (20) days, the defendant(s) may move to preclude the offering of any evidence as to the matters herein demanded, together with the costs of such application.
Allstate Tower Suite 1125 RXR Plaza Uniondale, NY 11556 Tel.
That deponent is not a party to the within action, is over l8 years of age and resides at Suffolk County, New York.
That on the 16th day of January, 2025, deponent served the within (POST EBT) NOTICE FOR DISCOVERY AND INSPECTION upon the following: Salenger, Sack, Kimmel & Bavaro, LLP 180 Froehlich Farm Boulevard Woodbury, NY 11797 by electronically filing a true copy thereof under the exclusive care and custody of the New York Electronic Filing System within the New York State addressed to each of the above persons at the E-mail address listed within the New York State Electronic Filing System.
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ANSWER Answer

Document ERIC A. CHARLES v. ORLANDO NIJLOPEZ et al, 605826/2024, 5 (N.Y. Sup. Ct., Suffolk County Apr. 29, 2024)
The Defendants, ORLANDO NIJLOPEZ and JOSE O. NIJELIAS, by their attorneys, LAW OFFICES OF ERIC FENDT, answering the Complaint herein, allege upon information and belief as follows:
Deny any knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs marked “1”, “2”, “3”, “15”, “26”, “29”, “30”, “31”, “32”, “33’ and “34” of the complaint herein.
That the said action is barred and precluded by virtue of Article 51, Sections 5101, 5102, 5103 and 5104 of the New York State Insurance Law.
Upon information and belief, any past or future costs or expenses incurred or to be incurred by the Plaintiff for medical care, dental care, custodial care or rehabilitative services, loss of earnings or other economic loss, has been or will with reasonable certainty be replaced or indemnified in whole or in part from the collateral source as defined in Section 4545(a) of the New York Civil Practice Law and Rules.
WHEREFORE, the Defendants, ORLANDO NIJLOPEZ and JOSE O. NIJELIAS, demand judgment against the plaintiff(s) herein, dismissing the Complaint together with the costs and disbursements of this action.
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SUMMONS + COMPLAINT

Document ERIC A. CHARLES v. ORLANDO NIJLOPEZ et al, 605826/2024, 1 (N.Y. Sup. Ct., Suffolk County Mar. 6, 2024)
Upon information and belief at all times hereinafter mentioned, defendant was further negligent in that he violated statutory laws governing the use of motor vehicles on the public highways.
has That by reason of the foregoing, sustained monetary damages greater than basic economic loss as defined the Insurance by Law of the State of New York.
Upon information and belief, the plaintiff and the defendants are "covered persons" as section 5102 of the Insurance Law of the State New York.
became sick, sore, lame and disabled and will be so sick, sore, lame and disabled for some time to come; he was confined to hospital, bed and home; was obliged to and necessarily did engage and procure medical aid and attention in an endeavor to cure herself of his hurts and wounds and did of the necessarily pay and become liable therefore; that by reason said injuries plaintiff
The hereby undersigned, affirms an attorney following the duly under in to practice admitted the penalties of perjury, the that courts the of affiant the State is an of New associate York, of Salenger Sack Kimmel & Bavaro, LLP attorneys of record for the plaintiff in the within action; that the affiant has read the foregoing
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NOTIFICATION FROM COURT 9/23/2024 ADR 1 IN PERSON CONFERENCE NOTICE / PEH

Document ERIC A. CHARLES v. ORLANDO NIJLOPEZ et al, 605826/2024, 18 (N.Y. Sup. Ct., Suffolk County Sep. 9, 2024)
ATTENTION ALL COUNSEL AND SELF-REPRESENTED PARTIES: In accordance with the original ADR Referral Order of the Presiding Justice of the DCM-J Part, all parties are directed to appear for an Early Settlement Conference on the date and at the time listed below.
In the event any parties are self- represented or do not participate in E-File for this case, you are directed to provide written notice to those parties of the date and time of the scheduled Conference.
Alan D. Oshrin Building (Supreme Court Building) Suffolk County ADR/Mediation Center 1 Court Street- Annex Room 128A Riverhead, New York 11901
Counsel for the parties must have complete knowledge of the alleged issues concerning liability and damages, as well as full authority to dispose of the case.
The parties or their duly authorized representatives shall be available by phone in the event the Court deems their participation necessary.
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RESPONSE TO DEMAND MV-104A police accident report

Document ERIC A. CHARLES v. ORLANDO NIJLOPEZ et al, 605826/2024, 17 (N.Y. Sup. Ct., Suffolk County Aug. 9, 2024)
Public Date of Birth Damaged O 08 Property Day Name-exactly as printed on registration Left Scene
Zip Code 119510000 Public Property Damaged Date of Birth ånth ay - -
No. City or Town - 3 Date of Birth Month Day Year Sex Unlicensed Name-exactly as printed on registration State Zip Code No. of Occupants Sex Public Property Damaged Birth City or Town Date of Birth Sex Unlicensed ar Name-exactly as printed on registration ____ Address (/nclude Number& Street) City or Town state ip Code State Zip Code No. of Occupants Sex Public Property Damaged Date of Birth Month Day Year
Right Tum ead On - - - Ticket/Arrest Number(s) Violation Section(s) Check if involved vehicle is: Omore than 95 inches wide; V Omore than 34 feet E Ooperated with an overweigh long H Ooperated with an overdime
copy of a record on file in the New York State Department of Motor Vehicln(:f;fF.�
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