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SUPREME COURT OF THE STATE OF NEW
COUNTY OF KINGS.
MARGARET MCKEEVER, an infant by ELLEN Mo
KEEVER, her Guardian ad litem, Plaintiff,
FRED PARISE, JAMES L. DAMATO, and PETER J. PA
To the above named Defendants.
You ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer on the Plaintiff's Attorney within twenty days after the service of this summons, exclusive of the day of service; 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, New York, May 1st, 1920.
Plaintiff's Attorney, Office and P. O. Address,
15 Park Row, New York City.
Plaintiff complaining of the defendants by M. Rothenberg, her attorney, alleges:
I: That heretofore and on or about December 26, 1919, by order of this Court, Ellen McKeever was duly appointed guardian ad litem of Margaret McKeever, the infant plaintiff in this action with authority to commence and prosecute this action and said Ellen McKeever has qualified and is now acting as the duly appointed guardian ad litem of the infant plaintiff herein.
II: Upon information and belief that at all the times hereinafter mentioned, the defendants, Fred Parise and Peter J. Parise, above named, were and still are the owners of an auto truck designated and hearing New York State registration #852727 for the year 1919.
III: Upon information and belief that on November 6, 1919, the defendant, James L. Damato, was in the employ of the defendants, Fred Parise and Peter J. Parise, and was engaged in the driving and operating the aforesaid auto truck on and along Hicks Street near Middagh Street in the Borough of Brooklyn, City and State of New York.
IV: That on said November 6, 1919, the said auto truck aforedescribed at a time and place aforementioned, was under the care, custody, maintenance, supervision, and control of the defendants herein.
V: Upon information and belief that prior to and on the sixth day of November, 1919, said
Supplemental Complaint Hicks Street and said Middagh Street, in the Borough of Brooklyn, City of New York, and streets, crossings and gutters, thereof, were and still are public highways, used among other things by pedestrians, vehicles, and trucks for the purpose of crossing back and forth thereon, and across thereof.
VI: That on the sixth day of November, 1919, while the infant plaintiff was carefully, rightfully and properly attempting to cross said Hicks Street about twenty-five (25) feet from Middagh Street, in the Borough of Brooklyn, City of New York, she was violently struck and knocked down by said auto truck aforedescribed, owned, operated and controlled by the defendants herein.
VII: Upon information and belief that the infant plaintiff herein was struck and seriously inured by said auto-truck as aforesaid by reason of the fact that defendants drove their car in a careless, reckless, negligent, and improper manner and by reason of the fact that defendants drove their said car at the time of the accident at an excessive rate of speed.
VIII: That the aforesaid accident was caused and the infant plaintiff was injured by reason of the fact that defendants failed, neglected and omitted to give this plaintiff, proper and timely warning of the approach of said auto truck and was also caused by reason of the fact that defendants failed and neglected to keep a proper lookout ahead and failed and were unable to keep the said auto truck at a time of the aforesaid accident under proper control and operated the aforesaid auto truck at a time of the accident hereinbefore mentioned, in violation of the ordinances of
Supplemental Complaint the City of New York and street traffic regulations, promulgated by the police department of the City of New York.
IX: By reason of the foregoing, the infant plaintiff was severely injured internally and externally and upon information and belief permanently about her head, body and limbs and more particularly about her head, nose, left ear and face so that the infant plaintiff became sick, sore and disabled, preventing her from the attendance of her usual duties and necessitating the expenditure of sums of money in endeavoring to be cured of and treated for her said injuries, and upon information and belief the injuries suffered by the infant plaintiff are permanent.
X: That as a direct result of the accident aforedescribed, the infant plaintiff herein experienced and continued to experience great pain and suffered distress and discomfort throughout the injured parts of her body, sustained a severe nervous shock and was deprived of the normal use and function of the injured parts of her body, and required medical care and attention all to the plaintiff's damage in the sum of ten thousand ($10,000.00) dollars.
WHEREFORE, plaintiff demands judgment against the defendants in the sum of ten thousand ($10,000.00) dollars together with costs and disbursements of this action.
15 Park Row,
Answer of Defendant Fred Parise.
The defendant FRED PARISE, answering the supplemental complaint herein, alleges :
1. He denies that he has any knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraphs numbered “I” “VI” “VII” “VIII IX and X of said supplemental complaint.
The defendant further answering the supplemental complaint and for a first and separate defense alleges:
2. That if the said Margaret McKeever was injured, as is alleged in the supplemental complaint, she was so injured by reason of her own negligence and contributory negligence, and without any fault or neglect on the part of this defendant.
WHEREFORE, defendant asks that the supplemental complaint herein be dismissed with costs.
LESSLER & RUSSELL,
#31 Nassau Street,
New York City.