Julien Mong V Tyrik Mott Et Al Summons Complaint 1

FILED: KINGS COUNTY CLERK 07/19/2022 12:38 PM INDEX NO.
520487/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2022
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS
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JULIEN MONG, Individually and as Proposed
Administrator of the Estate of APOLLINE MONG SUMMONS
GUILLEMIN, Deceased, and MARION GUILLEMIN
JURY TRIAL DEMANDED
Plaintiffs,
Plaintiffs designates
-against- KINGS COUNTY
as the place of trial
TYRIK MOTT, HALLIE MOORE, JOSEPH MOORE,
THE CITY OF NEW YORK, NEW YORK CITY The Basis of the Venue is
DEPARTMENT OF TRANSPORTATION, NEW YORK Plaintiffs’ residence
CITY DEPARTMENT OF DESIGN AND
CONSTRUCTION, and NEW YORK CITY POLICE
DEPARTMENT
Defendants.
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TO THE ABOVE-NAMED DEFENDANTS:
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 Plaintiff’s attorneys within twenty (20) days after this service of this Summons,
exclusive of the day of service (or within thirty (30) days after the service is completed if this
Summons is not personally delivered to you within the State of New York); and in the 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, New York

July 19, 2022
BELLUCK & FOX, LLP
Attorneys for Plaintiffs
546 Fifth Avenue ∙ 5th Floor
New York, NY 10036
(212) 681-1575
By: Harris Marks
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FILED: KINGS COUNTY CLERK 07/19/2022 12:38 PM INDEX NO. 520487/2022
DEFENDANTS’ ADDRESS:
TYRIK MOTT
588 Park Place, Apt. 1C
Brooklyn, New York 11238
HALLIE MOORE and JOSEPH MOORE

48 Worth Ave.
Hudson, New York 12534
THE CITY OF NEW YORK

100 Church Street
New York, New York 10007
NEW YORK CITY DEPARTMENT OF TRANSPORTATION

40 Worth Street
New York, New York 10013
NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION,

30-30 Thomson Avenue
Long Island City, NY 11101
NEW YORK CITY POLICE DEPARTMENT

One Police Plaza
New York, NY 10038
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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS
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JULIEN MONG, Individually and as Proposed
Index No.:
Administrator of the Estate of APOLLINE MONG
GUILLEMIN, Deceased, and MARION GUILLEMIN
VERIFIED COMPLAINT
Plaintiffs,
-against-
TYRIK MOTT, HALLIE MOORE, JOSEPH MOORE,

THE CITY OF NEW YORK, NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, NEW YORK
CITY DEPARTMENT OF DESIGN AND
CONSTRUCTION, and NEW YORK CITY POLICE
DEPARTMENT
Defendants.
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Plaintiffs, by their attorneys, BELLUCK & FOX, LLP, complaining of the defendants,
respectfully states and alleges, upon information and belief as follows:
THE PARTIES
1. This complaint arises from a motor vehicle collision occurring on or about
September 11, 2021. (“Date of Accident”).
2. The plaintiffs were and are residents of County of KINGS.
3. On the Date of the Accident, APOLLINE MONG GUILLEMIN was the
approximately three month old daughter of JULIEN MONG and MARION GUILLEMIN.
4. The plaintiff, JULIEN MONG, is the Proposed Administrator of the Estate of
APOLLINE MONG GUILLEMIN .
5. Defendant TYRIK MOTT is a natural person and resident of Brooklyn, New York.
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6. Defendant HALLIE MOORE and JOSEPH MOORE are natural persons and
residents of Hudson, New York.
7. Defendant THE CITY OF NEW YORK was and is a municipal corporation, duly
organized and existing pursuant to the laws of the State of New York.
8. Defendants NEW YORK CITY DEPARTMENT OF TRANSPORTATION,
NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION, and NEW
YORK CITY POLICE DEPARTMENT are municipal agencies of defendant THE CITY OF
NEW YORK.
9. That prior hereto on December 9, 2021 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’ demand for adjustment or payment thereof,
was served, and that thereafter THE CITY OF NEW YORK, refused or neglected for more than
(30) days and up to the commencement of this action to make any adjustment or payment thereof,
and that thereafter , and within the time provide by law, this action was commenced.
10. That on May 3, 2022 pursuant to the General Municipal Law, a Statutory 50h
hearing of the plaintiffs was held.
THE UNDERLYING FACTS
11. On the Date of Accident, the intersection of Vanderbilt Avenue and Gates Avenue
(“Location of the Accident”), is a public roadway, and thoroughfare in the State of New York,
County of Kings.
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12. On the Date of Accident, defendant TYRIK MOTT was the owner and operator
of a 2017 Honda motor vehicle bearing Pennsylvania license plate number KJN6168. (“Mott’s
Vehicle’)
13. On the Date of Accident, defendant HALLIE MOORE was the operator of a 2020
Honda motor vehicle bearing New York State license plate number KDA4510. (“Moore’s
Vehicle”)
14. On the Date of Accident, defendant JOSEPH MOORE was the owner of a 2020
Honda motor vehicle bearing New York State license plate number KDA4510.
15. On the Date of Accident, plaintiffs JULIEN MONG, MARION GUILLEMIN,
AND APOLLINE MONG GUILLEMIN, infant decedent, were lawful pedestrians on the
sidewalk at the intersection of Vanderbilt Avenue and Gates Avenue, in Brooklyn, New York.
16. Due to defendants’ recklessness, carelessness, and negligence, defendant Mott’s
Vehicle collided with Defendant Moore’s vehicle causing the pedestrian plaintiffs to be struck by
Moore’s vehicle.
17. As a result of the collision between the defendants’, the Moore Vehicle fatally
struck the decedent APOLLINE MONG GUILLEMIN at the above location, which resulted in
her death on September 11, 2021.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS
18. The defendants were reckless, careless, and negligent in causing their vehicle to
strike the plaintiff pedestrians; in losing control of their vehicles; in failing to apply the brakes in
a timely fashion; in failing to maintain proper distance; in failing to keep a watchful eye on the
roadway and other vehicles; in losing control of their car without legally cognizable explanation
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or excuse; in operating their vehicle at a high rate of speed; in failing to see what should be seen;
in failing to yield to pedestrians; in failing to make proper use of horns, brakes, and other devices;
in failing to properly navigate; in operating their vehicles in wrong way of traffic; in operating
their vehicle in violation of multiple traffic tickets; in operating their vehicles on a sidewalk; in
failing to keep their vehicle on the roadway; in operating their vehicle at a high rate of speed on a
sidewalk; in losing control of their vehicle; in striking the plaintiffs; in failing to heed the prevailing
traffic conditions; in driving too fast for the prevailing traffic conditions; in failing to pay attention;
in becoming distracted, inattentive, and sidetracked; in performing acts on the roadway which are
forbidden and in failing to act as required by law, in violation of VTL §1100; in driving the vehicle
at a speed greater than is reasonable and prudent under the conditions in light of the actual and
potential hazards in violation of VTL § 1180 (a), 1180 e and 1180-a; in violating VTL § 1101,
1110, 1111, 1111-a, 1129, 1140, 1146, 1163, 1172, 1180, 1180-a and 1212; and defendants were
otherwise reckless, careless and negligent.
19. That the above-stated occurrence and the results thereof were in no way due to any
negligence on the part of the plaintiffs contributing thereto, but was caused by the negligence of
the defendants in the ownership, operating, management, maintenance and control of their motor
vehicles; in operating same without due regard to the rights and safety of the plaintiffs; in
operating said motor vehicles in a manner which unreasonably endangered the plaintiffs; in failing
to properly steer, guide, manage and control their vehicle; in operating same at a rate of speed
greater than was reasonable and proper at the time and place of the occurrence; in failing to
apply the brakes or slow down or stop in such a manner as would have prevented the occurrence;
in failing to have made adequate and timely observation of and respond to conditions; in failing
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to observe signs and signals prevailing at the time and place of the occurrence; in running a red
light; in failing to keep a proper look-out when controlling their vehicle; in failing to properly
maintain the vehicle according to law; in failing to give adequate and timely signal, notice or
warning, in failing to stay at the scene and/or sight of the accident, in operating the motor vehicle
in violation of the traffic rules, regulations, statutes and ordinances in such cases made and
provided; and in being otherwise careless, reckless and negligent in the ownership, maintenance,
operation and control of their motor vehicle.
20. That by reason of the foregoing and the negligence of the defendants, the decedent
plaintiff, decedent APOLLINE MONG GUILLEMIN, sustained serious, severe, and permanent
injuries resulting in her death.
21. That by reason of the wrongful, negligent and unlawful actions of the defendants,
as aforesaid, the decedent plaintiff, APOLLINE MONG GUILLEMIN sustained serious injuries
as defined in the Insurance Law of the State of New York, and has sustained economic loss greater
than basic economic loss as defined in said Insurance Law.
22. The decedent plaintiff, APOLLINE MONG GUILLEMIN, sustained pre-impact
terror prior to her death.
23. The decedent plaintiff, APOLLINE MONG GUILLEMIN, sustained conscious
pain and suffering prior to her death.
24. The plaintiff, JULIEN MONG and MARION GUILLEMIN, claims all damages
recoverable under New York State Law, including pecuniary damages, loss of services and
financial and burial expenses.
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25. As a result of the collision, all plaintiffs sustained serious injuries as defined by
Insurance Law §5102(d).
26. The amounts sought herein exceed the jurisdictional limits of the lower courts.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST ALL DEFENDANTS
27. That at all times hereinafter mentioned, the plaintiffs repeats, reiterates and realleges
each and every allegation contained in the paragraphs of this Complaint designated as “1" through
“26" herein, as though more fully set forth herein at length.
28. That on September 11, 2021, the decedent plaintiff, APOLLINE MONG
GUILLEMIN, died at the age of three months as a result of the negligence of the defendants.
29. The decedent plaintiff, APOLLINE MONG GUILLEMIN, was caused to sustain
injuries which caused death by reason of the actions of the defendants herein alleged, and was caused
to sustain wrongful death as so defined. That as a result of the negligence of the defendants as
aforesaid, this plaintiff, JULIEN MONG, as the Administrator of the Estate of APOLLINE MONG
GUILLEMIN, deceased, sustained damages in an amount exceeding the jurisdictional limits of all
the lower Courts.
AS AND FOR A THIRD CAUSE OF ACTION AGAINST ALL DEFENDANTS
30. That at all times hereinafter mentioned, the plaintiffs repeat, reiterate and reallege each
and every allegation contained in the paragraphs of this Complaint designated as “1" through “29"
herein, as though more fully set forth herein at length.
31. That on September 11, 2021, and at all times hereinafter mentioned, and upon
information and belief, the decedent plaintiff, APOLLINE MONG GUILLEMIN, was a lawful
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pedestrian at the intersection of Vanderbilt Avenue and Gates Avenue in the County of Kings, City
and State of New York.
32. The above referenced occurrence caused plaintiff decedent, APOLLINE MONG
GUILLEMIN to sustain serious personal injuries, severe conscious pain, suffering and pre-impact
terror/death ultimately resulting in her death on September 11, 2021.
33. That as a result of the negligent acts of defendants, the decedent plaintiff,
APOLLINE MONG GUILLEMIN, sustained serious injuries and endured great pain, conscious
pain and suffering on September 11, 2021, the date of her death.
34. That as a result of the foregoing, the decedent plaintiff, APOLLINE MONG
GUILLEMIN, was caused to suffer “serious injuries” as defined by subdivision (d) of Section 5102
of the Insurance Law of the State of New York and is a covered person entitled to recover for such
economic loss including pain, suffering, disfigurement and death, to be sick, sore, lame and disabled,
suffered serious injuries, extreme pain about her body and limbs, and upon information and belief died
and during the period prior to her death suffered extreme, conscious pain and suffering and mental
anguish. This action falls within one or more of the exceptions set forth in CPLR §1602.
35. That as a result of the defendants’ negligence as aforesaid, the decedent plaintiff,
APOLLINE MONG GUILLEMIN, sustained conscious pain, suffering and pre-impact
terror/death thereby sustaining damages in an amount exceeding the jurisdictional limits of all the
lower Courts.
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AS AND FOR A FOURTH CAUSE OF ACTION AGAINST ALL DEFENDANTS
37. The actions of the defendants herein-above alleged, were malicious, willful and
grossly negligent.
38. That the defendants, acted in a malicious and willful manner in operating the motor
vehicle, causing co-defendants vehicle to strike the decedent plaintiff, APOLLINE MONG
GUILLEMIN, at the aforesaid location, which resulted in her death.
39. That as a result of the negligence of the defendants as aforesaid, plaintiff, JULIEN
MONG, as the Administrator of the Estate of APOLLINE MONG GUILLEMIN, deceased,
sustained damages in an amount exceeding the jurisdictional limits of all the lower Court.
AS AND FOR A FIFTH CAUSE OF ACTION AGAINST ALL DEFENDANTS
strike the plaintiff pedestrians; in losing control of their vehicle; in failing to apply the brakes in a
timely fashion; in failing to maintain proper distance; in failing to keep a watchful eye on the
in failing to yield to a pedestrian; in failing to make proper use of horns, brakes, and other devices;
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in failing to properly navigate; in operating their vehicle on a sidewalk; in failing to keep their
vehicle on the roadway; in operating their vehicle at a high rate of speed on a sidewalk; in losing
control of their vehicle; in striking the plaintiffs; in failing to heed the prevailing traffic conditions;
in driving too fast for the prevailing traffic conditions; in failing to pay attention; in becoming
distracted, inattentive, and sidetracked; in performing acts on the roadway which are forbidden
and in failing to act as required by law, in violation of VTL §1100; in driving the vehicle at a speed
greater than is reasonable and prudent under the conditions in light of the actual and potential
hazards in violation of VTL § 1180 (a), 1180 e and 1180-a; in violating VTL § 1101, 1110, 1111,
1111-a, 1129, 1140, 1146, 1163, 1172, 1180, 1180-a and 1212; and defendant was otherwise
reckless, careless and negligent.
42. As a result of defendants’ negligence, plaintiff MARION GUILLEMIN, sustained
serious, severe, and permanent injuries to her head, ribs, pelvis; face, traumatic brain injury, among
other injuries, including multiple fractures; required surgical intervention; scarring; cosmetic
deformity; mental anguish and distress; plaintiff MARION GUILLEMIN, required hospital and
medical care and will require such care and treatment in the future; plaintiff MARION
GUILLEMIN, will require physical therapy and rehabilitation; osteoarthritic changes are
anticipated; cosmetic deformity; still suffers and will continue to suffer great physical and mental
pain and serious bodily injury; became sick, sore, lame and disabled and so remained for
considerable length of time; and plaintiffs has been otherwise damaged, all of which damages are
permanent in nature and continuing into the future.
43. That by reason of the wrongful negligent and unlawful actions of the defendants,
the plaintiff MARION GUILLEMIN, sustained serious injuries including but not limited to
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fractures, as defined in the Insurance law of the State of New York, in that plaintiff sustained
fractures, a permanent loss of use of a body organ, member, function or system, a permanent
consequential limitation of use of body organ, or member, a significant limitation of use of body
function or system and a medical determined injury or impairment of a non-permanent nature
which prevented plaintiffs from performing substantially all of the material acts which constitute
plaintiffs’ usual customary daily activities for at least ninety days during the one hundred eighty
days immediately following the accident herein, and has sustained economic loss greater than basic
economic loss as defined in said Insurance Law.
44. Additionally, in the event that the injuries to the plaintiffs were superimposed upon
any pre-existing condition (including but not limited to any latent condition), or there was any pre-
existing element (including but not limited to the normal aging process), which may have
contributed to the extent and severity of plaintiff’s injuries and rendered plaintiff more prone
and/or weakened and/or susceptible to further injury, then such pre-existing condition or
susceptibility, if any, were aggravated, activated, precipitated, triggered, accelerated and/or acted
upon by the injuries sustained by plaintiff in the subject occurrence and/or caused plaintiff to
become symptomatic.
45. That by reason of the foregoing and the negligence of the said defendants, this
plaintiff MARION GUILLEMIN, injuries are permanent and that she will permanently suffer
from the effects of her injuries and will be caused to suffer permanent embarrassment and
continuous pain and inconvenience.
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46. That by reason of the foregoing, this plaintiff, MARION GUILLEMIN, was
compelled and did necessarily require medical aid and attention, did necessarily pay and become
liable therefore, for medicines and will necessarily incur similar expenses.
47. That by reason of the foregoing, the plaintiff, MARION GUILLEMIN, has been
unable to attend to her usual activity in the manner required.
as aforesaid, the plaintiff, MARION GUILLEMIN, was severely injured, bruised and wounded,
suffered, still suffers, and will continue to suffer for some time great physical pain and great bodily
injuries and became sick, sore, lame and disabled and so remained for a considerable length of
time.
49. This action falls within one or more of the exceptions set forth in CPLR§1602(4),
CPLR§1602 (6), CPLR§1602 (7) & CPLR§1602(11) .
50. That a result of the defendants’ negligence, this plaintiff, MARION
GUILLEMIN, has sustained damages both compensatory and exemplary in an amount exceeding
the jurisdictional limits of all lower Courts.
51. By reason of the foregoing, plaintiff is entitled to recover the full extent of her
damages from the defendant in an amount to be determined by a jury at trial.
AS AND AS AND FOR A SIXTH CAUSE OF ACTION AGAINST ALL DEFENDANTS
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strike the plaintiff pedestrians; in losing control of their vehicle; in failing to apply the brakes in a
timely fashion; in failing to maintain proper distance; in failing to keep a watchful eye on the
in failing to yield to a pedestrian; in failing to make proper use of horns, brakes, and other devices;
in failing to properly navigate; in operating their vehicle on a sidewalk; in failing to keep their
vehicle on the roadway; in operating their vehicle at a high rate of speed on a sidewalk; in losing
control of their vehicle; in striking the plaintiffs; in failing to heed the prevailing traffic conditions;
in driving too fast for the prevailing traffic conditions; in failing to pay attention; in becoming
distracted, inattentive, and sidetracked; in performing acts on the roadway which are forbidden
and in failing to act as required by law, in violation of VTL §1100; in driving the vehicle at a speed
greater than is reasonable and prudent under the conditions in light of the actual and potential
hazards in violation of VTL § 1180 (a), 1180 e and 1180-a; in violating VTL § 1101, 1110, 1111,
1111-a, 1129, 1140, 1146, 1163, 1172, 1180, 1180-a and 1212; and defendant was otherwise
reckless, careless and negligent.
54. As a result of defendants negligence, plaintiff JULIEN MONG, sustained serious,
severe, and permanent injuries to his neck, legs, sacrum, among other injuries, which may require
surgical intervention, mental anguish and distress; plaintiff JULIEN MONG required hospital
and medical care and will require such care and treatment in the future; plaintiff JULIEN MONG,
will require physical therapy and rehabilitation; osteoarthritic changes are anticipated; cosmetic
deformity; still suffers and will continue to suffer great physical and mental pain and serious bodily
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injury; became sick, sore, lame and disabled and so remained for considerable length of time; and
plaintiff has been otherwise damaged, all of which damages are permanent in nature and
continuing into the future.
55. That by reason of the wrongful negligent and unlawful actions of the defendants,
the plaintiff JULIEN MONG sustained serious injuries including but not limited to fractures, as
defined in the Insurance Law of the State of New York, in that plaintiff sustained fractures, a
permanent loss of use of a body organ, member, function or system, a permanent consequential
limitation of use of body organ, or member, a significant limitation of use of body function or
system and a medical determined injury or impairment of a non-permanent nature which prevented
plaintiff from performing substantially all of the material acts which constitute plaintiff’s usual
customary daily activities for at least ninety days during the one hundred eighty days immediately
following the accident herein, and has sustained economic loss greater than basic economic loss
as defined in said Insurance Law.
56. Additionally, in the event that the injuries to the plaintiffs were superimposed upon
any pre-existing condition (including but not limited to any latent condition), or there was any pre-
existing element (including but not limited to the normal aging process), which may have
contributed to the extent and severity of plaintiffs’ injuries and rendered plaintiff more prone
and/or weakened and/or susceptible to further injury, then such pre-existing condition or
susceptibility, if any, were aggravated, activated, precipitated, triggered, accelerated and/or acted
upon by the injuries sustained by plaintiff in the subject occurrence and/or caused plaintiff to
become symptomatic.
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57. That by reason of the foregoing and the negligence of the said defendant, this
plaintiff JULIEN MONG, injuries are permanent and that he will permanently suffer from the
effects of his injuries and will be caused to suffer permanent embarrassment and continuous pain
and inconvenience.
58. That by reason of the foregoing, this plaintiff, JULIEN MONG was compelled
and did necessarily require medical aid and attention did necessarily pay and become liable
therefore, for medicines and will necessarily incur similar expenses.
59. That by reason of the foregoing, the plaintiff, JULIEN MONG has unable to attend
to his usual activity in the manner required.
as aforesaid, the plaintiff, JULIEN MONG was severely injured, bruised and wounded, suffered,
still suffers, and will continue to suffer for some time great physical pain and great bodily injuries
and became sick, sore, lame and disabled and so remained for a considerable length of time.
CPLR§1602 (6), CPLR§1602 (7) & CPLR§1602(11) .
62. That a result of the defendants’ negligence, this plaintiff, JULIEN MONG, has
sustained damages both compensatory and exemplary in an amount exceeding the jurisdictional
limits of all lower Courts.
63. By reason of the foregoing, plaintiff is entitled to recover the full extent of his
AS AND AS AND FOR A SEVENTH CAUSE OF ACTION AGAINST THE CITY OF

NEW YORK, NEW YORK CITY DEPARTMENT OF TRANSPORTATION,
NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION, AND THE
NEW YORK CITY POLICE DEPARTMENT
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65. Decedent, APOLLINE MONG GUILLEMIN was killed and plaintiffs, JULIEN
MONG and his wife MARION GUILLEMIN were caused to sustain serious, severe and
permanent personal and emotional injuries, by reason of the negligence, recklessness and
carelessness and wanton and willful acts and/or omissions of their agents, servants, employees
and/or licensees in the design, construction, ownership, operation, control supervision, creation and
maintenance of the aforesaid intersection of Vanderbilt Avenue and Gates Avenue, the roadways
and intersections at or near the aforementioned intersection, including but not limited to sidewalks,
pedestrian walkways, medians, islands, crosswalks, traffic signs, traffic signals, signal timing,
traffic signal sequencing, roadway geometry, pedestrian signals, pedestrian ramps, signage, traffic
flow, lane usage, lane demarcation, pedestrian visibility, driver visibility, and traffic and pedestrian
conditions, safety and controls; in carelessly negligently and recklessly causing, permitting and/or
allowing the aforementioned roadways to be, become and remain in a dangerous and hazardous
condition, constituting a trap, nuisance and hazard to those lawful pedestrians and specifically the
plaintiffs, in that defendants, carelessly, negligently and with gross negligence and utter disregard
for the safety of persons traversing thereat, failed to design, construct, own, operate, control,
supervise, create and maintain the aforesaid roads, intersections and appurtenances in a reasonably
safe condition thereby creating dangerous and hazardous conditions for those lawful pedestrians
and specifically the plaintiffs; in carelessly and negligently causing and permitting, inadequate, in
failing to have and install speed bumps, speed humps, speed cushions, speed tables, gateways curb
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extensions, raised pedestrian crossing, raised intersections, median barriers, traffic diverters, and/or
other traffic control measures to control and prevent vehicles from traveling at unsafe and/or
excessive rates of speed; or other traffic control measures to control and prevent vehicles from
traveling in the wrong direction of travel, in carelessly and negligently causing and permitting,
inadequate. improper and otherwise defective traffic control sequencing thereby causing, promoting
and otherwise resulting in vehicular traffic traveling along and about the aforesaid roadways at
unsafe, excessive, dangerous and hazardous rates of speed, in having an inadequate, improper and
insufficient roadway and intersection design and plan; in failing to review the existing roadway
design and plan in light of its actual operation; in creating, causing and permitting and otherwise
failing to repair, replace and correct, the dangerous and hazardous conditions created, caused
resulting and existing therein due to inadequate, improper, dangerous, hazardous and insufficient
sidewalks, pedestrian walkways, medians, islands, crosswalks, traffic signs, traffic signals, signal
timing, traffic signal sequencing, pedestrian crossing times, improper and dangerous pedestrian
crossing distances, roadway geometry, pedestrian signals, pedestrian ramps signage traffic flow,
lane usage, lane demarcation, pedestrian visibility; driver visibility, and traffic and pedestrian
conditions, safety and, despite having constructive notice and/or written notice prior to the date of
accident; in failing to address prior complaints from the public regarding the aforementioned area;
in actually creating the aforesaid dangerous and hazardous conditions complained of herein; in
carelessly and negligently failing to install, have in place and otherwise utilize traffic surveillance
cameras at the aforesaid intersection and roadways at the time of the accident; in failing and refusing
to enact, commence and take the necessary and proper remedial measures to correct, remove, repair,
reduce and otherwise eliminate the dangerous and hazardous conditions complained of herein; in
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failing to take the necessary steps to alleviate said dangerous and hazardous conditions before
authorizing the use and access to vehicular traffic and pedestrians; in failing to erect barricades, or
otherwise restrict use of aforesaid area to prevent hazards, traps and nuisances from endangering
the general public and, more particularly, plaintiffs herein; in failing to warn the general public and,
more particularly, plaintiffs herein of the subject hazards, traps and nuisances; in permitting and
allowing the aforesaid conditions to exist at the aforesaid intersection and roadways; in failing to
undertake proper and/or adequate safety studies and/or surveys· in failing to heed the
recommendations and suggestions for roadway and signage, traffic and pedestrian control redesigns
and reconfiguration from previously conducted studies and surveys of the vehicular and pedestrian
traffic and traffic patterns in the aforesaid intersection and roadways and in similarly situated
roadways and intersections; in failing to comply with the requirements of the applicable Statutes,
Rules, Ordinances, Administrative Code Sections, Building Code, Orders of the City and State of
New York; New York City Charter and other Federal, County, and/or city governments; and/or of
any or all of their departments, divisions and bureaus including but not limited to: New York City
Charter §2903, et seq.; New York City Charter §2903(b)(1)(2)(3); and the following sections of the
Administrative Code of the City of New York: §19-110, §19-115, § 19- 145, § 19-147 and §7-201(
c ); and General City Law §20(7); and in failing to take the necessary steps. measures and actions
which would have prevented the aforesaid accident which was foreseeable.
66. Defendants received actual or written notice prior to September 11, 2021, and failed
and/or neglected to make timely repairs to correct and remove said dangerous and hazardous
conditions, and/or actually created the aforesaid dangerous and hazardous conditions and were
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aware of the constant recurring dangers and hazards to vehicular and pedestrian safety complained
of herein.
67. Defendants were further negligent, reckless, and acted in wanton disregard in their
unsafe pursuit of Mott’s vehicle for running a red light, prior to the subject incident involving the
Plaintiffs. Defendants engaged in pursuit when circumstances warranted discontinuance and failed
to adhere to the NYPD patrol guide; and the risks to the public, including the plaintiffs,
outweighed the danger to the community if suspect was not immediately apprehended; in failing
to comply with the requirements of the applicable Statutes, Rules, Ordinances, including but not
limited to VTL §1104; the internal rules, regulations, manuals, protocols and guidelines of the
respondents herein were negligent in hiring, training and retention of the police officers involved
whose identity are presently unknown. Plaintiffs relies on the doctrine of respondeat superior.
68. Defendants, their agents, servants, employees and/or licensees, were further
negligent, careless, and reckless in failing to enforce the Reckless Driver Accountability Act; in
failing to seize the driver defendants even though he had amassed more than the requisite number
of camera violations according to the Reckless Driver Accountability Act, negligently and
recklessly causing, permitting and/or allowing the defendant Mott to have access to a vehicle and
drive, despite having constructive notice and/or written notice of his violations prior to the date of
accident. Defendants actions contributed to Moore’s Vehicle striking the Plaintiffs. Defendants
through promises and other actions took an affirmative duty to hold drivers accountable and keep
pedestrians such as the Plaintiffs’ safe from repeatedly reckless drivers. Plaintiffs justifiably relied
on Defendants to enforce the Reckless Driver Accountability Act.
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69. Defendants above mentioned conduct caused negligent infliction of emotional
distress to the plaintiffs who are immediate family members, as they were caused to be in the zone
of danger, witnessing serious injury and death of a family member and caused Plaintiffs to suffer
emotional harm. The above-mentioned conduct of the Defendants was a substantial factor in
causing the injuries and death of the Plaintiffs’ family members.
70. As a result of defendants’ negligence, the decedent plaintiff, APOLLINE MONG
GUILLEMIN, sustained serious, severe, and permanent injuries resulting in her death.
71. As a result of defendants’ negligence, plaintiff MARION GUILLEMIN, sustained
serious, severe, and permanent injuries to her neck, head, ribs, pelvis face, traumatic brain injury,
among other injuries, including multiple fractures, which required surgical intervention, mental
anguish and distress; plaintiff MARION GUILLEMIN, required hospital and medical care and
will require such care and treatment in the future; plaintiff MARION GUILLEMIN, will require
physical therapy and rehabilitation; osteoarthritic changes are anticipated; cosmetic deformity; still
suffers and will continue to suffer great physical and mental pain and serious bodily injury; became
sick, sore, lame and disabled and so remained for considerable length of time; and plaintiff has
been otherwise damaged, all of which damages are permanent in nature and continuing into the
future.
72. As a result of defendants negligence, plaintiff JULIEN MONG, sustained serious,
severe, and permanent injuries to his head, neck, among other injuries, which may require surgical
intervention, mental anguish and distress; plaintiff JULIEN MONG required hospital and medical
care and will require such care and treatment in the future; plaintiff JULIEN MONG, will require
physical therapy and rehabilitation; osteoarthritic changes are anticipated; cosmetic deformity; still
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suffers and will continue to suffer great physical and mental pain and serious bodily injury; became
sick, sore, lame and disabled and so remained for considerable length of time; and plaintiff has
been otherwise damaged, all of which damages are permanent in nature and continuing into the
future.
AS AND AS AND FOR AN EIGHTH CAUSE OF ACTION AGAINST ALL DEFENDANTS
74. That at the time of the occurrence complained of, plaintiff, JULIEN MONG, was
present with his daughter, infant decedent, APOLLINE MONG GUILLEMIN, and he observed
the accident while within the “zone of danger” of said accident.
75. That as a result of the defendants’ negligence, plaintiff, JULIEN MONG,
sustained a severe shock to his nervous system, was caused to suffer severe mental anguish as a
result therof and feared the imminent injuries and death of his daughter, APOLLINE MONG
GUILLEMIN.
CPLR§1602 (6), CPLR§1602 (7) & CPLR§1602(11) .
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AS AND AS AND FOR AN NINTH CAUSE OF ACTION AGAINST ALL DEFENDANTS
80. That at the time of the occurrence complained of, plaintiff, JULIEN MONG, was
present with his wife, MARION GUILLEMIN, and he observed the accident while within the
“zone of danger” of said accident.
81. That as a result of the defendants’ negligence, plaintiff, JULIEN MONG,
result therof and feared the imminent injuries and his wife, MARION GUILLEMIN.
CPLR§1602 (6), CPLR§1602 (7) & CPLR§1602(11) .
AS AND AS AND FOR AN TENTH CAUSE OF ACTION AGAINST ALL DEFENDANTS
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86. That at the time of the occurrence complained of, plaintiff, MARION GUILLEMIN,
was present with her daughter, infant decedent, APOLLINE MONG GUILLEMIN, and he
observed the accident while within the “zone of danger” of said accident.
87. That as a result of the defendants’ negligence, plaintiff, MARION GUILLEMIN,
result therof and feared the imminent injuries and death of his daughter, APOLLINE MONG
GUILLEMIN.
CPLR§1602 (6), CPLR§1602 (7) & CPLR§1602(11) .
89. That a result of the defendants’ negligence, this plaintiff, MARION GUILLEMIN,
has sustained damages both compensatory and exemplary in an amount exceeding the
jurisdictional limits of all lower Courts.
AS AND AS AND FOR AN ELEVENTH CAUSE OF ACTION AGAINST ALL

DEFENDANTS
92. That at all times hereinafter mentioned, the plaintiff, JULIEN MONG, was the father
of the decedent plaintiff, APOLLINE MONG GUILLEMIN, and as such plaintiff, JULIEN
MONG, was entitled to the society and services of the decedent plaintiff, APOLLINE MONG
GUILLEMIN.
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93. By reason of the aforementioned negligence of the defendants, the plaintiff, JULIEN
MONG, was deprived of the society and services of the decedent plaintiff, APOLLINE MONG
GUILLEMIN, and shall forever be deprived of said society and services.
94. As a result of the aforementioned negligence, the plaintiff, JULIEN MONG, has
expended diverse sums of money in payment of the expenses incurred for the decedent plaintiff,
APOLLINE MONG GUILLEMIN
95. That by reason of the foregoing negligence on the part of the defendants, the plaintiff,
JULIEN MONG, has been damaged in an amount exceeding the jurisdictional limits of all lower
Courts.
AS AND AS AND FOR A TWELVTH CAUSE OF ACTION AGAINST ALL

DEFENDANTS
97. That at all times hereinafter mentioned, the plaintiff, JULIEN MONG, was the
husband of the plaintiff, MARION GUILLEMIN, and as such plaintiff, JULIEN MONG, was
entitled to the society and services of the plaintiff, MARION GUILLEMIN.
98. By reason of the aforementioned negligence of the defendants, the plaintiff, JULIEN
MONG, was deprived of the society and services of the plaintiff, MARION GUILLEMIN, and
shall forever be deprived of said society and services.
99. As a result of the aforementioned negligence, the plaintiff, JULIEN MONG, has
expended diverse sums of money in payment of the expenses incurred for the plaintiff, MARION
GUILLEMIN
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JULIEN MONG, has been damaged in an amount exceeding the jurisdictional limits of all lower
Courts.
AS AND AS AND FOR AN THIRTEENTH CAUSE OF ACTION AGAINST ALL

DEFENDANTS
102. That at all times hereinafter mentioned, the plaintiff, MARION GUILLEMIN, was
the mother of the decedent plaintiff, APOLLINE MONG GUILLEMIN, and as such plaintiff,
MARION GUILLEMIN was entitled to the society and services of the decedent plaintiff,
APOLLINE MONG GUILLEMIN.
103. By reason of the aforementioned negligence of the defendants, the plaintiff,
MARION GUILLEMIN, was deprived of the society and services of the decedent plaintiff,
APOLLINE MONG GUILLEMIN, and shall forever be deprived of said society and services.
104. As a result of the aforementioned negligence, the plaintiff, MARION GUILLEMIN,
has expended diverse sums of money in payment of the expenses incurred for the decedent plaintiff,
APOLLINE MONG GUILLEMIN
MARION GUILLEMIN, has been damaged in an amount exceeding the jurisdictional limits of all
lower Courts.
WHEREFORE, the plaintiffs demands judgment against the defendant to recover
all damages, together with costs, disbursements and attorney’s fees to the extent permitted by law
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July 19, 2022
BELLUCK & FOX, LLP

Attorneys for Plaintiffs
546 Fifth Avenue ∙ 5th Floor
New York, NY 10036
(212) 681-1575
By:
Harris Marks
ATTORNEY VERIFICATION
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STATE OF NEW YORK )

)
COUNTY OF NEW YORK )
Harris Marks, Esq., an attorney duly admitted to practice before the Courts of the State
of New York, affirms the following to be true under the penalties of perjury:
I am an associate of BELLUCK & FOX, LLP, attorneys of record for Plaintiffs.
I have read the annexed COMPLAINT and know the contents thereof, and the same are
true to my knowledge, except those matters therein which are stated to be alleged upon information
and belief, and as to those matters, I believe them to be true. My belief, as to those matters therein
not stated upon knowledge, is based upon facts, records, and other pertinent information contained
in my files.
The reason this verification is made by me and not by plaintiffs is that Plaintiffs are not
presently in the county wherein I maintain my offices.

July 19, 2022
BELLUCK & FOX, LLP
Harris Marks
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Julien Mong V Tyrik Mott Et Al Summons Complaint 1

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FILED: KINGS COUNTY CLERK 07/19/2022 12:38 PM INDEX NO.

SUPREME COURT OF THE STATE OF NEW YORK

TO THE ABOVE-NAMED DEFENDANTS:

Dated: New York, New York

HALLIE MOORE and JOSEPH MOORE

THE CITY OF NEW YORK

NEW YORK CITY DEPARTMENT OF TRANSPORTATION

NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION,

NEW YORK CITY POLICE DEPARTMENT

SUPREME COURT OF THE STATE OF NEW YORK

TYRIK MOTT, HALLIE MOORE, JOSEPH MOORE,

respectfully states and alleges, upon information and belief as follows:

1. This complaint arises from a motor vehicle collision occurring on or about

September 11, 2021. (“Date of Accident”).

2. The plaintiffs were and are residents of County of KINGS.

3. On the Date of the Accident, APOLLINE MONG GUILLEMIN was the

4. The plaintiff, JULIEN MONG, is the Proposed Administrator of the Estate of

APOLLINE MONG GUILLEMIN .

residents of Hudson, New York.

8. Defendants NEW YORK CITY DEPARTMENT OF TRANSPORTATION,

NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION, and NEW

hearing of the plaintiffs was held.

THE UNDERLYING FACTS

15. On the Date of Accident, plaintiffs JULIEN MONG, MARION GUILLEMIN,

16. Due to defendants’ recklessness, carelessness, and negligence, defendant Mott’s

her death on September 11, 2021.

AS AND FOR A FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS

otherwise reckless, careless and negligent.

operation and control of their motor vehicle.

injuries resulting in her death.

than basic economic loss as defined in said Insurance Law.

22. The decedent plaintiff, APOLLINE MONG GUILLEMIN, sustained pre-impact

terror prior to her death.

23. The decedent plaintiff, APOLLINE MONG GUILLEMIN, sustained conscious

pain and suffering prior to her death.

financial and burial expenses.

Insurance Law §5102(d).

AS AND FOR A SECOND CAUSE OF ACTION AGAINST ALL DEFENDANTS

“26" herein, as though more fully set forth herein at length.

the lower Courts.

AS AND FOR A THIRD CAUSE OF ACTION AGAINST ALL DEFENDANTS

herein, as though more fully set forth herein at length.

and State of New York.

terror/death ultimately resulting in her death on September 11, 2021.

APOLLINE MONG GUILLEMIN, sustained conscious pain, suffering and pre-impact

AS AND FOR A FOURTH CAUSE OF ACTION AGAINST ALL DEFENDANTS

“35" herein, as though more fully set forth herein at length.

GUILLEMIN, at the aforesaid location, which resulted in her death.

MONG, as the Administrator of the Estate of APOLLINE MONG GUILLEMIN, deceased,

AS AND FOR A FIFTH CAUSE OF ACTION AGAINST ALL DEFENDANTS

“39" herein, as though more fully set forth herein at length.

reckless, careless and negligent.

42. As a result of defendants’ negligence, plaintiff MARION GUILLEMIN, sustained

permanent in nature and continuing into the future.

function or system and a medical determined injury or impairment of a non-permanent nature

economic loss as defined in said Insurance Law.

continuous pain and inconvenience.

unable to attend to her usual activity in the manner required.

CPLR§1602 (6), CPLR§1602 (7) & CPLR§1602(11) .