EQWE 23?? R0036 5% g?fferga, New Yam $5901 {84553) $153300 FM: (845} 35798533 33?. LAWRENEE CERESTMN Ge 979%: 653% Dagember ?73 2016 Michasi Klan? ESQ. Town of Ramapo 237 Roam 59 Suffer-T19 New York: 10901 RE: CLAEM MALBQNABQ V, TGWN RAMAPQ AL Mr. Kisin: The "Iowa Clsri?s of?ce meeived ens (1) copy of tha attached Notice of Claim, Dacember ?79 2016 at 1 1:14 5 Via ce?i?ad mail Attached phase ?nd, ans (1) copy of sams. Raspest?uily yours? . If?! ?7 i I l' -- Mau??en Deputy Town Clerk 5* in the Matter of the Claim of DAVID MALDONADO against THE TOWN OF RAMAPO POLICE.DEPARMENTH TO: TOWN or RAMAPOF Ramapo Town Halli 237 Route 59;, Sufferny New York TOWN OF RAMAPO POLICE Route 59? Sutfernf Newj York lO9lF c/o TOWN OF c/o CHRISTIAN D6 SAMPSON 237 Route 59f Sefferny New York CHRISTIAN Go each .address of claimant and The name and posteoffice claimantis attorney ie: ill John Street? Suite l230 New Yorky New York 10038 Brewer Road Monseyp New York 10952 The nature of the claim: 'Claimantp DAVID was injured in an automobile accident when he was struck by?a motor vehicle that was owned and operated by Police Officer Jonathan Moequreaf an officer' assigned to the City of Peekskilly New York? Police Departmento David Maldonado a was injured as a result of the? negligencei carelessness and recklessness" ot? the CITY OF PEEKSKILL POLICE DEPARTMENT and their employee and driver? JONATHAN in the ownership? operation? management? maintenancey repair and control of a motor'vehicleo The motor Vehicle was owned and operated by Pa 00 JONATHAN MOSOUERA in the regular course of hie employment by the CITY OF and the CTTY OF PEEKSKILL POLICE Pa Mosqurea' failed to }oroperly follow? the applicable statutesf_ regulations? ordinanacee and rules ot the State of New York and/or of the Village of Sufferh and/or of the Town of Ramapo; New'Yorkf including? but not limited to? the New York State Vehicle and Traffic Law; The TOWN OF RAMAPO and the TOWN OF RAMAPO POL CE DEPARTMENT were negligent in the hiringf trainingf instruotion and/or retention.of its Police Officers and/or Detectivesa The accident investigation tozjetermine the? cause of and who was responsible and/or caueed the accident was conducted by the RAMAPO POLICE and Officers end/or Detectives assigned to the Ramaoo Police Departmente This is a claim agasint the TOWN OF RAMAPO and the TOWN OF RAMAPO TXHJIEE DEPARTMENT vow) were negligent ia: the Notice of MALDONADO December 5? 2016 Page.2 investigation of this accident and in the collection and/or retention. ofsvi?ieme relating to this?raccidem which involved Va police officer Jonthan Mosquera) who was the driverV and owner? of? one of the motor? vehicle involved in *Uiis' accidento It is also claimed that the Town of Ramapo Police. Department and its officers and/or detectives may have intentionally thwarted and/or prejudice? the investigation and/or covered up and/or distorted and/or withheld evidence? and failed to and/or refused to interview many witnesses to the accidents These witnesses include? but are not limited to? students and/or employees of the school that was located at 996 Route ZOZF Sufferny New Yorko These officers and/or Detectives? upon information and belief? also attempted to? and did? intimidate at least one of the aforesaid witnesses? On September 8F 2016? at approximately 3:00 3:30 Aime? Detectives and/or police officers c?f the Rampapo Police Deparment came to and entered the located at 996 Route, 202? Suffernf New York;F and woke up a student witness (Aaron Cameo) and forced/intimidated and/or demanded that he give a statment regarding this accident and insisted that a certain and inaccurate statmement be giVeno This action and the'taking' of the statement was done despite objection by supervisors/staff (If the school? Also negligent and/or intentional failure to follow police protocols and practices includingy inn: not limited ixn, those found the Police Departments Patrol Guide and/or? elsewhere? and failure to? follOW? generally' acceptedl police procedures for accident investigations and for investigations involving the actions of a police officers it is alleged that the foregoing was done in an attempt to protect the Town of Peekskilly the Town of Peekskill Police Department and/or Police Officer Jonathan Mosquerao ?As a result of the above; claimantis claim and future lawsuit against the City of Peekskill and/or against the City of of Peekskill Police Department and/or against P605 Mosqurea for damages sustained in this accident will and/or* may? be negatively~ prejudiced and/or impactedl severely and Th: time wheel the place where and the manner in which the claim arose: Claimantis accidnet occurred and his injuries were sustained in a motor vehicle on September 20l6 at approximatelyi at The accident on Route 202? or about; 33:45ell250 pmo between Wilder Road in Lime Kiln Road; Suffern; New York and; Notice of MALDONADO December 5, Page was a 20l6 3 more particularly? in front of 996 Route 202; Suffers? New, York At, said timeland .106atiem?the .rclaimantg._ DAVID pedestrian standing'on or about the grass onr the road (Route 202) which area? upon information and belief? was on or in front of the premises? known as 996 Route 202? Suffernf NeW?Yorko At said time andr place? claimant was struck by a abtor vehicle operated by Police Officer JONATHAN in the regular course. of his employment with the CITY GP PEEKSKILL and the CITY OF PEEKSKILL POLICE P000 Mosqurea was driving his: vehicle eastbound on Route 202? at an unsafe? unreasonable and unlawful speed; when he attemtped to pass and/or to avoid rearending another motor vehicle that was in the eastbound_ Route 202 and. which. was being operated by' Tzvi Hakakianp and which vehicle had slowed to make a left turn into the driveway of the premises known and 996 Route ZOZF Sufferny New YOIKQ As P000 Mosqurea attempted to drive around and pass the Hakakian vehicle and ?while still driving eastboundf he entered the westbound lane tor traffic on Route? 202 and? in attempting to go around and to pass the Hakakian vehicley he struck the Hakakian vehcile; lost control of his vehicle? left the roadway and struck claimant; DAVIEDMALDONADO- and another pedestrian; Mordechai Tawilf who were standing on or? about. the grass off (Hi the side tn? the roadway? as aforesaido Police Officers and/or Detectives of the Ramapo Police Department responded to the accident scene and began investigating the accident on September 7f 20l6 (the evening? the westbound side of lane of of the accident) and said investigation? upon information and' belief is still continuing to date (is: l2/5/l6)9 (Further' details can be obtained through the police reports? and the Police and/or' the Prosecutorls and/or Rockland County? District Attorney?s officesE investigative files which are in the possession.ot the Town of Ramapo and/or the Town of Ramapo Police Department and/or the prosecutoris office and/or the Rockland County District Attorneyis office? The statement taken the aforementioned witness should also tma found, within the aforementioned fileso l?mtographs may also be obtained from the Town of Ramapo and/or the Town of Ramapo Police Department? Claimant is not presently'in possesion of these matrerialsf as they have not yet been releasedl) The items of damage or injuries claimed are: injury and pain and suferring including, but not to? inury to the left lower extremity; fracture of the Notice of MRLDONADO December 5; 2016 rPage a left ankle together with torn muscles? ligamente and/or. ,tissueszi fractured .skullzr lacerated meniscus; eprained.and dielocated_right kneey and back injurya The above injuries to the ankle and knee requried Surgerya Claimant also requried care for wound_infeetiono Also medical and/or other expenaeeq Claimant may also have and/or may in the future suffer loee of earningec The undersigned Claimant? DAVIE) by? his attorneyey therefore present this claim for adjustment and paymenta You are hereby notified that unless it ie adjusted.and paid within the time provided by law from the date of presentation to you? the Claimant intends to commence an action on thie claimg Dated: December 5y 20i6 LAW OFFICE OF HERSCHEL KULEFSKY Attorney(e) for Claimant lil John Street Suite 1230 New York? NY i0038 (212) 693ml67i By? i, . err ninoreaf ago; STATE or new roar? COUNTY or new roar ea: 1? the undersigned? am an attorney admitted to practice? in ?the courts ot? York, State? affirni the following under penaltiee of perjury and pursuant to CPLR ?2106f and say that I am the attorney of record, or of couneel with the attorney(e} of record? for Claimants have read the Notice of Claim herein and' know the contents thereof and the same are true to my knowledge? except those matters herein which are stated to be alleged on information and belief? and ae to those matters i believe them to. be truer My belief, ae to those matters herein not stated upon knowledgey is baeed upon information contained in the fileq The? reason I make this affirmation instead of Claimant is that Claimant reeidea outeide the County where Aftiant maintains officeeo Dated: December 5? 20l6 (If (w GIL (HE/he} in the?Metter of the Claim of DAVID MALDONADO against THE TOWN OF RAMAPO and THE TOWN OF RAMAPO POLICE DEPARMENT ESTICE GE CLAEM LAW OFFICE OF HERSCHEL KULEFSKY Attor?eys for Plaintiff 111 John Street Suite 1230 New York, NY i0038 (212) 693~l671