SUMMONS

On or about November 27, 2014, my mom and her sister Emily Klainberg got in a car accident.
They were both badly injured.
Emily survived.
Mama died.

In addition to the pain and suffering of losing our mother, my brother and I are also subject to the additional mental anguish and stress of being sued by our Aunt and Uncle.

But our suffering must pale in comparison to Dolph's, who is joining Emy in suing my dead mom, because he "was deprived of the aforesaid society, services and consortium of the Plaintiff, EMILY KLAINBERG, and shall forever be deprived of said society, services and consortium"

Though I am curious as to his definition of "forever be deprived", given that his wife, unlike my mother, is still alive.

I appreciate that the state of the medical insurance industry in the USA is so utterly broken that suing your dead sister's son is a financially prudent thing to do.

I also appreciate that their multi-million dollar New York loft, in addition to their nearly half-a-million dollar Florida summer home, and their dual New York retirement pensions, is clearly not enough personal wealth to satisfy whatever financial needs they have as a result of my mom being so negligent as to die.

So the only recourse left is to sue their dead sister, by way of her surviving son, their nephew.



For your reading pleasure I have highlighted some of my favorite passages in the summons below.

You can access all of the relevant court documents here:



I am truly curious: 
Exactly how much money is a dead sister and two miserable nephews worth?



FILED: NEW YORK COUNTY CLERK 01/14/2016 10:14 AM 
INDEX NO. 150336/2016
NYSCEF DOC. NO. 1 
RECEIVED NYSCEF: 01/14/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------X
EMILY KLAINBERG and ADOLF KLAINBERG,
Plaintiff(s),
-against-
CHRISTOPHER FEINSTEIN AS EXECUTOR OF
THE ESTATE OF BARBARA FEINSTEIN,
Defendant(s).
-------------------------------------------------------------X
To the above named Defendant(s):
Index: SUMMONS
Basis of Venue: Plaintiffs Residence

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 plaintiffs attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New 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.

Plaintiff's residence: 39 Great Jones Street Apartment 4, New York, NY 10012
Dated: New York, New York
January 8, 2016

Yours, etc.
HACH & ROSE, LLP
Attorneys for Plaintiff(s)
185 Madison Avenue, 14th Floor
New York, NY 10016

To: CHRISTOPHER FEINSTEIN AS EXECUTOR OF
THE ESTATE OF BARBARA FEINSTEIN


VERIFIED COMPLAINT
Plaintiff(s), EMILY KLAINBERG, by his/her/their attorneys, HACH & ROSE, LLP, as
and for a cause of action allege upon information and belief as follows:
AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF EMILY KLAINBERG
1. On or about November 27, 2014, and at all times herein mentioned, the Plaintiff(s),
EMILY KLAINBERG, were and still are resident(s) of the County of New York, State of
New York;
2. This action falls within one or more of the exceptions set forth in CPLR Section 1602;
3. The cause of action herein arose in the County of Madison, State of New York;
4. On or about November 27, 2014, and at all times herein mentioned, Defendant(s) decedent,
BARBARA FEINSTEIN, was/were a resident(s) of the County of Cayuga, State of New
York;
5. Defendant(s) CHRISTOPHER FEINSTEIN is the executor of the estate of Defendant(s)
decedent BARBARA FEINSTEIN;
6. Defendant(s) CHRISTOPHER FEINSTEIN is the executor of the estate of Defendant(s)
decedent BARBARA FEINSTEIN, pursuant to letters of administration;
7. On or about November 27, 2014, and at all times herein mentioned, Defendant(s) decedent,
BARBARA FEINSTEIN was/were the owner(s) of a 2003 Subaru bearing New York State
license plate number BE TWIN;
8. On or about November 27, 2014, and at all times herein mentioned, Defendant(s) decedent,
BARBARA FEINSTEIN, was/were the registrant of the aforesaid vehicle;
9. On or about November 27, 2014, and at all times herein mentioned, Defendant(s) decedent,
BARBARA FEINSTEIN, operated the aforesaid motor vehicle, bearing license plate
number BE TWIN;
10. On or about November 27, 2014, and at all times herein mentioned, Defendant(s) decedent,
BARBARA FEINSTEIN, controlled the aforesaid motor vehicle;
11. On or about, November 27, 2014, and at all times herein mentioned, Plaintiff(s), EMILY
KLAINBERG, was a passenger in the vehicle operated by Defendant(s) decedent BARBARA FEINSTEIN;
12. On or about, November 27, 2014, and at all times herein mentioned, I90 Westbound, City
of Oneida NY, was a public roadways and/or thoroughfares;
13. On or about, November 27, 2014, at the aforesaid location, the vehicle owned and operated
by Defendant(s) decedent, BARBARA FEINSTEIN, in which Plaintiff EMILY KLAINBERG was a passenger, struck a guard rail and subsequently a tree;
14. As a result of the occurrence, Plaintiff(s), EMILY KLAINBERG, was/were seriously
injured;
15. That the aforesaid occurrence was caused wholly and solely by reason of the negligence of
the Defendant( s) without any fault or negligence on the part of the Plaintiff( s) contributing
thereto;
16. That the negligence of the Defendant(s) consisted of, but not limited to,
  • operating the aforesaid motor vehicles in a negligent, reckless and careless manner
  • in failing to keep the aforesaid motor vehicles under reasonable and proper control
  • in failing to operate the aforesaid motor vehicles with due regard for the safety of the public and others
  • in failing to keep a proper lookout
  • in failing to observe what was available to be observed
  • in failing to observe the vehicle in which the Plaintiff was a passenger
  • in operating the aforesaid motor vehicles in a manner contrary to, and in violation of, the statutes, ordinances, rules and regulations applicable and in existence on the date of the occurrence
  • in failing to provide and/or make prompt and timely use of adequate and efficient brake and steering mechanisms
  • in operating the aforesaid motor vehicles in such a negligent, careless and reckless manner as to precipitate the aforesaid occurrence; 
  • in failing to take defensive action
  • and in failing to warn of the approach of the aforesaid motor vehicles
  • in going through a red light;

17. That by reason of the foregoing, Plaintiff(s), EMILY KLAINBERG, has sustained a
serious injury as defined by Section 5102 of the Insurance Law;
18. That by reason of the foregoing, Plaintiff(s), EMILY KLAINBERG, has been damaged in
an amount exceeding the jurisdictional limits of all lower courts of the State of New York.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF PLAINTIFF, ADOLF KLAINBERG:
19. That the Plaintiff(s), repeats, reiterates and realleges each and every allegation of the
complaint in paragraphs numbered 1 through 16, with the same force and effect as though each and every allegation were set forth more fully herein at length below;
20. That at all times hereinafter mentioned, Plaintiff, ADOLF KLAINBERG, was the lawful spouse of the Plaintiff, EMILY KLAINBERG and as such said Plaintiff, ADOLF KLAINBERG was entitled to the society, services and consortium of the said Plaintiff, EMILY KLAINBERG;
21. By reason of the afore-described negligence of the Defendant(s), their agents, servants and/or employees, the Plaintiff, ADOLF KLAINBERG, was deprived of the aforesaid society, services and consortium of the Plaintiff, EMILY KLAINBERG, and shall forever be deprived of said society, services and consortium;
22. That by reason of the foregoing negligence on the part of the Defendant(s), the Plaintiff(s), ADOLF KLAINBERG, has been damaged in an amount exceeding the jurisdictional limits of all lower courts of the State of New York, together with the costs and disbursements of this action.
WHEREFORE, Plaintiff(s), EMILY KLAINBERG, demands judgment against the Defendant(s) herein on The First Cause of Action in an amount exceeding the jurisdictional limits of all lower courts ofthe State of New York, together with the interests, costs and disbursements of this action.
WHEREFORE, Plaintiff(s), ADOLF KLAINBERG, demands judgment against the Defendant(s) herein on The Second Cause of Action in an amount exceeding the jurisdictional limits of all lower courts of the State of New York, together with the interests, costs and disbursements of this action.


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