Preview
FILED: QUEENS COUNTY CLERK 09/13/2021 06:10 PM INDEX NO. 715091/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/13/2021
EXHIBIT A
FILED: QUEENS COUNTY CLERK 07/01/2021
09/13/2021 04:53
06:10 PM INDEX NO. 715091/2021
NYSCEF DOC. NO. 1
9 RECEIVED NYSCEF: 07/01/2021
09/13/2021
SUPREME COURT OF THE STATE OF NEW YORK Filed:_____________
COUNTY OF QUEENS
______________________________________________________ INDEX NO.
YAKOV JACK SHIMONOV,
Plaintiff, Plaintiff designates Queens
County as the place of trial.
-against-
SUMMONS
IN-STORE DISTRIBUTORS, INC. and DYLAN PATRICK RUPP,
The basis of venue is
Defendants. Plaintiff's residence:
______________________________________________________ 144-19 69th Avenue
Flushing, New York
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 attorneys within 20 days after the service of this summons,
exclusive of the day of service of this summons, or within 30 days after service of this summons is
complete if this summons is not personally delivered to you within the State of New York.
In case of your failure to answer this summons, a judgment by default will be taken against
you for the relief demanded in the complaint, together with the costs of this action.
Dated: Forest Hills, New York
July 1, 2021
ELLIOT IFRAIMOFF & ASSOCIATES, P.C.
Attorneys for Plaintiff
118-35 Queens Blvd., Suite 1250
Forest Hills, New York 11375
(718) 205-1010
IN-STORE DISTRIBUTORS, INC.
C/O GOLDSTEIN & GARBAR, P.C.
1800 BELLMORE AVENUE
Bellmore, New York 11710
DYLAN PATRICK RUPP
80 Biltmore Dr.
Mastic Beach, New York 11951
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FILED: QUEENS COUNTY CLERK 07/01/2021
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NYSCEF DOC. NO. 1
9 RECEIVED NYSCEF: 07/01/2021
09/13/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
_____________________________________________________
YAKOV JACK SHIMONOV, INDEX NO.
Plaintiff,
COMPLAINT
-against-
IN-STORE DISTRIBUTORS, INC. and DYLAN PATRICK RUPP,
Defendants.
_____________________________________________________
Plaintiff, by his attorneys, ELLIOT IFRAIMOFF & ASSOCIATES, P.C., as and for his
Complaint, respectfully alleges, upon information and belief:
1. The plaintiff, YAKOV JACK SHIMONOV, at all times herein mentioned was and
still is a resident of the County of Queens and the State of New York.
2. The defendant IN-STORE DISTRIBUTORS, INC., at all times herein mentioned,
was and still is a corporation organized and existing under the laws of the State of New York, with
its principal place of business situated in the County of Nassau and the State of New York.
3. The defendant IN-STORE DISTRIBUTORS, INC., at all times herein mentioned
was and still is a foreign corporation duly licensed and authorized to do business in the State of
New York.
4. The defendant, IN-STORE DISTRIBUTORS, INC., at all times herein mentioned
conducted and carried on business in the County of Nassau and the State of New York.
5. The defendant, IN-STORE DISTRIBUTORS, INC., at all times herein mentioned
was and still is a partnership doing business in the County of Nassau and the State of New York.
6. The defendant, IN-STORE DISTRIBUTORS, INC., at all times herein mentioned
was and still is a limited liability partnership doing business in the County of Nassau and the State
of New York.
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7. The defendant, IN-STORE DISTRIBUTORS, INC., at all times herein mentioned
was and still is a limited liability corporation doing business in the County of Nassau and the State
of New York.
8. The defendant, IN-STORE DISTRIBUTORS, INC., at all times herein mentioned
was and still is a sole proprietorship doing business in the County of Nassau and the State of New
York.
9. At all times herein mentioned, defendant IN-STORE DISTRIBUTORS, INC.
transacted business within the State of New York.
10. At all times herein mentioned, defendant IN-STORE DISTRIBUTORS, INC.
derived substantial revenue from goods used or consumed or services rendered in the State of New
York.
11. At all times herein mentioned, defendant IN-STORE DISTRIBUTORS, INC.
expected or should reasonably have expected its acts to have consequences in the State of New
York.
12. At all times herein mentioned, defendant IN-STORE DISTRIBUTORS, INC.
derived substantial revenue from interstate or international commerce.
13. The defendant, DYLAN PATRICK RUPP, at all times herein mentioned was and
still is a resident of the County of Suffolk and the State of New York.
14. On or about June 26, 2020, plaintiff YAKOV JACK SHIMONOV was the operator
of a motor vehicle, bearing license plate number HTM8416.
15. On or about June 26, 2020, defendant IN-STORE DISTRIBUTORS, INC. was the
registered owner of a motor vehicle, bearing license plate number 57449MA.
16. On or about June 26, 2020, defendant IN-STORE DISTRIBUTORS, INC. was the
titled owner of a motor vehicle, bearing license plate number 57449MA.
17. On or about June 26, 2020, defendant IN-STORE DISTRIBUTORS, INC. was the
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FILED: QUEENS COUNTY CLERK 07/01/2021
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lessee of a motor vehicle, bearing license plate number 57449MA.
18. On or about June 26, 2020, defendant IN-STORE DISTRIBUTORS, INC. was the
lessor of a motor vehicle, bearing license plate number 57449MA.
19. Prior to June 26, 2020, defendant IN-STORE DISTRIBUTORS, INC. maintained a
certain motor vehicle, bearing license plate number 57449MA.
20. On or about June 26, 2020, defendant DYLAN PATRICK RUPP was the operator
of a motor vehicle, bearing license plate number 57449MA.
21. On or about June 26, 2020, defendant DYLAN PATRICK RUPP was controlling a
motor vehicle, bearing license plate number 57449MA.
22. On or about June 26, 2020, the motor vehicle bearing license plate number
57449MA was being operated by defendant DYLAN PATRICK RUPP with the knowledge of its
owner.
23. On or about June 26, 2020, the motor vehicle bearing license plate number
57449MA was being operated by defendant DYLAN PATRICK RUPP with the express consent
of its owner.
24. On or about June 26, 2020, the motor vehicle bearing license plate number
57449MA was being operated by defendant DYLAN PATRICK RUPP with the implied consent
of its owner.
25. On or about June 26, 2020, the motor vehicle bearing license plate number
57449MA was being operated by defendant DYLAN PATRICK RUPP with the express
permission of its owner.
26. On or about June 26, 2020, the motor vehicle bearing license plate number
57449MA was being operated by defendant DYLAN PATRICK RUPP with the implied
permission of its owner.
27. On or about June 26, 2020, the motor vehicle bearing license plate number
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57449MA was being operated by defendant DYLAN PATRICK RUPP at or near Van Wyck
Expressway, Queens, NY.
28. On or about June 26, 2020, the motor vehicle bearing license plate number
57449MA was being operated by defendant DYLAN PATRICK RUPP, employee of the
defendant IN-STORE DISTRIBUTORS, INC., at or near Van Wyck Expressway, Queens, NY
within the scope of his employment.
29. On or about June 26, 2020, the vehicle operated by the defendant DYLAN
PATRICK RUPP came in contact with the vehicle operated by the plaintiff YAKOV JACK
SHIMONOV, at or near Van Wyck Expressway, Queens, NY.
30. On or about June 26, 2020, the vehicle operated by the defendant DYLAN
PATRICK RUPP came in contact with the vehicle operated by the plaintiff YAKOV JACK
SHIMONOV, causing said vehicle to collide with another vehicle.
31. The plaintiff YAKOV JACK SHIMONOV was injured.
32. The plaintiff YAKOV JACK SHIMONOV was seriously injured.
33. The plaintiff YAKOV JACK SHIMONOV was permanently injured.
34. The aforesaid occurrence and resulting injuries to the plaintiff YAKOV JACK
SHIMONOV were solely as a result of the defendants' negligence, carelessness and recklessness
in the ownership, leasing, operation, maintenance, and control of the defendants' motor vehicle.
35. As a result of the foregoing, the plaintiff sustained serious personal injuries as
defined in Section 5102(d) of the Insurance Law of the State of New York, and/or economic loss
greater than basic economic loss as defined in Section 5102(a) of the Insurance Law of the State of
New York.
36. This action falls within one or more of the exceptions set forth in Section 1602 of
the Civil Practice Law and Rules. Particularly the exception set forth in Section 1602(6).
37. Due to defendants' negligence, plaintiff is entitled to damages in the sum of which
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FILED: QUEENS COUNTY CLERK 07/01/2021
09/13/2021 04:53
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NYSCEF DOC. NO. 1
9 RECEIVED NYSCEF: 07/01/2021
09/13/2021
exceeds the jurisdictional limit of all lower Courts which would otherwise have jurisdiction.
WHEREFORE, the plaintiff demands judgment awarding damages in the sum of which
exceeds the jurisdictional limit of all lower Courts which would otherwise have jurisdiction,
together with interest and the costs and disbursements of this action, and such other and further
relief as to this Court seems just and proper.
Dated: Forest Hills, New York
July 1, 2021
Dmitriy Shulman
______________________________
By: Dmitriy Shulman, Esq.
ELLIOT IFRAIMOFF & ASSOCIATES, P.C.
Attorneys for Plaintiff
118-35 Queens Blvd., Suite 1250
Forest Hills, New York 11375
(718) 205-1010
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FILED: QUEENS COUNTY CLERK 07/01/2021
09/13/2021 04:53
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NYSCEF DOC. NO. 1
9 RECEIVED NYSCEF: 07/01/2021
09/13/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
Index No.
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YAKOV JACK SHIMONOV,
Plaintiff,
-against-
IN-STORE DISTRIBUTORS, INC. and DYLAN PATRICK RUPP,
Defendants.
-----------------------------------------------------------------
SUMMONS and COMPLAINT
-----------------------------------------------------------------
The documents herein are hereby certified pursuant to 25 NYCRR 130-1.1-a
Dmitriy Shulman
By: ________________________
Dmitriy Shulman, Esq.
ELLIOT IFRAIMOFF & ASSOCIATES, P.C.
Attorneys for Plaintiff
118-35 Queens Blvd., Suite 1250
Forest Hills, New York 11375
(718) 205-1010
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Preview
FILED: QUEENS COUNTY CLERK 09/13/2021 06:10 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 09/13/2021 EXHIBIT A FILED: QUEENS COUNTY CLERK 07/01/2021 09/13/2021 04:53 06:10 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 1 9 RECEIVED NYSCEF: 07/01/2021 09/13/2021 SUPREME COURT OF THE STATE OF NEW YORK Filed:_____________ COUNTY OF QUEENS ______________________________________________________ INDEX NO. YAKOV JACK SHIMONOV, Plaintiff, Plaintiff designates Queens County as the place of trial. -against- SUMMONS IN-STORE DISTRIBUTORS, INC. and DYLAN PATRICK RUPP, The basis of venue is Defendants. Plaintiff's residence: ______________________________________________________ 144-19 69th Avenue Flushing, New York 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 attorneys within 20 days after the service of this summons, exclusive of the day of service of this summons, or within 30 days after service of this summons is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer this summons, a judgment by default will be taken against you for the relief demanded in the complaint, together with the costs of this action. Dated: Forest Hills, New York July 1, 2021 ELLIOT IFRAIMOFF & ASSOCIATES, P.C. Attorneys for Plaintiff 118-35 Queens Blvd., Suite 1250 Forest Hills, New York 11375 (718) 205-1010 IN-STORE DISTRIBUTORS, INC. C/O GOLDSTEIN & GARBAR, P.C. 1800 BELLMORE AVENUE Bellmore, New York 11710 DYLAN PATRICK RUPP 80 Biltmore Dr. Mastic Beach, New York 11951 1 of 7 FILED: QUEENS COUNTY CLERK 07/01/2021 09/13/2021 04:53 06:10 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 1 9 RECEIVED NYSCEF: 07/01/2021 09/13/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS _____________________________________________________ YAKOV JACK SHIMONOV, INDEX NO. Plaintiff, COMPLAINT -against- IN-STORE DISTRIBUTORS, INC. and DYLAN PATRICK RUPP, Defendants. _____________________________________________________ Plaintiff, by his attorneys, ELLIOT IFRAIMOFF & ASSOCIATES, P.C., as and for his Complaint, respectfully alleges, upon information and belief: 1. The plaintiff, YAKOV JACK SHIMONOV, at all times herein mentioned was and still is a resident of the County of Queens and the State of New York. 2. The defendant IN-STORE DISTRIBUTORS, INC., at all times herein mentioned, was and still is a corporation organized and existing under the laws of the State of New York, with its principal place of business situated in the County of Nassau and the State of New York. 3. The defendant IN-STORE DISTRIBUTORS, INC., at all times herein mentioned was and still is a foreign corporation duly licensed and authorized to do business in the State of New York. 4. The defendant, IN-STORE DISTRIBUTORS, INC., at all times herein mentioned conducted and carried on business in the County of Nassau and the State of New York. 5. The defendant, IN-STORE DISTRIBUTORS, INC., at all times herein mentioned was and still is a partnership doing business in the County of Nassau and the State of New York. 6. The defendant, IN-STORE DISTRIBUTORS, INC., at all times herein mentioned was and still is a limited liability partnership doing business in the County of Nassau and the State of New York. 2 of 7 FILED: QUEENS COUNTY CLERK 07/01/2021 09/13/2021 04:53 06:10 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 1 9 RECEIVED NYSCEF: 07/01/2021 09/13/2021 7. The defendant, IN-STORE DISTRIBUTORS, INC., at all times herein mentioned was and still is a limited liability corporation doing business in the County of Nassau and the State of New York. 8. The defendant, IN-STORE DISTRIBUTORS, INC., at all times herein mentioned was and still is a sole proprietorship doing business in the County of Nassau and the State of New York. 9. At all times herein mentioned, defendant IN-STORE DISTRIBUTORS, INC. transacted business within the State of New York. 10. At all times herein mentioned, defendant IN-STORE DISTRIBUTORS, INC. derived substantial revenue from goods used or consumed or services rendered in the State of New York. 11. At all times herein mentioned, defendant IN-STORE DISTRIBUTORS, INC. expected or should reasonably have expected its acts to have consequences in the State of New York. 12. At all times herein mentioned, defendant IN-STORE DISTRIBUTORS, INC. derived substantial revenue from interstate or international commerce. 13. The defendant, DYLAN PATRICK RUPP, at all times herein mentioned was and still is a resident of the County of Suffolk and the State of New York. 14. On or about June 26, 2020, plaintiff YAKOV JACK SHIMONOV was the operator of a motor vehicle, bearing license plate number HTM8416. 15. On or about June 26, 2020, defendant IN-STORE DISTRIBUTORS, INC. was the registered owner of a motor vehicle, bearing license plate number 57449MA. 16. On or about June 26, 2020, defendant IN-STORE DISTRIBUTORS, INC. was the titled owner of a motor vehicle, bearing license plate number 57449MA. 17. On or about June 26, 2020, defendant IN-STORE DISTRIBUTORS, INC. was the 2 3 of 7 FILED: QUEENS COUNTY CLERK 07/01/2021 09/13/2021 04:53 06:10 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 1 9 RECEIVED NYSCEF: 07/01/2021 09/13/2021 lessee of a motor vehicle, bearing license plate number 57449MA. 18. On or about June 26, 2020, defendant IN-STORE DISTRIBUTORS, INC. was the lessor of a motor vehicle, bearing license plate number 57449MA. 19. Prior to June 26, 2020, defendant IN-STORE DISTRIBUTORS, INC. maintained a certain motor vehicle, bearing license plate number 57449MA. 20. On or about June 26, 2020, defendant DYLAN PATRICK RUPP was the operator of a motor vehicle, bearing license plate number 57449MA. 21. On or about June 26, 2020, defendant DYLAN PATRICK RUPP was controlling a motor vehicle, bearing license plate number 57449MA. 22. On or about June 26, 2020, the motor vehicle bearing license plate number 57449MA was being operated by defendant DYLAN PATRICK RUPP with the knowledge of its owner. 23. On or about June 26, 2020, the motor vehicle bearing license plate number 57449MA was being operated by defendant DYLAN PATRICK RUPP with the express consent of its owner. 24. On or about June 26, 2020, the motor vehicle bearing license plate number 57449MA was being operated by defendant DYLAN PATRICK RUPP with the implied consent of its owner. 25. On or about June 26, 2020, the motor vehicle bearing license plate number 57449MA was being operated by defendant DYLAN PATRICK RUPP with the express permission of its owner. 26. On or about June 26, 2020, the motor vehicle bearing license plate number 57449MA was being operated by defendant DYLAN PATRICK RUPP with the implied permission of its owner. 27. On or about June 26, 2020, the motor vehicle bearing license plate number 3 4 of 7 FILED: QUEENS COUNTY CLERK 07/01/2021 09/13/2021 04:53 06:10 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 1 9 RECEIVED NYSCEF: 07/01/2021 09/13/2021 57449MA was being operated by defendant DYLAN PATRICK RUPP at or near Van Wyck Expressway, Queens, NY. 28. On or about June 26, 2020, the motor vehicle bearing license plate number 57449MA was being operated by defendant DYLAN PATRICK RUPP, employee of the defendant IN-STORE DISTRIBUTORS, INC., at or near Van Wyck Expressway, Queens, NY within the scope of his employment. 29. On or about June 26, 2020, the vehicle operated by the defendant DYLAN PATRICK RUPP came in contact with the vehicle operated by the plaintiff YAKOV JACK SHIMONOV, at or near Van Wyck Expressway, Queens, NY. 30. On or about June 26, 2020, the vehicle operated by the defendant DYLAN PATRICK RUPP came in contact with the vehicle operated by the plaintiff YAKOV JACK SHIMONOV, causing said vehicle to collide with another vehicle. 31. The plaintiff YAKOV JACK SHIMONOV was injured. 32. The plaintiff YAKOV JACK SHIMONOV was seriously injured. 33. The plaintiff YAKOV JACK SHIMONOV was permanently injured. 34. The aforesaid occurrence and resulting injuries to the plaintiff YAKOV JACK SHIMONOV were solely as a result of the defendants' negligence, carelessness and recklessness in the ownership, leasing, operation, maintenance, and control of the defendants' motor vehicle. 35. As a result of the foregoing, the plaintiff sustained serious personal injuries as defined in Section 5102(d) of the Insurance Law of the State of New York, and/or economic loss greater than basic economic loss as defined in Section 5102(a) of the Insurance Law of the State of New York. 36. This action falls within one or more of the exceptions set forth in Section 1602 of the Civil Practice Law and Rules. Particularly the exception set forth in Section 1602(6). 37. Due to defendants' negligence, plaintiff is entitled to damages in the sum of which 4 5 of 7 FILED: QUEENS COUNTY CLERK 07/01/2021 09/13/2021 04:53 06:10 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 1 9 RECEIVED NYSCEF: 07/01/2021 09/13/2021 exceeds the jurisdictional limit of all lower Courts which would otherwise have jurisdiction. WHEREFORE, the plaintiff demands judgment awarding damages in the sum of which exceeds the jurisdictional limit of all lower Courts which would otherwise have jurisdiction, together with interest and the costs and disbursements of this action, and such other and further relief as to this Court seems just and proper. Dated: Forest Hills, New York July 1, 2021 Dmitriy Shulman ______________________________ By: Dmitriy Shulman, Esq. ELLIOT IFRAIMOFF & ASSOCIATES, P.C. Attorneys for Plaintiff 118-35 Queens Blvd., Suite 1250 Forest Hills, New York 11375 (718) 205-1010 5 6 of 7 FILED: QUEENS COUNTY CLERK 07/01/2021 09/13/2021 04:53 06:10 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 1 9 RECEIVED NYSCEF: 07/01/2021 09/13/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No. ----------------------------------------------------------------- YAKOV JACK SHIMONOV, Plaintiff, -against- IN-STORE DISTRIBUTORS, INC. and DYLAN PATRICK RUPP, Defendants. ----------------------------------------------------------------- SUMMONS and COMPLAINT ----------------------------------------------------------------- The documents herein are hereby certified pursuant to 25 NYCRR 130-1.1-a Dmitriy Shulman By: ________________________ Dmitriy Shulman, Esq. ELLIOT IFRAIMOFF & ASSOCIATES, P.C. Attorneys for Plaintiff 118-35 Queens Blvd., Suite 1250 Forest Hills, New York 11375 (718) 205-1010 7 of 7