Preview
FILED: QUEENS COUNTY CLERK 12/17/2021 INDEX NO. 715091/2021
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 01/25/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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Index No.: 715091/2021
YAKOV JACK SHIMONOV and ROTHSCHILD NIYAZOV,
Plaintiff,
NOTICE OF MOTION
-against-
IN-STORE DISTRIBUTORS INC., DYLAN PATRICK
RUPP and 21ST CENTURY SNACKS,
Defendants. Return: February 17, 2022
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PLEASE TAKE NOTICE, that upon the annexed affirmation of Eli Babaev, duly
affirmed the 16th of December, 2021, together with the Exhibits annexed thereto, and upon all
the pleadings and proceedings heretofore had herein, the undersigned will move this Court
before the Honorable Justice Maurice E. Muir of IAS Part 42, at the courthouse located at 25-10
Court Square, Long Island City, New York on the 17th day of February, at 10:00am, or as soon
thereafter as counsel can be heard for an Order:
a. Pursuant to CPLR § 3212 granting plaintiff, ROTHSCHILD NIYAZOV, summary
judgment on the issue of liability against defendants, IN-STORE DISTRIBUTORS
INC., DYLAN PATRICK RUPP and 21ST CENTURY SNACKS; and
b. Dismissing the affirmative defenses raised in defendant’s answer as follows:
i. The First Affirmative Defense alleging culpable conduct on the part of
the plaintiff;
ii. The Second Affirmative Defense alleging failure to use seatbelts;
iii. The Eighth Affirmative Defense alleging a sudden emergency; and
c. Pursuant to CPLR § 3212 holding plaintiff, ROTHSCHILD NIYAZOV, free from
any comparative fault; and
d. Directing the trial of this action to be on the issue of damages only; and
e. For such other and further relief as this Court deems just and proper.
1 of 4
FILED: QUEENS COUNTY CLERK 12/17/2021 INDEX NO. 715091/2021
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 01/25/2022
The above-entitled action is for personal injury.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), answering
affidavits, if any, are required to be served upon the undersigned at least seven (7) days before the
return date of this motion.
Dated: December 16, 2021
Forest Hills, New York
Yours, etc.,
THE LAW OFFICE OF ELI BABAEV, P.C.
Eli Babaev
ELI BABAEV
Attorneys for Plaintiff
ROTHSCHILD NIYAZOV
118-35 Queens Boulevard, Suite 1240
Forest Hills, NY 11375
(718) 205-4477
lawoffice@babaevlaw.com
TO:
CASCONE & KLUEPFEL, LLP
497 Main Street
Farmingdale, NY 11735
(516) 747-1990
File No.: 05571bDVM
2 of 4
FILED: QUEENS COUNTY CLERK 12/17/2021 INDEX NO. 715091/2021
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 01/25/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------------------------------------------------------------------X
Index No.: 715091/2021
YAKOV JACK SHIMONOV and ROTHSCHILD NIYAZOV,
Plaintiff,
AFFIRMATION OF
-against- MAIL SERVICE
IN-STORE DISTRIBUTORS INC., DYLAN PATRICK
RUPP and 21ST CENTURY SNACKS,
Defendants.
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STATE OF NEW YORK
COUNTY OF QUEENS
Eli Babaev, an attorney duly admitted to practice law in the courts of the State of New
York, affirms under the penalties of perjury as follows:
On 12/17/2021 I served the within Notice of Motion, Affirmation in Support, and
attached exhibits, by efiling same on NYSCEF and depositing a true copy thereof, enclosed in a
post-paid wrapper, in an official depository under the exclusive care and custody of the United
States Postal Service within New York State, addressed to the following at the last known
address set forth below:
CASCONE & KLUEPFEL, LLP
497 Main Street
Farmingdale, NY 11735
(516) 747-1990
File No.: 05571bDVM
Eli Babaev
ELI BABAEV
3 of 4
FILED: QUEENS COUNTY CLERK 12/17/2021 INDEX NO. 715091/2021
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 01/25/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
Index No. 715091/2021
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YAKOV JACK SHIMONOV and ROTHSCHILD NIYAZOV,
Plaintiff,
-against-
IN-STORE DISTRIBUTORS INC., DYLAN PATRICK RUPP and 21ST CENTURY
SNACKS,
Defendants.
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NOTICE OF MOTION
___________________________________________________
The documents herein are hereby certified pursuant to 25 NYCRR 130-1.1-a; 202.8-b
THE LAW OFFICE OF ELI BABEV, P.C.
Attorneys for Plaintiff
ROTHSCHILD NIYAZOV
118-35 Queens Blvd., Suite 1240
Forest Hills, New York 11375
(718) 205-4477
4 of 4
Preview
FILED: QUEENS COUNTY CLERK 12/17/2021 INDEX NO. 715091/2021 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 01/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------------------X Index No.: 715091/2021 YAKOV JACK SHIMONOV and ROTHSCHILD NIYAZOV, Plaintiff, NOTICE OF MOTION -against- IN-STORE DISTRIBUTORS INC., DYLAN PATRICK RUPP and 21ST CENTURY SNACKS, Defendants. Return: February 17, 2022 ------------------------------------------------------------------------------X PLEASE TAKE NOTICE, that upon the annexed affirmation of Eli Babaev, duly affirmed the 16th of December, 2021, together with the Exhibits annexed thereto, and upon all the pleadings and proceedings heretofore had herein, the undersigned will move this Court before the Honorable Justice Maurice E. Muir of IAS Part 42, at the courthouse located at 25-10 Court Square, Long Island City, New York on the 17th day of February, at 10:00am, or as soon thereafter as counsel can be heard for an Order: a. Pursuant to CPLR § 3212 granting plaintiff, ROTHSCHILD NIYAZOV, summary judgment on the issue of liability against defendants, IN-STORE DISTRIBUTORS INC., DYLAN PATRICK RUPP and 21ST CENTURY SNACKS; and b. Dismissing the affirmative defenses raised in defendant’s answer as follows: i. The First Affirmative Defense alleging culpable conduct on the part of the plaintiff; ii. The Second Affirmative Defense alleging failure to use seatbelts; iii. The Eighth Affirmative Defense alleging a sudden emergency; and c. Pursuant to CPLR § 3212 holding plaintiff, ROTHSCHILD NIYAZOV, free from any comparative fault; and d. Directing the trial of this action to be on the issue of damages only; and e. For such other and further relief as this Court deems just and proper. 1 of 4 FILED: QUEENS COUNTY CLERK 12/17/2021 INDEX NO. 715091/2021 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 01/25/2022 The above-entitled action is for personal injury. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR § 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven (7) days before the return date of this motion. Dated: December 16, 2021 Forest Hills, New York Yours, etc., THE LAW OFFICE OF ELI BABAEV, P.C. Eli Babaev ELI BABAEV Attorneys for Plaintiff ROTHSCHILD NIYAZOV 118-35 Queens Boulevard, Suite 1240 Forest Hills, NY 11375 (718) 205-4477 lawoffice@babaevlaw.com TO: CASCONE & KLUEPFEL, LLP 497 Main Street Farmingdale, NY 11735 (516) 747-1990 File No.: 05571bDVM 2 of 4 FILED: QUEENS COUNTY CLERK 12/17/2021 INDEX NO. 715091/2021 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 01/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------------------X Index No.: 715091/2021 YAKOV JACK SHIMONOV and ROTHSCHILD NIYAZOV, Plaintiff, AFFIRMATION OF -against- MAIL SERVICE IN-STORE DISTRIBUTORS INC., DYLAN PATRICK RUPP and 21ST CENTURY SNACKS, Defendants. ------------------------------------------------------------------------------X STATE OF NEW YORK COUNTY OF QUEENS Eli Babaev, an attorney duly admitted to practice law in the courts of the State of New York, affirms under the penalties of perjury as follows: On 12/17/2021 I served the within Notice of Motion, Affirmation in Support, and attached exhibits, by efiling same on NYSCEF and depositing a true copy thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to the following at the last known address set forth below: CASCONE & KLUEPFEL, LLP 497 Main Street Farmingdale, NY 11735 (516) 747-1990 File No.: 05571bDVM Eli Babaev ELI BABAEV 3 of 4 FILED: QUEENS COUNTY CLERK 12/17/2021 INDEX NO. 715091/2021 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 01/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No. 715091/2021 ----------------------------------------------------------------- YAKOV JACK SHIMONOV and ROTHSCHILD NIYAZOV, Plaintiff, -against- IN-STORE DISTRIBUTORS INC., DYLAN PATRICK RUPP and 21ST CENTURY SNACKS, Defendants. ----------------------------------------------------------------- NOTICE OF MOTION ___________________________________________________ The documents herein are hereby certified pursuant to 25 NYCRR 130-1.1-a; 202.8-b THE LAW OFFICE OF ELI BABEV, P.C. Attorneys for Plaintiff ROTHSCHILD NIYAZOV 118-35 Queens Blvd., Suite 1240 Forest Hills, New York 11375 (718) 205-4477 4 of 4