Preview
FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020
FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020
SUPREME COURT OF THE STATE OF NE W YORK
index No.:
COUNTY OF KINGS
Date Purchased:
...............................................................-------X
AN DREY PIKALOV,
SUMMONS
Plaintiff,
Plaintiffs
designate·Kings
-against- County as the place of trial.
LAM CHI CHI , PAUL SCOTT
AND The basis of venue is:
SCHAEDTLER,
YOEL HENRIQUEZ Plaintiffs
residence
Defendant,
...............................................-----------------------X
To the above named Defendants:
You are hereby sumr.aned 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(s) within
twenty days after the service of
of the day of service, where service is made by delivery
this summons, exclusive upon
you within
personally within
the state, or, 30 days after completion
ofservice where
service is made in any other manner.
In caseof your failure to appear,orai cwer, judgment
willbe taken against you by default for the relief demanded in the comy
int.
Dated: Brooklyn,New York
December 6, 2019
DMITRY LEVITSKY, ESQ
LEVITSKY LAW FIRM
Attorney for
Plainuff
ANDREY PlKALOV
3163 Coney island Avenue, 2nd Floor
Brooklyn,NY 11235
(347) 462-1660
Our File No.: DL00634
FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020
TO:
LAM CHI CHI
1563 W 10'hStreet
Brooklyn,NY 11204
PAUL SCOTT SCHAEDTLER
845 Highland
Ave
Waynesboro, VA 22980
YOEL HENRIQUEZ
2345 McDonald Ave BF
Brooklyn,NY 11223
FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020
SUPR1iME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
...............--..................------------------------------------X
ANDREY PIKALOV,
Date Purchased:
Plaintiffs,
-against- VERIFIED COMPLAINT
LAM CIIICHI, PAUL SCOTT
SCIlAEDTLER, AND
YOEL 1IENR1QUEZ
Defendants,
..........------------------------------------------------------------X
ANDREY
Plaintiff, PlKALOV by his attorneys, LEVITSKYLAW FIRM, of
complaining
allege, upon information
the Defendants, respectfully and belief:
l. PlKALOV
At all times herein mentioned, PlaintitTANDREY was, and still
is, a resident of
the County of Kings, City and State of New York.
2. At all times herein mentioned, Defendant LAM
CHl CHI was, and still is, a resident of the
County of Kings, City and State of New York.
3. At all times herein mentioned, Defendant LAM
CHI CHI was the owner of a 2015 1.exus
registration number GLS6929.
vehicle bearing New York
4. At all Defendant LAM
times herein mentioned, CHI CHI operated the aforementioned
motor vehicle bearing New York registration
number GLS6929.
5. At alltimes herein mentioned,
Defendant LAM CHI CHI managed the aforesaid motor
vehicle bearing New York
registration number OLS6929.
FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020
6. At all times herein mentioned, Defendant LAM
CHI CH1 maintained the aforementioned
motor vehicle bearing New York registration
number GLS6929.
7. At all times herein mentioned,
Defendant LAM CHI CHI controlled
the aforernentioned
motor vehicle bearing New
York registration
number GLS6929.
8. At alltimes herein mentioned,
Defendant LAM CHl CHI repaired the aforementioned
motor vehicle bearing New York registration
number GLS6929.
9. At all times herein mentioned, Defendant LAM
CHI CHI supervised the aforementioned
motor vehicle bearing New York registration
number GLS6929.
10. At all tirnes herein mentioned, Defendant PAUL
SCOTT SCHAEDTLER was the owner
of a 2014 Chevrolet vehicle bearing Virginia
registration number V3LV3T.
11. Atall
times herein mentioned,
DefendantPAUL SCOTT SCHAEDTLER operated the
aforementioned motor vehicle bearing Virginia
registration number V3LV3T.
12. At
alltimes herein mentioned,
DefendantPAUL SCOTT SCHAEDTLER managed the
aforesaid motor vehicle bearing Virginia
registration
nurnber V3LV3T.
13. At all times herein mentioned, Defendant PAUL
SCOTT SCHAEDTLER maintained the
aforementioned registration number V3LV3T.
motor vehicle bearing Virginia
14. At all times herein mentioned,
Defendant PAUL SCOTT SCHAEDTLER controlled
the
motor vehicle bearing Virginia
aforementioned registration number V3LV3T.
15. At times herein
all mentioned,DefendantPAUL SCOTT SCHAEDTLER repaired the
aforementioned motor vehicle bearing Virginia
registration number V3LV3T.
16. At all times herein mentioned, Defendant PAUL
SCOTT SCHAEDTLER supervised the
aforementioned motor vehicle bearing Virginia
registration number V3LV3T.
FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020
17. At all times herein mentioned, Defendant YOEL
HENRIQUEZ is, a resident
was, and still
and State of New York.
of the County of Kings, City
18. At all times herein mentioned, Defendant YOEL
HENRIQUEZ was the owner of a 2005
Honda vehicle bearing New York registration number HMX7152.
19. At all times hereinmentioned, Defendant YOEL HENR1QUEZ operated the
number HMX7152.
aforementioned motor vehicle bearing New York registration
20. Atall Defendant YOEL
times herein mentioned, HENRIQUEZ managed the aforesaid
motor vehicle bearing New York registration
number HMX7152.
21. At alltimes hereinmentioned, Defendant YOEL HENR1QUEZ maintainedthe
motor vehicle bearing New York registration number IIMX7152.
aforementioned
22. At alltimes herein mentioned,Defendant YOEL HENRIQUEZ controlled
the
motor vehicle bearing New York registration number HMX7152.
aforementioned
23. At all times herein mentioned,Defendant YOEL HENR1QUEZ repairedthe
motor vehicle bearing New York registration
aforementioned number HMX7152.
24. At alltimes hereinmentioned, Defendant YOEL HENR1QUEZ supervisedthe
number HMX7152.
aforementioned motor vehicle bearing New York registration
25. Atall times herein mentioned, ANDREY
Plaintiff PIKALOV, was the owner of a 2017
BMW registration number JFS1802.
motor vehicle bearing New York
26. At all times herein mentioned, 907C Westbound Belt Parkway, at or near Erskine Street, in
were public
the County of Kings, City and State of New York, roadways, streets and/or thoroughfares,
subject to New York State Vehicle Traffic
Laws.
27. That on September 3, 2019, Defendant LAM
CH1 CHI was operating the vehicle bearing
New York at the aforementioned location.
registration number GLS6929,
FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020
28. That on September 3, 2019, Defendant PAUL
SCOTT SCHAEDTLER was operating the
registration
vehicle bearing Virginia number V3LV3T, at the aforementioned location.
29. That on September 3, 2019, Defendant YOEL
HENRIQUEZ was operating
the vehicle
at the aforementioned location.
registration number HMX7152,
bearing New York
ANDREY
30. That on September3, 2019, Plaintiff PlKALOV was operating the motor vehicle
bearing New York at the aforementioned location.
registration number JFSl802,
location, the motor vehicles, owned and
31. That on September 3, 2019, at the aforementioned
operated by the respective and carelessly came into
Defendants, negligently contact with
the motor
vehicle owned and operated by Plaintiff
ANDREY PIKALOV.
as a result
32. That of the aforesaid Plaintiff
contact, ANDREY PIKALOV was seriously
injured.
and solely by reason of the negligence
contact was caused wholly
33. That the aforementioned
and severally - and without
and carelessnessof the Defendants - jointly any fault or negligence on the
part of the Plaintiff thereto.
contributing
and severally -
34. That the Defendants -jointly were negligent and careless in the ownership,
use and control
management, maintenance, supervision,
operation, of and the
the aforesaid vehicle
Defendants were otherwise negligent and careless under the circumstances then and there prevailing.
35. The aforementioned contact was caused solely by reason of the negligence and carelessness
of the Defendants, in the ownership, operation, management, maintenance and control of the aforesaid
motor vehicle; to keep its vehicle under proper, prudent and reasonable control; in operating
in failing
motor
the aforesaid vehicleat an excessive and unlawful
rate of and
speed under the conditions
at or prior
circumstances prevailing to the said occurrence; in failing ANDREY
to give the Plaintiff,
PIKALOV, herein, the right-of-way; to keep a proper lookout;
in failing in failing
to see; in failing
to
FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020
in failing
observe the roadway; to timely stop; in failing
to apply its brakes; in failing
to give any sign,
signal or warning
of the approach of the aforesaid vehicle;
in causing the aforesaid motor vehicle to
come into collision
withPlaintiffs in failing
vehicle; to obey the traffic
signs and/or signals at the
location; to stay in its respective and proper lane of travel; in failing
in failing to see that which there
to keep said motor vehicle in proper condition;
was to be seen; in failing in failing
to properly maintain
the aforesaid motor vehicle;
in failing
to maintain
the brakes of the aforesaid motor vehicle; in failing
to comply with the Statutes and Ordinances pertaining to vehicular traflic
on the highways of New York;
and in failing although the defendant had a full
to avoid this collision, to avoid same; and
opportunity
were further negligent in the circumstances.
36. That by reason of the foregoing,
Plaintiff
ANDREY PIKALOV sustained severe and/or
permanent personal injuries;
and PlaintitT ANDREYPIKALOV was otherwise damaged.
37. That Plaintiff
ANDREY PIKALOV sustained serious injuries, as defined by §5102(d) of
the Insurance Law of the State of New York.
ANDREY
38. That Plaintiff PIKALOV sustained serious injuries
and economicloss greater
than basic economic loss as defined by §5104 of the Insurance Law of the State of New York.
39. Thatby reason of
the aforementioned
negligenceofthe defendant,
plaintiff
ANDREY
PIKALOV injuries with accompanying pain; he became and continues to be sick,
sustained great bodily
sore, larne and disabled; some of his injuries will
be permanent; he was and will
be compelled to seek
medical attention for these injuries; and has been and will
be unable to attend his usual business, social,
educational and vocational
duties.
40. ThatPlaintiff
ANDREY P1KALOV is not recover any
seeking to damages forwhich
has already been reimbursed
Plaintiff insurance. Plaintiff
by no-fault is seeking only to recover those
FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020
damages that are presently not recoverable through no-fault
insurance under the facts and circumstances
in this action.
action falls under the ambit of Article
41. That the within 16 of the CPLR of New York State.
42. That this action falls within
one or more of the exceptions of New York
State CPLR §1602.
43. That §l 602 (6) of the New York State CPLR is applicable to the within
action.
44. That §1602(7) of the New York State CPLR is applicable to the within
action.
ANDREY PIKALOV
45. That by reason of the foregoing, Plaintiff has been damaged in a sum
that exceeds the jurisdictional
limits
of all lower courts which would otherwise have jurisdiction.
WHEREFORE, PlaintifT demand judgment
against the Defendant herein, in a sum exceeding
the jurisdictional of all
limits lower courts which
wouldotherwise have jurisdiction,
together
with the costs and disbursements of this action.
Dated: Brooklyn,New York
December 6, 2019
Yours, etc.
DMITRY LEVITSKY, ESQ.
Attomeysfor PlaintifTs
ANDREY PlKALOV
3171 Coney Island Avenue, 2nd liloor
Brooklyn,NY 11235
(347) 462-1660
Our File No.: DL00634
FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020
nonetionani be te
andasto th semat a ue.My ix1 ef as
h
n ne 0xrtin not ,ta±auponknowledge,is band a andmberpenne
m non containeain my pfiles
'C 3kh ‰w r
DMITRY LEVITS Y
NOTARY PUBLIC
STATE OF NEW YORK
COUNTY OF KINGS
REG NO. 02LE6301443
COMMISSION EXPIRES ON 4 ' i
DCL
FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020
Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ANDREY PIKALOV,
Plaintiff,
--against-
LAM CIIICHI,PAUL SCOTT
SCHAEDTLER, AND
YOEL HENRIQUEZ
Defendants,
SUMMONS AND VERIFIED COMPLAINT
LEVITSKY LAW FIRM
A::0t;;:ysforP!:i;;:ifjk
3163 Coney Island
Avenue, 2nd Floor
Brooklyn,NY 11235
(347) 462-1660
The undersigned attorney hereby certifies, pursuant to 22 NYCRR
130-1.1-a that he/she has
papers and that same are not frivolous
read the within as that term is defined in 22 NYCRR
130-1.1(c).
Dmitry Esq.
Levitsky,
Preview
FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020 FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020 SUPREME COURT OF THE STATE OF NE W YORK index No.: COUNTY OF KINGS Date Purchased: ...............................................................-------X AN DREY PIKALOV, SUMMONS Plaintiff, Plaintiffs designate·Kings -against- County as the place of trial. LAM CHI CHI , PAUL SCOTT AND The basis of venue is: SCHAEDTLER, YOEL HENRIQUEZ Plaintiffs residence Defendant, ...............................................-----------------------X To the above named Defendants: You are hereby sumr.aned 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(s) within twenty days after the service of of the day of service, where service is made by delivery this summons, exclusive upon you within personally within the state, or, 30 days after completion ofservice where service is made in any other manner. In caseof your failure to appear,orai cwer, judgment willbe taken against you by default for the relief demanded in the comy int. Dated: Brooklyn,New York December 6, 2019 DMITRY LEVITSKY, ESQ LEVITSKY LAW FIRM Attorney for Plainuff ANDREY PlKALOV 3163 Coney island Avenue, 2nd Floor Brooklyn,NY 11235 (347) 462-1660 Our File No.: DL00634 FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020 TO: LAM CHI CHI 1563 W 10'hStreet Brooklyn,NY 11204 PAUL SCOTT SCHAEDTLER 845 Highland Ave Waynesboro, VA 22980 YOEL HENRIQUEZ 2345 McDonald Ave BF Brooklyn,NY 11223 FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020 SUPR1iME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ...............--..................------------------------------------X ANDREY PIKALOV, Date Purchased: Plaintiffs, -against- VERIFIED COMPLAINT LAM CIIICHI, PAUL SCOTT SCIlAEDTLER, AND YOEL 1IENR1QUEZ Defendants, ..........------------------------------------------------------------X ANDREY Plaintiff, PlKALOV by his attorneys, LEVITSKYLAW FIRM, of complaining allege, upon information the Defendants, respectfully and belief: l. PlKALOV At all times herein mentioned, PlaintitTANDREY was, and still is, a resident of the County of Kings, City and State of New York. 2. At all times herein mentioned, Defendant LAM CHl CHI was, and still is, a resident of the County of Kings, City and State of New York. 3. At all times herein mentioned, Defendant LAM CHI CHI was the owner of a 2015 1.exus registration number GLS6929. vehicle bearing New York 4. At all Defendant LAM times herein mentioned, CHI CHI operated the aforementioned motor vehicle bearing New York registration number GLS6929. 5. At alltimes herein mentioned, Defendant LAM CHI CHI managed the aforesaid motor vehicle bearing New York registration number OLS6929. FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020 6. At all times herein mentioned, Defendant LAM CHI CH1 maintained the aforementioned motor vehicle bearing New York registration number GLS6929. 7. At all times herein mentioned, Defendant LAM CHI CHI controlled the aforernentioned motor vehicle bearing New York registration number GLS6929. 8. At alltimes herein mentioned, Defendant LAM CHl CHI repaired the aforementioned motor vehicle bearing New York registration number GLS6929. 9. At all times herein mentioned, Defendant LAM CHI CHI supervised the aforementioned motor vehicle bearing New York registration number GLS6929. 10. At all tirnes herein mentioned, Defendant PAUL SCOTT SCHAEDTLER was the owner of a 2014 Chevrolet vehicle bearing Virginia registration number V3LV3T. 11. Atall times herein mentioned, DefendantPAUL SCOTT SCHAEDTLER operated the aforementioned motor vehicle bearing Virginia registration number V3LV3T. 12. At alltimes herein mentioned, DefendantPAUL SCOTT SCHAEDTLER managed the aforesaid motor vehicle bearing Virginia registration nurnber V3LV3T. 13. At all times herein mentioned, Defendant PAUL SCOTT SCHAEDTLER maintained the aforementioned registration number V3LV3T. motor vehicle bearing Virginia 14. At all times herein mentioned, Defendant PAUL SCOTT SCHAEDTLER controlled the motor vehicle bearing Virginia aforementioned registration number V3LV3T. 15. At times herein all mentioned,DefendantPAUL SCOTT SCHAEDTLER repaired the aforementioned motor vehicle bearing Virginia registration number V3LV3T. 16. At all times herein mentioned, Defendant PAUL SCOTT SCHAEDTLER supervised the aforementioned motor vehicle bearing Virginia registration number V3LV3T. FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020 17. At all times herein mentioned, Defendant YOEL HENRIQUEZ is, a resident was, and still and State of New York. of the County of Kings, City 18. At all times herein mentioned, Defendant YOEL HENRIQUEZ was the owner of a 2005 Honda vehicle bearing New York registration number HMX7152. 19. At all times hereinmentioned, Defendant YOEL HENR1QUEZ operated the number HMX7152. aforementioned motor vehicle bearing New York registration 20. Atall Defendant YOEL times herein mentioned, HENRIQUEZ managed the aforesaid motor vehicle bearing New York registration number HMX7152. 21. At alltimes hereinmentioned, Defendant YOEL HENR1QUEZ maintainedthe motor vehicle bearing New York registration number IIMX7152. aforementioned 22. At alltimes herein mentioned,Defendant YOEL HENRIQUEZ controlled the motor vehicle bearing New York registration number HMX7152. aforementioned 23. At all times herein mentioned,Defendant YOEL HENR1QUEZ repairedthe motor vehicle bearing New York registration aforementioned number HMX7152. 24. At alltimes hereinmentioned, Defendant YOEL HENR1QUEZ supervisedthe number HMX7152. aforementioned motor vehicle bearing New York registration 25. Atall times herein mentioned, ANDREY Plaintiff PIKALOV, was the owner of a 2017 BMW registration number JFS1802. motor vehicle bearing New York 26. At all times herein mentioned, 907C Westbound Belt Parkway, at or near Erskine Street, in were public the County of Kings, City and State of New York, roadways, streets and/or thoroughfares, subject to New York State Vehicle Traffic Laws. 27. That on September 3, 2019, Defendant LAM CH1 CHI was operating the vehicle bearing New York at the aforementioned location. registration number GLS6929, FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020 28. That on September 3, 2019, Defendant PAUL SCOTT SCHAEDTLER was operating the registration vehicle bearing Virginia number V3LV3T, at the aforementioned location. 29. That on September 3, 2019, Defendant YOEL HENRIQUEZ was operating the vehicle at the aforementioned location. registration number HMX7152, bearing New York ANDREY 30. That on September3, 2019, Plaintiff PlKALOV was operating the motor vehicle bearing New York at the aforementioned location. registration number JFSl802, location, the motor vehicles, owned and 31. That on September 3, 2019, at the aforementioned operated by the respective and carelessly came into Defendants, negligently contact with the motor vehicle owned and operated by Plaintiff ANDREY PIKALOV. as a result 32. That of the aforesaid Plaintiff contact, ANDREY PIKALOV was seriously injured. and solely by reason of the negligence contact was caused wholly 33. That the aforementioned and severally - and without and carelessnessof the Defendants - jointly any fault or negligence on the part of the Plaintiff thereto. contributing and severally - 34. That the Defendants -jointly were negligent and careless in the ownership, use and control management, maintenance, supervision, operation, of and the the aforesaid vehicle Defendants were otherwise negligent and careless under the circumstances then and there prevailing. 35. The aforementioned contact was caused solely by reason of the negligence and carelessness of the Defendants, in the ownership, operation, management, maintenance and control of the aforesaid motor vehicle; to keep its vehicle under proper, prudent and reasonable control; in operating in failing motor the aforesaid vehicleat an excessive and unlawful rate of and speed under the conditions at or prior circumstances prevailing to the said occurrence; in failing ANDREY to give the Plaintiff, PIKALOV, herein, the right-of-way; to keep a proper lookout; in failing in failing to see; in failing to FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020 in failing observe the roadway; to timely stop; in failing to apply its brakes; in failing to give any sign, signal or warning of the approach of the aforesaid vehicle; in causing the aforesaid motor vehicle to come into collision withPlaintiffs in failing vehicle; to obey the traffic signs and/or signals at the location; to stay in its respective and proper lane of travel; in failing in failing to see that which there to keep said motor vehicle in proper condition; was to be seen; in failing in failing to properly maintain the aforesaid motor vehicle; in failing to maintain the brakes of the aforesaid motor vehicle; in failing to comply with the Statutes and Ordinances pertaining to vehicular traflic on the highways of New York; and in failing although the defendant had a full to avoid this collision, to avoid same; and opportunity were further negligent in the circumstances. 36. That by reason of the foregoing, Plaintiff ANDREY PIKALOV sustained severe and/or permanent personal injuries; and PlaintitT ANDREYPIKALOV was otherwise damaged. 37. That Plaintiff ANDREY PIKALOV sustained serious injuries, as defined by §5102(d) of the Insurance Law of the State of New York. ANDREY 38. That Plaintiff PIKALOV sustained serious injuries and economicloss greater than basic economic loss as defined by §5104 of the Insurance Law of the State of New York. 39. Thatby reason of the aforementioned negligenceofthe defendant, plaintiff ANDREY PIKALOV injuries with accompanying pain; he became and continues to be sick, sustained great bodily sore, larne and disabled; some of his injuries will be permanent; he was and will be compelled to seek medical attention for these injuries; and has been and will be unable to attend his usual business, social, educational and vocational duties. 40. ThatPlaintiff ANDREY P1KALOV is not recover any seeking to damages forwhich has already been reimbursed Plaintiff insurance. Plaintiff by no-fault is seeking only to recover those FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020 damages that are presently not recoverable through no-fault insurance under the facts and circumstances in this action. action falls under the ambit of Article 41. That the within 16 of the CPLR of New York State. 42. That this action falls within one or more of the exceptions of New York State CPLR §1602. 43. That §l 602 (6) of the New York State CPLR is applicable to the within action. 44. That §1602(7) of the New York State CPLR is applicable to the within action. ANDREY PIKALOV 45. That by reason of the foregoing, Plaintiff has been damaged in a sum that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, PlaintifT demand judgment against the Defendant herein, in a sum exceeding the jurisdictional of all limits lower courts which wouldotherwise have jurisdiction, together with the costs and disbursements of this action. Dated: Brooklyn,New York December 6, 2019 Yours, etc. DMITRY LEVITSKY, ESQ. Attomeysfor PlaintifTs ANDREY PlKALOV 3171 Coney Island Avenue, 2nd liloor Brooklyn,NY 11235 (347) 462-1660 Our File No.: DL00634 FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020 nonetionani be te andasto th semat a ue.My ix1 ef as h n ne 0xrtin not ,ta±auponknowledge,is band a andmberpenne m non containeain my pfiles 'C 3kh ‰w r DMITRY LEVITS Y NOTARY PUBLIC STATE OF NEW YORK COUNTY OF KINGS REG NO. 02LE6301443 COMMISSION EXPIRES ON 4 ' i DCL FILED: KINGS COUNTY CLERK 07/02/2020 10:40 AM INDEX NO. 526735/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 07/02/2020 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ANDREY PIKALOV, Plaintiff, --against- LAM CIIICHI,PAUL SCOTT SCHAEDTLER, AND YOEL HENRIQUEZ Defendants, SUMMONS AND VERIFIED COMPLAINT LEVITSKY LAW FIRM A::0t;;:ysforP!:i;;:ifjk 3163 Coney Island Avenue, 2nd Floor Brooklyn,NY 11235 (347) 462-1660 The undersigned attorney hereby certifies, pursuant to 22 NYCRR 130-1.1-a that he/she has papers and that same are not frivolous read the within as that term is defined in 22 NYCRR 130-1.1(c). Dmitry Esq. Levitsky,