Preview
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/25/2022
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/25/2022
SUPREME COURT or THE STATE or NEW YORK
ISM 77/(9647
.
I
COUNTY or NEW YORK
4
Index No.1
_________________________________________________________________________
_.)(
LEANDER KNUST, SUMMONS
Plaintitl. Plaintiff designates NEW
YORK County as the place of
-against- trial.
AMRITPAL SINGH and MDAMRIT TAXI INC, The basis of venue isi
Plaintittls Residence
Defendant.
--X
------------------------------------------------------------------------- Plaintiftiresidesatz
237 West l()9th Street
NcwYork_ NY IOOZS
County ofNew York
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 sewed with this summons. to sewe a notice ol
appearance on the plaintiffs attomey(s) within twenty days after the service of this summons
exclusive of the day of sen/ice where service is made by delivery upon you personally within
the state. or within 30 days alter completion of service where sen/ice is made in any other
manner. In case of your failure to appear or answer. judgment will be taken against you by
default for the rclietidemanded in the complaint
DATEDI Brooklyn, New York
July l5, 2019
GEORGAKLIS 81.MALLAS. PLLC
Kostantinos Mallas
Attomeys l-orPlaintiff
Oftiee and P.O. Address
91 I8 Fitth Avenue
Brooklyn, NY 1I209
TO1 AMRITPAL SINGH MDAMRIT TAXI INC
115-25 124m Street 402 Brown PL
Queens, New York lI420 New Hyde Park. NY I I040
FILED WITH THE CLERK or THE COURT ON 7 l
VI I
Qclcl
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/25/2022
SUPREME COURT OF TI-IE STATE OF NEW YORK
COUNTY QF NEW YORK
___________________________________________________________________--X
LEANDER KNUST.
COMPLAINT
Plaintiff, M
I59 (I
_
Index No.3 7 dfvlclcl
-against-
AMRITPAL SINGH AND MDAMRIT TAXI INC.
Defendants.
_____________________________________________________________________X
Plaintiff by his attorneys. GEORGAKLIS 8c MALLAS PLLC, complaining of the
defendants. at all times hereinafter mentioned, upon infonnation and belief. allege as followsz
AS AND FOR A FIRST CAUSE OF ACTION
I. On October 22, 2018, defendant MDAMRIT TAXI INC owned a ecnain motor
vehicle bearing New York State license plate number 8H30.I.
2. On October 22. 2018. defendant MDAMRIT TAXI INC leased the aforementioned
vehicle.
3. On October 22, 2018, defendant MDAMRIT TAXI INC maintained the
aforementioned motor vehicle.
4. On October 22. 2018. defendant MDAMRIT TAXI INC controlled the
aforementioned motor vehicle.
5. On October 22, 2018, defendant MDAMRIT TAXI INC repaired the aforementioned
motor vehicle.
6. On October 22. 2018, defendant MDAMRIT TAX INC inspected the aforementioned
motor vehicle.
-1-
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/25/2022
7. On October 22, 2018, defendant AMRITPAL SINGH operated the aforementioned
vehicle.
8. On October 22, 2018, defendant AMRITPAL SINGH was an employee ol
MDAMRIT TAXI INC.
9. On October 22, 2018, defendant AMRITPAL SINGH operated the aforementioned
vehicle with the permission and consent ofMDAMRlT TAX INC.
10. On October 22, 2018, defendant AMRITPAL SINGH operated the aforementioned
vehicle while in the scope ofhis employment with defendant MDAMRIT TAX INC.
I1. On October 22, 2018, defendant AMRITPAL SINGH leased the aforementioned
vehicle.
12. On October 22, 2018, defendant AMRITPAL SING1-1 maintained the aforementioned
motor vehicle.
13. On October 22, 2018. defenc1antAMRlTPAL SINGH controlled the aforementioned
motor vehicle.
14. On October 22, 2018, defendant AMRITPAL SINGH repaired the aforementioned
motor vehicle.
I5. On October 22, 2018, plaintiff LEANDER KNUST was lawfully present at the
aforesaid location While riding a bicycle.
16. On October 22, 2018, in the County ofNew York, State ofNew York was a public
thoroughfare.
17. On October 22, 2018, at approximately 1300 am, defendant AMRITPAL SINGH was
operating the aforementioned 2013 Toyota atthe aforesaid location.
-2-
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/25/2022
I8. On October 22. 2018, at approximately 1100 am. plaintiffLEANDER KNUST was a
bicyclist at or about the aforesaid location.
I9. On October 22, 2018. the motor vehicle owned by defendant, and operated by
defendant AMRITPAL SINGH, came into contact with the bicycle operated by plaintiff
LEANDER KNUST.
20. The aforementioned contact was caused by reason oftlic negligence. carelessness and
recklessness ofthe defendants in his ownership. operation. maintenance, management. repair and
control of the aforesaid motor vehicle.
21. That defendants were negligent and indulged in culpable conduct by reason ofthe
recklessness and carelessness in the ownership. operation. maintenance, management and
control oftheir aforesaid motor vehiclesg in failing to properly maintain, repair and care for the
aforesaid motor vehicleg in failing to have same under reasonable and proper eontrolz in failing
to keep a proper lookout upon a highwayg in failing to give due and proper warning of the
movements ofsaid motor vehieleg in failing to heed traffic controlsz in failing to signal or give
signalsg in failing to afford the plaintiffa reasonable opportunity to reach a place ofsafetyz in
operating the motor vehicle as to cause the same to come into contact with such objects and/or
such persons as involved in said aceidentg in so operating the motor vehicle as to cause the
same to be in such a position on the roadway as to endanger the safety to othersg in failing to
secz in failing to sec that which was there to be secng in operating said motor vehicle at such
speeds at said location as to cause the same to be of danger to others. and in violating the
statues. ordinances and regulations. ofwhieh the Court will take Judicial notice. in such cases
made and provided.
_ 3 _
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/25/2022
22. By reason ofthe foregoing, plaintiff LEANDER KN UST was injured.
23. By reason ofthe foregoing, p1aintiffLEANDER KN UST was seriously injured.
24. The exemptions set forth in CPLR 51601 do not apply by reason of one or more ot
the exemptions set forth in CPLR Q1602.
25. The exemptions set forth in CPLR Q1601 do not apply by reason ofone or more
ofthe exemptions set forth in CPLR Q1602 including but not limited to 51(i02(6).
26. By reason of the foregoing, plaintiff LEANDER KN UST sustained a serious
injury as defined in Q5102(d) ofthe Insurance Law ofthe State ofNew York and/or
economic losses defined by i5102(a) ofthe Insurance Law of the State ofNew York.
27. By reason ofthe foregoing, plaintiff LEANDER KNUST has sustnincd damages.
both general and special, in an amount that exceeds thejurisdictional limits ofall lower
Courts to be decided by a jury at the time of trial.
WHEREFORE, plaintiff LEANDER KNUST demandsjudgment against the defendants
in this cause ofaetion in an amount that exceeds thejurisdictional limits of-alllower Courts to
be decided by a jury at the time of trial together with the costs and disbursements of this
action.
Datedt Brooklyn, New York
July 15. 2019
GEORGAKLIS 81 MALLAS. PLLC
Byz iastantiiios Mallas Esq.
Attomeys for Plaintiff
9118 Fifth Avenue
Brooklyn, New York 1 1209
(718) 238-2400
-4-
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/25/2022
VERIFICATION
Kostantinos Mallas, an attomey duly admitted to practice in the State of New York
affirms the following under penalties ofperjuryt
lam a member ofGe0rgaklis 84 Mallas. PLLC, attomeys for the plaintitllin the captioned
action. lhave read the foregoing and know the contents thereof. Upon information and belief. l
believe the matters alleged therein to be true.
The reason this Verification is made by me and not by plaintiffis that the plflllllliilll-CSltlCS
in a county other than the one in which the plaintiff s attorneys. maintain their oftices.
The source ofmy information and the grounds for my beliefs are communications,
papers, reports and investigations contained in the litigation tile.
Datedi Brooklyn, New York
July 15, 2019
A
KOSTANTINOS MALLAS
_ 5 _
Preview
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/25/2022 FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/25/2022 SUPREME COURT or THE STATE or NEW YORK ISM 77/(9647 . I COUNTY or NEW YORK 4 Index No.1 _________________________________________________________________________ _.)( LEANDER KNUST, SUMMONS Plaintitl. Plaintiff designates NEW YORK County as the place of -against- trial. AMRITPAL SINGH and MDAMRIT TAXI INC, The basis of venue isi Plaintittls Residence Defendant. --X ------------------------------------------------------------------------- Plaintiftiresidesatz 237 West l()9th Street NcwYork_ NY IOOZS County ofNew York 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 sewed with this summons. to sewe a notice ol appearance on the plaintiffs attomey(s) within twenty days after the service of this summons exclusive of the day of sen/ice where service is made by delivery upon you personally within the state. or within 30 days alter completion of service where sen/ice is made in any other manner. In case of your failure to appear or answer. judgment will be taken against you by default for the rclietidemanded in the complaint DATEDI Brooklyn, New York July l5, 2019 GEORGAKLIS 81.MALLAS. PLLC Kostantinos Mallas Attomeys l-orPlaintiff Oftiee and P.O. Address 91 I8 Fitth Avenue Brooklyn, NY 1I209 TO1 AMRITPAL SINGH MDAMRIT TAXI INC 115-25 124m Street 402 Brown PL Queens, New York lI420 New Hyde Park. NY I I040 FILED WITH THE CLERK or THE COURT ON 7 l VI I Qclcl FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/25/2022 SUPREME COURT OF TI-IE STATE OF NEW YORK COUNTY QF NEW YORK ___________________________________________________________________--X LEANDER KNUST. COMPLAINT Plaintiff, M I59 (I _ Index No.3 7 dfvlclcl -against- AMRITPAL SINGH AND MDAMRIT TAXI INC. Defendants. _____________________________________________________________________X Plaintiff by his attorneys. GEORGAKLIS 8c MALLAS PLLC, complaining of the defendants. at all times hereinafter mentioned, upon infonnation and belief. allege as followsz AS AND FOR A FIRST CAUSE OF ACTION I. On October 22, 2018, defendant MDAMRIT TAXI INC owned a ecnain motor vehicle bearing New York State license plate number 8H30.I. 2. On October 22. 2018. defendant MDAMRIT TAXI INC leased the aforementioned vehicle. 3. On October 22, 2018, defendant MDAMRIT TAXI INC maintained the aforementioned motor vehicle. 4. On October 22. 2018. defendant MDAMRIT TAXI INC controlled the aforementioned motor vehicle. 5. On October 22, 2018, defendant MDAMRIT TAXI INC repaired the aforementioned motor vehicle. 6. On October 22. 2018, defendant MDAMRIT TAX INC inspected the aforementioned motor vehicle. -1- FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/25/2022 7. On October 22, 2018, defendant AMRITPAL SINGH operated the aforementioned vehicle. 8. On October 22, 2018, defendant AMRITPAL SINGH was an employee ol MDAMRIT TAXI INC. 9. On October 22, 2018, defendant AMRITPAL SINGH operated the aforementioned vehicle with the permission and consent ofMDAMRlT TAX INC. 10. On October 22, 2018, defendant AMRITPAL SINGH operated the aforementioned vehicle while in the scope ofhis employment with defendant MDAMRIT TAX INC. I1. On October 22, 2018, defendant AMRITPAL SINGH leased the aforementioned vehicle. 12. On October 22, 2018, defendant AMRITPAL SING1-1 maintained the aforementioned motor vehicle. 13. On October 22, 2018. defenc1antAMRlTPAL SINGH controlled the aforementioned motor vehicle. 14. On October 22, 2018, defendant AMRITPAL SINGH repaired the aforementioned motor vehicle. I5. On October 22, 2018, plaintiff LEANDER KNUST was lawfully present at the aforesaid location While riding a bicycle. 16. On October 22, 2018, in the County ofNew York, State ofNew York was a public thoroughfare. 17. On October 22, 2018, at approximately 1300 am, defendant AMRITPAL SINGH was operating the aforementioned 2013 Toyota atthe aforesaid location. -2- FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/25/2022 I8. On October 22. 2018, at approximately 1100 am. plaintiffLEANDER KNUST was a bicyclist at or about the aforesaid location. I9. On October 22, 2018. the motor vehicle owned by defendant, and operated by defendant AMRITPAL SINGH, came into contact with the bicycle operated by plaintiff LEANDER KNUST. 20. The aforementioned contact was caused by reason oftlic negligence. carelessness and recklessness ofthe defendants in his ownership. operation. maintenance, management. repair and control of the aforesaid motor vehicle. 21. That defendants were negligent and indulged in culpable conduct by reason ofthe recklessness and carelessness in the ownership. operation. maintenance, management and control oftheir aforesaid motor vehiclesg in failing to properly maintain, repair and care for the aforesaid motor vehicleg in failing to have same under reasonable and proper eontrolz in failing to keep a proper lookout upon a highwayg in failing to give due and proper warning of the movements ofsaid motor vehieleg in failing to heed traffic controlsz in failing to signal or give signalsg in failing to afford the plaintiffa reasonable opportunity to reach a place ofsafetyz in operating the motor vehicle as to cause the same to come into contact with such objects and/or such persons as involved in said aceidentg in so operating the motor vehicle as to cause the same to be in such a position on the roadway as to endanger the safety to othersg in failing to secz in failing to sec that which was there to be secng in operating said motor vehicle at such speeds at said location as to cause the same to be of danger to others. and in violating the statues. ordinances and regulations. ofwhieh the Court will take Judicial notice. in such cases made and provided. _ 3 _ FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/25/2022 22. By reason ofthe foregoing, plaintiff LEANDER KN UST was injured. 23. By reason ofthe foregoing, p1aintiffLEANDER KN UST was seriously injured. 24. The exemptions set forth in CPLR 51601 do not apply by reason of one or more ot the exemptions set forth in CPLR Q1602. 25. The exemptions set forth in CPLR Q1601 do not apply by reason ofone or more ofthe exemptions set forth in CPLR Q1602 including but not limited to 51(i02(6). 26. By reason of the foregoing, plaintiff LEANDER KN UST sustained a serious injury as defined in Q5102(d) ofthe Insurance Law ofthe State ofNew York and/or economic losses defined by i5102(a) ofthe Insurance Law of the State ofNew York. 27. By reason ofthe foregoing, plaintiff LEANDER KNUST has sustnincd damages. both general and special, in an amount that exceeds thejurisdictional limits ofall lower Courts to be decided by a jury at the time of trial. WHEREFORE, plaintiff LEANDER KNUST demandsjudgment against the defendants in this cause ofaetion in an amount that exceeds thejurisdictional limits of-alllower Courts to be decided by a jury at the time of trial together with the costs and disbursements of this action. Datedt Brooklyn, New York July 15. 2019 GEORGAKLIS 81 MALLAS. PLLC Byz iastantiiios Mallas Esq. Attomeys for Plaintiff 9118 Fifth Avenue Brooklyn, New York 1 1209 (718) 238-2400 -4- FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/25/2022 VERIFICATION Kostantinos Mallas, an attomey duly admitted to practice in the State of New York affirms the following under penalties ofperjuryt lam a member ofGe0rgaklis 84 Mallas. PLLC, attomeys for the plaintitllin the captioned action. lhave read the foregoing and know the contents thereof. Upon information and belief. l believe the matters alleged therein to be true. The reason this Verification is made by me and not by plaintiffis that the plflllllliilll-CSltlCS in a county other than the one in which the plaintiff s attorneys. maintain their oftices. The source ofmy information and the grounds for my beliefs are communications, papers, reports and investigations contained in the litigation tile. Datedi Brooklyn, New York July 15, 2019 A KOSTANTINOS MALLAS _ 5 _