Answer: Ilyas Aksabaev v. Greenwich Insurance Company, Steadfast Insurance Company, Indian Harbor Insurance Company, Hereford Insurance Company, Lyft, Inc.

On August 03, 2022 a Answer was filed involving a dispute between Ilyas Aksabaev, and Greenwich Insurance Company, Hereford Insurance Company, Indian Harbor Insurance Company, Lyft, Inc., Steadfast Insurance Company, for Torts - Motor Vehicle in the District Court of Queens County.

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FILED: QUEENS COUNTY CLERK 12/14/2022 04:32 PM INDEX NO. 716085/2022
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/14/2022

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------------------------------------------------------------------------- X Index No.: 716085/2022
ILYAS AKSABAEV,

Plaintiff,
DEFENDANT’S VERIFIED
-against- ANSWER

GREENWICH INSURANCE COMPANY, STEADFAST
INSURANCE COMPANY, INDIAN HARBOR INSURANCE
COMPANY, HEREFORD INSURANCE COMPANY, and
LYFT, INC.,

Defendants.
---------------------------------------------------------------------------- X

Defendant, GREENWICH INSURANCE COMPANY (“Greenwich”), by its attorneys,

LEWIS, BRISBOIS, BISGAARD & SMITH, LLP, as and for its Verified Answer to the

Plaintiff’s Verified Complaint, alleges the following upon information and belief:

1. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “1”.

2. Admitted.

3. Admitted.

4. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, Greenwich denies as stated

each and every allegation contained within the paragraph of Plaintiff’s Verified Complaint

designated as number “4” and respectfully refers all questions of law, fact or conclusions raised

therein to the trial court for determination.

5. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, Greenwich denies knowledge

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or information to form a belief as to each and every allegation contained within the paragraph of

Plaintiff’s Verified Complaint designated as number “5” and respectfully refers all questions of

law, fact or conclusions raised therein to the trial court for determination.

6. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, Greenwich denies knowledge

or information to form a belief as to each and every allegation contained within the paragraph of

Plaintiff’s Verified Complaint designated as number “6” and respectfully refers all questions of

law, fact or conclusions raised therein to the trial court for determination.

7. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “7”.

8. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “8”.

9. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “9”.

10. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “10”.

11. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “11”.

12. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “12”.

13. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “13”.

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14. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “14”.

15. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “15”.

16. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “16”.

17. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “17”.

18. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “18”.

19. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “19”.

20. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “20”.

21. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “21”.

22. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “22”.

23. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “23”.

24. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, Greenwich denies knowledge

or information to form a belief as to each and every allegation contained within the paragraph of

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Plaintiff’s Verified Complaint designated as number “24” and respectfully refers all questions of

law, fact, or conclusions raised therein to the trial court for determination.

25. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, Greenwich denies knowledge

or information to form a belief as to each and every allegation contained within the paragraph of

Plaintiff’s Verified Complaint designated as number “25” and respectfully refers all questions of

law, fact, or conclusions raised therein to the trial court for determination.

26. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, upon information and belief,

admitted.

27. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, upon information and belief,

Greenwich admits that on December 26, 2018, plaintiff Ilyas Aksabaev was the operator of the

aforesaid motor vehicle in the County of Queens, State of New York, but denies knowledge and

information as to remaining allegations contained within Plaintiff’s Verified Complaint designated

as paragraph number “27” and respectfully refers all questions of law, fact, or conclusions raised

therein to the trial court for determination.

28. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, upon information and belief,

Greenwich denies knowledge or information to form a belief as to each allegation in Plaintiff’s

Verified Complaint designated as paragraph number “28” and respectfully refers all questions of

law, fact, or conclusions raised therein to the trial court for determination.

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29. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “29” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

30. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “30” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

31. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “31” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

32. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “32” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

33. Denies each and every allegation contained within the paragraph of Plaintiff’s

Verified Complaint designated as number “33” and respectfully refers all questions of law, fact,

or conclusions raised therein to the trial court for determination.

34. Denies each and every allegation contained within the paragraph of Plaintiff’s

Verified Complaint designated as number “34” and respectfully refers all questions of law, fact,

or conclusions raised therein to the trial court for determination.

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35. Denies each and every allegation contained within the paragraph of Plaintiff’s

Verified Complaint designated as number “35” and respectfully refers all questions of law, fact,

or conclusions raised therein to the trial court for determination.

36. Denies each and every allegation contained within the paragraph of Plaintiff’s

Verified Complaint designated as number “36” and respectfully refers all questions of law, fact,

or conclusions raised therein to the trial court for determination.

37. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, Greenwich denies each and

every allegation contained within the paragraph of Plaintiff’s Verified Complaint designated as

number “37” and respectfully refers all questions of law, fact, or conclusions raised therein to the

trial court for determination.

38. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, Greenwich denies each and

every allegation contained within the paragraph of Plaintiff’s Verified Complaint designated as

number “38” and respectfully refers all questions of law, fact, or conclusions raised therein to the

trial court for determination.

39. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, Greenwich denies each and

every allegation contained within the paragraph of Plaintiff’s Verified Complaint designated as

number “39” and respectfully refers all questions of law, fact, or conclusions raised therein to the

trial court for determination.

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40. Denies each and every allegation in Plaintiff’s Verified Complaint designated as

paragraph number “40” and respectfully refers all questions of law, fact, or conclusions raised

therein to the trial court for determination.

41. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, Greenwich denies each and

every allegation in Plaintiff’s Verified Complaint designated as paragraph number “41” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

42. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, Greenwich denies as stated

each and every allegation contained within the paragraph of Plaintiff’s Verified Complaint

designated as number “42” and respectfully refers all questions of law, fact, or conclusions raised

therein to the trial court for determination.

43. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, Greenwich denies as stated

each and every allegation contained within the paragraph of Plaintiff’s Verified Complaint

designated as number “43” and respectfully refers all questions of law, fact, or conclusions raised

therein to the trial court for determination.

44. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, Greenwich denies each and

every allegation contained within the paragraph of Plaintiff’s Verified Complaint designated as

number “44” and respectfully refers all questions of law, fact, or conclusions raised therein to the

trial court for determination.

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45. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, Greenwich denies each and

every allegation contained within the paragraph of Plaintiff’s Verified Complaint designated as

number “45” and respectfully refers all questions of law, fact, or conclusions raised therein to the

trial court for determination.

46. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, Greenwich denies each and

every allegation contained within the paragraph of Plaintiff’s Verified Complaint designated as

number “46” and respectfully refers all questions of law, fact, or conclusions raised therein to the

trial court for determination.

47. The averments in this paragraph constitute conclusions of law to which no response

is required. To the extent a responsive pleading is deemed necessary, Greenwich denies each and

every allegation contained within the paragraph of Plaintiff’s Verified Complaint designated as

number “47” and respectfully refers all questions of law, fact, or conclusions raised therein to the

trial court for determination.

48. Denies as stated each and every allegation contained within the paragraph of in

Plaintiff’s Verified Complaint designated as number “48” and respectfully refers all questions of

law, fact, or conclusions raised therein to the trial court for determination.

49. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “49”.

50. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “50”.

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51. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “51”.

52. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “52”.

53. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “53”.

54. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “54”.

55. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “55”.

56. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “56”.

57. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “57”.

58. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “58” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

59. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “59” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

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60. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “60” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

61. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “61” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

62. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “62” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

63. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “63” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

64. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “64” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

65. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “65” and

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respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

66. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “66” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

67. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “67”.

68. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “68”.

69. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “69”.

70. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “70”.

71. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “71”.

72. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “72”.

73. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “73”.

74. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “74”.

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75. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “75”.

76. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “76” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

77. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “77” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

78. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “78” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

79. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “79” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

80. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “80” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

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81. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “81” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

82. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “82” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

83. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “83” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

84. Denies knowledge or information to form a belief as to each and every allegation

contained within the paragraph of Plaintiff’s Verified Complaint designated as number “84” and

respectfully refers all questions of law, fact, or conclusions raised therein to the trial court for

determination.

AS AND FOR A FIRST AFFIRMATIVE DEFENSE

85. The Complaint fails to state facts sufficient to constitute a cause of action against

Defendant Greenwich for which relief may be granted.

AS AND FOR A SECOND AFFIRMATIVE DEFENSE

86. The claims asserted by Plaintiff are or may be barred, in whole or in part, or subject

to dismissal, in whole or in part, by the applicable statute of limitations and/or by any limitations

of action contained in Defendant Greenwich’s policy.

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AS AND FOR A THIRD AFFIRMATIVE DEFENSE

87. The claims asserted by Plaintiff are or may be barred, in whole or in part, or subject

to dismissal, in whole or in part, by the doctrines of laches, waiver, unclean hands and/or estoppel.

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE

88. The claims asserted by Plaintiff are or may be barred, in whole or in part, to the

extent Plaintiff fails to seek recoverable damages.

AS AND FOR A FIFTH AFFIRMATIVE DEFENSE

89. Coverage for the claims for which Plaintiff seeks indemnification and/or recovery

is barred and/or limited, in whole or in part, by the applicable provisions, terms, definitions,

conditions, limitations, endorsements and exclusions of Defendant Greenwich’s policy and/or by

public policy or express provision of law.

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE

90. There is no coverage under Defendant Greenwich’s policy for plaintiff’s claims to

the extent that Plaintiff does not qualify as an “insured” as defined within Defendant Greenwich’s

policy.

AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE

91. The plaintiff has failed to sustain a serious injury, as defined in subdivision (d) of

§ 5102 of the Insurance Law, or economic loss greater than basic economic loss, as defined in

subdivision (a) of § 5102 of the Insurance Law.

AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE

92. The injuries and damages allegedly suffered by the plaintiff, if any, (which injuries

and damages are specifically denied by the defendant), were the result of culpable conduct or fault

of third persons for whose conduct the answering defendant is not legally responsible, and the

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damages recovered by the plaintiff, if any, should be diminished or reduced in the proportion to

which said culpable conduct bears upon the culpable conduct which caused the damages.

AS AND FOR A NINTH AFFIRMATIVE DEFENSE

93. Upon information and belief, whatever damages the plaintiff may have sustained at

the time and place mentioned in the Verified Complaint were caused in whole or in part by the

culpable conduct of said plaintiff. The amount of damages recovered, if any, shall therefore be

diminished in the proportion to which said culpable conduct, attributable to plaintiff, bears to the

culpable conduct which caused said injuries.

AS AND FOR A TENTH AFFIRMATIVE DEFENSE

94. Upon information and belief, plaintiff’s economic loss, if any, as specified in §

4545 of the CPLR, was or will be replaced or indemnified, in whole or in part, from collateral

sources, and the answering defendant is entitled to have the court consider the same in determining

such special damages as provided in § 4545 of the CPLR.

AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE

95. Upon information and belief, that all risks and danger of loss or danger connected

with the situation alleged in the Verified Complaint were at the time and place mentioned obvious

and apparent, and were known by the plaintiff and voluntarily assumed by him.

AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE

96. Upon information and belief, that the plaintiff’s injuries, if any, were increased or

caused by the plaintiff’s failure to use and wear a seat belt at the time of the occurrence and, under

the applicable laws, plaintiff may not recover for those injuries which he would not otherwise have

sustained.

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AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE

97. The Complaint fails to name the necessary and indispensable party or parties which

allegedly caused the alleged injuries sustained by the plaintiff.

AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE

98. The proper forum for this matter is arbitration with an arbitrator assigned by the

American Arbitration Association.

AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE

99. The plaintiff’s cause of action may not be maintained because of collateral estoppel

and/or res judicata.

AS AND FOR AN SIXTEENTH AFFIRMATIVE DEFENSE

100. The plaintiff’s cause of action may not be maintained because of payment and

release obtained from third party tortfeasors.

RESERVATION OF RIGHTS

101. Defendant Greenwich reserves its right to amend this answer and assert additional

affirmative defenses once such information is obtained and upon conducting additional discovery

and investigation.

WHEREFORE, defendant, GREENWICH INSURANCE COMPANY hereby

demands judgment dismissing the Verified Complaint, together with the costs and disbursements

of this action, including attorneys’ fees, and for such other, further and different relief as this Court

deems just and proper.

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Dated: New York, New York
December 14, 2022

Respectfully submitted,

LEWIS BRISBOIS BISGAARD & SMITH LLP

By: _Patricia Alarcon Demetri
Patricia Alarcon Demetri
Attorneys for Defendants
GREENWICH INSURANCE COMPANY,
INDIAN HARBOR INSURANCE COMPANY
and LYFT, INC.,
77 Water Street, Suite 2100
New York, New York 10005
(212) 232-1300
File No. 37586.3791

TO: GREGORY SPEKTOR & ASSOCIATES
Attorneys for Plaintiff
ILYAS AKSABAEV
One Cross Island Plaza, Suite 203C
Rosedale, New York 11422
(718) 528-5272

GOLDBERG SEGALLA LLP
Attorneys for Defendant
STEADFAST INSURANCE COMPANY
665 Main Street
Buffalo, New York 14203
(716) 566-5466

LAW OFFICE OF DEIRDRE TOBIN, ESQ.
Attorneys for Defendant
HEREFORD INSURANCE COMPANY
Office and P.O. Address
36-01 43rd Avenue
Long Island City, NY 11101
(718) 361-0027 x.7186

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ATTORNEY’S VERIFICATION

STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )

PATRICIA ALARCON DEMETRI, being an attorney duly admitted to practice before the

Courts of the State of New York and fully aware of the penalties of perjury, hereby affirms as

follows:

Affirmant is a member of the law firm of LEWIS BRISBOIS BISGAARD & SMITH LLP,

attorneys for defendant GREENWICH INSURANCE COMPANY, in the within action, and is

fully familiar with the facts and circumstances involved in this matter from reviewing the file

regarding the same maintained in the offices of said law firm.

Affirmant has read the foregoing Verified Answer to the Verified Complaint, knows the

contents thereof, and the same are true to affirmant’s own knowledge, except as to those matters

therein stated to be alleged upon information and belief, and as to those matters affirmant believes

them to be true.

This Verification is made by the undersigned because said defendant GREENWICH

INSURANCE COMPANY is a foreign corporation.

The grounds of affirmant’s belief as to all matters not stated to be affirmant’s knowledge

are investigative and other information contained in the file of the said law firm.

Dated: New York, New York
December 14, 2022

Patricia Alarcon Demetri
PATRICIA ALARCON DEMETRI

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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/14/2022

AFFIDAVIT OF SERVICE

STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )

MAGGIE BOGDANOWICZ, being duly sworn, deposes and says: that deponent is not a
party to this action, is over 18 years of age and resides in Queens County, New York.
That on the 14th day of December, 2022, deponent served the within document(s) entitled
DEFENDANT’S VERIFIED ANSWER upon:

GREGORY SPEKTOR & ASSOCIATE
One Cross Island Plaza, Suite 203C
Rosedale, New York 11422

GOLDBERG SEGALLA LLP
665 Main Street
Buffalo, New York 14203

LAW OFFICE OF DEIRDRE TOBIN, ESQ.
Office and P.O. Address
36-01 43rd Avenue
Long Island City, NY 11101

the attorneys for the respective party(ies) in this action, at the above address(es) designated by said
attorney(s) for that purpose by:

depositing the papers, enclosed in a properly addressed sealed envelope, with postage
prepaid thereon via regular U.S. Mail within the State of New York.

x by electronic service via NYSCEF system

____________________________
MAGGIE BOGDANOWICZ
Sworn to before me this
14th day of December, 2022

Notary Public
JUNE I CRADLE
Notary Public, State of New Yori<
No. 01CR6162747
Qualified in Bronx County
Commilllllon Expln:tl M11rch Hl, 202:3
4863-3158-5860.1

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FILED: QUEENS COUNTY CLERK 12/14/2022 04:32 PM INDEX NO. 716085/2022
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/14/2022

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------------------------------------------------------------------------- X Index No.: 716085/2022
ILYAS AKSABAEV,

Plaintiff,

-against-

GREENWICH INSURANCE COMPANY, STEADFAST
INSURANCE COMPANY, INDIAN HARBOR INSURANCE
COMPANY, HEREFORD INSURANCE COMPANY, and
LYFT, INC.,

Defendants.
---------------------------------------------------------------------------- X

DEFENDANT’S VERIFIED ANSWER

LEWIS BRISBOIS BISGAARD & SMITH LLP
Attorneys for Defendant(s)

Office Address & Tel. No.: 77 Water Street, 21st Floor
New York, New York 10005
(212) 232-1300

Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts
of New York State, certifies that, upon information and belief and reasonable inquiry, the
contentions contained in the annexed document are not frivolous.

Signature: /s/
Print Signer’s Name: Patricia A. Demetri, Esq.

Service of a copy of the within is hereby
admitted.
Dated December 14, 2022

4863-3158-5860.1

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Case Info

Judge

Sally E Unger Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

December 14, 2022

Case Filing Date

August 03, 2022

County

Parties

ALARCON, PATRICIA S. Attorney for the Defendant
BROOKS, MELISSA ANN Attorney for the Defendant
GREENWICH INSURANCE COMPANY Defendant
HEREFORD INSURANCE COMPANY Defendant
Ilyas Aksabaev Plaintiff
INDIAN HARBOR INSURANCE COMPANY Defendant
LYFT, INC. Defendant
MCCORMICK, PAUL DAVID Attorney for the Defendant
Spektor, Gregory Attorney for the Plaintiff
STEADFAST INSURANCE COMPANY Defendant
TOBIN, DEIRDRE JOYCE Attorney for the Defendant
DAVID HENDERSON Attorneys for Plaintiffs
PATRICIA DEMPSEY Attorneys for Defendants

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