Preview
FILED: KINGS COUNTY CLERK 07/26/2023 12:01 PM INDEX NO. 521498/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
YEVGENY LEVIN Index No.
Plaintiff '
SUMMONS
-against-
BASIS OF VENUE
Location of Plaintiff's Residence
RICHARD W. YOUNG
Defendants.
To the above-named Defendants: 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 served
with this summons to serve a notice of appearance, on the Plaintiff s attorney within 20 days after
the service of this summons, exclusive of the day of service or within 30 days after the service is
complete if this summons is not personally delivered to you within the State of New York and in
case of your failure to appear or answer, judgment will be taken against you by default for the
relief demanded in the complaint.
Dated: July 26, 2023
Alan V itzman, Esq.
Attorney for Plaintiff
Levin Law Group
2102 Avenue Z, Suite 205
Brooklyn, New York 11235
alan@ylevinlaw.com
(718) 989-9629
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
YEVGENY LEVIN Index No.
Plaintiff,
-against- COMPLAINT
RICHARD W. YOUNG
Defendant.
Plaintiff, by and through their attorney, Alan Vaitzman, Esq. complaining of the
Defendant alleges upon information and belief as follows:
THE PARTIES
1. Yevgeny Levin is a natural person residing at 3077 Emmons Avenue, Brooklyn, NY
11235
2. Upon information and belief, Defendant, Richard W. Young is a natural person
residing at 153 Arlington Avenue, Valley Stream, NY 11580.
FACTUAL BACKGROUND
1. Richard W. Young, Esq. (the "Defendant") is an attorney representing one Cory Hal
Morris in a proceeding in Suffolk County under index number 621678/2021.
2. On July 20, 2023, the Defendant filed an affirmation in support of a motion in the
above referenced case (the "Libelous Affirmation" attached hereto as Exhibit 1).
3. The Defendant made the Libelous Affirmation under oath under penalty of perjury.
4. The Defendant made the following false statements in the Libelous Affirmation that
damage the reputation of Yevgeny Levin in his professional capacity.
5. Paragraph 7 of the Libelous Affirmation stated, inter alia, that "Defendants did not
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provide a statement of material facts but did provide conclusory affidavits which,
among other things, evidence that the Defendants law firm se terminated the attorney
who failed to show to the time-of-the-essence real estate closing, neglected Defendant
malpractice[.]"
Melvin Carpio's file and now is making money off what is attorney
6. Paragraph 14 of the Libelous Affirmation stated that "Plaintiff submits additional
facts show that the Defendant Levin Law Group terminated the attorney who
neglected its client, Defendant Melvin Carpio, file for which it now appears,
se."
submitting affidavit testimony, but has Melvin Carpio paying for a pro
7. Paragraph 36 of the Libelous Affirmation stated that "Defendants concede it
matter.[...]"
terminated the attorney handling the
8. Paragraph 38 of the Libelous Affirmation stated that "Defendants, whose attorney
terminated,[...]"
handling the litigation file was
9. Paragraph 51 of the Libelous Affirmation stated that "Defendants now concede it
terminated staff the Defendant Melvin Carpio - it appears that their
handling closing
malpractice"
actions are done to cover up attorney
10. Paragraph 100 of the Libelous Affirmation stated that "Renewal and Reargument is
made because Defendants submitted an affidavit stating that the attorney handling the
wrongdoing."
file was terminated and thus shows its
11. Paragraph 116 of the Libelous Affirmation stated that "The Plaintiff simply sought to
sell a personal residence - the Defendant ignored all correspondence and
defaulted,
his attorneys, after it now (thus the basis for renewal and reargument of this motion)
terminated."
concedes that the attorney handling the file was
12. Paragraph 127 of the Leblous Affirmation stated that "Yevgeny Levin submits that he
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terminated the employee who he should have overseen who,it should be clear now,
defaulted on behalf of its client Defendant Melvin Carpio."
DEFAMATION PER SE
13. Plaintiff repeats,reiterates and realleges each and every allegation contained within
paragraphs "1" through "12" as if fully set forth herein.
14. All of the statements in paragraphs 5 through 12 above were false. The staff member
in question,Alex Golant,Esq. was not terminated. Plaintiff submitted no affidavit to
that effect. Plaintiff never spoke with Defendant and never met him in person.
15. Defendant's filed statements are defamation per se.
16. In New York,the elements of defamation are: (1) a false statement that tends to
expose a person to public contempt,hatred,ridicule,aversion,or disgrace; (2)
published without privilege or authorization to a third party; (3) amounting to fault as
judged by,at a minimum,a negligence standard; and (4) either causing special harm
or constituting defamation per se. See Kasavana v. Vela, 172 A.D.3d 1042,1044 (2d
Dept. May 15,2019).
17. A statement is defamatory per se if it (1) charges the plaintiff with a serious crime; (2)
tends to injure the plaintiff in her or his trade,business or profession; (3) imputes to
the plaintiff a loathsome disease; or (4) imputes unchastity to a woman. Liberman v.
Ge/stein, 80 N.Y.2d 429,435 (1992).
18. In the instant case,Defendant made not one (1) but eight (8) defamatory per se
statements in the Libelous Affirmation.
19. Defendant was not only negligent but may have perjured himself by what appears to
be an intentional lie about the Plaintiff "terminating" an attorney.
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20. The statements are completely and utterly false.
21. The statements are defamatory per se as they injure plaintiff's business reputation in
stating that Plaintiff terminated the staff member in question.
WHEREFORE Plaintiff demands judgment against Defendant in an amount to be determined at
trial but in no event less than $100,000.00 for injury to Plaintiff's reputation as well as attorney's
fees, costs, and such other further relief as the Court deems just and proper.
July 26, 2023
aitzman, Esq.
Levin Law Group
2102 Avenue Z, Suite 205
Brooklyn, New York 11235
Chris@YLevinLaw.com
718-989-9629
Attorney for the Plaintiff
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VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF KINGS )
YEVGENY LEVIN, being duly sworn, deposes and states: I am the Plaintiff in the
within action, I have read the foregoing Complaint and know the contents thereof; the same is
true to my own knowledge, except as to the matters therein stated to be alleged on information
and belief, and as to those matters I believe them to be true.
Signature of Plaintiff
YEVGENY LEVIN
Sworn to before me this
July 6th, 023
Notab Public
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Preview
FILED: KINGS COUNTY CLERK 07/26/2023 12:01 PM INDEX NO. 521498/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS YEVGENY LEVIN Index No. Plaintiff ' SUMMONS -against- BASIS OF VENUE Location of Plaintiff's Residence RICHARD W. YOUNG Defendants. To the above-named Defendants: 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 served with this summons to serve a notice of appearance, on the Plaintiff s attorney within 20 days after the service of this summons, exclusive of the day of service or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: July 26, 2023 Alan V itzman, Esq. Attorney for Plaintiff Levin Law Group 2102 Avenue Z, Suite 205 Brooklyn, New York 11235 alan@ylevinlaw.com (718) 989-9629 1 of 6 FILED: KINGS COUNTY CLERK 07/26/2023 12:01 PM INDEX NO. 521498/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS YEVGENY LEVIN Index No. Plaintiff, -against- COMPLAINT RICHARD W. YOUNG Defendant. Plaintiff, by and through their attorney, Alan Vaitzman, Esq. complaining of the Defendant alleges upon information and belief as follows: THE PARTIES 1. Yevgeny Levin is a natural person residing at 3077 Emmons Avenue, Brooklyn, NY 11235 2. Upon information and belief, Defendant, Richard W. Young is a natural person residing at 153 Arlington Avenue, Valley Stream, NY 11580. FACTUAL BACKGROUND 1. Richard W. Young, Esq. (the "Defendant") is an attorney representing one Cory Hal Morris in a proceeding in Suffolk County under index number 621678/2021. 2. On July 20, 2023, the Defendant filed an affirmation in support of a motion in the above referenced case (the "Libelous Affirmation" attached hereto as Exhibit 1). 3. The Defendant made the Libelous Affirmation under oath under penalty of perjury. 4. The Defendant made the following false statements in the Libelous Affirmation that damage the reputation of Yevgeny Levin in his professional capacity. 5. Paragraph 7 of the Libelous Affirmation stated, inter alia, that "Defendants did not 2 of 6 FILED: KINGS COUNTY CLERK 07/26/2023 12:01 PM INDEX NO. 521498/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023 provide a statement of material facts but did provide conclusory affidavits which, among other things, evidence that the Defendants law firm se terminated the attorney who failed to show to the time-of-the-essence real estate closing, neglected Defendant malpractice[.]" Melvin Carpio's file and now is making money off what is attorney 6. Paragraph 14 of the Libelous Affirmation stated that "Plaintiff submits additional facts show that the Defendant Levin Law Group terminated the attorney who neglected its client, Defendant Melvin Carpio, file for which it now appears, se." submitting affidavit testimony, but has Melvin Carpio paying for a pro 7. Paragraph 36 of the Libelous Affirmation stated that "Defendants concede it matter.[...]" terminated the attorney handling the 8. Paragraph 38 of the Libelous Affirmation stated that "Defendants, whose attorney terminated,[...]" handling the litigation file was 9. Paragraph 51 of the Libelous Affirmation stated that "Defendants now concede it terminated staff the Defendant Melvin Carpio - it appears that their handling closing malpractice" actions are done to cover up attorney 10. Paragraph 100 of the Libelous Affirmation stated that "Renewal and Reargument is made because Defendants submitted an affidavit stating that the attorney handling the wrongdoing." file was terminated and thus shows its 11. Paragraph 116 of the Libelous Affirmation stated that "The Plaintiff simply sought to sell a personal residence - the Defendant ignored all correspondence and defaulted, his attorneys, after it now (thus the basis for renewal and reargument of this motion) terminated." concedes that the attorney handling the file was 12. Paragraph 127 of the Leblous Affirmation stated that "Yevgeny Levin submits that he 3 of 6 FILED: KINGS COUNTY CLERK 07/26/2023 12:01 PM INDEX NO. 521498/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023 terminated the employee who he should have overseen who,it should be clear now, defaulted on behalf of its client Defendant Melvin Carpio." DEFAMATION PER SE 13. Plaintiff repeats,reiterates and realleges each and every allegation contained within paragraphs "1" through "12" as if fully set forth herein. 14. All of the statements in paragraphs 5 through 12 above were false. The staff member in question,Alex Golant,Esq. was not terminated. Plaintiff submitted no affidavit to that effect. Plaintiff never spoke with Defendant and never met him in person. 15. Defendant's filed statements are defamation per se. 16. In New York,the elements of defamation are: (1) a false statement that tends to expose a person to public contempt,hatred,ridicule,aversion,or disgrace; (2) published without privilege or authorization to a third party; (3) amounting to fault as judged by,at a minimum,a negligence standard; and (4) either causing special harm or constituting defamation per se. See Kasavana v. Vela, 172 A.D.3d 1042,1044 (2d Dept. May 15,2019). 17. A statement is defamatory per se if it (1) charges the plaintiff with a serious crime; (2) tends to injure the plaintiff in her or his trade,business or profession; (3) imputes to the plaintiff a loathsome disease; or (4) imputes unchastity to a woman. Liberman v. Ge/stein, 80 N.Y.2d 429,435 (1992). 18. In the instant case,Defendant made not one (1) but eight (8) defamatory per se statements in the Libelous Affirmation. 19. Defendant was not only negligent but may have perjured himself by what appears to be an intentional lie about the Plaintiff "terminating" an attorney. 4 of 6 FILED: KINGS COUNTY CLERK 07/26/2023 12:01 PM INDEX NO. 521498/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023 20. The statements are completely and utterly false. 21. The statements are defamatory per se as they injure plaintiff's business reputation in stating that Plaintiff terminated the staff member in question. WHEREFORE Plaintiff demands judgment against Defendant in an amount to be determined at trial but in no event less than $100,000.00 for injury to Plaintiff's reputation as well as attorney's fees, costs, and such other further relief as the Court deems just and proper. July 26, 2023 aitzman, Esq. Levin Law Group 2102 Avenue Z, Suite 205 Brooklyn, New York 11235 Chris@YLevinLaw.com 718-989-9629 Attorney for the Plaintiff 5 of 6 FILED: KINGS COUNTY CLERK 07/26/2023 12:01 PM INDEX NO. 521498/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2023 VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF KINGS ) YEVGENY LEVIN, being duly sworn, deposes and states: I am the Plaintiff in the within action, I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe them to be true. Signature of Plaintiff YEVGENY LEVIN Sworn to before me this July 6th, 023 Notab Public 6 of 6