Preview
FILED: NASSAU COUNTY CLERK 01/12/2021 10:28 AM INDEX NO. 618235/2019
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/12/2021
EXHIBIT 3
FILED: NASSAU COUNTY CLERK 01/12/2021 10:28 AM INDEX NO. 618235/2019
IYSCEF DOC.
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1 15 RECEIVED NYSCEF:
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NYSCEF: 01/12/2021
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF NASSAU Date of Purchase:
_______________________..______________________.........____________
MARTHA N. MENDOZA,
SUMMONS
Plaintiff,
Plaintiff designates
-against- NASSAU COUNTY
as the venue for trial
ASHOK KUMAR, DEEPAK SHARMA,
The basis for venue is:
Defendants. PLAINTIFF'S RESIDENCE
______________________________________
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer this complaint 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
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 complctc 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, jud gment will be
taken against you by default for the relief demanded in the complaint.
Dated: Rosedale, New York
Decemberd 2019
YAKOV MUSHIYEV & ASSOCIATES, P.C.
Y A K MUSI Il Y .SQ.
One Cross Island Plaza, Suite 325
Rosedale, New York 11422
(718) 775-3110
Attorneys for Plainfty
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DEFENDANTS'
ADDRESSES:
ASHOK KUMAR
5'h
128 Street
Hicksville NY 11801
DEEPAK SHARMA
5d2
128 Street
Hicksville NY 11801
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
..__________ __________............
_______.______.________________ Index No.:
MARTHA N. MENDOZA,
VERIFIED COMPLAINT
Plaintiff,
-against-
ASHOK KUMAR, DEEPAK SHARMA,
Defendants.
_____________..__._____.._____________________________________....
Plaintiff MARTHA N. MENDOZA, by her attorneys YAKOV MUSHIYEV &
ASSOCIATES, P.C., complaining of the Defendants herein, alleges as follows:
1. That on April 16, 2019, and upon infonnation and belief, plaintiff MARTHA N. MENDOZA
was, and still is, a resident of the County ofNassau, State ofNew York.
2. That on April 16, 2019, and upon infonnation and belief, defendant ASHOK KUMAR was,
and still is, a resident of the County ofNassau, State of New York.
3. That on April 16, 2019, and upon information and belief, defendant DEEPAK SHARMA
was, and still is, a resident of the County of Nassau, State of New York.
4. That on April 16, 2019, and upon information and belief, defendant DEEPAK SHARMA
owned a motor vehicle bearing New York State license plate 4Bl 7H.
5. That on April 16, 2019, and upon information and belief, defendant DEEPAK SHARMA
maintained a motor vehicle bearing New York State license plate 4B17H.
6. That on April 16, 2019, and upon information and belief, defendant DEEPAK SHARMA
managed a motor vehicle bearing New York State license plate 4Bl7H.
7. That on April 16, 2019, and upon information and belief, defendant DEEPAK SHARMA
controlled a motor vehicle bearing New York State license plate 4B17H.
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8. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR
operated a motor vehicle bearing New York State license plate 4B17H.
9. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR
maintained a motor vehicle bearing New York State license plate 4Bl7H.
10. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR
niañaged a motor vehicle bearing New York State license plate 4Bl7H.
11. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR
controlled a motor vehicle bearing New York State license plate 4Bl7H.
12. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR
operated a motor vehicle bearing New York State license plate 4B17H with the knowledge,
permission, and consent of defendant DEEPAK SHARMA.
13. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR
maintained a motor vehicle bearing New York State license plate 4B17H with the knowledge,
permission, and consent of defendant DEEPAK SHARMA.
14. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR
managed a motor vehicle bearing New York State license plate 4B17H with the knowledge,
permission, and consent of defendant DEEPAK SHARMA.
15. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR
controlled a motor vehicle beariñg New York State license plate 4B17H with the knowledge,
permission, and consent of defendant DEEPAK SHARMA.
16. That on April 16, 2019, and upon information and belief, Northern State Parkway, at or
near the intersection with exit 26, in the County of Nassau, State of New York, was, and still is, a
public highway used extensively by the general public.
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17. That on April 16, 2019, aud upon information and belief, plaintiff MARTHA N. MENDO2A
was lawfully operating a motor vehicle bearing New York State license plate GVT 7851 on Northern
State Parkway at or near the intersection with exit 26, in the County of Nassau, State of New York.
Defendants'
18. That on April 16, 2019, motor vehicle collided with Plaintiff's motor vehicle on
Northern State Parkway, at or near the intersection with exit 26, in the County of Nassau, State of
New York.
19. That the collision was due solely to, and caused wholly by, the careless and negligent manner
Defendants'
in which owned, operated, maintained, managed, and controlled her vehicles, without
the Plaintiff in any way contributing thereto.
Defendants'
20. That because of carelessness and negligence, plaintiff MARTHA N.
MENDOZA, was severely injured, bruised, and wounded, and Plaintiff suffered, still suffers, and will
continue to suffer for some time, from physical pain and bodily injuries, and became sick, sore, lame,
and disabled, and so remained for a considerable length of time.
Defendants'
2I. That because of carelessness and negligence, plaintiff MARTHA N.
MENDOZA, was compelled to seek, and did necessarily require, medical treatment and medicine,
and did necessarily pay for, and/or become liable for, the cost of that medical treatment and medicine,
and upon information and belief Plaintiff will necessarily incur similar expenses in the future.
Defendants'
22. That because of carelessness and negligence, plaintiff MARTHA N.
MENDOZA has been unable to attend to her usual occupation in the manner required.
Defendants'
23. That because of carelessness and negligence, plaintiff MARTHA N.
MENDOZA has sustained serious injuries as defined in Section 5102(d) of the Insurance Law of the
State of New York, and has sustained economic loss greater than basic economic loss as defined in
Section 5102 of the Insurance Law of the State of New York.
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24. That one or more of the exceptions found in Section 1602 of the Civil Practice Law and Rules
apply to this action,
Defendants'
25, That because of carelessness and negligence, plaintiff MARTI IA N.
MENDOZA sf ='-: -d damages in an amount that exceeds the jurisdictional limits of all lower Courts.
WHEREFORE, Plaintiff seeks judgment against the Defendants in an amount that exceeds
the jurisdictional limits of all lower courts, together with costs and disbursements in this action.
Dated: Rosedale, New York
December~, 2019 YAKOV MUSHIYFV 4 ASSOCIATES, P.C.
Yn OVMUkll YIIVESQ.
One Cross Island Plaza —Suite 325
Rosedale, New York 11422
(718) 775-3110
Attorneys for Plaint'
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ATTORNEY VERIFICATION
YAKOV MUSHIYEV, an attorney admitted to practice law before the Courts of the State
of New York, and associated with the firm of YAKOV MUSHIYEV & ASSOCIATES, P.C.,
attorneys for Plaintiff MARTHAN. MENDOZA, hereby affirms the following:
That I have read the foregoing SUMMONS & VERIFIED COMPLAINT and know the
contents thereof, that the same is true to my own knowledge except as to hose matters which are
stated therein to be upon information and belief, and as to those matters, I believe them to be true.
That the information contained therein was obtained based upon a review of Plaintiff's
legal case file.
That the reason this Verification is made by your Affirmant and not by Plaintiff is because
the Plaintiff does not reside within Queens County, whe e YAKOV MUSH1YEV &
ASSOCIATES, P.C., maintains its office.
The undersigned affirms that the fo egoing statement is true under the penalties of perjury.
Dated: Rosedale, New York
December M, 2019
YA W MUSHIYEV, ESQ
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_____________..________________________________......_________________
MARTHA N. MENDOZA,
Plaintiff,
-against-
ASHOK K.UMAR, DEEPAK SHARMA,
Defendants.
______. ___________................ ..............._________...____________
SUMMONS & VERIFIED COMPLAINT
YAKOV MUSHIYEV & ASSOCIATES, P.C.
One Cross Island Plaza - Suite 325
Rosedale, New York 11422
(718) 775-3110
Attorneys for Plaintif
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Preview
FILED: NASSAU COUNTY CLERK 01/12/2021 10:28 AM INDEX NO. 618235/2019 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 01/12/2021 EXHIBIT 3 FILED: NASSAU COUNTY CLERK 01/12/2021 10:28 AM INDEX NO. 618235/2019 IYSCEF DOC. NYSCEF DOC.NO.NO. 1 15 RECEIVED NYSCEF: RECEIVED12/31/2019 NYSCEF: 01/12/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NASSAU Date of Purchase: _______________________..______________________.........____________ MARTHA N. MENDOZA, SUMMONS Plaintiff, Plaintiff designates -against- NASSAU COUNTY as the venue for trial ASHOK KUMAR, DEEPAK SHARMA, The basis for venue is: Defendants. PLAINTIFF'S RESIDENCE ______________________________________ TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer this complaint 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 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 complctc 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, jud gment will be taken against you by default for the relief demanded in the complaint. Dated: Rosedale, New York Decemberd 2019 YAKOV MUSHIYEV & ASSOCIATES, P.C. Y A K MUSI Il Y .SQ. One Cross Island Plaza, Suite 325 Rosedale, New York 11422 (718) 775-3110 Attorneys for Plainfty 1 of 8 FILED: NASSAU COUNTY CLERK 01/12/2021 10:28 AM INDEX NO. 618235/2019 1YSCEF DOC.NO.NO. NYSCEFDOC. 1 15 RECEIVED NYSCEF: RECEIVED12/31/2019 NYSCEF: 01/12/2021 DEFENDANTS' ADDRESSES: ASHOK KUMAR 5'h 128 Street Hicksville NY 11801 DEEPAK SHARMA 5d2 128 Street Hicksville NY 11801 2 of 8 FILED: NASSAU COUNTY CLERK 01/12/2021 10:28 AM INDEX NO. 618235/2019 1YSCEF DOC.NO.NO. NYSCEFDOC. 1 15 RECEIVED NYSCEF: RECEIVED12/31/2019 NYSCEF: 01/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ..__________ __________............ _______.______.________________ Index No.: MARTHA N. MENDOZA, VERIFIED COMPLAINT Plaintiff, -against- ASHOK KUMAR, DEEPAK SHARMA, Defendants. _____________..__._____.._____________________________________.... Plaintiff MARTHA N. MENDOZA, by her attorneys YAKOV MUSHIYEV & ASSOCIATES, P.C., complaining of the Defendants herein, alleges as follows: 1. That on April 16, 2019, and upon infonnation and belief, plaintiff MARTHA N. MENDOZA was, and still is, a resident of the County ofNassau, State ofNew York. 2. That on April 16, 2019, and upon infonnation and belief, defendant ASHOK KUMAR was, and still is, a resident of the County ofNassau, State of New York. 3. That on April 16, 2019, and upon information and belief, defendant DEEPAK SHARMA was, and still is, a resident of the County of Nassau, State of New York. 4. That on April 16, 2019, and upon information and belief, defendant DEEPAK SHARMA owned a motor vehicle bearing New York State license plate 4Bl 7H. 5. That on April 16, 2019, and upon information and belief, defendant DEEPAK SHARMA maintained a motor vehicle bearing New York State license plate 4B17H. 6. That on April 16, 2019, and upon information and belief, defendant DEEPAK SHARMA managed a motor vehicle bearing New York State license plate 4Bl7H. 7. That on April 16, 2019, and upon information and belief, defendant DEEPAK SHARMA controlled a motor vehicle bearing New York State license plate 4B17H. 3 of 8 FILED: NASSAU COUNTY CLERK 01/12/2021 10:28 AM INDEX NO. 618235/2019 IYSCEF DOC. NYSCEF DOC.NO.NO. 1 15 RECEIVED NYSCEF: RECEIVED12/31/2019 NYSCEF: 01/12/2021 8. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR operated a motor vehicle bearing New York State license plate 4B17H. 9. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR maintained a motor vehicle bearing New York State license plate 4Bl7H. 10. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR niañaged a motor vehicle bearing New York State license plate 4Bl7H. 11. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR controlled a motor vehicle bearing New York State license plate 4Bl7H. 12. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR operated a motor vehicle bearing New York State license plate 4B17H with the knowledge, permission, and consent of defendant DEEPAK SHARMA. 13. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR maintained a motor vehicle bearing New York State license plate 4B17H with the knowledge, permission, and consent of defendant DEEPAK SHARMA. 14. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR managed a motor vehicle bearing New York State license plate 4B17H with the knowledge, permission, and consent of defendant DEEPAK SHARMA. 15. That on April 16, 2019, and upon information and belief, defendant ASHOK KUMAR controlled a motor vehicle beariñg New York State license plate 4B17H with the knowledge, permission, and consent of defendant DEEPAK SHARMA. 16. That on April 16, 2019, and upon information and belief, Northern State Parkway, at or near the intersection with exit 26, in the County of Nassau, State of New York, was, and still is, a public highway used extensively by the general public. 4 of 8 FILED: NASSAU COUNTY CLERK 01/12/2021 10:28 AM INDEX NO. 618235/2019 DOC.NO.NO. 1YSCEF DOC. NYSCEF 1 15 RECEIVED NYSCEF: RECEIVED12/31/2019 NYSCEF: 01/12/2021 17. That on April 16, 2019, aud upon information and belief, plaintiff MARTHA N. MENDO2A was lawfully operating a motor vehicle bearing New York State license plate GVT 7851 on Northern State Parkway at or near the intersection with exit 26, in the County of Nassau, State of New York. Defendants' 18. That on April 16, 2019, motor vehicle collided with Plaintiff's motor vehicle on Northern State Parkway, at or near the intersection with exit 26, in the County of Nassau, State of New York. 19. That the collision was due solely to, and caused wholly by, the careless and negligent manner Defendants' in which owned, operated, maintained, managed, and controlled her vehicles, without the Plaintiff in any way contributing thereto. Defendants' 20. That because of carelessness and negligence, plaintiff MARTHA N. MENDOZA, was severely injured, bruised, and wounded, and Plaintiff suffered, still suffers, and will continue to suffer for some time, from physical pain and bodily injuries, and became sick, sore, lame, and disabled, and so remained for a considerable length of time. Defendants' 2I. That because of carelessness and negligence, plaintiff MARTHA N. MENDOZA, was compelled to seek, and did necessarily require, medical treatment and medicine, and did necessarily pay for, and/or become liable for, the cost of that medical treatment and medicine, and upon information and belief Plaintiff will necessarily incur similar expenses in the future. Defendants' 22. That because of carelessness and negligence, plaintiff MARTHA N. MENDOZA has been unable to attend to her usual occupation in the manner required. Defendants' 23. That because of carelessness and negligence, plaintiff MARTHA N. MENDOZA has sustained serious injuries as defined in Section 5102(d) of the Insurance Law of the State of New York, and has sustained economic loss greater than basic economic loss as defined in Section 5102 of the Insurance Law of the State of New York. 5 of 8 FILED: NASSAU COUNTY CLERK 01/12/2021 10:28 AM INDEX NO. 618235/2019 NYSCEF DOC.NO.NO.1 15 JYSCEF DOC. RECEIVED NYSCEF: RECEIVED 12/31/2019 NYSCEF: 01/12/2021 24. That one or more of the exceptions found in Section 1602 of the Civil Practice Law and Rules apply to this action, Defendants' 25, That because of carelessness and negligence, plaintiff MARTI IA N. MENDOZA sf ='-: -d damages in an amount that exceeds the jurisdictional limits of all lower Courts. WHEREFORE, Plaintiff seeks judgment against the Defendants in an amount that exceeds the jurisdictional limits of all lower courts, together with costs and disbursements in this action. Dated: Rosedale, New York December~, 2019 YAKOV MUSHIYFV 4 ASSOCIATES, P.C. Yn OVMUkll YIIVESQ. One Cross Island Plaza —Suite 325 Rosedale, New York 11422 (718) 775-3110 Attorneys for Plaint' 6 of 8 FILED: NASSAU COUNTY CLERK 01/12/2021 10:28 AM INDEX NO. 618235/2019 IYSCEF NYSCEF DOC.NO.NO.1 15 DOC. RECEIVED NYSCEF: RECEIVED12/31/2019 NYSCEF: 01/12/2021 ATTORNEY VERIFICATION YAKOV MUSHIYEV, an attorney admitted to practice law before the Courts of the State of New York, and associated with the firm of YAKOV MUSHIYEV & ASSOCIATES, P.C., attorneys for Plaintiff MARTHAN. MENDOZA, hereby affirms the following: That I have read the foregoing SUMMONS & VERIFIED COMPLAINT and know the contents thereof, that the same is true to my own knowledge except as to hose matters which are stated therein to be upon information and belief, and as to those matters, I believe them to be true. That the information contained therein was obtained based upon a review of Plaintiff's legal case file. That the reason this Verification is made by your Affirmant and not by Plaintiff is because the Plaintiff does not reside within Queens County, whe e YAKOV MUSH1YEV & ASSOCIATES, P.C., maintains its office. The undersigned affirms that the fo egoing statement is true under the penalties of perjury. Dated: Rosedale, New York December M, 2019 YA W MUSHIYEV, ESQ 7 of 8 FILED: NASSAU COUNTY CLERK 01/12/2021 10:28 AM INDEX NO. 618235/2019 IYSCEF DOC.NO.NO. NYSCEFDOC. 1 15 RECEIVED NYSCEF: RECEIVED12/31/2019 NYSCEF: 01/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _____________..________________________________......_________________ MARTHA N. MENDOZA, Plaintiff, -against- ASHOK K.UMAR, DEEPAK SHARMA, Defendants. ______. ___________................ ..............._________...____________ SUMMONS & VERIFIED COMPLAINT YAKOV MUSHIYEV & ASSOCIATES, P.C. One Cross Island Plaza - Suite 325 Rosedale, New York 11422 (718) 775-3110 Attorneys for Plaintif 8 of 8