Preview
FILED: QUEENS
QUEENS
COUNTY CLERK
COUNTY
CLERK 01/19
03/07/2022
/2 021.
05:13PE PM
0 4 : 11 l
1" INDEX "
"¹- NO. 701269/2021
2
FILED :
NYSCEF DOC. NO. 16 RECEIVED
ItSCRTVED
NYSCEF:
NVDCEF: 01/1
03/07/2022
NY.RCEF DOC. NO. I
SUPR EME COURT OF Trf ts $TATE OF NF,W YORK Index No.
-
COUNFY OF QURENS Date Purchased:
......-------- ---------------·.-- -X
SOWKA BARCACEL, SUM MONS
Plaintifidesignates QUtiBNS
PlaintifRs),
Courdy as the place of trial.
-againsb
The basis of Ycpue is:
FREITAS MARCOS, Locat.ion of the Accidern
Plaintiff resides at:
Defendant(s)
.....-----___ ______................------------- -X 29 Street
Elolly
Yonkers, NY 1 0704
County of Westchesr.er
To the above-named Defendants:
You are sumznooed to answer the complaint in th s action_, and to serve a copy of
hereby
your if the complaint is o01 served with this suo znora, toserve a notice of
answer, or,
appearance on the Plaintiff's within twenty days after the service of this summon-s
attorney(s)
exclusive o f the of service, where service is made di Jiver / upon you personally within
day by
the state, or, within 30 days after completion oF service whe re se yice is made in any other
rrjanner. In. case of your failure to appear or answer, judge mt w ill be taken against you by
defauk for the relief demanded in the cornplaint.
Dated: New York, NY
January 19, 2021
Yours, cic.
Bert Andrew Pittar , Esq.
GREF16TE N & MILBAUER, LLP
duorneyforRaint.V(s)
SOWKA BATCA2EL
1825 Park Av :nue
9th Floor
'
New York, N 10( 35
685-8$r 0
(212)
Our File No. 189%
TO: FREITAS MARCOS
3065 74th Street, 2nd floor
East Eho hurg NY 11370
FILED: QUEENS COUNTY CLERK
CLERK 01/151/2
03/07/2022 05:13 PM "MINDEX
WO- NO.
"269 701269/2021
FILED: ÇfBE5NS
NYSCEF DOC. NO. 16
Q21
COUNTY 04.: 11 Ô RECEIVED
RECEIVED
NYSCEF:
NYSMEP: 01/10/
03/07/2022
I
NY.GGF DOC,. NO. I
SUPREM£ COURT OF THE STA'lY OF NEW YORK
Date ased;
X
SOWKA BARCACEL
COMPLAINT
PlaintiRs),
-against-
FRElTAS MARCOS
Defendant(s).
SOWKA BARCAEL by her attorneys, G EE N8TEIN & MILBAU FA
Plaintiff,
of the alleges, n information and belief:
LLP, complaining Defendants, repectfally
1. At all time.s herein mentioned, Plaintiff SOWKA Alt MCEL was, and still is, a
resident of the County of Westchester, State ofN W i.
2. At all times 1erein mentioned, Defendant FREIT S N ARCOS was, and still is, a
resident ofthe ofQueens, Slate ofNew Y rk.
County
3, At ali times herein mentico¾ Defendant FREIT 1M ARCOS woe, and still is, a
maident of the County of Queens, State of New Y .
Defendant FREIT . S N ARCOS was the titled owner of
4. At aN times herein mentioned,
a 2013 motor vehicle bearingNew York State m strati on m mber T733676C
Defendant FRErr. LS W ARCOS wasthe owner of a
5. At all times hercirt r;ention¾
motor vehicle New York State regis ratio1mm1ber T733676C.
2013 bearing
AE all times herein mer Defendant FREITAS14 ARCOS operated the
6. tion¾
aforementioned motor vehicIc New Vork tate mgistrationnmober T733676C.
bearing
2
2 of 7
FILED: QUEENS COUNTY CLERK 01/1p/2021
03/07/202204 05:13 PM INDEX NO. 701269/2021
2O2 l
F.ELED: COUNTY : 11. PM CLERK
QUE5NS
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 03/07/2022
RECE[vrd J NYSCEF: 07/19/'2M:I
NYSCE'F DOC. NO. 1
7. At all times herein tnentioned, Defendent FREITA 9 MaRCOS managed the aforesaid
motor vehicle.
At all times herein DefmdantFRFJTA S lyl LRC08 rnaintained the
8. mentioned,
aforementioned motor vehicIc.
9. At all titnes herein mentiond Defendant FREIT S M kRCOS controlled the
aforementioned motor vehicle.
.
I.0. At all times herein Inentioned, Defendant FRETT S M COS repaired the
aforementioned motor vehicle.
I I. At all times berein nierstioned, Defendant FRETT / S M COS was the lessor of the
aforementioned motor vehicle.
11 At all times herein mentiond Defendant FREIT2 S M ARCOSwas the lessee of the
aforementioned motor vehicle. ...
he ein PlaintiffSOWKA ! RARCACEL was the operator of a
13. At all times mentioned,
2017 mome vehicle New York State regist ·ution munher JPE4665,
bearing
14. At all times herein mentioned at-or near Astoria B vd. a ad the estarwa ramp to
NY in the of Queens, State of N sw Yoriq wero public roadways,
1-278, Queens, County
streets and/or thoroughfares..
15. That on July 27, 2020, Defendant FREITAS MA 1C03 was operating and the wr of
the vehicle at the aforementioned Eocation.
Plaintiff SOWKA BARCnCEL was her motor vehicle
16. That on July 27, 2020, operating
at the aforementioned location.
3
] of 7
FILED: QUEENS COUNTY CLERK
CLERK 01/19/2
03/07/2022 05:13 PM INDEX NO. 701269/2021
ILED: QUEENS COUltrY 021 04 e 11 INDEX NO . 'RI I .! 6 9/ 2 02 I
P
NYSCEF
NYBCEF DOC.
ExX-- NO.
NG.
16
1
RECEIVED NYSCEF: 03/07/2022
EtECEIVED NYSC]R: g I / 15/20.! I
17. That on July 27, 2020, at the aforenicotioned locadon, the motor vehicle owned and
operated by Defendant FREf TAS MARCOS came ink contact with the motm vehicle
opeated by PlaürtifrSOWKA BARCACEL.
I87tat on July 2020.. at the aforementioned
27, I n, I efendant FREITAS MARCOS
observed PlaintitTs vehicle prior to contact the vehicles.
betweep
19. That as a result ofthe aforesaid contact, Plaintiff SOWB A RARCACEL was injtired.
20. That the aforesaid occurreocc was camed and
wholly soely by reason ofthe ngligence
ofthe Defendants without fault ornegligence the part of the
any Plaintiff ecn1ributing
thereto.
21. That Defendants were careless
negligent, and recki ss in the ownership, operation,
management, mainicounce, supervision, use and control ifthe aforesaid vehicIc and the
Defendants were otherwim negligent, carclcss and reck] ss under the circurnstances then
arml there preva.iling.
22.1*at by reason ofthe PlaintitTSOWEAbAE
foregoing, CACEL sustained severe and
perinanent personal and
injuries; PEmintiffSOWKA BAI CACEL was otf×wise
damaged.
23. That Plaintiffs0WKA BARCACEL sustained ser nus I mimies as def'med by §5IO2(d)
ofthe Insurance Law ofthe Slate of New Yort
24, That Plaintif SOWKA BARCACEL sustained serms i guries and econownic toss
greate than basic econonse loss as defined §S1 of
by Insumnce Law of the State
I
of New York.
25. That Plaintiff SOWKA BARCACEL is not seekin to a cover damages for which
any
Plaintifthas been reimbursed no-fault insurance ÿnd/o 'for
by which no-fault insurance
4
4 of 7
FILED: QUEENS COUNTY CLERK
CLERK 01/19/2
03/07/2022 05:13P PM INDEX NO. 701269/2021
ILED: QUEENS COUNTY 021 04 :11 isDex no. 7ou c 9 /20 1
NYSCEFF' DOC. NO. 16 RECEIVED NYSCEF: 03/07/2022
NYSCE 000 . No . 1 HECElveD · NYO.CEF O ! / ]9/2u.: J
is obligated to reimburse Plaintiff. P0liffis seek to recover damages
ag a dy those
not recoverab|c thmngh no-fault irmirance under the fhe s amf circumstances in this
action.
26. -mat Ehis action falls withinone or more of the eKef ptior s set forthin CPLR §1602,
includirag §1602 (6) end (7).
27. That by reason of the foregoing, Plaintif SOWKA RAF CACEL has been damaged in
a sum which exceeds the jurisdicEional limits of all lowe coHts which would otherwie
have jurisdiction.
WHEREFORE, Plaintifideotands jmlgment agairist tlu Defendants hereir4 in 8
sum exceeding the jurisdictional limits of all lower courts would otherwisc have
jurisdiction, together withthe costs and disbursements of t 9 ac:iort
Date& New York NY
January 19, 2021
Yours, etc.
Eart Amhew P sq.
GREENSTEiN & A liLRAUER, LLP
Attorney for Pidntz
SOWKA RAR)CE E.
1825 Park Avedle
9th Floor
New York, NY 003 s
(212) 685-8500
Our File No. I 8 72
S
FILED: QUEENS COUNTY
COUNTY CLERK
CLERK 01/19/2
03/07/2022 05:13PM PM " INDEX NO. 701269/2021
(FII D : QUEENS 021 0 4 t 11
NYSCEF DOC. NO. 16 RECEIVED
RPC'PIVRD
NYSCEF:
NYGCEF: 07
03/07/2022
NY.SCP DOC.. NO. 1
ATIORNEY'S VERIFICATION
BART A. an aftwncy edmitt x1 to practice before the
FITTANA, £$Q., duly
Courts of the State of New affirrns the following to bÆ true ander the penalties of
York,
perjury: I am an attorney atGREENSTEIN & MILBAU£k LLP, attomeys of ecord
for SOWKA BARCACEL. I have mad the anoc¶ed R agoing COMPLAINT
Plaintiff,
and know the contents the and the same are tme to my knon ledge, except those
cof,
matters therein which am stated to be alleged impon informa on a ul belief, and as o those
I believe them to be true. as to those matters t berein not stated upon
matters My beli.cE
is based upon records, and other pertinen info motion contained in my
knowlex1ge, facts,
files.
This verification is made me because is/are not pr sently in dm county
by PlaintifRs)
wherein ] maintaio my offices.
DATED: New York NY
January 19, 2021
Bart Andrew Pittari, E
6 of 7
FILED: QUEENS CGDNTY
COUNTY CLERK
CLERK 03/07/2022 05:13P PM WDPINDEX mN/20
NO. NO. 701269/2021
FILE D: QUEENS 19/2 021 04 :11 01/
NYSCEF DOC. NO. 16 RECEIVED
RECHIVED
NYSCEF:
NVRf:RF: 03/07/2022
O /1EI/;'rl; :
Nyacer Sc. No, 1
CERTTFICATION
Pursuam to 22 NYCRR the undersign4 an attome y dul y admitted to practice in
130-1.1,
of NewYork artifies upoo infounation and Ibelief and reasonable inquiry,
the Courts Sme, that,
SUMMONS AND COMPLAl NT are not Erivolous-
the contentions contained in the annexed
Dated: NEW YORK, NY
January 19, 2021
Yours, etc.
Bart Andrew Pittri Esq.
GREENSTEIN a M7LanUER, LLP
Anorney for N sidif (s)
SOWKA BARCAQ L
I825 PS-tk Avenue
9Eh Floor
New York, NY 10035
(212) 685-8500
Our FileNo; IGN
FILED: QUEENS COUNTY CLERK 03/07/2022 05:13 PM INDEX NO. 701269/2021
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 03/07/2022
5UPREME COUFtT DF THE STATE OF NEW YORK
COUNTY OF oUE1DE
UOWKA BA'. CACEL
PlaintifI/Petitioner,
- against - Indeix Nc. mi26s f2021
PHR f TAS MARCos
Defendant/Respondent.
x
NOTICE OF EL.ECTRONIC Fil-ING
NOTICE that matter captioned ha-s been commenced as an
PLEASE TAKE the abovp
in the New York State Courts Electronie Fili System ("NY$CEF") as
electronically filed case is
Uniforrn Rule e ectronic filing). This notice
required by CPL R § 2111 and § 202.5-bb (mandattry
is being served as required that rule. I
by
for the of documentb wit 1 the Clerk and the
NYSCEF is designed electronic filing County
electronic service of those documents. court docume 7ts, and court notices upon
court and for the
counsel and unrepresented litig ants who have consented to electroni. filing,
offers significant benefits forattorneys andiitigrats, permitting papers to be
Electronic filing
Clerk and the murt arid served on other partie:. simply, conveniently, and
filed with the County
NYSCEF case documents are filed with the CIqrk and the court by filing on the
quickly. County
which be dorte Lime of the or r ght t n any of the week. The
NYSCEF Website, can at aoy day day
on ali cortsenting e-lilersas sooÀ 4 s the documentisuploaded
documents are served automatically
which sends out an immediate email notification of thE filing.
to the website,
NYSCEF System charges no fees for filing, serving, or v swing the electronic case
The
it charge fees to print filed documents. Non 1a1 filing fees must be paid,
record, nor does any any
but this can be done on-hine.
Parties represented an attorney: Ari represÆntin g a party who is served with
by attorney
eithor: record his or her representation within the e-filed matter on
this notice must 1) immediately
NYSCEF or file the Notice of Opt-Out form with the clprk G the court where this action
the site; 2)
are limited10 attorbeys in good faith that
is pending. Exemptions frorn mandatory e-filing whocertify
theylack computerhardware and/orscannerand/or intemet abnne dion or that they lack (along
the
with all employees subject to their the operational k owk dge to comp[y with e-filing
direction)
requirements. [Section 202.5-bb(e))
Page 1 of 2 EFM-1
FILED: QUEENS COUNTY CLERK 03/07/2022 05:13 PM INDEX NO. 701269/2021
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 03/07/2022
Parties not epresented an attorney: e-
by Unrepresented lith lants are exernpt from
filing. They can serve and file documents in paper form and rnÿst b 3 served with documents
in paper fornt However, an unrepresented litigant rnay participa e in --filing.
For information on how to participate in e-filing, unrepreserited litigants sh
Preview
FILED: QUEENS QUEENS COUNTY CLERK COUNTY CLERK 01/19 03/07/2022 /2 021. 05:13PE PM 0 4 : 11 l 1" INDEX " "¹- NO. 701269/2021 2 FILED : NYSCEF DOC. NO. 16 RECEIVED ItSCRTVED NYSCEF: NVDCEF: 01/1 03/07/2022 NY.RCEF DOC. NO. I SUPR EME COURT OF Trf ts $TATE OF NF,W YORK Index No. - COUNFY OF QURENS Date Purchased: ......-------- ---------------·.-- -X SOWKA BARCACEL, SUM MONS Plaintifidesignates QUtiBNS PlaintifRs), Courdy as the place of trial. -againsb The basis of Ycpue is: FREITAS MARCOS, Locat.ion of the Accidern Plaintiff resides at: Defendant(s) .....-----___ ______................------------- -X 29 Street Elolly Yonkers, NY 1 0704 County of Westchesr.er To the above-named Defendants: You are sumznooed to answer the complaint in th s action_, and to serve a copy of hereby your if the complaint is o01 served with this suo znora, toserve a notice of answer, or, appearance on the Plaintiff's within twenty days after the service of this summon-s attorney(s) exclusive o f the of service, where service is made di Jiver / upon you personally within day by the state, or, within 30 days after completion oF service whe re se yice is made in any other rrjanner. In. case of your failure to appear or answer, judge mt w ill be taken against you by defauk for the relief demanded in the cornplaint. Dated: New York, NY January 19, 2021 Yours, cic. Bert Andrew Pittar , Esq. GREF16TE N & MILBAUER, LLP duorneyforRaint.V(s) SOWKA BATCA2EL 1825 Park Av :nue 9th Floor ' New York, N 10( 35 685-8$r 0 (212) Our File No. 189% TO: FREITAS MARCOS 3065 74th Street, 2nd floor East Eho hurg NY 11370 FILED: QUEENS COUNTY CLERK CLERK 01/151/2 03/07/2022 05:13 PM "MINDEX WO- NO. "269 701269/2021 FILED: ÇfBE5NS NYSCEF DOC. NO. 16 Q21 COUNTY 04.: 11 Ô RECEIVED RECEIVED NYSCEF: NYSMEP: 01/10/ 03/07/2022 I NY.GGF DOC,. NO. I SUPREM£ COURT OF THE STA'lY OF NEW YORK Date ased; X SOWKA BARCACEL COMPLAINT PlaintiRs), -against- FRElTAS MARCOS Defendant(s). SOWKA BARCAEL by her attorneys, G EE N8TEIN & MILBAU FA Plaintiff, of the alleges, n information and belief: LLP, complaining Defendants, repectfally 1. At all time.s herein mentioned, Plaintiff SOWKA Alt MCEL was, and still is, a resident of the County of Westchester, State ofN W i. 2. At all times 1erein mentioned, Defendant FREIT S N ARCOS was, and still is, a resident ofthe ofQueens, Slate ofNew Y rk. County 3, At ali times herein mentico¾ Defendant FREIT 1M ARCOS woe, and still is, a maident of the County of Queens, State of New Y . Defendant FREIT . S N ARCOS was the titled owner of 4. At aN times herein mentioned, a 2013 motor vehicle bearingNew York State m strati on m mber T733676C Defendant FRErr. LS W ARCOS wasthe owner of a 5. At all times hercirt r;ention¾ motor vehicle New York State regis ratio1mm1ber T733676C. 2013 bearing AE all times herein mer Defendant FREITAS14 ARCOS operated the 6. tion¾ aforementioned motor vehicIc New Vork tate mgistrationnmober T733676C. bearing 2 2 of 7 FILED: QUEENS COUNTY CLERK 01/1p/2021 03/07/202204 05:13 PM INDEX NO. 701269/2021 2O2 l F.ELED: COUNTY : 11. PM CLERK QUE5NS NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 03/07/2022 RECE[vrd J NYSCEF: 07/19/'2M:I NYSCE'F DOC. NO. 1 7. At all times herein tnentioned, Defendent FREITA 9 MaRCOS managed the aforesaid motor vehicle. At all times herein DefmdantFRFJTA S lyl LRC08 rnaintained the 8. mentioned, aforementioned motor vehicIc. 9. At all titnes herein mentiond Defendant FREIT S M kRCOS controlled the aforementioned motor vehicle. . I.0. At all times herein Inentioned, Defendant FRETT S M COS repaired the aforementioned motor vehicle. I I. At all times berein nierstioned, Defendant FRETT / S M COS was the lessor of the aforementioned motor vehicle. 11 At all times herein mentiond Defendant FREIT2 S M ARCOSwas the lessee of the aforementioned motor vehicle. ... he ein PlaintiffSOWKA ! RARCACEL was the operator of a 13. At all times mentioned, 2017 mome vehicle New York State regist ·ution munher JPE4665, bearing 14. At all times herein mentioned at-or near Astoria B vd. a ad the estarwa ramp to NY in the of Queens, State of N sw Yoriq wero public roadways, 1-278, Queens, County streets and/or thoroughfares.. 15. That on July 27, 2020, Defendant FREITAS MA 1C03 was operating and the wr of the vehicle at the aforementioned Eocation. Plaintiff SOWKA BARCnCEL was her motor vehicle 16. That on July 27, 2020, operating at the aforementioned location. 3 ] of 7 FILED: QUEENS COUNTY CLERK CLERK 01/19/2 03/07/2022 05:13 PM INDEX NO. 701269/2021 ILED: QUEENS COUltrY 021 04 e 11 INDEX NO . 'RI I .! 6 9/ 2 02 I P NYSCEF NYBCEF DOC. ExX-- NO. NG. 16 1 RECEIVED NYSCEF: 03/07/2022 EtECEIVED NYSC]R: g I / 15/20.! I 17. That on July 27, 2020, at the aforenicotioned locadon, the motor vehicle owned and operated by Defendant FREf TAS MARCOS came ink contact with the motm vehicle opeated by PlaürtifrSOWKA BARCACEL. I87tat on July 2020.. at the aforementioned 27, I n, I efendant FREITAS MARCOS observed PlaintitTs vehicle prior to contact the vehicles. betweep 19. That as a result ofthe aforesaid contact, Plaintiff SOWB A RARCACEL was injtired. 20. That the aforesaid occurreocc was camed and wholly soely by reason ofthe ngligence ofthe Defendants without fault ornegligence the part of the any Plaintiff ecn1ributing thereto. 21. That Defendants were careless negligent, and recki ss in the ownership, operation, management, mainicounce, supervision, use and control ifthe aforesaid vehicIc and the Defendants were otherwim negligent, carclcss and reck] ss under the circurnstances then arml there preva.iling. 22.1*at by reason ofthe PlaintitTSOWEAbAE foregoing, CACEL sustained severe and perinanent personal and injuries; PEmintiffSOWKA BAI CACEL was otf×wise damaged. 23. That Plaintiffs0WKA BARCACEL sustained ser nus I mimies as def'med by §5IO2(d) ofthe Insurance Law ofthe Slate of New Yort 24, That Plaintif SOWKA BARCACEL sustained serms i guries and econownic toss greate than basic econonse loss as defined §S1 of by Insumnce Law of the State I of New York. 25. That Plaintiff SOWKA BARCACEL is not seekin to a cover damages for which any Plaintifthas been reimbursed no-fault insurance ÿnd/o 'for by which no-fault insurance 4 4 of 7 FILED: QUEENS COUNTY CLERK CLERK 01/19/2 03/07/2022 05:13P PM INDEX NO. 701269/2021 ILED: QUEENS COUNTY 021 04 :11 isDex no. 7ou c 9 /20 1 NYSCEFF' DOC. NO. 16 RECEIVED NYSCEF: 03/07/2022 NYSCE 000 . No . 1 HECElveD · NYO.CEF O ! / ]9/2u.: J is obligated to reimburse Plaintiff. P0liffis seek to recover damages ag a dy those not recoverab|c thmngh no-fault irmirance under the fhe s amf circumstances in this action. 26. -mat Ehis action falls withinone or more of the eKef ptior s set forthin CPLR §1602, includirag §1602 (6) end (7). 27. That by reason of the foregoing, Plaintif SOWKA RAF CACEL has been damaged in a sum which exceeds the jurisdicEional limits of all lowe coHts which would otherwie have jurisdiction. WHEREFORE, Plaintifideotands jmlgment agairist tlu Defendants hereir4 in 8 sum exceeding the jurisdictional limits of all lower courts would otherwisc have jurisdiction, together withthe costs and disbursements of t 9 ac:iort Date& New York NY January 19, 2021 Yours, etc. Eart Amhew P sq. GREENSTEiN & A liLRAUER, LLP Attorney for Pidntz SOWKA RAR)CE E. 1825 Park Avedle 9th Floor New York, NY 003 s (212) 685-8500 Our File No. I 8 72 S FILED: QUEENS COUNTY COUNTY CLERK CLERK 01/19/2 03/07/2022 05:13PM PM " INDEX NO. 701269/2021 (FII D : QUEENS 021 0 4 t 11 NYSCEF DOC. NO. 16 RECEIVED RPC'PIVRD NYSCEF: NYGCEF: 07 03/07/2022 NY.SCP DOC.. NO. 1 ATIORNEY'S VERIFICATION BART A. an aftwncy edmitt x1 to practice before the FITTANA, £$Q., duly Courts of the State of New affirrns the following to bÆ true ander the penalties of York, perjury: I am an attorney atGREENSTEIN & MILBAU£k LLP, attomeys of ecord for SOWKA BARCACEL. I have mad the anoc¶ed R agoing COMPLAINT Plaintiff, and know the contents the and the same are tme to my knon ledge, except those cof, matters therein which am stated to be alleged impon informa on a ul belief, and as o those I believe them to be true. as to those matters t berein not stated upon matters My beli.cE is based upon records, and other pertinen info motion contained in my knowlex1ge, facts, files. This verification is made me because is/are not pr sently in dm county by PlaintifRs) wherein ] maintaio my offices. DATED: New York NY January 19, 2021 Bart Andrew Pittari, E 6 of 7 FILED: QUEENS CGDNTY COUNTY CLERK CLERK 03/07/2022 05:13P PM WDPINDEX mN/20 NO. NO. 701269/2021 FILE D: QUEENS 19/2 021 04 :11 01/ NYSCEF DOC. NO. 16 RECEIVED RECHIVED NYSCEF: NVRf:RF: 03/07/2022 O /1EI/;'rl; : Nyacer Sc. No, 1 CERTTFICATION Pursuam to 22 NYCRR the undersign4 an attome y dul y admitted to practice in 130-1.1, of NewYork artifies upoo infounation and Ibelief and reasonable inquiry, the Courts Sme, that, SUMMONS AND COMPLAl NT are not Erivolous- the contentions contained in the annexed Dated: NEW YORK, NY January 19, 2021 Yours, etc. Bart Andrew Pittri Esq. GREENSTEIN a M7LanUER, LLP Anorney for N sidif (s) SOWKA BARCAQ L I825 PS-tk Avenue 9Eh Floor New York, NY 10035 (212) 685-8500 Our FileNo; IGN FILED: QUEENS COUNTY CLERK 03/07/2022 05:13 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 03/07/2022 5UPREME COUFtT DF THE STATE OF NEW YORK COUNTY OF oUE1DE UOWKA BA'. CACEL PlaintifI/Petitioner, - against - Indeix Nc. mi26s f2021 PHR f TAS MARCos Defendant/Respondent. x NOTICE OF EL.ECTRONIC Fil-ING NOTICE that matter captioned ha-s been commenced as an PLEASE TAKE the abovp in the New York State Courts Electronie Fili System ("NY$CEF") as electronically filed case is Uniforrn Rule e ectronic filing). This notice required by CPL R § 2111 and § 202.5-bb (mandattry is being served as required that rule. I by for the of documentb wit 1 the Clerk and the NYSCEF is designed electronic filing County electronic service of those documents. court docume 7ts, and court notices upon court and for the counsel and unrepresented litig ants who have consented to electroni. filing, offers significant benefits forattorneys andiitigrats, permitting papers to be Electronic filing Clerk and the murt arid served on other partie:. simply, conveniently, and filed with the County NYSCEF case documents are filed with the CIqrk and the court by filing on the quickly. County which be dorte Lime of the or r ght t n any of the week. The NYSCEF Website, can at aoy day day on ali cortsenting e-lilersas sooÀ 4 s the documentisuploaded documents are served automatically which sends out an immediate email notification of thE filing. to the website, NYSCEF System charges no fees for filing, serving, or v swing the electronic case The it charge fees to print filed documents. Non 1a1 filing fees must be paid, record, nor does any any but this can be done on-hine. Parties represented an attorney: Ari represÆntin g a party who is served with by attorney eithor: record his or her representation within the e-filed matter on this notice must 1) immediately NYSCEF or file the Notice of Opt-Out form with the clprk G the court where this action the site; 2) are limited10 attorbeys in good faith that is pending. Exemptions frorn mandatory e-filing whocertify theylack computerhardware and/orscannerand/or intemet abnne dion or that they lack (along the with all employees subject to their the operational k owk dge to comp[y with e-filing direction) requirements. [Section 202.5-bb(e)) Page 1 of 2 EFM-1 FILED: QUEENS COUNTY CLERK 03/07/2022 05:13 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 03/07/2022 Parties not epresented an attorney: e- by Unrepresented lith lants are exernpt from filing. They can serve and file documents in paper form and rnÿst b 3 served with documents in paper fornt However, an unrepresented litigant rnay participa e in --filing. For information on how to participate in e-filing, unrepreserited litigants sh