Preview
FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024
EXHIBIT A
FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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PATRICK DINKO Index No.:
Plaintiff,
SUMMONS
-against-
Plaintiff designated Nassau
ANDREA CHRISTINA DINKO County as the place of trial.
The basis of venue is the
residence of the Defendant
and that the subject of events
Defendant. occurred in Nassau County.
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TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer on Plaintiffs’ attorneys within twenty (20) days after the service of this
summons, exclusive of the date of service, or within thirty (30) days after service is complete if
this summons is not personally served 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
herein.
Dated: September 13, 2023
Valley Stream, NY
By: /s/ Masood Syed
Masood Syed, Esq.
Law Firm of Masood Syed, P.C.
Attorney for Plaintiff
475 West Merrick Road, Suite 105
Valley Stream, NY 11580
(516) 962-9574
TO: ANDREA CHRISTINA DINKO
104 High Street
Montclair, NJ 07042
ANDREA CHRISTINA DINKO
1122 Aurelia Court
Valley Stream, NY 11580
FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
PATRICK DINKO Index No.:
Plaintiff,
-against- VERIFIED COMPLAINT
ANDREA CHRISTINA DINKO
Defendant.
Plaintiff, PATRICK DINKO, through their attorney, LAW FIRM OF MASOOD
SYED, P.C., respectfully allege as follows:
NATURE OF THIS ACTION
1. This is an action for declaratory relief as well as recovery for damages
stemming from the wrongful acts by Defendant ANDREA CHRISTINA DINKO, and others,
with respect to their attempted theft of property of Plaintiff PATRICK DINKO (“Plaintiff”),
bad faith, and their colluded efforts to strip Plaintiffs of their assets and reputation.
2. Plaintiff, sometimes referred herein as “Patrick Dinko or “Mr. Dinko,” is the
son of defendant, Andrea Christina Dinko, sometimes referred herein as “Andrea Dinko” or
“Ms. Dinko”.
3. This action arises out of Defendant’s mismanagement and misappropriation of
Plaintiff’s assets, her breach of fiduciary duty, and other malfeasance.
4. The defendant, ANDREA CHRISTINA DINKO is the mother of the plaintiff
PATRICK DINKO
5. Since at least August 2022, Defendant has engaged in a calculated agenda, to
withhold Plaintiff’s property and actively use the resources stolen.
FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024
6. Plaintiffs bring this action against ANDREA CHRISTINA DINKO (Defendant)
seeking, inter alia, an Order of this Court regarding Defendant’s breach of fiduciary duty to
Plaintiff, conversion, among other wrongdoings. Plaintiffs also seek to recover for damages
resulting from Defendant’s conduct including Defendant’s ongoing withholding of funds
against Plaintiff.
PARTIES
7. Patrick Dinko is a resident of Nassau County.
8. Andrea Christina Dinko, upon information and belief, is a current resident of the
County of Nassau, State of New York.
9. Andrea Christina Dinko is the mother of Patrick Dinko
10. Defendant, upon information and belief, was at all times relevant, an
account holder for Plaintiff.
VENUE AND JURISDICTION
11. The events giving rise to this action involve misconduct and other malfeasance
of Andrea Christina Dinko.
12. Venue in the Supreme Court of the State of New York, County of Nassau, is
proper because Defendant resides within the County of Nassau, and Plaintiff currently resides
in the county of Nassau.
13. The amount of damages suffered by Plaintiff exceeds the jurisdictional limits of
all lower courts that would otherwise have jurisdiction of this matter.
BACKGROUND
14. PATRICK DINKO is a young man who uses a motorcycle as his means of
FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024
transportation.
15. On or about September 14, 2021, Plaintiff was involved in a motor vehicle
accident while on his motorcycle and was rushed to the emergency room where he remained
hospitalized for two (2) days. Plaintiff sustained severe injuries and required surgery in the
upcoming weeks.
16. On or about late September 2021, Plaintiff completed his surgery and was
referred to physical therapy.
17. Immediately following the accident, Plaintiff was unable to use his left arm,
resulting in decreased daily activities, inability to work, and loss of employment.
18. On October 6, 2021, Plaintiff commenced a lawsuit against the driver.
19. On August 3, 2022, Plaintiff received a settlement check from his attorney in
the amount of $129,166.98.
20. Plaintiff was unable to deposit the check into his account as he did not have an
active bank account. After trying many times, Plaintiff was informed by the bank that the bank
would not open an account under his name due to previous overdraft fees.
21. On August 9, 2022, upon information and belief, Defendant ANDREA
CHRISTINA DINKO and Plaintiff PATRICK DINKO visited Bank of America in Lynbrook,
Long Island.
22. On or about August 9, 2022, upon information and belief, Plaintiff entered into
a verbal and written agreement with Defendant to deposit the check into Defendant’s bank
account.
23. Upon information and belief, the agreement between Plaintiff and Defendant
stated Plaintiff was to receive the full amount of $129,166.98 from Defendant’s bank account
FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024
once the check cleared.
24. On August 24, 2022, the Settlement Check cleared for credit advancement in
the amount of $5,525.00.
25. On or about August 29, 2022, upon information and belief, the remaining
amount of $123,641.98 cleared in Defendant’s bank account.
26. On or about August 29, 2022, Plaintiff requested the full settlement amount of
$129,166.98 from Defendant, but Defendant refused to give the money to Plaintiff.
27. On or about November 18, 2022, after requesting the return of his money,
Defendant gave Plaintiff $5,000.00.
28. Plaintiff has consistently attempted to contact Defendant for the remainder of
the settlement check amount.
29. Upon information and belief, Defendant has evaded communication with
Plaintiff on this matter by blocking his phone number.
30. Upon information and belief, Defendant is continuing to deny Plaintiff the
remaining amount.
31. Upon information and belief, Plaintiff has incurred substantial damages as a
result of Defendant’s misconduct and malfeasance.
32. Upon information and belief, Plaintiff is unable to pay doctors, surgeons and
other medical personnel for his ongoing treatment that’s required due to his accident as a result
of Defendant’s misconduct and malfeasance.
33. Upon information and belief, Plaintiff is unable to afford necessary surgeries as
a result of Defendant’s misconduct and malfeasance.
34. Until this day, Plaintiff continues to request the money that is rightfully his and
FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024
until this day, the Defendant refuses to return the money to the Plaintiff.
FIRST CAUSE OF ACTION:
BREACH OF FIDUCIARY DUTY
35. Plaintiffs repeat and reallege each and every allegation contained in the
previous paragraphs as if fully stated herein.
36. A claim for breach of fiduciary duty under New York law requires three
elements:
(i) the existence of a fiduciary relationship between the parties;
(ii) a breach of that fiduciary duty; and
(iii) damages directly caused by that breach.
37. The causation of the damages must be direct.
38. ANDREA CHRISTINA DINKO is the mother of Plaintiff, PATRICK DINKO,
and entered into a verbal and written agreement with Plaintiff regarding the deposit of and
immediate return of the settlement check fund that Plaintiff received.
39. Defendant promised and agreed to return the funds to Plaintiff immediately
after the check had cleared and the funds became available for withdrawal.
40. Despite making this promise and agreement, Defendant willfully and without
any reason failed to return Plaintiff’s settlement proceeds.
41. Defendant therefore held a fiduciary relationship with the Plaintiff.
42. In the alternative, Defendant was entrusted by the Plaintiff with capacity to
contract, hold funds, and communicate on behalf of the Plaintiff, thus establishing a
relationship and fiduciary duty to Plaintiff.
43. Defendant breached her fiduciary duty by violating the terms of the verbal and
FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024
written agreement between Defendant and Plaintiff.
44. Defendant breached her fiduciary duty by failing to return the remaining
balance of the accident settlement amount to Plaintiff when the check cleared and the funds
became available in her bank account.
45. Defendant breached her duty by evading all communication regarding
settlement check with Plaintiff after the check cleared and the funds became available in her
bank account.
46. Defendant is the only one who has access to the bank account holding the
settlement check.
47. Plaintiff, incurred substantial financial damages and continues to incur damages
and deterioration of physical and mental health as a direct result of Defendant’s refusal to return
the full settlement amount to Plaintiff.
48. Defendant is the direct cause of Plaintiff’s inability to afford essential and
necessary medical attention for his ongoing treatment stemming from his motorcycle accident.
49. Defendant is the direct cause of Plaintiff’s inability to receive necessary
medical surgeries.
50. The damages resulting from the damages incurred by Plaintiff amount to no
less than 129,166.98.
SECOND CAUSE OF ACTION:
CONVERSION
51. Plaintiffs repeat and reallege each and every allegation contained in the
previous paragraphs as if fully stated herein.
52. The elements of a cause of action in conversion are:
FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024
(i) the plaintiff's right to possession,
(ii) intent of the defendant, and
(iii) defendant's interference with plaintiff's property rights to the
exclusion of plaintiff's rights.
53. At all times the settlement check was the property of Plaintiff.
54. Defendant, pursuant to a written and verbal agreement with Plaintiff transferred
the funds to Defendant’s personal bank account and Defendant agreed to return the funds to
Plaintiff immediately after the check cleared the account and the funds became available for
withdrawal.
55. Defendant, did at no time have a right to withhold funds from the settlement and
never had a right to use it for her own self-dealing.
56. Defendant, pursuant to the verbal and written agreement, have no right to
withhold funds from the settlement and never had a right to use it for her own self-dealing.
57. Defendant indicated on multiple occasions that she would not return the funds
to Plaintiff.
58. Until this day, Defendant has not returned the funds to Plaintiff, despite
Plaintiff’s request.
59. Defendant has thus excluded Plaintiff from exercising his rights over the use of
his settlement funds.
60. Therefore, Plaintiffs demand damages in the amount of $129,166.98, the full
amount of the settlement Plaintiff was supposed to receive from Defendant.
61. Additionally, and because the conversion was done by Defendant with wanton,
willful or malicious conduct, deliberately with knowledge of the plaintiff's rights and with intent
to interfere with those rights, because she knew she had no right withhold the settlement funds, yet did
FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024
it anyway, Plaintiffs demand punitive damages in the amount that the court deems proper, and interest
required by law.
THIRD CAUSE OF ACTION:
UNJUST ENRICHMENT
62. Plaintiff repeats and re-alleges the allegations contained in Paragraphs 1-61,
above, with the same force and effect as fully set forth at length herein.
63. Plaintiff, in good faith, deposited the settlement check in Defendant’s bank
account under a verbal agreement which Defendant has failed to uphold.
64. Defendant has retained the payment and has failed and refused to uphold the
requirements of the verbal agreement.
65. Defendant’s wrongful actions have unjustly enriched her at Plaintiff’s expense.
66. Defendant has direct knowledge that her enrichment came at Plaintiff’s
expense.
67. It would be unjust and inequitable to allow Defendant to benefit in this manner
while retaining the amount of the Settlement Check which was due to the Plaintiff.
68. By reason of the foregoing, Defendant has been unjustly enriched and Plaintiff
has suffered damages in an amount to be determined by the court no less than $129,166.98,
plus interest, costs, and reasonable attorneys' fees.
WHEREFORE, Plaintiffs respectfully request that this Court issue and enter an Order:
a. Requiring Defendant to pay to Plaintiffs an amount to be determined at trial for
each and every claim and cause of action for relief, plus reasonable statutory interest
and post-judgment interest; but not less than $129,166.98.
FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024
b. Punitive damages due to the bad faith and malice demonstrated by the Defendants
in the amount the court deems proper and required by law.
c. An award of costs, interest, attorney's fees, and disbursements in this action;
d. An award in the amount of $6,000.00 for legal costs and attorney’s fees incurred by
the Plaintiff.
e. Granting such further relief as the court deems just and proper in favor of the Plaintiff.
Dated: September 13, 2023
Valley Stream, NY
By: /s/ Masood Syed
Masood Syed, Esq.
Law Firm of Masood Syed, P.C.
Attorney for Plaintiff
475 West Merrick Road, Suite 105
Valley Stream, NY 11580
(516) 962-9574
TO: ANDREA CHRISTINA DINKO
104 High Street
Montclair, NJ 07042
ANDREA CHRISTINA DINKO
1122 Aurelia Court
Valley Stream, NY 11580
FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024
WARNING TO RESPONDENTS: If you are dependent upon a person in the military
service of the United States, advise the Clerk of this Court to immediately protect your
rights.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-------------------------------------------------------------X Index No.:
PATRICK DINKO
Plaintiff,
-against-
ANDREA CHRISTINA DINKO
Defendant.
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NOTICE OF ELECTRONIC FILING
(Consensual Case) (Uniform Rule §208.4-a)
You have received this Notice because:
The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New
York State Courts e-filing system, and
You are a Defendant/Respondent (a party) in this case.
If you are represented by an attorney: give this Notice to your attorney (Attorneys: see
"Information for Attorneys" pg. 2).
If you are not represented by an attorney: you are not required to e-file. You may serve
and file documents in paper form and you must be served with documents in paper form.
However, as a party without an attorney, you may participate in e-filing.
Benefits of E-Filing: You can: serve and file your documents electronically; view your case file
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additional fees to file, view, or print your case records. To sign up for e-filing or for more
information about how e-filing works, you may: visit: www.nvcourts.aov/efileunrepresented or
go to the Help Center or Clerk's Office at the court where the case was filed. To find legal
information to help you represent yourself visit www nycourthelp.gov.
Information for Attorneys
An attorney representing a party who is served with this notice must either consent or decline
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Attorneys registered with NYSCEF may record their consent electronically in the manner
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participate in e-filing must first create a NYSCEF account and obtain a user ID and password
prior to recording their consent by going to www.nycourts.gov/efile.
FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024
Attorneys declining to consent must file with the court and serve on all parties of record a
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For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone:
646-386-3033; e-mail: nyscef@nycourts.gov).
Dated: September 13, 2023
Valley Stream, NY
/s/ Masood Syed
Masood Syed, Esq.
LAW FIRM OF MASOOD SYED, P.C.
Attorney for Plaintiff
475 West Merrick Road, Suite 105
Valley Stream, NY 11580
(516) 962-9574
TO: ANDREA CHRISTINA DINKO
104 High Street
Montclair, NJ 07042
ANDREA CHRISTINA DINKO
1122 Aurelia Court
Valley Stream, NY 11580
FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024
Preview
FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024 EXHIBIT A FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------------X PATRICK DINKO Index No.: Plaintiff, SUMMONS -against- Plaintiff designated Nassau ANDREA CHRISTINA DINKO County as the place of trial. The basis of venue is the residence of the Defendant and that the subject of events Defendant. occurred in Nassau County. -------------------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on Plaintiffs’ attorneys within twenty (20) days after the service of this summons, exclusive of the date of service, or within thirty (30) days after service is complete if this summons is not personally served 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 herein. Dated: September 13, 2023 Valley Stream, NY By: /s/ Masood Syed Masood Syed, Esq. Law Firm of Masood Syed, P.C. Attorney for Plaintiff 475 West Merrick Road, Suite 105 Valley Stream, NY 11580 (516) 962-9574 TO: ANDREA CHRISTINA DINKO 104 High Street Montclair, NJ 07042 ANDREA CHRISTINA DINKO 1122 Aurelia Court Valley Stream, NY 11580 FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU PATRICK DINKO Index No.: Plaintiff, -against- VERIFIED COMPLAINT ANDREA CHRISTINA DINKO Defendant. Plaintiff, PATRICK DINKO, through their attorney, LAW FIRM OF MASOOD SYED, P.C., respectfully allege as follows: NATURE OF THIS ACTION 1. This is an action for declaratory relief as well as recovery for damages stemming from the wrongful acts by Defendant ANDREA CHRISTINA DINKO, and others, with respect to their attempted theft of property of Plaintiff PATRICK DINKO (“Plaintiff”), bad faith, and their colluded efforts to strip Plaintiffs of their assets and reputation. 2. Plaintiff, sometimes referred herein as “Patrick Dinko or “Mr. Dinko,” is the son of defendant, Andrea Christina Dinko, sometimes referred herein as “Andrea Dinko” or “Ms. Dinko”. 3. This action arises out of Defendant’s mismanagement and misappropriation of Plaintiff’s assets, her breach of fiduciary duty, and other malfeasance. 4. The defendant, ANDREA CHRISTINA DINKO is the mother of the plaintiff PATRICK DINKO 5. Since at least August 2022, Defendant has engaged in a calculated agenda, to withhold Plaintiff’s property and actively use the resources stolen. FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024 6. Plaintiffs bring this action against ANDREA CHRISTINA DINKO (Defendant) seeking, inter alia, an Order of this Court regarding Defendant’s breach of fiduciary duty to Plaintiff, conversion, among other wrongdoings. Plaintiffs also seek to recover for damages resulting from Defendant’s conduct including Defendant’s ongoing withholding of funds against Plaintiff. PARTIES 7. Patrick Dinko is a resident of Nassau County. 8. Andrea Christina Dinko, upon information and belief, is a current resident of the County of Nassau, State of New York. 9. Andrea Christina Dinko is the mother of Patrick Dinko 10. Defendant, upon information and belief, was at all times relevant, an account holder for Plaintiff. VENUE AND JURISDICTION 11. The events giving rise to this action involve misconduct and other malfeasance of Andrea Christina Dinko. 12. Venue in the Supreme Court of the State of New York, County of Nassau, is proper because Defendant resides within the County of Nassau, and Plaintiff currently resides in the county of Nassau. 13. The amount of damages suffered by Plaintiff exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction of this matter. BACKGROUND 14. PATRICK DINKO is a young man who uses a motorcycle as his means of FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024 transportation. 15. On or about September 14, 2021, Plaintiff was involved in a motor vehicle accident while on his motorcycle and was rushed to the emergency room where he remained hospitalized for two (2) days. Plaintiff sustained severe injuries and required surgery in the upcoming weeks. 16. On or about late September 2021, Plaintiff completed his surgery and was referred to physical therapy. 17. Immediately following the accident, Plaintiff was unable to use his left arm, resulting in decreased daily activities, inability to work, and loss of employment. 18. On October 6, 2021, Plaintiff commenced a lawsuit against the driver. 19. On August 3, 2022, Plaintiff received a settlement check from his attorney in the amount of $129,166.98. 20. Plaintiff was unable to deposit the check into his account as he did not have an active bank account. After trying many times, Plaintiff was informed by the bank that the bank would not open an account under his name due to previous overdraft fees. 21. On August 9, 2022, upon information and belief, Defendant ANDREA CHRISTINA DINKO and Plaintiff PATRICK DINKO visited Bank of America in Lynbrook, Long Island. 22. On or about August 9, 2022, upon information and belief, Plaintiff entered into a verbal and written agreement with Defendant to deposit the check into Defendant’s bank account. 23. Upon information and belief, the agreement between Plaintiff and Defendant stated Plaintiff was to receive the full amount of $129,166.98 from Defendant’s bank account FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024 once the check cleared. 24. On August 24, 2022, the Settlement Check cleared for credit advancement in the amount of $5,525.00. 25. On or about August 29, 2022, upon information and belief, the remaining amount of $123,641.98 cleared in Defendant’s bank account. 26. On or about August 29, 2022, Plaintiff requested the full settlement amount of $129,166.98 from Defendant, but Defendant refused to give the money to Plaintiff. 27. On or about November 18, 2022, after requesting the return of his money, Defendant gave Plaintiff $5,000.00. 28. Plaintiff has consistently attempted to contact Defendant for the remainder of the settlement check amount. 29. Upon information and belief, Defendant has evaded communication with Plaintiff on this matter by blocking his phone number. 30. Upon information and belief, Defendant is continuing to deny Plaintiff the remaining amount. 31. Upon information and belief, Plaintiff has incurred substantial damages as a result of Defendant’s misconduct and malfeasance. 32. Upon information and belief, Plaintiff is unable to pay doctors, surgeons and other medical personnel for his ongoing treatment that’s required due to his accident as a result of Defendant’s misconduct and malfeasance. 33. Upon information and belief, Plaintiff is unable to afford necessary surgeries as a result of Defendant’s misconduct and malfeasance. 34. Until this day, Plaintiff continues to request the money that is rightfully his and FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024 until this day, the Defendant refuses to return the money to the Plaintiff. FIRST CAUSE OF ACTION: BREACH OF FIDUCIARY DUTY 35. Plaintiffs repeat and reallege each and every allegation contained in the previous paragraphs as if fully stated herein. 36. A claim for breach of fiduciary duty under New York law requires three elements: (i) the existence of a fiduciary relationship between the parties; (ii) a breach of that fiduciary duty; and (iii) damages directly caused by that breach. 37. The causation of the damages must be direct. 38. ANDREA CHRISTINA DINKO is the mother of Plaintiff, PATRICK DINKO, and entered into a verbal and written agreement with Plaintiff regarding the deposit of and immediate return of the settlement check fund that Plaintiff received. 39. Defendant promised and agreed to return the funds to Plaintiff immediately after the check had cleared and the funds became available for withdrawal. 40. Despite making this promise and agreement, Defendant willfully and without any reason failed to return Plaintiff’s settlement proceeds. 41. Defendant therefore held a fiduciary relationship with the Plaintiff. 42. In the alternative, Defendant was entrusted by the Plaintiff with capacity to contract, hold funds, and communicate on behalf of the Plaintiff, thus establishing a relationship and fiduciary duty to Plaintiff. 43. Defendant breached her fiduciary duty by violating the terms of the verbal and FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024 written agreement between Defendant and Plaintiff. 44. Defendant breached her fiduciary duty by failing to return the remaining balance of the accident settlement amount to Plaintiff when the check cleared and the funds became available in her bank account. 45. Defendant breached her duty by evading all communication regarding settlement check with Plaintiff after the check cleared and the funds became available in her bank account. 46. Defendant is the only one who has access to the bank account holding the settlement check. 47. Plaintiff, incurred substantial financial damages and continues to incur damages and deterioration of physical and mental health as a direct result of Defendant’s refusal to return the full settlement amount to Plaintiff. 48. Defendant is the direct cause of Plaintiff’s inability to afford essential and necessary medical attention for his ongoing treatment stemming from his motorcycle accident. 49. Defendant is the direct cause of Plaintiff’s inability to receive necessary medical surgeries. 50. The damages resulting from the damages incurred by Plaintiff amount to no less than 129,166.98. SECOND CAUSE OF ACTION: CONVERSION 51. Plaintiffs repeat and reallege each and every allegation contained in the previous paragraphs as if fully stated herein. 52. The elements of a cause of action in conversion are: FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024 (i) the plaintiff's right to possession, (ii) intent of the defendant, and (iii) defendant's interference with plaintiff's property rights to the exclusion of plaintiff's rights. 53. At all times the settlement check was the property of Plaintiff. 54. Defendant, pursuant to a written and verbal agreement with Plaintiff transferred the funds to Defendant’s personal bank account and Defendant agreed to return the funds to Plaintiff immediately after the check cleared the account and the funds became available for withdrawal. 55. Defendant, did at no time have a right to withhold funds from the settlement and never had a right to use it for her own self-dealing. 56. Defendant, pursuant to the verbal and written agreement, have no right to withhold funds from the settlement and never had a right to use it for her own self-dealing. 57. Defendant indicated on multiple occasions that she would not return the funds to Plaintiff. 58. Until this day, Defendant has not returned the funds to Plaintiff, despite Plaintiff’s request. 59. Defendant has thus excluded Plaintiff from exercising his rights over the use of his settlement funds. 60. Therefore, Plaintiffs demand damages in the amount of $129,166.98, the full amount of the settlement Plaintiff was supposed to receive from Defendant. 61. Additionally, and because the conversion was done by Defendant with wanton, willful or malicious conduct, deliberately with knowledge of the plaintiff's rights and with intent to interfere with those rights, because she knew she had no right withhold the settlement funds, yet did FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024 it anyway, Plaintiffs demand punitive damages in the amount that the court deems proper, and interest required by law. THIRD CAUSE OF ACTION: UNJUST ENRICHMENT 62. Plaintiff repeats and re-alleges the allegations contained in Paragraphs 1-61, above, with the same force and effect as fully set forth at length herein. 63. Plaintiff, in good faith, deposited the settlement check in Defendant’s bank account under a verbal agreement which Defendant has failed to uphold. 64. Defendant has retained the payment and has failed and refused to uphold the requirements of the verbal agreement. 65. Defendant’s wrongful actions have unjustly enriched her at Plaintiff’s expense. 66. Defendant has direct knowledge that her enrichment came at Plaintiff’s expense. 67. It would be unjust and inequitable to allow Defendant to benefit in this manner while retaining the amount of the Settlement Check which was due to the Plaintiff. 68. By reason of the foregoing, Defendant has been unjustly enriched and Plaintiff has suffered damages in an amount to be determined by the court no less than $129,166.98, plus interest, costs, and reasonable attorneys' fees. WHEREFORE, Plaintiffs respectfully request that this Court issue and enter an Order: a. Requiring Defendant to pay to Plaintiffs an amount to be determined at trial for each and every claim and cause of action for relief, plus reasonable statutory interest and post-judgment interest; but not less than $129,166.98. FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024 b. Punitive damages due to the bad faith and malice demonstrated by the Defendants in the amount the court deems proper and required by law. c. An award of costs, interest, attorney's fees, and disbursements in this action; d. An award in the amount of $6,000.00 for legal costs and attorney’s fees incurred by the Plaintiff. e. Granting such further relief as the court deems just and proper in favor of the Plaintiff. Dated: September 13, 2023 Valley Stream, NY By: /s/ Masood Syed Masood Syed, Esq. Law Firm of Masood Syed, P.C. Attorney for Plaintiff 475 West Merrick Road, Suite 105 Valley Stream, NY 11580 (516) 962-9574 TO: ANDREA CHRISTINA DINKO 104 High Street Montclair, NJ 07042 ANDREA CHRISTINA DINKO 1122 Aurelia Court Valley Stream, NY 11580 FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024 WARNING TO RESPONDENTS: If you are dependent upon a person in the military service of the United States, advise the Clerk of this Court to immediately protect your rights. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------X Index No.: PATRICK DINKO Plaintiff, -against- ANDREA CHRISTINA DINKO Defendant. -------------------------------------------------------------X NOTICE OF ELECTRONIC FILING (Consensual Case) (Uniform Rule §208.4-a) You have received this Notice because: The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts e-filing system, and You are a Defendant/Respondent (a party) in this case. If you are represented by an attorney: give this Notice to your attorney (Attorneys: see "Information for Attorneys" pg. 2). If you are not represented by an attorney: you are not required to e-file. You may serve and file documents in paper form and you must be served with documents in paper form. However, as a party without an attorney, you may participate in e-filing. Benefits of E-Filing: You can: serve and file your documents electronically; view your case file on-line; limit your number of trips to the courthouse; pay any court fees on-line. There are no additional fees to file, view, or print your case records. To sign up for e-filing or for more information about how e-filing works, you may: visit: www.nvcourts.aov/efileunrepresented or go to the Help Center or Clerk's Office at the court where the case was filed. To find legal information to help you represent yourself visit www nycourthelp.gov. Information for Attorneys An attorney representing a party who is served with this notice must either consent or decline consent to electronic filing and service through NYSCEF for this case. Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing must first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to www.nycourts.gov/efile. FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024 Attorneys declining to consent must file with the court and serve on all parties of record a declination of consent. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: nyscef@nycourts.gov). Dated: September 13, 2023 Valley Stream, NY /s/ Masood Syed Masood Syed, Esq. LAW FIRM OF MASOOD SYED, P.C. Attorney for Plaintiff 475 West Merrick Road, Suite 105 Valley Stream, NY 11580 (516) 962-9574 TO: ANDREA CHRISTINA DINKO 104 High Street Montclair, NJ 07042 ANDREA CHRISTINA DINKO 1122 Aurelia Court Valley Stream, NY 11580 FILED: NASSAU COUNTY CLERK 01/17/2024 03:30 PM INDEX NO. 614847/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024