Preview
INDEX NO. 708483/2024
FILED: QUEENS COUNTY CLERK 0471972024 04:33 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF 04/19/2024
Supreme Court of the State of New York
County of Queens
Xx Index No:
ZOHREH MOHAGHEGHFAR,
Plaintiff(s) SUMMONS
Plaintiff Designates
-against- Queens
County as the place of Trial
NEW YORK CITY TRANSIT AUTHORITY
Defendant(s) The basis of the venue is
X Plaintiff(s) location of accident
Plaintiff Resides at
3553 38" street, Long Island city,
NY 11101
To the Above Named Defendant(s):
You are hereby summoned to answer the complaint that in this action and to have
served 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(s) within 20 days after the service of this
summons exclusively 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: 11/13/2023
Astoria, New York Ss
LEWIS F. LIPKIN, ESQ.
Defendant(s): Attorney(s) for the Plaintiff(s)
MARIANO & LIPKIN, PLLC
NEW YORK CITY TRANSIT 31-19 Newtown Ave. Suite#400
AUTHORITY Astoria NY, 11102
130 Livingston St, Brooklyn, NY 11201 Tel: (718) 726- 7799
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INDEX NO. 708483/2024
FILED: QUEENS COUNTY CLERK 0471972024 04:33 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024
Supreme Court of the State of New York
County of Queens
Index No:
ZOHREH MOHAGHEGHFAR,
Plaintiff(s)
-Against-
VERIFIED
COMPLAINT
NEW YORK CITY TRANSIT AUTHORITY
Defendant(s)
wanna. wane X
Plaintiff complaining of the Defendant(s) NEW YORK CITY TRANSIT AUTHORITY
herein by his attorneys$MARIANO & LIPKIN, PLLC. respectfully sets forth and alleges, as
follows:
That, at all times herein mentioned plaintiff was a resident of the County of Nassau, State of
New York.
That, at all times herein mentioned the defendant(s), NEW YORK CITY TRANSIT
AUTHORITY,was and still in a public benefits corporation doing business throughout the
boroughs of The City of New York.
That at all times, plaintiff served a notice of claim upon the defendantNEW YORK CITY
TRANSIT AUTHORITY,on February 9, 2023 which waswithin the time prescribed by law.
That defendant NEW YORK CITY TRANSIT AUTHORITYhas neglected and refused to
make an adjustment in payment thereof within more than thirty (30) days after service of said
notice of claim.
That plaintiff has satisfied all the statutory requirements prior to filing this summons and
complaint.
That, at all times herein mentioned, defendant(s), NEW YORK CITY TRANSITY
AUTHORITYownedthe subway station and the premises and appurtenances and fixtures
thereto, located at Grand Avenue, Newtown station, Queens, New York.
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INDEX NO. 708483/2024
FILED: QUEENS COUNTY CLERK 0471972024 04:33 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024
That, at all times herein mentioned, defendant(s), NEW YORK CITY TRANSITY
AUTHORITYoperated the subway station and the premises and appurtenances and fixtures
thereto, located at Grand Avenue, Newtown station, Queens, New York
That, at all times herein mentioned, defendant(s), NEW YORK CITY TRANSITY
AUTHORITYmanaged, controlled, maintained, and repaired the aforesaid premises.
On November 13, 2022, Plaintiff(s)ZOHREH MOHAGHEGHFAR.was lawfully entered
in the aforesaid subway station located at Grand Avenue, Newtown Station, Queens, New
York, around7:30 PM evening, and while inside the station and while walking down stairs
she was caused to fall, and sustained serious and permanent injuries.
10. The above mentioned occurrence, and the results thereof, were caused by the negligence of
the defendant and/or said defendant’s agents, servants, employees and/or licenses in the
ownership, operation, management, maintenance, supervision, and control of the aforesaid
premises.
11 That no negligence on the part of the plaintiff(s) contributed to the occurrence alleged herein
in any manner whatsoever.
12. That by reason of the foregoing, Plaintiff(s),ZOHREH MOHAGHEGHFAR,was caused
tosustain serious injuries and to have suffered pain, shock and mental anguish, that these
injuries and their effects will be permanent, and as a result of said injuries plaintiff has been
caused to incur, and will continue to incur, expenses for medical care and attention, and, as a
further result, plaintiff was, and will continue to be, rendered unable to perform plaintiff's
normal activities and duties and has sustained a resultant loss there from.
13. That as a result of the foregoing, this Plaintiff(s) was damaged in a sum which exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction.
WHEREFORE, Plaintiff,ZOHREH MOHAGHEGHFAR,demands judgment against the
defendants herein, in a sum exceeding the jurisdictional limits of all lower courts which would
otherwise have jurisdiction, together with the costs and disbursements of this action.
Dated: 11/13/2023
Astoria, New York
Se.
LEWIS F. LIPKIN, ESQ.
Attorney(s) for the Plaintiff(s)
MARIANO & LIPKIN, PLLC
31-19 Newtown Ave. Suite#400
Astoria, NY 11102
Tel : (718) 726-7799
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INDEX NO. 708483/2024
FILED: QUEENS COUNTY CLERK 0471972024 04:33 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024
ATTORNEY VERIFICATION
Lewis F. Lipkin, an attorney duly admitted to practice before the Courts of the State of New
York, affirms the following to be true under the penalties of perjury: I am the attorney of record
for plaintiff. I have read the annexed verified complaint, know the contents thereof, and the same
are true to my knowledge, except those matters therein which are stated to be alleged upon
information and belief, and as to those matters I believe them to be true. My belief, as to those
matters therein not stated upon knowledge, is based upon facts, records and other pertinent
information contained in my files.
This verification is made by me because Plaintiff(s) is/are not presently in the
county wherein my offices.
Dated: 11/13/2023
Astoria, New York
s
(Signature)
LEWIS. F. LIPKIN, ESQ.
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INDEX NO. 708483/2024
FILED: QUEENS COUNTY CLERK 0471972024 04:33 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024
SUPREME COURTS OF THE STATE OF NEWYORK
COUNTY OF QUEENS
ZOHREH MOHAGHEGHFAR
Plaintiff(s)
-against-
NEW YORK CITY TRANSIT AUTHORITY
Defendant(s)
SUMMONS ANDVERIFIED COMPLAINTS
LEWIS F. LIPKIN, ESQ.
Attorney(s) for the Plaintiff(s)
MARIANO & LIPKIN, PLLC
31-19 Newtown Ave. Suite#400
Astoria, NY 11102
Tel: (718) 726 7799
Fax: (718) 721 4340
To
Attorney(s) For:
Service of copy of within is hereby admitted
Dated : eee nn nnn enna enna nnnn nnn en nnn
Attorney(s) For
PLEASE TAKE NOTICE
[ ] that the within is certified true copy of a
Notice of entry entered in the office clerk of the within named court on
20
[ ] that an order of which the within is a true copy will be
presented settlement for notice of Settlement to the Hon
on the judges of the within named court at
On 20
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Preview
INDEX NO. 708483/2024 FILED: QUEENS COUNTY CLERK 0471972024 04:33 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF 04/19/2024 Supreme Court of the State of New York County of Queens Xx Index No: ZOHREH MOHAGHEGHFAR, Plaintiff(s) SUMMONS Plaintiff Designates -against- Queens County as the place of Trial NEW YORK CITY TRANSIT AUTHORITY Defendant(s) The basis of the venue is X Plaintiff(s) location of accident Plaintiff Resides at 3553 38" street, Long Island city, NY 11101 To the Above Named Defendant(s): You are hereby summoned to answer the complaint that in this action and to have served 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(s) within 20 days after the service of this summons exclusively 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: 11/13/2023 Astoria, New York Ss LEWIS F. LIPKIN, ESQ. Defendant(s): Attorney(s) for the Plaintiff(s) MARIANO & LIPKIN, PLLC NEW YORK CITY TRANSIT 31-19 Newtown Ave. Suite#400 AUTHORITY Astoria NY, 11102 130 Livingston St, Brooklyn, NY 11201 Tel: (718) 726- 7799 lof 5 INDEX NO. 708483/2024 FILED: QUEENS COUNTY CLERK 0471972024 04:33 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 Supreme Court of the State of New York County of Queens Index No: ZOHREH MOHAGHEGHFAR, Plaintiff(s) -Against- VERIFIED COMPLAINT NEW YORK CITY TRANSIT AUTHORITY Defendant(s) wanna. wane X Plaintiff complaining of the Defendant(s) NEW YORK CITY TRANSIT AUTHORITY herein by his attorneys$MARIANO & LIPKIN, PLLC. respectfully sets forth and alleges, as follows: That, at all times herein mentioned plaintiff was a resident of the County of Nassau, State of New York. That, at all times herein mentioned the defendant(s), NEW YORK CITY TRANSIT AUTHORITY,was and still in a public benefits corporation doing business throughout the boroughs of The City of New York. That at all times, plaintiff served a notice of claim upon the defendantNEW YORK CITY TRANSIT AUTHORITY,on February 9, 2023 which waswithin the time prescribed by law. That defendant NEW YORK CITY TRANSIT AUTHORITYhas neglected and refused to make an adjustment in payment thereof within more than thirty (30) days after service of said notice of claim. That plaintiff has satisfied all the statutory requirements prior to filing this summons and complaint. That, at all times herein mentioned, defendant(s), NEW YORK CITY TRANSITY AUTHORITYownedthe subway station and the premises and appurtenances and fixtures thereto, located at Grand Avenue, Newtown station, Queens, New York. 2 0f 5 INDEX NO. 708483/2024 FILED: QUEENS COUNTY CLERK 0471972024 04:33 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 That, at all times herein mentioned, defendant(s), NEW YORK CITY TRANSITY AUTHORITYoperated the subway station and the premises and appurtenances and fixtures thereto, located at Grand Avenue, Newtown station, Queens, New York That, at all times herein mentioned, defendant(s), NEW YORK CITY TRANSITY AUTHORITYmanaged, controlled, maintained, and repaired the aforesaid premises. On November 13, 2022, Plaintiff(s)ZOHREH MOHAGHEGHFAR.was lawfully entered in the aforesaid subway station located at Grand Avenue, Newtown Station, Queens, New York, around7:30 PM evening, and while inside the station and while walking down stairs she was caused to fall, and sustained serious and permanent injuries. 10. The above mentioned occurrence, and the results thereof, were caused by the negligence of the defendant and/or said defendant’s agents, servants, employees and/or licenses in the ownership, operation, management, maintenance, supervision, and control of the aforesaid premises. 11 That no negligence on the part of the plaintiff(s) contributed to the occurrence alleged herein in any manner whatsoever. 12. That by reason of the foregoing, Plaintiff(s),ZOHREH MOHAGHEGHFAR,was caused tosustain serious injuries and to have suffered pain, shock and mental anguish, that these injuries and their effects will be permanent, and as a result of said injuries plaintiff has been caused to incur, and will continue to incur, expenses for medical care and attention, and, as a further result, plaintiff was, and will continue to be, rendered unable to perform plaintiff's normal activities and duties and has sustained a resultant loss there from. 13. That as a result of the foregoing, this Plaintiff(s) was damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff,ZOHREH MOHAGHEGHFAR,demands judgment against the defendants herein, in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: 11/13/2023 Astoria, New York Se. LEWIS F. LIPKIN, ESQ. Attorney(s) for the Plaintiff(s) MARIANO & LIPKIN, PLLC 31-19 Newtown Ave. Suite#400 Astoria, NY 11102 Tel : (718) 726-7799 3 0f 5 INDEX NO. 708483/2024 FILED: QUEENS COUNTY CLERK 0471972024 04:33 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 ATTORNEY VERIFICATION Lewis F. Lipkin, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am the attorney of record for plaintiff. I have read the annexed verified complaint, know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records and other pertinent information contained in my files. This verification is made by me because Plaintiff(s) is/are not presently in the county wherein my offices. Dated: 11/13/2023 Astoria, New York s (Signature) LEWIS. F. LIPKIN, ESQ. 40f 5 INDEX NO. 708483/2024 FILED: QUEENS COUNTY CLERK 0471972024 04:33 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2024 SUPREME COURTS OF THE STATE OF NEWYORK COUNTY OF QUEENS ZOHREH MOHAGHEGHFAR Plaintiff(s) -against- NEW YORK CITY TRANSIT AUTHORITY Defendant(s) SUMMONS ANDVERIFIED COMPLAINTS LEWIS F. LIPKIN, ESQ. Attorney(s) for the Plaintiff(s) MARIANO & LIPKIN, PLLC 31-19 Newtown Ave. Suite#400 Astoria, NY 11102 Tel: (718) 726 7799 Fax: (718) 721 4340 To Attorney(s) For: Service of copy of within is hereby admitted Dated : eee nn nnn enna enna nnnn nnn en nnn Attorney(s) For PLEASE TAKE NOTICE [ ] that the within is certified true copy of a Notice of entry entered in the office clerk of the within named court on 20 [ ] that an order of which the within is a true copy will be presented settlement for notice of Settlement to the Hon on the judges of the within named court at On 20 5 of 5