Preview
FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
To
TRANSFERRED TCMG.. - . COURT. INDE No
CIVIL COURTOF THECITY OF NEWYORK,
COUNTYOF QUEENS
G 10 (oepµRAL JNCORANCE CWApey AI
$66potnE8 of VAY3£PY NAI aoÅ
y¿ 35A
INoex
No..CdnÄS$3..f.2013
Plaintif
against CALENDAR
No............................
jpy LL-C cuú JUSTSC ASS FU$
Defenda t ATE.........o.C G. .go.PA...
RECEIVEDfrom the Civil Court of the
City of NewYork, County of ... .QUEENS. . ,
the following papers in the above entitled action
Transfer entire file by order of J S.C
and a copy of the order
changing the place of triagrom.the>Civil Qqùrt o,f the City of New York, County of
--QUEENS- to the ........ ..................-Goutt df the County of.......................... .... ..........,
Clerk of the Civil Court of he County of OEEENS .. ...,
c)EF CLERK
MAY 2 ? ?024 C
QUEENS COUNTY
CtVll COURT
1 of 24
FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
CIVIL CITY
NEWYORK
OFTHEEDUDEOF
SIUMUDMKCOURT
COUNTYOF QUEENS
-dEidö-5E Eifil-(Ñ5i4 d°i Ë- 1i FA x----------------X
AS SUBROGEE
OF RAYDIRYDIAZ and JOEWYN
DIAZ,
Plaintiff(s)/Petitioner(s), Index NO. 4583/2023
- against -
CYNJUSTLLCand JUSTIC ASSIFUAH,
Defendant(s)/Respondent(s).
__----____________-----------_____________-___________Ç
NOTICETOCOUNTY
CLERK- CPLR§ 8019(c)
By order dated 04/01/2024 ,andenteredon 04/26/24
, the Court directed
the County Clerk to make an entry on the docket of this matter. As required by CPLR§ 8019 (c), notice of the order
is hereby given to the County Clerk with the request that the County Clerk make such entry.
Dated: 05/20/2024 RONIT Z. MOSKOVITS (Name)
BAKER, McEVOY
& MSKOVITS
/
(Firm)
5 BROADWAY,STE3 (Address)
FREEPORT,NY 11520
(212) 857-8230 (Phone)
(212) 857-8238 (Fax)
rmoskovits@bm3Iaw.com
(E-Mail)
CYNJUSTLLC and JUSTIC ASSlFUAH,
[THE ORDERMUSTACCOMPANY
THIS NOTICEASA SINGLEPDF]
3/19/12
2 of 24
FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
SUPREMECOURTOFTHESTATEOF NEWYORK
COUNTYOFKINGS
---------------------------------------------------------------------X INDEX NO.: 500669/2024
DIAZ ANDRAYDIRYDIAZ,
JOEWYN
Plaintiff(s), Action No. 1
-against- ORDERWITHNOTICE
OFENTRY
JUSTICE KOJOASSIFUAHANDCYNJUSTLLC,
Defendant(s) Motion Sequence # 1
__----------------------.---_______-.---.-------__________________--_Ç
COURTOFTHECITY OFNEWYORK
CIVIL
COUNTYOFQUEENS
--------------------------------------------------------------------X INDEXNO.: 4583/2023
OEICOGENERALINSURANCECOMPANY AS
SUBROGEEOFRAYDIRYDIAZ and JOEWYN
DIAZ,
A
Plaintiff(s),
-against- Action No. 2
CYNJUSTLLC and JUSTIC ASSIFUAH, '
Defendant(s).
------------__---------.________.--------____-------------___.-X
S I R/ MA D A M:
PLEASETAKENOTICE that the within is a true copy of the Decision/Order of the
‰onorable Peter P. Sweeney entered by the Clerk of the within namedCourt on April 14, 2024.
Dated: Brooklyn, NewYork
May 20, 2024
Yours, etc.,
BAKER, McEVOY, & MOSKOVITS
MICHAEL A. FRITZ, ESQ.
Attorneys for Defendants
JUSTICE KOJOASSlFUAHand
CYNJUSTLLC
5 Broadway, Suite 3
3 of 24
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
Freeport, NewYork 11520
(212) 857-8230
File# 1119950-02, 03
TO: RIMLAND& AHLERS
Attorneys for Plaintif in Action No. 1 (index #: 500669/2024)
225 Broadway, Ste 1606
NewYork, NY10007
(212) 374-0680
LAWOFFICE OFANTHONY
A. FLECKER
BY: JAMESN. DONOV
AN, ESQ.
Attorneys for Plaintif in Action No. 2 (index #: 4583/2023)
2 Huntington Quadrangle, Ste 2nO1
Melville, NY 11747
(516) 496-5007
File No.: 22-0154987
4 of 24
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
No. 4738939
u Certification
OF KINGS, SS
ATEOF NEWYORK, COUNTY
of Supreme-Court Kings County,
, Nancy T. Onshine, County Clerk and Clerk
that on May 21, 2024 I have compared
do hereby certify
the document attached hereto,
Index#500669/2024 Order filed 04/16/2024 page(s) 1
correc ranscript
theprtginial filed in my office and the same,is
with
f thx die b'fhÙ ti oriÿinal in i nes
anitedal.
tave affixed my signature
Kings County Clerk's Office
Paym 3998274 05/21/2024 12:25p
Cashier Id 59 Register # 1
Tr.4738938 $0.25
Image Copy
500669/2024 Order filed 04/16/2024
Tr.4738939 $8.00
Certified Copy $8
500669/2024 Order filed 04/16/2024 Index#500
NANCYT. SUNSHINE
669/2024 Order filed 04/16/2024
KINGS COUNTYCLERK
Total: $8.25
Check $8.25
Pickup Location: Window 6
5 of 24
FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024
FILED
NYSCEF ".-KINGS
DOC. NO. 1 COUNTYCLERK 0 4 / 15 / 202 4| . INDEX
RECEIVED NO. 500669/2024
NYSCEF: 06/14/2024
ÍðLbt '
1JUL. NO. 21 --
l . RECEIVED NYSCEF: 04/16/2024
AtanIASpart fthesupreme
Court of the State of NewYork
Held in and for the county of
Kings,Borough of B klyn,Ci _
of NewYork on the y of A Jes/-
PRESENT:Hon. JSC
¾2.. + bra2
JOINT TRIAL ORDER
Upon the notice of motion and due deliberation had, it is now
ORDERED,that the motion is granted to the extent that Index #'s FAPf (A /,
tf fB /g
/_, /_, /__
are joined for the purpose of trial and it is further,
ORDERED,that each shdil retain its own index number, file a separate RA, separate notes of
issue, and file separate judgments; and it is further,
ORDERED,that the ordeir in which the parties open and close shall be determined by the court,
and it is further ,
** , of a copy of this order and payment of the requisite fees, the
clerk 8irected the file of index
to transfer # / and all papers
contained therein to the rk of Kings County ;and it is further,
**ORDERED,that the p tifRs) in index # /_ shall forthwith file an R together
with a copy of this order th the calendar clerk; and it is further,
ORDERED,that a copy f this order with notice of entry be served upon all parties in the action.
**strike decretal if appli ble
p\ HoN. PETERP. SWEENEY,J.S.C.
1 of 1
6 of 24
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
COURTOFTHESTATEOFNEW
SUPREME YORK
COUNTYOFKINGS
---------------------------------------------------X INDEX#500669/2024
JOEWYN
DIAZ and RAYDIRY DIAZ,
Plaintiff(s),
-against- Action No. 1
JUSTICE KOJOASSIFUAHANDCYNJUSTLLC
____-..----------------------------------------X
COURTOFTHECITY OFNEWYORK
CIVIL
COUNTYOFQUEENS
-----------------------------------------------X INDEX#4583/2023
GEICOGENERAL
INSURANCECOMPANY AS
SUBROGEEOFRAYDIRY DIAZ and JOEWYNDIAZ,
Plaintiff(s),
-against- Action No. 2
CYNJUSTLLC and JUSTIC ASSIFUAH,
Defendant(s).
------------------....--------------------Ç
ORDER
WITHNOTICEOFENTRY
BAKER, McEVOY& MOSKOVITS,
P.C.
5 Broadway, Suite 3
Freeport, NewYork 11520
(212) 857-8230
To:
Attorney(s) for:
Service of a copy of the within
is hereby admitted.
Dated,
...-............................................_.....................-..............................
Attorney(s) for
7 of 24
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
COURT
CIVIL OFTHE CITY OFNEWYORK
COUNTY
OFQUEENS
GEICOGENERAL
INSURANCECOMPANY AS Index No: 004583
SUBROGEEOFRAYDIRYDIAZ and JOEWYNDIAZ,
SUMMONS
Plaintiff(s),
Plaintiff's address:
-against- 60-05 Kissena Boulevard
Flushing, NY 11355
CYNJUSTLLC and JUSTIC ASSIFUAH,
Venue designated is:
Plaintiff's Residence
Defendant(s).
To the above-named defendant(s):
YOUARE HEREBYSUMMONED
and required to appear in the Civil
Court of the City of NewYork County of at the of the Clerk of said Court at 89-17
office
Sutphin Boulevard, Jamaica, New York 11435,County of Queens, State of New York by
serving an Answer to the annexed Complaint upon Clerk of the Court, at the address
stated above within the time provided by law as noted below; upon your failure to
answer, judgment will be taken against you for the sum of $10,499.55 with interest
thereon from September 17, 2022, together with the costs of this action.
Dated: MELVILLE, NEW YORK
March 4, 2023
Defendant(s) Address(es) Law Offi of RickyY Lucyk
By: James N. Donovan, Esq.
Cynjust LLC Attorney for Plaintiff(s)
c/o Justic Kojo Assifuah . 2 Huntington Quadrangle, STE IN01
765 Lincoln Avenue, STE 9J Melville, NewYork 11747
Brooklyn, NewYork 11208 516-496-5007
Claim No. 8729868200000001
Justic Assifuah File No. 22-0154987
8 East View Drive, APT 12
Watervliet, NewYork 12189
FILED
CLERK
GENERAL
MAR17 2023
COUNW
CMLCOURT- QULENS
8 of 24
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
NOTE: The law providesthat: (a) if this summons is served by its delivery to you
personally withinthe City of New York, you must appear and answer within TWENTY
days after such service; or (b) if this summons is served by delivery to any person other
than you personally, or is served outside the City of New York, or by publication, or by
any means other than personal delivery to you within the City of New York, you are
allowed THIRTY days after the proof of service thereof is filed with the Clerk of this
Court within which to appear and answer.(c) Where a defendant appears by an attorney, a
copy of his answer shall be served upon the plaintiffs attorney, or upon the plaintiff if the
plaintiff appears in person, at or before the time of filing the original answer with proof of
service thereof.
9 of 24
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
COURT
CIVIL OFTHE CITY OFNEWYORK
COUNTY
OFQUEENS
GEICOGENERALINSURANCECOMPANY AS Index No:
SUBROGEEOFRAYDIRYDIAZ and JOEWYNDIAZ,
VERIFIED COMPLAINT
Plaintiff(s),
Plaintiff's address:
-against- 60-05 Kissena Boulevard
Flushing, NY 11355
CYNJUSTLLC and JUSTIC ASSIFUAH,
Venue designated is:
Plaintiff's Residence
Defendant(s).
Plaintiff(s), by its attorney, James N. Donovan, Esq., complaining of the
defendant(s), alleges as follows:
1. At all times herein stated and hereinafter mentioned the plaintiff was and still is a
corporation authorized to do business in the State of NewYork, doing so in the
County of Queens.
2. That on Tuesday, September 13, 2022, the defendant Cynjust LLC owned a motor
vehicle bearing NewYork State license plate number Y l04016C.
3. That on Tuesday, September 13, 2022, the defendant Justic Assifuah operated a
motor vehicle bearing NewYork State license plate number Y104016C.
4. That on Tuesday, September 13, 2022, the defendant Justic Assifuah operated a
motor vehicle bearing NewYork State license plate number Y104Q16C with
consent of its owner.
5. That on or about Tuesday, September 13, 2022, plaintiff subrogor's automobile
sustained damages because of an accident which occurred at or near 1lth Street
entrance to Queens-Midtown Expressway, County of NewYork, City and State of
NewYork.
6. Said accident was due to the negligence of the defendants in the ownership,
operation, maintenance, managementand control of a motor vehicle bearing New
York State license plate number Y104016C.
7. That as a result of said accident, plaintiff subrogor's automobile was damaged in the
amount of $9,006.76.
10 of 24
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
8. That as a result of said accident, plaintiff subrogor's suffered $1,492.79 in loss of
use.
WHEREFORE,
plaintiff(s) demand(s) judgment against said defendant(s) for
the sum of $10,499.55 with interest thereon from September 17, 2022, the date of
payment, from plaintiff subrogee to plaintiff subrogor, together with costs and
disbursements.
Dated: Melville, NewYork
March 4, 2023
Law O 1 of Riclg . Lucyk
By: Ja es N. Donovan, Esq.
Attorney for Plaintiff(s)
2 Huntington Quadrangle, STE IN01
Melville, NewYork 11747
516-496-5007
Claim No. 8729868200000001
File No. 22-0154987
11 of 24
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
VERIFICATION
STATEOFNEW
YORK )
COUNTY
OFSUFFOLK )SS.:
)
James N. Donovan, Esq., an attorney duly authorized to practice in the State of
New York and not a party to this action, does hereby affirm that the following is true
under the penalties of perjury:
That he/she is an attorney at law associated with Law Office of Ricky J. Lucyk,
attorneys for the Plaintiff.
That he/she has read the foregoing COMPLAINTand knows the contents thereof
and that same is true to his/her own knowledge except as to the matters therein stated to
be alleged upon information and belief, and as to those matters he/she believes to be true.
Affiant further says that the reason this verification is made by the affiant and not
the PLAINTIFF is because the said PLAINTIFF is a foreign corporation authorized to do
business in the State.
Jam . Donovan, Esq.
12 of 24
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
ATFORNEY(S) : Law Office of Ricky J. Lucyk
INDEX # : cy-004583-23/QU .
PURCHASED/FILED: March 17, 2023
a .
STATEOF : NEwYoRK
CouRT: Civil
COUNTY/DISTRICT : QUeenS
AFFIDAVIT OF SERVICE- SECRETARY OFSTATE
GEICOGENERALINSURANCECOMPANY AS SUBROGEE
OF RAYDIRYDIAZ ET AL
Plaintiff(s)
against
Cynjust LLC et al
Defendant(s)
STATEOF NEWYORK) DESCRIPTIONOFPERSON
SERVED: Approx. Age: 60 yrs
COUNTY OFALBANY ) SS
CITY OFALBANY ) Weight: 120 Ibs Height:
5' 1"
Sex: Female Color of skin: White
Hair color: Brown Other:
Robert Guyette , being duly sworn, deposes and says: deponent is over
the age of eighteen (18) years; is not a party to this action, and resides in the State of NY, and that on
March 29, 2023 , at 1:25 PM , at the office of the Secretary of State of the
located at 99 Washington Ave, 6th FI, Albany, New York 12231 deponent served: RAI n ray
Summons& Verified Complaint
APR 05 2023
on . . .
Cynjust LLC - -
the Defendant in this action, by delivering to and leaving with Nancy Dougherty
AUTHORIZEDAGENTin the Office of the Secretary of State, of the State of NewYork, personally at the
Office of the Secretary of State of the State of NewYork, two (2) true copies thereof and that at the time of
making such service, deponent paid said Secretary of State a fee of $40 dollars; That said service
was made pursuant to Section LIMITED LIABILITY COMPANY
LAW§303.
Deponent further says that deponent knew the person so served as aforesaid to be the agent in the Office
of the Secretary of State of the State of NewYork, duly authorized to accept such service on behalf of said
defendant.
Sworn to before me on this
29th day of March, 2023
Robert Guyette
Invoice"Work 2312764
Order #
Attorney File # 8707945
FAITH C
NOTARYPUBUC,State of NewYork
No. 01C06158874, Albany County
Commission Expires Jan 8, 2027
13 of 24
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024
FILED
COURTOFTHECITY OF NEWYORK
CIVIL
COUNTY
OFQUEENS
.....-................._.................._................x
GEICO GENERAL INSURANCE COMPANYAS 0081 edEENSC
SUBROGEEOFRAYDIRYDIAZ and JOEWYNDIAZ, INDEX NO.: 458^/2023
VERIFIED ANSTÝER,
Plaintiff, NOTICEFORDISCOVERY
ANDINSPECTION, AND
- against - COMBINEDDEMANDS
CYNJUSTLLC and JUSTIC ASSIFUAH, Our File No.: 1119950
Case ID No.: 124563
Defendant(s). Your File No.: 22-0154987
____..--...._............._..........._____.____.-X
The Defendant(s) CYNJUSTLLC and JUSTICE ASSIFUAHs/h/a JUSTIC ASSIFUAH
by their/ his/ her attorneys, BAKER, MCEVOY,& MOSKOVITS,answering the Complaint of
the Plaintiff herein, respectfully allege upon information and belief, as follows:
VERIFIED ANSWER
FIRST CAUSEOFACTION
Deny(ies) each and every allegation in the paragraphs of the complaint designated as
follows: 5,6,7,8.
Deny(ies) any knowledge or information thereof, sufficient to form a belief as to the truth
of the allegations contained in the paragraphs of the complaint designated as follows: 1.
AFFIRMATIVEDEFENSES
FIRST AFFIRMATIVEDEFENSE
The Court lacks the personal
jurisdiction over the answering Defendant(s) in that the
summonsand complaint was not
served upon the Defendant(s), and if the summonswas served, it
was not served in accordance with the applicable provisions of Article 3 of the C.P.L.R., said
provision governing service of process.
SECOND
AFFIRMATIVEDEFENSE
Pursuant to CPLRSection 1412, any damages sustained by the Plaintiff was caused by the
culpable conduct of the Plaintiff, including contributory negligence or assumption of risk, and not
by the culpable conduct or negligence of this answering Defendant(s).
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THIRD AFFIRMATIVEDEFENSE
Upon information and belief, plaintiff(s) failed to mitigate damages.
FOURTHAFFIRMATIVEDEFENSE
Plaintiff(s) damages, if any, are limited by the offset provisions of Section 15-108 of the
General Obligations Law.
FIFTH AFFIRMATIVEDEFENSE
Pursuant to 49 USC30106, since the driver leased the vehicle, the corporate defendant has
no vicarious liability for the accident and there is no cause of action stated against it and the
Complaint as against the corporate defendant must be dismissed.
RESERVATION
OF RIGHTS
Defendant(s) reserve(s) the right to amendthe answer, defenses, and/or any counterclaims
and cross claims at a later date.
WHEREFORE,the answering Defendant(s) demandjudgment dismissing the complaint
of the Plaintiff herein, together with the costs and disbursement of this action.
Dated: Brooklyn, NewYork
July 6, 2023
Baker, McEvoy & Moskovits,.
for the De endant(s)
CYNJUSTLLC and
JUSTICE ASSIFUAHs/h/a JUSTIC ASSIFUAH
5 Broadway, Suite 3
Freeport, New York 1 1520
Preview
FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 To TRANSFERRED TCMG.. - . COURT. INDE No CIVIL COURTOF THECITY OF NEWYORK, COUNTYOF QUEENS G 10 (oepµRAL JNCORANCE CWApey AI $66potnE8 of VAY3£PY NAI aoÅ y¿ 35A INoex No..CdnÄS$3..f.2013 Plaintif against CALENDAR No............................ jpy LL-C cuú JUSTSC ASS FU$ Defenda t ATE.........o.C G. .go.PA... RECEIVEDfrom the Civil Court of the City of NewYork, County of ... .QUEENS. . , the following papers in the above entitled action Transfer entire file by order of J S.C and a copy of the order changing the place of triagrom.the>Civil Qqùrt o,f the City of New York, County of --QUEENS- to the ........ ..................-Goutt df the County of.......................... .... .........., Clerk of the Civil Court of he County of OEEENS .. ..., c)EF CLERK MAY 2 ? ?024 C QUEENS COUNTY CtVll COURT 1 of 24 FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 CIVIL CITY NEWYORK OFTHEEDUDEOF SIUMUDMKCOURT COUNTYOF QUEENS -dEidö-5E Eifil-(Ñ5i4 d°i Ë- 1i FA x----------------X AS SUBROGEE OF RAYDIRYDIAZ and JOEWYN DIAZ, Plaintiff(s)/Petitioner(s), Index NO. 4583/2023 - against - CYNJUSTLLCand JUSTIC ASSIFUAH, Defendant(s)/Respondent(s). __----____________-----------_____________-___________Ç NOTICETOCOUNTY CLERK- CPLR§ 8019(c) By order dated 04/01/2024 ,andenteredon 04/26/24 , the Court directed the County Clerk to make an entry on the docket of this matter. As required by CPLR§ 8019 (c), notice of the order is hereby given to the County Clerk with the request that the County Clerk make such entry. Dated: 05/20/2024 RONIT Z. MOSKOVITS (Name) BAKER, McEVOY & MSKOVITS / (Firm) 5 BROADWAY,STE3 (Address) FREEPORT,NY 11520 (212) 857-8230 (Phone) (212) 857-8238 (Fax) rmoskovits@bm3Iaw.com (E-Mail) CYNJUSTLLC and JUSTIC ASSlFUAH, [THE ORDERMUSTACCOMPANY THIS NOTICEASA SINGLEPDF] 3/19/12 2 of 24 FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 SUPREMECOURTOFTHESTATEOF NEWYORK COUNTYOFKINGS ---------------------------------------------------------------------X INDEX NO.: 500669/2024 DIAZ ANDRAYDIRYDIAZ, JOEWYN Plaintiff(s), Action No. 1 -against- ORDERWITHNOTICE OFENTRY JUSTICE KOJOASSIFUAHANDCYNJUSTLLC, Defendant(s) Motion Sequence # 1 __----------------------.---_______-.---.-------__________________--_Ç COURTOFTHECITY OFNEWYORK CIVIL COUNTYOFQUEENS --------------------------------------------------------------------X INDEXNO.: 4583/2023 OEICOGENERALINSURANCECOMPANY AS SUBROGEEOFRAYDIRYDIAZ and JOEWYN DIAZ, A Plaintiff(s), -against- Action No. 2 CYNJUSTLLC and JUSTIC ASSIFUAH, ' Defendant(s). ------------__---------.________.--------____-------------___.-X S I R/ MA D A M: PLEASETAKENOTICE that the within is a true copy of the Decision/Order of the ‰onorable Peter P. Sweeney entered by the Clerk of the within namedCourt on April 14, 2024. Dated: Brooklyn, NewYork May 20, 2024 Yours, etc., BAKER, McEVOY, & MOSKOVITS MICHAEL A. FRITZ, ESQ. Attorneys for Defendants JUSTICE KOJOASSlFUAHand CYNJUSTLLC 5 Broadway, Suite 3 3 of 24 FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 Freeport, NewYork 11520 (212) 857-8230 File# 1119950-02, 03 TO: RIMLAND& AHLERS Attorneys for Plaintif in Action No. 1 (index #: 500669/2024) 225 Broadway, Ste 1606 NewYork, NY10007 (212) 374-0680 LAWOFFICE OFANTHONY A. FLECKER BY: JAMESN. DONOV AN, ESQ. Attorneys for Plaintif in Action No. 2 (index #: 4583/2023) 2 Huntington Quadrangle, Ste 2nO1 Melville, NY 11747 (516) 496-5007 File No.: 22-0154987 4 of 24 FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 No. 4738939 u Certification OF KINGS, SS ATEOF NEWYORK, COUNTY of Supreme-Court Kings County, , Nancy T. Onshine, County Clerk and Clerk that on May 21, 2024 I have compared do hereby certify the document attached hereto, Index#500669/2024 Order filed 04/16/2024 page(s) 1 correc ranscript theprtginial filed in my office and the same,is with f thx die b'fhÙ ti oriÿinal in i nes anitedal. tave affixed my signature Kings County Clerk's Office Paym 3998274 05/21/2024 12:25p Cashier Id 59 Register # 1 Tr.4738938 $0.25 Image Copy 500669/2024 Order filed 04/16/2024 Tr.4738939 $8.00 Certified Copy $8 500669/2024 Order filed 04/16/2024 Index#500 NANCYT. SUNSHINE 669/2024 Order filed 04/16/2024 KINGS COUNTYCLERK Total: $8.25 Check $8.25 Pickup Location: Window 6 5 of 24 FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024 FILED NYSCEF ".-KINGS DOC. NO. 1 COUNTYCLERK 0 4 / 15 / 202 4| . INDEX RECEIVED NO. 500669/2024 NYSCEF: 06/14/2024 ÍðLbt ' 1JUL. NO. 21 -- l . RECEIVED NYSCEF: 04/16/2024 AtanIASpart fthesupreme Court of the State of NewYork Held in and for the county of Kings,Borough of B klyn,Ci _ of NewYork on the y of A Jes/- PRESENT:Hon. JSC ¾2.. + bra2 JOINT TRIAL ORDER Upon the notice of motion and due deliberation had, it is now ORDERED,that the motion is granted to the extent that Index #'s FAPf (A /, tf fB /g /_, /_, /__ are joined for the purpose of trial and it is further, ORDERED,that each shdil retain its own index number, file a separate RA, separate notes of issue, and file separate judgments; and it is further, ORDERED,that the ordeir in which the parties open and close shall be determined by the court, and it is further , ** , of a copy of this order and payment of the requisite fees, the clerk 8irected the file of index to transfer # / and all papers contained therein to the rk of Kings County ;and it is further, **ORDERED,that the p tifRs) in index # /_ shall forthwith file an R together with a copy of this order th the calendar clerk; and it is further, ORDERED,that a copy f this order with notice of entry be served upon all parties in the action. **strike decretal if appli ble p\ HoN. PETERP. SWEENEY,J.S.C. 1 of 1 6 of 24 FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 COURTOFTHESTATEOFNEW SUPREME YORK COUNTYOFKINGS ---------------------------------------------------X INDEX#500669/2024 JOEWYN DIAZ and RAYDIRY DIAZ, Plaintiff(s), -against- Action No. 1 JUSTICE KOJOASSIFUAHANDCYNJUSTLLC ____-..----------------------------------------X COURTOFTHECITY OFNEWYORK CIVIL COUNTYOFQUEENS -----------------------------------------------X INDEX#4583/2023 GEICOGENERAL INSURANCECOMPANY AS SUBROGEEOFRAYDIRY DIAZ and JOEWYNDIAZ, Plaintiff(s), -against- Action No. 2 CYNJUSTLLC and JUSTIC ASSIFUAH, Defendant(s). ------------------....--------------------Ç ORDER WITHNOTICEOFENTRY BAKER, McEVOY& MOSKOVITS, P.C. 5 Broadway, Suite 3 Freeport, NewYork 11520 (212) 857-8230 To: Attorney(s) for: Service of a copy of the within is hereby admitted. Dated, ...-............................................_.....................-.............................. Attorney(s) for 7 of 24 FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 COURT CIVIL OFTHE CITY OFNEWYORK COUNTY OFQUEENS GEICOGENERAL INSURANCECOMPANY AS Index No: 004583 SUBROGEEOFRAYDIRYDIAZ and JOEWYNDIAZ, SUMMONS Plaintiff(s), Plaintiff's address: -against- 60-05 Kissena Boulevard Flushing, NY 11355 CYNJUSTLLC and JUSTIC ASSIFUAH, Venue designated is: Plaintiff's Residence Defendant(s). To the above-named defendant(s): YOUARE HEREBYSUMMONED and required to appear in the Civil Court of the City of NewYork County of at the of the Clerk of said Court at 89-17 office Sutphin Boulevard, Jamaica, New York 11435,County of Queens, State of New York by serving an Answer to the annexed Complaint upon Clerk of the Court, at the address stated above within the time provided by law as noted below; upon your failure to answer, judgment will be taken against you for the sum of $10,499.55 with interest thereon from September 17, 2022, together with the costs of this action. Dated: MELVILLE, NEW YORK March 4, 2023 Defendant(s) Address(es) Law Offi of RickyY Lucyk By: James N. Donovan, Esq. Cynjust LLC Attorney for Plaintiff(s) c/o Justic Kojo Assifuah . 2 Huntington Quadrangle, STE IN01 765 Lincoln Avenue, STE 9J Melville, NewYork 11747 Brooklyn, NewYork 11208 516-496-5007 Claim No. 8729868200000001 Justic Assifuah File No. 22-0154987 8 East View Drive, APT 12 Watervliet, NewYork 12189 FILED CLERK GENERAL MAR17 2023 COUNW CMLCOURT- QULENS 8 of 24 FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 NOTE: The law providesthat: (a) if this summons is served by its delivery to you personally withinthe City of New York, you must appear and answer within TWENTY days after such service; or (b) if this summons is served by delivery to any person other than you personally, or is served outside the City of New York, or by publication, or by any means other than personal delivery to you within the City of New York, you are allowed THIRTY days after the proof of service thereof is filed with the Clerk of this Court within which to appear and answer.(c) Where a defendant appears by an attorney, a copy of his answer shall be served upon the plaintiffs attorney, or upon the plaintiff if the plaintiff appears in person, at or before the time of filing the original answer with proof of service thereof. 9 of 24 FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 COURT CIVIL OFTHE CITY OFNEWYORK COUNTY OFQUEENS GEICOGENERALINSURANCECOMPANY AS Index No: SUBROGEEOFRAYDIRYDIAZ and JOEWYNDIAZ, VERIFIED COMPLAINT Plaintiff(s), Plaintiff's address: -against- 60-05 Kissena Boulevard Flushing, NY 11355 CYNJUSTLLC and JUSTIC ASSIFUAH, Venue designated is: Plaintiff's Residence Defendant(s). Plaintiff(s), by its attorney, James N. Donovan, Esq., complaining of the defendant(s), alleges as follows: 1. At all times herein stated and hereinafter mentioned the plaintiff was and still is a corporation authorized to do business in the State of NewYork, doing so in the County of Queens. 2. That on Tuesday, September 13, 2022, the defendant Cynjust LLC owned a motor vehicle bearing NewYork State license plate number Y l04016C. 3. That on Tuesday, September 13, 2022, the defendant Justic Assifuah operated a motor vehicle bearing NewYork State license plate number Y104016C. 4. That on Tuesday, September 13, 2022, the defendant Justic Assifuah operated a motor vehicle bearing NewYork State license plate number Y104Q16C with consent of its owner. 5. That on or about Tuesday, September 13, 2022, plaintiff subrogor's automobile sustained damages because of an accident which occurred at or near 1lth Street entrance to Queens-Midtown Expressway, County of NewYork, City and State of NewYork. 6. Said accident was due to the negligence of the defendants in the ownership, operation, maintenance, managementand control of a motor vehicle bearing New York State license plate number Y104016C. 7. That as a result of said accident, plaintiff subrogor's automobile was damaged in the amount of $9,006.76. 10 of 24 FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 8. That as a result of said accident, plaintiff subrogor's suffered $1,492.79 in loss of use. WHEREFORE, plaintiff(s) demand(s) judgment against said defendant(s) for the sum of $10,499.55 with interest thereon from September 17, 2022, the date of payment, from plaintiff subrogee to plaintiff subrogor, together with costs and disbursements. Dated: Melville, NewYork March 4, 2023 Law O 1 of Riclg . Lucyk By: Ja es N. Donovan, Esq. Attorney for Plaintiff(s) 2 Huntington Quadrangle, STE IN01 Melville, NewYork 11747 516-496-5007 Claim No. 8729868200000001 File No. 22-0154987 11 of 24 FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 VERIFICATION STATEOFNEW YORK ) COUNTY OFSUFFOLK )SS.: ) James N. Donovan, Esq., an attorney duly authorized to practice in the State of New York and not a party to this action, does hereby affirm that the following is true under the penalties of perjury: That he/she is an attorney at law associated with Law Office of Ricky J. Lucyk, attorneys for the Plaintiff. That he/she has read the foregoing COMPLAINTand knows the contents thereof and that same is true to his/her own knowledge except as to the matters therein stated to be alleged upon information and belief, and as to those matters he/she believes to be true. Affiant further says that the reason this verification is made by the affiant and not the PLAINTIFF is because the said PLAINTIFF is a foreign corporation authorized to do business in the State. Jam . Donovan, Esq. 12 of 24 FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 ATFORNEY(S) : Law Office of Ricky J. Lucyk INDEX # : cy-004583-23/QU . PURCHASED/FILED: March 17, 2023 a . STATEOF : NEwYoRK CouRT: Civil COUNTY/DISTRICT : QUeenS AFFIDAVIT OF SERVICE- SECRETARY OFSTATE GEICOGENERALINSURANCECOMPANY AS SUBROGEE OF RAYDIRYDIAZ ET AL Plaintiff(s) against Cynjust LLC et al Defendant(s) STATEOF NEWYORK) DESCRIPTIONOFPERSON SERVED: Approx. Age: 60 yrs COUNTY OFALBANY ) SS CITY OFALBANY ) Weight: 120 Ibs Height: 5' 1" Sex: Female Color of skin: White Hair color: Brown Other: Robert Guyette , being duly sworn, deposes and says: deponent is over the age of eighteen (18) years; is not a party to this action, and resides in the State of NY, and that on March 29, 2023 , at 1:25 PM , at the office of the Secretary of State of the located at 99 Washington Ave, 6th FI, Albany, New York 12231 deponent served: RAI n ray Summons& Verified Complaint APR 05 2023 on . . . Cynjust LLC - - the Defendant in this action, by delivering to and leaving with Nancy Dougherty AUTHORIZEDAGENTin the Office of the Secretary of State, of the State of NewYork, personally at the Office of the Secretary of State of the State of NewYork, two (2) true copies thereof and that at the time of making such service, deponent paid said Secretary of State a fee of $40 dollars; That said service was made pursuant to Section LIMITED LIABILITY COMPANY LAW§303. Deponent further says that deponent knew the person so served as aforesaid to be the agent in the Office of the Secretary of State of the State of NewYork, duly authorized to accept such service on behalf of said defendant. Sworn to before me on this 29th day of March, 2023 Robert Guyette Invoice"Work 2312764 Order # Attorney File # 8707945 FAITH C NOTARYPUBUC,State of NewYork No. 01C06158874, Albany County Commission Expires Jan 8, 2027 13 of 24 FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 FILED COURTOFTHECITY OF NEWYORK CIVIL COUNTY OFQUEENS .....-................._.................._................x GEICO GENERAL INSURANCE COMPANYAS 0081 edEENSC SUBROGEEOFRAYDIRYDIAZ and JOEWYNDIAZ, INDEX NO.: 458^/2023 VERIFIED ANSTÝER, Plaintiff, NOTICEFORDISCOVERY ANDINSPECTION, AND - against - COMBINEDDEMANDS CYNJUSTLLC and JUSTIC ASSIFUAH, Our File No.: 1119950 Case ID No.: 124563 Defendant(s). Your File No.: 22-0154987 ____..--...._............._..........._____.____.-X The Defendant(s) CYNJUSTLLC and JUSTICE ASSIFUAHs/h/a JUSTIC ASSIFUAH by their/ his/ her attorneys, BAKER, MCEVOY,& MOSKOVITS,answering the Complaint of the Plaintiff herein, respectfully allege upon information and belief, as follows: VERIFIED ANSWER FIRST CAUSEOFACTION Deny(ies) each and every allegation in the paragraphs of the complaint designated as follows: 5,6,7,8. Deny(ies) any knowledge or information thereof, sufficient to form a belief as to the truth of the allegations contained in the paragraphs of the complaint designated as follows: 1. AFFIRMATIVEDEFENSES FIRST AFFIRMATIVEDEFENSE The Court lacks the personal jurisdiction over the answering Defendant(s) in that the summonsand complaint was not served upon the Defendant(s), and if the summonswas served, it was not served in accordance with the applicable provisions of Article 3 of the C.P.L.R., said provision governing service of process. SECOND AFFIRMATIVEDEFENSE Pursuant to CPLRSection 1412, any damages sustained by the Plaintiff was caused by the culpable conduct of the Plaintiff, including contributory negligence or assumption of risk, and not by the culpable conduct or negligence of this answering Defendant(s). 14 of 24 FILED: KINGS COUNTY CLERK 06/14/2024 08:27 AM INDEX NO. 516485/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2024 THIRD AFFIRMATIVEDEFENSE Upon information and belief, plaintiff(s) failed to mitigate damages. FOURTHAFFIRMATIVEDEFENSE Plaintiff(s) damages, if any, are limited by the offset provisions of Section 15-108 of the General Obligations Law. FIFTH AFFIRMATIVEDEFENSE Pursuant to 49 USC30106, since the driver leased the vehicle, the corporate defendant has no vicarious liability for the accident and there is no cause of action stated against it and the Complaint as against the corporate defendant must be dismissed. RESERVATION OF RIGHTS Defendant(s) reserve(s) the right to amendthe answer, defenses, and/or any counterclaims and cross claims at a later date. WHEREFORE,the answering Defendant(s) demandjudgment dismissing the complaint of the Plaintiff herein, together with the costs and disbursement of this action. Dated: Brooklyn, NewYork July 6, 2023 Baker, McEvoy & Moskovits,. for the De endant(s) CYNJUSTLLC and JUSTICE ASSIFUAHs/h/a JUSTIC ASSIFUAH 5 Broadway, Suite 3 Freeport, New York 1 1520