Preview
FILED: QUEENS COUNTY CLERK 01/16/2019 02:51 PM INDEX NO. 700918/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS Date Purchased:
X Index No:
VICTORIA KOPAIKIN
Plaintiff(s),
designate
Plaintiff(s) QUEENS County as
-a g a i n s t- the
the place of trial.
The basisof venue is
Defendant, City of New York residence:
CITY OF NEW YORK; 2575 46th Street, Long Island NY
NEW YORK CITY SANITATION DEPARTMENT; and 11103.
GUSTAV J. PLAGAINOS and AZIZDJON SAIPOV
Defendant(s).
X
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to Answer the Complaint in this action and to serve
a copy of your Answer, or, ifthe Complaint is not served with this Summons, to serve a Notice
of Appearance, on the Plaintiffs attorney within twenty (20) days after the service of this
Summons, exclusive of the date of service (or within thirty (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, judgmêñt will be taken against you for the relief
demanded in the Complaint.
DATED:
Yours, etc.
James Gundlg h squire
Ashley N. Guarino, Esquire
Simon & Simon PC
Attorneys for Plaintiff(s)
5 Penn Plaza, 19th Floor
Manhattan, New York 10001
Phone # 212-235-1060
(KOPAIKIN) NY MVA COMPLAINT
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DEFENDANTS'
ADDRESSES:
Gustav J. Plagainos City of New York
92 Delafield Place 1 Centre Street, Room 1200
Staten Island, NY 10310 New York, NY 10007
New York City Sanitation Department Azizdjon Saipov
125 Worth Street 420 Avenue F, Apt 6D
New York, NY 10013 Brooklyn, NY 11218
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS Date Purchased:
X Index No:
VICTORIA KOPAIKIN
Plaintiff(s),
yggypygp
COMPLAINT
-a g a i n s t-
CITY OF NEW YORK;
NEW YORK CITY SANITATION DEPARTMENT; and
GUSTAV J. PLAGAINOS and AZIZDJON SAIPOV
Defendant(s).
--------- X
Plaintiff(s), by their attorneys, SIMON & SIMON, complaining of the Defeñdants, allege
as follows:
1. That at alltimes hereinafter mentioned, Plaintiff was and stillis a resident of the County
of Queens, State of New York.
2. That at alltimes hereinafter mentioned, Defendant, Gustav J. Plagaiños, was and stillis a
resident of the County of Richmond, State of New York.
3. That at alltimes hereinafter mentioned, Defendant, Gustav J. Plagainos, was and stillis
employed Defendant of New York and Defendant New York City Sanitation
by City
Department.
4. That at alltimes hereinafter mentioned, Defendant, City of New York, was and stillis a
political entity within the State of New York.
5. That at alltimes hereinafter mentioned, Defendant, New York City Sanitation
Department, was and still is a subsidiary of Defendant, City of New York.
6. That at alltimes hereinafter mentioned, Defendant, Azizdjon Saipov, was and stillis a
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resident of the County of Brooklyn, State of New York.
7. That at alltimes hereinafter mentioned, Route 139 and J.F.K Boulevard were and stillare
public roadways in the Town of Jersey City, County of Hudson, State of New Jersey.
8. That at alltimes hereinafter mentioned, Plaintiff, Victoria Kopaikin, was a passenger a
certain motor vehicle, operated by Defendant, Azizdjon Saipov, bearing the New York State
License Plate No.: T742349C.
9. That at all times hereinafter mentioned, Defendant, Gustav J. Plagainos, operated a
certain motor vehicle bearing the New York State License Plate No. AU8263, owned by
Defendant, City of New York.
10. That at all times hereinafter mentioned Defendant, Gustav J. Plagainos, operated the
aforementioned vehicle with knowledge and consent of Defendants, New York City Sanitation
Department and City of New York.
11. That on or about February 20, 2018, the Defendants, Azizdjon Saipov and Gustav J.
Piegaines, operated their aforementioned vehicles in such a careless and negligent manner so as
to cause a motor vehicle collision.
12. That as a result of the aforesaid incident, the Plaintiff, was caused to suffer severe
personal injuries, was rendered sick, sore, lame and disabled and caused to expend large amounts
for the medical care and treatment of the aforesaid injuries.
13. That the injuries complained of were solely as a result of the negligence of the
Defendants herein.
14. That Plaintiff suffered a serious injury as defined in New York State Insurance Law
section 5102.
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15. The injuries suffered arise out of an incident enumerated in the exceptions set forth in
CPLR 1602.
16. The damages sought exceed the jurisdictional limitation of any lower court.
17. That as a result of the aforesaid Plaintiff, has been caused physical pain, mental anguish
and emotional distress all to her daniage in an amount to be determined by the trier of fact.
Dated:
Attorneys for R1ain ff(s)
3
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--------------------------------- X Index No:
VICTORIA KOPAIKIN
Plaintiff(s),
VERIFICATION
-a g a i n s t-
CITY OF NEW YORK;
NEW YORK CITY SANITATION DEPARTMENT; and
GUSTAV J. PLAGAINOS and AZIZDJON SAIPOV
Defendant(s).
----------- ------ ---------------X
STATE OF NEW YORK )
) ss.
COUNTY OF QUEENS )
, being duly sworn, depose and says that he isone of the
attorneys for the plaintiff in the above-entitled action; that he has read the foregaing Summons &
Complaint, and that the same is true to his own knowledge, except as to those matters stated
therein to be alleged on information and belief, and as to those matters, he believes them to be
true.
This verification is made by deponent instead of the said plaintiff because the plaintiff resides
outside the County of New York where deponent rnaintains his offices.
James Qupdlach, Esquire
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Preview
FILED: QUEENS COUNTY CLERK 01/16/2019 02:51 PM INDEX NO. 700918/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Date Purchased: X Index No: VICTORIA KOPAIKIN Plaintiff(s), designate Plaintiff(s) QUEENS County as -a g a i n s t- the the place of trial. The basisof venue is Defendant, City of New York residence: CITY OF NEW YORK; 2575 46th Street, Long Island NY NEW YORK CITY SANITATION DEPARTMENT; and 11103. GUSTAV J. PLAGAINOS and AZIZDJON SAIPOV Defendant(s). X TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to Answer the Complaint in this action and to serve a copy of your Answer, or, ifthe Complaint is not served with this Summons, to serve a Notice of Appearance, on the Plaintiffs attorney within twenty (20) days after the service of this Summons, exclusive of the date of service (or within thirty (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, judgmêñt will be taken against you for the relief demanded in the Complaint. DATED: Yours, etc. James Gundlg h squire Ashley N. Guarino, Esquire Simon & Simon PC Attorneys for Plaintiff(s) 5 Penn Plaza, 19th Floor Manhattan, New York 10001 Phone # 212-235-1060 (KOPAIKIN) NY MVA COMPLAINT 1 of 6 FILED: QUEENS COUNTY CLERK 01/16/2019 02:51 PM INDEX NO. 700918/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019 DEFENDANTS' ADDRESSES: Gustav J. Plagainos City of New York 92 Delafield Place 1 Centre Street, Room 1200 Staten Island, NY 10310 New York, NY 10007 New York City Sanitation Department Azizdjon Saipov 125 Worth Street 420 Avenue F, Apt 6D New York, NY 10013 Brooklyn, NY 11218 Z:\DATA\VICKI KOPAIKIN\(KOPAIKIN) NY MVA COMPLAINT.DOCX 2 of 6 FILED: QUEENS COUNTY CLERK 01/16/2019 02:51 PM INDEX NO. 700918/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Date Purchased: X Index No: VICTORIA KOPAIKIN Plaintiff(s), yggypygp COMPLAINT -a g a i n s t- CITY OF NEW YORK; NEW YORK CITY SANITATION DEPARTMENT; and GUSTAV J. PLAGAINOS and AZIZDJON SAIPOV Defendant(s). --------- X Plaintiff(s), by their attorneys, SIMON & SIMON, complaining of the Defeñdants, allege as follows: 1. That at alltimes hereinafter mentioned, Plaintiff was and stillis a resident of the County of Queens, State of New York. 2. That at alltimes hereinafter mentioned, Defendant, Gustav J. Plagaiños, was and stillis a resident of the County of Richmond, State of New York. 3. That at alltimes hereinafter mentioned, Defendant, Gustav J. Plagainos, was and stillis employed Defendant of New York and Defendant New York City Sanitation by City Department. 4. That at alltimes hereinafter mentioned, Defendant, City of New York, was and stillis a political entity within the State of New York. 5. That at alltimes hereinafter mentioned, Defendant, New York City Sanitation Department, was and still is a subsidiary of Defendant, City of New York. 6. That at alltimes hereinafter mentioned, Defendant, Azizdjon Saipov, was and stillis a 3 of 6 FILED: QUEENS COUNTY CLERK 01/16/2019 02:51 PM INDEX NO. 700918/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019 resident of the County of Brooklyn, State of New York. 7. That at alltimes hereinafter mentioned, Route 139 and J.F.K Boulevard were and stillare public roadways in the Town of Jersey City, County of Hudson, State of New Jersey. 8. That at alltimes hereinafter mentioned, Plaintiff, Victoria Kopaikin, was a passenger a certain motor vehicle, operated by Defendant, Azizdjon Saipov, bearing the New York State License Plate No.: T742349C. 9. That at all times hereinafter mentioned, Defendant, Gustav J. Plagainos, operated a certain motor vehicle bearing the New York State License Plate No. AU8263, owned by Defendant, City of New York. 10. That at all times hereinafter mentioned Defendant, Gustav J. Plagainos, operated the aforementioned vehicle with knowledge and consent of Defendants, New York City Sanitation Department and City of New York. 11. That on or about February 20, 2018, the Defendants, Azizdjon Saipov and Gustav J. Piegaines, operated their aforementioned vehicles in such a careless and negligent manner so as to cause a motor vehicle collision. 12. That as a result of the aforesaid incident, the Plaintiff, was caused to suffer severe personal injuries, was rendered sick, sore, lame and disabled and caused to expend large amounts for the medical care and treatment of the aforesaid injuries. 13. That the injuries complained of were solely as a result of the negligence of the Defendants herein. 14. That Plaintiff suffered a serious injury as defined in New York State Insurance Law section 5102. 2 4 of 6 FILED: QUEENS COUNTY CLERK 01/16/2019 02:51 PM INDEX NO. 700918/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019 15. The injuries suffered arise out of an incident enumerated in the exceptions set forth in CPLR 1602. 16. The damages sought exceed the jurisdictional limitation of any lower court. 17. That as a result of the aforesaid Plaintiff, has been caused physical pain, mental anguish and emotional distress all to her daniage in an amount to be determined by the trier of fact. Dated: Attorneys for R1ain ff(s) 3 5 of 6 FILED: QUEENS COUNTY CLERK 01/16/2019 02:51 PM INDEX NO. 700918/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/16/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------- X Index No: VICTORIA KOPAIKIN Plaintiff(s), VERIFICATION -a g a i n s t- CITY OF NEW YORK; NEW YORK CITY SANITATION DEPARTMENT; and GUSTAV J. PLAGAINOS and AZIZDJON SAIPOV Defendant(s). ----------- ------ ---------------X STATE OF NEW YORK ) ) ss. COUNTY OF QUEENS ) , being duly sworn, depose and says that he isone of the attorneys for the plaintiff in the above-entitled action; that he has read the foregaing Summons & Complaint, and that the same is true to his own knowledge, except as to those matters stated therein to be alleged on information and belief, and as to those matters, he believes them to be true. This verification is made by deponent instead of the said plaintiff because the plaintiff resides outside the County of New York where deponent rnaintains his offices. James Qupdlach, Esquire Z:\DATA\VICKI KOPAIKIN\(KOPAIKIN)NYMVA COMPLAINT.DOCX 6 of 6