Preview
15.5
The Commonwealth of Massachusetts
Trial Court
Middlesex, ss Superior Court
Civil Action No.: 14-08312-F
)
Glenford Silver )
)
Plaintiff; )
)
v. )
)
Kirgiz Realty, LLC )
)
Defendant. )
)
AFFIDAVIT OF SEFER OZDEMIR
IN SUPPORT OF
DEFENDANT’S MOTION TO DISMISS
FOR
LACK OF SUBJECT MATTER JURISDICTION
I, Sefer Ozdemir, hereby depose and state the following in support of the Defendant’s Motion To
Dismiss For Lack of Subject Matter Jurisdiction.
1. Jam an individual with a business office and mailing address at 100 Business Street,
Hyde Park, Massachusetts.
2. My wife is Umida Yusupova, the president, treasurer and secretary of Yourelo Your Full-
Service Relocation Corporation, a Massachusetts corporation (“Yourelo”).10.
11.
12,
Iam the general manager of Yourelo. I direct and control all of its day to day operations,
including hiring, firing, operations, purchases, contracts and maintenance of properties
used by it.
I was the manager of the defendant, Kirgiz Realty, LLC, a Massachusetts limited liability
company (“Kirgiz”). I directed and controlled all of its day to day operations.
Kirgiz acquired 585 North Shore Road, Revere, MA (the “Premises”) on November 14,
2006 pursuant to the deed attached hereto as Exhibit A.
The plaintiffs complaint alleges that Kirgiz is liable for injuries allegedly accidentally
incurred by him at the Premises (the “Accident”).
Kirgiz was dissolved on April 30, 2009, prior to the Accident, as evidenced by records of
the Secretary of State attached hereto as Exhibit B.
Since the incorporation of Yourelo, the Member and owner of Kirgiz has at all times been
Yourelo.
As appears from the most recent annual report of Yourelo, attached hereto as Exhibit C,
the business address of Yourelo is the Premises.
At all times pertinent hereto, Yourelo has had its principal place of business at the
Premises, and has been the member and owner of Kirgiz.
Pursuant to c. 156C MGL sec. 46, the affairs of Kirgiz Realty, LLC have been wound up
and its sole asset, the Premises, has been distributed to Yourelo. A copy of the deed of
distribution is attached hereto as Exhibit D.
At the time of the alleged accident, Yourelo was the employer of the plaintiff, as admitted
by Plaintiff's Answer No. 11 to Defendant’s Interrogatories, a copy of which is attached
hereto as Exhibit E.13.
14.
15.
16.
17.
The Plaintiff has admitted in Plaintiff's Answer No. 29 to Defendant’s Interrogatories
that as a result of the alleged accident, the Plaintiff received a $39,403.68 pursuant to his
worker’s compensation claim against Yourelo.
Atall times from the formation of Yourelo to the present, Yourelo and Kirgiz have been
a parent and subsidiary engaged jointly in the moving and storage business. Both
conducted business under the trade name “Gentle Movers”. Neither Yourelo nor Kirgiz
have ever engaged in any other business activity. The Premises has never been used for
any purpose other than the moving and storage business of Yourelo. Yourelo controls,
occupies and maintains the Premises.
Yourelo and Kirgiz have always been engaged in a joint enterprise, conducting a moving
and storage business, with Yourelo providing labor and vehicles, Kirgiz providing a
location from which Yourelo could operate, and Sefer Ozdemir directing and controlling
the business operations.
As general manager of Yourelo and manager of Kirgiz, I directed employees, including
the plaintiff, to provide services for both. Yourelo also paid for real estate taxes due for
the Premises, and materials used at the Premises for repairs and maintenance.
Plaintiff's complaint in this proceeding should be dismissed because his exclusive
remedy for his alleged injuries is under the worker’s compensation statute.
The remainder of this page is intentionally left blank.Signed under the pains and penalties of perjury this 3\- day of October, 2016.EXHIBIT -
Bk: 40745 Pg: 343
wt i | |
: HAT A
YW se OU
i QUITCLAIM DEED © 3k: 40745 De
Pg:843° Doo: DEI
‘ : DED
Page: 1 of 2 14/14/2006 02:33 PM
|, Richard C. DiMare, as Trustee of the North Shore Road Realty Trust, u/dit
dated December 19, 1988 and recorded with Suffolk County Registry of Deeds in Book
15316, Page 66, in and for consideration in the amount of.$800,000.00, receipt of which
is hereby acknowledged GRANTS to KIRGIZ REALTY, LLG, P.O. Box 366411, Boston,
Ma. 02136
with . QUITCLAIM COVENANTS. the following property:
PARCEL!
The land with the buildings thereon, being shown as part of Lot 4A ona plan entitled
“Subdivision of Land in Revere, Massachusetts”, dated December 8, 1965. David
Calichman, Registered Surveyor, recorded with Suffolk Deeds in Book 8006, Page 92,
bounded and described as follows:
SOUTHERLY by North Shore Road, 100 feet, as shown on said plan;
WESTERLY by the remaining land of Lot 4A of Anthony Marmorale and Caroline
Marmorale and the Pines River as shown on said plan, 100 feet;
NORTHERLY by the Pines River as shown on said plan, 100 feet; and
EASTERLY by the Pine River and Lot 4B as shown on said plan to the point of
beginning.
Said premises are hereby conveyed together with the Beach Flats and all riparian rights
appurtenant thereto insofar as private ownership may extend.
Said premises are conveyed subject to easements and restrictions of record, if any
there be, insofar as the same are in force and applicable.
Lit
SBF Neth Shore Pood, Pevert, MA
The land in Revere, Suffolk County, Massachusetts being shown as Lot 4A on a pian
entitled “Plan of Land in Revere, Mass.” dated March 27, 1953 drawn by David
Calichman, Registered Land Surveyor, recorded in Suffolk Registry of Deeds in Book
6869, Page 133, bounded and described as follows:
SOUTHERLY by North Shore Road, four hundred eighty seven (487) feet, more
orless; *,.
MASSAOH
, Sutfolk Coulty Distxict
_ Reben te Date: 11/14/2008 62:03 PM he is ty, “eu
1 Richardson ond Tyler, Li? Ctrlé 066864 24836 Doo# 00132078“ -, MR
13 Cabot Place Fee: $3,848,00 Cons: $800,000.00 It Ro, chic
. ) Gans: ~ 2
. Stoughton, MO o207Z . # . OrderBk: 40745 Pg: 344
WESTERLY by Lot A anda Prige,R r, as shown on said plan;
! He ver z ;
NORTHERLY by the Pines River, as shown Gh said plan;
EASTERLY by the Pines Rivér' and Lot 4B, as shown on said plan.
]
Containing 34,000 square feet more or less and ail according to said plan
Said premises are hereby conveyed together with the Beach Flats and all riparian rights
appurtenant thereto insofar as private ownership may extend.
Excepting and excluding a certain lot conveyed to George H. Ross by deed dated June
17, 1960 and recorded with said Registry of Deeds in Book 7484, Page 444 and
confirmed by deed dated Decombi (7, 1965 and recorded with said Registry of Deeds
in Book 8006, Page 92. rine fo rf
For title reference for Parcel I, see Suffolk Deeds Book 15316, Page 77_
For title reference for Parcel Il, see Suffolk Deeds, Book 15316, Page 78.
——
Witness my hand and seal this 14" day of November, 2006.
: Co Oene,
Richard C. DiMare, Trustee as aforesaid
COMMONWEALTH OF MASSACHUSETTS
vor fa
Suffolk, ss
On this 14° day of November, 2006, before me, the undersigned notary public,
ared Richard C. DiMare, trustee as aforesaid, proved to me through
of identification, which was a Massachusetts driver's license, to be
ge is signed on the preceding or attached document, and
tffat he signed it voluntarily for its stated purpose.
¢ Blu jotary Public
My Commission Expires: March 12, 2010Mass. Corporations, external master page
Prete east eae
Secretary of the ere te rol i Cae
Corporations Division
Business Entity Summary
ID Number: 203717269 .
Summary for: KIRGIZ REALTY, LLC
The exact name of the Domestic Limited Liability Company (LLC): KIRGIZ REALTY, LLC
Entity type: Domestic Limited Liability Company (LLC)
Identification Number: 203717269
Date of Organization in Massachusetts:
11-04-2005
Date of Involuntary Dissolution by Court Last date certain:
Order or by the SOC: 04-30-2009
The location or address where the records are maintained (A PO box is not a valid
location or address):
Address:
City or town, State, Zip code,
Country:
The name and address of the Resident Agent:
Name: SEFER OZDEMIR
Address: 120 BROOKLINE ST.
City or town, State, Zip code, LYNN, MA 01902 USA
Country:
The name and business address of each Manager:
Title Individual name Address
MANAGER, SEFER OZDEMIR 12 BROOKLINE ST. LYNN, MA 01902 USA
In addition to the manager(s), the name and business address of the person(s)
authorized to execute documents to be filed with the Corporations Division:
Title Individual name Address
SOC SIGNATORY |SEFER OZDEMIR 12 BROOKLINE ST. LYNN, MA 01902 USA
The name and business address of the person(s) authorized to execute,
acknowledge, deliver, and record any recordable instrument purporting to affect an
interest in real property:
Title individual name Address
REAL PROPERTY |SEFER OZDEMIR 12 BROOKLINE ST. LYNN, MA 01902 USAMass. Corporations, external master page
Page 2 of 2
Oo O confidential (Merger
Consent Data Allowed
o
Manufacturing
View filings for this business entity:
ALL FILINGS
Annual Report
Annual Report - Professional
Articles of Entity Conversion
Certificate of Amendment
Comments or notes associated with this business entity: :EXHIBIT
MA SOC Filing Number: 201698842330 Date: 10/4/2016 10:54:00 AM C
The Commonwealth of Massachusetts Minimum Fee: $100.00
William Francis Galvin
Secretary of the Commonwealth, Corporations Division
One Ashburton Place, 17th floor
Boston, MA 02108-1512
Telephone: (617) 727-9640
Identification Number: 272528618
41. Exact name of the corporation: YOURELO YOUR FULL-SERVICE RELOCATION CORPORATION
2. Jurisdiction of Incorporation: State: MA Country:
3,4. Street address of the corporation registered office in the commonwealth and the name of the registered
agent at that office:
Name: UMIDA YUSUPOVA
| No. and Street: 585 NORTH SHORE RD.
| City or Town: REVERE State: MA. Zip: 02151 Country: USA Hh
5. Street address of the corporation's principal office:
No. and Street: 585 NORTH SHORE RD.
City or Town: REVERE State: MA. Zip: 02151 Country: USA
6. Provide the name and addresses of the corporation's board of directors and its president, treasurer,
secretary, and if different, its chief executive officer and chief financial officer.
Title Individual Name Address (no PO Box)
First, Middle, Last, Suffix Address, City or Town, State, Zip Code
PRESIDENT UMIDA YUSUPOVA 585 NORTH SHORE RD.
REVERE, MA 02151 USA
‘TREASURER UMIDA YUSUPOVA 586 NORTH SHORE RD.
REVERE, MA 02151 USA
SECRETARY UMIDA YUSUPOVA 586 NORTH SHORE RD.
REVERE, MA 02151 USA
DIRECTOR UMIDA YUSUPOVA 585 NORTH SHORE RD.
REVERE, MA 02151 USA
7. Briefly describe the business of the corporation:
MOVING AND STORAGE SERVICES
8. Capital stock of each class and series:
Par Value Per Share Total Authorized by Articles Total Issued
Class of Stock Enter 0 if no Par of Organization or Amendments and Outstanding
Num of Shares Total Par Value Num of Shares
CNP $0.00000 250,000 ] $0.00 250,000
9. Check here if the stock of the corporation is publicly traded:| 10. Report is filed for fiscal year ending: 12/31/2015
Signed by UMIDA YUSUPOVA , its PRESIDENT
on this 4 Day of October, 2016
© 2001 - 2016 Commonwealth of Massachusetts
All Rights Reserved585 North Shore Road, Revere, MA 02151
EXHIBIT
Bk: 57089 Pg: 91
SPACE ABOVE THIS LINE FOR RECORDING DATA
QUIFCLAIM DEED
Kirgiz Realty, LLC, a Massachusetts limited liability company of 585 North
Shore Road, Revere, MA 02151, for consideration of
One and 00/100 Dollars
($1.00)
Grants to Yourelo Your Full-Service Relocation Corporation, a Massachusetts
corporation of 585 North Shore Road, Revere, MA 02151
with quitclaim covenants
The land with the buildings thereon known as and numbered 585 North Shore Road,
Revere, Massachusetts, as more particularly described on Exhibit A, attached hereto and
incorporated herein by reference.
Kirgiz Realty, LLC having been dissolved by the Secretary of State on April 30, 2009,
this deed is executed and delivered by its duly authorized manager pursuant to MGL
chapter 156, section 46 (a) as a distribution of assets of Kirgiz Realty, LLC to the sole
member of Kirgiz Realty, LLC.
Being all of the same premises conveyed to the grantor by deed of Richard C. DiMare, as
Trustee of the North Shore Road Realty Trust, recorded in Suffolk County Registry of
Deeds, Book 40745, Page 343.
Richardson and Tyler, LLP
3 Cabot Place
Stoughton, Massachusetts 02072
781.341.0000
781.342.2069
2)Bk: 57089 Pg: 92
Witness its hand and seal this__ jf _ day of October, 2016.
KIRGIZ REALTY, LLC
7
COMMONWEALTH OF MASSACHUSETTS
Norfolk, ss
On this __#/ day of October, 2016, Sefer Ozdemir, Manager of Kirgiz Realty,
LLC, personally appeared before me and acknowledged having signed the foregoing
document voluntarily for its stated purpose, whose identity I determined by personal
knowledge, to be the person whose name is signed above.
dl: Lz
eph M. Klements, Notary Public
My Commission Expires: January 22, 2021
JOSEPH M, ELEMENTS
comet te set
My Commission
January 22, 2024
Richardson and Tyler, LLP
3 Cabot Place
Stoughton, Massachusetts 02072
781.341.0000
781.342.2069COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss SUPERIOR COURT
DEPARTMENT OF THE
TRIAL COURT
C.A. No.: 14-08312-F
GLENFORD SILVER
Plaintiff
GLENFORD SILVER’S
vw ANSWERS TO THE DEFENDANT’S
FIRST SET OF INTERROGATORIES
KIRGIZ REALTY, INC,
Defendant
INTERROGATORYNO. 1
Please state your full name, date of birth, social security number, residence, occupation and employer
address at the time of the accident and at; present. ’
¢
Answer No. 1: Glenford Silver, September 13, 1959, 284-19-6144, 349 Salem Street, Medford, MA
02155, | was a maintenance man at YouRello Corporation at the time of the accident, currently | do
odd jobs as an independent contractor. : -
.
INTERROGATORY NO.2
Please state the exact time and date of the accident.
Answer No. 2: | fell on May 29, 2012. It was the early in the day.
INTERROGATORY NO.3
Please state exactly where, in relation to the Premises, the accident occurred in full detail and with
reference to fixed objects and surroundings.
Answer No. 3: I was in the warehouse section of the property. It has no windows. Close to where the
trucks pull up to the warehouse.INTERROGATORY NO.4
Please identify in complete detail how the alleged accident occurted, stating what you saw and did prior
to, during and after the accident and what happened to you in thé order in which the events took place.
Answer No. 4: | was asked to retrieve a ladder from inside the warehouse. I went through a building
and into the warehouse section of the property. There is no lighting i in that part of the building. |
never saw the hole before | fell into it.
INTERROGATORY NO.5
If you claim your injuries resulted from a condition, an object, or the conduct of other persons on or
adjacent to the premises, please identify in complete detail the condition, object, or conduct.
Answer No. 5: There was no lighting in the area where | fell. The hole was impossible to see. Also,
there were no safety rails or protection to prevent me from falling into the hole or even alerting me to
the fact that the hole was there. It was just a hole in the floor in a dark room.
INTERROGATORY NO.6
Kindly identify who or what caused or created the condition, object or the conduct of other persons on
or adjacent to the premises, please identify in complete detail the condition, object or conduct.
Answer No. 6: There were no lights—natural or otherwise—in the room. | could not see. I think the
person in charge of the building should have lighting in the room. Also, there is a hole in the floor.
Whoever owns or is responsible for the property should make sure that the hole is either covered up
or at least have safety equipment to make sure no one falls into the hole.
INTERROGATORY NO.7
Please state when your attention was first called to the alleged condition, object and/or conduct which
purportedly caused your injuries.
Answer No. 7: | was not aware of the hole before | fell into it. That was my first indication that there
was a hole.
INTERROGATORY NO.8
Please state how far in feet you were from the alleged condition, object and/or conduct when you first
saw same.Answer No. 8: | had already fallen in the hole when I first became aware of it.
INTERROGATORY NO.9
Please detail your movements from after you saw the alleged condition, object, and/or conduct until the
moment you were injured.
Answer No. 9: | had already fallen in the hole and suffered my injury when | first became aware the
hole existed.
INTERROGATORYNO. 10
Please detail your movements from after your accident until you arrived home.
Answer No. 10: | continued to work the rest of the day. | did not realize that | was hurt/the extent of
my injuries until the end of the work day when my coworker pointed out that | was walking in an
unusual way. After work | went home.
INTERROGATORYNO. 11
Please identify why you were on or adjacent to the premises purportedly controlled by the defendant at
the time of your accident and how long you had been there prior to the accident.
Answer No. 11:1 was there working for my employer, Yourelo Your Full Service Relocation Corp., | was
in the warehouse at that time to get a ladder.
INTERROGATORYNO. 12
Please identify the lighting conditions, including any artificial lighting, existing at the time of your
accident.
Answer No. 12: There was no lighting in the area where | fell-either natural or artificial.
INTERROGATORYNO. 13
If you have made any other claims for personal injuries against any other person or corporation before
or since the date of this accident kindly state the full details of each claim.
Answer No. 13:1 was involved in a car accident on June 2, 2014. The other driver pulled from a side
street and stuck the passenger side of my car. My neck and right shoulder were strained.
INTERROGATORYNO, 14Please describe fully and in complete detail all injuries which you received as a result of the accident
referred to in your complaint, indicating any that you claim are permanent.
Answer No. 14: | suffered a cervical strain, a lumbar strain, a traumatic trigger thumb injury, a right
hip injury, a contusion to my left knee, and the stump portion of my amputation.
INTERROGATORYNO. 15
If you received medical or any other examination or treatment for the injuries alleged in your complaint,
please state the name and address of each person, doctor, and institution in which you received such
medical or other examination or treatment.
Answer No. 15: | went by Armstrong ambulance on 5/30/12, Lawrence Memorial Hospital on 5/30/12,
Boston Medical Center multiple times between 5/30/12 and 8/7/12, Massachusetts General Hospital
6/4/12, United Prosthetics 6/25/12 to 6/27/12, Boston Sports Medicine on multiple dates, James
Nairus, MD for an IME on 8/18/12 & Peter B. Germond, MD for an Impartial Medical Examination on
11/6/12.
INTERROGATORYNO, 16
Please describe fully and in complete detail the examinations and treatments which you received and
include the date and place of each examination or treatment which was necessary as a result of the
incident referred to in your complaint.
Answer No. 16:1 do not recall all of the treatment | received without reviewing my medical records
which | am told are being given to the defendant.
INTERROGATORYNO. 17
Please were confined to your home, if at all, as result of the accident.
Answer No. 17:1 was at home for approximately a week.
INTERROGATORYNO. 18
Please give the dates on which you were absent from your work, or the dates on which you were unable
to perform your normal daily duties as a result of said incident.
Answer No. 18:1! was out of work approximately 137 weeks and 3 days.
INTERROGATORYNO. 19
If at any time subsequent to the accident you were able to perform some but not all of your usual duties
or activities, please state the dates you were so partially disabled and the duties you could perform.
Answer No. 19:1 continue to not be at 100%., Therefore, | fell that | still suffer from some partial
disability.
INTERROGATORY NO. 20Please state in what way and to what extent, if any, you are presently suffering as a result of the alleged
injuries.
Answer No. 20: My back and my neck are still sore. My thumb is as well.
INTERROGATORY NO. 21
Please give a full description of any accidents, illnesses or diseases which you had within two years prior
_ toand subsequent to the accident alleged in your complaint.
Answer No. 21: None.
INTERROGATORY NO, 22
If you were employed on the date of the alleged accident please state the wages or salary you were
receiving and the name and address of each employer.
Answer No. 22: Yourelo Your Full Service Relocation Corp., my average weekly wage was $305.00.
INTERROGATORY NO. 23
Please state, in an itemized form, all monetary loss and damages sustained by you or your behalf as a
result of the accident.
Answer No. 23:1 suffered medical bills in the amount of approximately $102,456.00. I lost
approximately $38,735.00 in wages.
INTERROGATORY NO. 27.
For each and every person whom you expect to call as an expert witness at trial, kindly state:
a. the identity of each expert by giving his/her name, address, specialty and professional education and
experience;
b, the subject matter on which each such expert is expected to testify;
c. the substance of the facts and opinions to which each such expert is expected to testify; and
d. asummary of the grounds of each opinion.
Answer No. 27 (sic): | expect the records and bills of my treatment to be offered in as evidence but I
have not yet determined what other expert testimony will be offered.
INTERROGATORY NO, 28 .
Please identify by name and address any witnesses to the alleged accident.
Answer No. 28: | was alone at the time of the accident. No one witnessed my fall.INTERROGATORY NO, 29
Please state, in an itemized form, a breakdown of the amount of any worker's
compensation lien, if any, arising from this accident.
Answer No, 29: The total amount J received$39,403.68 via g.l. c. 152.
Signed under the pains and penalties of perjury this 15 day of October 2015.
Glenford SiJyer
Preview
15.5 The Commonwealth of Massachusetts Trial Court Middlesex, ss Superior Court Civil Action No.: 14-08312-F ) Glenford Silver ) ) Plaintiff; ) ) v. ) ) Kirgiz Realty, LLC ) ) Defendant. ) ) AFFIDAVIT OF SEFER OZDEMIR IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION I, Sefer Ozdemir, hereby depose and state the following in support of the Defendant’s Motion To Dismiss For Lack of Subject Matter Jurisdiction. 1. Jam an individual with a business office and mailing address at 100 Business Street, Hyde Park, Massachusetts. 2. My wife is Umida Yusupova, the president, treasurer and secretary of Yourelo Your Full- Service Relocation Corporation, a Massachusetts corporation (“Yourelo”).10. 11. 12, Iam the general manager of Yourelo. I direct and control all of its day to day operations, including hiring, firing, operations, purchases, contracts and maintenance of properties used by it. I was the manager of the defendant, Kirgiz Realty, LLC, a Massachusetts limited liability company (“Kirgiz”). I directed and controlled all of its day to day operations. Kirgiz acquired 585 North Shore Road, Revere, MA (the “Premises”) on November 14, 2006 pursuant to the deed attached hereto as Exhibit A. The plaintiffs complaint alleges that Kirgiz is liable for injuries allegedly accidentally incurred by him at the Premises (the “Accident”). Kirgiz was dissolved on April 30, 2009, prior to the Accident, as evidenced by records of the Secretary of State attached hereto as Exhibit B. Since the incorporation of Yourelo, the Member and owner of Kirgiz has at all times been Yourelo. As appears from the most recent annual report of Yourelo, attached hereto as Exhibit C, the business address of Yourelo is the Premises. At all times pertinent hereto, Yourelo has had its principal place of business at the Premises, and has been the member and owner of Kirgiz. Pursuant to c. 156C MGL sec. 46, the affairs of Kirgiz Realty, LLC have been wound up and its sole asset, the Premises, has been distributed to Yourelo. A copy of the deed of distribution is attached hereto as Exhibit D. At the time of the alleged accident, Yourelo was the employer of the plaintiff, as admitted by Plaintiff's Answer No. 11 to Defendant’s Interrogatories, a copy of which is attached hereto as Exhibit E.13. 14. 15. 16. 17. The Plaintiff has admitted in Plaintiff's Answer No. 29 to Defendant’s Interrogatories that as a result of the alleged accident, the Plaintiff received a $39,403.68 pursuant to his worker’s compensation claim against Yourelo. Atall times from the formation of Yourelo to the present, Yourelo and Kirgiz have been a parent and subsidiary engaged jointly in the moving and storage business. Both conducted business under the trade name “Gentle Movers”. Neither Yourelo nor Kirgiz have ever engaged in any other business activity. The Premises has never been used for any purpose other than the moving and storage business of Yourelo. Yourelo controls, occupies and maintains the Premises. Yourelo and Kirgiz have always been engaged in a joint enterprise, conducting a moving and storage business, with Yourelo providing labor and vehicles, Kirgiz providing a location from which Yourelo could operate, and Sefer Ozdemir directing and controlling the business operations. As general manager of Yourelo and manager of Kirgiz, I directed employees, including the plaintiff, to provide services for both. Yourelo also paid for real estate taxes due for the Premises, and materials used at the Premises for repairs and maintenance. Plaintiff's complaint in this proceeding should be dismissed because his exclusive remedy for his alleged injuries is under the worker’s compensation statute. The remainder of this page is intentionally left blank.Signed under the pains and penalties of perjury this 3\- day of October, 2016.EXHIBIT - Bk: 40745 Pg: 343 wt i | | : HAT A YW se OU i QUITCLAIM DEED © 3k: 40745 De Pg:843° Doo: DEI ‘ : DED Page: 1 of 2 14/14/2006 02:33 PM |, Richard C. DiMare, as Trustee of the North Shore Road Realty Trust, u/dit dated December 19, 1988 and recorded with Suffolk County Registry of Deeds in Book 15316, Page 66, in and for consideration in the amount of.$800,000.00, receipt of which is hereby acknowledged GRANTS to KIRGIZ REALTY, LLG, P.O. Box 366411, Boston, Ma. 02136 with . QUITCLAIM COVENANTS. the following property: PARCEL! The land with the buildings thereon, being shown as part of Lot 4A ona plan entitled “Subdivision of Land in Revere, Massachusetts”, dated December 8, 1965. David Calichman, Registered Surveyor, recorded with Suffolk Deeds in Book 8006, Page 92, bounded and described as follows: SOUTHERLY by North Shore Road, 100 feet, as shown on said plan; WESTERLY by the remaining land of Lot 4A of Anthony Marmorale and Caroline Marmorale and the Pines River as shown on said plan, 100 feet; NORTHERLY by the Pines River as shown on said plan, 100 feet; and EASTERLY by the Pine River and Lot 4B as shown on said plan to the point of beginning. Said premises are hereby conveyed together with the Beach Flats and all riparian rights appurtenant thereto insofar as private ownership may extend. Said premises are conveyed subject to easements and restrictions of record, if any there be, insofar as the same are in force and applicable. Lit SBF Neth Shore Pood, Pevert, MA The land in Revere, Suffolk County, Massachusetts being shown as Lot 4A on a pian entitled “Plan of Land in Revere, Mass.” dated March 27, 1953 drawn by David Calichman, Registered Land Surveyor, recorded in Suffolk Registry of Deeds in Book 6869, Page 133, bounded and described as follows: SOUTHERLY by North Shore Road, four hundred eighty seven (487) feet, more orless; *,. MASSAOH , Sutfolk Coulty Distxict _ Reben te Date: 11/14/2008 62:03 PM he is ty, “eu 1 Richardson ond Tyler, Li? Ctrlé 066864 24836 Doo# 00132078“ -, MR 13 Cabot Place Fee: $3,848,00 Cons: $800,000.00 It Ro, chic . ) Gans: ~ 2 . Stoughton, MO o207Z . # . OrderBk: 40745 Pg: 344 WESTERLY by Lot A anda Prige,R r, as shown on said plan; ! He ver z ; NORTHERLY by the Pines River, as shown Gh said plan; EASTERLY by the Pines Rivér' and Lot 4B, as shown on said plan. ] Containing 34,000 square feet more or less and ail according to said plan Said premises are hereby conveyed together with the Beach Flats and all riparian rights appurtenant thereto insofar as private ownership may extend. Excepting and excluding a certain lot conveyed to George H. Ross by deed dated June 17, 1960 and recorded with said Registry of Deeds in Book 7484, Page 444 and confirmed by deed dated Decombi (7, 1965 and recorded with said Registry of Deeds in Book 8006, Page 92. rine fo rf For title reference for Parcel I, see Suffolk Deeds Book 15316, Page 77_ For title reference for Parcel Il, see Suffolk Deeds, Book 15316, Page 78. —— Witness my hand and seal this 14" day of November, 2006. : Co Oene, Richard C. DiMare, Trustee as aforesaid COMMONWEALTH OF MASSACHUSETTS vor fa Suffolk, ss On this 14° day of November, 2006, before me, the undersigned notary public, ared Richard C. DiMare, trustee as aforesaid, proved to me through of identification, which was a Massachusetts driver's license, to be ge is signed on the preceding or attached document, and tffat he signed it voluntarily for its stated purpose. ¢ Blu jotary Public My Commission Expires: March 12, 2010Mass. Corporations, external master page Prete east eae Secretary of the ere te rol i Cae Corporations Division Business Entity Summary ID Number: 203717269 . Summary for: KIRGIZ REALTY, LLC The exact name of the Domestic Limited Liability Company (LLC): KIRGIZ REALTY, LLC Entity type: Domestic Limited Liability Company (LLC) Identification Number: 203717269 Date of Organization in Massachusetts: 11-04-2005 Date of Involuntary Dissolution by Court Last date certain: Order or by the SOC: 04-30-2009 The location or address where the records are maintained (A PO box is not a valid location or address): Address: City or town, State, Zip code, Country: The name and address of the Resident Agent: Name: SEFER OZDEMIR Address: 120 BROOKLINE ST. City or town, State, Zip code, LYNN, MA 01902 USA Country: The name and business address of each Manager: Title Individual name Address MANAGER, SEFER OZDEMIR 12 BROOKLINE ST. LYNN, MA 01902 USA In addition to the manager(s), the name and business address of the person(s) authorized to execute documents to be filed with the Corporations Division: Title Individual name Address SOC SIGNATORY |SEFER OZDEMIR 12 BROOKLINE ST. LYNN, MA 01902 USA The name and business address of the person(s) authorized to execute, acknowledge, deliver, and record any recordable instrument purporting to affect an interest in real property: Title individual name Address REAL PROPERTY |SEFER OZDEMIR 12 BROOKLINE ST. LYNN, MA 01902 USAMass. Corporations, external master page Page 2 of 2 Oo O confidential (Merger Consent Data Allowed o Manufacturing View filings for this business entity: ALL FILINGS Annual Report Annual Report - Professional Articles of Entity Conversion Certificate of Amendment Comments or notes associated with this business entity: :EXHIBIT MA SOC Filing Number: 201698842330 Date: 10/4/2016 10:54:00 AM C The Commonwealth of Massachusetts Minimum Fee: $100.00 William Francis Galvin Secretary of the Commonwealth, Corporations Division One Ashburton Place, 17th floor Boston, MA 02108-1512 Telephone: (617) 727-9640 Identification Number: 272528618 41. Exact name of the corporation: YOURELO YOUR FULL-SERVICE RELOCATION CORPORATION 2. Jurisdiction of Incorporation: State: MA Country: 3,4. Street address of the corporation registered office in the commonwealth and the name of the registered agent at that office: Name: UMIDA YUSUPOVA | No. and Street: 585 NORTH SHORE RD. | City or Town: REVERE State: MA. Zip: 02151 Country: USA Hh 5. Street address of the corporation's principal office: No. and Street: 585 NORTH SHORE RD. City or Town: REVERE State: MA. Zip: 02151 Country: USA 6. Provide the name and addresses of the corporation's board of directors and its president, treasurer, secretary, and if different, its chief executive officer and chief financial officer. Title Individual Name Address (no PO Box) First, Middle, Last, Suffix Address, City or Town, State, Zip Code PRESIDENT UMIDA YUSUPOVA 585 NORTH SHORE RD. REVERE, MA 02151 USA ‘TREASURER UMIDA YUSUPOVA 586 NORTH SHORE RD. REVERE, MA 02151 USA SECRETARY UMIDA YUSUPOVA 586 NORTH SHORE RD. REVERE, MA 02151 USA DIRECTOR UMIDA YUSUPOVA 585 NORTH SHORE RD. REVERE, MA 02151 USA 7. Briefly describe the business of the corporation: MOVING AND STORAGE SERVICES 8. Capital stock of each class and series: Par Value Per Share Total Authorized by Articles Total Issued Class of Stock Enter 0 if no Par of Organization or Amendments and Outstanding Num of Shares Total Par Value Num of Shares CNP $0.00000 250,000 ] $0.00 250,000 9. Check here if the stock of the corporation is publicly traded:| 10. Report is filed for fiscal year ending: 12/31/2015 Signed by UMIDA YUSUPOVA , its PRESIDENT on this 4 Day of October, 2016 © 2001 - 2016 Commonwealth of Massachusetts All Rights Reserved585 North Shore Road, Revere, MA 02151 EXHIBIT Bk: 57089 Pg: 91 SPACE ABOVE THIS LINE FOR RECORDING DATA QUIFCLAIM DEED Kirgiz Realty, LLC, a Massachusetts limited liability company of 585 North Shore Road, Revere, MA 02151, for consideration of One and 00/100 Dollars ($1.00) Grants to Yourelo Your Full-Service Relocation Corporation, a Massachusetts corporation of 585 North Shore Road, Revere, MA 02151 with quitclaim covenants The land with the buildings thereon known as and numbered 585 North Shore Road, Revere, Massachusetts, as more particularly described on Exhibit A, attached hereto and incorporated herein by reference. Kirgiz Realty, LLC having been dissolved by the Secretary of State on April 30, 2009, this deed is executed and delivered by its duly authorized manager pursuant to MGL chapter 156, section 46 (a) as a distribution of assets of Kirgiz Realty, LLC to the sole member of Kirgiz Realty, LLC. Being all of the same premises conveyed to the grantor by deed of Richard C. DiMare, as Trustee of the North Shore Road Realty Trust, recorded in Suffolk County Registry of Deeds, Book 40745, Page 343. Richardson and Tyler, LLP 3 Cabot Place Stoughton, Massachusetts 02072 781.341.0000 781.342.2069 2)Bk: 57089 Pg: 92 Witness its hand and seal this__ jf _ day of October, 2016. KIRGIZ REALTY, LLC 7 COMMONWEALTH OF MASSACHUSETTS Norfolk, ss On this __#/ day of October, 2016, Sefer Ozdemir, Manager of Kirgiz Realty, LLC, personally appeared before me and acknowledged having signed the foregoing document voluntarily for its stated purpose, whose identity I determined by personal knowledge, to be the person whose name is signed above. dl: Lz eph M. Klements, Notary Public My Commission Expires: January 22, 2021 JOSEPH M, ELEMENTS comet te set My Commission January 22, 2024 Richardson and Tyler, LLP 3 Cabot Place Stoughton, Massachusetts 02072 781.341.0000 781.342.2069COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT C.A. No.: 14-08312-F GLENFORD SILVER Plaintiff GLENFORD SILVER’S vw ANSWERS TO THE DEFENDANT’S FIRST SET OF INTERROGATORIES KIRGIZ REALTY, INC, Defendant INTERROGATORYNO. 1 Please state your full name, date of birth, social security number, residence, occupation and employer address at the time of the accident and at; present. ’ ¢ Answer No. 1: Glenford Silver, September 13, 1959, 284-19-6144, 349 Salem Street, Medford, MA 02155, | was a maintenance man at YouRello Corporation at the time of the accident, currently | do odd jobs as an independent contractor. : - . INTERROGATORY NO.2 Please state the exact time and date of the accident. Answer No. 2: | fell on May 29, 2012. It was the early in the day. INTERROGATORY NO.3 Please state exactly where, in relation to the Premises, the accident occurred in full detail and with reference to fixed objects and surroundings. Answer No. 3: I was in the warehouse section of the property. It has no windows. Close to where the trucks pull up to the warehouse.INTERROGATORY NO.4 Please identify in complete detail how the alleged accident occurted, stating what you saw and did prior to, during and after the accident and what happened to you in thé order in which the events took place. Answer No. 4: | was asked to retrieve a ladder from inside the warehouse. I went through a building and into the warehouse section of the property. There is no lighting i in that part of the building. | never saw the hole before | fell into it. INTERROGATORY NO.5 If you claim your injuries resulted from a condition, an object, or the conduct of other persons on or adjacent to the premises, please identify in complete detail the condition, object, or conduct. Answer No. 5: There was no lighting in the area where | fell. The hole was impossible to see. Also, there were no safety rails or protection to prevent me from falling into the hole or even alerting me to the fact that the hole was there. It was just a hole in the floor in a dark room. INTERROGATORY NO.6 Kindly identify who or what caused or created the condition, object or the conduct of other persons on or adjacent to the premises, please identify in complete detail the condition, object or conduct. Answer No. 6: There were no lights—natural or otherwise—in the room. | could not see. I think the person in charge of the building should have lighting in the room. Also, there is a hole in the floor. Whoever owns or is responsible for the property should make sure that the hole is either covered up or at least have safety equipment to make sure no one falls into the hole. INTERROGATORY NO.7 Please state when your attention was first called to the alleged condition, object and/or conduct which purportedly caused your injuries. Answer No. 7: | was not aware of the hole before | fell into it. That was my first indication that there was a hole. INTERROGATORY NO.8 Please state how far in feet you were from the alleged condition, object and/or conduct when you first saw same.Answer No. 8: | had already fallen in the hole when I first became aware of it. INTERROGATORY NO.9 Please detail your movements from after you saw the alleged condition, object, and/or conduct until the moment you were injured. Answer No. 9: | had already fallen in the hole and suffered my injury when | first became aware the hole existed. INTERROGATORYNO. 10 Please detail your movements from after your accident until you arrived home. Answer No. 10: | continued to work the rest of the day. | did not realize that | was hurt/the extent of my injuries until the end of the work day when my coworker pointed out that | was walking in an unusual way. After work | went home. INTERROGATORYNO. 11 Please identify why you were on or adjacent to the premises purportedly controlled by the defendant at the time of your accident and how long you had been there prior to the accident. Answer No. 11:1 was there working for my employer, Yourelo Your Full Service Relocation Corp., | was in the warehouse at that time to get a ladder. INTERROGATORYNO. 12 Please identify the lighting conditions, including any artificial lighting, existing at the time of your accident. Answer No. 12: There was no lighting in the area where | fell-either natural or artificial. INTERROGATORYNO. 13 If you have made any other claims for personal injuries against any other person or corporation before or since the date of this accident kindly state the full details of each claim. Answer No. 13:1 was involved in a car accident on June 2, 2014. The other driver pulled from a side street and stuck the passenger side of my car. My neck and right shoulder were strained. INTERROGATORYNO, 14Please describe fully and in complete detail all injuries which you received as a result of the accident referred to in your complaint, indicating any that you claim are permanent. Answer No. 14: | suffered a cervical strain, a lumbar strain, a traumatic trigger thumb injury, a right hip injury, a contusion to my left knee, and the stump portion of my amputation. INTERROGATORYNO. 15 If you received medical or any other examination or treatment for the injuries alleged in your complaint, please state the name and address of each person, doctor, and institution in which you received such medical or other examination or treatment. Answer No. 15: | went by Armstrong ambulance on 5/30/12, Lawrence Memorial Hospital on 5/30/12, Boston Medical Center multiple times between 5/30/12 and 8/7/12, Massachusetts General Hospital 6/4/12, United Prosthetics 6/25/12 to 6/27/12, Boston Sports Medicine on multiple dates, James Nairus, MD for an IME on 8/18/12 & Peter B. Germond, MD for an Impartial Medical Examination on 11/6/12. INTERROGATORYNO, 16 Please describe fully and in complete detail the examinations and treatments which you received and include the date and place of each examination or treatment which was necessary as a result of the incident referred to in your complaint. Answer No. 16:1 do not recall all of the treatment | received without reviewing my medical records which | am told are being given to the defendant. INTERROGATORYNO. 17 Please were confined to your home, if at all, as result of the accident. Answer No. 17:1 was at home for approximately a week. INTERROGATORYNO. 18 Please give the dates on which you were absent from your work, or the dates on which you were unable to perform your normal daily duties as a result of said incident. Answer No. 18:1! was out of work approximately 137 weeks and 3 days. INTERROGATORYNO. 19 If at any time subsequent to the accident you were able to perform some but not all of your usual duties or activities, please state the dates you were so partially disabled and the duties you could perform. Answer No. 19:1 continue to not be at 100%., Therefore, | fell that | still suffer from some partial disability. INTERROGATORY NO. 20Please state in what way and to what extent, if any, you are presently suffering as a result of the alleged injuries. Answer No. 20: My back and my neck are still sore. My thumb is as well. INTERROGATORY NO. 21 Please give a full description of any accidents, illnesses or diseases which you had within two years prior _ toand subsequent to the accident alleged in your complaint. Answer No. 21: None. INTERROGATORY NO, 22 If you were employed on the date of the alleged accident please state the wages or salary you were receiving and the name and address of each employer. Answer No. 22: Yourelo Your Full Service Relocation Corp., my average weekly wage was $305.00. INTERROGATORY NO. 23 Please state, in an itemized form, all monetary loss and damages sustained by you or your behalf as a result of the accident. Answer No. 23:1 suffered medical bills in the amount of approximately $102,456.00. I lost approximately $38,735.00 in wages. INTERROGATORY NO. 27. For each and every person whom you expect to call as an expert witness at trial, kindly state: a. the identity of each expert by giving his/her name, address, specialty and professional education and experience; b, the subject matter on which each such expert is expected to testify; c. the substance of the facts and opinions to which each such expert is expected to testify; and d. asummary of the grounds of each opinion. Answer No. 27 (sic): | expect the records and bills of my treatment to be offered in as evidence but I have not yet determined what other expert testimony will be offered. INTERROGATORY NO, 28 . Please identify by name and address any witnesses to the alleged accident. Answer No. 28: | was alone at the time of the accident. No one witnessed my fall.INTERROGATORY NO, 29 Please state, in an itemized form, a breakdown of the amount of any worker's compensation lien, if any, arising from this accident. Answer No, 29: The total amount J received$39,403.68 via g.l. c. 152. Signed under the pains and penalties of perjury this 15 day of October 2015. Glenford SiJyer