Preview
FILED: ROCKLAND COUNTY CLERK 09/23/2021 12:15 PM INDEX NO. 035494/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
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ALLSTATE INSURANCE COMPANY AS SUMMONS
SUBROGEE OF EDVIKA POPILSKIS,
Plaintiff, Venue is based on the location of the
accident
vs.
Upon information and belief, the
UPS GROUND FREIGHT, INC. and VALERIY accident occurred in Rockland County
KOVALENKO,
Defendants.
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To the above-named Defendants:
YOU ARE HEREBY SUMMONED to appear in Rockland Supreme Court at the courthouse
located at 1 S Main St, New City, NY 10956 within the time provided by law as noted below and
to file your Answer to the Summons and Complaint in this action and to serve a 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 within twenty (20) days after the service of this Summons exclusive of
the days of service (or within thirty (30) days the service is complete if this Summons is not
personally delivered to you within the State of New York): and in the case of your failure to
appear or answer, Judgment will be taken against you by default for the relief demanded in the
Complaint.
DATED: Tarrytown, NY
September 21, 2021
Yours, etc.,
Law Offices of John Trop
By:
Robert Adamo, Esq.
Attorney for Plaintiff
ALLSTATE INSURANCE COMPANY AS
SUBROGEE OF EDVIKA POPILSKIS
120 White Plains Road, Suite 200
Tarrytown, NY 10591
Telephone:(914) 620-0036
File No. 0613754597.1
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TO: UPS GROUND FREIGHT, INC.
c/o Corporation Service Company
80 State St
Albany, NY 12207
VALERIY KOVALENKO
via NY VTL §253
33 SPRING HOLLOW RD
SUSSEX NJ 07461-3067
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FILED: ROCKLAND COUNTY CLERK 09/23/2021 12:15 PM INDEX NO. 035494/2021
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
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ALLSTATE INSURANCE COMPANY AS COMPLAINT
SUBROGEE OF EDVIKA POPILSKIS,
Plaintiff,
vs.
UPS GROUND FREIGHT, INC. and VALERIY
KOVALENKO,
Defendants.
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Plaintiff, ALLSTATE INSURANCE COMPANY, as Subrogee of its insured, EDVIKA
POPILSKIS, as and for its complaint against the Defendants, alleges upon information and belief:
1. Plaintiff, ALLSTATE INSURANCE COMPANY is a foreign corporation
authorized to conduct business in the State of New York with offices in the County of Rockland.
2. At all times hereinafter mentioned, Subrogor, EDVIKA POPILSKIS, was/is
a resident of the County of Rockland, State of New York.
3. At all times hereinafter mentioned, Subrogor, EDVIKA POPILSKIS, was
the owner of a 2019 Mercedes Benz vehicle with New York State registration AMM9171.
4. At all times hereinafter mentioned, Subrogor EDVIKA POPILSKIS’ 2019
Mercedes Benz vehicle with New York State registration AMM9171 was legally parked in a
parking space on Cleveland Avenue in the Village of New Square in Rockland County.
5. At all times hereinafter mentioned, Defendant VALERIY KOVALENKO
was a resident of the State of New Jersey.
6. At all times hereinafter mentioned, Defendant UPS GROUND FREIGHT,
INC., was a foreign corporation that engages in a national parcel and freight delivery service.
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7. On January 27, 2021, Defendant UPS GROUND FREIGHT, INC. was the
owner of a 2006 Volvo vehicle with Indiana registration 2536701.
8. On January 27, 2021, Defendant VALERIY KOVALENKO was the
operator of a 2006 Volvo vehicle with Indiana registration 2536701.
9. On January 27, 2021, Defendant VALERIY KOVALENKO operated a
2006 Volvo vehicle with Indiana registration 2536701 with the permission of Defendant, UPS
GROUND FREIGHT, INC.
10. On January 27, 2021, Defendant VALERIY KOVALENKO operated a
2006 Volvo vehicle with Indiana registration 2536701 in the regular course of his employment
with Defendant, UPS GROUND FREIGHT, INC.
11. On January 27, 2021, Defendant VALERIY KOVALENKO operated a
2006 Volvo vehicle with Indiana registration 2536701 in the furtherance of the business of
Defendant, UPS GROUND FREIGHT, INC.
12. On January 27, 2021, the Cleveland Avenue was a public highway located
in the Village of New Square, County of Rockland.
13. On January 27, 2021, while driving at the location described above, at
approximately 12:20 AM, the 2006 Volvo vehicle with Indiana registration 2536701 operated by
Defendant VALERIY KOVALENKO made contact with the parked 2019 Mercedes Benz vehicle
with New York State registration AMM9171 owned by Subrogor EDVIKA POPILSKIS.
14. As a result of the contact described above, the 2019 Mercedes Benz vehicle
with New York State registration AMM9171, owned by Subrogor EDVIKA POPILSKIS, was
damaged.
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15. The aforementioned damage was caused solely by reason of negligence,
carelessness and/or recklessness of the Defendants named above.
16. As a result of the aforementioned damage, Subrogor EDVIKA
POPILSKIS’s vehicle was damaged with a fair market repair value, inclusive of deductible and
rental fees, of $17,423.74.
17. Pursuant to a policy of insurance, then in force and in effect, Plaintiff
reimbursed its insured for the loss and thereby became subrogated to all of itsinsured’s rights,
claims and causes of action against Defendants.
18. As a result, Defendants are liable to Plaintiff in the amount of $17,423.74
plus appropriate interest.
WHEREFORE, Plaintiff demands judgment against the Defendants named above,
jointly, severally and in the alternative for:
1. $17,423.74;
2. Other money damages;
3. Costs of suit;
4. Interest;
5. Such other relief as the Court deems equitable and just.
DATED: Tarrytown, NY
September 21, 2021
ROBERT ADAMO, ESQ.
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Preview
FILED: ROCKLAND COUNTY CLERK 09/23/2021 12:15 PM INDEX NO. 035494/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ----------------------------------------------------------------------------------------------------------------------X ALLSTATE INSURANCE COMPANY AS SUMMONS SUBROGEE OF EDVIKA POPILSKIS, Plaintiff, Venue is based on the location of the accident vs. Upon information and belief, the UPS GROUND FREIGHT, INC. and VALERIY accident occurred in Rockland County KOVALENKO, Defendants. ---------------------------------------------------------------------------------------------------------------------X To the above-named Defendants: YOU ARE HEREBY SUMMONED to appear in Rockland Supreme Court at the courthouse located at 1 S Main St, New City, NY 10956 within the time provided by law as noted below and to file your Answer to the Summons and Complaint in this action and to serve a 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 within twenty (20) days after the service of this Summons exclusive of the days of service (or within thirty (30) days the service is complete if this Summons is not personally delivered to you within the State of New York): and in the case of your failure to appear or answer, Judgment will be taken against you by default for the relief demanded in the Complaint. DATED: Tarrytown, NY September 21, 2021 Yours, etc., Law Offices of John Trop By: Robert Adamo, Esq. Attorney for Plaintiff ALLSTATE INSURANCE COMPANY AS SUBROGEE OF EDVIKA POPILSKIS 120 White Plains Road, Suite 200 Tarrytown, NY 10591 Telephone:(914) 620-0036 File No. 0613754597.1 1 of 5 FILED: ROCKLAND COUNTY CLERK 09/23/2021 12:15 PM INDEX NO. 035494/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2021 TO: UPS GROUND FREIGHT, INC. c/o Corporation Service Company 80 State St Albany, NY 12207 VALERIY KOVALENKO via NY VTL §253 33 SPRING HOLLOW RD SUSSEX NJ 07461-3067 2 2 of 5 FILED: ROCKLAND COUNTY CLERK 09/23/2021 12:15 PM INDEX NO. 035494/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ----------------------------------------------------------------------------------------------------------------------X ALLSTATE INSURANCE COMPANY AS COMPLAINT SUBROGEE OF EDVIKA POPILSKIS, Plaintiff, vs. UPS GROUND FREIGHT, INC. and VALERIY KOVALENKO, Defendants. ---------------------------------------------------------------------------------------------------------------------X Plaintiff, ALLSTATE INSURANCE COMPANY, as Subrogee of its insured, EDVIKA POPILSKIS, as and for its complaint against the Defendants, alleges upon information and belief: 1. Plaintiff, ALLSTATE INSURANCE COMPANY is a foreign corporation authorized to conduct business in the State of New York with offices in the County of Rockland. 2. At all times hereinafter mentioned, Subrogor, EDVIKA POPILSKIS, was/is a resident of the County of Rockland, State of New York. 3. At all times hereinafter mentioned, Subrogor, EDVIKA POPILSKIS, was the owner of a 2019 Mercedes Benz vehicle with New York State registration AMM9171. 4. At all times hereinafter mentioned, Subrogor EDVIKA POPILSKIS’ 2019 Mercedes Benz vehicle with New York State registration AMM9171 was legally parked in a parking space on Cleveland Avenue in the Village of New Square in Rockland County. 5. At all times hereinafter mentioned, Defendant VALERIY KOVALENKO was a resident of the State of New Jersey. 6. At all times hereinafter mentioned, Defendant UPS GROUND FREIGHT, INC., was a foreign corporation that engages in a national parcel and freight delivery service. 3 of 5 FILED: ROCKLAND COUNTY CLERK 09/23/2021 12:15 PM INDEX NO. 035494/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2021 7. On January 27, 2021, Defendant UPS GROUND FREIGHT, INC. was the owner of a 2006 Volvo vehicle with Indiana registration 2536701. 8. On January 27, 2021, Defendant VALERIY KOVALENKO was the operator of a 2006 Volvo vehicle with Indiana registration 2536701. 9. On January 27, 2021, Defendant VALERIY KOVALENKO operated a 2006 Volvo vehicle with Indiana registration 2536701 with the permission of Defendant, UPS GROUND FREIGHT, INC. 10. On January 27, 2021, Defendant VALERIY KOVALENKO operated a 2006 Volvo vehicle with Indiana registration 2536701 in the regular course of his employment with Defendant, UPS GROUND FREIGHT, INC. 11. On January 27, 2021, Defendant VALERIY KOVALENKO operated a 2006 Volvo vehicle with Indiana registration 2536701 in the furtherance of the business of Defendant, UPS GROUND FREIGHT, INC. 12. On January 27, 2021, the Cleveland Avenue was a public highway located in the Village of New Square, County of Rockland. 13. On January 27, 2021, while driving at the location described above, at approximately 12:20 AM, the 2006 Volvo vehicle with Indiana registration 2536701 operated by Defendant VALERIY KOVALENKO made contact with the parked 2019 Mercedes Benz vehicle with New York State registration AMM9171 owned by Subrogor EDVIKA POPILSKIS. 14. As a result of the contact described above, the 2019 Mercedes Benz vehicle with New York State registration AMM9171, owned by Subrogor EDVIKA POPILSKIS, was damaged. 2 4 of 5 FILED: ROCKLAND COUNTY CLERK 09/23/2021 12:15 PM INDEX NO. 035494/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2021 15. The aforementioned damage was caused solely by reason of negligence, carelessness and/or recklessness of the Defendants named above. 16. As a result of the aforementioned damage, Subrogor EDVIKA POPILSKIS’s vehicle was damaged with a fair market repair value, inclusive of deductible and rental fees, of $17,423.74. 17. Pursuant to a policy of insurance, then in force and in effect, Plaintiff reimbursed its insured for the loss and thereby became subrogated to all of itsinsured’s rights, claims and causes of action against Defendants. 18. As a result, Defendants are liable to Plaintiff in the amount of $17,423.74 plus appropriate interest. WHEREFORE, Plaintiff demands judgment against the Defendants named above, jointly, severally and in the alternative for: 1. $17,423.74; 2. Other money damages; 3. Costs of suit; 4. Interest; 5. Such other relief as the Court deems equitable and just. DATED: Tarrytown, NY September 21, 2021 ROBERT ADAMO, ESQ. 3 5 of 5