Preview
FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----- ------- -----------------X
Index No.:
MOHAMAD TOUFIC EID,
Date Filed:
Plaintiff,
SUMMONS
-against-
Plaintiff designates Kings
County as the place of trial.
The basis of venue is
CINE MAGIC EAST RIVER STUDIOS, LLC and
Plaintiff's residence.
SALLY T. KAPSALIS,
Plaintiff resides at
Defendants.
11th
--------------- 7524 Avenue
----------------------------------------X
Brooklyn, NY 11228
County of Kings
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, if the complaint is not served with the summons, to serve a
notice of appearance on plaintiff's attorneys within twenty (20) days after service of this
summons, exclusive of the day of service, or within thirty (30) days after service is complete if
this summons is not personally delivered to you within the State of New York. In case of your
failure to answer, Judgment will be taken against you by default for the relief demanded in the
Complaint.
DATED: Brooklyn, New York
October 29, 2018
Yours, etc.,
Mari Milorava-Kelman, Esq.
CHERNY & PODOLSKY, PLLC
Attorneys for Plaintiff
MOHAMAD TOUFIC EID
12th 4th
1723 EAST street, FlOOr
Brooklyn, NY 11229
(718) 449-5100
File No.: 8986
1 of 9
FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
DEFENDANTS'
ADDRESSES:
CINE MAGIC EAST RIVER STUDIOS, LLC
c/o NEW YORK SECRETARY OF STATE
SALLY T. KAPSALIS
41 Trossach Road
Staten Island, NY 10304
2 of 9
FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------- ----------- -------X
MOHAMAD TOUFIC EID, Index No.:
Plaintiff,
VERIFIED CO_MPLAINT
-against-
C1NE MAGIC EAST RIVER STUDIOS, LLC and
SALLY T. KAPSALIS,
Defendants.
-------------------------------------------- X
Plaintiff, MOHAMAD TOUFIC EID, by his attorneys, CHERNY & PODOLSKY,
PLLC, complaining of the defendants herein, respectfully alleges upon information and belief as
follows:
1) Plaintiff, MOHAMAD TOUFIC EID, was and stillis a resident of the County of
Kings, City County and State of New York.
2) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, was and still is a
resident of the County of Kings, City and State of New York.
3) Defendant, SALLY T. KAPSALIS, was and still is a resident of the County of
Richmond, City and State of New York.
4) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, was and still is a
domestic limited liability company duly organized and existing under and by virtue of the laws
of the State of New York.
5) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, was and still is a
domestic limited liability corspany duly authorized to do business in the State of New York.
6) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, was and still is a
3 of 9
FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
domestic limited liability company duly registered to transact business in the State of New York.
7) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, was and stillis a
domestic limited liability company doing business within the State of New York.
8) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, does and/or solicits
business within the State of New York.
8) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC derives substantial
revenue from goods used or consumed or services rendered in the State of New York.
9) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, derives substantial
revenue from interstate or international commerce.
10) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, expected or
reasonably should have expected its acts and business activities to have consequences within the
State of New York.
11) On or about May 31, 2018, defendant, CINE MAGIC EAST RIVER
STUDIOS, LLC, was the owner of a 2015 Jeep motor vehicle bearing State of New York
registration number HFM4754.
12) On or about May 31, 2018, defendant, CINE MAGIC EAST RIVER
STUDIOS, LLC, maintained a 2015 Jeep motor vehicle bearing State of New York registration
number HFM4754.
13) On or about May 31, 2018, defendant, CINE MAGIC EAST RIVER
STUDIOS, LLC, controlled a 2015 Jeep motor vehicle bearing State of New York registration
number HFM4754.
14) On or about May 31, 2018 defendant, SALLY T. KAPSALIS, was an agent,
servant, employee of defendant, CINE MAGIC EAST RIVER STUDIOS, LLC.
4 of 9
FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
15) On or about May 31, 2018, defendant, SALLY T. KAPSALIS, was operating a
2015 Jeep motor vehicle bearing State of New York registration number HFM4754.
16) On or about May 31, 2018, defendant, SALLY T. KAPSALIS, was controlling a
2015 Jeep motor vehicle bearing State of New York registration number HFM4754.
17) On or about May 31, 2018, defendant, SALLY T. KAPSALIS, was operating a
2015 Jeep motor vehicle bearing State of New York registration number HFM4754 with the
knowledge of the defendant owner.
18) On or about May 31, 2018, defendant, SALLY T. KAPSALIS, was operating a
2015 Jeep motor vehicle bearing State of New York registration number HFM4754 with the
permission of the defendant owner.
19) On or about May 31, 2018, defendant, SALLY T. KAPSALIS, was operating a
2015 Jeep motor vehicle bearing State of Florida registration number HFM4754 with the express
consent of the defendant owner.
20) On or about May 31, 2018, defendant, SALLY T. KAPSALIS, was operating a
2015 Jeep motor vehicle bearing State of New York registration number HFM4754 with the
implied consent of the defendant owner.
21) On or about May 31, 2018, defendant, SALLY T. KAPSALIS was operating a
13th
2015 Jeep motor vehicle bearing State of New York registration number HFM4754 on
79th
Avenue at or near itsintersection with Street, County of Kings, City and State of New York.
22) On or about May 31, 2018, defendant, SALLY T. KAPSALIS, was operating a
2015 Jeep motor vehicle bearing State of New York registration number HFM4754 within the
scope of his employment.
13th 79th
23) At all times hereinafter mentioned, Avenue and Street, in the County of
5 of 9
FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
Kings, City and State of New York, are and were public roadways, streets, highways and/or
thoroughfares used extensively by the public in general.
24) On or about May 31, 2018, plaintiff, MOHAMAD TOUFIC EID, was operating
13th
a 2009 BMW motor vehicle bearing New York State registration number 70DMM on
79th
Avenue at or near its intersection with Street, County of Kings, City and State New York.
defendants'
25) At the aforesaid time and place, the motor vehicle came into contact
with the motor vehicle of the plaintiff.
26) That said contact was due solely to the negligence of the defendants without any
negligence on the part of the plaintiff contributing thereto.
27) As a result of the aforesaid contact, plaintiff, MOHAMAD TOUFIC EID, was
severely and permanently injured.
28) That plaintiff, MOHAMAD TOUFIC EID, was seriously injured.
29) That plaintiff, MOHAMAD TOUFIC EID, sustained serious injuries as defined
in Subdivision d of Section §5102 of the Insurance Law-Recodification, and that plaintiff
sustained serious injuries and economic loss greater than basic economic loss as to satisfy the
exceptions of Section §5104 of the Insurance Law.
30) That this action falls within one or more of the exceptions as set forth in CPLR
Section §1602.
31) The aforesaid occurrence and resulting injuries to the plaintiff were due solely to
the carelessness, recklessness and negligence of the defendants in the ownership, operation,
management, inspection maintenance, supervision, repair and control of the above mentioned
motor vehicle, without any negligence on the part of the plaintiff contributing thereto.
6 of 9
FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
32) That the defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, was
negligent in hiring, training, retention and supervision of its agents, servants and/or employees,
including the defendant SALLY T. KAPSALIS.
33) That by reason of the foregoing, plaintiff, MOHAMAD TOUFIC EID, has been
damaged in excess of the jurisdictional limits of all the lower Courts that would otherwise have
jurisdiction in this state and by reason of the foregoing, the plaintiff has suffered damages in an
amount to be determined at trial.
WHEREFORE, plaintiff, MOHAMAD TOUFIC EID, demands judgment in the
plaintiff's favor and against the defendants in an amount to be determined at trial, which is in
excess of the jurisdictional limits of all lower courts, together with interest, costs and
disbursements of this action.
Dated: Brooklyn, New York
October 29, 2018
Yours, etc.,
By:
Mari Milorava-Kelman, Esq
CHERNY& PODOLSKY, PLLC
Attorneys for Plaintiff
MOHAMAD TOUFIC EID
12th
1723 East Street
Brooklyn, NY 11229
(718) 449-5100
File No.: 8986
7 of 9
FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
VERIFICATION
STATE ÖF NEW YORK)
SS.:
COUNTY OF KINGS }
. . .
C I
being duly swom, deposes and says:
.
I am the plaintiffin the within action. Ihave read the foregoing Summoné and
Complaint and know the centcñts thereof.
The same is true to my own knowledge, except as to the matters therein stated to
be upon inforination and belief, and as to those matters, Ibelieve it to be true.
Dated: Brooklyn, New York
Svgorn to be e
A c av , 201
ALLA GUREVICH
Commissioner of Deeds, of New York
City
No. 2-12680
Public Cert. Filed in Kings
)Tétary County
Q@ñiñii§êj@R 5#plF@§ SS =#Q19
8 of 9
FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------- --------X
MOHAMAD TOUFIC EID,
Plaintiff,
-against-
CINE MAGIC EAST RIVER STUDIOS, LLC and
SALLY T. KAPSALIS,
Defendants.
-- ------------------------X
SUMMONS AND VERIFIED COMPLAINT
CHERNY & PODOLSKY, PLLC
12th 4th
1723 East Street, FlOOr
BROOKLYN, NEW YORK 11229
(718) 449-5100
1)ursuant to 22 NYCRR 130-1.1, the undersigned the attorney admitted to practice in the courts of New
York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained
in the annexed document are not frivolous.
Service of a copy of the within is hereby admitted.
Dated:
............................................
Attorney(s) for
Dated: Brooklyn, New York
October 29, 2018
CHERNY & PODOLSKY, PLLC
12th 4th
1723 East Street, FlOOr
BROOKLYN, NEW YORK 11229
(718) 449-5100
9 of 9
Preview
FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----- ------- -----------------X Index No.: MOHAMAD TOUFIC EID, Date Filed: Plaintiff, SUMMONS -against- Plaintiff designates Kings County as the place of trial. The basis of venue is CINE MAGIC EAST RIVER STUDIOS, LLC and Plaintiff's residence. SALLY T. KAPSALIS, Plaintiff resides at Defendants. 11th --------------- 7524 Avenue ----------------------------------------X Brooklyn, NY 11228 County of Kings 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, if the complaint is not served with the summons, to serve a notice of appearance on plaintiff's attorneys within twenty (20) days after service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, Judgment will be taken against you by default for the relief demanded in the Complaint. DATED: Brooklyn, New York October 29, 2018 Yours, etc., Mari Milorava-Kelman, Esq. CHERNY & PODOLSKY, PLLC Attorneys for Plaintiff MOHAMAD TOUFIC EID 12th 4th 1723 EAST street, FlOOr Brooklyn, NY 11229 (718) 449-5100 File No.: 8986 1 of 9 FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 DEFENDANTS' ADDRESSES: CINE MAGIC EAST RIVER STUDIOS, LLC c/o NEW YORK SECRETARY OF STATE SALLY T. KAPSALIS 41 Trossach Road Staten Island, NY 10304 2 of 9 FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------- ----------- -------X MOHAMAD TOUFIC EID, Index No.: Plaintiff, VERIFIED CO_MPLAINT -against- C1NE MAGIC EAST RIVER STUDIOS, LLC and SALLY T. KAPSALIS, Defendants. -------------------------------------------- X Plaintiff, MOHAMAD TOUFIC EID, by his attorneys, CHERNY & PODOLSKY, PLLC, complaining of the defendants herein, respectfully alleges upon information and belief as follows: 1) Plaintiff, MOHAMAD TOUFIC EID, was and stillis a resident of the County of Kings, City County and State of New York. 2) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, was and still is a resident of the County of Kings, City and State of New York. 3) Defendant, SALLY T. KAPSALIS, was and still is a resident of the County of Richmond, City and State of New York. 4) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, was and still is a domestic limited liability company duly organized and existing under and by virtue of the laws of the State of New York. 5) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, was and still is a domestic limited liability corspany duly authorized to do business in the State of New York. 6) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, was and still is a 3 of 9 FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 domestic limited liability company duly registered to transact business in the State of New York. 7) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, was and stillis a domestic limited liability company doing business within the State of New York. 8) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, does and/or solicits business within the State of New York. 8) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC derives substantial revenue from goods used or consumed or services rendered in the State of New York. 9) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, derives substantial revenue from interstate or international commerce. 10) Defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, expected or reasonably should have expected its acts and business activities to have consequences within the State of New York. 11) On or about May 31, 2018, defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, was the owner of a 2015 Jeep motor vehicle bearing State of New York registration number HFM4754. 12) On or about May 31, 2018, defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, maintained a 2015 Jeep motor vehicle bearing State of New York registration number HFM4754. 13) On or about May 31, 2018, defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, controlled a 2015 Jeep motor vehicle bearing State of New York registration number HFM4754. 14) On or about May 31, 2018 defendant, SALLY T. KAPSALIS, was an agent, servant, employee of defendant, CINE MAGIC EAST RIVER STUDIOS, LLC. 4 of 9 FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 15) On or about May 31, 2018, defendant, SALLY T. KAPSALIS, was operating a 2015 Jeep motor vehicle bearing State of New York registration number HFM4754. 16) On or about May 31, 2018, defendant, SALLY T. KAPSALIS, was controlling a 2015 Jeep motor vehicle bearing State of New York registration number HFM4754. 17) On or about May 31, 2018, defendant, SALLY T. KAPSALIS, was operating a 2015 Jeep motor vehicle bearing State of New York registration number HFM4754 with the knowledge of the defendant owner. 18) On or about May 31, 2018, defendant, SALLY T. KAPSALIS, was operating a 2015 Jeep motor vehicle bearing State of New York registration number HFM4754 with the permission of the defendant owner. 19) On or about May 31, 2018, defendant, SALLY T. KAPSALIS, was operating a 2015 Jeep motor vehicle bearing State of Florida registration number HFM4754 with the express consent of the defendant owner. 20) On or about May 31, 2018, defendant, SALLY T. KAPSALIS, was operating a 2015 Jeep motor vehicle bearing State of New York registration number HFM4754 with the implied consent of the defendant owner. 21) On or about May 31, 2018, defendant, SALLY T. KAPSALIS was operating a 13th 2015 Jeep motor vehicle bearing State of New York registration number HFM4754 on 79th Avenue at or near itsintersection with Street, County of Kings, City and State of New York. 22) On or about May 31, 2018, defendant, SALLY T. KAPSALIS, was operating a 2015 Jeep motor vehicle bearing State of New York registration number HFM4754 within the scope of his employment. 13th 79th 23) At all times hereinafter mentioned, Avenue and Street, in the County of 5 of 9 FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 Kings, City and State of New York, are and were public roadways, streets, highways and/or thoroughfares used extensively by the public in general. 24) On or about May 31, 2018, plaintiff, MOHAMAD TOUFIC EID, was operating 13th a 2009 BMW motor vehicle bearing New York State registration number 70DMM on 79th Avenue at or near its intersection with Street, County of Kings, City and State New York. defendants' 25) At the aforesaid time and place, the motor vehicle came into contact with the motor vehicle of the plaintiff. 26) That said contact was due solely to the negligence of the defendants without any negligence on the part of the plaintiff contributing thereto. 27) As a result of the aforesaid contact, plaintiff, MOHAMAD TOUFIC EID, was severely and permanently injured. 28) That plaintiff, MOHAMAD TOUFIC EID, was seriously injured. 29) That plaintiff, MOHAMAD TOUFIC EID, sustained serious injuries as defined in Subdivision d of Section §5102 of the Insurance Law-Recodification, and that plaintiff sustained serious injuries and economic loss greater than basic economic loss as to satisfy the exceptions of Section §5104 of the Insurance Law. 30) That this action falls within one or more of the exceptions as set forth in CPLR Section §1602. 31) The aforesaid occurrence and resulting injuries to the plaintiff were due solely to the carelessness, recklessness and negligence of the defendants in the ownership, operation, management, inspection maintenance, supervision, repair and control of the above mentioned motor vehicle, without any negligence on the part of the plaintiff contributing thereto. 6 of 9 FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 32) That the defendant, CINE MAGIC EAST RIVER STUDIOS, LLC, was negligent in hiring, training, retention and supervision of its agents, servants and/or employees, including the defendant SALLY T. KAPSALIS. 33) That by reason of the foregoing, plaintiff, MOHAMAD TOUFIC EID, has been damaged in excess of the jurisdictional limits of all the lower Courts that would otherwise have jurisdiction in this state and by reason of the foregoing, the plaintiff has suffered damages in an amount to be determined at trial. WHEREFORE, plaintiff, MOHAMAD TOUFIC EID, demands judgment in the plaintiff's favor and against the defendants in an amount to be determined at trial, which is in excess of the jurisdictional limits of all lower courts, together with interest, costs and disbursements of this action. Dated: Brooklyn, New York October 29, 2018 Yours, etc., By: Mari Milorava-Kelman, Esq CHERNY& PODOLSKY, PLLC Attorneys for Plaintiff MOHAMAD TOUFIC EID 12th 1723 East Street Brooklyn, NY 11229 (718) 449-5100 File No.: 8986 7 of 9 FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 VERIFICATION STATE ÖF NEW YORK) SS.: COUNTY OF KINGS } . . . C I being duly swom, deposes and says: . I am the plaintiffin the within action. Ihave read the foregoing Summoné and Complaint and know the centcñts thereof. The same is true to my own knowledge, except as to the matters therein stated to be upon inforination and belief, and as to those matters, Ibelieve it to be true. Dated: Brooklyn, New York Svgorn to be e A c av , 201 ALLA GUREVICH Commissioner of Deeds, of New York City No. 2-12680 Public Cert. Filed in Kings )Tétary County Q@ñiñii§êj@R 5#plF@§ SS =#Q19 8 of 9 FILED: KINGS COUNTY CLERK 10/30/2018 10:55 AM INDEX NO. 521771/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2018 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------- --------X MOHAMAD TOUFIC EID, Plaintiff, -against- CINE MAGIC EAST RIVER STUDIOS, LLC and SALLY T. KAPSALIS, Defendants. -- ------------------------X SUMMONS AND VERIFIED COMPLAINT CHERNY & PODOLSKY, PLLC 12th 4th 1723 East Street, FlOOr BROOKLYN, NEW YORK 11229 (718) 449-5100 1)ursuant to 22 NYCRR 130-1.1, the undersigned the attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Service of a copy of the within is hereby admitted. Dated: ............................................ Attorney(s) for Dated: Brooklyn, New York October 29, 2018 CHERNY & PODOLSKY, PLLC 12th 4th 1723 East Street, FlOOr BROOKLYN, NEW YORK 11229 (718) 449-5100 9 of 9