FILED: KINGS COUNTY CLERK 02/23/2023 08:49 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 505759/2023
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`RECEIVED NYSCEF: 02/23/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
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`X
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`CINDY PHILEMON
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`Plaintiff,
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`-against-
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`BAHRON BORONOV and SUNNATJON AMINOZ (sp),
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`Defendants.
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`X
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`TO THE ABOVE-NAMED DEFENDANTS:
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`SUMMONS
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`Index No.:
`D/P:
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`Plaintiff designates her
`resident County as the
`place of trial.
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`YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
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`a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
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`appearance, on the Plaintiff's attorney within 20 days after the service of this summons,
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`exclusive of the day of service (or within 30 days after service is complete if this summons is not
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`personally delivered to you within the State of New York) and in case of your failure to appear
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`or answer, judgment will be taken against you by default for the relief demanded in the
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`complaint.
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`Dated: New York, New York
`February 23, 2023
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`To Defendants Boronov, Aminoz,
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`1 of 8
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`Yours, etc.
`The Meyers Law Firm
`Attorneys for Plaintiff
`30 Vesey Street, 4th Floor
`New York, NY 10007
`212-252-1212
`
`By:
`Glenn R. Meyers
`
`Type text here
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`

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`FILED: KINGS COUNTY CLERK 02/23/2023 08:49 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 505759/2023
`
`RECEIVED NYSCEF: 02/23/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`X
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`CINDY PHILEMON
`
`Plaintiff,
`
`-against-
`
`Index No.:
`
`VERIFIED COMPLAINT
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`BAHRON BORONOV, SUNNATJON AMINOZ (sp),
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`Defendants.
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`X
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`Plaintiff, CINDY PHILEMON, by her attorneys, The Meyers Law Firm, complaining of
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`the defendants herein, states upon information and belief as follows:
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`1.
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`That at all times hereinafter mentioned, Plaintiff CINDY PHILEMON was and is a
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`resident of Brooklyn, Kings County, State of New York.
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`2.
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`That at all times hereinafter mentioned this accident that is the subject of this
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`Complaint took place in the County of New York, State of New York.
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`3.
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`That at all times hereinafter mentioned defendant BAHRON BORONOV was and
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`is the owner of a vehicle bearing license plate Taxi and Limousine Commission (TLC) number
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`T751025C and TLC Company 5868768.
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`4.
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`That at all times hereinafter mentioned defendant BAHRON BORONOV
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`controlled the vehicle. bearing license plate Taxi and Limousine Commission (TLC) bearing
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`license number T751025C and TLC Company 5868768.
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`FILED: KINGS COUNTY CLERK 02/23/2023 08:49 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 505759/2023
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`RECEIVED NYSCEF: 02/23/2023
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`5.
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`That at all times hereinafter mentioned, defendant BAHRON BORONOV operated
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`the vehicle bearing license plate TLC number T751025C and TLC Company 5868768.
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`6.
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`That at all times hereinafter mentioned defendant BAHRON BORONOV,
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`maintained the vehicle bearing license plate TLC number T751025C and TLC Company
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`5868768.
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`7.
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`That at all times hereinafter mentioned, defendant BAHRON BORONOV
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`managed the vehicle bearing license plate TLC number T751025C and TLC Company 5868768.
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`8.
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`That at all times hereinafter mentioned, defendant BAHRON BORONOV was
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`responsible for hiring personnel.
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`9.
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`That at all times hereinafter mentioned defendant SUNNATJON AMINOZ (sp)
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`was the driver of the vehicle bearing license plate TLC number T751025C and TLC Company
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`5868768.
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`10.
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`That at all times hereinafter mentioned defendant SUNNATJON AMINOZ (sp)
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`controlled the vehicle bearing license plate TLC number T751025C and TLC Company
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`5868768.
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`11.
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`That at all times hereinafter mentioned defendant SUNNATJON AMINOZ (sp)
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`managed the vehicle bearing license plate TLC number T751025C and TLC Company 5868768.
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`12.
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`That at all times hereinafter mentioned defendant SUNNATJON AMINOZ (sp)
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`maintained the vehicle bearing license plate TLC number T751025C and TLC Company
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`5868768.
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`13.
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`That at all times hereinafter mentioned defendant SUNNATJON AMINOZ (sp)
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`operated the vehicle bearing license plate TLC number T751025C and TLC Company 5868768.
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`FILED: KINGS COUNTY CLERK 02/23/2023 08:49 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 505759/2023
`
`RECEIVED NYSCEF: 02/23/2023
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`14.
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`That at all times hereinafter mentioned defendant SUNNATJON AMINOZ (sp)
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`was the employee of defendant BAHRON BORONOV
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`15.
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`That at all times hereinafter mentioned, defendant SUNNATJON AMINOZ (sp)
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`was hired by defendant BAHRON BORONOV
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`16.
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`That at all times hereinafter mentioned defendant SUNNATJON AMINOZ (sp)
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`was under the supervision of defendant BAHRON BORONOV.
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`17.
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`That at all times hereinafter mentioned, defendant SUNNATJON AMINOZ (sp)
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`was under the control of defendant BAHRON BORONOV
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`18.
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`On February 6, 2020, plaintiff CINDY PHILEMON was legally and lawfully a
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`passenger in a motor vehicle bearing license plate TLC number T751025C and TLC Company
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`5868768.
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`FILED: KINGS COUNTY CLERK 02/23/2023 08:49 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 505759/2023
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`RECEIVED NYSCEF: 02/23/2023
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`19.
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`On February 6, 2020, a motor vehicle bearing license plate TLC number
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`T751025C and TLC Company 5868768 stopped on or near 407 West 146th Street and Nicholas
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`Avenue a public thoroughfare for pedestrians and traffic, to let passengers off including plaintiff
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`CINDY PHILEMON.
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`20.
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`On February 6, 2020 at approximately 12:10 p.m., Plaintiff CINDY PHILEMON,
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`was legally and lawfully exiting from the aforementioned vehicle/bus also known at times as
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`Access-A-Ride.
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`21. While exiting the vehicle, the door slammed against plaintiff’s body and held her
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`pinned in the doorway of the vehicle.
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`22. The plaintiff sustained injuries about her whole body including her shoulder,
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`arms, and legs causing her great pain and suffering.
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`23.
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`The negligence of the defendants consisted in that defendants displayed a blatant
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`disregard for the safety of its passengers including plaintiff CINDY PHILEMON; defendants
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`were inept in their hiring and training practices; defendants were want of due care and caution in
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`the ownership, operation, management, maintenance and control of the vehicle/bus; in failing to
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`supervise the defendant bus driver; in failing to perform daily inspections of the electronically
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`controlled door; in failing to have competent and reasonable control of the electronically
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`controlled door of the vehicle/bus; in that the defendant bus driver SUNNATJON AMINOV, in
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`carelessly operating the aforesaid vehicle including the electronically controlled door was in
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`violation of the existing laws, statutes and regulations of the State of New York; in operating the
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`aforementioned bus/vehicle in such a manner as failing to make timely and careful use and
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`application of the electronically controlled door, braking mechanism, steering mechanism and
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`devices of the bus; in operating and driving the bus in an inattentive and unalert manner; in
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`FILED: KINGS COUNTY CLERK 02/23/2023 08:49 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 505759/2023
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`RECEIVED NYSCEF: 02/23/2023
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`failing to keep the vehicle so equipped and in such a state of repair so as to prevent the
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`contingency herein; in failing to keep his attention before him; in failing to exercise any
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`precautions for the avoidance of said accident.
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`24.
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`That the aforesaid accident, injuries, and damages resulting to the plaintiff was
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`caused solely and wholly by reason of the negligence of the defendants, all without any culpable
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`conduct on the part of the plaintiff contributing thereto.
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`That as a result of the aforesaid accident, the plaintiff was caused to and did suffer serious
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`personal injuries to diverse parts of her body and limbs, causing her to become sick, sore, lame
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`and disabled for a long period of time and she did suffer personal injuries to her mind and body,
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`requiring her to obtain hospital and medical treatment for said injuries plaintiff demands judgment
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`against the defendants in a sum exceeding the jurisdictional limits of all courts lower than the
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`Supreme Court of the State of New York.
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`25.
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`As a result thereof, defendants caused the plaintiff to suffer permanent, disabling
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`and severe injuries, including, but not limited to injuries to the shoulders, legs, ankles, knees,
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`arms, neck and back, including laceration and other bodily, emotional, psychiatric and mental
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`injuries, pain and suffering, diminution of and loss of enjoyment of life, medical, hospital,
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`custodial and rehabilitation expenses, special damages and loss of earnings all of which said
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`injuries are permanent and have occurred or will occur in the future.
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`26.
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`That the plaintiff has sustained a serious injury as defined by Section 5102 of the
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`Insurance Law, in that the plaintiff has sustained a fracture; and/or significant disfigurement; and/or
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`permanent loss of use of a body organ, member, function or system; and/or significant limitation of
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`use of a body function or system; and/or permanent consequential limitation of use of a body organ
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`or member; and/or medically determined injury or impairment which prevents said person from
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`FILED: KINGS COUNTY CLERK 02/23/2023 08:49 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 505759/2023
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`RECEIVED NYSCEF: 02/23/2023
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`performing substantially all of the material acts which constitute such person’s usual and customary
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`daily activities for not less than ninety (90) days during the one hundred eighty (180) days immediately
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`following the accident.
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`CPLR ARTICLE 16 ALLEGATIONS
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`That defendants may not avail themselves of the limited liability provisions of CPLR Article 16.
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`WHEREFORE, the plaintiff demands judgment against the defendants in a sum
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`exceeding the jurisdictional limits of all courts lower than the Supreme Court of the State of New
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`York.
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`Dated: New York, New York
`February 23, 2023
`
`
`
`
`
`Yours, etc.
`The Meyers Law Firm
`Attorneys for the Plaintiff
`30 Vesey Street, 4th Floor
`New York, NY 10007
`themeyerslawfirm.com
`
`By: Glenn R. Meyers
`
`
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`7
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`7 of 8
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`FILED: KINGS COUNTY CLERK 02/23/2023 08:49 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 505759/2023
`
`RECEIVED NYSCEF: 02/23/2023
`
`
`
`
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`ATTORNEY VERIFICATION
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`I, Glenn R. Meyers, an attorney duly admitted to practice law in the State of New York,
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`do affirm that:
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`I am the principle in the law firm of The Meyers Law Firm, attorney for the Plaintiff and
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`I have read the COMPLAINT and know the contents thereof and the same are true to my
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`knowledge, except those matters alleged on information and belief, and as to those, I believe to
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`be true. I base my knowledge and belief on public records, papers and records on file with my
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`office, this office’s investigation and conversations I had with the Plaintiff.
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`I make this Verification in lieu of the Plaintiff, as due to COVID 19, your Affirmant is
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`working out of the county where he usually maintains and office and also due to COVID-19 the
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`plaintiff is unable to attend a meeting in Affirmant’s Office.
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`Dated: New York, New York
`February 23, 2023
`
`Glenn R. Meyers, Esq.
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`Type text here
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