FILED: KINGS COUNTY CLERK 10/05/2017 04:57 PM
`FILED: KINGS COUNTY CLERK 10m2017 04:57 PM
`NYSC 3F DOC. NO. 89
`NYSCEF DOC. NO. 89
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`IND
`EX NO.
`510198/2014
`INDEX NO. 510198/2014
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` VYSC
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` 4|IV-v .D
` 3F:
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`10/05/2017
`RECEIVED NYSCEF: 10/05/2017
`
`EXHIBIT “A”
`
`

`

`FILED: KINGS COUNTY CLERK 10/05/2017 04:57 PM
`FILED: KINGS COUNTY CLERK 10m2017 04:57 PM
`Nmenm. MINE-ES COUNTY CLERK 10—201402:05 P I
`NYSCEF DOC. NO. 89
`NYSCEF DOC. NO.
`1
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`INDEX NO. 510198/2014
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`INDEX NO- 510198/2014
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`R«-C«IWE1¥YWSF51W©BWD417
`RECEIVED NYSCEF: 10/05/2017
`RECEIVED NYSCEF: 10/30/2014
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`NATALIA ALEKHINA,
`
`Plaintiff,
`
`-against-
`
`INDEX NO.
`
`_
`.
`,
`,
`Plaintiff de31gnates Kings
`County as the place of trial.
`
`S U M M O N S
`
`COURTEOUS CARS INC., WILLIAM GORDON, VAL AUTO
`LOC and GULRUKH GIYASOVA,
`
`,
`.
`The has” 0f venue ‘5
`
`To the above named Defendants:
`
`Defendants
`
`Plaintiffs residence:
`
`1704 77 Street, Apt. #03
`Brooklyn, New York 11214
`
`YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
`
`copy of your answer on the plaintiff's attorneys within 20 days after the service of this summons,
`
`exclusive of the day of service of this summons, or within 30 days after service ofthis summons is
`
`complete if this summons is not personally delivered to you within the State of New York.
`
`In case ofyour failure to answer this summons, ajudgment by default will be taken against
`
`you for the relief demanded in the complaint, together with the costs of this action.
`
`Dated: New York, New York October 29, 2014
`
`,____
`
`LSON & LEVINE LAW FIRM, P.C.
`Attorneys for Plaintiff
`Pennsylvania Building
`14 Penn Plaza, Suite 1718
`New York, New York 10122
`(212) 268-3222
`
`DEFENDANTS:
`
`COURTEOUS CARS INC.
`6202 New Utrecht Avenue
`
`Brooklyn, New York 11219
`
`WILLIAM GORDON
`418 Genesee Avenue
`
`Staten Island, New York 10312
`
`

`

`FILED: KINGS COUNTY CLERK 10/05/2017 04:57 PM
`FILED: KINGS COUNTY CLERK 10w2017 04:57 PM
`
`NYSCEF DOC. NO. 89
`NYSCEF DOC. NO. 89
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`INDEX NO. 510198/2014
`INDEX NO~ 510198/2014
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`
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`RnCnIVnD VYSCEF: 10/05/2017
`RECEIVED NYSCEF: 10/05/2017
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`
`
`VAL AUTO LOC
`335 Bond Street
`Brooklyn, New York 11231
`
`GULRUKH GIYASOVA
`
`1704 77 Street, Apt. #C3
`Brooklyn, New York 11214
`
`

`

`FILED: KINGS COUNTY CLERK 10/05/2017 04:57 PM
`FILED: KINGS COUNTY CLERK 10w2017 04:57 PM
`
`NYSCEF DOC. NO. 89
`NYSCEF DOC. NO. 89
`
`510198/2014
`INDEX NO. 510198/2014
`INDEX N0-
`
`
`
`
`
`RaCaIVaD VYSCEF:
`10/05/2017
`RECEIVED NYSCEF: 10/05/2017
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`NATALIA ALEKHINA,
`
`INDEX N0-
`
`Plainfiff’
`
`VERIFIED COMPLAINT
`
`wagainst—
`
`COURTEOUS CARS INC., WILLIAM GORDON, VAL AUTO
`LOC and GULRUKH GIYASOVA,
`
`Defendants.
`
`Plaintiff, by her attorneys, RAPHAELSON 8:. LEVINE LAW FIRM, P.C., as and for her
`
`Verified Complaint, respectfully alleges, upon information and belief:
`
`].
`
`The plaintiff, NATALIA ALEKHINA, at all times herein mentioned was and still
`
`is a resident of the County of Kings and the State ofNew York.
`
`2.
`
`The defendant, COURTEOUS CARS INC., at all times herein mentioned, was and
`
`still is a domestic company organized and existing under the laws of the State of New York, with
`
`its principal place of business situated in the County of Kings and State of New York.
`
`3.
`
`The defendant, COURTEOUS CARS INC., at all times herein mentioned was and
`
`still is a foreign company duly license and authorized to do business in the State of New York.
`
`4.
`
`The defendant, COURTEOUS CARS INC., at all times herein mentioned conducted
`
`and carried on business in the State of New York.
`
`5.
`
`That at all
`
`times herein mentioned, defendant, COURTEOUS CARS INC.,
`
`transacted business in the State of New York.
`
`6.
`
`That at all times herein mentioned, defendant, COURTEOUS CARS INC., derived
`
`substantial revenue fiom goods used or consumed or services rendered in the State of New York.
`
`7.
`
`That at all times herein mentioned, defendant, COURTEOUS CARS INC., expected
`
`or should reasonably have expected its acts to have consequences in the State of New York.
`
`8.
`
`That at all times herein mentioned, defendant, COURTEOUS CARS INC., derived
`
`substantial revenue from interstate or international commerce.
`
`

`

`FILED: KINGS COUNTY CLERK 10/05/2017 04:57 PM
`FILED: KINGS COUNTY CLERK 10w2017 04:57 PM
`
`NYSCEF DOC. NO. 89
`NYSCEF DOC. NO. 89
`
`510198/2014
`INDEX NO. 510198/2014
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`INDEX N0-
`
`
`
`
`RaCaIVaD VYSCEF:
`10/05/2017
`RECEIVED NYSCEF: 10/05/2017
`
`9.
`
`The defendant, WILLIAM GORDON, at all times herein mentioned was and still
`
`is a resident of the County of Richmond and the State of New York.
`
`10.
`
`The defendant, VAL AUTO LOC, at all times herein mentioned, was and still is a
`
`domestic company organized and existing under the laws ofthe State ofNew York, with its principal
`
`place of business situated in the County of Kings and State of New York.
`
`11.
`
`The defendant, VAL AUTO LOC, at all times herein mentioned was and still is a
`
`foreign company duly license and authorized to do business in the State of New York.
`
`12.
`
`The defendant, VAL AUTO LOC, at all times herein mentioned conducted and
`
`carried on business in the State of New York.
`
`13.
`
`That at all times herein mentioned, defendant, VAL AUTO LOC, transacted business
`
`in the State of New York.
`
`14.
`
`That at all times herein mentioned, defendant, VAL AUTO LOC, derived substantial
`
`revenue from goods used or consumed or services rendered in the State ofNew York.
`
`15.
`
`That at all times herein mentioned, defendant, VAL AUTO LOC, expected or should
`
`reasonably have expected its acts to have consequences in the State of New York.
`
`16.
`
`That at all times herein mentioned, defendant, VAL AUTO LOC, derived substantial
`
`revenue from interstate or international commerce.
`
`17.
`
`The defendant, GULRUKH GIYASOVA, at all times herein mentioned was and still
`
`is a resident of the County of Kings and the State of New York.
`
`18.
`
`On or about May 12, 2014, defendant, COURTEOUS CARS INC, was the owner
`
`of a certain automobile, bearing New York State license plate number T623 669C.
`
`19.
`
`On or about May 12, 2014, defendant, COURTEOUS CARS INC., was the
`
`registered owner of a certain automobile, bearing New York State license plate number T623669C.
`
`20.
`
`On or about May 12, 2014, defendant, COURTEOUS CARS INC., was the titled
`
`owner of a certain automobile, bearing New York State license plate number T623669C.
`
`2].
`
`On or about May 12, 2014, defendant, COURTEOUS CARS INC, was the lessee
`
`of a certain automobile, bearing New York State license plate number T623 669C.
`
`

`

`FILED: KINGS COUNTY CLERK 10/05/2017 04:57 PM
`FILED: KINGS COUNTY CLERK 10w2017 04:57 PM
`
`NYSCEF DOC. NO. 89
`NYSCEF DOC. NO. 89
`
`510198/2014
`INDEX NO. 510198/2014
`
`INDEX N0-
`
`
`
`
`
`
`RaCaIVaD uYSCEF:
`10/05/2017
`RECEIVED NYSCEF: 10/05/2017
`
`22.
`
`On or about May 12, 2014, defendant, COURTEOUS CARS INC., was the lessor
`
`of a certain automobile, bearing New York State license plate number T623669C.
`
`23.
`
`On or about May 12, 2014, defendant, COURTEOUS CARS INC., managed a
`
`certain automobile, bearing New York State license plate number T623669C.
`
`24.
`
`On or about May 12, 2014, defendant, COURTEOUS CARS INC., maintained a
`
`certain automobile, bearing New York State license plate number T623669C.
`
`25.
`
`On or about May 12, 2014, defendant, COURTEOUS CARS INC., controlled a
`
`certain automobile, bearing New York State license plate number T623 669C.
`
`26.
`
`On or about May 12, 2014, defendant, COURTEOUS CARS INC., repaired a
`
`certain automobile, bearing New York State license plate number T623669C.
`
`27.
`
`On or about May 12, 2014, defendant, WILLIAM GORDON, operated a certain
`
`automobile, bearing New York State license plate number T623 669C.
`
`28.
`
`On or about May 12, 2014, defendant, WILLIAM GORDON, operated a certain
`
`automobile, bearing New York State license plate number T623669C with the knowledge of the
`
`defendant, COURTEOUS CARS INC.
`
`29.
`
`On or about May 12, 2014, defendant, WILLIAM GORDON, operated a certain
`
`automobile, bearing New York State license plate number T623669C with the permission of the
`
`defendant, COURTEOUS CARS INC.
`
`30.
`
`On or about May 12, 2014, defendant, WILLIAM GORDON, operated a certain
`
`automobile, bearing New York State license plate number T623669C with the consent of the
`
`defendant, COURTEOUS CARS INC.
`
`31.
`
`On or about May 12, 2014, defendant, WILLIAM GORDON, operated a certain
`
`automobile, bearing New York State license plate number T623669C within the scope of his
`
`employment with the defendant, COURTEOUS CARS INC.
`
`32.
`
`On or about May 12, 2014, defendant, WILLIAM GORDON, managed a certain
`
`automobile, bearing New York State license plate number T623 669C.
`
`33.
`
`On or about May 12, 2014, defendant, WILLIAM GORDON, maintained a certain
`
`

`

`FILED: KINGS COUNTY CLERK 10/05/2017 04:57 PM
`FILED: KINGS COUNTY CLERK 10w2017 04:57 PM
`
`NYSCEF DOC. NO. 89
`NYSCEF DOC. NO. 89
`
`510198/2014
`INDEX NO. 510198/2014
`
`INDEX N0-
`
`
`
`
`
`RaCaIVaD VYSCEF:
`10/05/2017
`RECEIVED NYSCEF: 10/05/2017
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`automobile, bearing New York State license plate number T623669C.
`
`34.
`
`On or about May 12, 2014, defendant, WILLIAM GORDON, controlled a certain
`
`automobile, bearing New York State license plate number T623669C.
`
`35.
`
`On or about May 12, 2014, defendant, WILLIAM GORDON, repaired a certain
`
`automobile, bearing New York State license plate number T623669C.
`
`36.
`
`On or about May 12, 2014, defendant, VAL AUTO LOC, was the owner ofa certain
`
`automobile, bearing New York State license plate number T644992C.
`
`37.
`
`On or about May 12, 2014, defendant, VAL AUTO LOC, was the registered owner
`
`of a certain automobile, bearing New York State license plate number T644992C.
`
`38.
`
`On or about May 12, 2014, defendant, VAL AUTO LOC, was the titled owner of
`
`a certain automobile, bearing New York State license plate number T644992C.
`
`39.
`
`On or about May 12, 2014, defendant, VAL AUTO LOC, was the lessee ofa certain
`
`automobile, bearing New York State license plate number T644992C.
`
`40.
`
`On or about May 12, 2014, defendant, VAL AUTO LOC, was the lesser of a certain
`
`automobile, bearing New York State license plate number T644992C.
`
`41.
`
`On or about May 12, 2014, defendant, VAL AUTO LOC, managed a certain
`
`automobile, bearing New York State license plate number T644992C.
`
`42.
`
`On or about May 12, 2014, defendant, VAL AUTO LOC, maintained a certain
`
`automobile, bearing New York State license plate number T644992C.
`
`43.
`
`On or about May 12, 2014, defendant, VAL AUTO LOC, controlled a certain
`
`automobile, bearing New York State license plate numberT644992C.
`
`44.
`
`On or about May 12, 2014, defendant, VAL AUTO LOC, repaired a certain
`
`automobile, bearing New York State license plate number T64499ZC.
`
`45.
`
`On or about May 12, 2014, defendant, GULRUKI-l GIYASOVA, operated a certain
`
`automobile, bearing New York State license plate number T644992C.
`
`46.
`
`On or about May 12, 2014, defendant, GULRUKH GIYASOVA, operated a certain
`
`automobile, bearing New York State license plate number T644992C with the knowledge of the
`
`

`

`FILED: KINGS COUNTY CLERK 10/05/2017 04:57 PM
`FILED: KINGS COUNTY CLERK 10 EB 2017 04 :57 PM
`
`NYSCEF DOC. NO. 89
`NYSCEF DOC. NO. 89
`
`510198/2014
`INDEX NO. 510198/2014
`
`INDEX NO-
`
`
`
`
`RaCaIVaD vyscsrz
`10/05/2017
`RECEIVED NYSCEF: 10/05/2017
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`defendant, VAL AUTO LOC.
`
`4?.
`
`On or about May 12, 2014, defendant, GULRUKH GlYASOVA, operated a certain
`
`automobile, bearing New York State license plate number T644992C with the permission of the
`
`defendant, VAL AUTO LOC.
`
`48.
`
`On or about May 1 2, 2014, defendant, GULRUKH GIYASOVA, operated a certain
`
`automobile, bearing New York State license plate number T644992C with the consent of the
`
`defendant, VAL AUTO LOC.
`
`49.
`
`On or about May 12, 2014, defendant, GULRUKl-I GIYASOVA, operated a certain
`
`automobile, bearing New York State license plate number T644992C within the scope of her
`
`employment with the defendant, VAL AUTO LOC.
`
`50.
`
`On or about May 12, 2014, defendant, GULRUKH GIYASOVA, managed a certain
`
`automobile, bearing New York State license plate number T644992C.
`
`51.
`
`On or about May 12, 2014, defendant, GULRUKH GIYASOVA, maintained a
`
`certain automobile, bearing New York State license plate number T644992C.
`
`52.
`
`On or about May 12, 2014, defendant, GULRUKI-l GIYASOVA, controlled acertain
`
`automobile, bearing New York State license plate number T644992C.
`
`53.
`
`On or about May 12, 2014, defendant, GULRUKH GIYASOVA, repaired at certain
`
`automobile, bearing New York State license plate number T644992C.
`
`54.
`
`On or about May 12, 2014, plaintiff, NATALIA ALEKHINA, was a passenger in
`
`a certain automobile, bearing New York State license plate number T644992C.
`
`55.
`
`That at all times hereinafter mentioned, the roadways of 18"1 Avenue at or near 80
`
`Street, in the County ofKings and City ofBrooklyn and State ofNew York was, and still is a public
`
`roadway and/or thoroughfare.
`
`56.
`
`On or about May 12, 2014, plaintiff, NATALIA ALEKHINA, was a passenger in
`
`the aforesaid motor vehicle, bearing New York State license plate number T644992C at or near the
`
`above mentioned location.
`
`57.
`
`That on May 12, 2014 at approximately 12 p.m., the motor vehicle owned by
`
`

`

`FILED: KINGS COUNTY CLERK 10/05/2017 04:57 PM
`FILED: KINGS COUNTY CLERK 10w2017 04:57 PM
`
`NYSCEF DOC. NO. 89
`NYSCEF DOC. NO. 89
`
`510198/2014
`INDEX NO. 510198/2014
`INDEX N0-
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`
`
`
`R«C«IV«D VYSCEF:
`10/05/2017
`RECEIVED NYSCEF: 10/05/2017
`
`
`
`defendant, COURTEOUS CARS INC. and operated by defendant, WILLIAM GORDON, came
`
`into violent contact with the motor vehicle owned by defendant, VAL AUTO LOC and operated
`
`by defendant GULRUKH GIYASOVA in which plaintiff, NATALIA ALEKHINA was a
`
`passenger at/near the aforesaid location.
`
`58.
`
`801er as a result of the defendants’ negligence, carelessness and recklessness the
`
`plaintiffwas caused to suffer severe and serious personal injuries to mind and body, and further, that
`
`the plaintiff was subjected to great physical pain and mental anguish.
`
`59.
`
`The aforesaid occurrence was caused by the negligence ofthe defendants, without any
`
`culpable conduct on the part of the plaintiff.
`
`60.
`
`That the aforesaid occurrence was due solely by reason of the carelessness,
`
`recklessness and negligence of the defendants,
`
`in the ownership, operation, management,
`
`maintenance and control of defendants’ motor vehicle, in failing to keep said motor vehicle under
`
`proper and suitable control, so as to prevent same from striking the other vehicle; in operating said
`
`motor vehicle at a high and/or excessive rate of speed, under the circumstances then and there
`
`existing; in speeding; in failing to yield the right ofway; in failing to obey the traffic signals thereat;
`
`in failing to keep a proper look out; in failing to take cognizance of the traffic conditions which
`
`existed; in failing to remain alert; in failing to give warning of approach; in failing to stop, slow
`
`down, steer or veer so as to avoid the collision herein; in failing to make prompt and timely use of
`
`the braking, steering and signaling mechanisms ofsaid motor vehicle; in failing to obey the rules of
`
`the road; in failing to exercise due and required care, caution and forbearance in the operation and
`
`control of said motor vehicle, so as to have avoided this occurrence; in operating said motor vehicle
`
`in an incompetent and unskilled marmer; in failing to maintain said motor vehicle and appurtenances
`
`thereto in proper and adequate condition and repair; in failing to obey the applicable statutes,
`
`ordinances, rules and regulations in such cases made and provided for; and defendants were
`
`otherwise careless, reckless and negligent.
`
`61.
`
`That by reason of the aforesaid occurrence, plaintiff, NATALIA ALEKHINA,
`
`sustained serious and severe personal injuries to head, body and limbs; a severe shock to the nervous
`
`system; sufi‘ered great physical pain and mental anguish; was confined to bed and home and caused
`
`8
`
`

`

`FILED: KINGS COUNTY CLERK 10/05/2017 04:57 PM
`FILED: KINGS COUNTY CLERK 10w2017 04:57 PM
`
`NYSCEF DOC. NO. 89
`NYSCEF DOC. NO. 89
`
`510198/2014
`INDEX NO. 510198/2014
`INDEX N0-
`
`
`
`
`
`RaCaIVaD VYSCEF:
`10/05/2017
`RECEIVED NYSCEF: 10/05/2017
`
`
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`to abstain from usual duties and activities; was forced to seek medical aid and attention and to
`
`eXpend divers sums of money for same, in an endeavor to be healed and cured ofsaid injuries, which
`
`may be permanent and lasting.
`
`62.
`
`As a result ofthe foregoing, the plaintiffsustained serious personal injuries as defined
`
`in Section 5 1 02(d) ofthe Insurance Law ofthe State ofNew York, and/or economic loss greater than
`
`basic economic loss as defined in Section 5102(a) of the Insurance Law of the State of New York.
`
`63.
`
`This action falls within one or more ofthe exceptions set forth in Section 1602 ofthe
`
`Civil Practice Law and Rules.
`
`64.
`
`Due to defendants’ negligence, plaintiff is entitled to damages.
`
`WHEREFORE, the plaintiffdemandsjudgment awarding damages, in an amount exceeding
`
`the monetary jurisdictional limits of all lower courts which would otherwise have jurisdiction,
`
`together with interest and the costs and disbursements ofthis action, and such other and further relief
`
`as to this Court seems just and proper.
`
`Dated: New York, New York
`October 29, 2014
`
`
`
`Attorneys for Plaintiff
`Pennsylvania Building
`14 Penn Plaza, Suite 1718
`New York, New York 10122
`(212) 268-3222
`
`

`

`FILED: KINGS COUNTY CLERK 10/05/2017 04:57 PM
`FILED: KINGS COUNTY CLERK 10w2017 04:57 PM
`
`NYSCEF DOC. NO. 89
`NYSCEF DOC. NO. 89
`
`INDEX NO. 510198/2014
`INDEX NO- 510198/2014
`
`
`
`
`
`ReCeIVeD VYSCEF: 10/05/2017
`RECEIVED NYSCEF: 10/05/2017
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`NATALLA ALEKHINA,
`
`INDEX NO.
`
`Plaintiff,
`
`-against-
`
`ATTORNEY'S
`VERIFICATION
`
`COURTEOUS CARS INC, WILLIAM GORDON, VAL AUTO
`LOC and GULRUKH GIYASOVA,
`
`Defendants.
`
`Jason S. Krakower, Esq., an attorney duly admitted to practice law in the State ofNew York,
`makes the following affirmation under the penalty of perjury:
`
`I am an associate of the RAPHAELSON & LEVINE LAW FIRM, P.C., the attorneys of
`record for the plaintiff.
`
`I have read the foregoing Amended Complaint and know the contents thereof; the same is
`true to my own knowledge except as to the matters therein stated to be alleged on information and
`belief and that as to those matters, I believe them to be true.
`
`This verification is made by affirmant and not by plaintiff because she is not in the County
`of New York, which is the County where your affirmant maintains offices.
`
`The grounds of afiinnant‘s beliefas to all matters not stated upon affirmant's knowledge are
`correspondence had with the said plaintiff, information contained in the said plaintiffs file, which
`is in affirmant‘s possession, and other pertinent data relating thereto.
`
`Dated: New York, New York
`October 29, 2014
`
`
`
`flirt S. KRAKOWER, ESQ.
`
`

`

`FILED: KINGS COUNTY CLERK 10/05/2017 04:57 PM
`FILED: KINGS COUNTY CLERK 10m2017 04:57 PM
`
`NYSCEF DOC. NO. 89
`NYSCEF DOC. NO. 89
`
`INDEX NO. 510198/2014
`INDEX NO- 510198/2014
`
`
`
`
`
`RfiCfiIVfiD VYSCEF: 10/05/2017
`RECEIVED NYSCEF: 10/05/2017
`
`
`
`Index No.
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`iiififiiliékhifix, """"""""""""""""""""""""""
`
`Plaintiff,
`
`-against-
`
`COURTEOUS CARS INC, WILLLAM GORDON, VAL AUTO LOC and GULRUKH GIYASOVA,
`
`-------------------------------------------------------------------
`
`Defendants.
`
`-------------------------------------------------------------------
`
`RAPHAELSON & LEVINE LAW FIRM, P.C.
`Attorneys for Plaintiff
`Pennsylvania Building
`14 Penn Plaza, Suite 1718
`New York, New York 10122
`(212) 268-3222
`
`