FILED: QUEENS COUNTY CLERK 11/09/2021 09:15 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 725017/2021
`
`RECEIVED NYSCEF: 11/09/2021
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`
`ROSS P. BOTWINICK,
`
`Plaintiff(s),
`
`-against -
`
`ANTHONY M. KAPORCI-I and RICHARD A.
`KAPORCH,
`
`x
`
`Index No.
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`SUMMONS
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`Plaintiff designates
`QUEENS COUNTY
`as the place of Tnal
`
`The basis of venue is
`Defendants’ Residence
`
`Defendant(s).
`
`Plaintiff resides at:
`6 Willow Place
`Lake Ronkonkoma, NY 11779
`
`To the above named Defendant(s)
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`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 this summons, to serve a notice of appearance on
`the plaintiff(s)’ attorney(s) within twenty days after the service of this summons exclusive of the day
`of service, where service is made by delivery upon you personally within the state, or within 30 days
`In case of your failure to
`after completion of service where service is made in any other manner.
`appear or answer, judgment will be taken against you by default for the relief demanded in the
`complaint.
`
`Defendants Address
`ANTHONY M. KAPORCI-{
`67-04 214th Street
`Bayside, New York 11364
`
`RICHARD A. KAPORCH
`67-04 2l4h1 Street
`Bayside, New York 11364
`
`PAZER, EPSTEIN, JAFFE & FEIN, P.C.
`Attorneys for Plaintiff(s)
`20 Vesey Street, 7th Floor
`New York, New York 10007
`(212) 227-1212
`
`personal injury
`Notice: The nature of this action is as follows:
`The relief sought is as follows: monetary damages
`UPON YOUR FAILURE TO APPEAR:
`Judgement will be taken against you by default for a sum in excess ofjurisdictional limits of all lower
`Courts with interests from August 27, 2021 and the costs of this action.
`
`DATED:
`
`NEW YORK, NEW YORK
`November 4, 2021
`
`1 of 6
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`

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`FILED: QUEENS COUNTY CLERK 11/09/2021 09:15 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 725017/2021
`
`RECEIVED NYSCEF: 11/09/2021
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`-x
`
`ROSS P. BO]’vVINICK,
`
`Plaintiff(s),
`
`-against -
`
`ANTHONY M. KAPORCH and RICHARD A.
`KAPO RCH,
`
`Defendant(s).
`
`X
`
`Index No.
`
`VERIFIED COMPLAINT
`
`The Plaintiff, ROSS A. BOTWINICK, complaining of the defendants, ANTHONY M.
`
`KAPORCH and RICHARD A. KAPORCH, by his attorneys, PAZER, EPSTEIN, JAFFE & FEIN, P.C.,
`
`hereby alleges upon information and belief:
`
`FIRST:
`
`That at all times herein mentioned,
`
`the plaintiff, ROSS P.
`
`BOTWINICK, was a resident of the County of Suffolk, State of New York.
`
`SECOND:
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`That at all times herein mentioned, defendant, RICHARD A
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`KAPORCH was a resident of the County of Queens, State of New York.
`
`THIRD:
`
`That at
`
`all
`
`times hereinafter mentioned,
`
`the defendant,
`
`ANTHONY M. KAPORCH , was a resident of the County of Queens, State of New York.
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`FOURTH:
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`That at all times hereinafter mentioned, the plaintiff, ROSS P.
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`BOTWINICK, was the operator of a motor vehicle bearing Registration No. JMV9728, New York.
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`FIFTH:
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`That
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`all
`
`times
`
`hereinafter mentioned,
`
`the defendant,
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`RICHARD A. KAPORCH, was the owner of a motor vehicle bearing Registration No. FTK2836, New
`
`York.
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`SIXTH:
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`That all times hereinafter mentioned and on or about the 27th
`
`day of August, 2021, ANTHONY M. KAPORCH was the operator of the motor vehicle bearing the
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`Registration No. FTK2836, New York.
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`2 of 6
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`FILED: QUEENS COUNTY CLERK 11/09/2021 09:15 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 725017/2021
`
`RECEIVED NYSCEF: 11/09/2021
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`SEVENTH:
`
`That on the 27th day of August, 2021,
`
`the defendant,
`
`ANTHONY M. KAPORCH, was operating the motor vehicle bearing Registration No. FTK2836, New
`
`York with the consent of defendant, RICHARD A. KAPORCH.
`
`EIGHTH:
`
`That on or about
`
`the 27th day of August, 2021,
`
`the
`
`aforementioned motor vehicles bearing Registration No. JMV9728, New York and Registration No.
`
`FTK2836, New York were being operated on Madison Street at or near the intersection with
`
`Southaven Avenue in the Town of Brookhaven, County of Suffolk, State of New York.
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`NINTH:
`
`That on or about the 27th day of August, 2021, the front of the
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`vehicle bearing Registration No. FTK2836, New York struck the rear of the vehicle bearing the
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`Registration No. JMV9728, New York.
`
`TENTH:
`
`That on or about the
`
`day of August, 2021, the front of the
`
`vehicle being operated by defendant, ANTHONY M. KAPORCH, struck the rear of the vehicle being
`
`operated by the plaintiff, ROSS P. BOTWINICK.
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`ELEVENTH:
`
`That as a result of the aforementioned impact the plaintiff,
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`ROSS P. BOTWINICK, was caused to suffer severe and serious personal injuries as defined by
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`Insurance Law Section 5102(d) of the State of New York
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`TWELFTH:
`
`That this action falls within one of the exceptions to Section
`
`1602 of the Civil Practice Laws and Rules of the State of New York.
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`THIRTEENTH:
`
`That the defendants were negligent, reckless and careless
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`in following the plaintiff’s vehicle too closely; in failing to stop in time to avoid striking the rear of
`
`plaintiff’s vehicle;
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`in operating defendant’s vehicle at a unsafe rate of speed; in failing to slow
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`down; in failing to avoid striking the rear of plaintiff’s vehicle; in failing to sound a horn; in operating
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`defendant’s vehicle negligently, recklessly and carelessly;
`
`in failing to stop for a stop sign as
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`defendants were approaching same; in operating defendants’ vehicle in violation of laws, statutes
`
`and ordinances applicable to the safe manner of operating motor vehicles in the State of New
`
`York; and the defendants were in other ways negligent, reckless and careless.
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`3 of 6
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`FILED: QUEENS COUNTY CLERK 11/09/2021 09:15 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 725017/2021
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`RECEIVED NYSCEF: 11/09/2021
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`FOURTEENTH:
`
`That as a result of the aforementioned, this plaintiff was
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`caused to suffer severe and severe and serious personal injury, suffering injuries to his
`
`mind and body, some of which, upon information and belief, are believed to be permanent
`
`with permanent effects thereof, and further, this plaintiff was caused to be rendered sick,
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`sore, lame and disabled and subject to great physical pain and mental anguish for which
`
`this plaintiff was required to seek medical care and attention in an effort to alleviate and/or
`
`cure some of the ills, injuries and disabilities suffered; further, this plaintiff was prevented
`
`from following his usual vocation for a considerable period of time and was further caused
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`to be prevented from enjoying the normal fruits of his activities, both social and economic,
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`all resulting in substantial monetary expense and loss, and upon information and belief,
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`this plaintiff may continue indefinitely into the future to suffer similar losses, expenses and
`
`disabilities, all to his damage in a sum in excess of the jurisdictional limits of all lower
`
`Courts of the State of New York.
`
`WHEREFORE, plaintiff, ROSS P. BOTWINICK, demands judgment against the
`
`defendants, RICHARD A. KAPORCH and ANTHONY M. KAPORCH, in a sum in excess of
`
`jurisdictional limits of all lower Courts which would other wise have jurisdiction over this
`
`matter.
`
`Yours, etc.
`
`PAZER/rTEINI
`
`J7 & FEIN, P.C.
`
`BY:”
`
`M ICHA1
`Attorneysf6r plaintiff
`20 Vesey Street, 7th Floor
`New York, New York 10005
`(212) 227-1212
`
`4 of 6
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`

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`FILED: QUEENS COUNTY CLERK 11/09/2021 09:15 AM
`NYSCEF DOC. NO. 1
`
`____
`
`INDEX NO. 725017/2021
`
`RECEIVED NYSCEF: 11/09/2021
`
`VERIFICATION
`
`STATE OF NEWYORK
`
`COUNTY OF NEW YORK
`
`) ss:
`
`MICHAEL JAFFE, under penalty of perjury affirms:
`
`That he is counsel for the plaintiff in the within action; that he has read the foregoing
`
`SUMMONS AND VERIFIED COMPLAINT and knows the contents thereof; that the same is true
`
`to his own knowledge, except as to the matters therein stated to be alleged on information and
`
`belief, and that as to those matters he believes it to be true.
`
`Your Affirmant further says that the sources of his information and the grounds for his
`
`belief are correspondence and conferences had with the plaintiff and in investigations made by
`
`your Affirmant and members of his staff.
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`Your Affirmant further says that the reason why this verification is not made by said plaintiff
`
`is because he/she does not reside within the County of New York where your Affirmant maintains
`
`his office.
`
`Affirmed on this
`day of November, 2021
`
`MICHA
`
`5 of 6
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`

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`FILED: QUEENS COUNTY CLERK 11/09/2021 09:15 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 725017/2021
`
`RECEIVED NYSCEF: 11/09/2021
`
`Index No.:
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`ROSS P. BOTWINICK,
`
`ANTHONY M. KAPORCH and RICHARD A. KAPORCH,
`
`-against-
`
`Plaintiff(s),
`
`Defendants.
`
`SUMMONS AND VERIFIED COMPLAINT
`
`PAZER, EPSTEIN, JAFFE & FEIN, P.C.
`Attorneys for Plaintiff(s)
`20 Vesey Street, Suite 700
`New York, New York 10007
`(212) 227-1212
`
`CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. Sec. 130-1.la
`
`MICHAEL JAFFE, ESQ. hereby certifies that, pursuant to 22 N.Y.C.R.R. Sec. 130-1.la,
`all of the attached documents indicated above are not frivolous noJ f9volo9sIy
`
`Dated: New York, New York
`November 4, 2021
`
`PLEASE TAKE NOTICE
`
`Notice of Entry
`
`Notice of Settlement
`
`Dated: New York, New York
`November 4, 2021
`
`That the within is a true copy of an order entered in the office
`of the clerk of the within named court on
`
`That an Order of which the within is a true copy will be presented
`for settlement to the Hon.
`, one of the judges of the within
`named Court on
`
`at
`
`& FEIN, P.C.
`
`PAZER, EPSTEIN, JAFFE
`Attorneys for Plaintiff(s)
`20 Vesey Street, 7th Floor
`New York, New York 10007
`(212) 227-1212
`
`6 of 6
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