SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS MICHAEL LIVSHYTS and LILIYA LIVSHYTS, = SUMMONS Plaintiffs, Index No, z7427 /291) The basis of venue designated: The county where the Defendants reside is KINGS JOHN SCILIPOTI; 855 EAST 7™ STREET OWNERS CORP,; COOPER SQUARE REALTY, INC. and “JANE DOE” said individual being, upon information and belief, the girlfriend and co-occupant of JOHN SCILIPOTI, it being the intention of Plaintifs to amend the caption and pleading when her identity is ascertained, To the above-named defendants: You are hereby summoned and required to serve upon Plaintiffs attomey an answer to the complaint in this action within twenty (20) days after the 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. The basis of the venue designated is Kings County since the Defendants reside at all times relevant hereto and still reside in Kings County. Dated: December 5, 2011 Staten Island, New York Law Office of Nicholas M. Moccia, P.C. Attorneys for Plaintiffs By: Nicholas M. Moccia 132 Burton Avenue, Side Unit Staten Island, New York 10309 (718) 701-5772SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS MICHAEL LIVSHYTS and LILIYA LIVSHYTS, VERIFIED COMPLAINT Plaintiffs, Index No.2.742.7/391 a ‘The basis of venue designated: The county where the Defendant resides is KINGS JOHN SCILIPOTI; 855 EAST 7™ STREET OWNERS CORP.; COOPER SQUARE REALTY, INC.; and “JANE DOE” said individual being, upon information and belief, the girlfriend and co-occupant of JOHN SCILIPOTI, it being the intention of Plaintiffs to amend the caption and pleading when her identity is ascertained, Defendants. Plaintiff MICHAEL collectively, “Plaintifis”), by their attomeys, the Law Office of Nicholas M. Moccia, P.C., complain of the Defendant JOHN SCILIPOTI, Defendant JANE DOE, Defendant 855 EAST 7* STREET OWNERS CORP, and Defendant COOPER SQUARE REALTY, INC. (jointly and collectively, “Defendants”), and allege as follows: 1. Plaintiffs commence this action against Defendants for assault, battery, negligence, intentional infliction of emotional distress, slander, nuisance and negligence secking actual, consequential and punitive damages as well as reasonable attomey’s fees and costs. 2. tall times relevant times hereto, the Plaintiffs were and still are residents of the State of New York, County of Kings, residing at 855 East 7” Street, Apt. 7C, Brooklyn, New York 11230. 3. Upon information and belief, Defendant JOHN SCILIPOTI (“Defendant SCILIPOTI”) was at all times relevant hereto and still is a resident of the State of New York,County of Kings, residing at 855 East 7 Street, Apt. 6C, Brooklyn, New York 11230—ie. residing immediately below the Plaintiffs. 4. Upon information and belief, Defendant “JANE DOE” was at all times relevant hereto and still is a resident of the State of New York, County of Kings, residing at 855 East 7” Street, Apt. 6C, Brooklyn, New York 11230—ie. residing immediately below the Plaintiffs. 5. Upon information and belief, Defendant “JANE DOE” is the girlfriend of Defendant SCILIPOTI, and is an unauthorized occupant/subleasor of the 855 East 7" Street, Apt. 6C, Brooklyn, New York 11230. The Plaintiffs do not know Defendant JANE DOE’s real name; however, the Plaintiffs intend to amend the instant complaint once her identity is ascertained, 6. Defendant 855 EAST 7" STREET OWNERS CORP. (“DEFENDANT 855 East 7) is a domestic business corporation—specifically, a residential cooperative corporation— organized under, and existing by virtue of, the laws of the State of New York with a principal place of business at 855 East 7" Street, Brooklyn, New York 11230 (“Subject Premises”). 7. Defendant COOPER SQUARE REALTY, INC., (“Defendant COOPER”) is a domestic business corporation organized under, and existing by virtue of, the laws of the State of ‘New York with a principal place of business at 622 Third Avenue, 14" Floor, New York, New York 10017. Defendant COOPER, is the management company for Defendant 855 EAST 7” and manages the day-to-day operations of the Subject Premises, which is located in the County of Kings. ACTS AND OCCURANCES FROM WHICH THIS COMPLAINT ARISES 8. Since about 2009, the Plaintiffs have constantly been subject to the grotesquely objectionable and offensive conduct of Defendant SCILIPOTI and, his girlfriend, Defendant JANE DOE. aunt