Mikhlyn et al v. Bove et al
Filing
224
RESPONSE to Motion re 223 Third MOTION for Discovery filed by Anna Bove Collections, Inc., Anna Bove Company, LLC, Anna Bove Embroidery Supplies, Inc., Ana Bove, Polina Dolginov. (Attachments: # 1 Exhibit) (Berger, Jonathan)
CUiiT t
i{lNGSRt, Y0CIR11
V A I M A N D E/ , P . C .
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8 0 i / i a . l 1S t r e e t / S u i t e
New York, NY 10005
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1115
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Pleinfiff
SUPREME COURT OF TIIE
STATE OF NEW YORK
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A B C A L L C O N S U I T I N G .I N C . ,
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SUMMONS
A],EXANDER AKIRSK] AND
S
T R A D E I N D I C A T O R .] N C . ,
Dlriht-i
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ruurrLy
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Lrls
Lrlal.
Defendants.
f F
Tradei ndi caLor,
is
Incatod
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e!
PfoLs
in
r , angs
Kin^<
Tnc.
a^rrni\r
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To the above named Defendant:
TRADEINDICATOR. INC.
Y O U A R E H E R E B YS U M M O N E t o
D
action
and Lo serve a copy of
is
served with
nol
this
\rayr
this
^ ^ ri J
s
erLvr-
norqnn:l
t,elrvr-urry
l\r
. J a I i r r o r o ^! v
renv
of
urithin
fho
against
you by default.
Dated:
New York/
June
of
ql
for
the
relief
appearance,
the
service
(or within
30
s , u T u t o n sS n o t
i
al
.
^E
rrsw
1u!^/
i, d^nent wiLl
.aca \'.r,r fei lrr-o
(O
service
fhis
this
the complaint.
20 days afLer
t.he date of
cvn "m, !n e r c i f
e L . Lv
run r r
j r u
it
serve a notice
summons, to
slunmons, excfusive
in
complaint
your answer, or,
Attorney (s) wiLhin
on the PLaintiff's
of
answer the
be t.aken
demanded herein.
New York
, 2oi-r
VAL MANDEI,, P.C.
R n I ^ 1 a Ii
qtr6af
St,i ta
1115
New York, New York 10005
(272) 668-L'7 0
0
Atto
fa
Pf
By:
Defendant
Address:
Name:
T rAr]a i nr,ti ^:t-^r
rn-
2100 East 21"r street
Brooklyn, New York
SUPREME COURT OF THE STATE OF NEW YORK
IndexNo.
COUNTY OF KINGS
VAL MANDEL, P.C.
Suite1115
80 Wall Street,
NewYork,NY 10005
(2r2) 668-1704
s
Attor ney fo r PIaintiff
VAL MANDEL. P. C.
80 Wal1 StreeL, Suite
New York, Ny 10005
( 2 1 " 2 6 $ $ - 1 7g g
)
Attorneys
for pfaintiff
1115
SUPRE!4ECOURT OE' THE STATE OF NEW YORK
COUNTY OF KTNGS
X
ABC ALL CONSULTING, ]NC.,
Index No. :
- a ga.rn s t
_
COMPIJIINT
ALEXANDER SAKIRSKI AND
TRADEINDICATOR,INC. ,
Juii 4 : 0 i l
Defendants.
X
Plaintiff
A B C A 1 1 C o n s u lt i n g ,
Val Mandel, P.C.,
alleges
as and for
its
Inc.,
through its
Cornplaint in
this
attorneys,
action,
as f o-llows:
THE PARTIES
1.
Plaintif
"Plaintiff")
is
2individual
3.
together
Consu.tting,
a corporatlon
laws of the State
business
f ABC All
New york,
of
organized
with
its
Inc.
( . ' A B C , ,o r
and exlsting
principal
at 2536 Harway Avenue, ApL. 2, Brooklyn,
Defendant A.lexander Sakirski
residing
at
27OO East 21.t Street,
Defendant Tradeindicator.
with
Sakirski,
(..Sakirski,,)
fnc.
.'Defendants,,)
is
under the
places
of
New york.
is
Brooklyn,
an
New york.
( . .T r a d e i n d i c a t o r , ,
a corporation
and,
organized
and existing
principal
under Lhe faws of the Stale of New york,
places
of business
with
at 2100 East 2Lst Street,
its
Brooklyn,
New York.
FACTS
4-
ABC was and is
designs
and selling
suppfies/
5.
April
the busj_ness of preparing
those designs,
along with
embroidery
embroidery
online.
Upon -Lnformation and belief,
Sakirski
met Ana Bove in
of 2008.
6.
with
in
Upon information
Ms. Bove,
organized
and belief,
2008, Sakirski,
on May 6,
Anna Bove Company, LLC ("Anna Bove
LLC" ) .
'l
.
Sakirski,
Upon information
with
Suppli-es, fnc.
8.
ofticer
9.
Ms. Bove, organized
on Ju.ly 23,
2008,
Anna Bove Embroidery
("Anna Bove Inc.").
Upon information
and belief,
Sakirski
is
a member and
and belief,
Sakirski
is
a shareholder
Sakirski
is
a shareholder
of Anna Bove LLC.
Upon information
and President
10.
and belief,
of Anna Bove Inc.
Upon informat.ion
and President
and belief,
of Tradeindicator.
11.
On or about August 2008, Mr. Sakirski,
Bove, took controf
them in
of
competition
12,
two of ABC's websites
with
misappropriated
including
and belief,
and business,
and exploited
confidential
and began operatang
ABC.
Upon information
competing web sites
along with Ms.
in the operation
Sakirski
prope.rty
of
such
improperly
belonging
customer information
to ABC,
and tangible
design
software.
13.
Upon information
or aided and abetted,
statements
against
the websites
'i
nc
l ttcli n.-t
a pattern
ABC in
operated
j.hp
and belief,
of
Sakirski
false
an effort
participated
in,
and defamatory
to divert
ABC's customers to
by Anna Bove LLC and Anna Bove Inc.,
fnlIar,rin.!
ef .at-aftont- a.
If
any other
web sites
will
appear,
offering
[Ana
a
B o w e ' s l r J o s io n e l\ ^ . : , . r l a e i n n e 1 i t - g t h o s e O n e S l i S t e d
"
on this
sj-te) WITHOUTcarrying
name AND
[Ana Bove's]
being IisLed
as an official
deafer on this
site,
it
would
mean that
they
don't
have
rights
any
Lo
distribute
those
designs.
At
this
moment the
only
other company that has a license
for selling
designs
that were created by Anna Bove is The Sewphisticated
Stitcher,
Inc.
14.
In an emaif circulated
information
Ana
Bove
illegal
disrrihrtf
and belief,
alleoed
control
i nrr
hor
fhFt
of
t o A B C ,s c u s t o m e r s ,
the assistance
ABC's
$i
,1ftFmnfed
sharehofders
[Ana Bove's]
dpci^ne
or consent
l laar'l
websites
lrr
"
of
fo
with,
Sakirskl,
"fake
and businesses"
rll-\^-^
^-f ^hf lrr
PaLsrrL!)/
upon
and are
€ l s
! or r' Do a
cl-aims have caused significant
greatly
confusion
among ABC customers
and
d a m a g e d A B C ,s b u s i n e s s .
15.
Upon information
hide the extent
described
of
conduct
pay phony business
his
and belief,
unjust
by causing
Sakirski
enrichment
has attempted
to
from the above
Anna Bove LLC and Anna Bove Inc.
ro
expenses to Tradeindicator.
AS AND FOR A TTRST CAUSE OF ACTION
(Unfair Competit ionl
16.
if
Pfaintiff
fully
set forth
I-7.
Sakirski
repeats
paragraphs
and realleges
1 to
L5 as
herein.
has engaged in
unfair
Plaintiff,
!,rhich has damaged plaintiff
determined
competition
again
at triaf.
18.
Because Sakirski's
actions
n^-l
or r.l.orar culpaDa_Laty and reffect
^f
disregard
of
awarded to
the rights
of
in
an amount to
demonstrate
a wanton aod/or
Plaintiff,
treble
a high
be
degree
reck.l-ess
damages shoufd be
the Plaintiff.
AS AND T'OR A SECOND CAUSE OF ACTION
(Unjust
19.
i f
frrl
I \7
20.
enriche.l
Plaint.if f
eai-
f ^ r l - h, , .
Sakirski
repeats and realleges
paragraphs 1 to
lB as
h. e I e 1 n .
.
and Tradeindicator
l ryr r dr it r z a r i i L _ r r r ' , ! l : i n f
nrL
P
v
\ vs!
and exploiting
Enrichment )
Plaintiff
iffr< o
have been unjustl-y
^ u r e lv ' ^€ r s
v r ou , m
' s property.
and
mi sappropriating
AS AND FOR A THIRD CAUSE Or' ACTION
(Defamation)
2L.
if
Plaintiff
fulIy
set
22.
website
forth
repeats and realleges
false
and defamatory
of Anna Bove LLC and Anna Bove Inc
by e-mail
statements
legal
rights
on the
and by sending
to customers of ABC, Sakirski
doubt upon Pfaintiff's
embroidery
21 as
herern.
By posting
newsletters
paragraphs 1 to
as the owner of
out
has cast
L.he
designs.
23,
Plaintiff
the defamatory
has suffered
actual- damaqes as a resuft
of
statements.
AS AND l'OR A FORUTH CAUSE OE ACTION
(Convers ion )
24.
'if fr:llv
Plaintiff
set
25.
renDfati
26.
qrrf ferad
repeats and realleges
Forfh herein.
Defendants converted
on
for
i <
ABC's, property,
of
DefendanLs' conversion,
^ ^ nrrL a r r u fr r i r r ^
h
n 9
uvr i
r^
<,rf fA.
AS AND I'OR A FTFTH
(Unfair
21 .
if
f r r ' ll v
28.
and Deceptive
Pf aintif
f
good wi]1
and
9g;1 ggg.
thcir
As a result
.anri
Pa-ragraphs1 to 23 as
Practices
repeats
Plaintiff
l -1
<, rJ- La r
J u . r ^ ^ F ^ -r+ L - l c l - r
has
,{--^-^^
ualrragc:D.
CAUSE OF ACTION
Pursuant to Gene.ral Business Law 5349)
and rea.L.leges Paragraphs l" to
26 as
sef for+h herein.
By engaging in
unlawful
and deceptive
trade practices,
Sakirski
has violated
29.
suffered,
As a resuft
and is
General Business Law S349.
of Sakirski,
continuing
WHEREFORE,
Pfaintiff
plaintiff
s actions,
to suffer,
has
substantia.I damages.
demands judgment
against
Defendants
as
follows:
a)
P-Iaintiff
On the
against
to be determined
First
Sakirski
other
and further
b)
pl^ini.iff
On the
:-r:inq1-
c)
Plaintiff
for
d)
Plaintiff
the suit;
Second Cause of Action,
uafanrianie
On the Third
against
On the
against
to be determined
such other
of
f,.\r
by the
and for
Cause of Action,
Sakirski
by the
Fourth
and for
Court
for
by the Court;
and further
damageS
and for
to
an
and
and proper.
judgment to
such other
an amount
and further
and proper.
awarding
judgment
compensatory damages in
reasonable
relief
in
such other
awarding
Cause of Action,
Sakirski
and proper.
compensatory damages in
for
such
judgment
awarding
^.lmnancatOry
Court
an amount
damages; for
as the Court may deem just
as the Court may deem just
relief
treble
as the Court may deem just
relief
t.o be determined
for
compensatory damages in
fees and costs
rel-ief
amount to be determined
further
for
by the Court;
reasonabl-e attorneys'
awarding judgment to
Cause of Action,
attorneys
to
an amount
fees;
and
as the Court mav deem iust
and
proper.
e)
On the
p l ^ i n+ i f f
: r ra i n c t
Fifth
Cause of Action,
crLirelzi
fnr
-^mnancafOry
to be determined
by the Cour:t; for
and costs
of
suit;
fhc
mrrr
C.rrrj-
Dated:
New
June
the
daam
and for
irrcl-
rnd
awarding judgment to
in
darnages
an
reasonabl e attorneys,
such other
and further
amOUnt
fees
re.l-ief
IrrvI/vr.
Yor k
201"L
VAL MANDEL, P. C.
QO [al:l I
qf raaf
Srri j.g
lll$
New York, New York 10005
(2L2) 668-1-'tO0
for Plaintiff
Attorneys
Rrr.
kse l rod
as
COURTOF THE STATEOF NEW YORK
SUPREME
COUNTY OF KINGS
Index No.
VAL MANDEL, P.C.
80 Wall Street,Suite1115
New York. NY 10005
(2r2) 668-1700
Attorneysfor Plaintff
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