Lawsuit Against Charles Polevich

FILED: NASSAU COUNTY CLERK 03/08/2021 10:15 AM INDEX NO.
602737/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2021
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NASSAU
CAROL DAIEL MARAJ as Proposed Administrator Index No.: 602737/2021
of the Estate of ROBERT MARAJ, Deceased, and
CAROL DAIEL MARAJ Individually, SUMMONS
Plaintiff,
-against-
CHARLES T. POLEVICH,
Defendant.
To the above-named Defendant(s):
YOU ARE HEREBY SUMMONED to answer the complaint in their action and
to serve a copy of your answer, or, if the complaint is not served with their summons, to serve a
notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of the summons,
exclusive of the day of service (or within 30 days after the service is complete if the summons is
not personally delivered to you within the State of New York); and in case of your failure to appear
or answer, judgment will be taken against you by default for the relief demanded in the complaint.
The basis of venue is the plaintiff’s residence; Plaintiff resides at 967 Middle Bay
Drive, Baldwin, New York 11510, State of New York. County of Nassau.
Dated: New York, New York

March 8, 2021
Yours, etc.,
NAPOLI SHKOLNIK, PLLC
____________________________
By: Joseph P. Napoli
Benjamin Crump, Attorney at Law
Proposed Pro hac vice Attorney
Attorneys for Plaintiff
360 Lexington Avenue – 11th Floor
New York, New York 10017-6502
(212) 397-1000
1 of 15
FILED: NASSAU COUNTY CLERK 03/08/2021 10:15 AM INDEX NO. 602737/2021
To: Via Service of Process

Charles T. Polevich
165 Roselle Street
Mineola, New York 11501
2 of 15

COUNTY OF NASSAU
CAROL DAIEL MARAJ Individually,
VERIFIED COMPLAINT
Plaintiff,
-against-
Defendant.
PLAINTIFF, CAROL DAIEL MARAJ as Proposed Administrator of the Estate
of ROBERT MARAJ, Deceased, and CAROL DAIEL MARAJ Individually, by her attorneys
NAPOLI SHKOLNIK, PLLC., complaining of defendants, upon information and belief, shows:
1. That at all times hereinafter mentioned, plaintiff CAROL DAIEL MARAJ
was and is a resident of the State of New York, County of Nassau.
2. That at all times hereinafter mentioned, Defendant CHARLES T.
POLEVICH was and is a resident of the State of New York, County of Nassau.
AS AND FOR A FIRST CAUSE OF ACTION
3. That on February 12, 2021, plaintiff CAROL DAIEL MARAJ became the
widow of the decedent ROBERT MARAJ.
4. That at all times hereinafter mentioned, plaintiff CAROL DAIEL MANAJ
was the legal wife of the decedent ROBERT MARAJ.
5. That at all times hereinafter mentioned, Onika Tanya Maraj-Petty,
professionally known as “NICKI MINAJ” was the legal daughter of the decedent ROBERT
3 of 15
MARAJ.
6. That upon information and belief, the decedent, ROBERT MARAJ, died on
February 12, 2021
7. That at all times hereinafter mentioned, Plaintiff CAROL DAIEL MARAJ,
the Proposed Administrator of the Estate of ROBERT MARAJ, residing at 967 Middle Bay Drive,
Baldwin, New York 11510, of the County of Nassau, State of New York.
8. That at all times hereinafter mentioned, Plaintiff, CAROL DAIEL MARAJ,
was the legal wife of the decedent ROBERT MARAJ, thus, has standing to be appointed the
Administratrix his Estate.
9. That on or about February 12, 2021 Defendant, CHARLES T. POLEVICH,
was the owner of a 1992 Volvo motor vehicle bearing a New York State license plate number
FFY4418.
10. That on or about February 12, 2021 Defendant, CHARLES T. POLEVICH
was the registered owner of a 1992 Volvo motor vehicle bearing a New York State license plate
number FFY4418.
maintained a 1992 Volvo motor vehicle bearing a New York State license plate number FFY4418.
managed a 1992 Volvo motor vehicle bearing a New York State license plate number FFY4418.
4 of 15
controlled a 1992 Volvo motor vehicle bearing a New York State license plate number FFY4418.
inspected a 1992 Volvo motor vehicle bearing a New York State license plate number FFY4418.
15. That on or about February 12, 2021, Defendant, CHARLES T. POLEVICH,
was responsible for the repair and maintenance of a 1992 Volvo motor vehicle bearing a New York
State license plate number FFY4418.
16. That on or about February 12, 2021, Defendant, CHARLES T. POLEVICH,
leased a 1992 Volvo motor vehicle bearing a New York State license plate number FFY4418.
17. That on or about February 12, 2021, Defendant, CHARLES T. POLEVICH
was the lessee of a 1992 Volvo motor vehicle bearing a New York State license plate number
FFY4418.
was the lessor of a 1992 Volvo motor vehicle bearing a New York State license plate number
FFY4418.
operated a 1992 Volvo motor vehicle bearing a New York State license plate number FFY4418,
with the permission and consent of the registered owner.
operated a 1992 Volvo motor vehicle bearing a New York State license plate number FFY4418,
with the permission and consent of the registered owner, on the roads of Nassau County, City of
Mineola, and/or the roads and public highways within the State of New York.
5 of 15
21. That on or about February 12, 2021, Plaintiff’s decedent, ROBERT
MARAJ was a pedestrian lawfully present on Raff Avenue at the intersection of Roslyn Road,
County of Nassau, City of Mineola, State of New York.
22. That on or about February 12, 2021, and at all times relevant to this
Complaint, the aforementioned motor vehicle came into violent contact with the Plaintiff’s
decedent, ROBERT MARAJ’s, body at the aforesaid location.
23. That on or about February 12, 2021, and at all times relevant to this
Complaint, the aforementioned motor vehicle came into violent contact with the Plaintiff’s
decedent, ROBERT MARAJ, at the aforesaid location.
24. On or about February 12, 2021, Defendants, CHARLES T. POLEVICH
failed and neglected to keep the aforementioned 1992 Volvo motor vehicle bearing a New York
State license plate number FFY4418 under any or proper control.
25. That the aforesaid collision and injuries resulting therefrom, were solely and
wholly as a result of the careless and negligent manner in which the defendant owned, operated,
maintained and controlled his motor vehicle without the Plaintiff’s decedent, in any way
contributing.
26. That Defendant, CHARLES T. POLEVICH was negligent by reason of the
recklessness and carelessness in the ownership, operation, maintenance, management and control
of the aforesaid 1992 Volvo motor vehicle bearing a New York State license plate number
FFY4418; in failing to properly maintain, repair and care of his motor vehicle; in operating same
without due regard to the rights and safety of the Plaintiff’s decedent; in operating said motor
6 of 15
vehicle in a manner which unreasonably endangered the Plaintiff’s decedent; in failing to have
said motor vehicle under reasonable and proper control; in failing to keep a proper lookout upon
the roadway; in leaving the scene of an accident; in failing to give due and proper warning of the
movements of said motor vehicle; in failing to slow or stop said motor vehicle in order to avoid
the accident; in failing to heed traffic controls; in failing to stay in the proper lane of traffic; in
failing to signal or give signals; in failing to afford the plaintiff a reasonable opportunity to reach
a place of safety; in so operating the motor vehicle as to cause the same to come in contact with
such objects and/or persons as were involved in said accident; in so operating the motor vehicle as
to cause the same to be in such a position on the highway as to endanger the safety to others; in so
operating said motor vehicle at such speed at said location as to cause the same to be of danger to
others, in failing to operate and/or entrust the use of said motor vehicle to a suitable, competent,
qualified, responsible, experienced, trained, diligent and adequate person; in failing to ensure that
said motor vehicle was operated by and/or entrusted for the use and operation as a vehicle, to a
person who was fit, responsible, reliable, trustworthy, experienced, properly trained, instructed
and of suitable judgment; in failing to ensure that said motor vehicle was not operated and/or
entrusted for use and operation as a vehicle, to a person without suitable judgment, experience,
skill and diligence, who constituted a potential menace, hazard or danger to the public or otherwise,
those with unsuitable propensities and those with emotional, physical, psychological and/or
physiological traits or characteristics or unsuitable or unstable or contraindicated to safely operate
and control such vehicle; in failing to ensure that said motor vehicle was not operated by a person
who was incapable of safely operating same, and in violating those statutes, ordinances and
regulations (of which the Court will take Judicial notice) in such cases made and provided.
27. That by reason of the foregoing, culpable conduct and the negligence if the
said defendant, the Plaintiff’s decedent, ROBERT MARAJ, sustained serious, severe, and
7 of 15
permanent injuries to his head, limbs and body, resulting in his conscious pain and suffering,
became sick, sore, lame and disabled and so remained for a considerable length of time until his
ultimate death.
28. That as a result of the aforesaid contact, Plaintiff’s decedent, ROBERT
MARAJ was injured.
29. That as a result of the aforesaid contact, Plaintiff’s decedent, ROBERT
MARAJ was seriously injured.
30. That as a result of the aforesaid contact and accident and the injuries
resulting therefrom, were due solely and wholly as a result of the careless, reckless, and negligent
manner in which the Defendant owned, operated and controlled the motor vehicle without the
Plaintiff in any way contributing thereto.
31. That as a result of the aforesaid contact, plaintiff’s decedent, ROBERT
MARAJ was gravely and seriously injured.
32. That as a result of the negligence of the defendant as aforementioned, and
the injuries thereby sustained, Plaintiff’s decedent, was ultimately caused to expire.
33. By reason of the wrongful, negligent and unlawful actions of the
Defendants, as aforesaid, the Plaintiff’s decedent, ROBERT MARAJ sustained serious injuries as
defined in §5102(d) of the Insurance Law of the State of New York and has sustained economic
loss greater than basic economic loss as defined in said Insurance Law.
8 of 15
34. As a result of the foregoing, Plaintiff’s decedent, ROBERT MARAJ was
adversely affected in her health, wellbeing and future treatments, was caused to sustain severe and
permanent personal injuries thereby caused the wrongful death of the Plaintiff’s decedent, and
Plaintiff, CAROL DAIEL MARAJ, as the Administrator of the Estate of ROBERT MANAJ, was
caused to expend and become obligated to expend sums of money for the medical services related
expenses, and has been damaged in a sum which exceeds the jurisdictional limits of all lower courts.
35. That ROBERT MARAJ, deceased, was caused to sustain serious injuries and
to have suffered pain and suffered pain, shock, mental anguish and death; that these injuries and their
effects will be permanent; as a result of said injuries and death, Plaintiff, CAROL DAIEL MARAJ;
was caused and will continue to be caused to incur expenses for medical care and attention of
ROBERT MARAJ, deceased, and as a result of her death and has sustained economic loss.
36. That as a result of all of the foregoing, Plaintiff CAROL DAIEL MARAJ,
was caused to and did suffer and sustain economic and pecuniary losses.
37. That as a result of the foregoing, Plaintiff, CAROL DAIEL MARAJ, as
Proposed Administrator of the Estate of ROBERT MARAJ, deceased, has been damaged in a sum
that exceeds the jurisdictional limits of all the lower courts which would otherwise have jurisdiction.
AS AND FOR THE SECOND CAUSE OF ACTION
38. Plaintiffs and the decedent's distributees, repeat, reiterate and re-allege each
and every allegation contained in paragraphs designated as numbers 1 through 37 of this Complaint
with the same force and effect as if more fully set forth at length herein.
9 of 15
39. That as a result of the negligence of the Defendants, Plaintiff’s decedent,
ROBERT MARAJ, was caused to and did suffer and sustain serious and severe personal injuries
resulting in his death.
40. As a result of the negligence of the Defendants, Plaintiff’s decedent,
ROBERT MARAJ, sustained serious and severe injuries which resulted in his death on February
12, 2021.
41. That as a result of the foregoing, Plaintiff’s decedent, ROBERT MARAJ,
was caused to and did suffer and sustain conscious pain and suffering, shock, mental anguish and
fear of death, prior to his ultimate death.
42. That the aforesaid collision and injuries resulting therefrom, were due solely
and wholly as a result of the careless and negligent manner in which the defendant owned,
operated, maintained and controlled his motor vehicle without the Plaintiff or Plaintiff’s decedent,
in any way contributing thereto.
43. That defendant’s actions were criminal in leaving the scene of an accident.
44. That Plaintiff’s decedent, ROBERT MARAJ, left surviving next-of-kin and
distributees.
45. That as a consequence of the foregoing, Plaintiff’s decedent, ROBERT
MARAJ’s estate became liable for funeral, medical and other expenses.
46. That as a consequence of the foregoing, Plaintiff-Decedent’s next-of-kin
and distributees lost the services, income, support, and guidance of Plaintiff-Decedent and all were
10 of 15
pecuniarily damaged in a sum in excess of the jurisdictional limits of all lower courts which might
otherwise have jurisdiction.
47. By reason of the above, ROBERT MARAJ, by the Adminstrator of his
Estate, CAROL DAIEL MARAJ, brings this action as the Plaintiff for conscious pain and
suffering, loss of enjoyment of life and for economic damages, both general and special, in an
amount that exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION

ON BEHALF OF PLAINTIFF CAROL DAIEL MARAJ
49. That at all times hereinafter mentioned, Plaintiff CAROL DAIEL MARAJ,
was the lawful wedded wife of the decedent, ROBERT MARAJ, and as such is entitled to the
services, society, comfort, companionship and consortium of her husband.
50. That as a result of the foregoing occurrence, and resulting serious personal
injuries, plaintiff has been deprived of the services, society, comfort, companionship and
consortium of her husband.
AS AND FOR A FOURTH CAUSE OF ACTION
11 of 15
52. That by reason of the foregoing and the negligence of the defendants, the
decedent ROBERT MARAJ, sustained severe personal injuries which ultimately resulted in his
wrongful death.
53. That as a result of the foregoing negligence of the defendant as indicated
hereinabove, the decedent’s estate necessarily incurred funeral expenses and other expenses in
connection with decedent’s funeral and burial and medical expenses and will necessarily incur
expenses in the settlement of the Estate of decedent and his heirs at law suffered pecuniary,
nonpecuniary and economic loss and his next of kin have been damaged.
54. That the damages in this action exceed the jurisdiction of the lower courts
which would otherwise have jurisdiction over the subject matter.
55. That due to the aforesaid, plaintiff suffered damages in an amount to be
determined by the Court.
AS AND FOR A FIFTH CAUSE OF ACTION
57. That Defendant was wanton, reckless, and grossly negligent in his conduct
which will result in punitive damages in the amount of 100,000,000.00.
58. That Defendant in leaving the scene, and abandoning the decedent, also
acted wanton, reckless, and with total disregard for decedent’s chance to survive his injuries.
12 of 15
59. That the damages in this action exceed the jurisdiction of the lower courts
which would otherwise have jurisdiction over the subject matter.
60. That due to the aforesaid, plaintiff suffered damages in an amount to be
determined by the Court.
WHEREFORE, Plaintiff ROBERT MARAJ, by the Administrators of her Estate,
CAROL DAIEL MARAJ, demand judgment against Defendants herein on the First, Second Third
and Fourth Causes of Action in the amount $50,000,000.00 and judgment in the amount of
$100,000,000.00 on the Fifth Cause of Action together with the interest, costs and disbursements
of same allowed by law.

March 8, 2021
Yours, etc.,
____________________________
By: Joseph P. Napoli
Benjamin Crump, Attorney at Law
Proposed Pro hac vice Attorney
Attorneys for Plaintiff
360 Lexington Avenue – 11th Floor
(212) 397-1000
To: Via Service of Process

Charles T. Polevich
165 Roselle Street
Mineola, New York 11501
13 of 15

COUNTY OF NASSAU
CAROL DAIEL MARAJ Individually,
VERIFICATION
Plaintiff,
-against-
Defendant.
STATE OF NEW YORK }

COUNTY OF NEW YORK } ss:
JOSEPH P. NAPOLI, ESQ., an attorney admitted to practice in the Courts of New

York State, states:
1. Affirmant is a senior of the law firm of NAPOLI SHKOLNIK, PLLC,

attorneys of record for the plaintiff in the within action. Affirmant has read the foregoing
SUMMONS & COMPLAINT and knows the contents thereof; the same is true to affirmant's own
knowledge, except as to the matters therein stated to be alleged on information and belief, and that
as to those matters, affirmant believes it to be true.
2. This verification is made by affirmant and not by plaintiff, for the reason
that plaintiff’s residence is not in the county where affirmant maintains his office.
3. The ground of affirmant's belief as to all matters not stated upon affirmant's
knowledge are as follows: information furnished by plaintiff and counsel's investigation.
The undersigned affirms that the foregoing statements are true, under the penalties
of perjury.

March 8, 2021
_________________________
Joseph P. Napoli
14 of 15
Index No.: 602737/2021

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU
CAROL DAIEL MARAJ as Proposed Administrator of the Estate of ROBERT MARAJ,

Deceased, and CAROL DAIEL MARAJ Individually,
Plaintiff,
-against-
Defendant.
SUMMONS & VERIFIED COMPLAINT

Attorneys for Plaintiff(s)
360 Lexington Avenue, 11th Floor
Tel.: (212) 397-1000
CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. §130-1.1a
JOSEPH P. NAPOLI ESQ., hereby certifies that, pursuant to 22 N.Y.C.R.R. §130-1.1a , the
foregoing is not frivolous as nor frivolously presented.
_____________________
Dated: New York, New York Joseph P. Napoli, Esq.,
March 8, 2021
To
Attorney(s) for Plaintiff
Service of a copy of the within is hereby admitted.

Dated:
Attorney(s) for Plaintiff
□ Please take notice that the within is a (certified) true copy of a

duly entered in the Office of the Clerk of the within named Court on , 20
□ Please take Please take notice 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, at on , 20
at : □ a.m./ □ p.m.
15 of 15

Lawsuit Against Charles Polevich

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Lawsuit Against Charles Polevich

Uploaded by

Copyright:

Available Formats

FILED: NASSAU COUNTY CLERK 03/08/2021 10:15 AM INDEX NO.

SUPREME COURT OF THE STATE OF NEW YORK

To the above-named Defendant(s):

Dated: New York, New York

NAPOLI SHKOLNIK, PLLC

To: Via Service of Process

SUPREME COURT OF THE STATE OF NEW YORK

PLAINTIFF, CAROL DAIEL MARAJ as Proposed Administrator of the Estate

1. That at all times hereinafter mentioned, plaintiff CAROL DAIEL MARAJ

was and is a resident of the State of New York, County of Nassau.

2. That at all times hereinafter mentioned, Defendant CHARLES T.

AS AND FOR A FIRST CAUSE OF ACTION

widow of the decedent ROBERT MARAJ.

4. That at all times hereinafter mentioned, plaintiff CAROL DAIEL MANAJ

was the legal wife of the decedent ROBERT MARAJ.

5. That at all times hereinafter mentioned, Onika Tanya Maraj-Petty,

February 12, 2021

7. That at all times hereinafter mentioned, Plaintiff CAROL DAIEL MARAJ,

8. That at all times hereinafter mentioned, Plaintiff, CAROL DAIEL MARAJ,

Administratrix his Estate.

9. That on or about February 12, 2021 Defendant, CHARLES T. POLEVICH,

10. That on or about February 12, 2021 Defendant, CHARLES T. POLEVICH

11. That on or about February 12, 2021 Defendant, CHARLES T. POLEVICH

12. That on or about February 12, 2021 Defendant, CHARLES T. POLEVICH

13. That on or about February 12, 2021 Defendant, CHARLES T. POLEVICH

14. That on or about February 12, 2021 Defendant, CHARLES T. POLEVICH

15. That on or about February 12, 2021, Defendant, CHARLES T. POLEVICH,

State license plate number FFY4418.

16. That on or about February 12, 2021, Defendant, CHARLES T. POLEVICH,

17. That on or about February 12, 2021, Defendant, CHARLES T. POLEVICH

18. That on or about February 12, 2021, Defendant, CHARLES T. POLEVICH

19. That on or about February 12, 2021, Defendant, CHARLES T. POLEVICH

with the permission and consent of the registered owner.

20. That on or about February 12, 2021, Defendant, CHARLES T. POLEVICH

21. That on or about February 12, 2021, Plaintiff’s decedent, ROBERT

County of Nassau, City of Mineola, State of New York.

decedent, ROBERT MARAJ’s, body at the aforesaid location.

decedent, ROBERT MARAJ, at the aforesaid location.

24. On or about February 12, 2021, Defendants, CHARLES T. POLEVICH

State license plate number FFY4418 under any or proper control.

26. That Defendant, CHARLES T. POLEVICH was negligent by reason of the

physiological traits or characteristics or unsuitable or unstable or contraindicated to safely operate

28. That as a result of the aforesaid contact, Plaintiff’s decedent, ROBERT

MARAJ was injured.

29. That as a result of the aforesaid contact, Plaintiff’s decedent, ROBERT

MARAJ was seriously injured.

Plaintiff in any way contributing thereto.

31. That as a result of the aforesaid contact, plaintiff’s decedent, ROBERT

MARAJ was gravely and seriously injured.

32. That as a result of the negligence of the defendant as aforementioned, and

33. By reason of the wrongful, negligent and unlawful actions of the

34. As a result of the foregoing, Plaintiff’s decedent, ROBERT MARAJ was

37. That as a result of the foregoing, Plaintiff, CAROL DAIEL MARAJ, as

AS AND FOR THE SECOND CAUSE OF ACTION

39. That as a result of the negligence of the Defendants, Plaintiff’s decedent,

resulting in his death.

40. As a result of the negligence of the Defendants, Plaintiff’s decedent,

41. That as a result of the foregoing, Plaintiff’s decedent, ROBERT MARAJ,

fear of death, prior to his ultimate death.

in any way contributing thereto.

45. That as a consequence of the foregoing, Plaintiff’s decedent, ROBERT

46. That as a consequence of the foregoing, Plaintiff-Decedent’s next-of-kin