FILED: QUEENS COUNTY CLERK 02/03/ :15 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/03/2016. Plaintiff(s), Yours etc.

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1 FILED: QUEENS COUNTY CLERK 02/03/ :15 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/03/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS JUDITH RUSSO, Index : SUMMONS & COMPLAINT - against - Plaintiff(s), DILBAR KHASIDOVA, individually and as EXECUTRIX OF THE ESTATE OF NICK DYBMAN a/k/a/ NICHOLAS DYBMAN Defendant(s) x COUNTY OF VENUE: QUEENS Basis of Venue: Executor's County of Appointment Plaintiff's Residence: 7712 Trapani Lane Boynton Beach, FL To the Above Named Defendant(s) 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 20 days after service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this 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. Dated: February 1, 2016 Yours etc., Defendant(s) address: BRIAN FISHKIN THE LAW OFFICE OF BRIAN FISHKIN Attorneys for Plaintiffs 500 Old Country Road Ste. 206 Garden City, New York (516) DILBAR KHASIDOVA, individually and as EXECUTRIX OF THE ESTATE OF NICK DYBMAN 14 W. 107th St. Apt. 3A New York, NY SUMMONS.wpd

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS JUDITH RUSSO, Index : - against - Plaintiff(s), VERIFIED COMPLAINT DILBAR KHASIDOVA, individually and as EXECUTRIX OF THE ESTATE OF NICK DYBMAN a/k/a NICHOLAS DYBMAN, deceased, Defendant(s) x follows: Plaintiff, by her attorney BRIAN FISHKIN complaining of the defendant(s) alleges as THE PARTIES 1. Plaintiff JUDITH RUSSO (hereinafter "RUSSO") is a natural person residing in the County of Palm Beach, State of Florida. 2. RUSSO was the sister of NICK DYBMAN, a/k/a/ NICHOLAS DYBMAN (hereinafter NICHOLAS ), the deceased. 3. Defendant DILBAR KHASIDOVA, (hereinafter "KHADSIDOVA") is a natural person residing in the County of New York, State of New York. 4. Defendant KHASIDOVA was appointed as the Executrix of the ESTATE OF NICK DYBMAN a/k/a/ NICHOLAS DYBMAN on October 20, 2015 by decree of the Surrogate's Court, Queens County, State of New York. 5. The deceased, NICHOLAS died on September 12, Venue is proper pursuant to CPLR 503(b).

3 7. This is an action for Declaratory Judgment pursuant to CPLR BACKGROUND 8. That RUSSO and NICHOLAS were the natural children of GREGORY DYBMAN (hereinafter "GREGORY"). 9. That from January, 1983 GREGORY was the owner of the 532 shares and proprietary leased assigned to Apartment 6B of Yellowstone Blvd., Forest Hills owned by the Cooperative Corporation known as Yellowstone Boulevard Cooperative Owners', Inc. 10. That GREGORY resided in said apartment until his death The Last Will and Testament of GREGORY, dated May 28, 1983 was admitted to probate on in the Surrogate's Court of Queens County. 12. That in 1988 plaintiff, RUSSO was appointed as Executrix of the Estate of GREGORY by the Surrogate of Queens County. 13. Paragraph "Third" of the Last Will and Testament of GREGORY provided as follows: I give, devise and bequeath the five hundred thirty-two (532) shares, which I own in my name and the proprietary lease for apartment 6B, of Yellowstone Boulevard Cooperative Owners', Inc. to my daughter, JUDITH RUSSO and my son NICHOLAS DYBMAN, with the proviso that my son NICHOLAS DYBMAN shall have the right to remain in said apartment for so long as he so desire, and no sale or assignment of said shares or proprietary lease shall take place unless consented to by my son in writing. Should either my daughter JUDITH RUSSO or my son NICHOLAS DYBMAN pre-decease me, then and in that event, I give, devise and bequeath the aforesaid shares and proprietary lease on to the survivor. 14. That subsequent to GREGORY S death and on or about October 5, 1988, RUSSO and NICHOLAS entered into an assignment and assumption agreement with Yellowstone Boulevard Cooperative Owners', Inc. which agreement transferred the 532 shares and proprietary lease to RUSSO and NICHOLAS. 15. That from the date of NICHOLAS death, RUSSO has paid for the monthly -2-

4 maintenance charges of said Cooperative Apartment. 16. That pursuant to the last will and testament of GREGORY, the said shares and proprietary lease were bequeathed to RUSSO and NICHOLAS as Joint Tenants and not as Tenants- In-Common and RUSSO and NICHOLAS assumed ownership as Joint Tenants. THE CONTROVERSY 17. The Last Will and Testament of NICHOLAS dated January 3, 2007 purportedly bequeathed his shares and proprietary lease to the defendant, KHASIDOVA. 18. The aforesaid shares were bequeathed to RUSSO and NICHOLAS as joint tenants and said shares therefore passed directly to RUSSO upon the death of DYBMAN and not as testamentary property. 19. The defendant has refused acknowledge ownership by the plaintiff of the shares and the proprietary lease to the aforesaid apartment. 20. The plaintiff is desirous of listing the apartment for sale with a licensed Real Estate Broker. 21. The plaintiff is unable to list the apartment due to the cloud on the ownership asserted by the defendant both as an individual and as Executrix. 22. That an actual controversy exists between the plaintiff and the defendant in her individual and fiduciary capacity. 23. That the plaintiff does not have an adequate remedy at law. WHEREFORE, plaintiff demands judgment declaring that plaintiff, JUDITH RUSSO, is the sole owner of the 532 shares and proprietary lease assigned to Apartment 6B in Yellowstone Boulevard Cooperative Owners', Inc. together with such other and further relief as to this court may seem just and proper in the premises. -3-

5 Yours etc., BRIAN FISHKIN THE LAW OFFICE OF BRIAN FISHKIN Attorneys for Plaintiffs 500 Old Country Rd. Ste. 206 Garden City, New York (516)

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7 Index : SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS JUDITH RUSSO, - against - Plaintiff(s), DILBAR KHASIDOVA, individually and as EXECUTRIX OF THE ESTATE OF NICK DYBMAN a/k/a NICHOLAS DYBMAN, deceased. Defendant(s). SUMMONS AND VERIFIED COMPLAINT THE LAW OFFICE OF BRIAN FISHKIN Attorneys for Plaintiffs 500 Old Country Rd. Ste. 206 Garden City, New York (516)