Foster v. Volkov

The following papers, numbered 1 -3, were considered in connection with Defendant AIRBNB, INC.’s Notice of Motion for an Order, pursuant to Civil Practice Law and Rules §§3211(a)(7) and (a)(8), dismissing plaintiff’s complaint and all claims asserted against Defendant AIRBNB, INC., and granting such other and further relief as the Court deems just, proper and equitable: PAPERS NUMBERED Notice of Motion/Memorandum of Law in Support/Affirmation of Jared L. Limbach, Esq./Exhibits A-G   1 Affirmation of H. Bruce Fisher, Esq. in Opposition/Exhibit A        2 Reply Brief in Further Support of AIRBNB’s Motion to Dismiss/Exhibit A/Affidavit of Katherine Brockman             3 DECISION AND ORDER Upon the foregoing papers, the Court now rules as follows: Plaintiff commenced the instant action by filing a Summons and Verified Complaint on November 30, 2022. Plaintiff submitted Affidavits of Service as to Defendants ZOYA VOLKOV and GARY VOLKOV indicating they were served on December 19, 2022, at 333 Westview Avenue Fort Lee, New Jersey 07024 pursuant to Civil Practice Law and Rules §308(2) by service of co-Defendant VITALY VOLKOV. An Affidavit of Service was filed as to Defendant VITALY VOLKOV indicating that service occurred on December 19, 2022, at the above address in Fort Lee, New Jersey pursuant to Civil Practice Law and Rules §308(1). According to an Affidavit of Service filed Defendant AIRBNB was served on December 12, 2022, by service upon a “[l]egal [r]epresentative” of CSC (Corporation Services Company).¹ Defendants ZOYA, VITALY and GARY VOLKOV failed to answer. Defendant AIRBNB filed the instant pre-answer Motion to Dismiss. Plaintiff alleges that she fell on August 22, 2022, on property owned by the VOLKOV Defendants located at 86 Sgt. Andrew Bucher Road, Village of Monticello, Sullivan County. Plaintiff also alleged in the Complaint that Defendant AIRBNB managed, owned and operated the subject location, short term rental, that she rented using their website services. In the Verified Complaint Plaintiff also alleges that Defendant AIRBNB was a “lessor” and the “lessee” of the aforementioned property. See