On March 27, 2018 a
Motion-Secondary
was filed
involving a dispute between
Baiyun Fox,
and
Super Hk Main Street Corp.,
for Torts - Product Liability (slip and fall)
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 02/20/2019 04:00 PM INDEX NO. 704614/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/20/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------------------------------------------ -----X
BAIYUN FOX, Index No.
704614/2018
Plaintiff,
-against- AFFIRMATION
IN SUPPORT OF
SUPER HK MAIN STREET CORP., PLAINTIFF'S
MOTIO_N
Defendant.
_________ ------------------------------------------------X
STEVEN LOUROS, an attorney duly authorized to practice law in the
courts of the State of New York affirms to the truth of the following under
the penalties of perjury:
1. I am the attorney for the plaintiff and respectfully make this
affirmation in support of plaintiff's motion for a default judgment and for an
assessment of damages against the defendant Super HK Main Street Corp.
2. This is an action for severe and permanent personal injuries
sustained by the plaintiff as result of defendant's negligence.
3. On July 14, 2017, plaintiff was a customer at the Super HK
Main Street Corp. located at 3711 Main Street, Flushing, New York (the
"Premises"). Plaintiff was at the fruit and vegetable stand at the time of the
accident. On the floor in that area was grapes and produce. The floor was
stained with grapes and produce which other people had stepped on.
Inexplicably, an employee of defendant, wheeled a hand truck towards the
1
1 of 3
FILED: QUEENS COUNTY CLERK 02/20/2019 04:00 PM INDEX NO. 704614/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/20/2019
plaintiff. As she moved to get out of the way, she slipped and fell on grapes
which were on the floor. Plaintiff was taken by ambulance to New York
Presbyterian Queens. A copy of the Summons and Verified Complaint and is
annexed herein as Exhibit "A".
PLAINTIFF IS ENTITLED TO A DEFAULT
JUDGEMENT AGAINST THE DEFENDANT
3. The Defendant Super HK Main Street Corp. was served with
the Summons and Verified Compliant on April 2, 2018. A copy of the
Affidavit of Service of the Summons and Verified Compliant on defendant,
"B."
Super HK Main Street Corp., is annexed herein as Exhibit
4. The defendant, Super HK Main Street Corp. defaulted in
appearing and their time to do has expired. No extension of time to interpose
an answer was given. Additional notice was given to defendant, Super HK
Main Street Corp. pursuant to CPLR 3215(g). The Affidavit of Mailing and
Notice pursuant to New York State Business Corporation Law 306(b) is
"C."
annexed as Exhibit
5. To date, no Answer was served by the defendant, Super HK
Main Street Corp.
6. The defendant, Super HK Main Street Corp. does not have a
justifiable excuse for its default, no can itjustify their dilatory conduct.
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2 of 3
FILED: QUEENS COUNTY CLERK 02/20/2019 04:00 PM INDEX NO. 704614/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/20/2019
7. As seen in the accompanying affidavit of plaintiff, the
defendant does not have a meritorious defense to this action.
8. I respectfully request that a default judgment be entered against
the defendant, Super HK Main Street Corp. as to liability and that an inquest
be held for an assessment of damages, together with interest, costs and
disbursements as demanded in the compliant.
9. No previous application for the relief prayed for herein has
heretofore been made.
WHEREFORE, it is respectfully requested that a default judgment be
entered against the defendant, Super HK Main Street Corp.
Dated: New York, New York
January 24, 2019
STEVEN LOUROS, ESQ.
SL/ pp
3
3 of 3
Document Filed Date
February 20, 2019
Case Filing Date
March 27, 2018
Category
Torts - Product Liability (slip and fall)
Status
Disposed-Court Date/Application Pending
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FILED: QUEENS COUNTY CLERK 02/20/2019 04:00 PM INDEX NO. 704614/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/20/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------ -----X BAIYUN FOX, Index No. 704614/2018 Plaintiff, -against- AFFIRMATION IN SUPPORT OF SUPER HK MAIN STREET CORP., PLAINTIFF'S MOTIO_N Defendant. _________ ------------------------------------------------X STEVEN LOUROS, an attorney duly authorized to practice law in the courts of the State of New York affirms to the truth of the following under the penalties of perjury: 1. I am the attorney for the plaintiff and respectfully make this affirmation in support of plaintiff's motion for a default judgment and for an assessment of damages against the defendant Super HK Main Street Corp. 2. This is an action for severe and permanent personal injuries sustained by the plaintiff as result of defendant's negligence. 3. On July 14, 2017, plaintiff was a customer at the Super HK Main Street Corp. located at 3711 Main Street, Flushing, New York (the "Premises"). Plaintiff was at the fruit and vegetable stand at the time of the accident. On the floor in that area was grapes and produce. The floor was stained with grapes and produce which other people had stepped on. Inexplicably, an employee of defendant, wheeled a hand truck towards the 1 1 of 3 FILED: QUEENS COUNTY CLERK 02/20/2019 04:00 PM INDEX NO. 704614/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/20/2019 plaintiff. As she moved to get out of the way, she slipped and fell on grapes which were on the floor. Plaintiff was taken by ambulance to New York Presbyterian Queens. A copy of the Summons and Verified Complaint and is annexed herein as Exhibit "A". PLAINTIFF IS ENTITLED TO A DEFAULT JUDGEMENT AGAINST THE DEFENDANT 3. The Defendant Super HK Main Street Corp. was served with the Summons and Verified Compliant on April 2, 2018. A copy of the Affidavit of Service of the Summons and Verified Compliant on defendant, "B." Super HK Main Street Corp., is annexed herein as Exhibit 4. The defendant, Super HK Main Street Corp. defaulted in appearing and their time to do has expired. No extension of time to interpose an answer was given. Additional notice was given to defendant, Super HK Main Street Corp. pursuant to CPLR 3215(g). The Affidavit of Mailing and Notice pursuant to New York State Business Corporation Law 306(b) is "C." annexed as Exhibit 5. To date, no Answer was served by the defendant, Super HK Main Street Corp. 6. The defendant, Super HK Main Street Corp. does not have a justifiable excuse for its default, no can itjustify their dilatory conduct. 2 2 of 3 FILED: QUEENS COUNTY CLERK 02/20/2019 04:00 PM INDEX NO. 704614/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/20/2019 7. As seen in the accompanying affidavit of plaintiff, the defendant does not have a meritorious defense to this action. 8. I respectfully request that a default judgment be entered against the defendant, Super HK Main Street Corp. as to liability and that an inquest be held for an assessment of damages, together with interest, costs and disbursements as demanded in the compliant. 9. No previous application for the relief prayed for herein has heretofore been made. WHEREFORE, it is respectfully requested that a default judgment be entered against the defendant, Super HK Main Street Corp. Dated: New York, New York January 24, 2019 STEVEN LOUROS, ESQ. SL/ pp 3 3 of 3