Preview
FILED: QUEENS COUNTY CLERK 03/12/2018 11:06 AM INDEX NO. 703720/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF QUEENS
SUMMONS
-----------------------------------------------------------------------------------X,
LUIS CORVACHO,
Plaintiff(s), Date of Purchase:
-against- Plaintiff designates
Queens County as the place
MARJORIE ALACQUA and MARY TOM, of trial.
Defendant(s). The basis of venue isthe
Plaintiff's residence.
—X
------------------------------------------------------------------------------------X
Plaintiff resides at
42nd
4146 Street,
Woodside in the County of
Queens and State of New
York.
To the above-named Defendants:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
copy of your Answer, or, ifthe Complaint is not served with this Summons, to serve a Notice of
Appearance, on the Plaintiff's attorneys within 20 days after the service of this Summons,
exclusive of the day of service (or within 30 days after the service is complete, ifthis 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.
f
/
Dated: New York, New York /i
/
March 12, 2018 Y urs, etc ,
Enriqu Guerrero, E q.
GUERRERO 5 ROSE GARTEN
Attorneys for Plaintiff(s)
LUIS CORVACHO
7th th
363 7 Avenue 7 FlOOr
New York, New York 10001
Telephone: (212) 533-2606
Defendants'
Address:
MARJORIE ALACQUA
244 Trumbull Road
Manhasset, New York 11030
MARY TOM
27 Ethan Allen Court
Orangeburg, New York 10962
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS Index No.:
--------------------------------------------------------------------------------X
LUIS CORVACHO, VERIFIED COMPLAINT
Plaintiff(s),
-against-
MARJORIE ALACQUA and MARY TOM,
Defendant(s).
----------------------------------------------------------------------------------X
Plaintiff, LUIS CORVACHO, by and through his attorneys, GUERRERO & ROSENGARTEN,
as and for his Verified Complaint, upon information and belief, alleges the following:
1. At alltimes hereinafter mentioned, the Plaintiff, LUIS CORVACHO, was and stillisa
resident of Queens County and the State of New York.
2. At alltimes hereinafter mentioned, the Defendant, MARJORIE ALACQUA, was and stillis
a resident of Nassau County and the State of New York.
3. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, owned the
85th
premises with an address commonly known as 3232 Street, Flushing, in the County of
Queens and State of New York.
4. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, was the lessee
85th
of the premises with an address commonly known as 3232 Street, Flushing, in the County
of Queens and State of New York.
5. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, was the lessor
85th
of the premises with an address commonly known as 3232 Street, Flushing, in the County
of Queens and State of New York.
6. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, through its
shareholders, officers, directors, agents, servants and/or employees, operated the premises
85th
with an address commonly known as 3232 Street, Flushing, in the County of Queens and
State of New York.
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7. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, through its
shareholders, officers, directors, agents, servants and/or employees, managed the premises
85th
with an address commonly known as 3232 Street, Flushing, in the County of Queens and
State of New York.
8. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, through its
shareholders, officers, directors, agents, servants and/or employees, maintained the premises
85th
with an address commonly known as 3232 Street, Flushing, in the County of Queens and
State of New York.
9. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, through its
shareholders, officers, directors, agents, servants and/or employees, controlled the premises
85th
with an address commonly known as 3232 Street, Flushing, in the County of Queens and
State of New York.
10. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, through its
shareholders, officers, directors, agents, servants and/or employees, supervised the premises
85th
with an address commonly known as 3232 Street, Flushing, in the County of Queens and
State of New York.
11. At all times hereinafter mentioned, the Defendant, MARJORIE ALACQUA, through its
shareholders, partners, agents, servants and/or employees operated the public thoroughfare,
sidewalk abutting, in front of and/or adjacent to the premises with an address commonly
85th
known as 3232 85 Street, Flushing, in the County of Queens and State of New York.
12. At all times hereinafter mentioned, the Defendant, MARJORIE ALACQUA, through its
shareholders, partners, agents, servants and/or employees managed the public thoroughfare,
sidewalk abutting, in front of and/or adjacent to the premises with an address commonly
known as 3232 85 Street, Flushing, in the County of Queens and State of New York.
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13. At all times hereinafter mentioned, the Defendant, MARJORIE ALACQUA, through its
shareholders, partners, agents, servants and/or employees maintained the public thoroughfare,
sidewalk abutting, in front of and/or adjacent to the premises with an address commonly
85th
known as 3232 85 Street, Flushing, in the County of Queens and State of New York.
14. At all times hereinafter mentioned, the Defendant, MARJORIE ALACQUA, through its
shareholders, partners, agents, servants and/or employees controlled the public thoroughfare,
sidewalk abutting, in front of and/or adjacent to the premises with an address commonly
85th
known as 3232 Street, Flushing, in the County of Queens and State of New York.
15. That the Defendant, MARJORIE ALACQUA, was at all times under a duty to give the
Plaintiff a reasonably safe passageway and a reasonably safe place to walk upon.
16. That upon information and belief, the Defendant, MARJORIE ALACQUA, had the
obligation to maintain the sidewalk in front of and/or adjacent to the premises with an address
85th
commonly known as 3232 Street, Flushing, in the County of Queens and State of New York
in a safe and proper condition.
17. That upon information and belief, the Defendant, MARJORIE ALACQUA, had the
responsibility to maintain the sidewalk in front of and/or adjacent to the premises with an
85th
address commonly known as 3232 Street, Flushing, in the County of Queens and State of
New York free from dangerous and hazardous condition.
18. At all times hereinafter mentioned, the Defendant, MARJORIE ALACQUA, through its
shareholders, partners, agents, servants and/or employees was responsible for the
maintenance of the sidewalk area situated in front of, abutting and/or adjacent the premises
85th
with an address commonly known as 3232 Street, Flushing, in County of Queens and State
of New York, pursuant to New York City Administrative Code§7-210.
19. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, through its
shareholders, officers, directors, agents, servants and/or employees failed to maintain the
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aforesaid sidewalk area situated in front of, abutting and/or adjacent to the premises with an
85th
address commonly known as 3232 Street, Flushing, in County of Queens and State of New
York, pursuant to New York City Administrative Code§7-210.
20. That upon information and the MARJORIE had a non-
belief, Defendant, ALACQUA,
delegable duty to maintain the sidewalk in front of and/or adjacent to the premises with an
85th
address commonly known as 3232 Street, Flushing, in the County of Queens and State of
New York in a reasonably safe condition, free of dangers and hazards to those persons lawfully
traversing the sidewalk thereat, including the Plaintiff.
21. At all times hereinafter mentioned, the Defendant, MARY TOM, was and still is a
resident of Rockland County and the State of New York.
22. That at alltimes hereafter mentioned, Defendant, MARY TOM, owned the premises with
85th
an address commonly known as 3232 Street, Flushing, in the County of Queens and State
of New York.
23. That at all times hereafter mentioned, Defendant, MARY TOM, was the lessee of the
85th
premises with an address commonly known as 3232 Street, Flushing, in the County of
Queens and State of New York.
24. That at all times hereafter mentioned, Defendant, MARY TOM, was the lessor of the
85th
premises with an address commonly known as 3232 Street, Flushing, in the County of
Queens and State of New York.
25. That at alltimes hereafter mentioned, Defendant, MARY TOM, through its shareholders,
officers, directors, agents, servants and/or employees, operated the premises with an address
85th
commonly known as 3232 Street, Flushing, in the County of Queens and State of New York.
26. That at alltimes hereafter mentioned, Defendant, MARY TOM, through its shareholders,
officers, directors, agents, servants and/or employees, managed the premises with an address
85'
commonly known as 3232 Street, Flushing, in the County of Queens and State of New York.
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27. That at all times hereafter mentioned, Defendant, MARY TOM, through itsshareholders,
officers, directors, agents, servants and/or employees, maintained the premises with an
85th
address commonly known as 3232 Street, Flushing, in the County of Queens and State of
New York.
28. That at all times hereafter mentioned, Defendant, MARY TOM, through itsshareholders,
officers, directors, agents, servants and/or employees, controlled the premises with an address
85th
commonly known as 3232 Street, Flushing, in the County of Queens and State of New York.
29. That at all times hereafter mentioned, Defendant, MARY TOM, through itsshareholders,
officers, directors, agents, servants and/or employees, supervised the premises with an address
85th
commonly known as 3232 85 Street, Flushing, in the County of Queens and State of New York.
30. At all times hereinafter mentioned, the Defendant, MARY TOM, through its
shareholders, partners, agents, servants and/or employees operated the public thoroughfare,
sidewalk abutting, in front of and/or adjacent to the premises with an address commonly
85th
known as 3232 Street, Flushing, in the County of Queens and State of New York.
31. At all times hereinafter mentioned, the Defendant, MARY TOM, through its
shareholders, partners, agents, servants and/or employees managed the public thoroughfare,
sidewalk abutting, in front of and/or adjacent to the premises with an address commonly
85th
known as 3232 Street, Flushing, in the County of Queens and State of New York.
32. At all times hereinafter mentioned, the Defendant, MARY TOM, through its
shareholders, partners, agents, servants and/or employees maintained the public thoroughfare,
sidewalk abutting, in front of and/or adjacent to the premises with an address commonly
85th
known as 3232 Street, Flushing, in the County of Queens and State of New York.
33. At all times hereinafter mentioned, the Defendant, MARY TOM, through its
shareholders, partners, agents, servants and/or employees controlled the public thoroughfare,
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sidewalk abutting, in front of and/or adjacent to the premises with an address commonly
85th
known as 3232 Street, Flushing, in the County of Queens and State of New York.
34. That the Defendant, MARY TOM, was at all times under a duty to give the Plaintiff a
reasonably safe passageway and a reasonably safe place to walk upon.
35. That upon information and belief, the Defendant, MARY TOM, had the obligation to
maintain the sidewalk in front of and/or adjacent to the premises with an address commonly
85th
known as 3232 85 Street, Flushing, in the County of Queens and State of New York in a safe
and proper condition.
36. That upon information and belief, the Defendant, MARY TOM, had the responsibility to
maintain the sidewalk in front of and/or adjacent to the premises with an address commonly
85th
known as 3232 Street, Flushing, in the County of Queens and State of New York free from
dangerous and hazardous condition.
37. At all times hereinafter mentioned, the Defendant, MARY TOM, through its
shareholders, partners, agents, servants and/or employees was responsible for the
maintenance of the sidewalk area situated in front of, abutting and/or adjacent the premises
85th
with an address commonly known as 3232 Street, Flushing, in County of Queens and State
of New York, pursuant to New York City Administrative Code§7-210.
38. That at all times hereafter mentioned, Defendant, MARY TOM, through itsshareholders,
officers, directors, agents, servants and/or employees failed to maintain the aforesaid sidewalk
area situated in front of, abutting and/or adjacent to the premises with an address commonly
85th
known as 3232 Street, Flushing, in County of Queens and State of New York, pursuant to
New York City Administrative Code§7-210.
39. That upon information and belief, the Defendant, MARY TOM, had a non-delegable duty
to maintain the sidewalk in front of and/or adjacent to the premises with an address commonly
85'
known as 3232 Street, Flushing, in the County of Queens and State of New York in a
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reasonably safe condition, free of dangers and hazards to those persons lawfully traversing the
sidewalk thereat, including the Plaintiff.
40. That on December 25, 2016, Plaintiff, LUlS CORVACHO, while lawfully traversing the
sidewalk in front of and/or adjacent to the premises with an address commonly known as
85th
3232 Street, Flushing, in the County of Queens and State of New York, was caused to trip,
fall and be violently precipitated to the ground as a result of dangerous and defective
conditions present on the aforesaid sidewalk, thereby sustaining serious and severe permanent
injuries as hereinafter set forth due to the negligence of the Defendants and without any
negligence on the part of the Plaintiff.
41. That for an unreasonable period of time prior to December 25, 2016, in derogation of its
duties, the Defendants caused, permitted and allowed the defective and dangerous conditions
to exist at the aforesaid sidewalk.
42. That Defendants, their agents, servants, and/or employees, were negligent, reckless and
careless in the ownership, operation, maintenance, management, care, control, possession and
supervision of the aforementioned sidewalk thereat; in maintaining the aforesaid sidewalk in a
dangerous, defective, broken, uneven, cracked, condition; in failing to properly maintain the
sidewalk; in that they allowed the aforesaid dangerous conditions to exist; in failing to warn
persons thereon of the dangerous condition; in failing to repair said sidewalk; in allowing those
persons lawfully upon the sidewalk to walk around under hazardous conditions; in failing to
take precautions to remedy the problem which was inherently dangerous; in failing to warn
Plaintiff of the dangerous condition existing at the subject sidewalk; and in otherwise failing to
exercise reasonable care, diligence, and prudence in the ownership, operation, maintenance,
management, supervision and control of the sidewalk.
43. That upon information and belief, Defendants, their agents, servants and/or employees,
on the aforesaid date or prior thereto, knew of the unsafe and dangerous condition at the
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subject sidewalk and same had existed for a long enough period of time that, had they
exercised reasonable care, they could have and should have known of the condition in time to
make the subject sidewalk safe before the accident alleged in this complaint occurred.
44. That the aforesaid occurrence and the injuries resulting to the Plaintiff therefrom, were
caused solely and wholly as a result of the negligence of Defendants, without any negligence on
the part of the Plaintiff contributing thereto.
45. That solely by reason of the aforesaid, this Plaintiff sustained serious personal injuries to
and about his head, limbs, spine and body.
46. That solely by reason of the aforesaid, this Plaintiff became sick, sore, lame and
disabled, suffered, and stillsuffers and will continue to suffer for some time to come great
mental and physical pain, mental anguish and bodily injuries; that Plaintiff has been informed
and verily believes that future suffering will exist and will be permanent with permanent pain,
discomfort, inconvenience and other symptoms, signs and effects.
47. That solely by reason of the aforesaid, this Plaintiff was obliged to undergo medical care
and treatment and will be obliged to undergo further care and treatment for some time to
come.
48. That solely by reason of the aforesaid, this Plaintiff was unable to attend to said
Plaintiff's usual duties and occupation for some time; upon information and belief said Plaintiff
will be unable to do so or limited from doing so permanently or for some time in the future.
49. That solely by reason of the aforesaid, this Plaintiff has been damaged in an amount that
exceeds the jurisdictional limits of allcourts lower than the Supreme Court.
WHEREFORE, Plaintiff, LUIS CORVACHO, demands judgment against the Defendants in
an amount that exceeds the jurisdictional limits of all courts lower than the Supreme Court; all
together with interest and the costs and disbursements of this action.
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/
Dated: New York, New York
March 12, 2018
Yours, etÉ.,
/
Enrique Guerrero, Esq. j
GUERRERO & ROSENGARTEN
Attorneys for Plaintiff(s)
LUIS CORVACHO
7th 7th
363 Avenue 7 Floor
New York, New York 10001
Telephone: (212) 533-2606
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VERIFICATION BY ATTORNEY
Enrique Guerrero, Esq., an attorney duly admitted to practice before the Courts in the
State of New York, hereby affirms, under the penalties of perjury, as follows:
1. That deponent isthe attorney for the Plaintiff in the action within; that deponent
has read the foregoing Verified Complaint and knows the contents thereof; that the same is
true to deponent's own knowledge except as to the matters therein stated to be alleged upon
information and belief, and as to those matters deponent believes itto be true.
2. The reason that this verification is not made by Plaintiff and is made by
deponent is that Plaintiff does not reside in the county where the attorney for the Plaintiff has
itsoffice.
3. Deponent further states that the source of deponent's information and the
grounds of deponent's belief as to all matters not stated upon deponen iss knowledge are from
investigations made on behalf of said Plaintiff.
)
Eqri)que Guerrero, Esq.
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Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
LUIS CORVACHO,
Plaintiff(s),
against,
MARJORIE ALACQUA and MARY TOM,
Defendant(s).
SUMMONS AND VERIFIED COMPLAINT
GUERRERO & ROSENGARTEN
Attorneys for Plaintiff
7th
363 Seventh Avenue. FlOOr
New York, NY 10001
Tel: (212) 777-7000
Fax: (212) 505-6681
12 of 12
Preview
FILED: QUEENS COUNTY CLERK 03/12/2018 11:06 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF QUEENS SUMMONS -----------------------------------------------------------------------------------X, LUIS CORVACHO, Plaintiff(s), Date of Purchase: -against- Plaintiff designates Queens County as the place MARJORIE ALACQUA and MARY TOM, of trial. Defendant(s). The basis of venue isthe Plaintiff's residence. —X ------------------------------------------------------------------------------------X Plaintiff resides at 42nd 4146 Street, Woodside in the County of Queens and State of New York. To the above-named Defendants: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer, or, ifthe Complaint is not served with this Summons, to serve a Notice of Appearance, on the Plaintiff's attorneys within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete, ifthis 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. f / Dated: New York, New York /i / March 12, 2018 Y urs, etc , Enriqu Guerrero, E q. GUERRERO 5 ROSE GARTEN Attorneys for Plaintiff(s) LUIS CORVACHO 7th th 363 7 Avenue 7 FlOOr New York, New York 10001 Telephone: (212) 533-2606 Defendants' Address: MARJORIE ALACQUA 244 Trumbull Road Manhasset, New York 11030 MARY TOM 27 Ethan Allen Court Orangeburg, New York 10962 1 of 12 FILED: QUEENS COUNTY CLERK 03/12/2018 11:06 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No.: --------------------------------------------------------------------------------X LUIS CORVACHO, VERIFIED COMPLAINT Plaintiff(s), -against- MARJORIE ALACQUA and MARY TOM, Defendant(s). ----------------------------------------------------------------------------------X Plaintiff, LUIS CORVACHO, by and through his attorneys, GUERRERO & ROSENGARTEN, as and for his Verified Complaint, upon information and belief, alleges the following: 1. At alltimes hereinafter mentioned, the Plaintiff, LUIS CORVACHO, was and stillisa resident of Queens County and the State of New York. 2. At alltimes hereinafter mentioned, the Defendant, MARJORIE ALACQUA, was and stillis a resident of Nassau County and the State of New York. 3. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, owned the 85th premises with an address commonly known as 3232 Street, Flushing, in the County of Queens and State of New York. 4. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, was the lessee 85th of the premises with an address commonly known as 3232 Street, Flushing, in the County of Queens and State of New York. 5. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, was the lessor 85th of the premises with an address commonly known as 3232 Street, Flushing, in the County of Queens and State of New York. 6. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, through its shareholders, officers, directors, agents, servants and/or employees, operated the premises 85th with an address commonly known as 3232 Street, Flushing, in the County of Queens and State of New York. 2 of 12 FILED: QUEENS COUNTY CLERK 03/12/2018 11:06 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 7. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, through its shareholders, officers, directors, agents, servants and/or employees, managed the premises 85th with an address commonly known as 3232 Street, Flushing, in the County of Queens and State of New York. 8. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, through its shareholders, officers, directors, agents, servants and/or employees, maintained the premises 85th with an address commonly known as 3232 Street, Flushing, in the County of Queens and State of New York. 9. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, through its shareholders, officers, directors, agents, servants and/or employees, controlled the premises 85th with an address commonly known as 3232 Street, Flushing, in the County of Queens and State of New York. 10. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, through its shareholders, officers, directors, agents, servants and/or employees, supervised the premises 85th with an address commonly known as 3232 Street, Flushing, in the County of Queens and State of New York. 11. At all times hereinafter mentioned, the Defendant, MARJORIE ALACQUA, through its shareholders, partners, agents, servants and/or employees operated the public thoroughfare, sidewalk abutting, in front of and/or adjacent to the premises with an address commonly 85th known as 3232 85 Street, Flushing, in the County of Queens and State of New York. 12. At all times hereinafter mentioned, the Defendant, MARJORIE ALACQUA, through its shareholders, partners, agents, servants and/or employees managed the public thoroughfare, sidewalk abutting, in front of and/or adjacent to the premises with an address commonly known as 3232 85 Street, Flushing, in the County of Queens and State of New York. 3 of 12 FILED: QUEENS COUNTY CLERK 03/12/2018 11:06 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 13. At all times hereinafter mentioned, the Defendant, MARJORIE ALACQUA, through its shareholders, partners, agents, servants and/or employees maintained the public thoroughfare, sidewalk abutting, in front of and/or adjacent to the premises with an address commonly 85th known as 3232 85 Street, Flushing, in the County of Queens and State of New York. 14. At all times hereinafter mentioned, the Defendant, MARJORIE ALACQUA, through its shareholders, partners, agents, servants and/or employees controlled the public thoroughfare, sidewalk abutting, in front of and/or adjacent to the premises with an address commonly 85th known as 3232 Street, Flushing, in the County of Queens and State of New York. 15. That the Defendant, MARJORIE ALACQUA, was at all times under a duty to give the Plaintiff a reasonably safe passageway and a reasonably safe place to walk upon. 16. That upon information and belief, the Defendant, MARJORIE ALACQUA, had the obligation to maintain the sidewalk in front of and/or adjacent to the premises with an address 85th commonly known as 3232 Street, Flushing, in the County of Queens and State of New York in a safe and proper condition. 17. That upon information and belief, the Defendant, MARJORIE ALACQUA, had the responsibility to maintain the sidewalk in front of and/or adjacent to the premises with an 85th address commonly known as 3232 Street, Flushing, in the County of Queens and State of New York free from dangerous and hazardous condition. 18. At all times hereinafter mentioned, the Defendant, MARJORIE ALACQUA, through its shareholders, partners, agents, servants and/or employees was responsible for the maintenance of the sidewalk area situated in front of, abutting and/or adjacent the premises 85th with an address commonly known as 3232 Street, Flushing, in County of Queens and State of New York, pursuant to New York City Administrative Code§7-210. 19. That at all times hereafter mentioned, Defendant, MARJORIE ALACQUA, through its shareholders, officers, directors, agents, servants and/or employees failed to maintain the 4 of 12 FILED: QUEENS COUNTY CLERK 03/12/2018 11:06 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 aforesaid sidewalk area situated in front of, abutting and/or adjacent to the premises with an 85th address commonly known as 3232 Street, Flushing, in County of Queens and State of New York, pursuant to New York City Administrative Code§7-210. 20. That upon information and the MARJORIE had a non- belief, Defendant, ALACQUA, delegable duty to maintain the sidewalk in front of and/or adjacent to the premises with an 85th address commonly known as 3232 Street, Flushing, in the County of Queens and State of New York in a reasonably safe condition, free of dangers and hazards to those persons lawfully traversing the sidewalk thereat, including the Plaintiff. 21. At all times hereinafter mentioned, the Defendant, MARY TOM, was and still is a resident of Rockland County and the State of New York. 22. That at alltimes hereafter mentioned, Defendant, MARY TOM, owned the premises with 85th an address commonly known as 3232 Street, Flushing, in the County of Queens and State of New York. 23. That at all times hereafter mentioned, Defendant, MARY TOM, was the lessee of the 85th premises with an address commonly known as 3232 Street, Flushing, in the County of Queens and State of New York. 24. That at all times hereafter mentioned, Defendant, MARY TOM, was the lessor of the 85th premises with an address commonly known as 3232 Street, Flushing, in the County of Queens and State of New York. 25. That at alltimes hereafter mentioned, Defendant, MARY TOM, through its shareholders, officers, directors, agents, servants and/or employees, operated the premises with an address 85th commonly known as 3232 Street, Flushing, in the County of Queens and State of New York. 26. That at alltimes hereafter mentioned, Defendant, MARY TOM, through its shareholders, officers, directors, agents, servants and/or employees, managed the premises with an address 85' commonly known as 3232 Street, Flushing, in the County of Queens and State of New York. 5 of 12 FILED: QUEENS COUNTY CLERK 03/12/2018 11:06 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 27. That at all times hereafter mentioned, Defendant, MARY TOM, through itsshareholders, officers, directors, agents, servants and/or employees, maintained the premises with an 85th address commonly known as 3232 Street, Flushing, in the County of Queens and State of New York. 28. That at all times hereafter mentioned, Defendant, MARY TOM, through itsshareholders, officers, directors, agents, servants and/or employees, controlled the premises with an address 85th commonly known as 3232 Street, Flushing, in the County of Queens and State of New York. 29. That at all times hereafter mentioned, Defendant, MARY TOM, through itsshareholders, officers, directors, agents, servants and/or employees, supervised the premises with an address 85th commonly known as 3232 85 Street, Flushing, in the County of Queens and State of New York. 30. At all times hereinafter mentioned, the Defendant, MARY TOM, through its shareholders, partners, agents, servants and/or employees operated the public thoroughfare, sidewalk abutting, in front of and/or adjacent to the premises with an address commonly 85th known as 3232 Street, Flushing, in the County of Queens and State of New York. 31. At all times hereinafter mentioned, the Defendant, MARY TOM, through its shareholders, partners, agents, servants and/or employees managed the public thoroughfare, sidewalk abutting, in front of and/or adjacent to the premises with an address commonly 85th known as 3232 Street, Flushing, in the County of Queens and State of New York. 32. At all times hereinafter mentioned, the Defendant, MARY TOM, through its shareholders, partners, agents, servants and/or employees maintained the public thoroughfare, sidewalk abutting, in front of and/or adjacent to the premises with an address commonly 85th known as 3232 Street, Flushing, in the County of Queens and State of New York. 33. At all times hereinafter mentioned, the Defendant, MARY TOM, through its shareholders, partners, agents, servants and/or employees controlled the public thoroughfare, 6 of 12 FILED: QUEENS COUNTY CLERK 03/12/2018 11:06 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 sidewalk abutting, in front of and/or adjacent to the premises with an address commonly 85th known as 3232 Street, Flushing, in the County of Queens and State of New York. 34. That the Defendant, MARY TOM, was at all times under a duty to give the Plaintiff a reasonably safe passageway and a reasonably safe place to walk upon. 35. That upon information and belief, the Defendant, MARY TOM, had the obligation to maintain the sidewalk in front of and/or adjacent to the premises with an address commonly 85th known as 3232 85 Street, Flushing, in the County of Queens and State of New York in a safe and proper condition. 36. That upon information and belief, the Defendant, MARY TOM, had the responsibility to maintain the sidewalk in front of and/or adjacent to the premises with an address commonly 85th known as 3232 Street, Flushing, in the County of Queens and State of New York free from dangerous and hazardous condition. 37. At all times hereinafter mentioned, the Defendant, MARY TOM, through its shareholders, partners, agents, servants and/or employees was responsible for the maintenance of the sidewalk area situated in front of, abutting and/or adjacent the premises 85th with an address commonly known as 3232 Street, Flushing, in County of Queens and State of New York, pursuant to New York City Administrative Code§7-210. 38. That at all times hereafter mentioned, Defendant, MARY TOM, through itsshareholders, officers, directors, agents, servants and/or employees failed to maintain the aforesaid sidewalk area situated in front of, abutting and/or adjacent to the premises with an address commonly 85th known as 3232 Street, Flushing, in County of Queens and State of New York, pursuant to New York City Administrative Code§7-210. 39. That upon information and belief, the Defendant, MARY TOM, had a non-delegable duty to maintain the sidewalk in front of and/or adjacent to the premises with an address commonly 85' known as 3232 Street, Flushing, in the County of Queens and State of New York in a 7 of 12 FILED: QUEENS COUNTY CLERK 03/12/2018 11:06 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 reasonably safe condition, free of dangers and hazards to those persons lawfully traversing the sidewalk thereat, including the Plaintiff. 40. That on December 25, 2016, Plaintiff, LUlS CORVACHO, while lawfully traversing the sidewalk in front of and/or adjacent to the premises with an address commonly known as 85th 3232 Street, Flushing, in the County of Queens and State of New York, was caused to trip, fall and be violently precipitated to the ground as a result of dangerous and defective conditions present on the aforesaid sidewalk, thereby sustaining serious and severe permanent injuries as hereinafter set forth due to the negligence of the Defendants and without any negligence on the part of the Plaintiff. 41. That for an unreasonable period of time prior to December 25, 2016, in derogation of its duties, the Defendants caused, permitted and allowed the defective and dangerous conditions to exist at the aforesaid sidewalk. 42. That Defendants, their agents, servants, and/or employees, were negligent, reckless and careless in the ownership, operation, maintenance, management, care, control, possession and supervision of the aforementioned sidewalk thereat; in maintaining the aforesaid sidewalk in a dangerous, defective, broken, uneven, cracked, condition; in failing to properly maintain the sidewalk; in that they allowed the aforesaid dangerous conditions to exist; in failing to warn persons thereon of the dangerous condition; in failing to repair said sidewalk; in allowing those persons lawfully upon the sidewalk to walk around under hazardous conditions; in failing to take precautions to remedy the problem which was inherently dangerous; in failing to warn Plaintiff of the dangerous condition existing at the subject sidewalk; and in otherwise failing to exercise reasonable care, diligence, and prudence in the ownership, operation, maintenance, management, supervision and control of the sidewalk. 43. That upon information and belief, Defendants, their agents, servants and/or employees, on the aforesaid date or prior thereto, knew of the unsafe and dangerous condition at the 8 of 12 FILED: QUEENS COUNTY CLERK 03/12/2018 11:06 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 subject sidewalk and same had existed for a long enough period of time that, had they exercised reasonable care, they could have and should have known of the condition in time to make the subject sidewalk safe before the accident alleged in this complaint occurred. 44. That the aforesaid occurrence and the injuries resulting to the Plaintiff therefrom, were caused solely and wholly as a result of the negligence of Defendants, without any negligence on the part of the Plaintiff contributing thereto. 45. That solely by reason of the aforesaid, this Plaintiff sustained serious personal injuries to and about his head, limbs, spine and body. 46. That solely by reason of the aforesaid, this Plaintiff became sick, sore, lame and disabled, suffered, and stillsuffers and will continue to suffer for some time to come great mental and physical pain, mental anguish and bodily injuries; that Plaintiff has been informed and verily believes that future suffering will exist and will be permanent with permanent pain, discomfort, inconvenience and other symptoms, signs and effects. 47. That solely by reason of the aforesaid, this Plaintiff was obliged to undergo medical care and treatment and will be obliged to undergo further care and treatment for some time to come. 48. That solely by reason of the aforesaid, this Plaintiff was unable to attend to said Plaintiff's usual duties and occupation for some time; upon information and belief said Plaintiff will be unable to do so or limited from doing so permanently or for some time in the future. 49. That solely by reason of the aforesaid, this Plaintiff has been damaged in an amount that exceeds the jurisdictional limits of allcourts lower than the Supreme Court. WHEREFORE, Plaintiff, LUIS CORVACHO, demands judgment against the Defendants in an amount that exceeds the jurisdictional limits of all courts lower than the Supreme Court; all together with interest and the costs and disbursements of this action. 9 of 12 FILED: QUEENS COUNTY CLERK 03/12/2018 11:06 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 / Dated: New York, New York March 12, 2018 Yours, etÉ., / Enrique Guerrero, Esq. j GUERRERO & ROSENGARTEN Attorneys for Plaintiff(s) LUIS CORVACHO 7th 7th 363 Avenue 7 Floor New York, New York 10001 Telephone: (212) 533-2606 10 of 12 FILED: QUEENS COUNTY CLERK 03/12/2018 11:06 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 VERIFICATION BY ATTORNEY Enrique Guerrero, Esq., an attorney duly admitted to practice before the Courts in the State of New York, hereby affirms, under the penalties of perjury, as follows: 1. That deponent isthe attorney for the Plaintiff in the action within; that deponent has read the foregoing Verified Complaint and knows the contents thereof; that the same is true to deponent's own knowledge except as to the matters therein stated to be alleged upon information and belief, and as to those matters deponent believes itto be true. 2. The reason that this verification is not made by Plaintiff and is made by deponent is that Plaintiff does not reside in the county where the attorney for the Plaintiff has itsoffice. 3. Deponent further states that the source of deponent's information and the grounds of deponent's belief as to all matters not stated upon deponen iss knowledge are from investigations made on behalf of said Plaintiff. ) Eqri)que Guerrero, Esq. 11 of 12 FILED: QUEENS COUNTY CLERK 03/12/2018 11:06 AM INDEX NO. 703720/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS LUIS CORVACHO, Plaintiff(s), against, MARJORIE ALACQUA and MARY TOM, Defendant(s). SUMMONS AND VERIFIED COMPLAINT GUERRERO & ROSENGARTEN Attorneys for Plaintiff 7th 363 Seventh Avenue. FlOOr New York, NY 10001 Tel: (212) 777-7000 Fax: (212) 505-6681 12 of 12