Preview
FILED: QUEENS COUNTY CLERK 03/09/2018 02:34 PM INDEX NO. 703656/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018
SUPREME COURT OF THE STATE OF NEW YORK Date Filed:
COUNTY OF QUEENS Index No.:
------------------------------------X â€â€â€â€â€â€â€â€â€â€â€â€ —
ANICARLE KAZANDJIAN,
SUMMONS AND
Plaintiff, VERIFIED COMPLAINT
-against-
Plaintiffs
designate
KEVIN McCLOSKEY and PATRICIA McCLOSKEY, QUEEENS COUNTY
as the place of
Defendants. Trial.
â€â€â€â€â€â€â€â€â€â€â€â€ —â€â€â€â€â€â€
------------------------------------X The basis of venue
Plaintiffs'
is the
residence:
5 Fruitwood Lane
Commack, NY 11725
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, if the
complaint is not served with this summons, to serve a
Plaintiffs'
notice of appearance on the attorneys within
twenty days after the service of this summons, exclusive of
the day of service, where service is made by delivery upon
you personally within the state, or, within 30 days after
completion of service where service is made in any other
manner. 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: March 9 , 2018 JAGHAB, JAGHAB & JAGHAB, P.C.
. .
Attorney for Plaintiff
Office & P.O. Address
Notice: The Nature of this 176 Mineola Boulevard
action is: money damages for Mineola, New York 11501
personal injuries and loss of (516) 747-8830
services.
DEFENDANTS'
DEFENDANTS ADDRESS:
KEVIN McCLOSKEY PATRICIA McCLOSKEY
14-17— 133rd Place 14-17— 133rd Place
College Point, NY 11356 College Point, NY 11356
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--------------------------------------X â€â€â€â€â€â€â€â€â€â€â€â€ —â€
ANICARLE KAZANDJIAN,
VERIFIED COMPLAINT
Plaintiffs,
-against-
KEVIN McCLOSKEY and PATRICIA McCLOSKEY
Index No.:
Defendants.
-------------------------------------X â€â€
â€â€â€
â€â€
â€â€
â€â€
â€â€
â€â€
â€â€
â€â€
â€â€
â€â€
†—â€
â€
PLEASE TAKE NOTICE, that Plaintiff, by their
attorneys, JAGHAB, JAGHAB 6 JAGHAB, P.C., located at 176
Mineola Boulevard, Mineola, New York, complaining of the
Defendants, respectfully allege, upon information and
belief, as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF, ANICARLE KAZANDJIAN
1. That at all times hereinafter mentioned,
Defendants, KEVIN McCLOSKEY and PATRICIA McCLOSKEY, were
and still are residents of the County of Queens, State of
New York.
2. That at all times herein mentioned, on December
18, 2017, Defendants, KEVIN McCLOSKEY and PATRICIA
McCLOSKEY, were the owners in fee of the premises,
located 26th
appurtenances and fixtures thereto, at 124-08
Avenue, Flushing, NY 11355.
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3. That at all times herein mentioned, on December
18, 2017, Defendants, KEVIN McCLOSKEY and PATRICIA
McCLOSKEY, as owners, occupiers, supervisors, managers
and/or lessors of the aforementioned premises reserved onto
their selves the management, operation, maintenance,
supervision and control of the aforementioned premises,
including the interior, exterior, driveways, sidewalks,
walkways, pathways, and other common areas thereat, free
and clear of any and all dangerous, defective and hazardous
conditions, and in an otherwise safe condition for those
lawfully on or traversing the aforesaid premises.
4. That at all times herein mentioned, on December
18, 2017, as owners of the aforementioned premises,
Defendants, KEVIN McCLOSKEY and PATRICIA McCLOSKEY, their
agents, employees and/or servants were under a duty to
maintain the aforementioned premises, including but not
limited to the interior, exterior, driveways, sidewalks,
walkways, pathways and other common areas thereat, free and
clear of any and all dangerous, defective and hazardous
conditions, and in an otherwise safe condition for those
lawfully on or traversing the aforesaid premises.
5. That on or about December 18, 2018, Plaintiff,
ANICARLE KAZANDJIAN, was lawfully present at the aforesaid
premises, and was caused to slip, trip and fall on a
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walkway leading to the front entrance thereat, which
walkway was maintained in a dangerous, defective and
dilapidated condition, along with insufficient lighting,
which condition was allowed to remain thereat for a
prolonged period of time.
6. The above mentioned occurrence, and the results
thereof, was caused by the negligence of the Defendants,
their servants, agents, employees and/or licensees in the
ownership, operation, management, supervision, maintenance
and/or control of the aforesaid premises.
7. That on or about December 18 , 2018, the
Defendants, their servants, agents, employees and/or
licensees were negligent, careless and/or reckless in the
ownership, operation, management, maintenance, and/or
control of the aforesaid premises, including but not
limited to driveways, sidewalks, pathways, walkways and
other appurtenances attached thereto; in causing, allowing
and permitting said premises to become and/or remain for a
sufficiently long period of time in a dangerous, defective
and hazardous condition; in failing to give proper notice,
either actual or constructive, of said dangerous, defective
and/or hazardous condition; in causing, allowing and/or
permitting a trap to exist on said premises; in failing to
maintain the said premises in a reasonably safe and proper
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in and/or mis-
condition; causing, allowing permitting
leveling of the concrete pavement, walkway, pathway and/or
sidewalk thereat and remain on the said premises for an
unreasonable length of time; in causing, allowing and/or
permitting water, snow and/or ice to accumulate and remain
on the said premises for an unreasonable length of time; in
failing to remove and/or prevent said water, snow and/or
ice in a timely and proper manner from accumulating
thereat; in removing the said snow and/or ice in a
negligent manner; in causing, allowing and/or permitting an
obstruction to Plaintiff, ANICARLE KAZANDJIAN'S, safe
passage at said location; in failing to provide this
Plaintiff with safe and proper ingress and egress on the
premises; in negligently and carelessly causing and/or
permitting the above premises to be, become and/or remain
in said dangerous, defective and hazardous condition for an
unreasonable length of time; in failing to take suitable
and reasonable precautions for the safety of persons on or
using said premises; thereby resulting in this Plaintiff
sustaining the severe and permanent injuries complained of
herein.
8. That the accident and injuries resulting
therefrom were caused solely by the negligence of the
Defendants, their agents, licensees, servants and
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employees, without any negligence on the part of the
Plaintiff contributing thereto.
9. That this action falls within one or more of the
exceptions as set forth in C.P.L.R. §1602.
10 . That as a result of the foregoing, Plaintif f ,
ANICARLE KAZANDJIAN, was caused to sustain serious injuries
and to have suffered pain, shock and mental anguish; that
these injuries and their effects will be permanent; as a
result of said injuries this Plaintiff was caused, and will
continue to be caused, to incur expenses for medical care
and attention; and this Plaintiff was, and will continue to
'
be, rendered unable to perform this Plaintif f s normal
activities and duties and has sustained a resultant loss
therefrom.
11. That as a result of the foregoing, Plaintif f ,
ANICARLE KAZANDJIAN, was damaged in an amount to be
determined by the Court, which amount exceeds the
jurisdictional limitations of all lower courts which would
otherwise have jurisdiction over this action.
WHEREFORE, Plaintif f respectfully demands judgment as
against the Defendants as follows: in the first cause of
action, an amount which exceeds the jurisdictional
limitations of all lower courts which would otherwise have
jurisdiction over this action.
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Dated: Mineola, New York
March 9, 2018
tours, etc.,
JAGHAB, JAG J HAB, P.C.
By:
Matt Fleischer, I Esq.
Attorneys for Plaintiff
176 Mineola Boulevard
Mineola, New York 11501
(516) 747-8830
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ATTORNEY VERIFICATION
1,MATTHEW FLEISCHER, an attorney admitted to practice in the Courts of New York
State, state that I am the attorney of record for Plaintiff in the within action: I have read the
foregoing SUMMONS AND VERIFlED COMPLAINT and know the contents thereof; the same
is true to my own knowledge, except as to the matters therein alleged to be on information and
belief, and as to those matters I believe to be true.
The reason this verification is made by me and not by plaintiff, is that the plaintilTs
is in a other than the «:
wherein I maintain office.
residence County County my
The grounds of my belief as to all matters not stated upon my own knowledge are as
follows: Contents of tile which constitutes attorney s work product.
I affirm that the foregoing statements are true, under penalties of perjury.
Dated: Mineola, New York
March 9, 2018.
MATTHEW
WIATTHEiV FLEISCHER, ESQ.
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Index #:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTYOFQUEENS
ANICARLE KAZANDJIAN,
Plaintiff,
-against-
KEVIN McCLOSKEY and PATRICIA McCLOSKEY,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
JAGHAB. JAGHAB & JAGHAB. P.C.
Attorneys for Plaintiff
176 Mineola Boulevard
Mincola, New York 11501
(516) 747-8830
Adriana@888thefirm.com
...._..__.. . . ... ____...
Pursuant to 22 NYCRR 130-l.la. the undersigned. an attorney admitted to practice in the
courts of New York State, certifies that upon information and helief and reasonable inquity,
the contentions contained in the annexed doctunent are not fi·ivolous.
Dated: March 9, 2018.
Yotirs. etc..
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Preview
FILED: QUEENS COUNTY CLERK 03/09/2018 02:34 PM INDEX NO. 703656/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 SUPREME COURT OF THE STATE OF NEW YORK Date Filed: COUNTY OF QUEENS Index No.: ------------------------------------X â€â€â€â€â€â€â€â€â€â€â€â€ — ANICARLE KAZANDJIAN, SUMMONS AND Plaintiff, VERIFIED COMPLAINT -against- Plaintiffs designate KEVIN McCLOSKEY and PATRICIA McCLOSKEY, QUEEENS COUNTY as the place of Defendants. Trial. â€â€â€â€â€â€â€â€â€â€â€â€ —â€â€â€â€â€â€ ------------------------------------X The basis of venue Plaintiffs' is the residence: 5 Fruitwood Lane Commack, NY 11725 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, if the complaint is not served with this summons, to serve a Plaintiffs' notice of appearance on the attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. 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: March 9 , 2018 JAGHAB, JAGHAB & JAGHAB, P.C. . . Attorney for Plaintiff Office & P.O. Address Notice: The Nature of this 176 Mineola Boulevard action is: money damages for Mineola, New York 11501 personal injuries and loss of (516) 747-8830 services. DEFENDANTS' DEFENDANTS ADDRESS: KEVIN McCLOSKEY PATRICIA McCLOSKEY 14-17— 133rd Place 14-17— 133rd Place College Point, NY 11356 College Point, NY 11356 1 of 9 FILED: QUEENS COUNTY CLERK 03/09/2018 02:34 PM INDEX NO. 703656/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------X â€â€â€â€â€â€â€â€â€â€â€â€ —†ANICARLE KAZANDJIAN, VERIFIED COMPLAINT Plaintiffs, -against- KEVIN McCLOSKEY and PATRICIA McCLOSKEY Index No.: Defendants. -------------------------------------X â€â€ â€â€â€ â€â€ â€â€ â€â€ â€â€ â€â€ â€â€ â€â€ â€â€ â€â€ †—††PLEASE TAKE NOTICE, that Plaintiff, by their attorneys, JAGHAB, JAGHAB 6 JAGHAB, P.C., located at 176 Mineola Boulevard, Mineola, New York, complaining of the Defendants, respectfully allege, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF, ANICARLE KAZANDJIAN 1. That at all times hereinafter mentioned, Defendants, KEVIN McCLOSKEY and PATRICIA McCLOSKEY, were and still are residents of the County of Queens, State of New York. 2. That at all times herein mentioned, on December 18, 2017, Defendants, KEVIN McCLOSKEY and PATRICIA McCLOSKEY, were the owners in fee of the premises, located 26th appurtenances and fixtures thereto, at 124-08 Avenue, Flushing, NY 11355. 2 of 9 FILED: QUEENS COUNTY CLERK 03/09/2018 02:34 PM INDEX NO. 703656/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 3. That at all times herein mentioned, on December 18, 2017, Defendants, KEVIN McCLOSKEY and PATRICIA McCLOSKEY, as owners, occupiers, supervisors, managers and/or lessors of the aforementioned premises reserved onto their selves the management, operation, maintenance, supervision and control of the aforementioned premises, including the interior, exterior, driveways, sidewalks, walkways, pathways, and other common areas thereat, free and clear of any and all dangerous, defective and hazardous conditions, and in an otherwise safe condition for those lawfully on or traversing the aforesaid premises. 4. That at all times herein mentioned, on December 18, 2017, as owners of the aforementioned premises, Defendants, KEVIN McCLOSKEY and PATRICIA McCLOSKEY, their agents, employees and/or servants were under a duty to maintain the aforementioned premises, including but not limited to the interior, exterior, driveways, sidewalks, walkways, pathways and other common areas thereat, free and clear of any and all dangerous, defective and hazardous conditions, and in an otherwise safe condition for those lawfully on or traversing the aforesaid premises. 5. That on or about December 18, 2018, Plaintiff, ANICARLE KAZANDJIAN, was lawfully present at the aforesaid premises, and was caused to slip, trip and fall on a 3 of 9 FILED: QUEENS COUNTY CLERK 03/09/2018 02:34 PM INDEX NO. 703656/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 walkway leading to the front entrance thereat, which walkway was maintained in a dangerous, defective and dilapidated condition, along with insufficient lighting, which condition was allowed to remain thereat for a prolonged period of time. 6. The above mentioned occurrence, and the results thereof, was caused by the negligence of the Defendants, their servants, agents, employees and/or licensees in the ownership, operation, management, supervision, maintenance and/or control of the aforesaid premises. 7. That on or about December 18 , 2018, the Defendants, their servants, agents, employees and/or licensees were negligent, careless and/or reckless in the ownership, operation, management, maintenance, and/or control of the aforesaid premises, including but not limited to driveways, sidewalks, pathways, walkways and other appurtenances attached thereto; in causing, allowing and permitting said premises to become and/or remain for a sufficiently long period of time in a dangerous, defective and hazardous condition; in failing to give proper notice, either actual or constructive, of said dangerous, defective and/or hazardous condition; in causing, allowing and/or permitting a trap to exist on said premises; in failing to maintain the said premises in a reasonably safe and proper 4 of 9 FILED: QUEENS COUNTY CLERK 03/09/2018 02:34 PM INDEX NO. 703656/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 in and/or mis- condition; causing, allowing permitting leveling of the concrete pavement, walkway, pathway and/or sidewalk thereat and remain on the said premises for an unreasonable length of time; in causing, allowing and/or permitting water, snow and/or ice to accumulate and remain on the said premises for an unreasonable length of time; in failing to remove and/or prevent said water, snow and/or ice in a timely and proper manner from accumulating thereat; in removing the said snow and/or ice in a negligent manner; in causing, allowing and/or permitting an obstruction to Plaintiff, ANICARLE KAZANDJIAN'S, safe passage at said location; in failing to provide this Plaintiff with safe and proper ingress and egress on the premises; in negligently and carelessly causing and/or permitting the above premises to be, become and/or remain in said dangerous, defective and hazardous condition for an unreasonable length of time; in failing to take suitable and reasonable precautions for the safety of persons on or using said premises; thereby resulting in this Plaintiff sustaining the severe and permanent injuries complained of herein. 8. That the accident and injuries resulting therefrom were caused solely by the negligence of the Defendants, their agents, licensees, servants and 5 of 9 FILED: QUEENS COUNTY CLERK 03/09/2018 02:34 PM INDEX NO. 703656/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 employees, without any negligence on the part of the Plaintiff contributing thereto. 9. That this action falls within one or more of the exceptions as set forth in C.P.L.R. §1602. 10 . That as a result of the foregoing, Plaintif f , ANICARLE KAZANDJIAN, was caused to sustain serious injuries and to have suffered pain, shock and mental anguish; that these injuries and their effects will be permanent; as a result of said injuries this Plaintiff was caused, and will continue to be caused, to incur expenses for medical care and attention; and this Plaintiff was, and will continue to ' be, rendered unable to perform this Plaintif f s normal activities and duties and has sustained a resultant loss therefrom. 11. That as a result of the foregoing, Plaintif f , ANICARLE KAZANDJIAN, was damaged in an amount to be determined by the Court, which amount exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction over this action. WHEREFORE, Plaintif f respectfully demands judgment as against the Defendants as follows: in the first cause of action, an amount which exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction over this action. 6 of 9 FILED: QUEENS COUNTY CLERK 03/09/2018 02:34 PM INDEX NO. 703656/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 Dated: Mineola, New York March 9, 2018 tours, etc., JAGHAB, JAG J HAB, P.C. By: Matt Fleischer, I Esq. Attorneys for Plaintiff 176 Mineola Boulevard Mineola, New York 11501 (516) 747-8830 7 of 9 FILED: QUEENS COUNTY CLERK 03/09/2018 02:34 PM INDEX NO. 703656/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 ATTORNEY VERIFICATION 1,MATTHEW FLEISCHER, an attorney admitted to practice in the Courts of New York State, state that I am the attorney of record for Plaintiff in the within action: I have read the foregoing SUMMONS AND VERIFlED COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters therein alleged to be on information and belief, and as to those matters I believe to be true. The reason this verification is made by me and not by plaintiff, is that the plaintilTs is in a other than the «: wherein I maintain office. residence County County my The grounds of my belief as to all matters not stated upon my own knowledge are as follows: Contents of tile which constitutes attorney s work product. I affirm that the foregoing statements are true, under penalties of perjury. Dated: Mineola, New York March 9, 2018. MATTHEW WIATTHEiV FLEISCHER, ESQ. 8 of 9 FILED: QUEENS COUNTY CLERK 03/09/2018 02:34 PM INDEX NO. 703656/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 Index #: SUPREME COURT OF THE STATE OF NEW YORK COUNTYOFQUEENS ANICARLE KAZANDJIAN, Plaintiff, -against- KEVIN McCLOSKEY and PATRICIA McCLOSKEY, Defendants. SUMMONS AND VERIFIED COMPLAINT JAGHAB. JAGHAB & JAGHAB. P.C. Attorneys for Plaintiff 176 Mineola Boulevard Mincola, New York 11501 (516) 747-8830 Adriana@888thefirm.com ...._..__.. . . ... ____... Pursuant to 22 NYCRR 130-l.la. the undersigned. an attorney admitted to practice in the courts of New York State, certifies that upon information and helief and reasonable inquity, the contentions contained in the annexed doctunent are not fi·ivolous. Dated: March 9, 2018. Yotirs. etc.. 9 of 9