Preview
FILED: QUEENS COUNTY CLERK 03/09/2018 03:57 PM INDEX NO. 703667/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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Index No.
KATHLEEN DUFFY, Plaintiffdesignates
Queens County
as the place of trial
Plaintiff,
- - - The basis of venue is
against
Defendant Business residence
ST. JOHN'S UNIVERSITY
Summons
Defenht. :
Defendants Address:
80-00 Utopia Parkway
Queens, NY 11439
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To theabove named Defendant:
YOU ARE HEREBY SUMMONED to answer the Verified Complaint in thisaction and to serve a copy of
your Verified Answer on the undersigned attorneys, McCarthy | Kelly LLP, representing plain within twenty
(20) days afterthe service of thisSummons, exclusive of the day of service (or within30 days after the serviceis
complete ifthisSummons is notpersonally delivered to you within the State ofNew York).
Please take notice that thisaction isbased on a negligence cause of action,that plaintiffseek money damages for
personal injuriesand that in case of your failure to appear or answer, judgment willbe taken against you by
default for thereliefdemanded inthe Verified Complaint.
Dated: New York, NY
March 5, 2018
McCarthy | Kelly LLP
Plaintiff'
Attorneys for Plaintiff
By:
r
Gerald T. McCarthy
52 ~
Duane Street - 7th Floor
New York, NY 10007
(212) 732-6408
Defendant's address:
Saint John's University
80-00 Utopia Parkway
Queens, NY 11439
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FILED: QUEENS COUNTY CLERK 03/09/2018 03:57 PM INDEX NO. 703667/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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KATHLEEN DUFFY, : Index No.
Plaintiff, :
VERIFIED
- against - : COMPLAINT
ST. JOHN'S UNIVERSITY, :
Defendant. :
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Plaintiff KATHLEEN DUFFY by her attorneys McCarthy | Kelly LLP states and alleges
the following upon information and belief:
FIRST CAUSE
OF ACTION
1. That at all times herein mentioned, plaintiffs was, and stillare residents of the State
of Pennsylvania.
2. That at all times hereinafter mentioned, defendant ST. JOHN'S UNIVERSITY
was a domestic corporation duly organized and existing pursuant to the laws of the State of New
York.
3. That at all times hereinafter mentioned, defendant owned the premises known as
the Carnesecca Arena, on the ST. JOHN'S UNIVERSITY, and located at 80-00 Utopia Parkway,
"Premises"
Queens, NY 11439 (hereinafter referred to herein as the "Premises").
4. That at all times hereinafter mentioned, defendant operated a business at the
aforementioned premises, to wit, an arena open to the public.
5. That at alltimes hereinafter mentioned, defendant maintained the premises.
6. That at alltimes hereinafter mentioned, defendant controlled the premises.
7. That at alltimes hereinafter mentioned, defendant designed the premises.
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8. That at alltimes hereinaiter mentioned, defendant constructed the premises.
plaintiff'
9. That on Saturday July 22, 2017, plaintiff Kathleen Duffy was lawfully on the
premises while attending a Catholic youth group mass, and was sitting in the bleachers of
Carnesecca Arena attending a Catholic Mass, and during that Mass was caused to fall into a large
gap in the walkway of the bleachers.
10. At the aforementioned time and place, plaintiff KATHLEEN DUFFY was severely
injured due to the negligence, carelessness and recklessness of the defendant, their agents,
servants and/or employees in the ownership, operation, management, control, construction,
design, repair and maintenance of the premises.
11. As a result of the aforementioned, plaintiff KATHLEEN DUFFY sustained severe
and serious permanent personal injuries; incurred medical expenses and sustained other
consequential damages.
12. The limitations on liabilityset forth in CPLR Section 1601 do not apply to this
action by reason of one or more of the exemptions set forth in CPLR Section 1602.
13. Plaintiffs demand a trial by jury on allissues.
WHEREFORE, plaintiff KATHLEEN DUFFY demand judgment against the defendants
in an amount in excess of the jurisdictional limits of all lower Courts in which this action may
otherwise have been brought, together with interest, costs and disbursements of this action.
Dated: New York, NY
March 5, 2018
McCarthy | Kelly LLP
Plaintiff'
Attorneys for Plaintiff
r.
Gerald T. McCarthy
52 Duane Street - 7th Floor
New York, NY 10007
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018
(212) 732-6408
Defendant's address:
St. John's University
80-00 Utopia Parkway
Queens, NY 11439
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018
ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
Gerald T. McCarthy, being duly sworn, states that he is an attorney duly admitted to
practice in the State of New York and a member of the law firm of McCarthy | Kelly LLP,
attorneys for plaintiff in the within action; that the foregoing Verified Complaint is true to his own
knowledge, except as to those matters herein stated to be alleged upon information and belief and
as to those matters he believes them to be true; that the grounds of his belief as to allmatters not
plaintiff'
stated upon his knowledge are from conversations with plaintiff and/or documents furnished to
plaintiff.'
him by plaintiff.
The undersigned further states that this verification is made by the undersigned and not by
plaintiff because plaintiff is not in the county where affirmant has his office.
r
Gerald T. McCarthy
Sworn to me this day
March 5, 2018
WILLIAM PATRICK KELLY
Notary Public,Stateof New York
No. 81-02KE5005012
Qualifiedin QueensCounty
Commission Expires November 80,
Notary Public
5 of 5
Preview
FILED: QUEENS COUNTY CLERK 03/09/2018 03:57 PM INDEX NO. 703667/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------x Index No. KATHLEEN DUFFY, Plaintiffdesignates Queens County as the place of trial Plaintiff, - - - The basis of venue is against Defendant Business residence ST. JOHN'S UNIVERSITY Summons Defenht. : Defendants Address: 80-00 Utopia Parkway Queens, NY 11439 ------------------------------------------------------------------x To theabove named Defendant: YOU ARE HEREBY SUMMONED to answer the Verified Complaint in thisaction and to serve a copy of your Verified Answer on the undersigned attorneys, McCarthy | Kelly LLP, representing plain within twenty (20) days afterthe service of thisSummons, exclusive of the day of service (or within30 days after the serviceis complete ifthisSummons is notpersonally delivered to you within the State ofNew York). Please take notice that thisaction isbased on a negligence cause of action,that plaintiffseek money damages for personal injuriesand that in case of your failure to appear or answer, judgment willbe taken against you by default for thereliefdemanded inthe Verified Complaint. Dated: New York, NY March 5, 2018 McCarthy | Kelly LLP Plaintiff' Attorneys for Plaintiff By: r Gerald T. McCarthy 52 ~ Duane Street - 7th Floor New York, NY 10007 (212) 732-6408 Defendant's address: Saint John's University 80-00 Utopia Parkway Queens, NY 11439 1 of 5 FILED: QUEENS COUNTY CLERK 03/09/2018 03:57 PM INDEX NO. 703667/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------x KATHLEEN DUFFY, : Index No. Plaintiff, : VERIFIED - against - : COMPLAINT ST. JOHN'S UNIVERSITY, : Defendant. : ------------------------------------------------------------------x Plaintiff KATHLEEN DUFFY by her attorneys McCarthy | Kelly LLP states and alleges the following upon information and belief: FIRST CAUSE OF ACTION 1. That at all times herein mentioned, plaintiffs was, and stillare residents of the State of Pennsylvania. 2. That at all times hereinafter mentioned, defendant ST. JOHN'S UNIVERSITY was a domestic corporation duly organized and existing pursuant to the laws of the State of New York. 3. That at all times hereinafter mentioned, defendant owned the premises known as the Carnesecca Arena, on the ST. JOHN'S UNIVERSITY, and located at 80-00 Utopia Parkway, "Premises" Queens, NY 11439 (hereinafter referred to herein as the "Premises"). 4. That at all times hereinafter mentioned, defendant operated a business at the aforementioned premises, to wit, an arena open to the public. 5. That at alltimes hereinafter mentioned, defendant maintained the premises. 6. That at alltimes hereinafter mentioned, defendant controlled the premises. 7. That at alltimes hereinafter mentioned, defendant designed the premises. 2 of 5 FILED: QUEENS COUNTY CLERK 03/09/2018 03:57 PM INDEX NO. 703667/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 8. That at alltimes hereinaiter mentioned, defendant constructed the premises. plaintiff' 9. That on Saturday July 22, 2017, plaintiff Kathleen Duffy was lawfully on the premises while attending a Catholic youth group mass, and was sitting in the bleachers of Carnesecca Arena attending a Catholic Mass, and during that Mass was caused to fall into a large gap in the walkway of the bleachers. 10. At the aforementioned time and place, plaintiff KATHLEEN DUFFY was severely injured due to the negligence, carelessness and recklessness of the defendant, their agents, servants and/or employees in the ownership, operation, management, control, construction, design, repair and maintenance of the premises. 11. As a result of the aforementioned, plaintiff KATHLEEN DUFFY sustained severe and serious permanent personal injuries; incurred medical expenses and sustained other consequential damages. 12. The limitations on liabilityset forth in CPLR Section 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR Section 1602. 13. Plaintiffs demand a trial by jury on allissues. WHEREFORE, plaintiff KATHLEEN DUFFY demand judgment against the defendants in an amount in excess of the jurisdictional limits of all lower Courts in which this action may otherwise have been brought, together with interest, costs and disbursements of this action. Dated: New York, NY March 5, 2018 McCarthy | Kelly LLP Plaintiff' Attorneys for Plaintiff r. Gerald T. McCarthy 52 Duane Street - 7th Floor New York, NY 10007 3 of 5 FILED: QUEENS COUNTY CLERK 03/09/2018 03:57 PM INDEX NO. 703667/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 (212) 732-6408 Defendant's address: St. John's University 80-00 Utopia Parkway Queens, NY 11439 4 of 5 FILED: QUEENS COUNTY CLERK 03/09/2018 03:57 PM INDEX NO. 703667/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2018 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) Gerald T. McCarthy, being duly sworn, states that he is an attorney duly admitted to practice in the State of New York and a member of the law firm of McCarthy | Kelly LLP, attorneys for plaintiff in the within action; that the foregoing Verified Complaint is true to his own knowledge, except as to those matters herein stated to be alleged upon information and belief and as to those matters he believes them to be true; that the grounds of his belief as to allmatters not plaintiff' stated upon his knowledge are from conversations with plaintiff and/or documents furnished to plaintiff.' him by plaintiff. The undersigned further states that this verification is made by the undersigned and not by plaintiff because plaintiff is not in the county where affirmant has his office. r Gerald T. McCarthy Sworn to me this day March 5, 2018 WILLIAM PATRICK KELLY Notary Public,Stateof New York No. 81-02KE5005012 Qualifiedin QueensCounty Commission Expires November 80, Notary Public 5 of 5