Preview
FILED: BRONX COUNTY CLERK 03/23/2022 03:24 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/23/2022
EXHIBIT C
FILED: BRONX COUNTY CLERK 03/23/2022 03:24 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/23/2022
FILE #: 32299
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
__________..___________________________________________________Ç
LENYS CONTRERAS
Index No 805060/202IE
Affidavit of Merit
Plaintiff(s),
-against-
ZAM 178TH STREET CORP.,
Defendant(s).
____________________.....________________________________________Ç
STATE OF NEW YORK
COUNTY OF NEW YORK
LENYS CONTRERAS, being duly sworn, deposes and states
1. I am the Plaintiff in this action and I am moving for default judgment against ZAM
178TH STREET CORP who are default in pleading.
2. The incident (ceiling collapse) occurred on July 25, 2020 at 12;00 PM.
3. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP.,
was and stillis a corporation doing business in the State of New York.
4. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP.,
was the owner of the premises located at 245 East 178th Street, Bronx, New York.
5. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP.,
itsagents, servants and/or employees, owned, operated, maintained, managed and
controlled the aforementioned premises.
6. That at all the times herein mentioned, itwas the duty of the defendant(s), their agents,
servants and/or employees to and maintain said premises in a reasonable state of
keep
FILED: BRONX COUNTY CLERK 03/23/2022 03:24 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/23/2022
repair and in a good and safe condition, and not to suffer and permit said premises to
become unsafe and dangerous to pedestrians and/or customers.
7. That at all the times herein mentioned, the plaintiff was lawfully upon the aforesaid
premises.
8. That on or about 07/25/2020, while plaintiff was lawfully in the aforementioned
premises plaintiff was caused to be injured by reason of the negligence, willful, wanton
and gross negligence, carelessness and want of proper care of the defendant(s), agents,
servants and/or employees.
9. That the said incident and resulting injuries to the plaintiff were caused through no
fault of his own but were solely and wholly by reason of the negligence, willful,
wanton and gross negligence of the defendants, agents, servants and/or employees in
that the defendants suffered, caused and/or permitted and/or allowed portions of said
premises, particularly the bathroom ceiling to be, become and remain in a dangerous,
defective and/or structurally defective, hazardous, unsafe, broken, cracked, uneven,
holey, chipped, peeling, loose condition; in allowing and permitting a large portion of
said bathroom ceiling to be and remain in such a state of disrepair and/or negligent
repair for such a long and unreasonable length of time so as to cause injuries to the
plaintiff; in failing to repair and in improperly repairing; in and a
creating maintaining
menace, hazard, nuisance and trap thereat; in failing to properly maintain said premises
and in improperly maintaining said premises; and in negligent and
generally being
reckless in the premises; all in violation of the laws, statutes, ordinances and
regulations made and provided for the safe and proper operation, ownership,
maintenance and control of said premises. Plaintiff further relies upon the doctrine of
FILED: BRONX COUNTY CLERK 03/23/2022 03:24 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/23/2022
Res Ipsa Loquitur.
10. That this action falls within one or more of the exceptions set forth in CPLR 1602.
11. Both actual and constructive notice are claimed. Actual notice in that the defendants,
their agents, servants and/or employees had actual knowledge and/or created the
complained of condition; constructive notice in that the condition existed for a long
and unreasonable period of time.
12. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and
permanent injuries, and injured Cervical Spine. Lumbar Spine, Right and Left
Shoulders and Head.
13. The Summons and Complaint was filed on April 13, 2021.
14. ZAM 178TH STREET CORP. was served by April 16, 2021 by the Secretary of Stat
filed on April 27, 2021 and served on April 25, 2021 filed on May 10, 2021.
15. I have read the foregoing and itis true and accurate.
2-- C-
LENYS CONTRERAS
rn to he
__ ay of , 2022
Notary Public
Preview
FILED: BRONX COUNTY CLERK 03/23/2022 03:24 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/23/2022 EXHIBIT C FILED: BRONX COUNTY CLERK 03/23/2022 03:24 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/23/2022 FILE #: 32299 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX __________..___________________________________________________Ç LENYS CONTRERAS Index No 805060/202IE Affidavit of Merit Plaintiff(s), -against- ZAM 178TH STREET CORP., Defendant(s). ____________________.....________________________________________Ç STATE OF NEW YORK COUNTY OF NEW YORK LENYS CONTRERAS, being duly sworn, deposes and states 1. I am the Plaintiff in this action and I am moving for default judgment against ZAM 178TH STREET CORP who are default in pleading. 2. The incident (ceiling collapse) occurred on July 25, 2020 at 12;00 PM. 3. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP., was and stillis a corporation doing business in the State of New York. 4. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP., was the owner of the premises located at 245 East 178th Street, Bronx, New York. 5. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP., itsagents, servants and/or employees, owned, operated, maintained, managed and controlled the aforementioned premises. 6. That at all the times herein mentioned, itwas the duty of the defendant(s), their agents, servants and/or employees to and maintain said premises in a reasonable state of keep FILED: BRONX COUNTY CLERK 03/23/2022 03:24 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/23/2022 repair and in a good and safe condition, and not to suffer and permit said premises to become unsafe and dangerous to pedestrians and/or customers. 7. That at all the times herein mentioned, the plaintiff was lawfully upon the aforesaid premises. 8. That on or about 07/25/2020, while plaintiff was lawfully in the aforementioned premises plaintiff was caused to be injured by reason of the negligence, willful, wanton and gross negligence, carelessness and want of proper care of the defendant(s), agents, servants and/or employees. 9. That the said incident and resulting injuries to the plaintiff were caused through no fault of his own but were solely and wholly by reason of the negligence, willful, wanton and gross negligence of the defendants, agents, servants and/or employees in that the defendants suffered, caused and/or permitted and/or allowed portions of said premises, particularly the bathroom ceiling to be, become and remain in a dangerous, defective and/or structurally defective, hazardous, unsafe, broken, cracked, uneven, holey, chipped, peeling, loose condition; in allowing and permitting a large portion of said bathroom ceiling to be and remain in such a state of disrepair and/or negligent repair for such a long and unreasonable length of time so as to cause injuries to the plaintiff; in failing to repair and in improperly repairing; in and a creating maintaining menace, hazard, nuisance and trap thereat; in failing to properly maintain said premises and in improperly maintaining said premises; and in negligent and generally being reckless in the premises; all in violation of the laws, statutes, ordinances and regulations made and provided for the safe and proper operation, ownership, maintenance and control of said premises. Plaintiff further relies upon the doctrine of FILED: BRONX COUNTY CLERK 03/23/2022 03:24 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/23/2022 Res Ipsa Loquitur. 10. That this action falls within one or more of the exceptions set forth in CPLR 1602. 11. Both actual and constructive notice are claimed. Actual notice in that the defendants, their agents, servants and/or employees had actual knowledge and/or created the complained of condition; constructive notice in that the condition existed for a long and unreasonable period of time. 12. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and permanent injuries, and injured Cervical Spine. Lumbar Spine, Right and Left Shoulders and Head. 13. The Summons and Complaint was filed on April 13, 2021. 14. ZAM 178TH STREET CORP. was served by April 16, 2021 by the Secretary of Stat filed on April 27, 2021 and served on April 25, 2021 filed on May 10, 2021. 15. I have read the foregoing and itis true and accurate. 2-- C- LENYS CONTRERAS rn to he __ ay of , 2022 Notary Public