Preview
FILED: BRONX COUNTY CLERK 03/23/2022 03:24 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/23/2022
EXHIBIT A
FILED: BRONX COUNTY CLERK 04/13/2021
03/23/2022 02:12
03:24 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 1
8 RECEIVED NYSCEF: 04/13/2021
03/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX SUMMONS
----------------------------------------------------------------------X Index No.:
LENYS CONTRERAS Date Purchased
Plaintiff designates BRONX
Plaintiff(s), County as the place of trial.
The basis of venue is:
-against- Situs of Occurrence
ZAM 178TH STREET CORP., County of BRONX
Defendant(s).
----------------------------------------------------------------------X
To the above named defendant(s):
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 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 if this 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 herein.
Dated: New York, New York
April 8, 2021
PETER MAY, ESQ.
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff
Address and Telephone Number
150 Broadway – 23rd Floor
New York, New York 10038
(212) 285-3800
File No.: 32299
Defendants Address:
ZAM 178TH STREET CORP
Zamboli
Saxon Woods Rd.
Scarsdale, NY 10583
Zam 178th Street Corp.
245 E 176th Street
Bronx, NY 10457
1 of 6
FILED: BRONX COUNTY CLERK 04/13/2021
03/23/2022 02:12
03:24 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 1
8 RECEIVED NYSCEF: 04/13/2021
03/23/2022
FILE #: 32299
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------------------------------X
LENYS CONTRERAS
VERIFIED COMPLAINT
Plaintiff(s),
-against-
ZAM 178TH STREET CORP.,
Defendant(s).
----------------------------------------------------------------X
Plaintiff, LENYS CONTRERAS, complaining of the defendant(s) by attorney, SUBIN
ASSOCIATES LLP, upon information and belief, respectfully allege(s):
1. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP., was
and still is a corporation doing business in the State of New York.
2. 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.
3. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP., its
agents, servants and/or employees operated the aforementioned premises.
4. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP., its
agents, servants and/or employees maintained the aforementioned premises.
5. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP., its
agents, servants and/or employees managed the aforementioned premises.
6. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP., its
agents, servants and/or employees controlled the aforementioned premises.
7. That at all the times herein mentioned, it was the duty of the defendant(s), their agents,
2 of 6
FILED: BRONX COUNTY CLERK 04/13/2021
03/23/2022 02:12
03:24 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 1
8 RECEIVED NYSCEF: 04/13/2021
03/23/2022
servants and/or employees to keep and maintain said premises in a reasonable state of
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.
8. That at all the times herein mentioned, the plaintiff was lawfully upon the aforesaid
premises.
9. 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.
10. 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 creating and maintaining a menace, hazard, nuisance and
trap thereat; in failing to properly maintain said premises and in improperly maintaining
said premises; and in generally being negligent and 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
3 of 6
FILED: BRONX COUNTY CLERK 04/13/2021
03/23/2022 02:12
03:24 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 1
8 RECEIVED NYSCEF: 04/13/2021
03/23/2022
further relies upon the doctrine of Res Ipsa Loquitur.
11. That this action falls within one or more of the exceptions set forth in CPLR 1602.
12. 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.
13. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and
permanent injuries, has been and will be caused great bodily injuries and pain, shock,
mental anguish; has been and is informed and verily believes maybe permanently injured;
has and will be prevented from attending to usual duties; has incurred and will incur great
expense for medical care and attention; in all to plaintiff's damage, both compensatory
and exemplary in an amount which exceeds the jurisdictional limits of all lower courts
and which warrants the jurisdiction of this Court.
WHEREFORE, the plaintiff(s) demands judgment against the defendants in an amount
which exceeds the jurisdictional limits of all lower courts and which warrants the jurisdiction of
this Court, together with the costs and disbursements of each cause of action.
DATED: New York, New York
April 8, 2021
Yours, etc.
__________________________
PETER MAY, ESQ.
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiffs
150 Broadway
New York, New York 10038
4 of 6
FILED: BRONX COUNTY CLERK 04/13/2021
03/23/2022 02:12
03:24 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 1
8 RECEIVED NYSCEF: 04/13/2021
03/23/2022
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
I, the undersigned, an attorney admitted to practice in the courts of New York State, state under
penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I have
read the foregoing SUMMONS AND COMPLAINT and know the contents thereof; the same is
true to my own knowledge, except as to the matters therein stated to be alleged 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 my client(s), is that my client(s) are not presently in the County where I maintain my
offices. The grounds of my belief as to all matters not stated upon my own knowledge are the
materials in my file and the investigations conducted by my office.
Dated: New York, New York
April 8, 2021
_______________________
PETER MAY, ESQ.
5 of 6
FILED: BRONX COUNTY CLERK 04/13/2021
03/23/2022 02:12
03:24 PM INDEX NO. 805060/2021E
NYSCEF DOC. NO. 1
8 RECEIVED NYSCEF: 04/13/2021
03/23/2022
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------------------------------------------------------------------X
LENYS CONTRERAS,
Plaintiff(s),
-against-
ZAM 178TH STREET CORP.,
Defendant(s).
----------------------------------------------------------------------X
= = = = = = = = = = = = = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = = =
SUMMONS AND VERIFIED COMPLAINT
= = = = = = = = = = = = = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = = =
SUBIN ASSOCIATES, LLP
Attorney(s) for Plaintiff(s)
Address and Telephone Number
150 Broadway 23 Floor
New York, New York 10007
(212) 285-3800
File No.: 32299
6 of 6
Preview
FILED: BRONX COUNTY CLERK 03/23/2022 03:24 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/23/2022 EXHIBIT A FILED: BRONX COUNTY CLERK 04/13/2021 03/23/2022 02:12 03:24 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 1 8 RECEIVED NYSCEF: 04/13/2021 03/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX SUMMONS ----------------------------------------------------------------------X Index No.: LENYS CONTRERAS Date Purchased Plaintiff designates BRONX Plaintiff(s), County as the place of trial. The basis of venue is: -against- Situs of Occurrence ZAM 178TH STREET CORP., County of BRONX Defendant(s). ----------------------------------------------------------------------X To the above named defendant(s): 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 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 if this 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 herein. Dated: New York, New York April 8, 2021 PETER MAY, ESQ. SUBIN ASSOCIATES LLP Attorneys for Plaintiff Address and Telephone Number 150 Broadway – 23rd Floor New York, New York 10038 (212) 285-3800 File No.: 32299 Defendants Address: ZAM 178TH STREET CORP Zamboli Saxon Woods Rd. Scarsdale, NY 10583 Zam 178th Street Corp. 245 E 176th Street Bronx, NY 10457 1 of 6 FILED: BRONX COUNTY CLERK 04/13/2021 03/23/2022 02:12 03:24 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 1 8 RECEIVED NYSCEF: 04/13/2021 03/23/2022 FILE #: 32299 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------X LENYS CONTRERAS VERIFIED COMPLAINT Plaintiff(s), -against- ZAM 178TH STREET CORP., Defendant(s). ----------------------------------------------------------------X Plaintiff, LENYS CONTRERAS, complaining of the defendant(s) by attorney, SUBIN ASSOCIATES LLP, upon information and belief, respectfully allege(s): 1. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP., was and still is a corporation doing business in the State of New York. 2. 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. 3. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP., its agents, servants and/or employees operated the aforementioned premises. 4. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP., its agents, servants and/or employees maintained the aforementioned premises. 5. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP., its agents, servants and/or employees managed the aforementioned premises. 6. That at all the times herein mentioned, the defendant, ZAM 178TH STREET CORP., its agents, servants and/or employees controlled the aforementioned premises. 7. That at all the times herein mentioned, it was the duty of the defendant(s), their agents, 2 of 6 FILED: BRONX COUNTY CLERK 04/13/2021 03/23/2022 02:12 03:24 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 1 8 RECEIVED NYSCEF: 04/13/2021 03/23/2022 servants and/or employees to keep and maintain said premises in a reasonable state of 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. 8. That at all the times herein mentioned, the plaintiff was lawfully upon the aforesaid premises. 9. 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. 10. 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 creating and maintaining a menace, hazard, nuisance and trap thereat; in failing to properly maintain said premises and in improperly maintaining said premises; and in generally being negligent and 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 3 of 6 FILED: BRONX COUNTY CLERK 04/13/2021 03/23/2022 02:12 03:24 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 1 8 RECEIVED NYSCEF: 04/13/2021 03/23/2022 further relies upon the doctrine of Res Ipsa Loquitur. 11. That this action falls within one or more of the exceptions set forth in CPLR 1602. 12. 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. 13. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and permanent injuries, has been and will be caused great bodily injuries and pain, shock, mental anguish; has been and is informed and verily believes maybe permanently injured; has and will be prevented from attending to usual duties; has incurred and will incur great expense for medical care and attention; in all to plaintiff's damage, both compensatory and exemplary in an amount which exceeds the jurisdictional limits of all lower courts and which warrants the jurisdiction of this Court. WHEREFORE, the plaintiff(s) demands judgment against the defendants in an amount which exceeds the jurisdictional limits of all lower courts and which warrants the jurisdiction of this Court, together with the costs and disbursements of each cause of action. DATED: New York, New York April 8, 2021 Yours, etc. __________________________ PETER MAY, ESQ. SUBIN ASSOCIATES, LLP Attorneys for Plaintiffs 150 Broadway New York, New York 10038 4 of 6 FILED: BRONX COUNTY CLERK 04/13/2021 03/23/2022 02:12 03:24 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 1 8 RECEIVED NYSCEF: 04/13/2021 03/23/2022 STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) I, the undersigned, an attorney admitted to practice in the courts of New York State, state under penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I have read the foregoing SUMMONS AND COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged 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 my client(s), is that my client(s) are not presently in the County where I maintain my offices. The grounds of my belief as to all matters not stated upon my own knowledge are the materials in my file and the investigations conducted by my office. Dated: New York, New York April 8, 2021 _______________________ PETER MAY, ESQ. 5 of 6 FILED: BRONX COUNTY CLERK 04/13/2021 03/23/2022 02:12 03:24 PM INDEX NO. 805060/2021E NYSCEF DOC. NO. 1 8 RECEIVED NYSCEF: 04/13/2021 03/23/2022 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------X LENYS CONTRERAS, Plaintiff(s), -against- ZAM 178TH STREET CORP., Defendant(s). ----------------------------------------------------------------------X = = = = = = = = = = = = = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = = = SUMMONS AND VERIFIED COMPLAINT = = = = = = = = = = = = = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = = = SUBIN ASSOCIATES, LLP Attorney(s) for Plaintiff(s) Address and Telephone Number 150 Broadway 23 Floor New York, New York 10007 (212) 285-3800 File No.: 32299 6 of 6