Preview
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021
EXHIBIT I
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
VICTOR CALDERON, VERIFIED
COMPLAINT
Plaintiff,
Index No.:
-against-
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC., CHRISTINA FALGIANO AND
J.K.S., INC., d/b/a/ J&K LANDSCAPING,
Defendants.
Plaintiff, by her attorneys, CHELLI & BUSH, complaining of the Defendants herein,
respectfully sets forth and alleges to the Court as follows:
AS AND FOR A FIRST CAUSE OF ACTION:
1. At the time of the commenceilient of this action, Plaintiff was a resident of the City and
State of New York, County of Richmond.
2. That this action falls within one or more of the exemptions set forth in CPLR section
1602.
3. The cause of action alleged herein arose in the County of Richmond, State of New York.
4. On May 25, 2020, and at all times mentioned herein there existed a premises located at
21 Garth Court, Staten Island, NY.
5. That at all times mentioned herein, there existed a corporation known as HOLIDAY
VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. which was organized and formed
pursuant to the laws of the state of New York.
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021
6. That, at all times mentioned herein, and on May 25, 2020, the Defendant, HOLIDAY
VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. (hereinafter referred to as
"HOLIDAY") maintained itsprincipal place of business in Richmond County, State of New York.
7. That at all times mentioned herein, and on May 25, 2020, the Defendant, HOLIDAY was
the owner of the land, sidewalks, walkways and paths and structures/premises thereon, commanly known
as 21 Garth Court, Staten Island, New York.
8. That at all times mentioned herein, and on May 25, 2020, Defendant CHRISTINA
FALGIANO was and is a resident of Richmond county, city and state of New York.
9. That at all times mentioned herein, and on May 25, 2020, Defendant CHRISTINA
FALGIANO, owned the land, sidewalks, walkways paths and structures/premiscs thereon, commonly
known as 21 Garth Court, Staten Island, New York.
10. That at all times mentioned herein, the Defendant HOLIDAY leased the land, sidewalks.
walkways and paths and structures/premises thereon, commonly known as 21 Garth Court, Staten Island,
New York.
11. That at all times mentioned herein, the Defendant CHRISTINA FALGIANO leased the
land, sidewalks, walkways and paths and structures/premises thereon, commonly known as 21 Garth
Court, Staten Island, New York.
12. That at all times mentioned herein, the Defendant, HOLIDAY, operated the land,
sidewalks, walkways, paths and premises/premises commonly known as 21 Garth Court, Staten Island,
New York.
13. That at all times mentioned herein, the Defendant CHRISTINA FALGIANO operated the
land, sidewalks, walkways, paths and structures/premises located at 21 Garth Court, Staten Island, New
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021
York.
14. That at all times mentioned herein, the Defendant HOLIDAY mañagcd the land,
sidewalks, walkways, paths and premises/structures commonly known as 21 Garth Court, Staten Island,
New York.
15. That at all times mentioned herein, the Defendant CHRISTINA FALGIANO managed
the land, sidewalks, walkways, paths and premises/structures commonly known as 21 Garth Court, Staten
Island, New York.
16. That at all times mentioned herein, the Defendant, HOLIDAY, controlled the land,
sidewalks, walkways, paths, and premises/structures commonly known as 21 Garth Court, Staten Island,
2New York.
17. That at all times mentioned herein, the Defendant, CHRISTINA FALGIANO, controlled
the land, sidewalks, walkways, paths, and premises/structures commonly known as 21 Garth Court,
Staten Island, New York.
18. That at all times mentioned herein, the Defendant, HOLIDAY, maintained the land,
sidewalks, walkways, paths, premises/structures commonly known as 21 Garth Court, Staten Island, New
York.
19. That at all times mentioned herein, the Defendant3 CHRISTINA FALGIANO, maintained
the land, sidewalks, walkways, paths and premises/structums commonly known as 21 Garth Court, Staten
Island, New York.
20. That at all times mentioned herein, the Defendant HOLIDAY, possessed and/or occupied
the land, sidewalks, walkways, paths and premises/structures commonly known as 21 Garth Court, Staten
Island, New York.
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021
21. That at all times mentioned herein, the Defendant CHRISTINA FALGIANO possessed
and/or occupied the land, sidewalks, walkways, paths, premises/structures commonly known as 21 Garth
Court, Staten Island, New York.
22. That at all times mentioned herein, there existed a corporation known as J&K. INC.
which was organized and fonmed pursuant to the laws of the state of New York.
23. That, at all times mentioned herein, and on May 25, 2020, the Defendant, J.K.S., INC.,
d/b/a J&K LANDSCAPING (hereinafter referred to as "J&K") maintained its principal place of
business in Richmond County, State of New York.
24. That at all times mentioned herein, and on May 25, 2020, the Defendant, J&K was a
business entity which performed contracting/repair/construction/maintenance work and/or landscaping
services on behalf of the general public.
25. That during the time period immediately leading up to and including Mat 25, 2020, J&K
performed contracting, repair/construction/maintenance work and/or Iandscaping services on behalf of
Defendant HOLIDAY at the premises/property commonly known as 21 Garth Court, Staten Island, New
York.
26. That at all times mentioned herein, the Defendant, J&K, operated the land, sidewalks,
walkways, paths and premises/premises commonly known as 21 Garth Court, Staten Island, New York.
27. That at all times mentioned herein, the Defendant J&K managed the land, sidewalks,
walkways, paths and premises/structures commonly known as 21 Garth Court, Staten Island, New York.
28. That at all times mentioned herein, the Defendant, J&K, controlled the land, sidewalks,
walkways, paths, and premises/structures commonly known as 21 Garth Court, Staten Island, 2New
York.
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021
29. That at all times mentioned herein, the Defendant, J&K, maintained the land, sidewalks,
walkways, paths, premises/structures commonly known as 21 Garth Court, Staten Island, New York.
30. That at all times mentioned herein, the Defendant J&K, possessed and/or occupied the
land, sidewalks, walkways, paths and premises/structures commonly known as 21 Garth Court, Staten
Island, New York.
31. That on or about May 25, 2020 while lawfully walking on the external
walkway/sidewalk/pathway leading to defendant's premises located at 21 Garth Court, Staten Island,
New York, the Plaintiff was caused to slip, trip and fall on a negligently maintained and defective
property at, on, or near the concrete/cement sidewalk/walkway/path.
32. That the above occurrence was caused solely by and through the negligence of the
defendants, their agents, servants and/or employees, herein, without any negligence on the part of the
Plaintiff contributing thereto.
33. That the Defendants had both actual and constructive notice of the dangerous and
defective conditions and practices complained of herein.
34. That the defendants created the defective and dangerous condition.
35. That the defendant, and/or their agents, servants, associates and/or employees were
negligent, careless and reckless, in that they/it:
a) Negligently, carelessly and recklessly, failed and omitted to properly, shore, equip, guard,
arrange, operate and conduct its actives at the aforementioned premises, so as to provide reasonable and
adequate protection and safety to the persons therein, and more particularly to the Plaintiff herein;
b) Failed and omitted to provide the Plaintiff with a safe place to walk;
c) Failed and omitted to insure that the area Plaintiff was walking on atthe aforementioned
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021
location was kept free of hazardous conditions;
d) Failed and omitted to properly train & inspect their/its employees at the aforementioned
premises;
e) Failed and omitted to properly and adequately coordinate the activities of their/its
employees with the public at large and more particularly the Plaintiff;
f) Failed and omitted to construct and/or install barricades and/or other warnings so as to
apprise the public at large, and more particularly the Plaintiff herein, of the dangerous conditions existing
thereat;
g) Failed and omitted to properly secure the public areas so that Plaintiff could walk in
safety;
h) Failed to properly maintain and repair the aforesaid location;
i) Negligently and improperly maintained the concrete/cement sidewalk/walkway/path and
surrounding dirt/grass adjoining the sidewalk/walkway/path causing an unlevel and dangerous difference
in elevation, which created a dangerous and/or trap-like condition leading to the severe and permanent
injuries of the plaintiff herein.
36. That as a result of the negligence of the defendants, the Plaintiff, VICTOR CALDERON,
became, still is and for a long time to come, will be sick, sore, lame, bruised, injured, disabled and
wounded in and about the various parts of his head, limbs, body, blood vessels and surrounding tissues,
and has suffered severe and extreme mental shock, anguish and psychic injuries, and that Plaintiff was
otherwise injured, and upon information and belief, said injuries are permanent. That by reason of the
foregoing, the Plaintiff was obligated to and did necessarily employ medical aid, hospital services,
medicinals and medical supplies in an attempt to cure the aforesaid injuries, and has been prevented
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021
.............
from his usual duties and will be so prevented for a long time to come.
37. That by reason of the foregoing, the Plaintiff, VICTOR CALDERON, has been damaged
in an amount that exceeds the jurisdictional limits of all lower courts.
WHEREFORE, the Plaintiff, VICTOR CALDERON, demands judgmeñt against the Defendants,
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC., CHRISTINA
FALGIANO and JX.S, INC., d/b/a J&K LANDSCAPING, in an amount that exceeds the jurisdictional
limits of all lower courts which would otherwise have jurisdiction, together with costs and
disbursements of this action.
Dated: Staten Island, New York
June 15, 2021
By: Joseph A. D'Agostino, Esq.
CHELLI & BUSH
Attorneys for Plaintiff
149 New Dorp Lane
Staten Island, New York 10306
Tel. (718) 987-8444
TO:
Holiday Villas Homeowners Association, Inc.
1610 Riclunond Road
Staten Island, New York 10304
Holiday Villas Homeowners Association, Inc.
42 Vedder Avenue
Staten Island, New York 10314
Christina Falgiano
21 Garth Court
Staten Island, New York 10306
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021
J.K.S., INC., d/b/a J&K LANDSCAPING
125 Industrial Loop
Staten Island, New York 10309
Preview
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021 EXHIBIT I FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND VICTOR CALDERON, VERIFIED COMPLAINT Plaintiff, Index No.: -against- HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC., CHRISTINA FALGIANO AND J.K.S., INC., d/b/a/ J&K LANDSCAPING, Defendants. Plaintiff, by her attorneys, CHELLI & BUSH, complaining of the Defendants herein, respectfully sets forth and alleges to the Court as follows: AS AND FOR A FIRST CAUSE OF ACTION: 1. At the time of the commenceilient of this action, Plaintiff was a resident of the City and State of New York, County of Richmond. 2. That this action falls within one or more of the exemptions set forth in CPLR section 1602. 3. The cause of action alleged herein arose in the County of Richmond, State of New York. 4. On May 25, 2020, and at all times mentioned herein there existed a premises located at 21 Garth Court, Staten Island, NY. 5. That at all times mentioned herein, there existed a corporation known as HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. which was organized and formed pursuant to the laws of the state of New York. FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021 6. That, at all times mentioned herein, and on May 25, 2020, the Defendant, HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. (hereinafter referred to as "HOLIDAY") maintained itsprincipal place of business in Richmond County, State of New York. 7. That at all times mentioned herein, and on May 25, 2020, the Defendant, HOLIDAY was the owner of the land, sidewalks, walkways and paths and structures/premises thereon, commanly known as 21 Garth Court, Staten Island, New York. 8. That at all times mentioned herein, and on May 25, 2020, Defendant CHRISTINA FALGIANO was and is a resident of Richmond county, city and state of New York. 9. That at all times mentioned herein, and on May 25, 2020, Defendant CHRISTINA FALGIANO, owned the land, sidewalks, walkways paths and structures/premiscs thereon, commonly known as 21 Garth Court, Staten Island, New York. 10. That at all times mentioned herein, the Defendant HOLIDAY leased the land, sidewalks. walkways and paths and structures/premises thereon, commonly known as 21 Garth Court, Staten Island, New York. 11. That at all times mentioned herein, the Defendant CHRISTINA FALGIANO leased the land, sidewalks, walkways and paths and structures/premises thereon, commonly known as 21 Garth Court, Staten Island, New York. 12. That at all times mentioned herein, the Defendant, HOLIDAY, operated the land, sidewalks, walkways, paths and premises/premises commonly known as 21 Garth Court, Staten Island, New York. 13. That at all times mentioned herein, the Defendant CHRISTINA FALGIANO operated the land, sidewalks, walkways, paths and structures/premises located at 21 Garth Court, Staten Island, New FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021 York. 14. That at all times mentioned herein, the Defendant HOLIDAY mañagcd the land, sidewalks, walkways, paths and premises/structures commonly known as 21 Garth Court, Staten Island, New York. 15. That at all times mentioned herein, the Defendant CHRISTINA FALGIANO managed the land, sidewalks, walkways, paths and premises/structures commonly known as 21 Garth Court, Staten Island, New York. 16. That at all times mentioned herein, the Defendant, HOLIDAY, controlled the land, sidewalks, walkways, paths, and premises/structures commonly known as 21 Garth Court, Staten Island, 2New York. 17. That at all times mentioned herein, the Defendant, CHRISTINA FALGIANO, controlled the land, sidewalks, walkways, paths, and premises/structures commonly known as 21 Garth Court, Staten Island, New York. 18. That at all times mentioned herein, the Defendant, HOLIDAY, maintained the land, sidewalks, walkways, paths, premises/structures commonly known as 21 Garth Court, Staten Island, New York. 19. That at all times mentioned herein, the Defendant3 CHRISTINA FALGIANO, maintained the land, sidewalks, walkways, paths and premises/structums commonly known as 21 Garth Court, Staten Island, New York. 20. That at all times mentioned herein, the Defendant HOLIDAY, possessed and/or occupied the land, sidewalks, walkways, paths and premises/structures commonly known as 21 Garth Court, Staten Island, New York. FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021 21. That at all times mentioned herein, the Defendant CHRISTINA FALGIANO possessed and/or occupied the land, sidewalks, walkways, paths, premises/structures commonly known as 21 Garth Court, Staten Island, New York. 22. That at all times mentioned herein, there existed a corporation known as J&K. INC. which was organized and fonmed pursuant to the laws of the state of New York. 23. That, at all times mentioned herein, and on May 25, 2020, the Defendant, J.K.S., INC., d/b/a J&K LANDSCAPING (hereinafter referred to as "J&K") maintained its principal place of business in Richmond County, State of New York. 24. That at all times mentioned herein, and on May 25, 2020, the Defendant, J&K was a business entity which performed contracting/repair/construction/maintenance work and/or landscaping services on behalf of the general public. 25. That during the time period immediately leading up to and including Mat 25, 2020, J&K performed contracting, repair/construction/maintenance work and/or Iandscaping services on behalf of Defendant HOLIDAY at the premises/property commonly known as 21 Garth Court, Staten Island, New York. 26. That at all times mentioned herein, the Defendant, J&K, operated the land, sidewalks, walkways, paths and premises/premises commonly known as 21 Garth Court, Staten Island, New York. 27. That at all times mentioned herein, the Defendant J&K managed the land, sidewalks, walkways, paths and premises/structures commonly known as 21 Garth Court, Staten Island, New York. 28. That at all times mentioned herein, the Defendant, J&K, controlled the land, sidewalks, walkways, paths, and premises/structures commonly known as 21 Garth Court, Staten Island, 2New York. FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021 29. That at all times mentioned herein, the Defendant, J&K, maintained the land, sidewalks, walkways, paths, premises/structures commonly known as 21 Garth Court, Staten Island, New York. 30. That at all times mentioned herein, the Defendant J&K, possessed and/or occupied the land, sidewalks, walkways, paths and premises/structures commonly known as 21 Garth Court, Staten Island, New York. 31. That on or about May 25, 2020 while lawfully walking on the external walkway/sidewalk/pathway leading to defendant's premises located at 21 Garth Court, Staten Island, New York, the Plaintiff was caused to slip, trip and fall on a negligently maintained and defective property at, on, or near the concrete/cement sidewalk/walkway/path. 32. That the above occurrence was caused solely by and through the negligence of the defendants, their agents, servants and/or employees, herein, without any negligence on the part of the Plaintiff contributing thereto. 33. That the Defendants had both actual and constructive notice of the dangerous and defective conditions and practices complained of herein. 34. That the defendants created the defective and dangerous condition. 35. That the defendant, and/or their agents, servants, associates and/or employees were negligent, careless and reckless, in that they/it: a) Negligently, carelessly and recklessly, failed and omitted to properly, shore, equip, guard, arrange, operate and conduct its actives at the aforementioned premises, so as to provide reasonable and adequate protection and safety to the persons therein, and more particularly to the Plaintiff herein; b) Failed and omitted to provide the Plaintiff with a safe place to walk; c) Failed and omitted to insure that the area Plaintiff was walking on atthe aforementioned FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021 location was kept free of hazardous conditions; d) Failed and omitted to properly train & inspect their/its employees at the aforementioned premises; e) Failed and omitted to properly and adequately coordinate the activities of their/its employees with the public at large and more particularly the Plaintiff; f) Failed and omitted to construct and/or install barricades and/or other warnings so as to apprise the public at large, and more particularly the Plaintiff herein, of the dangerous conditions existing thereat; g) Failed and omitted to properly secure the public areas so that Plaintiff could walk in safety; h) Failed to properly maintain and repair the aforesaid location; i) Negligently and improperly maintained the concrete/cement sidewalk/walkway/path and surrounding dirt/grass adjoining the sidewalk/walkway/path causing an unlevel and dangerous difference in elevation, which created a dangerous and/or trap-like condition leading to the severe and permanent injuries of the plaintiff herein. 36. That as a result of the negligence of the defendants, the Plaintiff, VICTOR CALDERON, became, still is and for a long time to come, will be sick, sore, lame, bruised, injured, disabled and wounded in and about the various parts of his head, limbs, body, blood vessels and surrounding tissues, and has suffered severe and extreme mental shock, anguish and psychic injuries, and that Plaintiff was otherwise injured, and upon information and belief, said injuries are permanent. That by reason of the foregoing, the Plaintiff was obligated to and did necessarily employ medical aid, hospital services, medicinals and medical supplies in an attempt to cure the aforesaid injuries, and has been prevented FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021 ............. from his usual duties and will be so prevented for a long time to come. 37. That by reason of the foregoing, the Plaintiff, VICTOR CALDERON, has been damaged in an amount that exceeds the jurisdictional limits of all lower courts. WHEREFORE, the Plaintiff, VICTOR CALDERON, demands judgmeñt against the Defendants, HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC., CHRISTINA FALGIANO and JX.S, INC., d/b/a J&K LANDSCAPING, in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with costs and disbursements of this action. Dated: Staten Island, New York June 15, 2021 By: Joseph A. D'Agostino, Esq. CHELLI & BUSH Attorneys for Plaintiff 149 New Dorp Lane Staten Island, New York 10306 Tel. (718) 987-8444 TO: Holiday Villas Homeowners Association, Inc. 1610 Riclunond Road Staten Island, New York 10304 Holiday Villas Homeowners Association, Inc. 42 Vedder Avenue Staten Island, New York 10314 Christina Falgiano 21 Garth Court Staten Island, New York 10306 FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/22/2021 J.K.S., INC., d/b/a J&K LANDSCAPING 125 Industrial Loop Staten Island, New York 10309