Preview
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 08/03/2022
"A"
EXHIBIT
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF OC. NO. 1 RECEIVED NYSCEF: 11/05/2020
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 08/03/2022
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF RICHMOND
x SUMMONS
VICTOR CALDERON,
The basis of venue is:
Plaintiff, Plaintiff's residence
-against- Plaintiff's address:
401 Hett Avenue
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
Staten Island, NY 10306
ASSOCIATION, INC. AND CHRISTINA FALGIANO,
Defendants.
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 Plaintiffs 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 reliefdemanded in the complaint.
Dated: Staten Island, NY
October 15, 2020
: J ph A. Agostin .
CHELLI & BUSH
Attorney for Plaintiff
149 New Dorp Lane
Staten Island, N.Y., 10306
(718) 987-8444
To:
Holiday Villas Homeowners Association, Inc.
1610 Richmond Road
..---
FILED: . ............-.....
RICHMOND COUNTY
---.... ---.-
CLERK 08/03/2022
......,
--, ...,,- - 09:26
......-- AM
...,
INDEX NO. 152018/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 1
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 11/05/2020
08/03/2022
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 08/03/2022
-
......, -, ...,,- - 09:26
...- .-- AM
-..,
INDEX NO. 152018/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 1
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 11/05/2020
08/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
x
VICTOR CALDERON, VERIFIED
COMPLAINT
Plaintiff,
Šndex No.:
-against-
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC. AND CHRISTINA FALGIANO,
Defendants.
x
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 commencement of this action, Plaintiff was a resident of the City and
State of New York, County of Richmond.
2. That this action fallswithin one or more of the exemptions set forth in CPLR section
I602.
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.
6. That, at all times mentioned herein, and on May 25, 2020, the Defendant, HOLIDAY
.....--
FILED: . .....-.......-
RICHMOND ---......
COUNTY --.-
CLERK -
08/03/2022
......, -, -.... - --
09:26 .- - AM
.., INDEX NO. 152018/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/05/2020
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 08/03/2022
VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. (hereinafter referred to as
"HOLIDAY") maintained itsprincipal place of business in Richmond County, State ofNew York.
7. That at alltimes mentioned herein, and on May 25, 2020, the Defendant, HOLIDAY was
the owner of the land, sidewalks, walkways and paths and structures/premises thereon, commonly 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, cityand 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/premises thereon, commonly
known as 21 Garth Court, Staten Island, New York.
10. That at alltimes 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 stmctures/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 alltimes mentioned herein, the Defendant CHRISTINA FALGIANO operated the
land, sidewalks, walkways, paths and structures/premises located at 21 Garth Court, Staten Island, New
York.
- .....-....
FILED: ........-........
RICHMOND -- -.......
COUNTY -....
CLERK -
08/03/2022
......, -, -.,- - ...-
09:26 .-.. AM
...., INDEX NO. 152018/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 1
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 11/05/2020
08/03/2022
14. That at all times mentioned herein, the Defendant HOLIDAY managed 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 alltimes mentioned herein, the Defendant, CHRISTINA FALGIANO, maintained
the land, sidewalks, walkways, paths and premises/structures 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 -
08/03/2022
......, -, ... -- - ...-
09:26. - - AM
..., INDEX NO. 152018/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/05/2020
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 08/03/2022
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 on or about Ma^ 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.
23. 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.
24. That the Defendants, had both actual and constructive notice of the dangerous and
defective conditions and practices complained of herein.
25. That the defendants created the defective and dangerous condition.
26. 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
location was kept free of hazardous conditions;
d) Failed and omitted to properly train & inspect their/its employees at the aforementioned
. .--
FILED: . RICHMOND
.....-.-....- COUNTY
---.... ----.
CLERK 08/03/2022
-
......, -, ... -...
- 09:26
...-. -.. AM
....,
INDEX NO. 152018/2020
NYSCEF
NYSCEF 'DOC.
DOC. NO.
NO. 1
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 11/05/2020
08/03/2022
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 installbarricades 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.
27. That as a result of the negligence of the defendants, the Plaintiff, VICTOR CALDERON,
became, stillis 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
from his usual duties and will be so prevented for a long time to come.
28. That by reason of the foregoing, the Plaintiff, VICTOR CALDERON, has been damaged
...--
FILED: . .....-.-.-..-
RICHMOND ---....
COUNTY --...
CLERK ......,....,----
08/03/2022 ...-
09:26 .- -
AM
..., INDEX NO. 152018/2020
NY SCE F 'DOC RECE IVED NY SCEF: 11/05/2020
NYSCEF DOC.. NO.
NO. 1
103 RECEIVED NYSCEF: 08/03/2022
in an amount that exceeds the jurisdictional limits of all lower courts.
WHEREFORE, the Plaintiff, VICTOR CALDERON, demands judgment against the Defendants,
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. AND CHRISTINA
FALGIANO, in an amount that exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction, together with costs and disbursementsof this action.
Dated: Staten Island, New York
October 15, 2020
B : J s h A. 'Ago t q.
'
CHELLI & BUSH
Attorneys for Plaintiff
149 New Dorp Lane
Staten Island, New York 10306
Tel. (718) 987-8444
. ...-..
FILED: . ...--.......,
RICHMOND COUNTY
---........ CLERK
--.... 08/03/2022
-
......, -, -.,-. - ...-
09:26. - - AM
..., INDEX NO. 152018/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 1
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 11/05/2020
08/03/2022
CLIENT VERIFICATION
STATE OF NEW YORK )
) as
COUNTY OF RICHMOND )
VICTOR CALDERON, being duly sworn, deposes and states the following under the
penalties of per]ury:
I am the plaintiffin the within action.
I have read the Verified Billof Particula rs and know the contents thereof. The same is
true to my knowledge.except as to those matters herein stated to be alleged upon information
and belief, and upon those matters, I believe same to be true.
|
VICTOR CALDERON
Sworn to me this ___
day of 0clober, 2020
Notary Public, State of New Y
MARVIN0. UWANGUE
Public, State of New Ybrk
Notary
No.02UW8888770
Qualilled InMchmond County
Comminolon Empires May 42034
.
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 5
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/06/2021
08/03/2022
SOPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
---------------------------------------X
VICTOR CALDERON, Index No. 152018/2020
Plaintiff, VERIFIED ANSWER
WITH CROSS CLAIM
-against-
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC. and CHRISTINA FALGIANO,
Defendant.
------------------------------------x
Defendant, CHRISTINA FALGIANO, by attorneys, NICOLINI, PABADISE,
FERRETTI & SABELLA, answering the Verified Complaint of the plaintiff
herein, alleges upon information and belief:
FIBST: Defendant denies having any knowledge or information
sufficient to form a belief as to the allegations therein contained in
paragraphs "1", "2", "3", "5", "6", "7", "S", "9", "10", "12", "13",
"18" "20" "21"
"14", "15", "16", "17", , "19", and and each and every part
thereof.
SECOND: Defendant denies all the allegations therein contained in
"22" "27" "28" thereof.
paragraphs "11", , and and each and every part
THIRD: Defendant denies all of the allegations therein contained in
"25" "26"
paragraphs "23", "24", and as it pertairls to defendant
CHRISTINA FALGIANO only.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
FOURTH: The plaintiff was guilty of culpable conduct, including
contributory negligence and should an award be made to plaintiff, same
should be diminished in the proportion which the culpable conduct and/or
contributory negligence and/or assumption of risk attributable to the
plaintiff bears to the culpable conduct and/or negligence which caused
the damages.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
FIFTH: If this answering defendant is found liable as alleged in the
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 5
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/06/2021
08/03/2022
upon information and the- of this
Complaint, then, belief, liability
answer ing defendant is less than 51% of the total liability assigned to
all persons liable.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
SIXTH: In the event that plaintiff recovers judgment against this
answering defendant and it is determined that plaintiff's damages were
caused in whole or in part by two or more joint tort feasors, then
defendant's liability herein for non-economic loss may not exceed its
equitable share of said damages in accordance with its relative
culpability, as provided by Section 1601 of the CPLR.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
SEVENTH: Plaintiff's recovery, if any, shall be reduced by the
amount of any collateral payments received, in accordance with CPLR 4545.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
EIGHTH: Plaintiff failed to take all reasonable measures to reduce,
mitigate and/or minimize the damages alleged.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
NINTH: To the extent plaintiff has recovered, or will recover, a
settlement, verdict or judgment against another tort-feasor, or one
claimed to be a tort-feasor, for damages claimed as a result of the
events complained of herein, and/or in the event that any person or
entity liable or claimed to be liable for the injuries or damages alleged
in this action has been given or may hereafter be given a release or
covenant not to sue, this answering defendant will be entitled to
protection under New York General Obligations Law 15-108 and the
corresponding reduction/set-off of any damages that may be determined to
be due against this answering defendant.
AS AND FOR A CROSS-COMPLAINT AGAINST CO -DE FENDANT
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC.
Defendant, CHRISTINA FALGIANO, as and for a Cross Complaint against
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 5
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/06/2021
08/03/2022
co-defendant, HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC., for
which an answer is demanded pursuant to CPLR 3011, defendant, CHRISTINA
FALGIANO, respectfully shows to this Court and alleges:
FIRST: That if plaintiff was caused damages, as alleged in the
Complaint through negligence other than plaintiff's own negligence,
carelessness and recklessness, said damages were sustained due to the
primary and active, negligent, careless and reckless acts of omission or
commission of co-defendant with the negligence, if any, of this answering
defendant being secondary and/or derivative only.
SECOND: Further, if plaintiff should recover judgment against this
defendant, then co-defendant shall be liable to this answering defendant
for the full amount of said judgment or on the basis of any apportionment
of responsibility for the alleged occurrence and answering defendant is
entitled to indemnification from and over and against the co-defendant
for all or part of any verdict or judgment which plaintiff may recover
in such amounts as a jury or Court may direct.
TfIIRD: That by reason of this action, said answering defendant has
been and will be put to costs and expenses, including attorneys fees.
MIEREFORE, defendant, CHRISTINA FALGIANO, demands judgment
dismissing the Complaint and further demands judgment over and against
the co-defendant for the amount of any judgment obtained against this
defendant by plaintiff, or on the basis of the apportionment of
responsibility in such amounts as a jury or Court may direct, together
with the costs, disbursements and expenses of this action, including
attorneys'
fees.
Dated: Mineola, New York
January 5, 2021
FILED:
. .........-
. RICHMOND
..- --.-..- COUNTY
-- -... ...CLERK
--.... 08/03/2022
- - ......... 09:26
.......-, AM
.-3
INDEX NO. 152018/2020
...., ,
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 5
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/06/2021
08/03/2022
Yours, etc.,
NICOLINI, PARADISE, FERRETTI & SABELLA
Attorneys for Defendant, CHRISTINA
FALGIAN
By:
JOHN . NICOLINI
114 Old Country Road, Suite 500
Mineola, New York 11501
(516) 741-6355
Our File: 20-217 JN
TO: CHELLI & BUSH
Attorneys for Plaintiff
149 New Dorp Lane
Staten Island, New York 10306
(718) 987-8444
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC.
1610 Richmond Road
Staten Island, New York 10304
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC.
42 Vedder Avenue
Staten Island, New York 10314
FILED:
- ...-., . RICHMOND
............... --
COUNTY
-. ... . --.-
CLERK - - , -
08/03/2022- ,.- ...... --
09:26 ..... AM
....,
INDEX NO. 152018/2020
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 8
103 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/26/2021
08/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
X
VICTOR CALDERON,
Index No.: 152018/2020
Plaintiff,
-against- VERIFIED ANSWER
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC. AND CHRISTINA FALGIANO,
Defendants.
---.------------------------------------- -Ç
Defendant, HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION,
INC., by itsattorneys FULLERTON BECK, LLP, as and for its Verified Answer to the Verified
Complaint, state upon information and belief, as follows:
FIRST. Answering Defendant denies knowledge and information sufficient to form
a belief as to the truth of the allegations contained in paragraphs "1", "3", "4", "8", "9", "11",
"19" "21"
"13", "15", "17", and of the Plaintiff's Verified Complaint.
SECOND. Answering Defendant denies knowledge and information sufficient to form
"2"
a belief as to the truth of the allegations contained in paragraph of the Plaintiff's Verified
Complaint, and otherwise respectfully refers all questions of law to the Court.
THIRD. Answering Defendant admits the truth of the allegations contained in
"5" "6"
paragraphs and of the Plaintiff's Verified Complaint.
FOURTH. Answering Defendant denies the truth of the allegations contained in
"27" "28"
paragraphs "7", "10", "22", "23", "24", "25", "26 (a-i)", and of the Plaintiff's Verified
Complaint.
FIFTH. Answering Defendant admits the truth of the allegations contained in
"5" "6"
paragraphs and of the Plaintiff's Verified Complaint.
...-..
FILED: . RICHMOND
.,--....-..... --
COUNTY
-... . --.-
CLERK 08/03/2022
Preview
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 08/03/2022 "A" EXHIBIT FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF OC. NO. 1 RECEIVED NYSCEF: 11/05/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 08/03/2022 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF RICHMOND x SUMMONS VICTOR CALDERON, The basis of venue is: Plaintiff, Plaintiff's residence -against- Plaintiff's address: 401 Hett Avenue HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS Staten Island, NY 10306 ASSOCIATION, INC. AND CHRISTINA FALGIANO, Defendants. 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 Plaintiffs 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 reliefdemanded in the complaint. Dated: Staten Island, NY October 15, 2020 : J ph A. Agostin . CHELLI & BUSH Attorney for Plaintiff 149 New Dorp Lane Staten Island, N.Y., 10306 (718) 987-8444 To: Holiday Villas Homeowners Association, Inc. 1610 Richmond Road ..--- FILED: . ............-..... RICHMOND COUNTY ---.... ---.- CLERK 08/03/2022 ......, --, ...,,- - 09:26 ......-- AM ..., INDEX NO. 152018/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 1 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/05/2020 08/03/2022 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 08/03/2022 - ......, -, ...,,- - 09:26 ...- .-- AM -.., INDEX NO. 152018/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 1 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/05/2020 08/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND x VICTOR CALDERON, VERIFIED COMPLAINT Plaintiff, Šndex No.: -against- HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. AND CHRISTINA FALGIANO, Defendants. x 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 commencement of this action, Plaintiff was a resident of the City and State of New York, County of Richmond. 2. That this action fallswithin one or more of the exemptions set forth in CPLR section I602. 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. 6. That, at all times mentioned herein, and on May 25, 2020, the Defendant, HOLIDAY .....-- FILED: . .....-.......- RICHMOND ---...... COUNTY --.- CLERK - 08/03/2022 ......, -, -.... - -- 09:26 .- - AM .., INDEX NO. 152018/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/05/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 08/03/2022 VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. (hereinafter referred to as "HOLIDAY") maintained itsprincipal place of business in Richmond County, State ofNew York. 7. That at alltimes mentioned herein, and on May 25, 2020, the Defendant, HOLIDAY was the owner of the land, sidewalks, walkways and paths and structures/premises thereon, commonly 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, cityand 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/premises thereon, commonly known as 21 Garth Court, Staten Island, New York. 10. That at alltimes 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 stmctures/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 alltimes mentioned herein, the Defendant CHRISTINA FALGIANO operated the land, sidewalks, walkways, paths and structures/premises located at 21 Garth Court, Staten Island, New York. - .....-.... FILED: ........-........ RICHMOND -- -....... COUNTY -.... CLERK - 08/03/2022 ......, -, -.,- - ...- 09:26 .-.. AM ...., INDEX NO. 152018/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 1 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/05/2020 08/03/2022 14. That at all times mentioned herein, the Defendant HOLIDAY managed 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 alltimes mentioned herein, the Defendant, CHRISTINA FALGIANO, maintained the land, sidewalks, walkways, paths and premises/structures 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 - 08/03/2022 ......, -, ... -- - ...- 09:26. - - AM ..., INDEX NO. 152018/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/05/2020 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 08/03/2022 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 on or about Ma^ 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. 23. 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. 24. That the Defendants, had both actual and constructive notice of the dangerous and defective conditions and practices complained of herein. 25. That the defendants created the defective and dangerous condition. 26. 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 location was kept free of hazardous conditions; d) Failed and omitted to properly train & inspect their/its employees at the aforementioned . .-- FILED: . RICHMOND .....-.-....- COUNTY ---.... ----. CLERK 08/03/2022 - ......, -, ... -... - 09:26 ...-. -.. AM ...., INDEX NO. 152018/2020 NYSCEF NYSCEF 'DOC. DOC. NO. NO. 1 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/05/2020 08/03/2022 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 installbarricades 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. 27. That as a result of the negligence of the defendants, the Plaintiff, VICTOR CALDERON, became, stillis 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 from his usual duties and will be so prevented for a long time to come. 28. That by reason of the foregoing, the Plaintiff, VICTOR CALDERON, has been damaged ...-- FILED: . .....-.-.-..- RICHMOND ---.... COUNTY --... CLERK ......,....,---- 08/03/2022 ...- 09:26 .- - AM ..., INDEX NO. 152018/2020 NY SCE F 'DOC RECE IVED NY SCEF: 11/05/2020 NYSCEF DOC.. NO. NO. 1 103 RECEIVED NYSCEF: 08/03/2022 in an amount that exceeds the jurisdictional limits of all lower courts. WHEREFORE, the Plaintiff, VICTOR CALDERON, demands judgment against the Defendants, HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. AND CHRISTINA FALGIANO, in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with costs and disbursementsof this action. Dated: Staten Island, New York October 15, 2020 B : J s h A. 'Ago t q. ' CHELLI & BUSH Attorneys for Plaintiff 149 New Dorp Lane Staten Island, New York 10306 Tel. (718) 987-8444 . ...-.. FILED: . ...--......., RICHMOND COUNTY ---........ CLERK --.... 08/03/2022 - ......, -, -.,-. - ...- 09:26. - - AM ..., INDEX NO. 152018/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 1 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 11/05/2020 08/03/2022 CLIENT VERIFICATION STATE OF NEW YORK ) ) as COUNTY OF RICHMOND ) VICTOR CALDERON, being duly sworn, deposes and states the following under the penalties of per]ury: I am the plaintiffin the within action. I have read the Verified Billof Particula rs and know the contents thereof. The same is true to my knowledge.except as to those matters herein stated to be alleged upon information and belief, and upon those matters, I believe same to be true. | VICTOR CALDERON Sworn to me this ___ day of 0clober, 2020 Notary Public, State of New Y MARVIN0. UWANGUE Public, State of New Ybrk Notary No.02UW8888770 Qualilled InMchmond County Comminolon Empires May 42034 . FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 5 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/06/2021 08/03/2022 SOPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ---------------------------------------X VICTOR CALDERON, Index No. 152018/2020 Plaintiff, VERIFIED ANSWER WITH CROSS CLAIM -against- HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. and CHRISTINA FALGIANO, Defendant. ------------------------------------x Defendant, CHRISTINA FALGIANO, by attorneys, NICOLINI, PABADISE, FERRETTI & SABELLA, answering the Verified Complaint of the plaintiff herein, alleges upon information and belief: FIBST: Defendant denies having any knowledge or information sufficient to form a belief as to the allegations therein contained in paragraphs "1", "2", "3", "5", "6", "7", "S", "9", "10", "12", "13", "18" "20" "21" "14", "15", "16", "17", , "19", and and each and every part thereof. SECOND: Defendant denies all the allegations therein contained in "22" "27" "28" thereof. paragraphs "11", , and and each and every part THIRD: Defendant denies all of the allegations therein contained in "25" "26" paragraphs "23", "24", and as it pertairls to defendant CHRISTINA FALGIANO only. AS AND FOR A FIRST AFFIRMATIVE DEFENSE FOURTH: The plaintiff was guilty of culpable conduct, including contributory negligence and should an award be made to plaintiff, same should be diminished in the proportion which the culpable conduct and/or contributory negligence and/or assumption of risk attributable to the plaintiff bears to the culpable conduct and/or negligence which caused the damages. AS AND FOR A SECOND AFFIRMATIVE DEFENSE FIFTH: If this answering defendant is found liable as alleged in the FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 5 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/06/2021 08/03/2022 upon information and the- of this Complaint, then, belief, liability answer ing defendant is less than 51% of the total liability assigned to all persons liable. AS AND FOR A THIRD AFFIRMATIVE DEFENSE SIXTH: In the event that plaintiff recovers judgment against this answering defendant and it is determined that plaintiff's damages were caused in whole or in part by two or more joint tort feasors, then defendant's liability herein for non-economic loss may not exceed its equitable share of said damages in accordance with its relative culpability, as provided by Section 1601 of the CPLR. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE SEVENTH: Plaintiff's recovery, if any, shall be reduced by the amount of any collateral payments received, in accordance with CPLR 4545. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE EIGHTH: Plaintiff failed to take all reasonable measures to reduce, mitigate and/or minimize the damages alleged. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE NINTH: To the extent plaintiff has recovered, or will recover, a settlement, verdict or judgment against another tort-feasor, or one claimed to be a tort-feasor, for damages claimed as a result of the events complained of herein, and/or in the event that any person or entity liable or claimed to be liable for the injuries or damages alleged in this action has been given or may hereafter be given a release or covenant not to sue, this answering defendant will be entitled to protection under New York General Obligations Law 15-108 and the corresponding reduction/set-off of any damages that may be determined to be due against this answering defendant. AS AND FOR A CROSS-COMPLAINT AGAINST CO -DE FENDANT HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. Defendant, CHRISTINA FALGIANO, as and for a Cross Complaint against FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 5 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/06/2021 08/03/2022 co-defendant, HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC., for which an answer is demanded pursuant to CPLR 3011, defendant, CHRISTINA FALGIANO, respectfully shows to this Court and alleges: FIRST: That if plaintiff was caused damages, as alleged in the Complaint through negligence other than plaintiff's own negligence, carelessness and recklessness, said damages were sustained due to the primary and active, negligent, careless and reckless acts of omission or commission of co-defendant with the negligence, if any, of this answering defendant being secondary and/or derivative only. SECOND: Further, if plaintiff should recover judgment against this defendant, then co-defendant shall be liable to this answering defendant for the full amount of said judgment or on the basis of any apportionment of responsibility for the alleged occurrence and answering defendant is entitled to indemnification from and over and against the co-defendant for all or part of any verdict or judgment which plaintiff may recover in such amounts as a jury or Court may direct. TfIIRD: That by reason of this action, said answering defendant has been and will be put to costs and expenses, including attorneys fees. MIEREFORE, defendant, CHRISTINA FALGIANO, demands judgment dismissing the Complaint and further demands judgment over and against the co-defendant for the amount of any judgment obtained against this defendant by plaintiff, or on the basis of the apportionment of responsibility in such amounts as a jury or Court may direct, together with the costs, disbursements and expenses of this action, including attorneys' fees. Dated: Mineola, New York January 5, 2021 FILED: . .........- . RICHMOND ..- --.-..- COUNTY -- -... ...CLERK --.... 08/03/2022 - - ......... 09:26 .......-, AM .-3 INDEX NO. 152018/2020 ...., , NYSCEF NYSCEF DOC. DOC. NO. NO. 5 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/06/2021 08/03/2022 Yours, etc., NICOLINI, PARADISE, FERRETTI & SABELLA Attorneys for Defendant, CHRISTINA FALGIAN By: JOHN . NICOLINI 114 Old Country Road, Suite 500 Mineola, New York 11501 (516) 741-6355 Our File: 20-217 JN TO: CHELLI & BUSH Attorneys for Plaintiff 149 New Dorp Lane Staten Island, New York 10306 (718) 987-8444 HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. 1610 Richmond Road Staten Island, New York 10304 HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. 42 Vedder Avenue Staten Island, New York 10314 FILED: - ...-., . RICHMOND ............... -- COUNTY -. ... . --.- CLERK - - , - 08/03/2022- ,.- ...... -- 09:26 ..... AM ...., INDEX NO. 152018/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 8 103 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/26/2021 08/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X VICTOR CALDERON, Index No.: 152018/2020 Plaintiff, -against- VERIFIED ANSWER HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. AND CHRISTINA FALGIANO, Defendants. ---.------------------------------------- -Ç Defendant, HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC., by itsattorneys FULLERTON BECK, LLP, as and for its Verified Answer to the Verified Complaint, state upon information and belief, as follows: FIRST. Answering Defendant denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraphs "1", "3", "4", "8", "9", "11", "19" "21" "13", "15", "17", and of the Plaintiff's Verified Complaint. SECOND. Answering Defendant denies knowledge and information sufficient to form "2" a belief as to the truth of the allegations contained in paragraph of the Plaintiff's Verified Complaint, and otherwise respectfully refers all questions of law to the Court. THIRD. Answering Defendant admits the truth of the allegations contained in "5" "6" paragraphs and of the Plaintiff's Verified Complaint. FOURTH. Answering Defendant denies the truth of the allegations contained in "27" "28" paragraphs "7", "10", "22", "23", "24", "25", "26 (a-i)", and of the Plaintiff's Verified Complaint. FIFTH. Answering Defendant admits the truth of the allegations contained in "5" "6" paragraphs and of the Plaintiff's Verified Complaint. ...-.. FILED: . RICHMOND .,--....-..... -- COUNTY -... . --.- CLERK 08/03/2022