Preview
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 08/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
___-----____---------------------------x
VICTOR CALDERON, Index #152018/20
Plaintiff, STATEMENT OF
MATERIAL FACTS
-against-
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC., CHRISTINA FALGIANO
and J.K.S., INC. d/b/a J&K LANDSCAPING,
Defendants,
Pursuant to the Uniform Rules for the Supreme Court and the
county Court §202.8-g, defendant CHISTINA FALGIANO submits this
Statement of Material Facts as to which there is no material issue
of fact to be tried with respect to the within Motion for Summary
Judgment pursuant to CPLR §3212.
1. The subject incident occurred on May 25, 2020, at 21 Garth
Lane in Staten New York 16- 17).
Island, (F,
2. 21 Garth Lane is located within the Holiday Villas
Condominium Complex, as testified to by Sheryl Iavarone, the
property manager for the Holiday Villas. (I, 11, 14-15).
3. Ms. Iavarone notes that both the front lawns, and walkways
are considered common areas, this includes the front lawn in front
of 21 Garth Court, Staten Island NY (I, 13).
4. Holiday Villas was solely responsible for maintaining the
common areas, including maintaining the lawn and areas outside in
front of 21 Garth Court, Staten Island NY as of the date of this
incident, May 25, 2020 (I, 13).
5. Christina Falgiano paid Homeowners Association dues prior
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to the incident, which the Holiday Villas used to pay the costs of
maintaining the grass in front of 21 Garth Court. (H, 34).
6. Christina Falgiano used to own and live at 21 Garth Court,
Staten Island, New York, which is a townhouse attached on both
sides, a walkway leading to the front door and grass on either side
of the walkway (H, 11-12).
7. Ms. Falgiano was not responsible for maintaining the area
outside of the property including the grass and walkway as that was
handled by the Holiday Villas which hired landscapers to maintain
the lawn and grass outside of the property (H, 14).
8. As of the date of this incident, Holiday Villas did have a
valid contract with landscapers (I, 16-17). Ms. Iavarone identified
the contract between J&K and the Holiday Villas which she signed on
their behalf. (I, 47-49) (G, 11-12, 26).
9. As part of their work, J&K maintains the grass, including
cutting grass, edging grass and cleaning up as well as spot seeding
at the Holiday Villas (G, 12-13). Mr. Schaffer has no recollection
of the edge work adjacent to the walkway in front of 21 Garth Court
prior to May 25, 2020, and he is unfamiliar with the grade of that
area and indicated that there was no concrete work ever performed
in that location to his recollection and that any grade of the land
was as a result of the way the builder built the location (G, 22).
10. Ms. Iavarone, on behalf of the Holiday Villas had the
authority to direct, supervise and control the work being performed
by landscapers in the common areas involving the lawn and walkways;
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she would also handle resident complaints and act as the
intermediary between the Board and the residents (I, 17-18).
11. Ms. Iavarone, is unaware of any complaints being made
about the walkway and grass area in front of 21 Garth Court, prior
May 25, 2020 (I, 22). Ms. Iavarone, along with the Board was
involved in drafting the Homeowners Rules and Regulations rules (I,
39, 41).
12. The Homeowners Rules and Regulations set forth that there
are common charges, at the common charges cover monthly maintenance
that includes landscaping of the common grounds which includes the
grass, lawn and walkway in front of 21 Garth Court. (I, 42-43).
13. The accident occurred in front of Ms. Falgiano's home, on
the grass adjacent to the walkway leading to the front door. (F,
26).
14. Plaintiff stepped backwards off of the walkway (H, 16-17)
to maintain social distancing with an approaching child and his
foot got caught in a gap where the grass met the sidewalk (F, 27,
35) because he claims that the grass was not level with the
sidewalk(F, 28). He never observed a height difference on other
occasions (F, 29-31). Ms. Falgiano only noticed that there was a
height differential between the walkway and the grass adjacent to
the walkway after plaintiff fell(H, 16-17).
15. After May 25, 2020, Ms. Iavarone received a phone call
from defendant, CHRISTINA FALGIANO, indicating that there was an
issue with the height difference between the grass and the walkway
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in front of 21 Garth Court and that someone fell(I, 26, 31), (H,
30).
16. Sometime after May 25, 2020, Mr. Schaffer was contacted by
Sheryl Iavarone to regrade the area on the lawn adjacent to the
walkway in front of 21 Garth Court (G, 13, 33).
17. Dirt was placed in the area adjacent to the walkway at 21
Garth Court by J&K Landscaping, after the incident occurred, and
after Ms. Iavarone was made aware of the situation 25-
(H, 20-22,
26, 29.). Ms. Falgiano reconfirmed that she did not have any
involvement in maintaining the lawn in front of the property, that
was handled by the HOLIDAY VILLAS (H, 25-26). The dirt that was
placed adjacent to the walkway was placed there by the landscapers
(H, 29).
Dated: Mineola, New York
August 3, 2022
ANTHONY J. ABRUSCATI
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NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 08/03/2022
CERTIFICATION PURSUANT TO UNIFORM CIVIL RULE SECTION 202.8-b
I hereby certify that the foregoing STATEMENT OF MATERIAL
FACTS is in compliance with Uniform Civil Rule Section 202.8-b.
Word Count: 834
Dated: Mineola, New York
August 3, 2022
ANTHONY J. ABRUSCATI
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Preview
FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 08/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ___-----____---------------------------x VICTOR CALDERON, Index #152018/20 Plaintiff, STATEMENT OF MATERIAL FACTS -against- HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC., CHRISTINA FALGIANO and J.K.S., INC. d/b/a J&K LANDSCAPING, Defendants, Pursuant to the Uniform Rules for the Supreme Court and the county Court §202.8-g, defendant CHISTINA FALGIANO submits this Statement of Material Facts as to which there is no material issue of fact to be tried with respect to the within Motion for Summary Judgment pursuant to CPLR §3212. 1. The subject incident occurred on May 25, 2020, at 21 Garth Lane in Staten New York 16- 17). Island, (F, 2. 21 Garth Lane is located within the Holiday Villas Condominium Complex, as testified to by Sheryl Iavarone, the property manager for the Holiday Villas. (I, 11, 14-15). 3. Ms. Iavarone notes that both the front lawns, and walkways are considered common areas, this includes the front lawn in front of 21 Garth Court, Staten Island NY (I, 13). 4. Holiday Villas was solely responsible for maintaining the common areas, including maintaining the lawn and areas outside in front of 21 Garth Court, Staten Island NY as of the date of this incident, May 25, 2020 (I, 13). 5. Christina Falgiano paid Homeowners Association dues prior 1 of 5 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 08/03/2022 to the incident, which the Holiday Villas used to pay the costs of maintaining the grass in front of 21 Garth Court. (H, 34). 6. Christina Falgiano used to own and live at 21 Garth Court, Staten Island, New York, which is a townhouse attached on both sides, a walkway leading to the front door and grass on either side of the walkway (H, 11-12). 7. Ms. Falgiano was not responsible for maintaining the area outside of the property including the grass and walkway as that was handled by the Holiday Villas which hired landscapers to maintain the lawn and grass outside of the property (H, 14). 8. As of the date of this incident, Holiday Villas did have a valid contract with landscapers (I, 16-17). Ms. Iavarone identified the contract between J&K and the Holiday Villas which she signed on their behalf. (I, 47-49) (G, 11-12, 26). 9. As part of their work, J&K maintains the grass, including cutting grass, edging grass and cleaning up as well as spot seeding at the Holiday Villas (G, 12-13). Mr. Schaffer has no recollection of the edge work adjacent to the walkway in front of 21 Garth Court prior to May 25, 2020, and he is unfamiliar with the grade of that area and indicated that there was no concrete work ever performed in that location to his recollection and that any grade of the land was as a result of the way the builder built the location (G, 22). 10. Ms. Iavarone, on behalf of the Holiday Villas had the authority to direct, supervise and control the work being performed by landscapers in the common areas involving the lawn and walkways; 2 of 5 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 08/03/2022 she would also handle resident complaints and act as the intermediary between the Board and the residents (I, 17-18). 11. Ms. Iavarone, is unaware of any complaints being made about the walkway and grass area in front of 21 Garth Court, prior May 25, 2020 (I, 22). Ms. Iavarone, along with the Board was involved in drafting the Homeowners Rules and Regulations rules (I, 39, 41). 12. The Homeowners Rules and Regulations set forth that there are common charges, at the common charges cover monthly maintenance that includes landscaping of the common grounds which includes the grass, lawn and walkway in front of 21 Garth Court. (I, 42-43). 13. The accident occurred in front of Ms. Falgiano's home, on the grass adjacent to the walkway leading to the front door. (F, 26). 14. Plaintiff stepped backwards off of the walkway (H, 16-17) to maintain social distancing with an approaching child and his foot got caught in a gap where the grass met the sidewalk (F, 27, 35) because he claims that the grass was not level with the sidewalk(F, 28). He never observed a height difference on other occasions (F, 29-31). Ms. Falgiano only noticed that there was a height differential between the walkway and the grass adjacent to the walkway after plaintiff fell(H, 16-17). 15. After May 25, 2020, Ms. Iavarone received a phone call from defendant, CHRISTINA FALGIANO, indicating that there was an issue with the height difference between the grass and the walkway 3 of 5 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 08/03/2022 in front of 21 Garth Court and that someone fell(I, 26, 31), (H, 30). 16. Sometime after May 25, 2020, Mr. Schaffer was contacted by Sheryl Iavarone to regrade the area on the lawn adjacent to the walkway in front of 21 Garth Court (G, 13, 33). 17. Dirt was placed in the area adjacent to the walkway at 21 Garth Court by J&K Landscaping, after the incident occurred, and after Ms. Iavarone was made aware of the situation 25- (H, 20-22, 26, 29.). Ms. Falgiano reconfirmed that she did not have any involvement in maintaining the lawn in front of the property, that was handled by the HOLIDAY VILLAS (H, 25-26). The dirt that was placed adjacent to the walkway was placed there by the landscapers (H, 29). Dated: Mineola, New York August 3, 2022 ANTHONY J. ABRUSCATI 4 of 5 FILED: RICHMOND COUNTY CLERK 08/03/2022 09:26 AM INDEX NO. 152018/2020 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 08/03/2022 CERTIFICATION PURSUANT TO UNIFORM CIVIL RULE SECTION 202.8-b I hereby certify that the foregoing STATEMENT OF MATERIAL FACTS is in compliance with Uniform Civil Rule Section 202.8-b. Word Count: 834 Dated: Mineola, New York August 3, 2022 ANTHONY J. ABRUSCATI 5 of 5