Preview
FILED: KINGS COUNTY CLERK 12/30/2019
11/09/2022 11:05
06:35 AM
PM INDEX NO. 528159/2019
NYSCEF DOC. NO. 1
77 RECEIVED NYSCEF: 12/30/2019
11/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------ X
NADIA GRIFFITH,
Plaintiff, INDEX NO:
-against-
LAGUARDIA CORPORATE CENTER ASSOCIATES, LLC; SUMMONS
BLUMENFELD DEVELOPMENT GROUP; PROCLEAN
MAINTENANCE SYSTEMS; and CAPITAL
CONTRACTORS, INC,
Defendants,
----------------- ------------------ X
Plaintiff designates KINGS as the place of trial.
The basis of venue is the place of residence of plaintiff.
92"d
Plaintiff resides at 723 East Street, Brooklyn, New York.
To the above named Defendant
YOU ARE HEREBY SUMMONED to answer the complaint of 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 attorney within TWENTY
(20) DAYS after the service of this summons, exclusive of the day of service (or within
THIRTY (30) DAYS after the service is complete if thissummons 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 request in the
complaint,
Dated: December 20, 2019
Defendant'
Address:
LAGUARDIA CORPORATE PROCLEAN MAINTENANCE SYSTEMS
CENTER ASSOCIATES, LLC 1 Rockefeller Plaza
300 Robbins Lane . New Yoik, New York 10020
Syosset, New York I 1791
CAPITAL CONTRACTORS, INC
BLUMENFELD DEVELOPMENT GROUP 1 CA Plaza, Islandia, NY 11749
300 Robbins Lane
Syosset, New York 11791
PLAINTIFF
G WESL SIMPSON, P.C.
13'
1016 h Avenue, Floor
BropRI n, New York 11236
(718) 45 8213
1 of 15
FILED: KINGS COUNTY CLERK 12/30/2019
11/09/2022 11:05
06:35 AM
PM INDEX NO. 528159/2019
NYSCEF DOC. NO. 1
77 RECEIVED NYSCEF: 12/30/2019
11/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------X
NADIA GRIFFITH,
Plaintiff, Index #:
-against- VERIFIED
COMPLAINT
LAGUARDIA CORPORATE CENTER
ASSOCIATES, LLC; BLUMENFELD
DEVELOPMENT GROUP; PROCLEAN
MAINTENANCE SYSTEMS; and CAPITAL
CONTRACTORS, INC,
Defendants.
________________ .. - --------X
Plaintiff, by her attorney, G. WESLEY SIMPSON, P.C., for her complaint against
defendants, allege as follows:
l. That at all times hereinafter mentioned, at the time of the occuuonoo, the
plaintiff, NADIA GRIFFITH is a resident of Brooklyn, New York.
2. That at all times hereinafter mentioned, the defendant, LAGUARDIA
CORPORATE CENTER ASSOCIATES, LLC, is a foreign corporation doing business in
the City and State of New York pursuant toandsubject to the laws of the City and State
of New York.
3. That at all times hereinafter mentioned, the defen·¾t, LAGUARDIA
CORPORATE CENTER ASSOCIATES, LLC, is a domestic eórporation existing and
doing business in the City and State of New York pursuant to and subject to the laws of
the City and State of New York.
4. That at alltimes hereinafter mentioned, the defendant, LAGUARDIA
CORPORATE CENTER ASSOCIATES, LLC, does business in the State of New York
2 of 15
FILED: KINGS COUNTY CLERK 12/30/2019
11/09/2022 11:05
06:35 AM
PM INDEX NO. 528159/2019
NYSCEF DOC. NO. 1
77 RECEIVED NYSCEF: 12/30/2019
11/09/2022
subject and pursuant to the Laws of the State of New York.
5. That at alltimes hereinafter mentioned, the defendant, LAGUARDIA
CORPORATE CENTER ASSOCIATES, LLC, owns the premises known as and located
at 75-20 Astoria Boulevard, E. Elmhurst, New York 11370.
6. That at alltimes hereinafter mentioned, the defendant, LAGUARDIA
CORPORATE CENTER ASSOCIATES, LLC, is an owner of the premisca known as and
located at 75-20 Astoria Boulevard, E. Elmhurst, New York 11370.
7. That at alltimes hereinafter mentioned, the defendant, BLUMENFELD
DEVELOPMENT GROUP, is a foreign corporation doing business in the City and State
of New York pursuant to and subject to the laws of the City and State of New York.
8. That at all times hereinafter mentioned, the defendant, BLUMENFELD
DEVELOPMENT GROUP, is a domestic corporation and business in the
existing doing
City and State of New York pursuant to and subject to the laws of the City and State of
New York.
9. That at all times hereinafter mentioned, the defendant, BLUMENFELD
DEVELOPMENT GROUP, does business in the State ofNew York subject and pumumd
to the Laws of the State of New York.
10. That at all times hereinafter mentioned, the defcadant, BLUMENFELD
DEVELOPMENT GROUP, owns the prealiscs known as and located at 75-20 Astoria
Boulevard, E. Elmhurst, New York 11370.
3 of 15
FILED: KINGS COUNTY CLERK 12/30/2019
11/09/2022 11:05
06:35 AM
PM INDEX NO. 528159/2019
NYSCEF DOC. NO. 1
77 RECEIVED NYSCEF: 12/30/2019
11/09/2022
11. That at alltimes hereinafter mentioned, the defendent, BLUMENFELD
DEVELOPMENT GROUP, is an owner of the premises known as and located at 75-20
Astoria Boulevard, E. Elmhurst, New York 11370.
12. That at alltimes hereinafter mentioned, the defendant, PROCLEAN
MAINTENANCE SYSTEMS, is a foreign corporation doing business in the City and
State of New York pursuant to and subject to the laws of the City and State of New York.
13. That at all times hereinafter mentioned, the defendant, PROCLEAN
MAINTENANCE SYSTEMS, is a deniestic corporation existing and doing business in
the City and State of New York pursuant to and subject to the laws of the City and State
of New York,
14. That at alltimes hereinafter mentioned, the defendant, PROCLEAN
MAINTENANCE SYSTEMS, does business in the State of New York subject and
pursuant to the Laws of the State of New York.
15. That at all times hereinafter mentioned, the defendant, PROCLEAN
MAINTENANCE SYSTEMS, owns the preillises known as and located at 75-20 Astoria
Boulevard, E. Ehnhurst, New York 11370.
16. That at alltimes hereinafter mentioned, the defendant, PROCLEAN
MAINTENANCE SYSTEMS, is an owner of the premises known as and located at 75-20
Astoria Boulevard, E. Elmhurst, New York 11370.
17. That at alltimes hereinafter mentioned, the defendant, CAPITAL
CONTRACTORS, INC, is a foreign corporation doing business in the City and State of
New York pursuant to and subject to the laws of the City and State of New York.
4 of 15
FILED: KINGS COUNTY CLERK 12/30/2019
11/09/2022 11:05
06:35 AM
PM INDEX NO. 528159/2019
NYSCEF DOC. NO. 1
77 RECEIVED NYSCEF: 12/30/2019
11/09/2022
18. That at alltimes hereinafter mentioned, the defendent, CAPITAL
CONTRACTORS, INC, is a cloiñestic corporation existing and doing business in the City
and State of New York pursuant to and subject to the laws of the City and State of New
York.
19. That at all times hereinafter mentioned, the defendant, CAPITAL
CONTRACTORS, INC, does business in the State of New York subject and pursuant to
the Laws of the State of New York.
20. That at all times hereinafter meiiticiied, the defendant CAPITAL
CONTRACTORS, INC, owns the premises known as and located at 75-20 Astoria
Boulevard, E. Elmhurst, New York 11370.
21. That at all times hereinafter mentioned, the defendant, CAPITAL
CONTRACTORS, INC, is an owner of the premises known as and located at 75-20
Astoria Boulevard, E. Elmhurst, New York 11370.
22. That at all times hereinafter mentioned and on January 24, 2017,
defendants control and or lease the premises known as and located 75-
own, possess, at,
20 Astoria Boulevard, E. Elmhurst, New York 11370.
23. That at all times hereinafter mentioned, and on Jaiiüãry 24, 2017, the
defendents were and stillare the owners of the premises known as and located at 75-20
Astoria Boulevard, E. Elmhurst, New York.
24. That at all times hereinafter mentioned, the defendants, their agents,
employees, contractors, subcontractors (hcrcinafter collectively referred to as
"defendant") possessed the premises known as and located at 75-20 Astoria Boulevard,
E. Elmhurst, New York.
5 of 15
FILED: KINGS COUNTY CLERK 12/30/2019
11/09/2022 11:05
06:35 AM
PM INDEX NO. 528159/2019
NYSCEF DOC. NO. 1
77 RECEIVED NYSCEF: 12/30/2019
11/09/2022
25. That at alltimes liercinafter mentioned, the defendants were and stillare
the possessors of the preiiiises known as and located at 75-20 Astoria Boulevard, E.
Elmhurst, New York 11370.
26. That at alltimes hereinafter mentioned, the defendants lease the premises
known as and located at 75-20 Astoria Boulevard, E. Elitihurst, New York.
27. That at alltimes hereiiiafter mentioned, the defendants were and stillare
the lessees of the premises known as and located at 75-20 Astoria Boulevard, E.
Elmhurst, New York.
28. That at all times hereiiiafter mentioned, the defendants were and stillare
premke-
the landlord of the known as and located at 75-20 Astoria Boulevard, E.
Elmhurst, New York.
29. That at all times hereinafter mentioned, defendants managed and continue
to manage the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst,
New York.
30. That at all times hereinafter mentioned, defeiidains supervised and
continue to supervise the preiiiises known as and located at 75-20 Astoria Boulevard, E.
Elmhurst, New York.
31. That at all times hereinafter mentioned, defendanb controlled and
continue to control the premises known as and located at 75-20 Astoria Boulevard, E.
Elmhurst, New York.
32. That at alltimes hereinafter mentioned, defendants mainteiiied and
continue to maintain the premises known as and located at 75-20 Astoria Boulevard, E.
Elmhurst, New York.
6 of 15
FILED: KINGS COUNTY CLERK 12/30/2019
11/09/2022 11:05
06:35 AM
PM INDEX NO. 528159/2019
NYSCEF DOC. NO. 1
77 RECEIVED NYSCEF: 12/30/2019
11/09/2022
33. That at alltimes hereinafter mentioned, defendants repaired and continue
to repair the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst,
New York.
34. That at all times hereinafter mentioned, defeñdañts inspected and continue
to inspect the premises known as and located at 75-20 Astoria Boulevard, E. Ehn-hurst,
New York.
35. That at all times hereinafter mentioned, defendants desigiled the premises
known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York in general and
the steps/stairs in particular.
36. That at all times hereinafter mentioned, defendanü constructed the
premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York in
general and the steps/stairs in particular.
37. That at all times hereinafter mentioned, the defendants were and stillare
twpussible for the coiistreetion of the premises known as and located at 75-20 Astoria
Boulevard, E. Elmhurst, New York in general and steps/stairs in particular.
38. That at all times hereinafter mentioned, defendants were and stillare
responsible for the maiiagement of the preiiiises known as and located at 75-20 Astoria
Boulevard, E. Elmhurst, New York in general and the steps/stairs in particular.
39. That at alltimes hereinafter mentioned, defendaiits were and stillare
responsible for the supervision of the prersises known as and located at 75-20 Astoria
Boulevard, E. Ehnhurst, New York in general and the steps/stairs in particular.
7 of 15
FILED: KINGS COUNTY CLERK 12/30/2019
11/09/2022 11:05
06:35 AM
PM INDEX NO. 528159/2019
NYSCEF DOC. NO. 1
77 RECEIVED NYSCEF: 12/30/2019
11/09/2022
40. That at alltimes hereinafter mentioned, defendants were and stillare
responsible for the control of the premises known as and located at 75-20 Astoria
Boulevard, E. Elmhurst, New York in general and the steps/stairs in particular.
41. That at alltimes hereiñafter mentioned, defendants were and still are
responsible for the inspection of the premises known as and located at 75-20 Astoria
Boulevard, E. Elmhurst, New York in general and the steps/stairs in particular.
42. That at all times hereinafter mentioned, defendants were and still are
responsible for the maintenance of the premises known as and located at 75-20 Astoria
Boulevard, E. Elmhurst, New York in gcñeral and the steps/stairs in particular.
43. That at all times hereinafter mentioned, defendants were and stillare
responsible for the repair of the premises known as and located at 75-20 Astoria
Boulevard, E. Elmhurst, New York in general and the steps/stairs and in particular.
44. That at all times hereinafter mentioned, defendants were and stillare
responsible for the general upkeep of the picniises known as and located at 75-20 Astoria
Boulevard, E. Elmhurst, New York in general and the steps/stairs in particular.
45. That at all times hereinafter mentioned, defendants were and stillare
respensible for the design of the premises known as and located at 75-20 Astoria
Boulevard, E. Elmhurst, New York in general and the steps/stairs in particular.
46. That on or about January 24, 2017, the plaintiff, NADIA GRIFFITH was
defendants'
lawfully on premises known as and located at 75-20 Astoria Boulevard, E.
Ehnhurst, New York.
47. That on January 24, 2017, at or about 7:15 p.m., the plaintiff while
lawfully on said premises and going down the steps/stairs of the property of the
8 of 15
FILED: KINGS COUNTY CLERK 12/30/2019
11/09/2022 11:05
06:35 AM
PM INDEX NO. 528159/2019
NYSCEF DOC. NO. 1
77 RECEIVED NYSCEF: 12/30/2019
11/09/2022
defendants, known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York
was enused to trip/slip and fall as a result of said steps/stairs, being negligently design,
being negligently constructed, negligently inâintained, negligently repaired, negligently
inspected, negligently controlled, negligently cleaned, negligently niañaged and
inadequately litand as a result of said stairs/steps indtming dãügerous optical illusions
that prevcat distinction between where the steps begin and end, as a result of said steps
damage, as a result of said steps handrails and or the number of handrails
being lacking
required by law; as a result of said steps failing to meet the requirements of the laws of
the City and State of New York; and as a result of said steps failing to have non-skid
surface.
defendants'
48. That as a result of said fall down the stairs of pre;isiscs, the
plaintiff, NADIA GRIFFITH was caused to suffer serious personal injuries.
49. That said accident was caused the negligence of the defendants without
by
negligent on the part of the plaintiff contributing thereto.
any
50. That defeñdañts failed to provide the plaintiff with a safe means of exiting
and entering their premises.
51. That plaintiff's injuries resulting from the negligence of the defendants
without any negligence on the part of the plaintiff contributing thereto.
52. That the defendants were negligent in the ownership of said premises in
general and the steps/stairs in question.
53. That the defendants were negligent in the managnecñt of said premises in
general and the steps/stairs in question.
9 of 15
FILED: KINGS COUNTY CLERK 12/30/2019
11/09/2022 11:05
06:35 AM
PM INDEX NO. 528159/2019
NYSCEF DOC. NO. 1
77 RECEIVED NYSCEF: 12/30/2019
11/09/2022
54. That the defendants were negligent in the control of said premises in
general and the steps/stairs in question.
55. That the defendants were negligent in the supervision of said premises in
general and the steps/stairs in question.
56, That the defeiidaiits were negligent in the maintenance of said premises in
general and the steps/stairs in question.
57. That the defendants were negligent in the inspection of said premises in
general and the steps/stairs in question.
58. That the defeiidants were negligent in the repairs of said premises in
general and the steps/stairs in question.
59. That the defendants were negligent in the cleaning of the steps/stairs in
question.
60. That defendants failed to warn those on their that the
lawfully property
steps/stairs were damaged whether by posting signs or otherwise.
61. That the defendants were negligent in the design of said premises in
general and the steps/stairs in question by failing to provide adequate light for the
steps/stairs and by failing to provide handrails and other safety measures for the
steps/stairs at issue.
62. That the defendants were negligent in the construction of said premises in
general and the steps/stairs in question by failing to provide handrails and proper lighting.
63. That defeiidants allow said premises to become a danger to the lives and
limbs of those lawfully using said premises and steps/stairs in general and more
particularly, the plaintiff herein.
10 of 15
FILED: KINGS COUNTY CLERK 12/30/2019
11/09/2022 11:05
06:35 AM
PM INDEX NO. 528159/2019
NYSCEF DOC. NO. 1
77 RECEIVED NYSCEF: 12/30/2019
11/09/2022
64. That defendants allow said premises to become a trap to the lives and
limbs of those lawfully using said preilliscs, and more particularly, the plaintiff herein.
65. That the defendants failed to inspect said premises in general and the
steps/stairs in question.
66. That the defeiidants failed to repair, control, mahenin, inspect and inaiiage
said premises in general and the steps/stairs in question in particular.
67. That the defendants failed to repair, imaintain, inspect and manage
timely
said premises in general and the steps/stairs in question in particular, in a workman like
manner.
defendants'
68. That inspection, manageiuent, control and supervision of said
preniises, including the steps/stairs in question were inadequate.
69. That the defendants caused and created the dangerous condition presciited
but did nothing to rectify the situation.
70. That the defeiidei1ts knew or should have known of the dangerous
defendants'
situation because itexisted for such long period of time that should have
discovered and remedied itprior to plaintiff's fall.
71. That the defendants failed to warned those lawfully on the premises that
the steps/stairs were damage, uneven, un-uniform, liidwees optical illusions, lacked proper
handrails or no handrails and inadequate lighting and was generally daiigerous.
72. That the defendants were negligent, careless and reckless in failing to alert
those lawfully on their premises of the danger presented.
73. That the defendants were negligent, careless and reckless in failing to
inshi their premises in a mamier that is safe for-those lawfully onto their preñ1ises.
11 of 15
FILED: KINGS COUNTY CLERK 12/30/2019
11/09/2022 11:05
06:35 AM
PM INDEX NO. 528159/2019
NYSCEF DOC. NO. 1
77 RECEIVED NYSCEF: 12/30/2019
11/09/2022
74. That the defendants failed to rope off the area.
75. That the defendants failed to cordon off the area.
76. That the defendants failed to place barriers around the area.
77. That the defendants failed to place warning sign alerting those lawfully on
the premises of the danger.
defendmds'
78. That the condition existed for such a length of time that
should have discovered and remedied the condition prior to plaintiff's injuries.
79, That defendants violated the statutes, laws, ordinances, regulations codes
and charters of the City and State ofNew York.
80. That the defendants were negligent under the circünih±ca then and there
prevailing.
81, That the defendants failed to exercise the care of a reasonable prudent
owner of real property under the circumstances then and there prevailing.
82. That the NADIA GRIFFITH was câüsed to become and remaine
plaintiff,
lame, sick, sore and disabled.
83. That the plaintiff, NADIA GRIFFITH was caused to suffer and still suffer
anxiety and distress.
84. That the plaintiff, NADIA GRIFFITH was caused to and still expend
money for medical treatment and care.
85. That the plaintiff, NADIA GRIFFITH has been and stillis unable to
participate in her daily and usual activities.
86. The defendãüts are severally liable for the injuries sustà ined by the
plaintiff, NADIA GRIFFITH, as a result of this accident, and pursuant to the CPLR.
12 of 15
FILED: KINGS COUNTY CLERK 12/30/2019
11/09/2022 11:05
06:35 AM
PM INDEX NO. 528159/2019
NYSCEF DOC. NO. 1
77 RECEIVED NYSCEF: 12/30/2019
11/09/2022
87. That as a consequence of the foregoing, the plaintiff, NADIA GRIFFITH
has suffered serious personal injuries including pain and suffering and has suffered
financial losses, which prevents the plaintiff from being gainfully employed.
88. That as a consequence of the foregoing, the plaintiff, NADIA GRIFFITH
was damaged by defendants in a sum that exceeds the jurisdiction of the lower courts.
WHEREFORE, plaintiff demmwis judgment against the defendants, in the a sum
that exceeds the jurisdiction of the lower courts, together with the costs and disburement
of this action and for such other and further relief as the Court may d e 1just and proper.
Dated: Brooklyn, New York
December 20, 2019
SIMPSON, ESQ.
G LEY SIMPSON, P.C.
orney for Plaintiff
1"
016 Ralph Avenue, Floor
Brooklyn, New York 11236
(718) 345 8213
13 of 15
FILED: KINGS COUNTY CLERK 12/30/2019
11/09/2022 11:05
06:35 AM
PM INDEX NO. 528159/2019
NYSCEF DOC. NO. 1
77 RECEIVED NYSCEF: 12/30/2019
11/09/2022
STATE OF NEW YORK}
} SS:
COUNTY OF KINGS }
ATTORNEYS VERIFICATION
I, the uildersigiied, is an attorney admitted to practice in the State of New York, affirms
the following to be true subject to the pensities of perjury:
That I am the attorney for NADIA GRIFFITH, the plaintiff in the within action, I have
read the foregoing Summons and Verified Complaint and know the content thereof; the
same is true to my own knowledge, except as to matters therein alleged to be upon
information and belief and as to those matters, I believe them to be true.
This verification is made by me and not the plaintiff herein. The grounds for my belief as
to all matters not stated upon my own knowledge are as follows: These matters were
made known to the undersigned directly from the plaintiff herein and from the document
plaintiff'
in fileas maintained by my office.
Dated: Brooklyn, New York
December 20, 2019
/ 1. S SIMPSON, ESQ.
14 of 15
FILED: KINGS COUNTY CLERK 12/30/2019
11/09/2022 11:05
06:35 AM
PM INDEX NO. 528159/2019
NYSCEF DOC. NO. 1
77 RECEIVED NYSCEF: 12/30/2019
11/09/2022
Index Number Year 2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK:
NADIA GRIFFITH,
Plaintiff(s),
-against-
LAGUARDIA CORPORATE CENTER ASSOCIATES, LLC; BLUMENFELD
DEVELOPMENT GROUP; PROCLEAN MAINTENANCE SYSTEMS; and CAPITAL
CONTRACTORS, INC.,
Defendant(s).
.........____.
SUMMONS AND VERIFIED COMPLAINT
G. WESLEY SIMPSON, P.C.
Attorney for plaintiff(s)
1016 Ralph Avenue
Brooklyn, New York 11236
(718) 345 8213
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice
law in the State of New York, certifies that, upon information and belief based upon
reasonable the contents contained in the mmav~l document are not frivolous.
inquiry,
Dated: ----------------------------------------
G. WESLEY SIMPSON, P.C.
Service of the within
Preview
FILED: KINGS COUNTY CLERK 12/30/2019 11/09/2022 11:05 06:35 AM PM INDEX NO. 528159/2019 NYSCEF DOC. NO. 1 77 RECEIVED NYSCEF: 12/30/2019 11/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------ X NADIA GRIFFITH, Plaintiff, INDEX NO: -against- LAGUARDIA CORPORATE CENTER ASSOCIATES, LLC; SUMMONS BLUMENFELD DEVELOPMENT GROUP; PROCLEAN MAINTENANCE SYSTEMS; and CAPITAL CONTRACTORS, INC, Defendants, ----------------- ------------------ X Plaintiff designates KINGS as the place of trial. The basis of venue is the place of residence of plaintiff. 92"d Plaintiff resides at 723 East Street, Brooklyn, New York. To the above named Defendant YOU ARE HEREBY SUMMONED to answer the complaint of 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 attorney within TWENTY (20) DAYS after the service of this summons, exclusive of the day of service (or within THIRTY (30) DAYS after the service is complete if thissummons 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 request in the complaint, Dated: December 20, 2019 Defendant' Address: LAGUARDIA CORPORATE PROCLEAN MAINTENANCE SYSTEMS CENTER ASSOCIATES, LLC 1 Rockefeller Plaza 300 Robbins Lane . New Yoik, New York 10020 Syosset, New York I 1791 CAPITAL CONTRACTORS, INC BLUMENFELD DEVELOPMENT GROUP 1 CA Plaza, Islandia, NY 11749 300 Robbins Lane Syosset, New York 11791 PLAINTIFF G WESL SIMPSON, P.C. 13' 1016 h Avenue, Floor BropRI n, New York 11236 (718) 45 8213 1 of 15 FILED: KINGS COUNTY CLERK 12/30/2019 11/09/2022 11:05 06:35 AM PM INDEX NO. 528159/2019 NYSCEF DOC. NO. 1 77 RECEIVED NYSCEF: 12/30/2019 11/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------X NADIA GRIFFITH, Plaintiff, Index #: -against- VERIFIED COMPLAINT LAGUARDIA CORPORATE CENTER ASSOCIATES, LLC; BLUMENFELD DEVELOPMENT GROUP; PROCLEAN MAINTENANCE SYSTEMS; and CAPITAL CONTRACTORS, INC, Defendants. ________________ .. - --------X Plaintiff, by her attorney, G. WESLEY SIMPSON, P.C., for her complaint against defendants, allege as follows: l. That at all times hereinafter mentioned, at the time of the occuuonoo, the plaintiff, NADIA GRIFFITH is a resident of Brooklyn, New York. 2. That at all times hereinafter mentioned, the defendant, LAGUARDIA CORPORATE CENTER ASSOCIATES, LLC, is a foreign corporation doing business in the City and State of New York pursuant toandsubject to the laws of the City and State of New York. 3. That at all times hereinafter mentioned, the defen·¾t, LAGUARDIA CORPORATE CENTER ASSOCIATES, LLC, is a domestic eórporation existing and doing business in the City and State of New York pursuant to and subject to the laws of the City and State of New York. 4. That at alltimes hereinafter mentioned, the defendant, LAGUARDIA CORPORATE CENTER ASSOCIATES, LLC, does business in the State of New York 2 of 15 FILED: KINGS COUNTY CLERK 12/30/2019 11/09/2022 11:05 06:35 AM PM INDEX NO. 528159/2019 NYSCEF DOC. NO. 1 77 RECEIVED NYSCEF: 12/30/2019 11/09/2022 subject and pursuant to the Laws of the State of New York. 5. That at alltimes hereinafter mentioned, the defendant, LAGUARDIA CORPORATE CENTER ASSOCIATES, LLC, owns the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York 11370. 6. That at alltimes hereinafter mentioned, the defendant, LAGUARDIA CORPORATE CENTER ASSOCIATES, LLC, is an owner of the premisca known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York 11370. 7. That at alltimes hereinafter mentioned, the defendant, BLUMENFELD DEVELOPMENT GROUP, is a foreign corporation doing business in the City and State of New York pursuant to and subject to the laws of the City and State of New York. 8. That at all times hereinafter mentioned, the defendant, BLUMENFELD DEVELOPMENT GROUP, is a domestic corporation and business in the existing doing City and State of New York pursuant to and subject to the laws of the City and State of New York. 9. That at all times hereinafter mentioned, the defendant, BLUMENFELD DEVELOPMENT GROUP, does business in the State ofNew York subject and pumumd to the Laws of the State of New York. 10. That at all times hereinafter mentioned, the defcadant, BLUMENFELD DEVELOPMENT GROUP, owns the prealiscs known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York 11370. 3 of 15 FILED: KINGS COUNTY CLERK 12/30/2019 11/09/2022 11:05 06:35 AM PM INDEX NO. 528159/2019 NYSCEF DOC. NO. 1 77 RECEIVED NYSCEF: 12/30/2019 11/09/2022 11. That at alltimes hereinafter mentioned, the defendent, BLUMENFELD DEVELOPMENT GROUP, is an owner of the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York 11370. 12. That at alltimes hereinafter mentioned, the defendant, PROCLEAN MAINTENANCE SYSTEMS, is a foreign corporation doing business in the City and State of New York pursuant to and subject to the laws of the City and State of New York. 13. That at all times hereinafter mentioned, the defendant, PROCLEAN MAINTENANCE SYSTEMS, is a deniestic corporation existing and doing business in the City and State of New York pursuant to and subject to the laws of the City and State of New York, 14. That at alltimes hereinafter mentioned, the defendant, PROCLEAN MAINTENANCE SYSTEMS, does business in the State of New York subject and pursuant to the Laws of the State of New York. 15. That at all times hereinafter mentioned, the defendant, PROCLEAN MAINTENANCE SYSTEMS, owns the preillises known as and located at 75-20 Astoria Boulevard, E. Ehnhurst, New York 11370. 16. That at alltimes hereinafter mentioned, the defendant, PROCLEAN MAINTENANCE SYSTEMS, is an owner of the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York 11370. 17. That at alltimes hereinafter mentioned, the defendant, CAPITAL CONTRACTORS, INC, is a foreign corporation doing business in the City and State of New York pursuant to and subject to the laws of the City and State of New York. 4 of 15 FILED: KINGS COUNTY CLERK 12/30/2019 11/09/2022 11:05 06:35 AM PM INDEX NO. 528159/2019 NYSCEF DOC. NO. 1 77 RECEIVED NYSCEF: 12/30/2019 11/09/2022 18. That at alltimes hereinafter mentioned, the defendent, CAPITAL CONTRACTORS, INC, is a cloiñestic corporation existing and doing business in the City and State of New York pursuant to and subject to the laws of the City and State of New York. 19. That at all times hereinafter mentioned, the defendant, CAPITAL CONTRACTORS, INC, does business in the State of New York subject and pursuant to the Laws of the State of New York. 20. That at all times hereinafter meiiticiied, the defendant CAPITAL CONTRACTORS, INC, owns the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York 11370. 21. That at all times hereinafter mentioned, the defendant, CAPITAL CONTRACTORS, INC, is an owner of the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York 11370. 22. That at all times hereinafter mentioned and on January 24, 2017, defendants control and or lease the premises known as and located 75- own, possess, at, 20 Astoria Boulevard, E. Elmhurst, New York 11370. 23. That at all times hereinafter mentioned, and on Jaiiüãry 24, 2017, the defendents were and stillare the owners of the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York. 24. That at all times hereinafter mentioned, the defendants, their agents, employees, contractors, subcontractors (hcrcinafter collectively referred to as "defendant") possessed the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York. 5 of 15 FILED: KINGS COUNTY CLERK 12/30/2019 11/09/2022 11:05 06:35 AM PM INDEX NO. 528159/2019 NYSCEF DOC. NO. 1 77 RECEIVED NYSCEF: 12/30/2019 11/09/2022 25. That at alltimes liercinafter mentioned, the defendants were and stillare the possessors of the preiiiises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York 11370. 26. That at alltimes hereinafter mentioned, the defendants lease the premises known as and located at 75-20 Astoria Boulevard, E. Elitihurst, New York. 27. That at alltimes hereiiiafter mentioned, the defendants were and stillare the lessees of the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York. 28. That at all times hereiiiafter mentioned, the defendants were and stillare premke- the landlord of the known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York. 29. That at all times hereinafter mentioned, defendants managed and continue to manage the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York. 30. That at all times hereinafter mentioned, defeiidains supervised and continue to supervise the preiiiises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York. 31. That at all times hereinafter mentioned, defendanb controlled and continue to control the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York. 32. That at alltimes hereinafter mentioned, defendants mainteiiied and continue to maintain the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York. 6 of 15 FILED: KINGS COUNTY CLERK 12/30/2019 11/09/2022 11:05 06:35 AM PM INDEX NO. 528159/2019 NYSCEF DOC. NO. 1 77 RECEIVED NYSCEF: 12/30/2019 11/09/2022 33. That at alltimes hereinafter mentioned, defendants repaired and continue to repair the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York. 34. That at all times hereinafter mentioned, defeñdañts inspected and continue to inspect the premises known as and located at 75-20 Astoria Boulevard, E. Ehn-hurst, New York. 35. That at all times hereinafter mentioned, defendants desigiled the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York in general and the steps/stairs in particular. 36. That at all times hereinafter mentioned, defendanü constructed the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York in general and the steps/stairs in particular. 37. That at all times hereinafter mentioned, the defendants were and stillare twpussible for the coiistreetion of the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York in general and steps/stairs in particular. 38. That at all times hereinafter mentioned, defendants were and stillare responsible for the maiiagement of the preiiiises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York in general and the steps/stairs in particular. 39. That at alltimes hereinafter mentioned, defendaiits were and stillare responsible for the supervision of the prersises known as and located at 75-20 Astoria Boulevard, E. Ehnhurst, New York in general and the steps/stairs in particular. 7 of 15 FILED: KINGS COUNTY CLERK 12/30/2019 11/09/2022 11:05 06:35 AM PM INDEX NO. 528159/2019 NYSCEF DOC. NO. 1 77 RECEIVED NYSCEF: 12/30/2019 11/09/2022 40. That at alltimes hereinafter mentioned, defendants were and stillare responsible for the control of the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York in general and the steps/stairs in particular. 41. That at alltimes hereiñafter mentioned, defendants were and still are responsible for the inspection of the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York in general and the steps/stairs in particular. 42. That at all times hereinafter mentioned, defendants were and still are responsible for the maintenance of the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York in gcñeral and the steps/stairs in particular. 43. That at all times hereinafter mentioned, defendants were and stillare responsible for the repair of the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York in general and the steps/stairs and in particular. 44. That at all times hereinafter mentioned, defendants were and stillare responsible for the general upkeep of the picniises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York in general and the steps/stairs in particular. 45. That at all times hereinafter mentioned, defendants were and stillare respensible for the design of the premises known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York in general and the steps/stairs in particular. 46. That on or about January 24, 2017, the plaintiff, NADIA GRIFFITH was defendants' lawfully on premises known as and located at 75-20 Astoria Boulevard, E. Ehnhurst, New York. 47. That on January 24, 2017, at or about 7:15 p.m., the plaintiff while lawfully on said premises and going down the steps/stairs of the property of the 8 of 15 FILED: KINGS COUNTY CLERK 12/30/2019 11/09/2022 11:05 06:35 AM PM INDEX NO. 528159/2019 NYSCEF DOC. NO. 1 77 RECEIVED NYSCEF: 12/30/2019 11/09/2022 defendants, known as and located at 75-20 Astoria Boulevard, E. Elmhurst, New York was enused to trip/slip and fall as a result of said steps/stairs, being negligently design, being negligently constructed, negligently inâintained, negligently repaired, negligently inspected, negligently controlled, negligently cleaned, negligently niañaged and inadequately litand as a result of said stairs/steps indtming dãügerous optical illusions that prevcat distinction between where the steps begin and end, as a result of said steps damage, as a result of said steps handrails and or the number of handrails being lacking required by law; as a result of said steps failing to meet the requirements of the laws of the City and State of New York; and as a result of said steps failing to have non-skid surface. defendants' 48. That as a result of said fall down the stairs of pre;isiscs, the plaintiff, NADIA GRIFFITH was caused to suffer serious personal injuries. 49. That said accident was caused the negligence of the defendants without by negligent on the part of the plaintiff contributing thereto. any 50. That defeñdañts failed to provide the plaintiff with a safe means of exiting and entering their premises. 51. That plaintiff's injuries resulting from the negligence of the defendants without any negligence on the part of the plaintiff contributing thereto. 52. That the defendants were negligent in the ownership of said premises in general and the steps/stairs in question. 53. That the defendants were negligent in the managnecñt of said premises in general and the steps/stairs in question. 9 of 15 FILED: KINGS COUNTY CLERK 12/30/2019 11/09/2022 11:05 06:35 AM PM INDEX NO. 528159/2019 NYSCEF DOC. NO. 1 77 RECEIVED NYSCEF: 12/30/2019 11/09/2022 54. That the defendants were negligent in the control of said premises in general and the steps/stairs in question. 55. That the defendants were negligent in the supervision of said premises in general and the steps/stairs in question. 56, That the defeiidaiits were negligent in the maintenance of said premises in general and the steps/stairs in question. 57. That the defendants were negligent in the inspection of said premises in general and the steps/stairs in question. 58. That the defeiidants were negligent in the repairs of said premises in general and the steps/stairs in question. 59. That the defendants were negligent in the cleaning of the steps/stairs in question. 60. That defendants failed to warn those on their that the lawfully property steps/stairs were damaged whether by posting signs or otherwise. 61. That the defendants were negligent in the design of said premises in general and the steps/stairs in question by failing to provide adequate light for the steps/stairs and by failing to provide handrails and other safety measures for the steps/stairs at issue. 62. That the defendants were negligent in the construction of said premises in general and the steps/stairs in question by failing to provide handrails and proper lighting. 63. That defeiidants allow said premises to become a danger to the lives and limbs of those lawfully using said premises and steps/stairs in general and more particularly, the plaintiff herein. 10 of 15 FILED: KINGS COUNTY CLERK 12/30/2019 11/09/2022 11:05 06:35 AM PM INDEX NO. 528159/2019 NYSCEF DOC. NO. 1 77 RECEIVED NYSCEF: 12/30/2019 11/09/2022 64. That defendants allow said premises to become a trap to the lives and limbs of those lawfully using said preilliscs, and more particularly, the plaintiff herein. 65. That the defendants failed to inspect said premises in general and the steps/stairs in question. 66. That the defeiidants failed to repair, control, mahenin, inspect and inaiiage said premises in general and the steps/stairs in question in particular. 67. That the defendants failed to repair, imaintain, inspect and manage timely said premises in general and the steps/stairs in question in particular, in a workman like manner. defendants' 68. That inspection, manageiuent, control and supervision of said preniises, including the steps/stairs in question were inadequate. 69. That the defendants caused and created the dangerous condition presciited but did nothing to rectify the situation. 70. That the defeiidei1ts knew or should have known of the dangerous defendants' situation because itexisted for such long period of time that should have discovered and remedied itprior to plaintiff's fall. 71. That the defendants failed to warned those lawfully on the premises that the steps/stairs were damage, uneven, un-uniform, liidwees optical illusions, lacked proper handrails or no handrails and inadequate lighting and was generally daiigerous. 72. That the defendants were negligent, careless and reckless in failing to alert those lawfully on their premises of the danger presented. 73. That the defendants were negligent, careless and reckless in failing to inshi their premises in a mamier that is safe for-those lawfully onto their preñ1ises. 11 of 15 FILED: KINGS COUNTY CLERK 12/30/2019 11/09/2022 11:05 06:35 AM PM INDEX NO. 528159/2019 NYSCEF DOC. NO. 1 77 RECEIVED NYSCEF: 12/30/2019 11/09/2022 74. That the defendants failed to rope off the area. 75. That the defendants failed to cordon off the area. 76. That the defendants failed to place barriers around the area. 77. That the defendants failed to place warning sign alerting those lawfully on the premises of the danger. defendmds' 78. That the condition existed for such a length of time that should have discovered and remedied the condition prior to plaintiff's injuries. 79, That defendants violated the statutes, laws, ordinances, regulations codes and charters of the City and State ofNew York. 80. That the defendants were negligent under the circünih±ca then and there prevailing. 81, That the defendants failed to exercise the care of a reasonable prudent owner of real property under the circumstances then and there prevailing. 82. That the NADIA GRIFFITH was câüsed to become and remaine plaintiff, lame, sick, sore and disabled. 83. That the plaintiff, NADIA GRIFFITH was caused to suffer and still suffer anxiety and distress. 84. That the plaintiff, NADIA GRIFFITH was caused to and still expend money for medical treatment and care. 85. That the plaintiff, NADIA GRIFFITH has been and stillis unable to participate in her daily and usual activities. 86. The defendãüts are severally liable for the injuries sustà ined by the plaintiff, NADIA GRIFFITH, as a result of this accident, and pursuant to the CPLR. 12 of 15 FILED: KINGS COUNTY CLERK 12/30/2019 11/09/2022 11:05 06:35 AM PM INDEX NO. 528159/2019 NYSCEF DOC. NO. 1 77 RECEIVED NYSCEF: 12/30/2019 11/09/2022 87. That as a consequence of the foregoing, the plaintiff, NADIA GRIFFITH has suffered serious personal injuries including pain and suffering and has suffered financial losses, which prevents the plaintiff from being gainfully employed. 88. That as a consequence of the foregoing, the plaintiff, NADIA GRIFFITH was damaged by defendants in a sum that exceeds the jurisdiction of the lower courts. WHEREFORE, plaintiff demmwis judgment against the defendants, in the a sum that exceeds the jurisdiction of the lower courts, together with the costs and disburement of this action and for such other and further relief as the Court may d e 1just and proper. Dated: Brooklyn, New York December 20, 2019 SIMPSON, ESQ. G LEY SIMPSON, P.C. orney for Plaintiff 1" 016 Ralph Avenue, Floor Brooklyn, New York 11236 (718) 345 8213 13 of 15 FILED: KINGS COUNTY CLERK 12/30/2019 11/09/2022 11:05 06:35 AM PM INDEX NO. 528159/2019 NYSCEF DOC. NO. 1 77 RECEIVED NYSCEF: 12/30/2019 11/09/2022 STATE OF NEW YORK} } SS: COUNTY OF KINGS } ATTORNEYS VERIFICATION I, the uildersigiied, is an attorney admitted to practice in the State of New York, affirms the following to be true subject to the pensities of perjury: That I am the attorney for NADIA GRIFFITH, the plaintiff in the within action, I have read the foregoing Summons and Verified Complaint and know the content thereof; the same is true to my own knowledge, except as to matters therein alleged to be upon information and belief and as to those matters, I believe them to be true. This verification is made by me and not the plaintiff herein. The grounds for my belief as to all matters not stated upon my own knowledge are as follows: These matters were made known to the undersigned directly from the plaintiff herein and from the document plaintiff' in fileas maintained by my office. Dated: Brooklyn, New York December 20, 2019 / 1. S SIMPSON, ESQ. 14 of 15 FILED: KINGS COUNTY CLERK 12/30/2019 11/09/2022 11:05 06:35 AM PM INDEX NO. 528159/2019 NYSCEF DOC. NO. 1 77 RECEIVED NYSCEF: 12/30/2019 11/09/2022 Index Number Year 2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: NADIA GRIFFITH, Plaintiff(s), -against- LAGUARDIA CORPORATE CENTER ASSOCIATES, LLC; BLUMENFELD DEVELOPMENT GROUP; PROCLEAN MAINTENANCE SYSTEMS; and CAPITAL CONTRACTORS, INC., Defendant(s). .........____. SUMMONS AND VERIFIED COMPLAINT G. WESLEY SIMPSON, P.C. Attorney for plaintiff(s) 1016 Ralph Avenue Brooklyn, New York 11236 (718) 345 8213 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice law in the State of New York, certifies that, upon information and belief based upon reasonable the contents contained in the mmav~l document are not frivolous. inquiry, Dated: ---------------------------------------- G. WESLEY SIMPSON, P.C. Service of the within