Preview
FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/04/2018
FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014
t
NYSCEF DOC.
t NO. 68 RECEIVED NYSCEF: 05/04/2018
INDEX NO. 604204/2014
,PILED:
F-ILED : NASSAU COUNTY CLERK 06 / 05 / 2015 03 : 17 PM)
RECEIVED NYSCEF: 06/05/2015
NYSCEF DOC. NO. 10
INDEX NG. 504204/2014
[F ILED : NASSAU COUNTY CLERK 08 /14 / 2014 0 9 : 4 8 AM|
DOC. 1 RECEIVED NYSCEF- 08/14/2014
NYSCEF RO..
SUPREME COURT OF THE STATE OF NEW YORK Index No.: m ( Q
I, w
COUNTY OF NASSAU
-----------------------------------------------X SUMMONS
MICHAEL MESSINA,
Plaintiffdesignates Nassau County
Plaintiff, as the place of trial.
~~ is.
~~ The basisof venue is:
Defendant, MORTON VILLAGE
MORTON VILLAGE REALTY IN - and PHILL{PS REALTY INC 's placeof Business
INTERNATIONAL REA Y
Defendant, MORTON VILLAGE
Defendants. REALTY INC 's doing business at:
( I-, 'I 1030 Old Country Road
!'I g ------------ ----------------X Plainview, New York 11803
I~
n County of Nassau
'
.I, )
TO THE DEFENDANTS:
l
YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve
a copy of your answer or, ifthe complaint is not served with summons, to serve a notice of
appearance, on the Plaintiffs Attomey within 20 days after the service of this summons,
exclusive ofthe day of service (or within 30 days afterthe serviceiscomplete ifthis summons is
' not personally delivered to you within the State of New York); and in case of your failureto
ear or answer, judgment will be taken against you by defaultfor the reliefdemanded in the
'
<~~ . complaint.
Dated: Mineola, New York
August 13, 2014
SANDERS, SANDERS, BLOCK, WOYClK,
VIENER ROSSMAN, P C
)
(,a~
EDWXRD 1 NITKEWICZ
Attorneys for Plaintiff
MICHAEL MESSINA
100 Herricks Road
Mineola, New York 11501
(516) 741-5252
TO: MORTON VILLAGE REALTY INC.
via Secretary of State &
1030 Old Country Road
Plainview, New York 11803
PHILLIPS INTERNATIONAL
via Secretary of State &
Madison Avenue 2nd Floor
295
New York, New York 10017
FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014
NYSCEF
r DOC.
r
NO. 68 RECEIVED NYSCEF: 05/04/2018
1
NEV«'
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
. __..__________..--------------------------.X X
Index No.:
MICHAEL ME5SINA,
. .
VERIFIED COMPLAINT
Plaintiff,
-against-
MORTON VILLAGE REALTY INC. and PHILLIPS
INTERNATIONAL REALTY INC.,
Defendants.
____.- __ _..._ __---__________________ _____-----X
Plaintiff,
by his attorneys, SANDERS, SANDERS, BLOCK, WOYCIK, VIENER &
GROSSMAN, P. C., complaining of the defendants above named, respectfully alleges as
follows:
FIRST'
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF: MICHAEL MESSINA
h
. ST: That at alltime hereinafter mentioned, plaintiffwas and still
isa resident of the County
I
of Suffolk, and State ofNew York.
SECOND: That at all time hereinafter mentioned, Defendant Morton Village Realty was
inco1porated in theCounty ofNassau, and State of New York.
THIRD: Upon information and belief, that at allthe times hereinafter mentioned, defendant,
MORTON VIU,AGE REALTY INC., was and stillis a domestic corporation organized and
existing by virtue of thelaws of the Stateof New York.
FOURTH: Upon infonnation and belief, that at allthe times herelnaftermentioned, defendant,
MORTON VILLAGE REALTY INC,, was and stillis a foreign corporation duly authodzed to
do business inthe State ofNew York.
FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014
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NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/04/2018
FIFTH:Upon information aad belief, thatatall times herein mentioned the defendant, MORTON
' ' '
ILLAGE REALTY INC., was and stillis a limited. liability
company duly organized and
'
ek' under the laws of theState of New York.
ng
'
.'.J Upon
SIXTH: information and belief, that at all the times hereinafter mentioned, defendant.
MORTON VILLAGE REALTY was
INC., ., the owner of thepremises known as Morton Village,
located at 1048 Old Country Road, County ofNassau, State ofNew York.
" '
. SEVENTH: Upon information and belief, that at all titneshereinafter mentioned defendant,
MORTON VILLAGE REALTY its
INC., ., agents, servants and/or employees, , operated the
\
aforesaid prernises.
[
EIGHTH:
..GHTH Upon information and belief, that at all times hereinafter mentioned defendant,
' '
MORTON VILLAGE REALTY INC., its agents, servants and/or employees, maintained 'the
aforesaid premises.
NINTH: ..Upon information and belief,
. that at all times hereinafter mentioned defendant,
'
MORTON VILLAGE REALTY its
INC., ., agents, servants and/or .
etnployees, rnanaged the
aforesaid premises.
TENTH: Upon information and belief, that at all times bereinafter mentioned defendant,
MORTON VILLAGE REALTY INC.,, its agents, servants and/or employees, contmlled the
aforesaid premises.
"
ELEVENTH: Upon information and belief, that at alltimes hereinafter mentioned defendant,
MORTON VILLAGE REALTY its
INC., ., agents, servants and/or employees, supervised the
aforesaidpremises.
LFTH: Upon information and belief, that at all times hereinafter mentioned defendant,
MORTON VILLAGE ~4TY INC,C, its a ents
agents, servants anti/or employee".
yees, repaired ihe
FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014
I
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/04/2018
aforesaid premises.
T 'IÓENTH: Upon information and belief, that atall times hereinafter mendoned defendant,
OK10 VLLLAGE REALTY INC., itsagents, servants and/or employees, inspected the
afo said premises, walkway at back door and surrounding area therest.
FOURTEENTf± Upon information and belief, that at all the times hereinafter .ncnlioned
mentioned,
defendant, PHILLIPS INTERNATIONAL REALTY INC., was and stillis a domestic
corporation organized and existing by virtue of thelaws of the StateofNew York.
FIFTEENTH.: Upon information and belief, that at all the times hereinafter mentioned,
defendant, PHILLLPS INTERNATIONAL REALTY INC., was and stillisa foreign corporation
duly authorized to do business in theState of New York.
\
SIXTEENTH: Open information and belief, that at alltimes herein mentioned the defendant,
PBILLIPS INTERNATIONAL REALTY INC., was and stillisa limited liability
company didy
organized and existing under the laws of the Stateof New York,
!
SEVENTEENTH: Upon information and belief, that at all the times hereinafter mentioned,
defendant, PHILLIPS INTERNATIONAL REALTY INC. , was the managing agent of the
premises known as Morton Village, located at 1048 Old Country Road, County of Nassau, State
of New York; and as well as back door and surrounding area therest.
EIGHTEENTH: Upon information and belief; that atall times hereinafter mentioned defendant,
PHILLIPS INTERNATIONAL, its agents, servants and/or employees, operated the aforesaid
premises,
NINETEENTH: Upon information and belief;that atall times hereinafter mentioned defendartt,
PHILLIPS INTERNATIONAL, itsagents, servants and/or employees, maintamed the aforesaid
pretnises.
FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014
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1
2 TIETH: Upon infonnation and belief,that at alltimes hereinafter mentioned defendant,1
IL IPS INTERNATIONAL, itsagents, servants and/or employees, managed the aforesaid
premises.
TWENTY-FIRST: Upon information and belief, that at all times hereinafter mentioned
I .
defendant, PHILLIPS INTERNATIONAL, itsagents, servantst'
and/or .
employees, controlled the
I
aforesaidpremises, walkway at back door and surrounding area thereat.
! 1'
TWENTY-SECOND: Upon information and belief, that at all times bereinafter mentioned
.neutioued
defendant, PHILLIPS 1NTEPJNATIONAL, itsagents, servants and/or employees, supervised the
aforesaidpremises.
TWENTY-THIRD: Upon information and belief, that at all times hereinafter mentioned
' .
defendant, PHILLIPS INTERNRITONAL, , itsagents, servants and/or employees, repaired the
aforesaidpremises,
TWENTY-FOURTH: Upon information and belief, that at all .
times hereinafter mentioned
defendant, PHILLIPS INTERNATIONAL, itsagents, servants and/or employees, inspected the
aforesaid premises.
TWENTY-FIFTH: Upon information and belief,thaton and prior to the date of the occurrence
jl the defendants had a to maintain in a reasonabl- safe condition the aforesaid
herein, duty reasonable,
location;specifically the aforementioned premises.
TWENTY-SIXTH: That on orabout the 95 of plaintiffwas at
day January, 2014, lawfully the
aforesaid location.
That on or about the 95 of while
TWENTY-SEVENTH: day January, 2014, plaintiffwas
t
t plaintiff of for
performing his job, 7 was exercising the degree care his owrt safety that a
i
. ~ ' ~
reasonably prndenit person would have exercised under
n er '.he
i e same conaitions, v4jle existingthe
FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014
NYSCEF DOC.
I NO. 68 RECEIVED NYSCEF: 05/04/2018
\
rear door of Mr. Joe'splaintiff caused to slipand fall on black ice and precipitatedto the ground
due to the negligence of thedefendants, their agents, servants,and/or employees, causing him to
sustainsevere and grievous personal injuries.
TWENTWEIGHTH: That said occurrence was due to the negligence, recklessness and
;~,. carelessness of defendants, theiragents, servants, employees and/or licensees in the ownership,
/
op ration,control and maintenance of said premises and more particulady the rear parking lot
t
sur ounding area thereat in causing, permitting and/or allowing the said area at the
orementioned location to be, become and remain in a dangerous and hazardous slippery
condition, constitutinga trap, nuisance and hazard; in allowing a icey and slippery to exist; in
failingto repair the aforementioned dangerous and defective condition; in failingto utilizeSalt
and Ice Melt; in failingto shovel area, toremain in a dangerous and defective condition so that
plaintiffand others were put in a position of danger; in allowing a unclean, slipperyiin failingto
maintain the saidarea in a safecondition forthose lawfully using the same; in failingto warn the
plaintiffwith respect to thesaid dangerous and hazardous condition, constitutinga trap,nuisance
and hazard; in failingto have warning signs present to warn plaintiffof iceycondition; in causing
an slippery, unsafe portion of flooringto exist; in failingto properly maintain said area and in
allowing unclean, slipperyand uneven backdoor in saidarea; allas a resultof which the plaintiff
as caused to be and was injured,
f WENTENINTH: That prior to the aforementioned the defendants ot'
or
occurrence, knew should
ave known of theaforementioned dangerous and defective condition.
HIRTIETH: That by reason of the premises aforesaid, thisplaintiff was rendered sick, sore,
lame and disabled and his injuries upon information and belief are of a permanent character.
That by reason thereof,he has been prcv nted from foliovAng his usual vocation and has been
FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014
P
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/04/2018
obliged to incurexpense and obligations for medicines, medical care and attentionand treatment
and he is informed and he verily believes that he willin fne future be obliged to incur further
expense and obligations for medicines, medical care and attention and treatment and continuous
pain and sufferingand be unable to follow his current vocation, allto his damage in an amount
which exceeds the jurisdictional limitsof alllower Courts.
.. .
WHEREFORE, plaintiffdemands judgrnent against the defendants for an amount which
exceeds the jurisdictional limits of alllower Courts; and for the costs and disbursements incurred
herein,and such other, further and different reliefas the Court deems just and proper.
Dated: Mineola, New York
August 13, 2014
Yours,
.Yours, etc.
SANDERS, SANDERS, BLOCK, WOYClK,
'
VIENER ~ P. C.
MAN,
ED WD
~ . L NTIXEWICZ
Attorneys focPlaintiff
MICHAEL MESSINA
100 Herricks Road
Mineola, New York 11501
{516) 741-5252
FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014
NYSCEF I
DOC. NO. 68 RECEIVED NYSCEF: 05/04/2018
ATTOHNK Y'S VFR JFECATEON
Edward J. Nitkewicz an attorney duly admitted to practice before the Courts of the Stare
of Ncw York, affirmsthe following to be trueunder the penalties of perjury:
I am an attorney at SANDERS, SANDERS, BLOCK„'%~OYCIK. VIENEP E.
GROSSMAN, P. C.,attorneys of record for I'.michael
Plaiiitif.", l~4essina.I have read thc annexed
COMPLAWT. and I-now the contents thereof, and the same are true to my knowledge, except
those matters thereinwhich are stated to bc alleged upon information and belief,and as iothose
matters I believe them to be true. My as
belief,', to those matters therein not stated upon
1mowledge, isbased upon facts,records, and other pertinent information contained in my fries.
I make the foregoing aHirrnation. because Plaintiffis notpiesently in the courity wherein
wher I maintain my o6ices.
Bated: Mineola, New York
August 13, 2014
Edward I BltkevGcz
FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/04/2018
Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
MICHAEL MESSINA,
I
Plaintiff,
-against-
MORTON VILLAGE REALTY INC. and PHILLIPS INTERNATIONAL,
Defendants.
._ .....
SUMMONS AND VERIFIED COMPLAINT
SANDERS, SANDERS, BLOCK, WOYCIK, VIENER 8 GROSSMAN,
P.C.
Attorneys for Plaintiff
Of)ìce and Post OfficeAddress, Telephone
100 Herricks Road
Mineola, New York 11501
Bus. (516) 741-5252
Fax (516) 741-0799
TO:
?LEASE TAKE NOTICE
iVOTICE .
thatthe withinis a (certified)
truecopy of a duly
NOTICE OF ENTRY entered in the office
of theclerkof the within named courton
NOTICE OF thatan Order ofwhich the withinis a true
copy will be presentedforsettlement tothe
SETTLEMENT Hon. one of the judgesofthe
within named court,at on at a.m.
ATTORNEY CERTIFICATION PURSUANT TO 22 NYCRR 130-L1A
Pursuant to 22 NYCRR 130-Lla, the undersigned, an attorney admitted to practice in the courts
of New York State, certifiedthat, upon information and belief, and after reasonable inquiry, the
contentions contained in the annexed documents are not frivolous.
Dated:
Yours,etc.,
SANDERS, SANDERS, BLOCK, WOYCIK,
VIENER & GROSSMAN, P.C,
Plairrtifi'
Attorneysfor Plaintiff
Offce and Post Ofice Address, Telephone
100 Herricks Road
Mineola, New York 11501
(516) 741-5252
,' I
Preview
FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/04/2018 FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014 t NYSCEF DOC. t NO. 68 RECEIVED NYSCEF: 05/04/2018 INDEX NO. 604204/2014 ,PILED: F-ILED : NASSAU COUNTY CLERK 06 / 05 / 2015 03 : 17 PM) RECEIVED NYSCEF: 06/05/2015 NYSCEF DOC. NO. 10 INDEX NG. 504204/2014 [F ILED : NASSAU COUNTY CLERK 08 /14 / 2014 0 9 : 4 8 AM| DOC. 1 RECEIVED NYSCEF- 08/14/2014 NYSCEF RO.. SUPREME COURT OF THE STATE OF NEW YORK Index No.: m ( Q I, w COUNTY OF NASSAU -----------------------------------------------X SUMMONS MICHAEL MESSINA, Plaintiffdesignates Nassau County Plaintiff, as the place of trial. ~~ is. ~~ The basisof venue is: Defendant, MORTON VILLAGE MORTON VILLAGE REALTY IN - and PHILL{PS REALTY INC 's placeof Business INTERNATIONAL REA Y Defendant, MORTON VILLAGE Defendants. REALTY INC 's doing business at: ( I-, 'I 1030 Old Country Road !'I g ------------ ----------------X Plainview, New York 11803 I~ n County of Nassau ' .I, ) TO THE DEFENDANTS: l YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of your answer or, ifthe complaint is not served with summons, to serve a notice of appearance, on the Plaintiffs Attomey within 20 days after the service of this summons, exclusive ofthe day of service (or within 30 days afterthe serviceiscomplete ifthis summons is ' not personally delivered to you within the State of New York); and in case of your failureto ear or answer, judgment will be taken against you by defaultfor the reliefdemanded in the ' <~~ . complaint. Dated: Mineola, New York August 13, 2014 SANDERS, SANDERS, BLOCK, WOYClK, VIENER ROSSMAN, P C ) (,a~ EDWXRD 1 NITKEWICZ Attorneys for Plaintiff MICHAEL MESSINA 100 Herricks Road Mineola, New York 11501 (516) 741-5252 TO: MORTON VILLAGE REALTY INC. via Secretary of State & 1030 Old Country Road Plainview, New York 11803 PHILLIPS INTERNATIONAL via Secretary of State & Madison Avenue 2nd Floor 295 New York, New York 10017 FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014 NYSCEF r DOC. r NO. 68 RECEIVED NYSCEF: 05/04/2018 1 NEV«' SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU . __..__________..--------------------------.X X Index No.: MICHAEL ME5SINA, . . VERIFIED COMPLAINT Plaintiff, -against- MORTON VILLAGE REALTY INC. and PHILLIPS INTERNATIONAL REALTY INC., Defendants. ____.- __ _..._ __---__________________ _____-----X Plaintiff, by his attorneys, SANDERS, SANDERS, BLOCK, WOYCIK, VIENER & GROSSMAN, P. C., complaining of the defendants above named, respectfully alleges as follows: FIRST' AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF: MICHAEL MESSINA h . ST: That at alltime hereinafter mentioned, plaintiffwas and still isa resident of the County I of Suffolk, and State ofNew York. SECOND: That at all time hereinafter mentioned, Defendant Morton Village Realty was inco1porated in theCounty ofNassau, and State of New York. THIRD: Upon information and belief, that at allthe times hereinafter mentioned, defendant, MORTON VIU,AGE REALTY INC., was and stillis a domestic corporation organized and existing by virtue of thelaws of the Stateof New York. FOURTH: Upon infonnation and belief, that at allthe times herelnaftermentioned, defendant, MORTON VILLAGE REALTY INC,, was and stillis a foreign corporation duly authodzed to do business inthe State ofNew York. FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014 I NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/04/2018 FIFTH:Upon information aad belief, thatatall times herein mentioned the defendant, MORTON ' ' ' ILLAGE REALTY INC., was and stillis a limited. liability company duly organized and ' ek' under the laws of theState of New York. ng ' .'.J Upon SIXTH: information and belief, that at all the times hereinafter mentioned, defendant. MORTON VILLAGE REALTY was INC., ., the owner of thepremises known as Morton Village, located at 1048 Old Country Road, County ofNassau, State ofNew York. " ' . SEVENTH: Upon information and belief, that at all titneshereinafter mentioned defendant, MORTON VILLAGE REALTY its INC., ., agents, servants and/or employees, , operated the \ aforesaid prernises. [ EIGHTH: ..GHTH Upon information and belief, that at all times hereinafter mentioned defendant, ' ' MORTON VILLAGE REALTY INC., its agents, servants and/or employees, maintained 'the aforesaid premises. NINTH: ..Upon information and belief, . that at all times hereinafter mentioned defendant, ' MORTON VILLAGE REALTY its INC., ., agents, servants and/or . etnployees, rnanaged the aforesaid premises. TENTH: Upon information and belief, that at all times bereinafter mentioned defendant, MORTON VILLAGE REALTY INC.,, its agents, servants and/or employees, contmlled the aforesaid premises. " ELEVENTH: Upon information and belief, that at alltimes hereinafter mentioned defendant, MORTON VILLAGE REALTY its INC., ., agents, servants and/or employees, supervised the aforesaidpremises. LFTH: Upon information and belief, that at all times hereinafter mentioned defendant, MORTON VILLAGE ~4TY INC,C, its a ents agents, servants anti/or employee". yees, repaired ihe FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014 I NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/04/2018 aforesaid premises. T 'IÓENTH: Upon information and belief, that atall times hereinafter mendoned defendant, OK10 VLLLAGE REALTY INC., itsagents, servants and/or employees, inspected the afo said premises, walkway at back door and surrounding area therest. FOURTEENTf± Upon information and belief, that at all the times hereinafter .ncnlioned mentioned, defendant, PHILLIPS INTERNATIONAL REALTY INC., was and stillis a domestic corporation organized and existing by virtue of thelaws of the StateofNew York. FIFTEENTH.: Upon information and belief, that at all the times hereinafter mentioned, defendant, PHILLLPS INTERNATIONAL REALTY INC., was and stillisa foreign corporation duly authorized to do business in theState of New York. \ SIXTEENTH: Open information and belief, that at alltimes herein mentioned the defendant, PBILLIPS INTERNATIONAL REALTY INC., was and stillisa limited liability company didy organized and existing under the laws of the Stateof New York, ! SEVENTEENTH: Upon information and belief, that at all the times hereinafter mentioned, defendant, PHILLIPS INTERNATIONAL REALTY INC. , was the managing agent of the premises known as Morton Village, located at 1048 Old Country Road, County of Nassau, State of New York; and as well as back door and surrounding area therest. EIGHTEENTH: Upon information and belief; that atall times hereinafter mentioned defendant, PHILLIPS INTERNATIONAL, its agents, servants and/or employees, operated the aforesaid premises, NINETEENTH: Upon information and belief;that atall times hereinafter mentioned defendartt, PHILLIPS INTERNATIONAL, itsagents, servants and/or employees, maintamed the aforesaid pretnises. FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014 NYSCEF I DOC. NO. 68 RECEIVED NYSCEF: 05/04/2018 1 2 TIETH: Upon infonnation and belief,that at alltimes hereinafter mentioned defendant,1 IL IPS INTERNATIONAL, itsagents, servants and/or employees, managed the aforesaid premises. TWENTY-FIRST: Upon information and belief, that at all times hereinafter mentioned I . defendant, PHILLIPS INTERNATIONAL, itsagents, servantst' and/or . employees, controlled the I aforesaidpremises, walkway at back door and surrounding area thereat. ! 1' TWENTY-SECOND: Upon information and belief, that at all times bereinafter mentioned .neutioued defendant, PHILLIPS 1NTEPJNATIONAL, itsagents, servants and/or employees, supervised the aforesaidpremises. TWENTY-THIRD: Upon information and belief, that at all times hereinafter mentioned ' . defendant, PHILLIPS INTERNRITONAL, , itsagents, servants and/or employees, repaired the aforesaidpremises, TWENTY-FOURTH: Upon information and belief, that at all . times hereinafter mentioned defendant, PHILLIPS INTERNATIONAL, itsagents, servants and/or employees, inspected the aforesaid premises. TWENTY-FIFTH: Upon information and belief,thaton and prior to the date of the occurrence jl the defendants had a to maintain in a reasonabl- safe condition the aforesaid herein, duty reasonable, location;specifically the aforementioned premises. TWENTY-SIXTH: That on orabout the 95 of plaintiffwas at day January, 2014, lawfully the aforesaid location. That on or about the 95 of while TWENTY-SEVENTH: day January, 2014, plaintiffwas t t plaintiff of for performing his job, 7 was exercising the degree care his owrt safety that a i . ~ ' ~ reasonably prndenit person would have exercised under n er '.he i e same conaitions, v4jle existingthe FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014 NYSCEF DOC. I NO. 68 RECEIVED NYSCEF: 05/04/2018 \ rear door of Mr. Joe'splaintiff caused to slipand fall on black ice and precipitatedto the ground due to the negligence of thedefendants, their agents, servants,and/or employees, causing him to sustainsevere and grievous personal injuries. TWENTWEIGHTH: That said occurrence was due to the negligence, recklessness and ;~,. carelessness of defendants, theiragents, servants, employees and/or licensees in the ownership, / op ration,control and maintenance of said premises and more particulady the rear parking lot t sur ounding area thereat in causing, permitting and/or allowing the said area at the orementioned location to be, become and remain in a dangerous and hazardous slippery condition, constitutinga trap, nuisance and hazard; in allowing a icey and slippery to exist; in failingto repair the aforementioned dangerous and defective condition; in failingto utilizeSalt and Ice Melt; in failingto shovel area, toremain in a dangerous and defective condition so that plaintiffand others were put in a position of danger; in allowing a unclean, slipperyiin failingto maintain the saidarea in a safecondition forthose lawfully using the same; in failingto warn the plaintiffwith respect to thesaid dangerous and hazardous condition, constitutinga trap,nuisance and hazard; in failingto have warning signs present to warn plaintiffof iceycondition; in causing an slippery, unsafe portion of flooringto exist; in failingto properly maintain said area and in allowing unclean, slipperyand uneven backdoor in saidarea; allas a resultof which the plaintiff as caused to be and was injured, f WENTENINTH: That prior to the aforementioned the defendants ot' or occurrence, knew should ave known of theaforementioned dangerous and defective condition. HIRTIETH: That by reason of the premises aforesaid, thisplaintiff was rendered sick, sore, lame and disabled and his injuries upon information and belief are of a permanent character. That by reason thereof,he has been prcv nted from foliovAng his usual vocation and has been FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014 P NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/04/2018 obliged to incurexpense and obligations for medicines, medical care and attentionand treatment and he is informed and he verily believes that he willin fne future be obliged to incur further expense and obligations for medicines, medical care and attention and treatment and continuous pain and sufferingand be unable to follow his current vocation, allto his damage in an amount which exceeds the jurisdictional limitsof alllower Courts. .. . WHEREFORE, plaintiffdemands judgrnent against the defendants for an amount which exceeds the jurisdictional limits of alllower Courts; and for the costs and disbursements incurred herein,and such other, further and different reliefas the Court deems just and proper. Dated: Mineola, New York August 13, 2014 Yours, .Yours, etc. SANDERS, SANDERS, BLOCK, WOYClK, ' VIENER ~ P. C. MAN, ED WD ~ . L NTIXEWICZ Attorneys focPlaintiff MICHAEL MESSINA 100 Herricks Road Mineola, New York 11501 {516) 741-5252 FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014 NYSCEF I DOC. NO. 68 RECEIVED NYSCEF: 05/04/2018 ATTOHNK Y'S VFR JFECATEON Edward J. Nitkewicz an attorney duly admitted to practice before the Courts of the Stare of Ncw York, affirmsthe following to be trueunder the penalties of perjury: I am an attorney at SANDERS, SANDERS, BLOCK„'%~OYCIK. VIENEP E. GROSSMAN, P. C.,attorneys of record for I'.michael Plaiiitif.", l~4essina.I have read thc annexed COMPLAWT. and I-now the contents thereof, and the same are true to my knowledge, except those matters thereinwhich are stated to bc alleged upon information and belief,and as iothose matters I believe them to be true. My as belief,', to those matters therein not stated upon 1mowledge, isbased upon facts,records, and other pertinent information contained in my fries. I make the foregoing aHirrnation. because Plaintiffis notpiesently in the courity wherein wher I maintain my o6ices. Bated: Mineola, New York August 13, 2014 Edward I BltkevGcz FILED: NASSAU COUNTY CLERK 05/04/2018 11:58 AM INDEX NO. 604204/2014 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 05/04/2018 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU MICHAEL MESSINA, I Plaintiff, -against- MORTON VILLAGE REALTY INC. and PHILLIPS INTERNATIONAL, Defendants. ._ ..... SUMMONS AND VERIFIED COMPLAINT SANDERS, SANDERS, BLOCK, WOYCIK, VIENER 8 GROSSMAN, P.C. Attorneys for Plaintiff Of)ìce and Post OfficeAddress, Telephone 100 Herricks Road Mineola, New York 11501 Bus. (516) 741-5252 Fax (516) 741-0799 TO: ?LEASE TAKE NOTICE iVOTICE . thatthe withinis a (certified) truecopy of a duly NOTICE OF ENTRY entered in the office of theclerkof the within named courton NOTICE OF thatan Order ofwhich the withinis a true copy will be presentedforsettlement tothe SETTLEMENT Hon. one of the judgesofthe within named court,at on at a.m. ATTORNEY CERTIFICATION PURSUANT TO 22 NYCRR 130-L1A Pursuant to 22 NYCRR 130-Lla, the undersigned, an attorney admitted to practice in the courts of New York State, certifiedthat, upon information and belief, and after reasonable inquiry, the contentions contained in the annexed documents are not frivolous. Dated: Yours,etc., SANDERS, SANDERS, BLOCK, WOYCIK, VIENER & GROSSMAN, P.C, Plairrtifi' Attorneysfor Plaintiff Offce and Post Ofice Address, Telephone 100 Herricks Road Mineola, New York 11501 (516) 741-5252 ,' I