Preview
FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
KATHLEEN DUFFY Index # 703667/2018
Plaintiff(s) Docket Number: 1065829
- against - File # :GTMP/777/0931
ST. JOHN'S UNIVERSITY
Notice Pursuant
Defendant(s)
to Section 307
of the Business
Corporation Law
of the State of
New York
Please take notice that, pursuant to the provisions of Section 307 of the Business Corporation
Law of the State of New York, the legal document in the above entitled action was served upon
you by service upon the Secretary of State of the State of New York. As your agent for such
service, by delivering to and leaving with a person authorized by said secretary of state to
receive such service, at the office of the Department of State in the City of Albany, State of New
York, on March 16, 2018, a copy of the sumrñoñs herein with the statutory fee of forty dollars
($40.00) and
Please take further notice that I am sending you herewith, by registered mail, a copy of said
process, in this above captioned action.
Dated March 20, 2018 McCARTHY & KELLY
New New York 52 DUANE STREET, 7TH FLOOR
York,
NEW YORK, NY 10007
Tel: 212-732-6000
FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--------------------------------x
KATHLEEN DUFFY
Plaintiff/Petitioner,
-against- 703667/2018
index No.
ST. JOHN'S UNIVERSITY
Defendant/Respondent.
--------------------------------x
NOTICE REGARDING AVAILABILITY OF ELECTRONIC
SUPREME COURTCASES
PLEASE TAKE NOTICE that the matter captioned above has been commenced as an
electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as
required by CPLR § 2111 and Uniform Rule § 202.5-b (consensual electronic filing). This notice is
being served as required by that rule.
NYSCEF is designed for the electronic filing of documents with the County Clerk and the
court and for the electronic service of those documents, court documents, and court notices
upon counsel and unrepresented litigants who have consented to electronic filing
Electronic filing offers significant benefits for attorneys and litigants, permitting papers to
be filed with the County Clerk and the court and served on other parties simply, conveniently,
and quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on
the NYSCEF Website, which can be done at any time of the day or night on any day of the week.
The documents are served automatically on all consenting e-filers as soon as the document is
uploaded to the website, which sends out an immediate email notification of the filing.
The NYSCEF System charges no fees for filing, serving, or viewing the electronic case
record, nor does it charge any fees to print any filed documents. Normal filing fees must be paid
but this can be done on-line.
1) Parties represented by an attorney: An attorney representing a party who is
served with this Notice must promptly either consent or decline consent to electronic filing and
service through NYSCEF for this case. Attorneys registered with NYSCEF may record their
consent electronically in the manner provided at the NYSCEF site. Attorneys not registered with
NYSCEF but intending to participate in e-filing must first create a NYSCEF account and obtain a
user ID and password prior to recording their consent by going to www.nycourts,gov/efile,
Attorneys declining to consent must file with the court and serve on all parties of record a
declination of consent.
2) Parties not represented by an attorney: Unrepresented litigants are exempt
from e-filing. They can serve and file all documents in paper form and must be served
with all documents in paper form. However, an unrepresented litigant may consent to
participate in e-filing.
Index # Page 1 of 2 EF-3
FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018
For information on how to participate in e-filing, unrepresented litigants should..contact
the appropriate clerk in the court where the action was filed or visit www.nycourts,
gov/efileunrepresented. Unrepresented litigants also are encouraged to visit www.nycourthelp,
gay or contact the Help Center in the court where the action was filed. An unrepresented litigant
who consents to e-filing may cease participation at any time. However, the other parties may
continue to e-file their court documents in the case. .
. .
For additional information about electronic filing and to create a NYSCEF account, visit
the NYSCEF website at www,nycourts.gov/efile or contact the NYSCEF Resource Center (phone:
646- 386-3033; e-mail: efile@nvcourts.gov).
Dated: 03/09/2018
Signature
GERALDT.MCCARTHY
Name
MCCARTHY & KELLY LLP
Firm Name .
52 Duane St
Address
New York NY 10007
City, State, and Zip
212-732-6408
Phone
gm@mccarthykelly.com
E-Mail
To: Defendant
9/3/15
index # Page 2 of 2 EF-3
FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018
INDEX NO. 7
FILED r QUEENS COUNTY CLERK 03/09 /2018 03:57 PM|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF 8
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------------------------------------------------------x .
KATHLEEN DUFFY, : Index No. 703667/2018
Plaintiff, :
VERIFIED
- against - : COMPLAINT
ST. JOHN'S UNIVERSITY, :
Defendant. :
------------------------------------------------___---------------X
Plaintiff KATHLEEN DUFFY by her attorneys McCarthy I Kelly LLP states and alleges
the following upon information and belief:
FIRST CAUSE
OF ACTION
1. That at alltimes herein mentioned, plaintiffs was, and still
are residents of the State
of Pennsylvania.
2. That at all times hereinafter mentioned, defendant ST. JOHN'S UNIVERSITY
was a domestic corporation duly organized and existing pursuant to the laws of the State of New
York.
3. That at alltimes hereinaRer mentioned, defendant owned the premises known as
the Carnesecca Arena, on the ST. JOHN'S UNIVERSITY, and located at 80-00 Utopia Parkway,
Queens, NY 1 1439 (hereinafter referred to herein as the "Premises").
4. That at all times hereinafter mentioned, defendant operated a business at the
aforementioned premises, to wiz, an arena open to the public.
5. That at alltimes hereinafter mentioned, defendant maintained the premises.
6. That at alltimes hereinafter mentioned, defendant controlled the premises.
7. That at alltimes hereinafter mentioned, defendant designed the premises.
2 of 5
FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018
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INDEX NO. 70
IFTLED f QUEENS COUNTY CLERK 03/09 /2018 03:57 PM|
NYSCEF DOC. NO. 1 RECEIVED NYSCE1
8. That at alltimes hereinafter mentioned, defendant constructed the premises
9. That on Saturday July 22, 2017, plaintiff Kathleen Duffy was lawfully on the
premises while attending a Catholic youth group mass, and was sitting in the bleachers of
Carnesecca Arena attending a Catholic Mass, and during that Mass was caused to fallinto a large
gap in the walkway of the bleachers.
10. At the aforementioned time and place, plaintiff KATHLEEN DUFFY was severely
injured due to the negligence, carelessness and recklessness of the defendant, their agents,
servants and/or employees in the ownership, operation, management, control, construction,
design, repair and maintenance of the premises.
1 l. As a result of the aforementioned, plaintiffKATHLEEN DUFFY sustained severe
and serious permanent personal injuries; incurred medical expenses and sustained other
consequential damages.
12. The limitations on liability set forth in CPLR Section 1601 do not apply to this
action by reason of one or more of the exemptions set forth in CPLR Section 1602.
13. Plaintiffsdemand a trialby jury on allissues.
WHEREFORE, plaintiff KATHLEEN DUFFY demand judgment against the defendants
in an amount in excess of the jurisdictional limits of all lower Courts in which this action may
otherwise have been brought, together with interest, costs and disbursements ofthis action.
Dated: New York, NY
March 5, 2018
McCarthy | Kelly LLP
Attorneys for Plaintiff
Gerald T. MciCarthy
52 Duane Street - 7th Floor
New York, NY 10007
3 of 5
FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018
INDEX NO. 703
F.ILED: QUEENS COUNTY CLERK 03 /09/2018 03 : 57 PM)
NYSCEF DOC. NO. 1 RECEIVED NYSC FA
..
(212) 732-6408
Defendant's address:
St. John's University
80-00 Utopia Parkway
Queens, NY 1 1439
4 of 5
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018
INDEX No. 70
[FILEDt QUEENS COUNTY CLERK 03 / 09 /2 018 03 : 57 PMl
NYSCEF DOC. NO. 1 RECEIVED NYSCEF
MTORNEY'S VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
Gerald T. McCarthy, being duly sworn, states that he is an attorney duly admitted to
practice in the State of New York and a member of the law firm of McCarthy | Kelly LLP,
attorneys for plaintiff in the within action; that the foregoing Verified Complaint istrue to his own
knowledge, except as to those matters herein stated to be alleged upon information and belief, and
as to those matters he believes them to be true; that the grounds of his belief as to allmatters not
- stated upon his knowledge are from conversations with plaintiff and/or documents furnished to
him by plaintiff.
The undersigned filrtherstates that thisverification is made by the undersigned and not by
plaintiff because plaintiff isnot in the county where affirmant has hisoffice.
Gerald T. McCarthy
Sworn to me this day
March 5, 2018
WILLIAMPATRICE KELLY
Notary Public,State
of New York
No.31,02KE50050 L2
Qualifiedin Queens comay
Commission ExpiresNovember 30.
Notary Public
5 of 5
FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018
FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018
PermitNo. G-10
239 76 DEPART: Business Affairs
your name, address, and ZIP+4® box•
in this BUILDING: Newman Hall
7OTHAM PROCESS SERVICE, SP,.
DDRM
St in E M01
299 GROADWAY SHELF: None SECTION: None
NEW Y ORK, NY 10007-1907
NOTES: N Name
DATE RECElVED: 3/29/2018 t48:59 PM
Preview
FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS KATHLEEN DUFFY Index # 703667/2018 Plaintiff(s) Docket Number: 1065829 - against - File # :GTMP/777/0931 ST. JOHN'S UNIVERSITY Notice Pursuant Defendant(s) to Section 307 of the Business Corporation Law of the State of New York Please take notice that, pursuant to the provisions of Section 307 of the Business Corporation Law of the State of New York, the legal document in the above entitled action was served upon you by service upon the Secretary of State of the State of New York. As your agent for such service, by delivering to and leaving with a person authorized by said secretary of state to receive such service, at the office of the Department of State in the City of Albany, State of New York, on March 16, 2018, a copy of the sumrñoñs herein with the statutory fee of forty dollars ($40.00) and Please take further notice that I am sending you herewith, by registered mail, a copy of said process, in this above captioned action. Dated March 20, 2018 McCARTHY & KELLY New New York 52 DUANE STREET, 7TH FLOOR York, NEW YORK, NY 10007 Tel: 212-732-6000 FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------x KATHLEEN DUFFY Plaintiff/Petitioner, -against- 703667/2018 index No. ST. JOHN'S UNIVERSITY Defendant/Respondent. --------------------------------x NOTICE REGARDING AVAILABILITY OF ELECTRONIC SUPREME COURTCASES PLEASE TAKE NOTICE that the matter captioned above has been commenced as an electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as required by CPLR § 2111 and Uniform Rule § 202.5-b (consensual electronic filing). This notice is being served as required by that rule. NYSCEF is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and unrepresented litigants who have consented to electronic filing Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be filed with the County Clerk and the court and served on other parties simply, conveniently, and quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the NYSCEF Website, which can be done at any time of the day or night on any day of the week. The documents are served automatically on all consenting e-filers as soon as the document is uploaded to the website, which sends out an immediate email notification of the filing. The NYSCEF System charges no fees for filing, serving, or viewing the electronic case record, nor does it charge any fees to print any filed documents. Normal filing fees must be paid but this can be done on-line. 1) Parties represented by an attorney: An attorney representing a party who is served with this Notice must promptly either consent or decline consent to electronic filing and service through NYSCEF for this case. Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing must first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to www.nycourts,gov/efile, Attorneys declining to consent must file with the court and serve on all parties of record a declination of consent. 2) Parties not represented by an attorney: Unrepresented litigants are exempt from e-filing. They can serve and file all documents in paper form and must be served with all documents in paper form. However, an unrepresented litigant may consent to participate in e-filing. Index # Page 1 of 2 EF-3 FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018 For information on how to participate in e-filing, unrepresented litigants should..contact the appropriate clerk in the court where the action was filed or visit www.nycourts, gov/efileunrepresented. Unrepresented litigants also are encouraged to visit www.nycourthelp, gay or contact the Help Center in the court where the action was filed. An unrepresented litigant who consents to e-filing may cease participation at any time. However, the other parties may continue to e-file their court documents in the case. . . . For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www,nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646- 386-3033; e-mail: efile@nvcourts.gov). Dated: 03/09/2018 Signature GERALDT.MCCARTHY Name MCCARTHY & KELLY LLP Firm Name . 52 Duane St Address New York NY 10007 City, State, and Zip 212-732-6408 Phone gm@mccarthykelly.com E-Mail To: Defendant 9/3/15 index # Page 2 of 2 EF-3 FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018 INDEX NO. 7 FILED r QUEENS COUNTY CLERK 03/09 /2018 03:57 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF 8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------x . KATHLEEN DUFFY, : Index No. 703667/2018 Plaintiff, : VERIFIED - against - : COMPLAINT ST. JOHN'S UNIVERSITY, : Defendant. : ------------------------------------------------___---------------X Plaintiff KATHLEEN DUFFY by her attorneys McCarthy I Kelly LLP states and alleges the following upon information and belief: FIRST CAUSE OF ACTION 1. That at alltimes herein mentioned, plaintiffs was, and still are residents of the State of Pennsylvania. 2. That at all times hereinafter mentioned, defendant ST. JOHN'S UNIVERSITY was a domestic corporation duly organized and existing pursuant to the laws of the State of New York. 3. That at alltimes hereinaRer mentioned, defendant owned the premises known as the Carnesecca Arena, on the ST. JOHN'S UNIVERSITY, and located at 80-00 Utopia Parkway, Queens, NY 1 1439 (hereinafter referred to herein as the "Premises"). 4. That at all times hereinafter mentioned, defendant operated a business at the aforementioned premises, to wiz, an arena open to the public. 5. That at alltimes hereinafter mentioned, defendant maintained the premises. 6. That at alltimes hereinafter mentioned, defendant controlled the premises. 7. That at alltimes hereinafter mentioned, defendant designed the premises. 2 of 5 FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018 INDEX NO. 70 IFTLED f QUEENS COUNTY CLERK 03/09 /2018 03:57 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCE1 8. That at alltimes hereinafter mentioned, defendant constructed the premises 9. That on Saturday July 22, 2017, plaintiff Kathleen Duffy was lawfully on the premises while attending a Catholic youth group mass, and was sitting in the bleachers of Carnesecca Arena attending a Catholic Mass, and during that Mass was caused to fallinto a large gap in the walkway of the bleachers. 10. At the aforementioned time and place, plaintiff KATHLEEN DUFFY was severely injured due to the negligence, carelessness and recklessness of the defendant, their agents, servants and/or employees in the ownership, operation, management, control, construction, design, repair and maintenance of the premises. 1 l. As a result of the aforementioned, plaintiffKATHLEEN DUFFY sustained severe and serious permanent personal injuries; incurred medical expenses and sustained other consequential damages. 12. The limitations on liability set forth in CPLR Section 1601 do not apply to this action by reason of one or more of the exemptions set forth in CPLR Section 1602. 13. Plaintiffsdemand a trialby jury on allissues. WHEREFORE, plaintiff KATHLEEN DUFFY demand judgment against the defendants in an amount in excess of the jurisdictional limits of all lower Courts in which this action may otherwise have been brought, together with interest, costs and disbursements ofthis action. Dated: New York, NY March 5, 2018 McCarthy | Kelly LLP Attorneys for Plaintiff Gerald T. MciCarthy 52 Duane Street - 7th Floor New York, NY 10007 3 of 5 FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018 INDEX NO. 703 F.ILED: QUEENS COUNTY CLERK 03 /09/2018 03 : 57 PM) NYSCEF DOC. NO. 1 RECEIVED NYSC FA .. (212) 732-6408 Defendant's address: St. John's University 80-00 Utopia Parkway Queens, NY 1 1439 4 of 5 FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018 INDEX No. 70 [FILEDt QUEENS COUNTY CLERK 03 / 09 /2 018 03 : 57 PMl NYSCEF DOC. NO. 1 RECEIVED NYSCEF MTORNEY'S VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) Gerald T. McCarthy, being duly sworn, states that he is an attorney duly admitted to practice in the State of New York and a member of the law firm of McCarthy | Kelly LLP, attorneys for plaintiff in the within action; that the foregoing Verified Complaint istrue to his own knowledge, except as to those matters herein stated to be alleged upon information and belief, and as to those matters he believes them to be true; that the grounds of his belief as to allmatters not - stated upon his knowledge are from conversations with plaintiff and/or documents furnished to him by plaintiff. The undersigned filrtherstates that thisverification is made by the undersigned and not by plaintiff because plaintiff isnot in the county where affirmant has hisoffice. Gerald T. McCarthy Sworn to me this day March 5, 2018 WILLIAMPATRICE KELLY Notary Public,State of New York No.31,02KE50050 L2 Qualifiedin Queens comay Commission ExpiresNovember 30. Notary Public 5 of 5 FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018 FILED: QUEENS COUNTY CLERK 12/04/2018 01:48 PM INDEX NO. 703667/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/04/2018 PermitNo. G-10 239 76 DEPART: Business Affairs your name, address, and ZIP+4® box• in this BUILDING: Newman Hall 7OTHAM PROCESS SERVICE, SP,. DDRM St in E M01 299 GROADWAY SHELF: None SECTION: None NEW Y ORK, NY 10007-1907 NOTES: N Name DATE RECElVED: 3/29/2018 t48:59 PM