Preview
FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
QUEENIE VIEUX,
Plaintiff,
AMENDED
-against- VERIFIE_D
COMPLAINT
Index No.: 603357/2019
COSTCO WHOLESALE CORPORATION and
CLUB DEMONSTRATION SERVICES, INC.,
Defendants.
...___________,-------------------- --------------- -----x
Plaintiff complaining of the defêñdants herein, by her attorneys HARMON, LINDER &
ROGOWSKY, respectfully sets forth and alleges as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFF
1. That at the time of the cominencement of this action plaintiff was a resident of the
County of SUFFOLK and State of New York.
2. That defendant COSTCO WHOLESALE CORPORATION was and still is a foreign
business corporation organized in Washingtõñ State and existing under and by virtue of
the laws of the State of New York; said defendant is conducting business in the State of
New York.
3. That defeñdant CLUB DEMONSTRATION SERVICES, INC. was and still is a foreign
busiñêss corporation organized in Cüññécticut and existiñg under and by virtue of the laws
of the State of New York; said defendant is conducting business in the State of New York.
4. That defendants deviated from the applicable standard of care with respect to the
plaintiff causing the damages, losses and injuries set forth in this complaint.
1 of 10
FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021
5. That at all times herein menticñêd, the iccetion of the plaintiff's accident giving rise to
this action was inside the Costco store on and upon the lands and premises !ocated at 625
Broad Hollow Road, Melville, in the County of Suffolk and State of New York.
6. That on September 28, 2020 at approximately 9:00 am the plaintiff herein was
lawfully walking at said location and sustained injuries due to neg!!gent, dangerous and/or
defective conditions.
7. That on October 27, 2018 at approximately 12:25 pm the plaintiff herein was
lawfully walking at said !ocation and was caused to slip and fall due to condition(s)
including but not limited to the followng: (1) defective floors; (2) water, slippery substances
and/or foreigñ substances/debris on the floor; (3) absence of non-slip floor matting; (4)
flooring materials that became excessively slippery when wet/substance covered; (5)
presence of excessive wax and/or floor sealant; (6) flooring materials that were uneven,
broken, cracked, dilapidated, etc. and/or (7) inadequate illuminatioñ and thereby sustaining
severe injuries as hereinafter set forth, due to the negligence of the defendants herein.
8. The defendants, at all relevant times, and for many hours and days prior thereto,
caused, created, al|õwëd and/or permitted the floors of said Iccation to remain in a
dangerous condition.
9. The defendants knew or should have known of said dangercus conditions and
should have taken action to correct said conditions.
10. The defendants, at the time of the accident, negligeñtly caused, created, allowed
and/or permitted the floor to remain in said dangerous condition and failed to correct the
condition. The defendañts had actual and constructive notice of the ccñdition on the day
of the accident.
2 of 10
FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021
11. That defendant COSTCO WHOLESALE CORPORATION owñed OR leased said
location.
12. That defendant COSTCO WHOLESALE CORPORATION operated said location.
13. That defendant COSTCO WHOLESALE CORPORATION mañaged said locaticñ.
14. That defendant COSTCO WHOLESALE CORPORATION maintained said location.
15. That defendant COSTCO WHOLESALE CORPORATION controlled said location.
16. That defêñdañt COSTCO WHOLESALE CORPORATION through its acts and/or
omissions inadequate!y and/or improperly owned, operated, managed, maintained, and/or
controlled said location.
17. That defendant COSTCO WHOLESALE CORPORATION through its acts and/or
cmissions, negligently, carelessly, inadequately and/or improperly
cleaned/repaired/iñspected and/or failed to clean/repair/inspect said locatioñ.
18. That defendant COSTCO WHOLESALE CORPORATION was hired or otherwise
obligated to provide inspection, malñteñance, cleaning and/or general contractor services
at said location.
19. That defendant COSTCO WHOLESALE CORPORATION had a duty to provide the
services rendered in accordance with industry standards and in accordance with the
specific demands for the conditions at said location.
20. That defendant COSTCO WHOLESALE CORPORATION failed to provide the
services rendered in accordance with industry standards at said location.
21. That defendant COSTCO WHOLESALE CORPORATION failed to provide the
services rendered in acccidance with the specific demands for the ccñditions at said
location.
3 of 10
FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021
22. That defendant CLUB DEMONSTRATION SERVICES, INC. owned OR !eased said
location.
23. That defendant CLUB DEMONSTRATION SERVICES, INC. opêiated said location.
24. That defendant CLUB DEMONSTRATION SERVICES, INC. managed said location.
25. That defendant CLUB DEMONSTRATION SERVICES, INC. maintained said
location.
26. That defendant CLUB DEMONSTRATION SERVICES, INC. controlled said
location.
27. That defendant CLUB DEMONSTRATION SERVICES, INC. through its acts and/or
omissions inadequately and/or improperly owned, operated, managed, maintained, and/or
controlled said location.
28. That defendant CLUB DEMONSTRATION SERVICES, INC. through its acts and/or
omissions, negligently, carelessly, inadequately and/or improperly
cleaned/repairedilñspected and/or failed to clean/repair/inspect said !ocation.
29. That defendant CLUB DEMONSTRATION SERVICES, INC. was hired or otherwise
obligated to provide inspection, maintenance, cleaning and/or general contractor services
at said location.
30. That defendant CLUB DEMONSTRATION SERVICES, INC. had a duty to provide
the services rendered in accordance with industry standards and in accordance with the
specific demands for the conditions at said location.
31. That defendant CLUB DEMONSTRATION SERVICES, INC. failed to provide the
services rendered in accordance with industry standards at said !ocation.
4 of 10
FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021
32. That defendant CLUB DEMONSTRATION SERVICES, INC. failed to provide the
services rendered in accordance with the specific demands for the conditions at said
location.
33. That the defendants were at all times under a duty to keep said location in a safe,
proper and secured manner to prevent injury to the plaintiff and others, in a condition free
from dangerous conditions.
34. That defendants, their agents, servants and/or employees thorough their acts
and/or ornissicñs were careless and ñêgligent in the ownership, operation and control of
said location; in causing, allowing and/or permitting said location to become and remain in
dangerous condition, uninairitained, ñegligent, improper and/or unsafe cõnd|tion; in failing
to make proper, adequate, timely and necessary repairs; in causing, allowiñg and/or
permitting said location to be and remain in a hazardous condition; in failing to make
proper, timely and adequate inspection thereof; in failing to maintain the aforesaid
premises in a proper manñêr; in the negligent and dangerous design, installation,
maintenance and management of the aforesaid area; in failing to set up proper safeguards
and/or barriers; in failing to warn persons lawfully traversing the area of the aforesaid
dangerous and hazardous condition; in failing to have sufficient and adequate manpower;
in failing to protect invitee of said area; in creating a nuisance or trap; in failing to provide
and/or use proper equipment; in failing to correct a reoccurring dangercus condition; and in
otherwise failing to use due care, caution and prudence on the premises.
35. That as a result of the foregoing, the plaintiff was caused to and did sustain severe
and serious injuries and was required to seek and obtain rñédical care and attention in an
5 of 10
FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021
effort to cure and alleviate same and, upon information and belief will be compelled to do
so in the future.
36. That this occurrence and the injuries sustained by the plaintiff were caused by the
negligence of defêñdants, without any negligence on the part of the plaintiff contributing
there to.
37. That this action falls within one or more of the exceptions set forth in Section 1602
of the CPLR.
38. That by reason of the foregoing, plaintiff has been damaged in an amount which
exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction.
39. That defendant CLUB DEMONSTRATION SERVICES, INC. was hired by
defendant COSTCO WHOLESALE CORPORATION to provide certain services at said
location.
40. That defendant CLUB DEMONSTRATION SERVICES, INC. was hired by
defendant COSTCO WHOLESALE CORPORATION to provide certain services at said
location that include the demonstration and/or disbursements of foods and/or beverages at
said location.
41. That defêñdant CLUB DEMONSTRATION SERVICES, INC. was hired by
defendant COSTCO WHOLESALE CORPORATION to provide certain services at said
samples"
|Gcatioñ that include what is ccmmonly called "giving out of foods and/or
beverages at said location.
42. That defendant CLUB DEMONSTRATION SERVICES, INC. was hired by
defendant COSTCO WHOLESALE CORPORATION to provide certain services that serve
to or help foster the sale of certain foods and/or beverages at said location.
6 of 10
FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021
43. That it is foreseeable the actions of defendant CLUB DEMONSTRATION
SERVICES, INC. while providing certain services at said location that include what is
samp|ês"
commonly called "giving out of foods and/or beverages can lead to food and/or
up"
foreign substances falling, landing and/or "ending on the floor.
44. That defendant CLUB DEMONSTRATION SERVICES, INC. should be monitoring
samples"
and had a duty to be monitoring the surrounding area when it is "giving out of
foods and/or beverages at said location.
45. That defendant CLUB DEMONSTRATION SERVICES, INC. failed to monitor the
samples"
surrounding area when it was "giving out of foods and/or beverages at said
location at said date and time.
46. That defendant CLUB DEMONSTRATION SERVICES, INC. actions caused and/or
contributed to the plaintiff's accident and the resulting injuries.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFF
"1"
47. Plaintiff repeats and re-aileges each and every allegation contained in paragraphs
through "46", as if the same were fully hereinafter set forth at length.
defendants'
48. That the conduct as earlier described was neg!!gent and careless in inter
alia:
(a) Failing to take proper precautions for the safety and wellbeing of the
plaintiff,
(b) That the defendants were negligent in the hiring, screening, training,
and supervising of its employees, agents, contractors, lessors and/or
lessees,
(c) Failing to adopt appropriate procedures for the protection of invitees
7 of 10
FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021
including the plaintiff,
(d) Negligence at law.
49. That the defeñdañts should have kñcwñ that its failure in such regards would cause
harm.
50. That by reason of the foragciñg, plaintiff has been damaged in an amount which
exceeds the jurisdicti0ñal limits of all lower courts that would otherwise have jurisdiction.
WHEREFORE, p|aintiff demands judgment against the defendants on the First
and Second Causes of Action together with interest and the costs and disbursements of
this action.
Dated: New York, New York
August 17, 2021
7hmA F. E;.ndex
Mark J. Linder, Esq.
HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
23d
3 Park Avenue, Floor, Suite 2300
New York, NY 10016
ACD
8 of 10
FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021
ATTORNEY'S VERIFICATIQh[
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
1, the undersigned, am an attorney admitted to practice in the Courts of New York
State, and say that:
I am the attomey of record or of counsel with the attorney(s) of record for the
plaintiff.
I have read the annexed SUMMONS AND VERIFIED COMPLAINT (AMENDED)
and know the contents thereof and the same are true to my knowledge, excépt those
matters therein which are stated to be alleged on information and belief. As to those
matters, I believe them to be true. My belief, as to those matters therein not stated upon
knowledge is based upon the following:
Interviews and/or discussions held with the plaintiff(s) and papers and/or documents
in the file.
The reason I make this affirmation instead of the plaintiff is because said plaintiff
resides outside of the county from where your depcñeñt maintains his office for the
practice of law.
Dated: New York, NY
August 17, 2021
Mark J. Linder, Esq.
9 of 10
FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021
Index No.: 603357/2019 Year: 2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
QUEENIE VIEUX,
Plaintiff(s),
-against-
COSTCO WHOLESALE CORPORATION and
CLUB DEMONSTRATION SERVICES, INC.,
Defendant(s).
._..__--_____----..-------------.-------------._______-
VERIFIED SUMMONS AND COMPLAINT (AMENDED)
__. ................--...---------- --------------------------- ---------- -----------
HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016
Tel: (212) 732-3665 Fax: (212) 732-1462
To:
Attorney(s) for
.............--..... ______________
Service of a Copy of the within is hereby Edmined.
Dated: -----------------
Attorneys for
_____ _____________________-- _____......--......._,---
PLEASE TAKE NOTICE:
NOTICE OF That the within is a (certified) true copy of a
ENTRY sidered in the office of the clerk of the within named Court on 20_____
NOTICE OF that an Order of which the within is a true copy will be preseñted for settlament to the
SETTLEMENT Hon. one of the Judges of the within named Court, on
20_, at M.
Dated:
HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016
Tel: (212) 732-3665 Fax: (212) 732-1462
10 of 10
Preview
FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK QUEENIE VIEUX, Plaintiff, AMENDED -against- VERIFIE_D COMPLAINT Index No.: 603357/2019 COSTCO WHOLESALE CORPORATION and CLUB DEMONSTRATION SERVICES, INC., Defendants. ...___________,-------------------- --------------- -----x Plaintiff complaining of the defêñdants herein, by her attorneys HARMON, LINDER & ROGOWSKY, respectfully sets forth and alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF 1. That at the time of the cominencement of this action plaintiff was a resident of the County of SUFFOLK and State of New York. 2. That defendant COSTCO WHOLESALE CORPORATION was and still is a foreign business corporation organized in Washingtõñ State and existing under and by virtue of the laws of the State of New York; said defendant is conducting business in the State of New York. 3. That defeñdant CLUB DEMONSTRATION SERVICES, INC. was and still is a foreign busiñêss corporation organized in Cüññécticut and existiñg under and by virtue of the laws of the State of New York; said defendant is conducting business in the State of New York. 4. That defendants deviated from the applicable standard of care with respect to the plaintiff causing the damages, losses and injuries set forth in this complaint. 1 of 10 FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021 5. That at all times herein menticñêd, the iccetion of the plaintiff's accident giving rise to this action was inside the Costco store on and upon the lands and premises !ocated at 625 Broad Hollow Road, Melville, in the County of Suffolk and State of New York. 6. That on September 28, 2020 at approximately 9:00 am the plaintiff herein was lawfully walking at said location and sustained injuries due to neg!!gent, dangerous and/or defective conditions. 7. That on October 27, 2018 at approximately 12:25 pm the plaintiff herein was lawfully walking at said !ocation and was caused to slip and fall due to condition(s) including but not limited to the followng: (1) defective floors; (2) water, slippery substances and/or foreigñ substances/debris on the floor; (3) absence of non-slip floor matting; (4) flooring materials that became excessively slippery when wet/substance covered; (5) presence of excessive wax and/or floor sealant; (6) flooring materials that were uneven, broken, cracked, dilapidated, etc. and/or (7) inadequate illuminatioñ and thereby sustaining severe injuries as hereinafter set forth, due to the negligence of the defendants herein. 8. The defendants, at all relevant times, and for many hours and days prior thereto, caused, created, al|õwëd and/or permitted the floors of said Iccation to remain in a dangerous condition. 9. The defendants knew or should have known of said dangercus conditions and should have taken action to correct said conditions. 10. The defendants, at the time of the accident, negligeñtly caused, created, allowed and/or permitted the floor to remain in said dangerous condition and failed to correct the condition. The defendañts had actual and constructive notice of the ccñdition on the day of the accident. 2 of 10 FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021 11. That defendant COSTCO WHOLESALE CORPORATION owñed OR leased said location. 12. That defendant COSTCO WHOLESALE CORPORATION operated said location. 13. That defendant COSTCO WHOLESALE CORPORATION mañaged said locaticñ. 14. That defendant COSTCO WHOLESALE CORPORATION maintained said location. 15. That defendant COSTCO WHOLESALE CORPORATION controlled said location. 16. That defêñdañt COSTCO WHOLESALE CORPORATION through its acts and/or omissions inadequate!y and/or improperly owned, operated, managed, maintained, and/or controlled said location. 17. That defendant COSTCO WHOLESALE CORPORATION through its acts and/or cmissions, negligently, carelessly, inadequately and/or improperly cleaned/repaired/iñspected and/or failed to clean/repair/inspect said locatioñ. 18. That defendant COSTCO WHOLESALE CORPORATION was hired or otherwise obligated to provide inspection, malñteñance, cleaning and/or general contractor services at said location. 19. That defendant COSTCO WHOLESALE CORPORATION had a duty to provide the services rendered in accordance with industry standards and in accordance with the specific demands for the conditions at said location. 20. That defendant COSTCO WHOLESALE CORPORATION failed to provide the services rendered in accordance with industry standards at said location. 21. That defendant COSTCO WHOLESALE CORPORATION failed to provide the services rendered in acccidance with the specific demands for the ccñditions at said location. 3 of 10 FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021 22. That defendant CLUB DEMONSTRATION SERVICES, INC. owned OR !eased said location. 23. That defendant CLUB DEMONSTRATION SERVICES, INC. opêiated said location. 24. That defendant CLUB DEMONSTRATION SERVICES, INC. managed said location. 25. That defendant CLUB DEMONSTRATION SERVICES, INC. maintained said location. 26. That defendant CLUB DEMONSTRATION SERVICES, INC. controlled said location. 27. That defendant CLUB DEMONSTRATION SERVICES, INC. through its acts and/or omissions inadequately and/or improperly owned, operated, managed, maintained, and/or controlled said location. 28. That defendant CLUB DEMONSTRATION SERVICES, INC. through its acts and/or omissions, negligently, carelessly, inadequately and/or improperly cleaned/repairedilñspected and/or failed to clean/repair/inspect said !ocation. 29. That defendant CLUB DEMONSTRATION SERVICES, INC. was hired or otherwise obligated to provide inspection, maintenance, cleaning and/or general contractor services at said location. 30. That defendant CLUB DEMONSTRATION SERVICES, INC. had a duty to provide the services rendered in accordance with industry standards and in accordance with the specific demands for the conditions at said location. 31. That defendant CLUB DEMONSTRATION SERVICES, INC. failed to provide the services rendered in accordance with industry standards at said !ocation. 4 of 10 FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021 32. That defendant CLUB DEMONSTRATION SERVICES, INC. failed to provide the services rendered in accordance with the specific demands for the conditions at said location. 33. That the defendants were at all times under a duty to keep said location in a safe, proper and secured manner to prevent injury to the plaintiff and others, in a condition free from dangerous conditions. 34. That defendants, their agents, servants and/or employees thorough their acts and/or ornissicñs were careless and ñêgligent in the ownership, operation and control of said location; in causing, allowing and/or permitting said location to become and remain in dangerous condition, uninairitained, ñegligent, improper and/or unsafe cõnd|tion; in failing to make proper, adequate, timely and necessary repairs; in causing, allowiñg and/or permitting said location to be and remain in a hazardous condition; in failing to make proper, timely and adequate inspection thereof; in failing to maintain the aforesaid premises in a proper manñêr; in the negligent and dangerous design, installation, maintenance and management of the aforesaid area; in failing to set up proper safeguards and/or barriers; in failing to warn persons lawfully traversing the area of the aforesaid dangerous and hazardous condition; in failing to have sufficient and adequate manpower; in failing to protect invitee of said area; in creating a nuisance or trap; in failing to provide and/or use proper equipment; in failing to correct a reoccurring dangercus condition; and in otherwise failing to use due care, caution and prudence on the premises. 35. That as a result of the foregoing, the plaintiff was caused to and did sustain severe and serious injuries and was required to seek and obtain rñédical care and attention in an 5 of 10 FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021 effort to cure and alleviate same and, upon information and belief will be compelled to do so in the future. 36. That this occurrence and the injuries sustained by the plaintiff were caused by the negligence of defêñdants, without any negligence on the part of the plaintiff contributing there to. 37. That this action falls within one or more of the exceptions set forth in Section 1602 of the CPLR. 38. That by reason of the foregoing, plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. 39. That defendant CLUB DEMONSTRATION SERVICES, INC. was hired by defendant COSTCO WHOLESALE CORPORATION to provide certain services at said location. 40. That defendant CLUB DEMONSTRATION SERVICES, INC. was hired by defendant COSTCO WHOLESALE CORPORATION to provide certain services at said location that include the demonstration and/or disbursements of foods and/or beverages at said location. 41. That defêñdant CLUB DEMONSTRATION SERVICES, INC. was hired by defendant COSTCO WHOLESALE CORPORATION to provide certain services at said samples" |Gcatioñ that include what is ccmmonly called "giving out of foods and/or beverages at said location. 42. That defendant CLUB DEMONSTRATION SERVICES, INC. was hired by defendant COSTCO WHOLESALE CORPORATION to provide certain services that serve to or help foster the sale of certain foods and/or beverages at said location. 6 of 10 FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021 43. That it is foreseeable the actions of defendant CLUB DEMONSTRATION SERVICES, INC. while providing certain services at said location that include what is samp|ês" commonly called "giving out of foods and/or beverages can lead to food and/or up" foreign substances falling, landing and/or "ending on the floor. 44. That defendant CLUB DEMONSTRATION SERVICES, INC. should be monitoring samples" and had a duty to be monitoring the surrounding area when it is "giving out of foods and/or beverages at said location. 45. That defendant CLUB DEMONSTRATION SERVICES, INC. failed to monitor the samples" surrounding area when it was "giving out of foods and/or beverages at said location at said date and time. 46. That defendant CLUB DEMONSTRATION SERVICES, INC. actions caused and/or contributed to the plaintiff's accident and the resulting injuries. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF "1" 47. Plaintiff repeats and re-aileges each and every allegation contained in paragraphs through "46", as if the same were fully hereinafter set forth at length. defendants' 48. That the conduct as earlier described was neg!!gent and careless in inter alia: (a) Failing to take proper precautions for the safety and wellbeing of the plaintiff, (b) That the defendants were negligent in the hiring, screening, training, and supervising of its employees, agents, contractors, lessors and/or lessees, (c) Failing to adopt appropriate procedures for the protection of invitees 7 of 10 FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021 including the plaintiff, (d) Negligence at law. 49. That the defeñdañts should have kñcwñ that its failure in such regards would cause harm. 50. That by reason of the foragciñg, plaintiff has been damaged in an amount which exceeds the jurisdicti0ñal limits of all lower courts that would otherwise have jurisdiction. WHEREFORE, p|aintiff demands judgment against the defendants on the First and Second Causes of Action together with interest and the costs and disbursements of this action. Dated: New York, New York August 17, 2021 7hmA F. E;.ndex Mark J. Linder, Esq. HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 23d 3 Park Avenue, Floor, Suite 2300 New York, NY 10016 ACD 8 of 10 FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021 ATTORNEY'S VERIFICATIQh[ STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) 1, the undersigned, am an attorney admitted to practice in the Courts of New York State, and say that: I am the attomey of record or of counsel with the attorney(s) of record for the plaintiff. I have read the annexed SUMMONS AND VERIFIED COMPLAINT (AMENDED) and know the contents thereof and the same are true to my knowledge, excépt those matters therein which are stated to be alleged on information and belief. As to those matters, I believe them to be true. My belief, as to those matters therein not stated upon knowledge is based upon the following: Interviews and/or discussions held with the plaintiff(s) and papers and/or documents in the file. The reason I make this affirmation instead of the plaintiff is because said plaintiff resides outside of the county from where your depcñeñt maintains his office for the practice of law. Dated: New York, NY August 17, 2021 Mark J. Linder, Esq. 9 of 10 FILED: SUFFOLK COUNTY CLERK 08/17/2021 01:21 PM INDEX NO. 603357/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/17/2021 Index No.: 603357/2019 Year: 2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK QUEENIE VIEUX, Plaintiff(s), -against- COSTCO WHOLESALE CORPORATION and CLUB DEMONSTRATION SERVICES, INC., Defendant(s). ._..__--_____----..-------------.-------------._______- VERIFIED SUMMONS AND COMPLAINT (AMENDED) __. ................--...---------- --------------------------- ---------- ----------- HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, NY 10016 Tel: (212) 732-3665 Fax: (212) 732-1462 To: Attorney(s) for .............--..... ______________ Service of a Copy of the within is hereby Edmined. Dated: ----------------- Attorneys for _____ _____________________-- _____......--......._,--- PLEASE TAKE NOTICE: NOTICE OF That the within is a (certified) true copy of a ENTRY sidered in the office of the clerk of the within named Court on 20_____ NOTICE OF that an Order of which the within is a true copy will be preseñted for settlament to the SETTLEMENT Hon. one of the Judges of the within named Court, on 20_, at M. Dated: HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, NY 10016 Tel: (212) 732-3665 Fax: (212) 732-1462 10 of 10