Preview
FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022
FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022
ff 66 0 ÉG/FÉ6 c 005GictJ,
3060 E. Tremont Avenue
Bronx, NY 10461
315"522"3285
Fax 718"954"9358
Dalia Ramos
PARALEGAL
FRANK A. ROSS JustinPuderbach
PETER GRAFF OrricE MANAGER
May 4, 2022
VIA CERTIFIED MAIL (7021 2720 0001 3510 6557)
AND REGULAR MAIL
105th
CDC East street nealty, L.P.
1140 Broadway, Suite 904
New York, New York 10029
Re: Sarah Rodriguez v CDC East 105th Street Realty, L.P.
S/Bx Index·No.: 30287/2017E
Dear Sirs:
You were served with a summons and complaint on November 30, 2017.
Service was complete on November 30, 2017. COPIES OF THE E-FILED SUMMONS,
COMPLAINT AND AFFIDAVIT OF SERVICE ARE ENCLOSED.
Your last date to answer was December 30, 2017. No extension of time to
answer has ever been requested nor has any answer been served on your behalf.
You are now very seriously in default answering.
To avoid the necessity of motion practice seeking a default judgment,
please forward an Answer to our office immediately.
Very truly yours,
Charles E. Finelli
CEF/dr
Enclosures
FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022
IaDaxmo. 3o287/2ous
FILED: BRONX COUNTY CLERK 10/30/2017 04:03 Ñ|
NYSCEF DOC. NO. 1 RECEIVED NYSCEE: 10/30/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF 3RONX
Filed:
SARAH RODRIGUEZ, INDEX NO.
Plaintiff,
Plaintif f
-a gainst- designates Bronx
County as the place
CDC EAST 105TH STREET REALTY, L.P. and of trial.
CDC 111tn STREET REALTY, L.P. ,
Defendants. S U M M O N S
The basis of venue
is Plaintiff's
residence:
.321 Howe Avenue
Bronx, New York
To the above named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this
action and to serve a copy of your answer on the plaintiff's
attorney within 20 days after the service of this summons,
exclusive of the day of service of this summons, or within 30
days after service of this summons is complete if this summons is
not personally delivered to you within the State of New York.
In case of your failure to answer this summons, a judgment
by default will be taken against you for the relief demanded in
the complaint, together with the costs of this action.
Dated: Bronx, New York
October 30, 2017
CHARLES E. FINELLI
Attorneys for Plaintiff
1406-08 Zerega Avenue
Bronx, New York 10462
(718) 822-8020
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CDC EAST 105TH STREET REALTY, L.P.
100 West 23rd Street, 4th floor
New York, New York 10011
CDC 111TH STREET REALTY, L.P.
100 West 23rd Street, 4th floor
New York, New York 10011
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INDEX NO. 30287/2017E
(FILED: BRONX COUNTY CLERK 10/30/2017 04:03 PM)
NYScEP DOC. NO. 1 RECEIVED NYSCEF: 10/30/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
INDEX NO.
SARAH RODRIGUEZ,
Plaintiff,
COMPLAINT
-against-
CDC EAST 105TH STREET REALTY, L.P. and
CDC 111th STREET REALTY, L.P.,
Defendants.
Plaintiff, by her attorney, CHARLES E. FINELLI, as and for
her Complaint, respectfully alleges, .upon information and belief:
1. Plaintiff SARAH RODRIGUEZ, at all times herein mentioned,
was and still is a resident of the County of Bronx and the State
of New York.
2. Defendant CDC EAST 105TH STREET REALTY, L.P., at all
times herein mentioned, was and still is a corporation organized
and existing under the laws of the State of New York, with its
principal place of business situated in the County of New York
and the State of New York.
3. Defendant CDC EAST 105TH STREET REALTY, L.P., at all
times herein mentioned, was and still is a foreign corporation
duly licensed and authorized to do business in the State of New
York.
4. Defendant CDC EAST 105TH STREET REALTY, L.P., at all
times herein mentioned, conducted and carried on business in the
County of New York and the State of New York.
5. Defendant CDC EAST 105TH STREET REALTY, L.P., at all
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times herein mentioned, was and still is a partnership doing
business in the County of New York and the State of New York.
6. Defendant CDC EAST 105TH STREET REALTY, L. P., at all
times herein mentioned, was and still is a limited liability
partnership doing business in the County of New York and the
State of New York.
7. Defendant CDC EAST 105TH STREET REALTY, L.P., at all
times herein mentioned, was and still is a limited liability
corporation doing business in the County of New York and the
State of New York.
8. Defendant CDC EAST 105TH STREET REALTY, L.P., at all
times herein mentioned, was and still is a sole proprietorship
doing business in the County of New York and the State of New
York.
9. At all times herein mentioned, defendant CDC EAST 105TH
STREET REALTY, L.P. transacted business within the State of New
York.
10. At all times herein mentioned, defendant CDC EAST 105TH
STREET REALTY, L.P. derived substantial revenue from goods used
or consumed or services rendered in the State of New York.
11. At all times herein mentioned, defendant CDC EAST 105TH
STREET REALTY, L.P. expected or should reasonably have expected
its acts to have consequences in the State of New York.
12. At all times herein mentioned, defendant CDC EAST 105TH
STREET REALTY, L.P. derived substantial revenue from interstate
2
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or international commerce.
13. Defendant CDC 111TH STREET REALTY, L.P., at all times
herein mentioned, was and still is a corporation organized and
existing under the laws of the State of New York, with its
principal place of business situated in the County of New York
and the State of New York.
14. Defendant CDC 111TH STREET REALTY, L.P., at all times
herein mentioned, was and still is a foreign corporation duly
licensed and authorized to do business in the State of New York.
15. Defendant CDC 111TH STREET REALTY, L.P., at all times
herein mentioned, conducted and carried on business in the County
of New York and the State of New York.
16. Defendant CDC 111TH STREET REALTY, L.P., at all times
herein mentioned, was and still is a partnership doing business
in the County of New York and the State of New York.
17. Defendant CDC 111TH STREET REALTY, L.P., at all times
herein mentioned, was and still is a limited liability
partnership doing business in the County of New York and the
State of New York.
18. Defendant CDC lilTH STREET REALTY, L.P., at all times
herein mentioned, was and still is a limited liability
corporation doing business in the County of New York and the
State of New York.
19. Defendant CDC 111TH STREET REALTY, L.P., at all times
herein mentioned, was and still is a sole proprietorship doing
3
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business in the County of New York and the State of New York.
20. At all times herein mentioned, defendant CDC 111TH
STREET REALTY, L.P. transacted business within the State of New
York.
21. At all times herein mentioned, defendant CDC 111TH
STREET REALTY, L.P. derived substantial revenue from goods used
or consumed or services rendered in the State of New York.
22. At all times herein mentioned, defendant CDC 111TH
STREET REALTY, L.P. expected or should reasonably have expected
its acts to have consequences in the State of New York.
23. At all times herein mentioned, defendant CDC 111TH
STREET REALTY, L.P. derived substantial revenue from interstate
or international commerce.
24. At all times herein mentioned, plaintiff SARAH RODRIGUEZ
was lawfully upon defendant's premises.
25. At all times herein mentioned, the premises located at
2018 3rd Avenue a/k/a 188 East 111th Street, County of New York,
City and State of New York was a multiple dwelling as defined by
the Multiple Dwelling Law of the State of New York.
26. At all times herein mentioned, the premises located at
2018 3rd Avenue a/k/a 188 East 111th Street, County of New York,
City and State of New York was occupied as the residence of at
least three families living independently of one another.
27. At all times herein mentioned, defendant CDC EAST 105TH
STREET REALTY, L.P. owned the premises located at 2018 3rd Avenue
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a/k/a 188 East 111th Street, of New York, City and State
County
of New York.
28. At all times herein mentioned, defendant CDC EAST 105TH
STREET REALTY, L.P. was one of the owners of the premises located
at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New
York, City and State of New York.
29, At all times herein mentioned, defendant CDC EAST 105TH
STREET REALTY, L.P. was a lessee of the premises located at 2018
3rd Avenue a/k/a 188 East 111th Street, County of New York, City
and State of New York.
30. At all times herein mentioned, defendant CDC EAST 105TH
STREET REALTY, L.P., defendant's servants, agents and/or
employees operated the premises located at 2018 3rd Avenue a/k/a
188 East 111th Street, County of New York, City and State of New
York.
31. At all times herein mentioned, defendant CDC EAST 105TH
STREET REALTY, L.P., defendant's servants, agents and/or
employees maintained the premises located at 2018 3rd Avenue
a/k/a 188 East 111th Street, county of New York, City and State
of New York. .
32. At all times herein mentioned, defendant CDC EAST 105TH
STREET REALTY, L.P., defendant's servants, agents and/or
employees managed the premises located at 2018 3rd Avenue a/k/a
188 East 111th Street, County of New York, City and State of New
York.
5
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FIUEp: BRONX COUNTY CLERK 10/30/2017 04:03 PM/
NYSCEF DOC. NO. 1 RECErn:D NYSCEF: 10/30/2017
33. At all times herein mentioned, defendant CDC EAST 105TH
STREET REALTY, L.P., defendant's servants, agents and/or
employees controlled the premises located at 2018 3rd Avenue
a/k/a 188 East 111th Street, County of New York, City and State
of New York.
34. At all times herein mentioned, defendant CDC EAST 105TH
STREET REALTY, L.P., defendant's servants, agents and/or
employees supervised the premises located at 2018 3rd Avenue
a/k/a 188 East 111th Street, County of New York, City and State
of New York.
35. On or before April 15, 2015, defendant CDC EAST 105TH
STREET REALTY, L.P., defendant's servants, agents and/or
employees repaired the premises located at 2018 3rd Avenue a/k/a
188 East 111th Street, County of New York, City and State of New
York.
36. On or before April 15, 2015, defendant CDC EAST 105TH
STREET REALTY, L.P., defendant's servants, agents and/or
employees inspected the premises located at 2018 3rd Avenue a/k/a
188 East 111th Street, County of New York, City and State of New
York.
37. On or before April 15, 2015, defendant CDC EAST 105TH
STREET REALTY, L.P., defendant's servants, agents and/or
employees constructed the premises located at 2018 3rd Avenue
a/k/a 188 East 111th Street, County of New York, City and State
of New York.
6
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38. On or before April 15, 2015, defendant CDC EAST 105TH
STREET REALTY, L.P., defendant's servants, agents and/or
employees designed the premises located at 2018 3rd Avenue a/k/a
188 East 111th Street, County of New York, City and State of New
York,
39. At all times herein mentioned, it was the duty of
defendant CDC EAST 105TH STREET REALTY, L.P., defendant's
servants, agents and/or employees to maintain said premises
located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of
New York, City and State of New. York, in a reasonably safe and
suitable condition and in good repair.
40. At all times herein mentioned, defendant CDC 111TH
STREET REALTY, L.P. owned the premises located at 2018 3rd Avenue
a/k/a 188 East 111th Street, County of New York, City and State
of New York.
41. At all times herein mentioned, defendant CDC 111TH
STREET REALTY, L.P. was one of the owners of the premises located
at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New
York, City and State of New York.
42. At all times herein mentioned, defendant CDC 111TH
STREET REALTY, L.P. was a lessee of the premises located at 2018
3rd Avenue a/k/a 188 East 111th Street, County of New York, City
and State of New York.
43. At all times herein mentioned, defendant CDC 111TH
STREET REALTY, L.P., defendant's servants, agents and/or
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employees operated the premises located at 2018 3rd Avenue a/k/a
188 East 111th Street, County of New York, City and State of New
York.
44. At all times herein mentioned, defendant CDC 111TH
STREET REALTY, L.P., defendant's servants, agents and/or
employees maintained the premises located at 2018 3rd Avenue
a/k/a 188 East 111th Street, County of New York, City and State
of New York.
45. At all times herein mentioned, defendant CDC 111TH
STREET BEALTY, L.E., defendant's servants, agents and/or
employees managed the premises located at 2018 3rd Avenue a/k/a
188 East 111th Street, County of New York, City and State of New
York.
46. At all times herein mentioned, defendant CDC 111TH
STREET REALTY, L.P., defendant's servants, agents and/or
employees controlled the premises located at 2018 3rd Avenue
a/k/a 188 East 111th Street, County of New York, City and State
of New York.
4-7. At all times herein mentioned, defendant CDC 111TH
STREET REALTY, L.P., defendant's servants, agents and/or
employees supervised the premises located at 2018 3rd Avenue
a/k/a 188 East 111th Street, County of New York, City and State
of New York.
48. On or before April 15, 2015, defendant CDC 111TE STREET
REALTY, L.P., defendant's servants, agents and/or employees
8
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LESCEF DOC. NO. 1 RECETVED NYSCEF: 10/30/2017
repaired the premises located at 2018 3rd Avenue a/k/a 188 East
111th Street, County of New York, City and State of New York.
49. On or before April 15, 2015, defendant CDC 111TH STREET
REALTY, L. P., defendant's servants, agents and/or employees
inspected the premises located at 2018 3rd Avenue a/k/a 188 East
111th Street, County of New York, City and State of New York.
50. On or before April 15, 2015, defendant CDC 111TH STREET
REALTY, L. P., defendant's servants, agents and/or employees
constructed the premises located at 2018 3rd Avenue a/k/a 188
East 111th Street, County of New York, City and State of New
York.
51. On or before April 15, 2015, defendant CDC 111TH STREET
REALTY, L. P., defendant's servants, agents and/or employees
designed the premises located at 2018 3rd Avenue a/k/a 188 Sast
111th Street, County of New York, City and State of New York.
52. At all times herein mentioned, it was the duty of
defendant CDC 111TH STREET REALTY, L.P., defendant's servants,
agents and/or employees to maintain said premises located at 2018
3rd Avenue a/k/a 188 East 111th Street, County of New York, City
and State of New York, in a reasonably safe and suitable
condition and in good repair.
53. result defendants'
Solely as a of negligence,
carelessness and recklessness, plaintiff was caused to suffer
severe and serious personal injuries to mind and body, and
further, plaintiff was subjected to great physical pain and
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FILÈI BRONX COUNTY CLERK 10/30/2017 04:03 PM|
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mental anguish.
54. The aforesaid occurrence was caused by the negligence of
defendants, without any culpable conduct on the part of
plaintiff.
55, By reason of the foregoing, plaintiff was severely
injured and damaged, sustained severe nervous shock and mental
anguish, great physical pain and emotional upset, some of which
injuries are believed to be permanent in nature and duration, and
plaintiff will be permanently caused to suffer pain,
inconvenience and other effects of such injuries; plaintiff
incurred and in the future will necessarily incur further
hospital and/or medical expenses in an effort to be cured of said
injuries; and plaintiff will be unable to pursue plaintiff's
usual duties with the same degree of efficiency as prior to this
accident, all to plaintiff's great damage.
56. This action falls within one or more of the exceptions
set forth in Section 1602 of the Civil Practice Law and Rules.
S7. Due to defendant's negligence, plaintiff is entitled to
damages.
WHEREFORE, plaintiff demands judgment
awarding damages, in an amount exceeding the monetary
jurisdictional limits of all lower courts which would otherwise
have jurisdiction, together with interest and the costs and
disbursements of this action, and such·other and further relief
as to this Court seems just and proper.
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Dated: Bronx, New York
October 30, 2017
CHARLkfrE. FINELLI
Attorneys for Plaintiff
1406-08 Zerega Avenue
Bronx, New York 10462
(718) 822-8020
11
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
Index No.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SARAM RODRIGUEZ,
Plaintiff,
-against-
CDC EAST 105TH STREET REALTY, L.P. and CDC 111TH STREET REALTY,
L.P.,
Defendants .
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - -
SUMMONS and COMPLAINT
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - -
CHARLES E. FINELLI
Attorneys for Plaintiff
1406-08 Zerega Avenue
Bronx, New York 10462
(718) 822-8020
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IFILED: BRONX INDEX NO. 3 028 7 / 2 017E
COUNTY CLERK 12/11/2017 12:20 PM)
U I Mk b IA I E UF
NEW YUHK Xuorney: CH
12/11/2017
SARAH RODRIGUEZ The papers served borethe index # and
date of filing.
PW)S)
Index# 30287/2017E
- against
-
Purchased October 30, 2017
CDC EAST 105TH STREET REALTY, L.P.,ETANO
Defendant(s)
AFFIDAVIT OF SERVICE
STATE OF NEW YORK: COUNTY OF NEW YORK ss:
STEVEN C. AVERY BEING DULY SWORN DEPOSES AND SAYS DEPONENT IS NOT A PARTY TO THIS ACTION, OVER THE
AGE OF EIGHTEEN YEARS AND RESIDES IN THE STATE OF NEW YORK.
That on November 30, 2017 at 10:30 AM at
SECRETARY OF STATE
ALBANY. NY
deponent served the within SUMMONSAND COMPLAINT WITH NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO
MANDATORY ELECTRONIC FILINGon CDC EAST 10STH STREET REALTY, L.P. therein named,
SECRETARY a DomesticLIMITED PARTNERSHIP two true copies to NANCY DOUGERTY,
by delivering LEGAL CLERK
OF STATE deponent
personally, knew said LIMITED PARTNERSHIP LIMITED PARTNERSHIP
so served to be the described
in said sumrnons to accept thereof.
and knew said individual to be AUTHORIZED
as said Defendant
Serviceupon the N.Y.S. Secretary
of State under SECTION
121-109 OF THE REVISED LIMITED PARTNERSHIP ACT and tendering
the required
fee.
Deponent further the person actually served as follows:
states that he describes
Sex Skin Color Hair Color Age (Approx.) Height (Approx.) Weight (Approx)
FEMALE WHITE BROWN 55 5'4 145
Sworn to n: D mber6-2017
JOSEPH K IGh' RALPHJ MULLEN VINETTA BREWER
Notary P . Stato New York
Preview
FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 ff 66 0 ÉG/FÉ6 c 005GictJ, 3060 E. Tremont Avenue Bronx, NY 10461 315"522"3285 Fax 718"954"9358 Dalia Ramos PARALEGAL FRANK A. ROSS JustinPuderbach PETER GRAFF OrricE MANAGER May 4, 2022 VIA CERTIFIED MAIL (7021 2720 0001 3510 6557) AND REGULAR MAIL 105th CDC East street nealty, L.P. 1140 Broadway, Suite 904 New York, New York 10029 Re: Sarah Rodriguez v CDC East 105th Street Realty, L.P. S/Bx Index·No.: 30287/2017E Dear Sirs: You were served with a summons and complaint on November 30, 2017. Service was complete on November 30, 2017. COPIES OF THE E-FILED SUMMONS, COMPLAINT AND AFFIDAVIT OF SERVICE ARE ENCLOSED. Your last date to answer was December 30, 2017. No extension of time to answer has ever been requested nor has any answer been served on your behalf. You are now very seriously in default answering. To avoid the necessity of motion practice seeking a default judgment, please forward an Answer to our office immediately. Very truly yours, Charles E. Finelli CEF/dr Enclosures FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 IaDaxmo. 3o287/2ous FILED: BRONX COUNTY CLERK 10/30/2017 04:03 Ñ| NYSCEF DOC. NO. 1 RECEIVED NYSCEE: 10/30/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF 3RONX Filed: SARAH RODRIGUEZ, INDEX NO. Plaintiff, Plaintif f -a gainst- designates Bronx County as the place CDC EAST 105TH STREET REALTY, L.P. and of trial. CDC 111tn STREET REALTY, L.P. , Defendants. S U M M O N S The basis of venue is Plaintiff's residence: .321 Howe Avenue Bronx, New York To the above named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff's attorney within 20 days after the service of this summons, exclusive of the day of service of this summons, or within 30 days after service of this summons is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer this summons, a judgment by default will be taken against you for the relief demanded in the complaint, together with the costs of this action. Dated: Bronx, New York October 30, 2017 CHARLES E. FINELLI Attorneys for Plaintiff 1406-08 Zerega Avenue Bronx, New York 10462 (718) 822-8020 1 of 14 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 INDEX NO. 30287/2017E |FILED: BRONX COUNTY CLERK 10/30/2017 04:03 PÑ| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2017 CDC EAST 105TH STREET REALTY, L.P. 100 West 23rd Street, 4th floor New York, New York 10011 CDC 111TH STREET REALTY, L.P. 100 West 23rd Street, 4th floor New York, New York 10011 2 of 14 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 INDEX NO. 30287/2017E (FILED: BRONX COUNTY CLERK 10/30/2017 04:03 PM) NYScEP DOC. NO. 1 RECEIVED NYSCEF: 10/30/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX INDEX NO. SARAH RODRIGUEZ, Plaintiff, COMPLAINT -against- CDC EAST 105TH STREET REALTY, L.P. and CDC 111th STREET REALTY, L.P., Defendants. Plaintiff, by her attorney, CHARLES E. FINELLI, as and for her Complaint, respectfully alleges, .upon information and belief: 1. Plaintiff SARAH RODRIGUEZ, at all times herein mentioned, was and still is a resident of the County of Bronx and the State of New York. 2. Defendant CDC EAST 105TH STREET REALTY, L.P., at all times herein mentioned, was and still is a corporation organized and existing under the laws of the State of New York, with its principal place of business situated in the County of New York and the State of New York. 3. Defendant CDC EAST 105TH STREET REALTY, L.P., at all times herein mentioned, was and still is a foreign corporation duly licensed and authorized to do business in the State of New York. 4. Defendant CDC EAST 105TH STREET REALTY, L.P., at all times herein mentioned, conducted and carried on business in the County of New York and the State of New York. 5. Defendant CDC EAST 105TH STREET REALTY, L.P., at all 3 of 14 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 INDSX NO. 30287/2017E FILED: BRONX COUNTY CLERK 10/30/2017 04:03 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2017 times herein mentioned, was and still is a partnership doing business in the County of New York and the State of New York. 6. Defendant CDC EAST 105TH STREET REALTY, L. P., at all times herein mentioned, was and still is a limited liability partnership doing business in the County of New York and the State of New York. 7. Defendant CDC EAST 105TH STREET REALTY, L.P., at all times herein mentioned, was and still is a limited liability corporation doing business in the County of New York and the State of New York. 8. Defendant CDC EAST 105TH STREET REALTY, L.P., at all times herein mentioned, was and still is a sole proprietorship doing business in the County of New York and the State of New York. 9. At all times herein mentioned, defendant CDC EAST 105TH STREET REALTY, L.P. transacted business within the State of New York. 10. At all times herein mentioned, defendant CDC EAST 105TH STREET REALTY, L.P. derived substantial revenue from goods used or consumed or services rendered in the State of New York. 11. At all times herein mentioned, defendant CDC EAST 105TH STREET REALTY, L.P. expected or should reasonably have expected its acts to have consequences in the State of New York. 12. At all times herein mentioned, defendant CDC EAST 105TH STREET REALTY, L.P. derived substantial revenue from interstate 2 4 of 14 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 INDEX NO. 30287/2017E |FILED: BRONX COUNTY CLERK 10/30/2017 04:03 PH| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2017 or international commerce. 13. Defendant CDC 111TH STREET REALTY, L.P., at all times herein mentioned, was and still is a corporation organized and existing under the laws of the State of New York, with its principal place of business situated in the County of New York and the State of New York. 14. Defendant CDC 111TH STREET REALTY, L.P., at all times herein mentioned, was and still is a foreign corporation duly licensed and authorized to do business in the State of New York. 15. Defendant CDC 111TH STREET REALTY, L.P., at all times herein mentioned, conducted and carried on business in the County of New York and the State of New York. 16. Defendant CDC 111TH STREET REALTY, L.P., at all times herein mentioned, was and still is a partnership doing business in the County of New York and the State of New York. 17. Defendant CDC 111TH STREET REALTY, L.P., at all times herein mentioned, was and still is a limited liability partnership doing business in the County of New York and the State of New York. 18. Defendant CDC lilTH STREET REALTY, L.P., at all times herein mentioned, was and still is a limited liability corporation doing business in the County of New York and the State of New York. 19. Defendant CDC 111TH STREET REALTY, L.P., at all times herein mentioned, was and still is a sole proprietorship doing 3 5 of 14 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 MOEX NO. 30287/2017E FILED: BRONX COUNTY CLERK 10/30/2017 04:03 PÑ| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2017 business in the County of New York and the State of New York. 20. At all times herein mentioned, defendant CDC 111TH STREET REALTY, L.P. transacted business within the State of New York. 21. At all times herein mentioned, defendant CDC 111TH STREET REALTY, L.P. derived substantial revenue from goods used or consumed or services rendered in the State of New York. 22. At all times herein mentioned, defendant CDC 111TH STREET REALTY, L.P. expected or should reasonably have expected its acts to have consequences in the State of New York. 23. At all times herein mentioned, defendant CDC 111TH STREET REALTY, L.P. derived substantial revenue from interstate or international commerce. 24. At all times herein mentioned, plaintiff SARAH RODRIGUEZ was lawfully upon defendant's premises. 25. At all times herein mentioned, the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York was a multiple dwelling as defined by the Multiple Dwelling Law of the State of New York. 26. At all times herein mentioned, the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York was occupied as the residence of at least three families living independently of one another. 27. At all times herein mentioned, defendant CDC EAST 105TH STREET REALTY, L.P. owned the premises located at 2018 3rd Avenue 6 of 14 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 INDEX NO. 30287/2017E FILED: BRONX COUNTY CLERK 10/30/2017 04:03 PM| BUSCEF DOC. NO. 1 RECEIVED tWSCEF: 10/30/2017 a/k/a 188 East 111th Street, of New York, City and State County of New York. 28. At all times herein mentioned, defendant CDC EAST 105TH STREET REALTY, L.P. was one of the owners of the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 29, At all times herein mentioned, defendant CDC EAST 105TH STREET REALTY, L.P. was a lessee of the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 30. At all times herein mentioned, defendant CDC EAST 105TH STREET REALTY, L.P., defendant's servants, agents and/or employees operated the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 31. At all times herein mentioned, defendant CDC EAST 105TH STREET REALTY, L.P., defendant's servants, agents and/or employees maintained the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, county of New York, City and State of New York. . 32. At all times herein mentioned, defendant CDC EAST 105TH STREET REALTY, L.P., defendant's servants, agents and/or employees managed the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 5 7 of 14 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 INDEX NO. 30287/2017E FIUEp: BRONX COUNTY CLERK 10/30/2017 04:03 PM/ NYSCEF DOC. NO. 1 RECErn:D NYSCEF: 10/30/2017 33. At all times herein mentioned, defendant CDC EAST 105TH STREET REALTY, L.P., defendant's servants, agents and/or employees controlled the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 34. At all times herein mentioned, defendant CDC EAST 105TH STREET REALTY, L.P., defendant's servants, agents and/or employees supervised the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 35. On or before April 15, 2015, defendant CDC EAST 105TH STREET REALTY, L.P., defendant's servants, agents and/or employees repaired the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 36. On or before April 15, 2015, defendant CDC EAST 105TH STREET REALTY, L.P., defendant's servants, agents and/or employees inspected the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 37. On or before April 15, 2015, defendant CDC EAST 105TH STREET REALTY, L.P., defendant's servants, agents and/or employees constructed the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 6 8 of 14 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 INDEX NO. 30287/2017E FILED: BRONX COUNTY CLERK 10/30/2017 04:03 PM| NYSCEF DOC. NO. 1 RECEIVED bNSCEF: 10/30/2017 38. On or before April 15, 2015, defendant CDC EAST 105TH STREET REALTY, L.P., defendant's servants, agents and/or employees designed the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York, 39. At all times herein mentioned, it was the duty of defendant CDC EAST 105TH STREET REALTY, L.P., defendant's servants, agents and/or employees to maintain said premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New. York, in a reasonably safe and suitable condition and in good repair. 40. At all times herein mentioned, defendant CDC 111TH STREET REALTY, L.P. owned the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 41. At all times herein mentioned, defendant CDC 111TH STREET REALTY, L.P. was one of the owners of the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 42. At all times herein mentioned, defendant CDC 111TH STREET REALTY, L.P. was a lessee of the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 43. At all times herein mentioned, defendant CDC 111TH STREET REALTY, L.P., defendant's servants, agents and/or 7 9 of 14 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 INDBX NO. 30287/2017E IFILED: BRONX COUNTY CLERK 10/30/2017 04:03 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2017 employees operated the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 44. At all times herein mentioned, defendant CDC 111TH STREET REALTY, L.P., defendant's servants, agents and/or employees maintained the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 45. At all times herein mentioned, defendant CDC 111TH STREET BEALTY, L.E., defendant's servants, agents and/or employees managed the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 46. At all times herein mentioned, defendant CDC 111TH STREET REALTY, L.P., defendant's servants, agents and/or employees controlled the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 4-7. At all times herein mentioned, defendant CDC 111TH STREET REALTY, L.P., defendant's servants, agents and/or employees supervised the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 48. On or before April 15, 2015, defendant CDC 111TE STREET REALTY, L.P., defendant's servants, agents and/or employees 8 10 of 14 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 INDEX NO. 30287/2017E FILED: BRONX COUNTY CLERK 10/30/2017 04:03 PM) LESCEF DOC. NO. 1 RECETVED NYSCEF: 10/30/2017 repaired the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 49. On or before April 15, 2015, defendant CDC 111TH STREET REALTY, L. P., defendant's servants, agents and/or employees inspected the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 50. On or before April 15, 2015, defendant CDC 111TH STREET REALTY, L. P., defendant's servants, agents and/or employees constructed the premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York. 51. On or before April 15, 2015, defendant CDC 111TH STREET REALTY, L. P., defendant's servants, agents and/or employees designed the premises located at 2018 3rd Avenue a/k/a 188 Sast 111th Street, County of New York, City and State of New York. 52. At all times herein mentioned, it was the duty of defendant CDC 111TH STREET REALTY, L.P., defendant's servants, agents and/or employees to maintain said premises located at 2018 3rd Avenue a/k/a 188 East 111th Street, County of New York, City and State of New York, in a reasonably safe and suitable condition and in good repair. 53. result defendants' Solely as a of negligence, carelessness and recklessness, plaintiff was caused to suffer severe and serious personal injuries to mind and body, and further, plaintiff was subjected to great physical pain and 9 11 of 14 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 INDEX No. 30287 /2017E FILÈI BRONX COUNTY CLERK 10/30/2017 04:03 PM| DEScEF DOc. NO. 1 RECEIVBD tarscEF:10/30/2017 mental anguish. 54. The aforesaid occurrence was caused by the negligence of defendants, without any culpable conduct on the part of plaintiff. 55, By reason of the foregoing, plaintiff was severely injured and damaged, sustained severe nervous shock and mental anguish, great physical pain and emotional upset, some of which injuries are believed to be permanent in nature and duration, and plaintiff will be permanently caused to suffer pain, inconvenience and other effects of such injuries; plaintiff incurred and in the future will necessarily incur further hospital and/or medical expenses in an effort to be cured of said injuries; and plaintiff will be unable to pursue plaintiff's usual duties with the same degree of efficiency as prior to this accident, all to plaintiff's great damage. 56. This action falls within one or more of the exceptions set forth in Section 1602 of the Civil Practice Law and Rules. S7. Due to defendant's negligence, plaintiff is entitled to damages. WHEREFORE, plaintiff demands judgment awarding damages, in an amount exceeding the monetary jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with interest and the costs and disbursements of this action, and such·other and further relief as to this Court seems just and proper. 10 12 of 14 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 INDEX NO. 30287/2017E FILED: BRONX COUNTY CLERK 10/30/2017 04:_03 PM| NYSCEF DOC, NO , 1 RECEIVED NYSCEF: 10/30/2017 Dated: Bronx, New York October 30, 2017 CHARLkfrE. FINELLI Attorneys for Plaintiff 1406-08 Zerega Avenue Bronx, New York 10462 (718) 822-8020 11 13 of 14 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 INDEX NO. 30287/2017E FI LÈD: BRONX COUNTY CLERK 10/30/2017 04:03 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/30/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Index No. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SARAM RODRIGUEZ, Plaintiff, -against- CDC EAST 105TH STREET REALTY, L.P. and CDC 111TH STREET REALTY, L.P., Defendants . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SUMMONS and COMPLAINT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CHARLES E. FINELLI Attorneys for Plaintiff 1406-08 Zerega Avenue Bronx, New York 10462 (718) 822-8020 14 of 14 FILED: BRONX COUNTY CLERK 05/20/2022 10:49 AM INDEX NO. 30287/2017E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/20/2022 IFILED: BRONX INDEX NO. 3 028 7 / 2 017E COUNTY CLERK 12/11/2017 12:20 PM) U I Mk b IA I E UF NEW YUHK Xuorney: CH 12/11/2017 SARAH RODRIGUEZ The papers served borethe index # and date of filing. PW)S) Index# 30287/2017E - against - Purchased October 30, 2017 CDC EAST 105TH STREET REALTY, L.P.,ETANO Defendant(s) AFFIDAVIT OF SERVICE STATE OF NEW YORK: COUNTY OF NEW YORK ss: STEVEN C. AVERY BEING DULY SWORN DEPOSES AND SAYS DEPONENT IS NOT A PARTY TO THIS ACTION, OVER THE AGE OF EIGHTEEN YEARS AND RESIDES IN THE STATE OF NEW YORK. That on November 30, 2017 at 10:30 AM at SECRETARY OF STATE ALBANY. NY deponent served the within SUMMONSAND COMPLAINT WITH NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILINGon CDC EAST 10STH STREET REALTY, L.P. therein named, SECRETARY a DomesticLIMITED PARTNERSHIP two true copies to NANCY DOUGERTY, by delivering LEGAL CLERK OF STATE deponent personally, knew said LIMITED PARTNERSHIP LIMITED PARTNERSHIP so served to be the described in said sumrnons to accept thereof. and knew said individual to be AUTHORIZED as said Defendant Serviceupon the N.Y.S. Secretary of State under SECTION 121-109 OF THE REVISED LIMITED PARTNERSHIP ACT and tendering the required fee. Deponent further the person actually served as follows: states that he describes Sex Skin Color Hair Color Age (Approx.) Height (Approx.) Weight (Approx) FEMALE WHITE BROWN 55 5'4 145 Sworn to n: D mber6-2017 JOSEPH K IGh' RALPHJ MULLEN VINETTA BREWER Notary P . Stato New York