Preview
FILED: KINGS COUNTY CLERK 03/17/2022 03:13 PM INDEX NO. 504481/2021
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/17/2022
xhibit
¼"
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NYSCEF DOC. NO. 1
38 RECEIVED NYSCEF: 02/24/2021
03/17/2022
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS
--------------------------- -------- -------------X Date Purchased:
LALITA CREWS,
SUMMONS
Plaintiff,
Plaintiff designates Kings County
- against -
as the place of trial.
JAM SERVICES AND REPAIRS LLC, The basis of venue is:
JOSE M. NINA BONILLA, QSR EAST LLC, CPLR 503(a): where
§ county
1040 KFC LLC and KFC CORPORATION, accident occurred
Defendants· Plaintiff resides at:
.------ ------------------------------------------------X 89 Hart Street
Brooklyn NY 11206
County of Kings
To the above named Defendants:
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 this summons, to serve a notice of appearance
on the Plaintiffs attorneys within twenty (20) days after the service of this summons, exclusive of
the day of service, where service is made by delivery upon you personally within the state, or within
thirty (30) days after completion of service where service is made in any other manner. In case of
your failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the complaint.
Dated: Forest Hills, New York
February 24, 2021
Ronal W. Ramire
LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
71"
107-19 Avenue
Forest Hills, NY 1 1375
(718) 261-6161
File No.:200005
DEFENDANTS'
ADDRESSES:
(See RIDER annexed hereto)
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RIDER
DEFENDANTS'
ADDRESSES:
JAM SERVICES AND REPAIRS LLC
1115 Front Street
Catasauqua, PA 18032
JOSE M. NINA BONILLA
204 Sherman Avenue, Apt.5C
New York, NY 10034
QSR EAST LLC
24 Outwater Lane
Garfield, NJ 07026
1040 KFC LLC
549 Empire Boulevard
Brooklyn, NY 11225
KFC CORPORATION
1441 Gardiner Lane
Louisville, KY 40213
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_________________________ ________---------------------------X
LALITA CREWS,
Plaintiff,
- against - VERIFIED COMPLAINT
JAM SERVICES AND REPAIRS LLC,
JOSE M. NINA BONILLA, QSR EAST LLC,
1040 KFC LLC and KFC CORPORATION,
Defendants.
.-_____________-________________--------------------X
Plaintiff, by her attorneys, the LAW OFFICE OF RONALD W. RAMIREZ,
complaining of Defendants, respectfully alleges, upon information and belief, as follows:
1. The cause of action alleged herein arose in the County of Kings, State of New
York.
2. At alltimes herein mentioned, Defendant JAM SERVICES AND REPAIRS
LLC (hereinafter referred to as "JAM SERVICES") was and is a foreign corporation duly
organized and existing under and by virtue of the laws of the State of Pennsylvania, and
authorized to conduct business in the State of New York.
3. At all times herein mentioned, Defendant JOSE M. NINA BONILLA
(hereinafter referred to as "BONILLA") was and is a resident of the State of New York with his
principal place of business in the State of New York.
4. At all times herein mentioned, Defendant QSR EAST LLC (hereinafter referred
to as "QSR EAST") was and is a foreign limited liability company duly organized and existing
under and by virtue of the laws of the State of New Jersey, and authorized to conduct business in
the State of New York.
5. At all times herein mentioned, Defendant 1040 KFC LLC (hereinafter referred to
as "1040 KFC") was and is a domestic limited liability compañy duly organized and existing
under and by virtue of the laws of the State of New York.
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6. At alltimes herein mentioned, Defendant KFC CORPORATION (hereinafter
referred to as "KFC CORP") is a foreign corporation duly organized and existing under and by
virtue of the laws of the State of Kentucky, and authorized to conduct business in the State of
New York.
7. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC
was the owner of a certain premises located at 1040 Bedford Avenue, Brooklyn, New York.
8. At alltimes herein mentioned, and on and prior to 3/11/20, there was a Kentucky
Fried Chicken restaurant (hereinafter referred to as "the Restaurant") located at the aforesaid
premises.
9. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC
operated the aforesaid premises.
10. At all times herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC
managed the aforesaid premises.
11. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC
maintained the aforesaid premises.
12. At all times herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC
controlled the aforesaid premises.
13. At all times herein mentioned, and on and prior to 3/11/20, Defendant KFC
CORP was the owner of the Restaurant.
14. At all times herein mentioned, and on and prior to 3/11/20, Defendam KFC
CORPoperated the Restaurant.
15. At all times herein mentioned, and on and prior to 3/11/20, Defendant KFC
CORP managed the Restaurant.
16. At all times herein mentioned, and on and prior to 3/11/20, Defendant KFC
CORP, maintained the Restaurant.
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17. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant KFC
CORP controlled the Restaurant.
18. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant KFC
CORP inspected the Restaurant.
19. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant KFC
CORP provided the commercial cooking eqüipñ1ent utilized by the employees of the
Restaurant.
20. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant KFC
CORP repaired the commercial cooking equipment utilized by the employees of the
Restaurant.
21. At all times herein mentioned, and on and prior to 3/11/20, Defendant QSR
EAST was the owner of the Restaurant.
22. At alltimes herein mentioned, and on and prior to 3/11/20, Defcadant QSR
EAST operated the Restaurant.
23. At all times herein mentioned, and on and prior to 3/11/20, Defendant QSR
EAST managed the Restaurant.
24. At all times herein mentioned, and on and prior to 3/11/20, Defendant QSR
EAST maintained the Restaurant.
25. That at all times herein mentioned, and on and prior to 3/11/20, the defendant,
QSR EAST, controlled the Restaurant.
26. At all times herein mentioned, and on and prior to 3/11/20, Defendant QSR
EAST inspected the Restaurant.
27. At all times herein mentioned, and on and prior to 3/11/20, Defendant QSR
EAST provided the commercial cooking equipment utilized by the employees of the
Restaurant.
3
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28. At all times herein mentioned, and on and prior to 3/11/20, Defendant QSR
EAST repaired the commercial cooking equipment utilized by the employees of the Restaurant.
29. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC
owned the Restaurant.
30. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC
operated the Restaurant.
31. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC
managed the Restaurant.
32. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC
maintained the Restaurant.
33. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC
controlled the Restaurant.
34. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1940 KFC
inspected the Restaurant.
35. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC
provided the commercial cooking equipment utilized by the employees of the Restaurant.
36. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC
repaired the commercial cooking equipment utilized by the employees of the Restaurant.
37. At alltimes herein mentioned, and on and prior to 3/11/20, Plaintiff LALITA
CREWS was employed by the Restaurant as a cook and cashier.
38. Upon information and belief, that at alltimes herein mentioned, and on and prior
contract"
to 3/11/20, JAM SERVICES entered into a "service in order to perform maintenance
and repair services on the commercial cooking equipment located at the Restaurant, including,
fryers"
but not limited to,the "high temperature, industrial strength pressure (hereinafter referred
to as "the Fryers").
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39. On or about the middle of February, 2020 one of the Fryers located at the
Restaurant and utilized by employees of the Restaurant, including, but not limited to, Plaintiff,
malfunctioned at the aforesaid premises.
40. After the aforesaid Fryer malfunctioned, Defendant JAM SERVICES was
contacted to repair and/or fix the malfunctioning Fryer located at the Restaurant pursuant to the
aforesaid service contract.
41. Upon information and belief, Defendant JAMSERVICES contacted and directed
their sub-contractor, Defendant BONILLA, to perform repair services on the malfunctioning
Fryer at the Restaurant.
42. On or about the end of February, 2020 and approximately two (2) weeks prior
to 3/1 1/20 Defendant JAM SERVICES, their agents, servants and/or employees, attempted to
repair and/or fix, and performed repairs and/or maintenance services on the malfunctioning
Fryer at the Restaurant.
43. On or about the end of February, 2020 and approximately two (2) weeks prior
to 3/11/20, Defendant BONILLA, his agents, servants and/or employees, attempted to repair
and/or fix, and performed repairs and/or mainteñance services on the malfunctioning Fryer at
the Restaurant.
44. The repair services performed or attempted by Defendant JAM SERVICES, their
agents, servants and/or employees, on or about the end of February, 2020 on the malfunctioning
Fryer at the Restaurant and premises were improper, inadequate, negligent and failed to cure or
remedy the malfunctioning Fryer.
45. The repair services performed or attempted by BONILLA, his agents, servants
and/or employees, on or about the end of February, 2020 on the malfunctioning Fryer at the
Restaurant and premises were improper, inadequate, negligent and failed to cure or remedy the
malfunctioning Fryer.
5
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46. At alltimes herein mentioned and on and prior to 3/11/2020 the Fryers located at
the Restaurant were old, outdated, obsolete, malfunctioning and should have been replaced with
new, refurbished and/or safe, working Fryers.
47. At all times herein mentioned and on and prior to 3/11/2020, itwas the duty of
Defendants JAM SERVICES and BONILLA to inform Defendants KFC CORP, QSR EAST
and 1040 KFC that the Fryers located at the Restaurant were old, outdated, obsolete,
malfunctioning and should have been replaced with new, refurbished and/or safe, working
Fryers.
48. At all times herein mentioned and on and prior to 3/11/2020, itwas the duty
of Defendants to properly repair, fix and/or replace the old, outdated, obsolete and
malfunctioning Fryers located at the Restaurant with new, refurbished and/or safe, working
Fryers.
49. Defendants KFC CORP, QSR EAST, and 1940 KFC, their agents, servants
and/or employees, had the duty to provide Plaintiff with a safe place to work.
50. Defendants, KFC CORP, QSR EAST, and 1040 KFC, their agents, servants
and/or employees, had the non-delegable duty to see that the Restaurant was kept resonably
safe and free of dangers and hazards to those workers lawfully thereat.
51. On 3/11/20, while Plaintiff was lawfully working at the Restaurant at the
aforesaid premises, the aforesaid malfunctioning Fryer, which was improperly repaired,
malfunctioned and exploded, causing hot oil to be thrown onto Plaintiff and causing Plaintiff to
sustain serious and severe burns, due to the dangerous condition which Defendants, their agents,
servants and/or employees, created and/or negligently allowed to exist thereat.
52. As a result of the foregoing, Plaintiff sustained serious permañeñt personal
injuries.
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53. Defendants created the aforesaid dangerous and defective condition by failing to
replace old and defective commercial cooking equipment; by having said equipment improperly
and negligently repaired; by failing to inspect the equipment prior to and for a period of time
before 3/11/20; Defendants had ample opportunity to inspect, discover and remedy the aforesaid
dangerous and hazardous conditions; and Defendants had actual and constructive notice of the
dangerous conditions in existence.
54. This action falls within one or more of the exceptions set forth in CPLR §l602.
55. The aforesaid occurrence was caused wholly and solely by the negligence of the
Defendants, their agents, servants and/or employees, in the ownership, operation, maintenance,
control, possession, supervision, direction, inspection, management, renovation, installation,
rehabilitation and/or alteration at the aforesaid equipment, Restaurant and premises, causing
Plaintiff to sustain serious and permanent personal injuries.
56. Defendants, their agents, servants and/or employees, were negligent, reckless and
careless in the ownership, operation, maintenance, control, possession, supervision, direction,
inspection, management, renovation, installation, rehabilitation and/or alteration at the aforesaid
equipment, Restaurant and premises; Defendants violated generally accepted practices in the
restaurant industry; in that they failed to provide Plaintiff with a safe place to work; and
Defendants were otherwise negligent, reckless and careless.
57. The accident herein and the injuries resulting therefrom were caused solely and
wholly by reason of the negligence of Defendants their agents, servants and/or employees,
without any fault, want of care or culpable conduct on the part of Plaintiff contributing thereto.
58. By reason of the foregoing, Plaintiff has been rendered burned, sick, sore, lame,
maimed and disabled, and so remains; she has been unable to attend to her usual vocation and
activities; she as been obliged to expend, and will expend in the future, sums of money for
medical aid and attention; by reason of the foregoing, Plaintiff has been damaged.
7
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59. As a result of the foregoing, Plaintiff was damaged in an amount that exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction.
WHEREFORE, Plaintiff demands judgment against Defendants herein in an amount
that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction,
together with the costs and disbursements of this action.
Dated: Forest Hills, New York
February 24, 2021
Ronald . Ramir
LAW OFFICE D W. RAMIREZ
Attorneys for Plaintiff
71"
107-19 Avenue
Forest Hills, NY 11375
(718) 261-6161
File No. 200005
8
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A_TIORNEY'S VERIFICATION
STATE OF NEW YORK )
:ss.:
COUNTYOFQUEENS )
RONALD W. RAMIREZ, an attorney duly admitted to practice before the Courts of the
State of New York, affirms the following to be true under the penalties of perjury:
I am a member of the LAW OFFICE OF RONALD W. RAMIREZ, the attorneys of
record for LALITA CREWS, the Plaintiff in the within action. I have read the annexed
COMPLAINT
and know the contents thereof, and the same are true to my knowledge, except those matters
therein which are stated to be alleged upon information and belief, and as to those matters I
believe them to be true. My belief, as to those matters therein not stated upon knowledge, is
based upon facts, records, and other pertinent information contained in my files.
The reason this verification is made by me and not Plaintiff is that Plaintiff does not
reside in the County of Queens, the county wherein the attorneys for the Plaintiff maintain their
offices.
Dated: Forest Hills, New York
February 24, 2021
RON LD W. R
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
LALITA CREWS,
Plaintiff,
- against -
JAM SERVICES AND REPAIRS LLC, JOSE M. NINA BONILLA, QSR EAST LLC,
1040 KFC LLC and KFC CORPORATION,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
107-19 71st Avenue
Forest Hills,New York 11375
Tel. No.: (718) 261-6161
Fax No.: (718) 268-3045
RR @ RWRAMIREZ.COM
CERTIFICATION:
To the best ofthe undersigned's knewledge, informst:::and belief, formed after an inquiry
reasõñable under the circuiñstances, the within document(s) and contentions c !==d
thercia are not frivolous as defined in 22 NYCRR §130-1.1-a.
Dated: Forest Hills, New York
February 24, 2021
ONALD W AM EZ
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------------X
LALITA CREWS, :
: Index No.: 504481/2021
Plaintiff, :
:
-against- : CERTIFICATION
:
JAM SERVICES AND REPAIRS LLC, JOSE M. NINA :
BONILLA, QSR EAST LLC, 1040 KFC LLC and KFC :
CORPORATION, :
:
Defendants. :
-------------------------------------------------------------------------X
COUNSELORS
PLEASE TAKE NOTICE, that pursuant to 22 NYCRR §130-1.1, the undersigned, an
attorney duly admitted to practice law in the Courts of the State of New York, hereby certifies,
upon information and belief, that the contentions contained in the annexed documents are not
frivolous.
Verified Answer with Cross-Claims
Demand for Verified Bill of Particulars
Notice for Discovery and Inspection
Demand for Medical Information, Records and Authorizations
Demand for Diagnostic Film Authorizations
Demand for Arons Authorizations
Demand for Medical Bills/Billing Record Authorizations
Demand for Medicare, Medicaid and Social Security Disability
Records/Authorizations
Demand for Employment Records and Authorizations/Income Tax Records
Demand for Expert Witness Information
Demand Pursuant to CPLR 4545
Demand for Social Media/Networking Authorizations and Notice to Preserve
Demand for E-Discovery/Litigation Hold/Notice to Preserve
Demand Pursuant to CPLR 3017(c)
Notice of Deposition
Notice for Independent Medical Examination
Notice of Revocation of Service by Fax
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Dated: New York, New York
April 28, 2021
Yours, etc.,
LAW OFFICE OF KEVIN J. PHILBIN
Attorneys for Defendant
1040 KFC LLC
One Whitehall Street, 13th Floor
New York, NY 10004-2109
(212) 248-9100
Matter No.: 21-004175
By: __________________________
Rhonda D. Thompson
TO: LAW OFFICE OF RONALD W. RAMIREZ
Attorneys for Plaintiff
LALITA CREWS
107-19 71st Avenue
Forest Hills, New York 11375
(718) 261-6161
File No.: 200005
ROBERT A. PEIRCE & ASSOCIATES
Attorneys for Defendant
JAM SERVICES AND REPAIRS LLC
8 Cottage Place
White Plains, New York 10601
(914) 946-8200
HAGELIN SPENCER LLC
Attorneys for Defendant
JOSE M. NINA BONILLA
135 Delaware Avenue, Suite 200
Buffalo, New York 14202
(716) 849-3500
QSR EAST LLC
24 Outwater Lane
Garfield, New Jersey 07026
KFC CORPORATION
1441 Gardiner Lane
Louisville, Kentucky 40213
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------------X
LALITA CREWS, :
: Index No.: 504481/2021
Plaintiff, :
:
-against- : VERIFIED ANSWER
: WITH CROSS-CLAIMS
JAM SERVICES AND REPAIRS LLC, JOSE M. NINA :
BONILLA, QSR EAST LLC, 1040 KFC LLC and KFC :
CORPORATION, :
:
Defendants. :
-------------------------------------------------------------------------X
Defendant, 1040 KFC, LLC, by and through its attorneys, LAW OFFICE OF KEVIN J.
PHILBIN, as and for its Answer to the Verified Complaint, dated February 24, 2021, alleges the
following, upon information and belief:
1. Denies knowledge or information sufficient to form a belief as to the truth or
accuracy of the allegations contained in the paragraphs of the Verified Complaint designated “1”,
“2”, “3”, “4”, “6”, “8”, “13”, “14”, “15”, “16”, “17”, “18”, “19”, “20”, “21”, “22”, “23”, “24”,
“25”, “26”, “27”, “28”, “37”, “38”, “39”, “40”, “41”, “42”, “43”, “44”, “45” and “46”.
2. Admits each and every allegation contained in the paragraphs of the Verified
Complaint designated “5” and “7”.
3. Denies the allegations contained in the paragraphs of the Verified Complaint
designated “9”, “10”, “11”, “12”, “29”, “30”, “31”, “32”, “33”, “34”, “35”, “36”, “48”, “49”, “50”,
“51”, “52”, “53”, “55”, “56”, 57”, “58” and “59” of the Verified Complaint.
4. Denies any knowledge or information sufficient to form a belief as to the truth of
the allegations contained in the paragraphs of the Verified Complaint designated “47” and “54”
and leaves all questions of law to the Court for determination at time of trial.
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE
5. That any injuries and damages sustained by the Plaintiff were caused solely and
wholly by reason of the Plaintiff's carelessness and negligence, or by the carelessness and
negligence of some third person or persons not under the control of the Defendant, in that the
Plaintiff did not take the usual, necessary and proper precautions for his own safety, and Plaintiff
was otherwise negligent and careless in the premises.
AS AND FOR A SECOND AFFIR
Preview
FILED: KINGS COUNTY CLERK 03/17/2022 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 03/17/2022 xhibit ¼" FILED: KINGS COUNTY CLERK 02/24/2021 03/17/2022 03:32 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 02/24/2021 03/17/2022 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS --------------------------- -------- -------------X Date Purchased: LALITA CREWS, SUMMONS Plaintiff, Plaintiff designates Kings County - against - as the place of trial. JAM SERVICES AND REPAIRS LLC, The basis of venue is: JOSE M. NINA BONILLA, QSR EAST LLC, CPLR 503(a): where § county 1040 KFC LLC and KFC CORPORATION, accident occurred Defendants· Plaintiff resides at: .------ ------------------------------------------------X 89 Hart Street Brooklyn NY 11206 County of Kings To the above named Defendants: 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 this summons, to serve a notice of appearance on the Plaintiffs attorneys within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or within thirty (30) days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Forest Hills, New York February 24, 2021 Ronal W. Ramire LAW OFFICE OF RONALD W. RAMIREZ Attorneys for Plaintiff 71" 107-19 Avenue Forest Hills, NY 1 1375 (718) 261-6161 File No.:200005 DEFENDANTS' ADDRESSES: (See RIDER annexed hereto) 1 of 12 FILED: KINGS COUNTY CLERK 02/24/2021 03/17/2022 03:32 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 02/24/2021 03/17/2022 RIDER DEFENDANTS' ADDRESSES: JAM SERVICES AND REPAIRS LLC 1115 Front Street Catasauqua, PA 18032 JOSE M. NINA BONILLA 204 Sherman Avenue, Apt.5C New York, NY 10034 QSR EAST LLC 24 Outwater Lane Garfield, NJ 07026 1040 KFC LLC 549 Empire Boulevard Brooklyn, NY 11225 KFC CORPORATION 1441 Gardiner Lane Louisville, KY 40213 2 2 of 12 FILED: KINGS COUNTY CLERK 02/24/2021 03/17/2022 03:32 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 02/24/2021 03/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _________________________ ________---------------------------X LALITA CREWS, Plaintiff, - against - VERIFIED COMPLAINT JAM SERVICES AND REPAIRS LLC, JOSE M. NINA BONILLA, QSR EAST LLC, 1040 KFC LLC and KFC CORPORATION, Defendants. .-_____________-________________--------------------X Plaintiff, by her attorneys, the LAW OFFICE OF RONALD W. RAMIREZ, complaining of Defendants, respectfully alleges, upon information and belief, as follows: 1. The cause of action alleged herein arose in the County of Kings, State of New York. 2. At alltimes herein mentioned, Defendant JAM SERVICES AND REPAIRS LLC (hereinafter referred to as "JAM SERVICES") was and is a foreign corporation duly organized and existing under and by virtue of the laws of the State of Pennsylvania, and authorized to conduct business in the State of New York. 3. At all times herein mentioned, Defendant JOSE M. NINA BONILLA (hereinafter referred to as "BONILLA") was and is a resident of the State of New York with his principal place of business in the State of New York. 4. At all times herein mentioned, Defendant QSR EAST LLC (hereinafter referred to as "QSR EAST") was and is a foreign limited liability company duly organized and existing under and by virtue of the laws of the State of New Jersey, and authorized to conduct business in the State of New York. 5. At all times herein mentioned, Defendant 1040 KFC LLC (hereinafter referred to as "1040 KFC") was and is a domestic limited liability compañy duly organized and existing under and by virtue of the laws of the State of New York. 3 of 12 FILED: KINGS COUNTY CLERK 02/24/2021 03/17/2022 03:32 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 02/24/2021 03/17/2022 6. At alltimes herein mentioned, Defendant KFC CORPORATION (hereinafter referred to as "KFC CORP") is a foreign corporation duly organized and existing under and by virtue of the laws of the State of Kentucky, and authorized to conduct business in the State of New York. 7. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC was the owner of a certain premises located at 1040 Bedford Avenue, Brooklyn, New York. 8. At alltimes herein mentioned, and on and prior to 3/11/20, there was a Kentucky Fried Chicken restaurant (hereinafter referred to as "the Restaurant") located at the aforesaid premises. 9. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC operated the aforesaid premises. 10. At all times herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC managed the aforesaid premises. 11. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC maintained the aforesaid premises. 12. At all times herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC controlled the aforesaid premises. 13. At all times herein mentioned, and on and prior to 3/11/20, Defendant KFC CORP was the owner of the Restaurant. 14. At all times herein mentioned, and on and prior to 3/11/20, Defendam KFC CORPoperated the Restaurant. 15. At all times herein mentioned, and on and prior to 3/11/20, Defendant KFC CORP managed the Restaurant. 16. At all times herein mentioned, and on and prior to 3/11/20, Defendant KFC CORP, maintained the Restaurant. 2 4 of 12 FILED: KINGS COUNTY CLERK 02/24/2021 03/17/2022 03:32 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 02/24/2021 03/17/2022 17. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant KFC CORP controlled the Restaurant. 18. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant KFC CORP inspected the Restaurant. 19. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant KFC CORP provided the commercial cooking eqüipñ1ent utilized by the employees of the Restaurant. 20. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant KFC CORP repaired the commercial cooking equipment utilized by the employees of the Restaurant. 21. At all times herein mentioned, and on and prior to 3/11/20, Defendant QSR EAST was the owner of the Restaurant. 22. At alltimes herein mentioned, and on and prior to 3/11/20, Defcadant QSR EAST operated the Restaurant. 23. At all times herein mentioned, and on and prior to 3/11/20, Defendant QSR EAST managed the Restaurant. 24. At all times herein mentioned, and on and prior to 3/11/20, Defendant QSR EAST maintained the Restaurant. 25. That at all times herein mentioned, and on and prior to 3/11/20, the defendant, QSR EAST, controlled the Restaurant. 26. At all times herein mentioned, and on and prior to 3/11/20, Defendant QSR EAST inspected the Restaurant. 27. At all times herein mentioned, and on and prior to 3/11/20, Defendant QSR EAST provided the commercial cooking equipment utilized by the employees of the Restaurant. 3 5 of 12 FILED: KINGS COUNTY CLERK 02/24/2021 03/17/2022 03:32 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 02/24/2021 03/17/2022 28. At all times herein mentioned, and on and prior to 3/11/20, Defendant QSR EAST repaired the commercial cooking equipment utilized by the employees of the Restaurant. 29. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC owned the Restaurant. 30. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC operated the Restaurant. 31. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC managed the Restaurant. 32. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC maintained the Restaurant. 33. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC controlled the Restaurant. 34. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1940 KFC inspected the Restaurant. 35. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC provided the commercial cooking equipment utilized by the employees of the Restaurant. 36. At alltimes herein mentioned, and on and prior to 3/11/20, Defendant 1040 KFC repaired the commercial cooking equipment utilized by the employees of the Restaurant. 37. At alltimes herein mentioned, and on and prior to 3/11/20, Plaintiff LALITA CREWS was employed by the Restaurant as a cook and cashier. 38. Upon information and belief, that at alltimes herein mentioned, and on and prior contract" to 3/11/20, JAM SERVICES entered into a "service in order to perform maintenance and repair services on the commercial cooking equipment located at the Restaurant, including, fryers" but not limited to,the "high temperature, industrial strength pressure (hereinafter referred to as "the Fryers"). 4 6 of 12 FILED: KINGS COUNTY CLERK 02/24/2021 03/17/2022 03:32 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 02/24/2021 03/17/2022 39. On or about the middle of February, 2020 one of the Fryers located at the Restaurant and utilized by employees of the Restaurant, including, but not limited to, Plaintiff, malfunctioned at the aforesaid premises. 40. After the aforesaid Fryer malfunctioned, Defendant JAM SERVICES was contacted to repair and/or fix the malfunctioning Fryer located at the Restaurant pursuant to the aforesaid service contract. 41. Upon information and belief, Defendant JAMSERVICES contacted and directed their sub-contractor, Defendant BONILLA, to perform repair services on the malfunctioning Fryer at the Restaurant. 42. On or about the end of February, 2020 and approximately two (2) weeks prior to 3/1 1/20 Defendant JAM SERVICES, their agents, servants and/or employees, attempted to repair and/or fix, and performed repairs and/or maintenance services on the malfunctioning Fryer at the Restaurant. 43. On or about the end of February, 2020 and approximately two (2) weeks prior to 3/11/20, Defendant BONILLA, his agents, servants and/or employees, attempted to repair and/or fix, and performed repairs and/or mainteñance services on the malfunctioning Fryer at the Restaurant. 44. The repair services performed or attempted by Defendant JAM SERVICES, their agents, servants and/or employees, on or about the end of February, 2020 on the malfunctioning Fryer at the Restaurant and premises were improper, inadequate, negligent and failed to cure or remedy the malfunctioning Fryer. 45. The repair services performed or attempted by BONILLA, his agents, servants and/or employees, on or about the end of February, 2020 on the malfunctioning Fryer at the Restaurant and premises were improper, inadequate, negligent and failed to cure or remedy the malfunctioning Fryer. 5 7 of 12 FILED: KINGS COUNTY CLERK 02/24/2021 03/17/2022 03:32 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 02/24/2021 03/17/2022 46. At alltimes herein mentioned and on and prior to 3/11/2020 the Fryers located at the Restaurant were old, outdated, obsolete, malfunctioning and should have been replaced with new, refurbished and/or safe, working Fryers. 47. At all times herein mentioned and on and prior to 3/11/2020, itwas the duty of Defendants JAM SERVICES and BONILLA to inform Defendants KFC CORP, QSR EAST and 1040 KFC that the Fryers located at the Restaurant were old, outdated, obsolete, malfunctioning and should have been replaced with new, refurbished and/or safe, working Fryers. 48. At all times herein mentioned and on and prior to 3/11/2020, itwas the duty of Defendants to properly repair, fix and/or replace the old, outdated, obsolete and malfunctioning Fryers located at the Restaurant with new, refurbished and/or safe, working Fryers. 49. Defendants KFC CORP, QSR EAST, and 1940 KFC, their agents, servants and/or employees, had the duty to provide Plaintiff with a safe place to work. 50. Defendants, KFC CORP, QSR EAST, and 1040 KFC, their agents, servants and/or employees, had the non-delegable duty to see that the Restaurant was kept resonably safe and free of dangers and hazards to those workers lawfully thereat. 51. On 3/11/20, while Plaintiff was lawfully working at the Restaurant at the aforesaid premises, the aforesaid malfunctioning Fryer, which was improperly repaired, malfunctioned and exploded, causing hot oil to be thrown onto Plaintiff and causing Plaintiff to sustain serious and severe burns, due to the dangerous condition which Defendants, their agents, servants and/or employees, created and/or negligently allowed to exist thereat. 52. As a result of the foregoing, Plaintiff sustained serious permañeñt personal injuries. 6 8 of 12 FILED: KINGS COUNTY CLERK 02/24/2021 03/17/2022 03:32 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 02/24/2021 03/17/2022 53. Defendants created the aforesaid dangerous and defective condition by failing to replace old and defective commercial cooking equipment; by having said equipment improperly and negligently repaired; by failing to inspect the equipment prior to and for a period of time before 3/11/20; Defendants had ample opportunity to inspect, discover and remedy the aforesaid dangerous and hazardous conditions; and Defendants had actual and constructive notice of the dangerous conditions in existence. 54. This action falls within one or more of the exceptions set forth in CPLR §l602. 55. The aforesaid occurrence was caused wholly and solely by the negligence of the Defendants, their agents, servants and/or employees, in the ownership, operation, maintenance, control, possession, supervision, direction, inspection, management, renovation, installation, rehabilitation and/or alteration at the aforesaid equipment, Restaurant and premises, causing Plaintiff to sustain serious and permanent personal injuries. 56. Defendants, their agents, servants and/or employees, were negligent, reckless and careless in the ownership, operation, maintenance, control, possession, supervision, direction, inspection, management, renovation, installation, rehabilitation and/or alteration at the aforesaid equipment, Restaurant and premises; Defendants violated generally accepted practices in the restaurant industry; in that they failed to provide Plaintiff with a safe place to work; and Defendants were otherwise negligent, reckless and careless. 57. The accident herein and the injuries resulting therefrom were caused solely and wholly by reason of the negligence of Defendants their agents, servants and/or employees, without any fault, want of care or culpable conduct on the part of Plaintiff contributing thereto. 58. By reason of the foregoing, Plaintiff has been rendered burned, sick, sore, lame, maimed and disabled, and so remains; she has been unable to attend to her usual vocation and activities; she as been obliged to expend, and will expend in the future, sums of money for medical aid and attention; by reason of the foregoing, Plaintiff has been damaged. 7 9 of 12 FILED: KINGS COUNTY CLERK 02/24/2021 03/17/2022 03:32 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 02/24/2021 03/17/2022 59. As a result of the foregoing, Plaintiff was damaged in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff demands judgment against Defendants herein in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: Forest Hills, New York February 24, 2021 Ronald . Ramir LAW OFFICE D W. RAMIREZ Attorneys for Plaintiff 71" 107-19 Avenue Forest Hills, NY 11375 (718) 261-6161 File No. 200005 8 10 of 12 FILED: KINGS COUNTY CLERK 02/24/2021 03/17/2022 03:32 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 02/24/2021 03/17/2022 A_TIORNEY'S VERIFICATION STATE OF NEW YORK ) :ss.: COUNTYOFQUEENS ) RONALD W. RAMIREZ, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am a member of the LAW OFFICE OF RONALD W. RAMIREZ, the attorneys of record for LALITA CREWS, the Plaintiff in the within action. I have read the annexed COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. The reason this verification is made by me and not Plaintiff is that Plaintiff does not reside in the County of Queens, the county wherein the attorneys for the Plaintiff maintain their offices. Dated: Forest Hills, New York February 24, 2021 RON LD W. R 11 of 12 FILED: KINGS COUNTY CLERK 02/24/2021 03/17/2022 03:32 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 1 38 RECEIVED NYSCEF: 02/24/2021 03/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS LALITA CREWS, Plaintiff, - against - JAM SERVICES AND REPAIRS LLC, JOSE M. NINA BONILLA, QSR EAST LLC, 1040 KFC LLC and KFC CORPORATION, Defendants. SUMMONS AND VERIFIED COMPLAINT LAW OFFICE OF RONALD W. RAMIREZ Attorneys for Plaintiff 107-19 71st Avenue Forest Hills,New York 11375 Tel. No.: (718) 261-6161 Fax No.: (718) 268-3045 RR @ RWRAMIREZ.COM CERTIFICATION: To the best ofthe undersigned's knewledge, informst:::and belief, formed after an inquiry reasõñable under the circuiñstances, the within document(s) and contentions c !==d thercia are not frivolous as defined in 22 NYCRR §130-1.1-a. Dated: Forest Hills, New York February 24, 2021 ONALD W AM EZ 12 of 12 FILED: KINGS COUNTY CLERK 03/17/2022 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 12 38 RECEIVED NYSCEF: 04/28/2021 03/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------------X LALITA CREWS, : : Index No.: 504481/2021 Plaintiff, : : -against- : CERTIFICATION : JAM SERVICES AND REPAIRS LLC, JOSE M. NINA : BONILLA, QSR EAST LLC, 1040 KFC LLC and KFC : CORPORATION, : : Defendants. : -------------------------------------------------------------------------X COUNSELORS PLEASE TAKE NOTICE, that pursuant to 22 NYCRR §130-1.1, the undersigned, an attorney duly admitted to practice law in the Courts of the State of New York, hereby certifies, upon information and belief, that the contentions contained in the annexed documents are not frivolous. Verified Answer with Cross-Claims Demand for Verified Bill of Particulars Notice for Discovery and Inspection Demand for Medical Information, Records and Authorizations Demand for Diagnostic Film Authorizations Demand for Arons Authorizations Demand for Medical Bills/Billing Record Authorizations Demand for Medicare, Medicaid and Social Security Disability Records/Authorizations Demand for Employment Records and Authorizations/Income Tax Records Demand for Expert Witness Information Demand Pursuant to CPLR 4545 Demand for Social Media/Networking Authorizations and Notice to Preserve Demand for E-Discovery/Litigation Hold/Notice to Preserve Demand Pursuant to CPLR 3017(c) Notice of Deposition Notice for Independent Medical Examination Notice of Revocation of Service by Fax 1 of 60 FILED: KINGS COUNTY CLERK 03/17/2022 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 12 38 RECEIVED NYSCEF: 04/28/2021 03/17/2022 Dated: New York, New York April 28, 2021 Yours, etc., LAW OFFICE OF KEVIN J. PHILBIN Attorneys for Defendant 1040 KFC LLC One Whitehall Street, 13th Floor New York, NY 10004-2109 (212) 248-9100 Matter No.: 21-004175 By: __________________________ Rhonda D. Thompson TO: LAW OFFICE OF RONALD W. RAMIREZ Attorneys for Plaintiff LALITA CREWS 107-19 71st Avenue Forest Hills, New York 11375 (718) 261-6161 File No.: 200005 ROBERT A. PEIRCE & ASSOCIATES Attorneys for Defendant JAM SERVICES AND REPAIRS LLC 8 Cottage Place White Plains, New York 10601 (914) 946-8200 HAGELIN SPENCER LLC Attorneys for Defendant JOSE M. NINA BONILLA 135 Delaware Avenue, Suite 200 Buffalo, New York 14202 (716) 849-3500 QSR EAST LLC 24 Outwater Lane Garfield, New Jersey 07026 KFC CORPORATION 1441 Gardiner Lane Louisville, Kentucky 40213 2 2 of 60 FILED: KINGS COUNTY CLERK 03/17/2022 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 12 38 RECEIVED NYSCEF: 04/28/2021 03/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------------X LALITA CREWS, : : Index No.: 504481/2021 Plaintiff, : : -against- : VERIFIED ANSWER : WITH CROSS-CLAIMS JAM SERVICES AND REPAIRS LLC, JOSE M. NINA : BONILLA, QSR EAST LLC, 1040 KFC LLC and KFC : CORPORATION, : : Defendants. : -------------------------------------------------------------------------X Defendant, 1040 KFC, LLC, by and through its attorneys, LAW OFFICE OF KEVIN J. PHILBIN, as and for its Answer to the Verified Complaint, dated February 24, 2021, alleges the following, upon information and belief: 1. Denies knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations contained in the paragraphs of the Verified Complaint designated “1”, “2”, “3”, “4”, “6”, “8”, “13”, “14”, “15”, “16”, “17”, “18”, “19”, “20”, “21”, “22”, “23”, “24”, “25”, “26”, “27”, “28”, “37”, “38”, “39”, “40”, “41”, “42”, “43”, “44”, “45” and “46”. 2. Admits each and every allegation contained in the paragraphs of the Verified Complaint designated “5” and “7”. 3. Denies the allegations contained in the paragraphs of the Verified Complaint designated “9”, “10”, “11”, “12”, “29”, “30”, “31”, “32”, “33”, “34”, “35”, “36”, “48”, “49”, “50”, “51”, “52”, “53”, “55”, “56”, 57”, “58” and “59” of the Verified Complaint. 4. Denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraphs of the Verified Complaint designated “47” and “54” and leaves all questions of law to the Court for determination at time of trial. 3 of 60 FILED: KINGS COUNTY CLERK 03/17/2022 03:13 PM INDEX NO. 504481/2021 NYSCEF DOC. NO. 12 38 RECEIVED NYSCEF: 04/28/2021 03/17/2022 AS AND FOR A FIRST AFFIRMATIVE DEFENSE 5. That any injuries and damages sustained by the Plaintiff were caused solely and wholly by reason of the Plaintiff's carelessness and negligence, or by the carelessness and negligence of some third person or persons not under the control of the Defendant, in that the Plaintiff did not take the usual, necessary and proper precautions for his own safety, and Plaintiff was otherwise negligent and careless in the premises. AS AND FOR A SECOND AFFIR