Preview
FILED: KINGS COUNTY CLERK 08/05/2022 04:17 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/05/2022
EXHIBIT
A
FILED: KINGS COUNTY CLERK 07/12/2020
08/05/2022 02:42
04:17 PM INDEX NO. 512150/2020
NYSCEF DOC. NO. 1
22 RECEIVED NYSCEF: 07/12/2020
08/05/2022
File #: 31457
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK Date of Purchase:
COUNTY OF KINGS
===========================X SUMMONS
RAY JACKSON, Plaintiff designates
Plaintiff(s), KINGS
County as the place of trial
-against- The basis of the venue is:
Situs of Occurrence
VAN BLARCOM CLOSURES, INC.,
County of KINGS
Defendant(s).
===========================X
To the above named defendant(s):
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the Plaintiffs Attorneys within 20 days after the service of this summons exclusive
of the day of service (or within 30 days after the service is complete if this summons is not
personally delivered to you within the State ofNew York); and in case of your failure to appear or
answer, judgment will be taken against you by default for the relief demanded herein.
Dated: New York, New York
June 8, 2020
PETER MAY, ESQ.
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff
Address and Telephone Number
- 23rd
150 Broadway p
New York, New York 10038
(212) 285-3800
FILE NO.: 31457
Defendants Address:
VAN BLARCOM CLOSURES, INC.
156 Sanford St,
Brooklyn, NY 11205
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FILE #: 31457
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------X
RAY JACKSON,
VERIFIED COMPLAINT
Plamtiff(s),
-against-
VAN BLARCOM CLOSURES, INC.,
Defendant(s).
--------------------------------------------------------------------X
Plaintiff, RAY JACKSON, by his attorneys, SUBIN ASSOCIATES LLP as and for a
cause of action alleges, upon information and belief, as follows:
1. That at allthe times herein mentioned, and more particularly 7/30/2019, Sanford Street,was and
stillis a public roadway in the Borough of Brooklyn., County of Kings., City and State of New
York which consisted of a roadway and sidewalks thereat.
2. That said sidewalks were public thoroughfares along and over which the public at large had a
right to walk.
3. That at all the times herein mentioned, the defendant VAN BLARCOM CLOSURES,
INC., was and stillis a corporation doing business in the State of New York.
4. That at all times herein mentioned, the defendant VAN BLARCOM CLOSURES, INC.,
was the owner of the premises located at 156 Sanford Street, Brooklyn, New York.
5. That at allthe times herein mentioned, the defendant VAN BLARCOM CLOSURES, INC.,
its agents, servants and/or employees operated the aforementioned premises and the abutting
sidewalks.
6. That at allthe times herein mentioned, the defendant VAN BLARCOM CLOSURES, INC.,
2 of 7
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NYSCEF DOC. NO. 1
22 RECEIVED NYSCEF: 07/12/2020
08/05/2022
its agents, servants and/or employees maintained the aforementioned premises and the abutting
sidewalks.
7. That at allthe times herein mentioned, the defendant VAN BLARCOM CLOSURES, INC.,
its agents, servants and/or employees managed the aforementioned premises and the abutting
sidewalks.
8. That at allthe times herein mentioned, the defendant VAN BLARCOM CLOSURES, INC.,
its agents, servants and/or employees controlled the aforementioned premises and the abutting
sidewalks.
9. That at allthe times herein mentioned, itwas the duty of the defendant(s) itsagents, servants
and/or employees to keep and maintain said sidewalks in a reasonable stateof repair and good
and safe condition, and not to sufferand permit said premises to become unsafe and dangerous to
pedestrians and/or customers.
10. That on or about 7/30/2019, while plaintiff was lawfully walking on the aforementioned
sidewalks, plaintiff RAY JACKSON was caused to falland sustain multiple injuriesby reason of
the negligence, carelessness and want of proper care of the defendant(s), itsagents, servants
and/or employees.
11. That the said incident and resultinginjuries to the plaintiff were caused through no faultof her
own but were solely and wholly caused by reason of the negligence of the defendants, their
agents, servants and/or employees in that the defendants suffered, caused and/or permitted and/or
allowed portions of said sidewalks, to be, become and remain in a dangerous, defective,
hazardous, unsafe, broken, cracked, uneven, holey, chipped, depressed, raised, unsmooth, loose
condition and was negligently and/or improperly maintained, and same was otherwise so
dangerous, hazardous, and/or unsuitable for use by persons lawfully upon the sidewalks
constituting a nuisance and a trap,and permitting same to be and remain in such a dangerous and
defective condition for a long period and/or unreasonable period of time; in improperly causing,
3 of 7
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suffering, permitting and/or allowing improper construction of said sidewalks and in failing to
properly maintaining said sidewalks, in permitting and allowing defective repairs on said
sidewalks, in failing to apprise and/or warn the public and inparticular the plaintiff of the
aforementioned conditions; in failing to place signs, barricades, warnings and/or other devices to
apprise persons of the dangerous, unsafe condition thereat; in generally maintaining said
sidewalks in such a dangerous defective and/or unsafe condition so as to cause the incident
herein complained of; in creating and maintaining a menace, hazard, nuisance and trap thereat; in
failing to comply with the laws, statutes,ordinances and regulations made and provided therefor.
Plaintiff further relies on the doctrine of Res Ipsa Loquitur.
12. Both actual and constructive notice are claimed. Actual notice in thatthe defendants, their
agents, servants and/or employees had actual knowledge and/or created the complained of
condition; constructive notice in that the condition existed for a long and unreasonable period of
time.
13. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and permanent
injuries, has been and willbe caused great bodily injuries and pain, shock, mental anguish; loss of
normal pursuits and pleasures of life;has been and isinformed and verilybelieves maybe
permanently injured; has and will be prevented from attending to usual duties;
has incurred and will incur great expense for medical care and attention;in allto plaintiffs
damage in an amount which exceeds the jurisdictional limits of alllower courts which would
otherwise have jurisdiction and which warrants the jurisdiction of this Court.
WHEREFORE, plaintiff demands judgment against the defendants in an amount which
exceeds the jurisdictional limits of all lower courts and which warrants the jurisdiction of this
Court; together with the costs and disbursements of this action.
DATED: New York, New York
June 8, 2020
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NYSCEF DOC. NO. 1
22 RECEIVED NYSCEF: 07/12/2020
08/05/2022
PETER MAY, ESQ.
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiffs
150 Broadway
New York, New York 10038
(212) 285-3800
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STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
I, the undersigned, an attorney admitted to practice in the courts of New York State, state under
penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I have read
the foregoing SUMMONS AND COMPLAINT and know the contents thereof; the same is true
to my own knowledge, except as to the matters therein stated to be alleged on information and
belief, and as to those matters I believe to be true. The reason this verification is made by me and
not by my client(s), is thatmy client(s) are not presently in the County where I maintain my offices.
The grounds of my belief as to all matters not stated upon my own knowledge are the materials in
my fileand the investigations conducted by my office.
Dated: New York, New York
June 8, 2020
PETER MAY, ESQ.
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FILED: KINGS COUNTY CLERK 07/12/2020
08/05/2022 02:42
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NYSCEF DOC. NO. 1
22 RECEIVED NYSCEF: 07/12/2020
08/05/2022
Index No:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
===============================
RAY JACKSON,
Plaintiff(s),
-against-
VAN BLARCOM CLOSURES, INC.,
Defendant(s).
===============================
SUMMONS AND VERIFIED COMPLAINT
===============================
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff
Office and Post Office Address, Telephone
- 23rd
150 Broadway
New York, New York 10038
(212) 285-3800
File No.: 31457
7 of 7
Preview
FILED: KINGS COUNTY CLERK 08/05/2022 04:17 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/05/2022 EXHIBIT A FILED: KINGS COUNTY CLERK 07/12/2020 08/05/2022 02:42 04:17 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 1 22 RECEIVED NYSCEF: 07/12/2020 08/05/2022 File #: 31457 Index No.: SUPREME COURT OF THE STATE OF NEW YORK Date of Purchase: COUNTY OF KINGS ===========================X SUMMONS RAY JACKSON, Plaintiff designates Plaintiff(s), KINGS County as the place of trial -against- The basis of the venue is: Situs of Occurrence VAN BLARCOM CLOSURES, INC., County of KINGS Defendant(s). ===========================X To the above named defendant(s): YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs Attorneys within 20 days after the service of this summons exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State ofNew York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. Dated: New York, New York June 8, 2020 PETER MAY, ESQ. SUBIN ASSOCIATES LLP Attorneys for Plaintiff Address and Telephone Number - 23rd 150 Broadway p New York, New York 10038 (212) 285-3800 FILE NO.: 31457 Defendants Address: VAN BLARCOM CLOSURES, INC. 156 Sanford St, Brooklyn, NY 11205 1 of 7 FILED: KINGS COUNTY CLERK 07/12/2020 08/05/2022 02:42 04:17 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 1 22 RECEIVED NYSCEF: 07/12/2020 08/05/2022 FILE #: 31457 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------X RAY JACKSON, VERIFIED COMPLAINT Plamtiff(s), -against- VAN BLARCOM CLOSURES, INC., Defendant(s). --------------------------------------------------------------------X Plaintiff, RAY JACKSON, by his attorneys, SUBIN ASSOCIATES LLP as and for a cause of action alleges, upon information and belief, as follows: 1. That at allthe times herein mentioned, and more particularly 7/30/2019, Sanford Street,was and stillis a public roadway in the Borough of Brooklyn., County of Kings., City and State of New York which consisted of a roadway and sidewalks thereat. 2. That said sidewalks were public thoroughfares along and over which the public at large had a right to walk. 3. That at all the times herein mentioned, the defendant VAN BLARCOM CLOSURES, INC., was and stillis a corporation doing business in the State of New York. 4. That at all times herein mentioned, the defendant VAN BLARCOM CLOSURES, INC., was the owner of the premises located at 156 Sanford Street, Brooklyn, New York. 5. That at allthe times herein mentioned, the defendant VAN BLARCOM CLOSURES, INC., its agents, servants and/or employees operated the aforementioned premises and the abutting sidewalks. 6. That at allthe times herein mentioned, the defendant VAN BLARCOM CLOSURES, INC., 2 of 7 FILED: KINGS COUNTY CLERK 07/12/2020 08/05/2022 02:42 04:17 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 1 22 RECEIVED NYSCEF: 07/12/2020 08/05/2022 its agents, servants and/or employees maintained the aforementioned premises and the abutting sidewalks. 7. That at allthe times herein mentioned, the defendant VAN BLARCOM CLOSURES, INC., its agents, servants and/or employees managed the aforementioned premises and the abutting sidewalks. 8. That at allthe times herein mentioned, the defendant VAN BLARCOM CLOSURES, INC., its agents, servants and/or employees controlled the aforementioned premises and the abutting sidewalks. 9. That at allthe times herein mentioned, itwas the duty of the defendant(s) itsagents, servants and/or employees to keep and maintain said sidewalks in a reasonable stateof repair and good and safe condition, and not to sufferand permit said premises to become unsafe and dangerous to pedestrians and/or customers. 10. That on or about 7/30/2019, while plaintiff was lawfully walking on the aforementioned sidewalks, plaintiff RAY JACKSON was caused to falland sustain multiple injuriesby reason of the negligence, carelessness and want of proper care of the defendant(s), itsagents, servants and/or employees. 11. That the said incident and resultinginjuries to the plaintiff were caused through no faultof her own but were solely and wholly caused by reason of the negligence of the defendants, their agents, servants and/or employees in that the defendants suffered, caused and/or permitted and/or allowed portions of said sidewalks, to be, become and remain in a dangerous, defective, hazardous, unsafe, broken, cracked, uneven, holey, chipped, depressed, raised, unsmooth, loose condition and was negligently and/or improperly maintained, and same was otherwise so dangerous, hazardous, and/or unsuitable for use by persons lawfully upon the sidewalks constituting a nuisance and a trap,and permitting same to be and remain in such a dangerous and defective condition for a long period and/or unreasonable period of time; in improperly causing, 3 of 7 FILED: KINGS COUNTY CLERK 07/12/2020 08/05/2022 02:42 04:17 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 1 22 RECEIVED NYSCEF: 07/12/2020 08/05/2022 suffering, permitting and/or allowing improper construction of said sidewalks and in failing to properly maintaining said sidewalks, in permitting and allowing defective repairs on said sidewalks, in failing to apprise and/or warn the public and inparticular the plaintiff of the aforementioned conditions; in failing to place signs, barricades, warnings and/or other devices to apprise persons of the dangerous, unsafe condition thereat; in generally maintaining said sidewalks in such a dangerous defective and/or unsafe condition so as to cause the incident herein complained of; in creating and maintaining a menace, hazard, nuisance and trap thereat; in failing to comply with the laws, statutes,ordinances and regulations made and provided therefor. Plaintiff further relies on the doctrine of Res Ipsa Loquitur. 12. Both actual and constructive notice are claimed. Actual notice in thatthe defendants, their agents, servants and/or employees had actual knowledge and/or created the complained of condition; constructive notice in that the condition existed for a long and unreasonable period of time. 13. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and permanent injuries, has been and willbe caused great bodily injuries and pain, shock, mental anguish; loss of normal pursuits and pleasures of life;has been and isinformed and verilybelieves maybe permanently injured; has and will be prevented from attending to usual duties; has incurred and will incur great expense for medical care and attention;in allto plaintiffs damage in an amount which exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdiction and which warrants the jurisdiction of this Court. WHEREFORE, plaintiff demands judgment against the defendants in an amount which exceeds the jurisdictional limits of all lower courts and which warrants the jurisdiction of this Court; together with the costs and disbursements of this action. DATED: New York, New York June 8, 2020 4 of 7 FILED: KINGS COUNTY CLERK 07/12/2020 08/05/2022 02:42 04:17 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 1 22 RECEIVED NYSCEF: 07/12/2020 08/05/2022 PETER MAY, ESQ. SUBIN ASSOCIATES, LLP Attorneys for Plaintiffs 150 Broadway New York, New York 10038 (212) 285-3800 5 of 7 FILED: KINGS COUNTY CLERK 07/12/2020 08/05/2022 02:42 04:17 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 1 22 RECEIVED NYSCEF: 07/12/2020 08/05/2022 STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) I, the undersigned, an attorney admitted to practice in the courts of New York State, state under penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I have read the foregoing SUMMONS AND COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe to be true. The reason this verification is made by me and not by my client(s), is thatmy client(s) are not presently in the County where I maintain my offices. The grounds of my belief as to all matters not stated upon my own knowledge are the materials in my fileand the investigations conducted by my office. Dated: New York, New York June 8, 2020 PETER MAY, ESQ. 6 of 7 FILED: KINGS COUNTY CLERK 07/12/2020 08/05/2022 02:42 04:17 PM INDEX NO. 512150/2020 NYSCEF DOC. NO. 1 22 RECEIVED NYSCEF: 07/12/2020 08/05/2022 Index No: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS =============================== RAY JACKSON, Plaintiff(s), -against- VAN BLARCOM CLOSURES, INC., Defendant(s). =============================== SUMMONS AND VERIFIED COMPLAINT =============================== SUBIN ASSOCIATES LLP Attorneys for Plaintiff Office and Post Office Address, Telephone - 23rd 150 Broadway New York, New York 10038 (212) 285-3800 File No.: 31457 7 of 7