Preview
FILED: BRONX COUNTY CLERK 10/08/2020
11/30/2020 02:43
11:30 PM
AM INDEX NO. 31551/2020E
NYSCEF DOC. NO. 1
5 RECEIVED NYSCEF: 10/08/2020
11/30/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
Filed: October 8, 2020
JUAN BONAPARTE, INDEX NO.
Plaintiff,
Plaintiff designates Bronx
-against- as the place of trial.
County
CUBESMART MANAGEMENT, LLC, S U M M O N S
Defendant. The basis of venue is
Plaintiff s residence:
710 East 243rd street
Bronx, New York
To the above-named Defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer on the plaintiff s attorneys 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 compl , er with the costs of this action.
Dated: New York, New York
October 8, 2020
TE ENS UB, PLLC
Attorneys or Plaintiff
336 We 37th Street, Suite 430
New . ork, New York 10018
(212 966-7442
CUBESMART MANAGEMENT, LLC
1425 Brackner Blvd
Bronx, New York 10472
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
INDEX NO.
JUAN BONAPARTE,
Plaintiff,
VERIFIED COMPLAINT
-against-
CUBESMART MANAGEMENT, LLC,
Defendant.
Plaintiff, by his attomeys, STEVENS & TRAUB, PLLC, as and for his Verified Complaint,
respectfully alleges, upon information and belief:
1. The plaintiff, JUAN BONAPARTE, at all times herein mentioned was and still is a
resident of the County of Bronx and the State of New York.
2. The defendant, CUBESMART MANAGEMENT, LLC, at all times herein mentioned
was and still is a limited liability corporation doing business in the County of Bronx
and the State of New York.
3. At all times herein mentioned, defendant CUBESMART MANAGEMENT, LLC
transacted business within the State of New York.
4. At all times herein mentioned, defendant CUBESMART MANAGEMENT, LLC
derived substantial revenue from goods used or consumed or services rendered in the
State of New York.
5. At all times herein mentioned, defendant CUBESMART MANAGEMENT, LLC
expected or should reasonably have expected itsacts to have consequences in the State
of New York.
6. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC
operated a storage facility at 1425 Bruckner Blvd, Bronx New York 10472.
7. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC
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owned the premises located at 1425 Bruckner Blvd, Bronx New York 10472.
8. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC
was a lessee of the premises located at 1425 Bruckner Blvd, Bronx New York 10472.
9. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC,
defendant's servants, agents and/or employees operated the premises located at 1425
Bruckner Blvd, Bronx New York 10472.
10. At all times herein merdinned, the defendant CUBESMART MANAGEMENT, LLC,
defendant's servants, agents and/or employees maintained the premises located at 1425
Bruckner Blvd, Bronx New York 10472.
11. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC,
defendant's servants, agents and/or employees managed the premises located at 1425
Bruckner Blvd, Bronx New York 10472.
12. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC,
defendant's servants, agents and/or employees controlled the premises located at 1425
Bruckner Blvd, Bronx New York 10472.
13. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC,
defendant's servants, agents and/or employees supervised the premises located at 1425
Bruckner Blvd, Bronx New York 10472.
14. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC,
defendant's servants, agents and/or employees operated a self-storage facility
(hereinafter "facility") at the premises located at 1425 Bruckner Blvd, Bronx New York
10472.
15. On or before November 15, 2019, the defendant CUBESMART MANAGEMENT,
LLC, defendant's servants, agents and/or employees inspected the premises located at
1425 Bruckner Blvd, Bronx New York 10472, and more particularly, inspected the
2
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contents of a storage unit 2004.
16. On or about July 30th, 2016, the plaintiff, JUAN BONAPARTE leased storage room
number 2004 from the defendant CUBESMART MANAGEMENT, LLC at the
premises located at 1425 Bruckner Blvd, Bronx New York 10472.
17. The Plaintiff JUAN BONAPARTE stored at this facility in room 2004 many personal
items of personal property, including but not limited to 4 urns containing the cremated
remains of his mother, Jenny Bonaparte, Deceased.
18. On or about October 2019 the Plaintiff JUNA BONAPARTE visited his storage facility
after checking in with management. At no time during this visit did any of employees
of the defendant facility indicate or advise they were about to throw away his personal
belongings on room # 2004 or assert a lien pursuant to Lien Law Section 182.
19. In an undated and improper notice of lien, the Defendant CUBESMART
MANAGEMENT, LLC advised that the sum of SEVEN HUNDRED, SEVENTY
($770.00) DOLALRS was due and outstanding, and that unless said sums were paid by
November 19th, 2019, the items in room #2004 at the storage facility would be sold at
auction.
20. At no time did this purported notice comply with Lien Law Section 182(a)(b).
21. On or about November at 3:30 - 4:00 pm the JUAN
15, 2019, approximately plaintiff,
BONAPARTE was lawfully on the aforesaid premises and tendered the full amount of
money due and owing on his store space #2004.
22. On or about November at 3:30 - 4:00 pm the JUAN
15, 2019, approximately plaintiff,
"Honey"
BONAPARTE was advised by (last name unknown) that the entirety of his
belongings in storage space #2004 was discarded.
23. On or about November at 3:30 - 4:00 pm the JUAN
15, 2019, approximately plaintiff,
"Honey"
BONAPARTE was advised by (lastname unknown) that the entirety of his
3
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belongings in storage space #2004 was discarded because her manager advised her that
the Plaintiff JUAN BONAPARTE was dead.
24. On or about November at 3:30 - 4:00 pm the RJAN
15, 2019, approximately plaintiff,
"Honey"
BONAPARTE was advised by (last name unknown) that the entirety of his
belongings in storage space #2004 was discarded because following a detailed
inspection by management of the facility, that included opening each box or other
container contained therein, it was determined that there was nothing of value.
25. At alltimes hereinafter mentioned the personal items contained with room 2004 at said
facility included a box that contained 4 urns in bags with the name and dead of death
of Jenny Bonaparte, deceased.
26. Upon reasonable inspection of the personal property of the Plaintiff JUAN
BONAPARTE maintained in storage room 2004 at said facility, itwas patently obvious
that said possessions included 4 urns containing the cremated remains of the Plaintiff's
mother, Jenny Bonaparte, deceased.
27. At all times hereinafter mentioned, the Defendant CUBESMART MANAGEMENT,
LLC interfered with the Plaintiff JUNA BONAPARTE's Right of Sepulcher.
28. The Plaintiff JUAN BOANPARTE was the son of the decedent Jenny Bonaparte.
29. Pursuant to Public Health Law Section 4201(2)(iii), the Plaintiff JUAN BONAPARTE
was a person entitled to possession of the cremated remains of his mother, Jenny
Bonaparte, Deceased.
30. The Defendant CUBESMART MANAGEMENT, LLC's unlawful actions herein
deprived the Plaintiff JUAN BONAPARTE of the right to immediate access to the
cremated remains of his mother, Jenny Bonaparte, Deceased.
31. The Defendant CUBESMART MANAGEMENT, LLC's unlawful actions herein were
unauthorized by any provision at law.
4
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32. The Defendant CUBESMART MANAGEMENT, LLC's unlawful actions herein were
negligent, reckless, wanton, cruel, illegal, and intentional acts of depravity.
33. On November 15*, 2019 the Plaintiff, JUAN BONAPARTE became aware that the
Defendant CUBESMART MANAGEMENT, LLC's unlawful actions herein resulted
in the cremated remains of his mother, Jenny Bonaparte, Deceased, to be thrown away
into the garbage.
34. As a result of the actions of Defendant CUBESMART MANAGEMENT, LLC, the
Plaintiff JUAN BONAPARTE has been caused great and extreme mental anguish and
emotional distress that the cremated remains of his mother, Jenny Bonaparte, Deceased
have been thrown out into the garbage.
35. In addition, thereto, Defendant CUBESMART MANAGEMENT, LLC's unlawful
actions caused the destruction of personal property, in addition to the tossing of the
cremated remains of the Plaintiff's mother, Jenny Bonaparte, valued at approximately
TEN THOUSAND ($10,000.00) DOLLARS.
"35"
36. Inasmuch as the destruction of said personal property referred to in paragraph
herein was unlawful, and in violation of Lien Law Section 182, the Plaintiff is entitled
to treble damages plus costs, disbursements and attorney's fees in an amount to be
calculated at the conclusion of this case.
37. By reason of the Defendant CUBESMART MANAGEMENT, LLC's negligent,
reckless, wanton, cruel, illegal, and intentional acts of depravity, interfering with the
Plaintiff's Right of Sepulcher, the Plaintiff JUAN BONAPARTE is entitled to punitive
damages.
38. The aforesaid occurrence was caused by the unlawful acts of the defendant,
CUBESMART MANAGEMENT, LLC's without any culpable conduct on the part of
JUAN BONAPARTE.
5
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39. This action falls within one or more of the exceptions set forth in Section 1602 of the
Civil Practice Law and Rules.
40. Due to defendant's negligence, plaintiff is entitled to damages in a sum which exceeds
the jurisdictional limit of all lower Courts which would otherwise have jurisdiction.
WHEREFORE, the plaintiff demands judgment awarding damages, in an amount
exceeding the monetary jurisdictional limits of alllower 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 an proper.
Dated: New York, New York
October 8, 202
: eter . ub, Esq.
TEVE & TRAUB, PLLC
y: Ja b Setterfield Traub, Esq.
tto ys for Plaintiff
36 West 37th Street, Suite 430
New York, New York 10018
(212) 966-7442
6
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
INDEX NO.
JUAN BONAPART,
Plaintiff,
ATTORNEY'S
-against- VERIFICATION
CUBESMART MANAGEMENT, LLC,
Defendant.
Peter P. Traub, Esq., an attorney duly admitted to practice law in the State of New York,
makes the following affirmation under the penalty of perjury:
I am of the firm of STEVENS &. TRAUB, PLLC, the attorneys of record for the plaintiff.
I have read the foregoing 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
that as to those matters, I believe them to be true.
This verification is made by affirmant and not by plaintiff because he isnot in the County
of New York, which is the County where your affirmant maintains offices.
The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
'
are correspondence had with the said plaintiff formation contained in the said plaintiffs file,
which is in affirmant's possession, and othe e ent data relating thereto.
Dated: New York, New York
October 8, 2020
E E . TRAUB, ESQ.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX Index No.
JUAN BONAPART,
Plaintiff,
-against-
CUBESMART MANAGEMENT, LLC,
Defendant.
SUMMONS and VERIFIED COMPLAINT
============-======---¬===-=========___===-========-================
STEVENS & TRAUB, PLLC
Attorneys for Plaintiff
Offìce and Post Office Address and Telephone
336 West 37th Street, Suite 430
New York, New York 10018
(212) 966-7442
9 of 9
Preview
FILED: BRONX COUNTY CLERK 10/08/2020 11/30/2020 02:43 11:30 PM AM INDEX NO. 31551/2020E NYSCEF DOC. NO. 1 5 RECEIVED NYSCEF: 10/08/2020 11/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Filed: October 8, 2020 JUAN BONAPARTE, INDEX NO. Plaintiff, Plaintiff designates Bronx -against- as the place of trial. County CUBESMART MANAGEMENT, LLC, S U M M O N S Defendant. The basis of venue is Plaintiff s residence: 710 East 243rd street Bronx, New York To the above-named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff s attorneys 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 compl , er with the costs of this action. Dated: New York, New York October 8, 2020 TE ENS UB, PLLC Attorneys or Plaintiff 336 We 37th Street, Suite 430 New . ork, New York 10018 (212 966-7442 CUBESMART MANAGEMENT, LLC 1425 Brackner Blvd Bronx, New York 10472 1 of 9 FILED: BRONX COUNTY CLERK 10/08/2020 11/30/2020 02:43 11:30 PM AM INDEX NO. 31551/2020E NYSCEF DOC. NO. 1 5 RECEIVED NYSCEF: 10/08/2020 11/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX INDEX NO. JUAN BONAPARTE, Plaintiff, VERIFIED COMPLAINT -against- CUBESMART MANAGEMENT, LLC, Defendant. Plaintiff, by his attomeys, STEVENS & TRAUB, PLLC, as and for his Verified Complaint, respectfully alleges, upon information and belief: 1. The plaintiff, JUAN BONAPARTE, at all times herein mentioned was and still is a resident of the County of Bronx and the State of New York. 2. The defendant, CUBESMART MANAGEMENT, LLC, at all times herein mentioned was and still is a limited liability corporation doing business in the County of Bronx and the State of New York. 3. At all times herein mentioned, defendant CUBESMART MANAGEMENT, LLC transacted business within the State of New York. 4. At all times herein mentioned, defendant CUBESMART MANAGEMENT, LLC derived substantial revenue from goods used or consumed or services rendered in the State of New York. 5. At all times herein mentioned, defendant CUBESMART MANAGEMENT, LLC expected or should reasonably have expected itsacts to have consequences in the State of New York. 6. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC operated a storage facility at 1425 Bruckner Blvd, Bronx New York 10472. 7. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC 2 of 9 FILED: BRONX COUNTY CLERK 10/08/2020 11/30/2020 02:43 11:30 PM AM INDEX NO. 31551/2020E NYSCEF DOC. NO. 1 5 RECEIVED NYSCEF: 10/08/2020 11/30/2020 owned the premises located at 1425 Bruckner Blvd, Bronx New York 10472. 8. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC was a lessee of the premises located at 1425 Bruckner Blvd, Bronx New York 10472. 9. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC, defendant's servants, agents and/or employees operated the premises located at 1425 Bruckner Blvd, Bronx New York 10472. 10. At all times herein merdinned, the defendant CUBESMART MANAGEMENT, LLC, defendant's servants, agents and/or employees maintained the premises located at 1425 Bruckner Blvd, Bronx New York 10472. 11. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC, defendant's servants, agents and/or employees managed the premises located at 1425 Bruckner Blvd, Bronx New York 10472. 12. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC, defendant's servants, agents and/or employees controlled the premises located at 1425 Bruckner Blvd, Bronx New York 10472. 13. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC, defendant's servants, agents and/or employees supervised the premises located at 1425 Bruckner Blvd, Bronx New York 10472. 14. At all times herein mentioned, the defendant CUBESMART MANAGEMENT, LLC, defendant's servants, agents and/or employees operated a self-storage facility (hereinafter "facility") at the premises located at 1425 Bruckner Blvd, Bronx New York 10472. 15. On or before November 15, 2019, the defendant CUBESMART MANAGEMENT, LLC, defendant's servants, agents and/or employees inspected the premises located at 1425 Bruckner Blvd, Bronx New York 10472, and more particularly, inspected the 2 3 of 9 FILED: BRONX COUNTY CLERK 10/08/2020 11/30/2020 02:43 11:30 PM AM INDEX NO. 31551/2020E NYSCEF DOC. NO. 1 5 RECEIVED NYSCEF: 10/08/2020 11/30/2020 contents of a storage unit 2004. 16. On or about July 30th, 2016, the plaintiff, JUAN BONAPARTE leased storage room number 2004 from the defendant CUBESMART MANAGEMENT, LLC at the premises located at 1425 Bruckner Blvd, Bronx New York 10472. 17. The Plaintiff JUAN BONAPARTE stored at this facility in room 2004 many personal items of personal property, including but not limited to 4 urns containing the cremated remains of his mother, Jenny Bonaparte, Deceased. 18. On or about October 2019 the Plaintiff JUNA BONAPARTE visited his storage facility after checking in with management. At no time during this visit did any of employees of the defendant facility indicate or advise they were about to throw away his personal belongings on room # 2004 or assert a lien pursuant to Lien Law Section 182. 19. In an undated and improper notice of lien, the Defendant CUBESMART MANAGEMENT, LLC advised that the sum of SEVEN HUNDRED, SEVENTY ($770.00) DOLALRS was due and outstanding, and that unless said sums were paid by November 19th, 2019, the items in room #2004 at the storage facility would be sold at auction. 20. At no time did this purported notice comply with Lien Law Section 182(a)(b). 21. On or about November at 3:30 - 4:00 pm the JUAN 15, 2019, approximately plaintiff, BONAPARTE was lawfully on the aforesaid premises and tendered the full amount of money due and owing on his store space #2004. 22. On or about November at 3:30 - 4:00 pm the JUAN 15, 2019, approximately plaintiff, "Honey" BONAPARTE was advised by (last name unknown) that the entirety of his belongings in storage space #2004 was discarded. 23. On or about November at 3:30 - 4:00 pm the JUAN 15, 2019, approximately plaintiff, "Honey" BONAPARTE was advised by (lastname unknown) that the entirety of his 3 4 of 9 FILED: BRONX COUNTY CLERK 10/08/2020 11/30/2020 02:43 11:30 PM AM INDEX NO. 31551/2020E NYSCEF DOC. NO. 1 5 RECEIVED NYSCEF: 10/08/2020 11/30/2020 belongings in storage space #2004 was discarded because her manager advised her that the Plaintiff JUAN BONAPARTE was dead. 24. On or about November at 3:30 - 4:00 pm the RJAN 15, 2019, approximately plaintiff, "Honey" BONAPARTE was advised by (last name unknown) that the entirety of his belongings in storage space #2004 was discarded because following a detailed inspection by management of the facility, that included opening each box or other container contained therein, it was determined that there was nothing of value. 25. At alltimes hereinafter mentioned the personal items contained with room 2004 at said facility included a box that contained 4 urns in bags with the name and dead of death of Jenny Bonaparte, deceased. 26. Upon reasonable inspection of the personal property of the Plaintiff JUAN BONAPARTE maintained in storage room 2004 at said facility, itwas patently obvious that said possessions included 4 urns containing the cremated remains of the Plaintiff's mother, Jenny Bonaparte, deceased. 27. At all times hereinafter mentioned, the Defendant CUBESMART MANAGEMENT, LLC interfered with the Plaintiff JUNA BONAPARTE's Right of Sepulcher. 28. The Plaintiff JUAN BOANPARTE was the son of the decedent Jenny Bonaparte. 29. Pursuant to Public Health Law Section 4201(2)(iii), the Plaintiff JUAN BONAPARTE was a person entitled to possession of the cremated remains of his mother, Jenny Bonaparte, Deceased. 30. The Defendant CUBESMART MANAGEMENT, LLC's unlawful actions herein deprived the Plaintiff JUAN BONAPARTE of the right to immediate access to the cremated remains of his mother, Jenny Bonaparte, Deceased. 31. The Defendant CUBESMART MANAGEMENT, LLC's unlawful actions herein were unauthorized by any provision at law. 4 5 of 9 FILED: BRONX COUNTY CLERK 10/08/2020 11/30/2020 02:43 11:30 PM AM INDEX NO. 31551/2020E NYSCEF DOC. NO. 1 5 RECEIVED NYSCEF: 10/08/2020 11/30/2020 32. The Defendant CUBESMART MANAGEMENT, LLC's unlawful actions herein were negligent, reckless, wanton, cruel, illegal, and intentional acts of depravity. 33. On November 15*, 2019 the Plaintiff, JUAN BONAPARTE became aware that the Defendant CUBESMART MANAGEMENT, LLC's unlawful actions herein resulted in the cremated remains of his mother, Jenny Bonaparte, Deceased, to be thrown away into the garbage. 34. As a result of the actions of Defendant CUBESMART MANAGEMENT, LLC, the Plaintiff JUAN BONAPARTE has been caused great and extreme mental anguish and emotional distress that the cremated remains of his mother, Jenny Bonaparte, Deceased have been thrown out into the garbage. 35. In addition, thereto, Defendant CUBESMART MANAGEMENT, LLC's unlawful actions caused the destruction of personal property, in addition to the tossing of the cremated remains of the Plaintiff's mother, Jenny Bonaparte, valued at approximately TEN THOUSAND ($10,000.00) DOLLARS. "35" 36. Inasmuch as the destruction of said personal property referred to in paragraph herein was unlawful, and in violation of Lien Law Section 182, the Plaintiff is entitled to treble damages plus costs, disbursements and attorney's fees in an amount to be calculated at the conclusion of this case. 37. By reason of the Defendant CUBESMART MANAGEMENT, LLC's negligent, reckless, wanton, cruel, illegal, and intentional acts of depravity, interfering with the Plaintiff's Right of Sepulcher, the Plaintiff JUAN BONAPARTE is entitled to punitive damages. 38. The aforesaid occurrence was caused by the unlawful acts of the defendant, CUBESMART MANAGEMENT, LLC's without any culpable conduct on the part of JUAN BONAPARTE. 5 6 of 9 FILED: BRONX COUNTY CLERK 10/08/2020 11/30/2020 02:43 11:30 PM AM INDEX NO. 31551/2020E NYSCEF DOC. NO. 1 5 RECEIVED NYSCEF: 10/08/2020 11/30/2020 39. This action falls within one or more of the exceptions set forth in Section 1602 of the Civil Practice Law and Rules. 40. Due to defendant's negligence, plaintiff is entitled to damages in a sum which exceeds the jurisdictional limit of all lower Courts which would otherwise have jurisdiction. WHEREFORE, the plaintiff demands judgment awarding damages, in an amount exceeding the monetary jurisdictional limits of alllower 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 an proper. Dated: New York, New York October 8, 202 : eter . ub, Esq. TEVE & TRAUB, PLLC y: Ja b Setterfield Traub, Esq. tto ys for Plaintiff 36 West 37th Street, Suite 430 New York, New York 10018 (212) 966-7442 6 7 of 9 FILED: BRONX COUNTY CLERK 10/08/2020 11/30/2020 02:43 11:30 PM AM INDEX NO. 31551/2020E NYSCEF DOC. NO. 1 5 RECEIVED NYSCEF: 10/08/2020 11/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX INDEX NO. JUAN BONAPART, Plaintiff, ATTORNEY'S -against- VERIFICATION CUBESMART MANAGEMENT, LLC, Defendant. Peter P. Traub, Esq., an attorney duly admitted to practice law in the State of New York, makes the following affirmation under the penalty of perjury: I am of the firm of STEVENS &. TRAUB, PLLC, the attorneys of record for the plaintiff. I have read the foregoing 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 that as to those matters, I believe them to be true. This verification is made by affirmant and not by plaintiff because he isnot in the County of New York, which is the County where your affirmant maintains offices. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge ' are correspondence had with the said plaintiff formation contained in the said plaintiffs file, which is in affirmant's possession, and othe e ent data relating thereto. Dated: New York, New York October 8, 2020 E E . TRAUB, ESQ. 8 of 9 FILED: BRONX COUNTY CLERK 10/08/2020 11/30/2020 02:43 11:30 PM AM INDEX NO. 31551/2020E NYSCEF DOC. NO. 1 5 RECEIVED NYSCEF: 10/08/2020 11/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Index No. JUAN BONAPART, Plaintiff, -against- CUBESMART MANAGEMENT, LLC, Defendant. SUMMONS and VERIFIED COMPLAINT ============-======---¬===-=========___===-========-================ STEVENS & TRAUB, PLLC Attorneys for Plaintiff Offìce and Post Office Address and Telephone 336 West 37th Street, Suite 430 New York, New York 10018 (212) 966-7442 9 of 9