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FILED: NASSAU COUNTY CLERK 11/19/2021 03:28 PM INDEX NO. 601516/2019
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/19/2021
EXHIBIT A
FILED: NASSAU COUNTY CLERK 01/31/2019
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NYSCEF DOC. NO. 1
52 RECEIVED NYSCEF: 01/31/2019
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
Index No.:
Date Purchased:
CHRISTOPHER SAGER,
Plaintiffs designates
Plaintiff, NASSAU County
as the Place of Trial
-against-
The basis of the venue is
Location of the Accident
FRONTPAGE INVESTMENTS d/b/a YOUSEF HABIBIAN
and DREXEL UNIVERSITY, SUMMONS
Defendants- Location:
154 Haven Avenue
Port Washington, 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, or, ifthe complaint is not served with this summons, to serve a notice of appedrà ñce, on the
Plaintiffs Attorney(s) within (20) days afterthe service of this summons, exclusive of the day of
service (or within 30 days after the service is complete ifthis summons is not personally delivered to
you within the State of New York); and in case of your failure to appear or answer; judgñient will be
taken against you by default for the relief demanded in the complaint.
DATED: Westbury, New York
December 28, 2018 EDELMAN, KRASIN & JAYE, PLLC.
BY: 0V14
ALLEN J. OSNER, ESQ.
Attorneys for Plaintiff
7001 Brush Hollow Road, Suite 100
Westbury, New York 11590
(516) 742-9200
Defendants addresses:
FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, 23 Front Street, #1P, Hempstead,
New York 11550
DREXEL UNIVERSITY, 3141 Chestnut Street, Philadelphia, Pennsylvania 19104 (Service Via
Secretary of State)
NOTICE: The nature of this action ispersonal injuries sustained by reason of the negligence of the
defendants. The relief sought is monetary damages. Upon your failure to appear, judgment will be
taken against you by default for the sum of $10,000,000.00 with interest from when the time to
Answer pursuant to the CPLR expires, and the costs of this action.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--- ---------------------------------------x Index No.:
CHRISTOPHER SAGER, Date Purchased:
Plaintiff,
VERIFIED
-against- COMPLAINT
FRONTPAGE INVESTMENTS d/b/a YOUSEF HABIBIAN and
DREXEL UNIVERSITY,
Defendants.
-------------------------x
Plaintiff, by his attorneys, EDELMAN, KRASIN & JAYE, PLLC, complaining of the
defendants, alleges upon information and belief:
1. At alltimes hereinafter mentioned, plaintiff was and stillis a resident of the County
of Nassau, State of New York.
2. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A
YOUSEF HABIBIAN, is a domestic business corporation authorized to do
business in the State of New York.
3. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A
YOUSEF HABIBIAN, is a limited liability corporation authorized to do business
in the State of New York.
4. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A
YOUSEF HABIBIAN, is a sole proprietorship authorized to do business in the
State of New York.
5. At all times herein mentioned, YOUSEF HABIBIAN was doing business as
FRONT PAGE INVESTMENTS.
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6. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A
YOUSEF HABIBIAN, is a resident of Nassau County.
7. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A
YOUSEF HABIBIAN transacted business in the State of New York.
8. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A
YOUSEF HABIBIAN, maintained a place of business located at 23 Front Street,
#1P, Hempstead, New York 11550.
9. On August 1, 2018, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN
owned the premises 154 Haven Avenue, Port Washington, New York 11050 ("the
subject premises").
10. That on and before August 1, 2018, FRONTPAGE INVESTMENTS D/B/A
YOUSEF HABIBIAN leased the subject premises.
11. At all times mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A
YOUSEF HABIBIAN, itsagents, servants and/or employees operated the subject
premises.
12. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A
YOUSEF HABIBIAN, its agents, servants and/or employees managed the subject
premises.
13. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A
YOUSEF HABIBIAN, its agents, servants and/or employees maintained the
subject premises.
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14. At all times mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A
YOUSEF HABIBIAN, itsagents, servants and/or employees controlled the subject
premises.
15. That on or before August 1, 2018, FRONTPAGE INVESTMENTS D/B/A
YOUSEF HABIBIAN, did perform work, labor and/or services at the subject
premises.
16. At all times herein mentioned, plaintiff, CHRISTOPHER SAGER, was an
employee of Jaidan Industries, Inc..
17. That at all times herein mentioned Plaintiff, CHRISTOPHER SAGER, was in the
course of his employment at the subject premises.
18. That on August 1, 2018, plaintiff, CHRISTOPHER SAGER, was lawfully working
at the subject premises as an employee of Jaidan Industries, Inc..
19. That at the aforesaid time and place, the work being performed by plaintiff,
CHRISTOPHER SAGER, at the subject premises was subject to the relevant and
applicable provisions of the Labor Law of the State of New York.
20. That on or about August 1, 2018, plaintiff CHRISTOPHER SAGER, while in the
course of his employment, was performing work at the subject premises, plaintiff
was caused to be injured when a fork-truck and itsappurtenances owned, managed,
maintained and controlled by FRONTPAGE INVESTMENTS D/B/A YOUSEF
HABIBIAN, struck him, causing plaintiff CHRISTOPHER SAGER to sustain
severe and permanent personal injuries.
21. That defendant, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN,
their agents, employees and/or servants negligently, jointly and severally with each
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of the defendants, and failed to provide a safe place for claimant and
carelessly
others to traverse the premises at said location; in failing to install,repair, maintain
and inspect the premises at the aforementioned location; in allowing the premises
to become and remain in a defective, unleveled, depressed, broken, cracked, sunken
and uneven; in failing to post warnings at aforesaid location which was in an unsafe,
broken, dangerous and hazardous condition; in failing to properly construct,
reconstruct, repair and/or maintain the premises; in improperly constructing,
reconstructing, repairing and maintaining the premises in using incorrect materials
to make repairs; in that the premises at the aforesaid location was improperly
constructed causing a dangerous and hazardous condition; in negligently, carelessly
and recklessly hiring, supporting, funding and maintaining the operation of the
work performed on the premises of said location; in causing and permitting the
premises at said location to become and/or remain in an defective, unleveled,
depressed, broken, cracked, sunken and uneven and in a general state of disrepair;
in failing to take proper and adequate measures and precautions to avoid and/or
prevent the happening of the occurrence complained of; in that no barricades, signs
or any other warning devices were set up, and/or posted indicating the dangerous
condition that existed; in failing to reasonably anticipate that persons lawfully upon
said premises could sustain physical injuries by reason of the unsafe, dangerous and
defective condition that existed; in making a special use at the subject location/
thereat; in deriving a special benefit at the subject location/utility/premises thereat;
all of which defendant had prior written notice, due notice, or by reasonable
inspection thereof might and should have had due notice of said condition causing
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the injures to Plaintiff, CHRISTOPHER SAGER.
22. That this action fallswithin one or more of the exceptions as set forth in Article 16
of the CPLR.
23. At alltimes herein mentioned, defendants, FRONTPAGE INVESTMENTS D/B/A
YOUSEF HABIBIAN, were under the duty to provide the plaintiff,
CHRISTOPHER SAGER, with a safe premises, to properly monitor the premises
used and to do all that was necessary to insure that the premises were proper and
safe for plaintiff and all workers at the job site.
24. That said accident and the injuries to CHRISTOPHER SAGER resulting therefrom
were caused solely by the negligence of the defendant FRONTPAGE
INVESTMENTS D/B/A YOUSEF HABIBIAN, and without any negligence on the
part of this plaintiff.
25. That defendants, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN
their employees, agents and/or servants were careless and negligent in the
ownership, operation, maintenance, management and control of the premises in
failure to be cognizant of the defects in the area.
26. That prior to August 1, 2018, the defendants herein, their agents, servants and/or
employees knew, or in the exercise of reasonable care, should have known, that the
dangerous and defective conditions as aforesaid.
27. That prior to August 1, 2018, the defendants herein, their agents, servants and/or
employees caused, permitted and/or allowed the subject premises to be, become
and remain in the aforesaid dangerous and defective condition.
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28. That defendants herein by and through their agents, servants and/or employees
and/or contractors and/or subcontractors had actual notice or knowledge of the
dangerous and defective condition complained of herein and failed to timely and
properly remedy same and provide a safe place for plaintiff CHRISTOPHER
SAGER to work.
29. That defendants herein, by and through their agents, servants and/or employees
and/or contractors and/or subcontractors, had constructive notice and knowledge of
the dangerous and defective conditions complained of herein and failed to timely
and properly remedy same and provide a safe place for plaintiff CHRISTOPHER
SAGER to work.
30. That defendants herein by and through their agents, servants and/or employees
and/or contractors and/or subcontractors created the dangerous and defective
conditions complained of herein.
31. The aforesaid acts of the defendants herein, their agents, servants and/or employees,
constituted a conscious disregard of the substantial, unjustifiable risk of death,
dismemberment and serious injury to the plaintiff as aforesaid, and further
constituted a gross and significant deviation and departure from the standards of
conduct that a reasonable person would have observed under the circumstances.
32. That as a result of the foregoing, plaintiff has been damaged in a sum exceeding the
jurisdictional limits of all lower courts which would otherwise have jurisdiction
over this matter.
33. That by reason of the foregoing, plaintiff, CHRISTOPHER SAGER, sustained
severe and permanent personal injuries and special damages; was rendered sick,
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sore, lame and disabled; was required to seek medical attention; suffered conscious
pain and and will continue to into the suffered medically-
suffering future;
determined injuries; suffered a loss of enjoyment of life;suffered psychological
injuries; suffered financial loss; was caused to expend various sums of money in an
effort to cure himself; and was otherwise damaged.
34. That by reason of the foregoing, plaintiff, CHRISTOPHER SAGER, has been
damaged in a sum exceeding the jurisdictional limits of all lower courts that would
otherwise have jurisdiction over this matter.
AS AND FOR A CAUSE OF ACTION AGAINST DREXEL UNIVERSITY
35. Plaintiff repeats, reiterates and re-alleges each and every allegation of this
"1"
complaint numbered and designated through "34", inclusive with the same force
and effect as though more fully set forth at length herein.
36. At all times herein DREXEL is a not-for-
mentioned, defendant, UNIVERSITY,
profit educational institution duly organized and existing under the laws of the State
of Pennsylvania.
37. That at alltimes herein mentioned, DREXEL UNIVERSITY, is and was a nonprofit
educational institution which normally maintains a regular faculty and curriculum
and normally has a regularly organized body of students in attendance at the place
where its educational activities are carried on as a student in a full-time program
taken for credit at such institution.
38. That on and prior to August 1, 2018, DREXEL UNIVERISTY combines academic
"co-op"
instruction with work experience into a program known as a program.
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"co-op"
39. That the program was approved by Pennsylvania State Commissioner of
Education and regularly operated and supervised by a local board of education.
"co-op"
40. That on and prior to August 1, 2018, DREXEL UNIVERSITY provided a
program for its students.
"co-op" "co-
41. That students in said program were required to complete a number of
ops"
to graduate.
"co-op"
42. That DREXEL UNIVERSITY certified to employers participating in the
program that the work experience was an internship integral to the student's
education.
"co-op"
43. That in and around August, 2018, DREXEL UNIVERISTY offered
locations in New York.
44. That in and around August 2018, DREXEL UNIVERSITY had more than 200
"co-op"
students participating in the program with placements in New York.
"co-op"
45. That DREXEL UNIVERISTY benefits from offering a program in that it
attracts students to attend their school.
"co-op"
46. That DREXEL UNIVERSITY advertised the benefits of a program with
the intention attracting students to their institution.
47. That DREXEL UNIVERISTY received further and other benefits from offering a
"co-op"
program to prospective students.
"working"
48. That during periods in which DREXEL UNIVERSITY students were
"co-op"
through the program, they were still required to pay DREXEL
UNIVERSITY tuition.
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49. That on and prior to August 1, 2018, Jaidan Industries, Inc. participated in the
"co-op"
DREXEL UNIVERSITY program.
50. At all times herein mentioned, Alex Lecomba and Joe Theorakis were students of
DREXEL UNVIERSITY.
51. That on and prior to August 1, 2018, Alex Lecomba and Joe Theorakis participated
"co-op"
in the program through DREXEL UNIVERSITY.
52. That on and prior to August 1, 2018, Alex Lecomba and Joe Theorakis were placed
"co-op"
with Jaidan Industries, Inc. as part of the DREXEL UNIVERSITY
program.
53. That Jaidan Industries, Inc. provided training that would be similar to that which
would be given in an educational environment, including the clinical and other
hands-on training provided by educational institutions.
interns'
54. That the internship with Jaidan Industries, Inc. was tied to the formal
education program by integrated coursework or the receipt of academic credit.
interns'
55. That the internship with Jaidan Industries, Inc. accommodates the academic
commitments by corresponding to the academic calendar.
56. That the internship with Jaidan Industries, Inc. was limited to the period in which
the internship provided them with beneficial learning.
57. That the internship with Jaidan Industries, Inc. complimented, rather than
displaced, the work of paid employees while providing significant educational
benefits to the interns.
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58. That the interns understood that their internship with Jaidan Industries, Inc., and
Jaidan Industries, Inc. understood, that itwas conducted without entitlement to a
paid job at the conclusion of the internship.
59. That defendant DREXEL UNIVERSITY is vicariously responsible for their
students, Alex Lecomba and Joe Theorakis, for their operation, maintenance,
management and control of the fork-truck in failure to be cognizant of the
employees in the area; in transporting said fork-truck at a dangerous and careless
rate speed and failing to bring the same to a stop in order to avoid the happening of
the accident; in failing to operate said fork-truck in accordance with the rules and
regulations; in failing to keep a proper lookout; in disregarding the conditions then
and there existing; in causing plaintiffs injuries; in failing to have said fork-truck
under the reasonable and proper control; in failing to take the necessary means and
precautions to avoid and guard against the happening of the accident; in failing to
transport said fork-truck as reasonable and prudent person would have under the
circumstances then and there existing; in failing to exercise due care and caution in
the operation, management and control of the fork-truck; in failing to comply with
the proper police procedure; in failing to foresee the accident; in disregarding the
rules of safety; and, in failing to give claimant an opportunity to avoid the
happening of this accident.
60. That defendant DREXEL UNIVERSITY is further negligent in failing to properly
assess the work that its students/interns would be doing, which included operation
of a fork-truck; in failing to properly train or educate its students/interns as to the
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proper operation of fork-trucks; and in otherwise failing to assess whether their
students/interns had the educational training necessary to work at such a facility.
61. That prior to August 1, 2018, DREXEL UNIVERSITY, their agents, servants
and/or employees knew, or in the exercise of reasonable care, should have known,
that the dangerous and defective conditions as aforesaid existed at the subject
premises.
62. The aforesaid acts of DREXEL UNIVERISTY, their agents, servants and/or
employees, constituted a conscious disregard of the substantial, unjustifiable risk
of death, dismemberment and serious injury to the plaintiff as aforesaid, and further
constituted a gross and significant deviation and departure from the standards of
conduct that a reasonable person would have observed under the circumstances.
63. That as a result of the foregoing, plaintiff has been damaged in a sum exceeding the
jurisdictional limits of all lower courts which would otherwise have jurisdiction
over this matter.
W H E R E F O R E, plaintiff CHRISTOPHER SAGER demands judgment against
defendants, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN and DREXEL
UNIVERSITY, on all causes of action, in amounts exceeding the jurisdictional limits of all lower
courts and for the costs and disbursements of this action.
Dated: Westbury, New York
December 28, 2018
Yours, etc.,
EDELMAN, KRASIN & JAYE, PLLC
Attorneys for Plaintiff
BY: LT
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ALLEN J. ROSNER, ESQ.
Address & P.O. Address
7001 Brush Hollow Road Ste 100
Westbury, New York
(516) 742-9200
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ATTORNEY VERIFICATION
I,ALLEN J. ROSNER, ESQ., the undersigned, am an attorney admitted to practice
in the Courts of New York State, and say that:
I am the attorney of record, for plaintiff, CHRISTOPHER SAGER, have read the
plaintiff's VERIFIED COMPLAINT, know the contents thereof and the same are true to my
knowledge, except those matters therein which are stated to be alleged on 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 the following:
Books, papers, records in possession.
I affirm that the following statements are true under penalties of perjury.
ALLEN J. IfOSNER
Dated: Westbury, New York
December 28, 2018
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Index No. Enter Index # Here Year
CHRISTOPHER SAGER,
Plaintiff(s),
- against -
FRONTPAGE INVESTMENTS d/b/a YOUSEF HABIBIAN AND DREXEL
UNIVERSITY,
Defendant(s).
ORIGINAL .
SUMMONS & COMPLAINT
EDELMAN, KRASIN.& JAYE, PLLC
Attorneys for Plaintifs
7001 Brush Hollow Road, Suite 1000
Preview
FILED: NASSAU COUNTY CLERK 11/19/2021 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/19/2021 EXHIBIT A FILED: NASSAU COUNTY CLERK 01/31/2019 11/19/2021 03:33 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 1 52 RECEIVED NYSCEF: 01/31/2019 11/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Index No.: Date Purchased: CHRISTOPHER SAGER, Plaintiffs designates Plaintiff, NASSAU County as the Place of Trial -against- The basis of the venue is Location of the Accident FRONTPAGE INVESTMENTS d/b/a YOUSEF HABIBIAN and DREXEL UNIVERSITY, SUMMONS Defendants- Location: 154 Haven Avenue Port Washington, 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, or, ifthe complaint is not served with this summons, to serve a notice of appedrà ñce, on the Plaintiffs Attorney(s) within (20) days afterthe service of this summons, exclusive of the day of service (or within 30 days after the service is complete ifthis summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer; judgñient will be taken against you by default for the relief demanded in the complaint. DATED: Westbury, New York December 28, 2018 EDELMAN, KRASIN & JAYE, PLLC. BY: 0V14 ALLEN J. OSNER, ESQ. Attorneys for Plaintiff 7001 Brush Hollow Road, Suite 100 Westbury, New York 11590 (516) 742-9200 Defendants addresses: FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, 23 Front Street, #1P, Hempstead, New York 11550 DREXEL UNIVERSITY, 3141 Chestnut Street, Philadelphia, Pennsylvania 19104 (Service Via Secretary of State) NOTICE: The nature of this action ispersonal injuries sustained by reason of the negligence of the defendants. The relief sought is monetary damages. Upon your failure to appear, judgment will be taken against you by default for the sum of $10,000,000.00 with interest from when the time to Answer pursuant to the CPLR expires, and the costs of this action. 1 of 15 FILED: NASSAU COUNTY CLERK 01/31/2019 11/19/2021 03:33 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 1 52 RECEIVED NYSCEF: 01/31/2019 11/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --- ---------------------------------------x Index No.: CHRISTOPHER SAGER, Date Purchased: Plaintiff, VERIFIED -against- COMPLAINT FRONTPAGE INVESTMENTS d/b/a YOUSEF HABIBIAN and DREXEL UNIVERSITY, Defendants. -------------------------x Plaintiff, by his attorneys, EDELMAN, KRASIN & JAYE, PLLC, complaining of the defendants, alleges upon information and belief: 1. At alltimes hereinafter mentioned, plaintiff was and stillis a resident of the County of Nassau, State of New York. 2. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, is a domestic business corporation authorized to do business in the State of New York. 3. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, is a limited liability corporation authorized to do business in the State of New York. 4. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, is a sole proprietorship authorized to do business in the State of New York. 5. At all times herein mentioned, YOUSEF HABIBIAN was doing business as FRONT PAGE INVESTMENTS. 2 of 15 FILED: NASSAU COUNTY CLERK 01/31/2019 11/19/2021 03:33 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 1 52 RECEIVED NYSCEF: 01/31/2019 11/19/2021 6. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, is a resident of Nassau County. 7. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN transacted business in the State of New York. 8. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, maintained a place of business located at 23 Front Street, #1P, Hempstead, New York 11550. 9. On August 1, 2018, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN owned the premises 154 Haven Avenue, Port Washington, New York 11050 ("the subject premises"). 10. That on and before August 1, 2018, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN leased the subject premises. 11. At all times mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, itsagents, servants and/or employees operated the subject premises. 12. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, its agents, servants and/or employees managed the subject premises. 13. At alltimes herein mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, its agents, servants and/or employees maintained the subject premises. 3 of 15 FILED: NASSAU COUNTY CLERK 01/31/2019 11/19/2021 03:33 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 1 52 RECEIVED NYSCEF: 01/31/2019 11/19/2021 14. At all times mentioned, defendant, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, itsagents, servants and/or employees controlled the subject premises. 15. That on or before August 1, 2018, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, did perform work, labor and/or services at the subject premises. 16. At all times herein mentioned, plaintiff, CHRISTOPHER SAGER, was an employee of Jaidan Industries, Inc.. 17. That at all times herein mentioned Plaintiff, CHRISTOPHER SAGER, was in the course of his employment at the subject premises. 18. That on August 1, 2018, plaintiff, CHRISTOPHER SAGER, was lawfully working at the subject premises as an employee of Jaidan Industries, Inc.. 19. That at the aforesaid time and place, the work being performed by plaintiff, CHRISTOPHER SAGER, at the subject premises was subject to the relevant and applicable provisions of the Labor Law of the State of New York. 20. That on or about August 1, 2018, plaintiff CHRISTOPHER SAGER, while in the course of his employment, was performing work at the subject premises, plaintiff was caused to be injured when a fork-truck and itsappurtenances owned, managed, maintained and controlled by FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, struck him, causing plaintiff CHRISTOPHER SAGER to sustain severe and permanent personal injuries. 21. That defendant, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, their agents, employees and/or servants negligently, jointly and severally with each 4 of 15 FILED: NASSAU COUNTY CLERK 01/31/2019 11/19/2021 03:33 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 1 52 RECEIVED NYSCEF: 01/31/2019 11/19/2021 of the defendants, and failed to provide a safe place for claimant and carelessly others to traverse the premises at said location; in failing to install,repair, maintain and inspect the premises at the aforementioned location; in allowing the premises to become and remain in a defective, unleveled, depressed, broken, cracked, sunken and uneven; in failing to post warnings at aforesaid location which was in an unsafe, broken, dangerous and hazardous condition; in failing to properly construct, reconstruct, repair and/or maintain the premises; in improperly constructing, reconstructing, repairing and maintaining the premises in using incorrect materials to make repairs; in that the premises at the aforesaid location was improperly constructed causing a dangerous and hazardous condition; in negligently, carelessly and recklessly hiring, supporting, funding and maintaining the operation of the work performed on the premises of said location; in causing and permitting the premises at said location to become and/or remain in an defective, unleveled, depressed, broken, cracked, sunken and uneven and in a general state of disrepair; in failing to take proper and adequate measures and precautions to avoid and/or prevent the happening of the occurrence complained of; in that no barricades, signs or any other warning devices were set up, and/or posted indicating the dangerous condition that existed; in failing to reasonably anticipate that persons lawfully upon said premises could sustain physical injuries by reason of the unsafe, dangerous and defective condition that existed; in making a special use at the subject location/ thereat; in deriving a special benefit at the subject location/utility/premises thereat; all of which defendant had prior written notice, due notice, or by reasonable inspection thereof might and should have had due notice of said condition causing 5 of 15 FILED: NASSAU COUNTY CLERK 01/31/2019 11/19/2021 03:33 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 1 52 RECEIVED NYSCEF: 01/31/2019 11/19/2021 the injures to Plaintiff, CHRISTOPHER SAGER. 22. That this action fallswithin one or more of the exceptions as set forth in Article 16 of the CPLR. 23. At alltimes herein mentioned, defendants, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, were under the duty to provide the plaintiff, CHRISTOPHER SAGER, with a safe premises, to properly monitor the premises used and to do all that was necessary to insure that the premises were proper and safe for plaintiff and all workers at the job site. 24. That said accident and the injuries to CHRISTOPHER SAGER resulting therefrom were caused solely by the negligence of the defendant FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN, and without any negligence on the part of this plaintiff. 25. That defendants, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN their employees, agents and/or servants were careless and negligent in the ownership, operation, maintenance, management and control of the premises in failure to be cognizant of the defects in the area. 26. That prior to August 1, 2018, the defendants herein, their agents, servants and/or employees knew, or in the exercise of reasonable care, should have known, that the dangerous and defective conditions as aforesaid. 27. That prior to August 1, 2018, the defendants herein, their agents, servants and/or employees caused, permitted and/or allowed the subject premises to be, become and remain in the aforesaid dangerous and defective condition. 6 of 15 FILED: NASSAU COUNTY CLERK 01/31/2019 11/19/2021 03:33 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 1 52 RECEIVED NYSCEF: 01/31/2019 11/19/2021 28. That defendants herein by and through their agents, servants and/or employees and/or contractors and/or subcontractors had actual notice or knowledge of the dangerous and defective condition complained of herein and failed to timely and properly remedy same and provide a safe place for plaintiff CHRISTOPHER SAGER to work. 29. That defendants herein, by and through their agents, servants and/or employees and/or contractors and/or subcontractors, had constructive notice and knowledge of the dangerous and defective conditions complained of herein and failed to timely and properly remedy same and provide a safe place for plaintiff CHRISTOPHER SAGER to work. 30. That defendants herein by and through their agents, servants and/or employees and/or contractors and/or subcontractors created the dangerous and defective conditions complained of herein. 31. The aforesaid acts of the defendants herein, their agents, servants and/or employees, constituted a conscious disregard of the substantial, unjustifiable risk of death, dismemberment and serious injury to the plaintiff as aforesaid, and further constituted a gross and significant deviation and departure from the standards of conduct that a reasonable person would have observed under the circumstances. 32. That as a result of the foregoing, plaintiff has been damaged in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this matter. 33. That by reason of the foregoing, plaintiff, CHRISTOPHER SAGER, sustained severe and permanent personal injuries and special damages; was rendered sick, 7 of 15 FILED: NASSAU COUNTY CLERK 01/31/2019 11/19/2021 03:33 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 1 52 RECEIVED NYSCEF: 01/31/2019 11/19/2021 sore, lame and disabled; was required to seek medical attention; suffered conscious pain and and will continue to into the suffered medically- suffering future; determined injuries; suffered a loss of enjoyment of life;suffered psychological injuries; suffered financial loss; was caused to expend various sums of money in an effort to cure himself; and was otherwise damaged. 34. That by reason of the foregoing, plaintiff, CHRISTOPHER SAGER, has been damaged in a sum exceeding the jurisdictional limits of all lower courts that would otherwise have jurisdiction over this matter. AS AND FOR A CAUSE OF ACTION AGAINST DREXEL UNIVERSITY 35. Plaintiff repeats, reiterates and re-alleges each and every allegation of this "1" complaint numbered and designated through "34", inclusive with the same force and effect as though more fully set forth at length herein. 36. At all times herein DREXEL is a not-for- mentioned, defendant, UNIVERSITY, profit educational institution duly organized and existing under the laws of the State of Pennsylvania. 37. That at alltimes herein mentioned, DREXEL UNIVERSITY, is and was a nonprofit educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on as a student in a full-time program taken for credit at such institution. 38. That on and prior to August 1, 2018, DREXEL UNIVERISTY combines academic "co-op" instruction with work experience into a program known as a program. 8 of 15 FILED: NASSAU COUNTY CLERK 01/31/2019 11/19/2021 03:33 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 1 52 RECEIVED NYSCEF: 01/31/2019 11/19/2021 "co-op" 39. That the program was approved by Pennsylvania State Commissioner of Education and regularly operated and supervised by a local board of education. "co-op" 40. That on and prior to August 1, 2018, DREXEL UNIVERSITY provided a program for its students. "co-op" "co- 41. That students in said program were required to complete a number of ops" to graduate. "co-op" 42. That DREXEL UNIVERSITY certified to employers participating in the program that the work experience was an internship integral to the student's education. "co-op" 43. That in and around August, 2018, DREXEL UNIVERISTY offered locations in New York. 44. That in and around August 2018, DREXEL UNIVERSITY had more than 200 "co-op" students participating in the program with placements in New York. "co-op" 45. That DREXEL UNIVERISTY benefits from offering a program in that it attracts students to attend their school. "co-op" 46. That DREXEL UNIVERSITY advertised the benefits of a program with the intention attracting students to their institution. 47. That DREXEL UNIVERISTY received further and other benefits from offering a "co-op" program to prospective students. "working" 48. That during periods in which DREXEL UNIVERSITY students were "co-op" through the program, they were still required to pay DREXEL UNIVERSITY tuition. 9 of 15 FILED: NASSAU COUNTY CLERK 01/31/2019 11/19/2021 03:33 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 1 52 RECEIVED NYSCEF: 01/31/2019 11/19/2021 49. That on and prior to August 1, 2018, Jaidan Industries, Inc. participated in the "co-op" DREXEL UNIVERSITY program. 50. At all times herein mentioned, Alex Lecomba and Joe Theorakis were students of DREXEL UNVIERSITY. 51. That on and prior to August 1, 2018, Alex Lecomba and Joe Theorakis participated "co-op" in the program through DREXEL UNIVERSITY. 52. That on and prior to August 1, 2018, Alex Lecomba and Joe Theorakis were placed "co-op" with Jaidan Industries, Inc. as part of the DREXEL UNIVERSITY program. 53. That Jaidan Industries, Inc. provided training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions. interns' 54. That the internship with Jaidan Industries, Inc. was tied to the formal education program by integrated coursework or the receipt of academic credit. interns' 55. That the internship with Jaidan Industries, Inc. accommodates the academic commitments by corresponding to the academic calendar. 56. That the internship with Jaidan Industries, Inc. was limited to the period in which the internship provided them with beneficial learning. 57. That the internship with Jaidan Industries, Inc. complimented, rather than displaced, the work of paid employees while providing significant educational benefits to the interns. 10 of 15 FILED: NASSAU COUNTY CLERK 01/31/2019 11/19/2021 03:33 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 1 52 RECEIVED NYSCEF: 01/31/2019 11/19/2021 58. That the interns understood that their internship with Jaidan Industries, Inc., and Jaidan Industries, Inc. understood, that itwas conducted without entitlement to a paid job at the conclusion of the internship. 59. That defendant DREXEL UNIVERSITY is vicariously responsible for their students, Alex Lecomba and Joe Theorakis, for their operation, maintenance, management and control of the fork-truck in failure to be cognizant of the employees in the area; in transporting said fork-truck at a dangerous and careless rate speed and failing to bring the same to a stop in order to avoid the happening of the accident; in failing to operate said fork-truck in accordance with the rules and regulations; in failing to keep a proper lookout; in disregarding the conditions then and there existing; in causing plaintiffs injuries; in failing to have said fork-truck under the reasonable and proper control; in failing to take the necessary means and precautions to avoid and guard against the happening of the accident; in failing to transport said fork-truck as reasonable and prudent person would have under the circumstances then and there existing; in failing to exercise due care and caution in the operation, management and control of the fork-truck; in failing to comply with the proper police procedure; in failing to foresee the accident; in disregarding the rules of safety; and, in failing to give claimant an opportunity to avoid the happening of this accident. 60. That defendant DREXEL UNIVERSITY is further negligent in failing to properly assess the work that its students/interns would be doing, which included operation of a fork-truck; in failing to properly train or educate its students/interns as to the 11 of 15 FILED: NASSAU COUNTY CLERK 01/31/2019 11/19/2021 03:33 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 1 52 RECEIVED NYSCEF: 01/31/2019 11/19/2021 proper operation of fork-trucks; and in otherwise failing to assess whether their students/interns had the educational training necessary to work at such a facility. 61. That prior to August 1, 2018, DREXEL UNIVERSITY, their agents, servants and/or employees knew, or in the exercise of reasonable care, should have known, that the dangerous and defective conditions as aforesaid existed at the subject premises. 62. The aforesaid acts of DREXEL UNIVERISTY, their agents, servants and/or employees, constituted a conscious disregard of the substantial, unjustifiable risk of death, dismemberment and serious injury to the plaintiff as aforesaid, and further constituted a gross and significant deviation and departure from the standards of conduct that a reasonable person would have observed under the circumstances. 63. That as a result of the foregoing, plaintiff has been damaged in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this matter. W H E R E F O R E, plaintiff CHRISTOPHER SAGER demands judgment against defendants, FRONTPAGE INVESTMENTS D/B/A YOUSEF HABIBIAN and DREXEL UNIVERSITY, on all causes of action, in amounts exceeding the jurisdictional limits of all lower courts and for the costs and disbursements of this action. Dated: Westbury, New York December 28, 2018 Yours, etc., EDELMAN, KRASIN & JAYE, PLLC Attorneys for Plaintiff BY: LT 12 of 15 FILED: NASSAU COUNTY CLERK 01/31/2019 11/19/2021 03:33 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 1 52 RECEIVED NYSCEF: 01/31/2019 11/19/2021 ALLEN J. ROSNER, ESQ. Address & P.O. Address 7001 Brush Hollow Road Ste 100 Westbury, New York (516) 742-9200 13 of 15 FILED: NASSAU COUNTY CLERK 01/31/2019 11/19/2021 03:33 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 1 52 RECEIVED NYSCEF: 01/31/2019 11/19/2021 ATTORNEY VERIFICATION I,ALLEN J. ROSNER, ESQ., the undersigned, am an attorney admitted to practice in the Courts of New York State, and say that: I am the attorney of record, for plaintiff, CHRISTOPHER SAGER, have read the plaintiff's VERIFIED COMPLAINT, know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on 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 the following: Books, papers, records in possession. I affirm that the following statements are true under penalties of perjury. ALLEN J. IfOSNER Dated: Westbury, New York December 28, 2018 14 of 15 FILED: NASSAU COUNTY CLERK 01/31/2019 11/19/2021 03:33 03:28 PM INDEX NO. 601516/2019 NYSCEF DOC. NO. 1 52 RECEIVED NYSCEF: 01/31/2019 11/19/2021 Index No. Enter Index # Here Year CHRISTOPHER SAGER, Plaintiff(s), - against - FRONTPAGE INVESTMENTS d/b/a YOUSEF HABIBIAN AND DREXEL UNIVERSITY, Defendant(s). ORIGINAL . SUMMONS & COMPLAINT EDELMAN, KRASIN.& JAYE, PLLC Attorneys for Plaintifs 7001 Brush Hollow Road, Suite 1000