Preview
FILED: KINGS COUNTY CLERK 11/19/2019 12:39 PM INDEX NO. 524079/2018
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/19/2019
EXHIBIT D
FILED: KINGS COUNTY CLERK 11/19/2019 12:39 PM INDEX NO. 524079/2018
NYSCEF DOC. KINGS
NO. 19 RECEIVEDINDEX NYSCEF:
NO. 524079/2018
11/19/2019
[FILED: COUNTY CLERK 05/07/2019 02:02 PM|
NYSCEF DOC,1 NO. 11 RECEIVED NYSCEF: 05/07/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------X Index No.:524079/18
GLADYS E. LYNCH,
Plaintiff, AMENDED COMPLAINT
-against-
BURLINGTON COAT FACTORY DIRECT
CORPORATION,
BURLINGTON COAT FACTORY OF TEXAS, .
INC.,
Defendants.
-------------------------------------X
Plaintiff by her attorney, STEFANO A. FILIPPAZZO, P.C.,
complaining of the Defendants, respectfully alleges the
following upon information and bel,ief:
BACKGROUND
1. That at all time herein mentioned the .Plaintiff was
and still is a resident of the County of Kings, State of New
York. .
2. That at all times hereinafter mentioned the Defendant
BURLINGTON COAT FACTORY DIRECT CORPORATION, was and still is a
foreign business corporation authorized to conduct business in
the State of New York.
3. That at all times hereinafter mentioned the Defendant
BURLINGTON COAT FACTORY DIRECT CORPORATION, maintained and still
maintains an office for the conducting of its business in the
County of Kings, State of New York.
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4. That at all times hereinafter mentioned the Defendant
BURLINGTON COAT FACTORY OF TEXAS, INC., was and still is a
foreign business corporation authorized to conduct business in
the State of New York.
5. That at all times hereinafter mentioned the Defendant
BURLINGTON COAT FACTORY OF TEXAS, INC., maintained and still
maintains an office for the conducting of its business in the
County of Albany, State of New York.
AS AND FOR A FIRST CAUSE OF ACTION
6. Plaintiff repeats, reiterates and realleges each and
"1" "5"
every allegation contained in paragraphs through
inclusive, as if hereinafter set forth at length.
7. That on July 6, 2017 the Defendant BURLINGTON COAT
FACTORY DIRECT CORPORATION was the owner of THE PREMISES.
8. That on July 6, 2017 the Defendant BURLINGTON COAT
FACTORY DIRECT CORPORATION was the lessor of THE PREMISES. .
9. That on July 6, 2017 'the Defendant BURLINGTON COAT
FACTORY DIRECT CORPORATION was the lessee of THE PREMISES.
10. That on July 6, 2017 the Defendant BURLINGTON COAT
FACTORY DIRECT CORPORATION maintained THE PREMISES.
11. That on July 6, 2017 .the Defendant BURLINGTON COAT
FACTORY DIRECT CORPORATION controlled THE PREMISES.
12. That on July 6, 2017 the Defendant BURLINGTON COAT [
FACTORY DIRECT CORPORATION operated THE PREMISES.
4
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13. That on July 6, 2017 the Defendant BURLINGTON COAT
FACTORY DIRECT CORPORATION maintained the Burlington Coat
Factory located at THE PREMISES.
14. That on July 6, 2017 the Defendant BURLINGTON COAT
FACTORY DIRECT CORPORATION controlled the Burlington Coat
Factory located at THE PREMISES.
15. That on July 6, 2017 the Defendant BURLINGTON COAT
FACTORY DIRECT CORPORATION operated the Burlington Coat Factory
located at THE PREMISES.
16. That on July 6, 2017 while this Plaintiff was lawfully
within THE PREMISES, she was caused to sustain severe personal
injuries as a result of negligence on the part of this
Defendant.
17. That the incident complained of was caused by reason
of the carelessness, recklessness, negligence on part of this
Defendant, its agents, servants and/or employees in the
ownership, maintenance, operation management and control of THE
PREMISES, in that this Defendant failed to provide Plaintiff
with a safe place to walk; in that this Defendant caused the
very incident complained of which was foreseeable; in that this
Defendant created said dangerous conditions; in that this
Defendant had notice of the dangerous and defective conditions;
in that this Defendant failed to remedy said dangerous
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conditions; in that this Defendant was otherwise careless and
negligent.
18. That as a result of the foregoing Plaintiff sustained
severe and painful bodily injuries and shock, was rendered and
continues to be sick, sore, lame and disabled and Plaintiff's
injuries will be permanent. Plaintiff has incurred and will
incur in the future considerable expenses for medical and
hospital care and treatment and has been prevented from
attending her occupation causing a loss of past and future
earnings.
19. That no negligence on the part of the Plaintiff
contributed to the occurrence alleged herein in any manner
whatsoever.
20. This action falls within one or more of the exceptions
set forth in Article 16 of the Civil Practice Law and Rules.
21. That as a result of the foregoing, Plaintiff has been
damaged in a sum exceeding the jurisdictional limits of all
lower courts,
6
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AS AND FOR A SECOND CAUSE OF ACTION
22. Plaintiff repeats, reiterates and realleges each and
"1" "21"
every allegation contained in paragraphs through
inclusive, as if hereinafter set forth at length.
23. That on July 6, 2017 the Defendant BURLINGTON COAT
FACTORY OF TEXAS, INC. was the owner of THE PREMISES.
24. That on July 6, 2017 the Defendant BURLINGTON COAT
FACTORY OF TEXAS, INC. was the lessor of THE PREMISES.
25. That on July 6, 2017 the Defendant BURLINGTON COAT
FACTORY OF TEXAS, INC. was the lessee of THE PREMISES.
26. That on July 6, 2017 the Defendant BURLINGTON COAT
FACTORY OF TEXAS, INC. maintained THE PREMISES.
27. That on July 6, 2017 the Defendant BURLINGTON COAT
FACTORY OF TEXAS, INC. controlled THE PREMISES.
28. That on July 6, 2017 the Defendant BURLINGTON COAT
FACTORY OF TEXAS, INC. operated THE PREMISES.
29. That on July 6, 2017 the Defendant BURLINGTON COAT
FACTORY OF TEXAS, INC. maintained the Burlington Coat Factory
located at THE PREMISES.
30. That on July 6, 2017 the Defendant BURLINGTON COAT
FACTORY OF TEXAS, INC. controlled the Burlington Coat Factory
located at THE PREMISES.
7
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31. That on July 6, 2017 the Defendant BURLINGTON COAT
PACTORY OF TEXAS, INC. operated the Burlington Coat Factory
located at THE PREMISES.
32. That on July 6, 2017 while this Plaintiff was lawfully
within THE PREMISES, she was caused to sustain severe personal
injuries as a result of negligence on the part of this
Defendant.
33. That the incident compl,ained of was caused by reason
of the carelessness, recklessness, negligence on part of this
Defendant, its agents, servants and/or employees in the
ownership, maintenance, operation management and control of THE
PREMISES, in that this Defendant failed to provide Plaintiff
with a safe place to walk; in that this Defendant caused the
very incident complained of which was foreseeable; in that this .
Defendant created said dangerous conditions; in that this
Defendant had notice of the dangerous and defective conditions;
in that this Defendant failed to remedy said dangerous
conditions; in that this Defendant was otherwise careless and
negligent.
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34. That as a result of the foregoing Plaintiff sustained
severe and painful bodily injuries and shock, was rendered and
continues to be sick, sore, lame and disabled and Plaintiff's
injuries will be permanent. Plaintiff has incurred and will
incur in the future considerable expenses for medical and
hospital care and treatment and has been prevented from
attending her occupation causing a loss of past and future
earnings.
35. That no negligence on the part of the Plaintiff
contributed to the occurrence alleged herein in any manner
whatsoever.
36. This action falls within one or more of the exceptions
set forth in Article 16 of the Civil Practice Law and Rules.
37. That as a result of the foregoing, Plaintiff has been
damaged in a sum exceeding the jurisdictional limits of all
lower courts.
WHEREFORE the Plaintiff demands judgment against the
Defendant BURLINGTON COAT FACTORY DIRECT CORPORATION in the
First Cause of Action in the sum exceeding the jurisdictional
limits of all lower courts; Plaintiff demands judgment against
the Defendant BURLINGTON COAT FACTORY OF TEXAS, INC. in the
Second Cause of Action in the sum exceeding the jurisdictional
limits of all lower courts;. together with the costs,
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disbursements and expenses of this action and for such other and
further relief as may be just and proper.
Dated: Brooklyn, New York
May 7, 2019
Yours et .,
STEFANO e FILIPPAZZO, P.C.
By: Stefano A. Filippazzo, Esq.
Attorneys for aintiff
16 Court Street 28th Floor
Brooklyn, New Y rk 11241
P: 718.855.135
To: MALAPERO PRISCO & KLAUBER LLP
Attorneys for Defendants
One North Broadway, Suite 201
White Plains, New York 10601
P: 212.661.7300
10
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Preview
FILED: KINGS COUNTY CLERK 11/19/2019 12:39 PM INDEX NO. 524079/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/19/2019 EXHIBIT D FILED: KINGS COUNTY CLERK 11/19/2019 12:39 PM INDEX NO. 524079/2018 NYSCEF DOC. KINGS NO. 19 RECEIVEDINDEX NYSCEF: NO. 524079/2018 11/19/2019 [FILED: COUNTY CLERK 05/07/2019 02:02 PM| NYSCEF DOC,1 NO. 11 RECEIVED NYSCEF: 05/07/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------X Index No.:524079/18 GLADYS E. LYNCH, Plaintiff, AMENDED COMPLAINT -against- BURLINGTON COAT FACTORY DIRECT CORPORATION, BURLINGTON COAT FACTORY OF TEXAS, . INC., Defendants. -------------------------------------X Plaintiff by her attorney, STEFANO A. FILIPPAZZO, P.C., complaining of the Defendants, respectfully alleges the following upon information and bel,ief: BACKGROUND 1. That at all time herein mentioned the .Plaintiff was and still is a resident of the County of Kings, State of New York. . 2. That at all times hereinafter mentioned the Defendant BURLINGTON COAT FACTORY DIRECT CORPORATION, was and still is a foreign business corporation authorized to conduct business in the State of New York. 3. That at all times hereinafter mentioned the Defendant BURLINGTON COAT FACTORY DIRECT CORPORATION, maintained and still maintains an office for the conducting of its business in the County of Kings, State of New York. 1 of 8 FILED: KINGS COUNTY CLERK 11/19/2019 12:39 PM INDEX NO. 524079/2018 NYSCEF FILED: DOC. KINGS NO. 19 RECEIVEDINDEX NYSCEF: NO. 524079/2018 11/19/2019 COUNTY CLERK 05/07/2019 02:02 PMl. NYSCEF DOC., NO. 11 RECEIVED NYSCEF: 05/07/2019 4. That at all times hereinafter mentioned the Defendant BURLINGTON COAT FACTORY OF TEXAS, INC., was and still is a foreign business corporation authorized to conduct business in the State of New York. 5. That at all times hereinafter mentioned the Defendant BURLINGTON COAT FACTORY OF TEXAS, INC., maintained and still maintains an office for the conducting of its business in the County of Albany, State of New York. AS AND FOR A FIRST CAUSE OF ACTION 6. Plaintiff repeats, reiterates and realleges each and "1" "5" every allegation contained in paragraphs through inclusive, as if hereinafter set forth at length. 7. That on July 6, 2017 the Defendant BURLINGTON COAT FACTORY DIRECT CORPORATION was the owner of THE PREMISES. 8. That on July 6, 2017 the Defendant BURLINGTON COAT FACTORY DIRECT CORPORATION was the lessor of THE PREMISES. . 9. That on July 6, 2017 'the Defendant BURLINGTON COAT FACTORY DIRECT CORPORATION was the lessee of THE PREMISES. 10. That on July 6, 2017 the Defendant BURLINGTON COAT FACTORY DIRECT CORPORATION maintained THE PREMISES. 11. That on July 6, 2017 .the Defendant BURLINGTON COAT FACTORY DIRECT CORPORATION controlled THE PREMISES. 12. That on July 6, 2017 the Defendant BURLINGTON COAT [ FACTORY DIRECT CORPORATION operated THE PREMISES. 4 2 of 8 FILED: KINGS COUNTY CLERK 11/19/2019 12:39 PM INDEX NO. 524079/2018 NYSCEF FILED: DOC. KINGS NO. 19 RECEIVEDINDEX NYSCEF: NO. 52 079/2018 11/19/2019 COUNTY CLERK 05/07/2019 02:02 PM| NYSCEF DOC, NO. 11 RECEIVED NYSCEF: 05/07/2019 13. That on July 6, 2017 the Defendant BURLINGTON COAT FACTORY DIRECT CORPORATION maintained the Burlington Coat Factory located at THE PREMISES. 14. That on July 6, 2017 the Defendant BURLINGTON COAT FACTORY DIRECT CORPORATION controlled the Burlington Coat Factory located at THE PREMISES. 15. That on July 6, 2017 the Defendant BURLINGTON COAT FACTORY DIRECT CORPORATION operated the Burlington Coat Factory located at THE PREMISES. 16. That on July 6, 2017 while this Plaintiff was lawfully within THE PREMISES, she was caused to sustain severe personal injuries as a result of negligence on the part of this Defendant. 17. That the incident complained of was caused by reason of the carelessness, recklessness, negligence on part of this Defendant, its agents, servants and/or employees in the ownership, maintenance, operation management and control of THE PREMISES, in that this Defendant failed to provide Plaintiff with a safe place to walk; in that this Defendant caused the very incident complained of which was foreseeable; in that this Defendant created said dangerous conditions; in that this Defendant had notice of the dangerous and defective conditions; in that this Defendant failed to remedy said dangerous 3 of 8 FILED: KINGS COUNTY CLERK 11/19/2019 12:39 PM INDEX NO. 524079/2018 NYSCEF DOC. KINGS NO. 19 RECEIVEDINDEX NYSCEF: NO. 524079/2018 11/19/2019 IFILED: COUNTY CLERK 05/07/2019 02:02 PM1 NYSC,EF DOC,. NO. 11 RECEIVED NYSCEF: 05/07/2019 conditions; in that this Defendant was otherwise careless and negligent. 18. That as a result of the foregoing Plaintiff sustained severe and painful bodily injuries and shock, was rendered and continues to be sick, sore, lame and disabled and Plaintiff's injuries will be permanent. Plaintiff has incurred and will incur in the future considerable expenses for medical and hospital care and treatment and has been prevented from attending her occupation causing a loss of past and future earnings. 19. That no negligence on the part of the Plaintiff contributed to the occurrence alleged herein in any manner whatsoever. 20. This action falls within one or more of the exceptions set forth in Article 16 of the Civil Practice Law and Rules. 21. That as a result of the foregoing, Plaintiff has been damaged in a sum exceeding the jurisdictional limits of all lower courts, 6 4 of 8 FILED: KINGS COUNTY CLERK 11/19/2019 12:39 PM INDEX NO. 524079/2018 NYSCEF DOC. KINGS NO. 19 RECEIVEDINDEX NYSCEF: NO. 524079/2018 11/19/2019 [ffLED: COUNTY CLERK 05/07/2019 02:02_PM) NYSCEF DOC,. NO. 11 RECEIVED NYSCEF: 05/07/2019 AS AND FOR A SECOND CAUSE OF ACTION 22. Plaintiff repeats, reiterates and realleges each and "1" "21" every allegation contained in paragraphs through inclusive, as if hereinafter set forth at length. 23. That on July 6, 2017 the Defendant BURLINGTON COAT FACTORY OF TEXAS, INC. was the owner of THE PREMISES. 24. That on July 6, 2017 the Defendant BURLINGTON COAT FACTORY OF TEXAS, INC. was the lessor of THE PREMISES. 25. That on July 6, 2017 the Defendant BURLINGTON COAT FACTORY OF TEXAS, INC. was the lessee of THE PREMISES. 26. That on July 6, 2017 the Defendant BURLINGTON COAT FACTORY OF TEXAS, INC. maintained THE PREMISES. 27. That on July 6, 2017 the Defendant BURLINGTON COAT FACTORY OF TEXAS, INC. controlled THE PREMISES. 28. That on July 6, 2017 the Defendant BURLINGTON COAT FACTORY OF TEXAS, INC. operated THE PREMISES. 29. That on July 6, 2017 the Defendant BURLINGTON COAT FACTORY OF TEXAS, INC. maintained the Burlington Coat Factory located at THE PREMISES. 30. That on July 6, 2017 the Defendant BURLINGTON COAT FACTORY OF TEXAS, INC. controlled the Burlington Coat Factory located at THE PREMISES. 7 5 of 8 FILED: KINGS COUNTY CLERK 11/19/2019 12:39 PM INDEX NO. 524079/2018 NYSCEF DOC. KINGS NO. 19 COUNTY CLERK RECEIVEDINDEXNYSCEF: NO. 524079/2018 11/19/2019 [FILED: 05/07/2019 02:02 PM| NYSCEF DOC,. NO. 11 RECEIVED NYSCEF: 05/07/2019 31. That on July 6, 2017 the Defendant BURLINGTON COAT PACTORY OF TEXAS, INC. operated the Burlington Coat Factory located at THE PREMISES. 32. That on July 6, 2017 while this Plaintiff was lawfully within THE PREMISES, she was caused to sustain severe personal injuries as a result of negligence on the part of this Defendant. 33. That the incident compl,ained of was caused by reason of the carelessness, recklessness, negligence on part of this Defendant, its agents, servants and/or employees in the ownership, maintenance, operation management and control of THE PREMISES, in that this Defendant failed to provide Plaintiff with a safe place to walk; in that this Defendant caused the very incident complained of which was foreseeable; in that this . Defendant created said dangerous conditions; in that this Defendant had notice of the dangerous and defective conditions; in that this Defendant failed to remedy said dangerous conditions; in that this Defendant was otherwise careless and negligent. 6 of 8 FILED: KINGS COUNTY CLERK 11/19/2019 12:39 PM INDEX NO. 524079/2018 NYSCEF DOC. KINGS NO. 19 RECEIVEDINDEX NYSCEF: NO. 524079/2018 11/19/2019 FILED: COUNTY CLERK 05/07/2019 02:02 PM| NYSCEF DOCr. NO. 11 RECEIVED NYSCEF: 05/07/2019 34. That as a result of the foregoing Plaintiff sustained severe and painful bodily injuries and shock, was rendered and continues to be sick, sore, lame and disabled and Plaintiff's injuries will be permanent. Plaintiff has incurred and will incur in the future considerable expenses for medical and hospital care and treatment and has been prevented from attending her occupation causing a loss of past and future earnings. 35. That no negligence on the part of the Plaintiff contributed to the occurrence alleged herein in any manner whatsoever. 36. This action falls within one or more of the exceptions set forth in Article 16 of the Civil Practice Law and Rules. 37. That as a result of the foregoing, Plaintiff has been damaged in a sum exceeding the jurisdictional limits of all lower courts. WHEREFORE the Plaintiff demands judgment against the Defendant BURLINGTON COAT FACTORY DIRECT CORPORATION in the First Cause of Action in the sum exceeding the jurisdictional limits of all lower courts; Plaintiff demands judgment against the Defendant BURLINGTON COAT FACTORY OF TEXAS, INC. in the Second Cause of Action in the sum exceeding the jurisdictional limits of all lower courts;. together with the costs, 9 7 of 8 FILED: KINGS COUNTY CLERK 11/19/2019 12:39 PM INDEX NO. 524079/2018 NYSCEF DOC. KINGS NO. 19 COUNTY RECEIVEDINDEX NYSCEF: NO. 524079/2018 11/19/2019 [FILED: CLERK 05/07/2019 02:02 PM) NYSCEF. D,OC-. NO. 11 RECEIVED NYSCEF: 05/07/2019 disbursements and expenses of this action and for such other and further relief as may be just and proper. Dated: Brooklyn, New York May 7, 2019 Yours et ., STEFANO e FILIPPAZZO, P.C. By: Stefano A. Filippazzo, Esq. Attorneys for aintiff 16 Court Street 28th Floor Brooklyn, New Y rk 11241 P: 718.855.135 To: MALAPERO PRISCO & KLAUBER LLP Attorneys for Defendants One North Broadway, Suite 201 White Plains, New York 10601 P: 212.661.7300 10 8 of 8