Preview
FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021
EXHIBIT A
FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS Date Purchased:
---- -----------------------------------X
CHAIM BERKOWITZ,
SUMMONS
Plaintiff,
Plaintiff designates KINGS
-against-
County as the place of trial.
YESHUAS MOSHE D'VIZNITZ, INSTITUTE FOR
The basis of venue is:
THE PROMOTION OF JEWISH EDUCATION, INC.,
Plaintiffs residence
ISRAEL J. GOTTESMAN A/K/A RABBI ISRAEL J.
Plaintiff resides at:
GOTTESMAN, JACOB KIFFEL A/K/A RABBI JACOB
125 Taylor Street #2D
KIFFEL AND JACOB KAPOLOWITZ A/K/A RABBI
Brooklyn, New York 11249
JACOB KAPOLOWITZ,
Defendants.
---------------------------------X
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, if the complaint is not served with this summons, to serve a notice of
appearance on the Plaintiffs attorneys within twenty days after the service of this summons,
exclusive of the day of service, where service ismade by delivery upon you pemonally within the
state,or, within 30 days after completion of service where service is made in any other manner
In case of your failure to appear or answer, judgment will be taken against you by default for the
relief demanded in the complaint.
Dated: NEW YORK, NEW YORK
January 17, 2019
CHERYL FDC IS, ESQ.
Fuchs Rosenzweig PLLC
11 Bmadway, Suite 570
New York, NY 10004
(212) 933.9901
Our File No.: 999.11107.3CF
TO:
Yeshuas Moshe D'Viznitz
9 Nancy Lane
Monsey, New York 10952
Institute for the Promenon of Jewish Education, Inc.
9 Nancy Lane
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NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021
Monsey, New York 10952
Israel J. Gottesman
a/k/a Rabbi Israel J. Gottesman
9 Nancy Lane,
Monsey, New York 10952
Jacob Kiffel
a/k/a Rabbi Jacob Kiffel
96
1134 East Street
Brooklyn, New York 11230
Jacob Kapolowitz
a/k/a Rabbi Jacob Kapolowitz
53rd
1253 Street
Brooklyn, New York 11234
2
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NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
.. X
CHAlM BERKOWITZ, Index No.:
Date Purchased:
Plaintiff,
VERIFIED COMPLAINT
-against-
YESHUAS MOSHE D'VIZNITZ, INSTITUTE FOR
THE PROMOTION OF JEWISH EDUCATION, INC.,
ISRAEL J. GOTTESMAN A/K/A RABBI ISRAEL J.
GOTTESMAN, JACOB KIFFEL A/K/A RABBI JACOB
KIFFEL AND JACOB KAPOL OWITZ A/K/A RABBI
JAC OB KAPOLOWITZ,
Defendant.
----.__________. --- .--------X
Plaintiff, by his attorneys, FUCHS ROSENZWEIG PLLC, comp!±ing of the
Dafendent, respectfully alleges, upon infounation and belief,as follows:
L Upon information and belief, Defendant YESHUAS MOSHE D'VIZNITZ,
was and stillisa domestic corporation duly organized and existing under and by virtue of the laws
of the State of New York.
2. Upon information and belief, Defendant YESHUAS MOSHE D'VIZNITZ,
was and stillis a foreign corporation duly authorized to do business in the State of New York.
3. Upon infc=±en and belief, Defendant YESHUAS MOSHE D'VIZNITZ,
was a partnership authorized to do bwna•• in the State of New York.
duly
4. On Dahdant YESHUAS MOSHE owned the
May 10, 2018, D'VIZNITZ,
premises known as 9 Nancy Lane Monsey, NY 10952.
5. That on May 10, 2018, the defendant, YESHUAS MOSHE D'VIZNITZ,
operatedthe aforesaid premises and itssunounding areas.
6. That on May 10, 2018, the defendant, YESHUAS MOSHE D'VIZNITZ,
managed the aforesaid premises and itssurrc=ding areas.
7. That on May 10, 2018, the defendant, YESHUAS MOSHE D'VIZNITZ,
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NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021
maintained the aforessid premises and itssurrounding areas.
8. That on May 10, 2018, the defwant, YESHUAS MOSHE D'VIZNITZ,
controlled the aforesaid premises and itssurrounding areas.
9. That on May 10, 2018, the defendant, YESHUAS MOSHE D'VIZNITZ,
supervised the aforesaid premises.
10. Upon information and belief, Defendant INSTITUTE FOR THE
PROMOTION OF JEWISH EDUCATION, INC., was and stillis a domestic not for profit
corporation duly organized and existing under and by virtue of the laws ofthe State ofNew York.
11. Upon information and belief, Defendant INSTITUTE FOR THE
PROMOTION OF JEWISH EDUCATION, INC., was and stillis a foreign corporation duly
authorized to do business in the State ofNew York.
12. Upon information and Daraada=+ INSTITUTE FOR THE
belief,
PROMOTION OF JEWISH EDUCATION, INC., was a parbarahip duly authorized to do
business in the State of New York.
13. On May 10, 2013, Defendant INSTITUTE FOR THE PROMOTION OF
JEWISH EDUCATION, INC., owned the p=ises known as 9 Nancy Lane Moñsey, NY
10952.
14. On May 10, 2018, Defendant INSTITUTE FOR THE PROMOTION OF
JEWISH EDUCATION, INC., leased the premises known as 9 Nancy Lane Monsey, NY
10952.
15. That on May 10, 2018, the defendant, INSTITUTE FOR THE PROMOTION
OF JEWISH EDUCATION, INC., operated the aforesaid premises and itssurrounding areas.
16. That on May 10, 2018, the defendant, INSTITUTE FOR THE PROMOTION
OF JEWISH EDUCATION, INC., m::rs.ged the aforesaid panices and itssurmsading areas.
17. That on May 10, 2018, the defedant, INSTITUTE FOR THE PROMOTION
2
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OF JEWISH EDUCATION, INC., -Waad the aforesaid premises and its surrounding
areas.
18. That on May 10, 2018, the defendant, INSTITUTE FOR THE PROMOTION
OF JEWISH EDUCATION,INC., controlled the aforesaid premises and itssurr~r ing areas.
19. That on May 10, 2018, the defendant, INSTITUTE FOR THE PROMOTION
OF JEWISH EDUCATION, INC., supervised the aforesaid premises,
20. Upon information and belief, Defendant ISRAEL GOTTESMAN A/K/A
RABBI ISRAEL GOTTESMAN, was a director of the INSTITUTE FOR THE
PROMOTION OF JEWISH EDUCATION, INC. on May 10, 2018.
21. On May 10, 2018, defendant- ISRAEL GOTTESMAN A/K/A RABBI
ISRAEL GOTTESMAN, owned the premises known as 9 Nancy Lane Monsey, NY 10952.
22. On May 10, 2018, defendent, ISRAEL GOTTESMAN A/K/A RABBI
ISRAEL GOTTESMAN, leased the premises known as 9Nancy Lane Monsey, NY 10952.
23. That on May 10, 2018, the defendant, ISRAEL GOTTESMAN A/K/A RABBI
ISRAEL GOTTESMAN, aparated the aforesaid premises and itssurrouñdiñg areas.
24. That on May 10, 2018, the defêñd:21, ISRAEL GOTTESMAN A/K/A RABBI
ISRAEL GOTTESMAN, managed the aforesaid premises and itssurrounding areas.
25. That on May 10, 2018, the defendant, ISRAEL GOTTESMAN A/K/A RABBI
ISRAEL GOTTESMAN, maintained the aforesaid premises and itssurrounding areas.
26. That on May 10, 2018, the defendant ISRAEL GOTTESMAN A/K/A RABBI
ISRAEL GOTTESMAN, controlled the aforesaid premises and itssurrounding areas.
27. That on May 10, 2018, the defendant, ISRAEL GOTTESMAN A/K/A RABBI
ISRAEL GOTTESMAN, supervised the aforesaid premises.
28. Upon information and belief, Defendant JACOB KIFFEL A/K/A RABBI
JACOB KIFFEL, was a director of the INSTITUTE FOR THE PROMOTION OF
3
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JEWISH EDUCATION, INC. on May 10, 2018.
29. On May 10, 2018, defendant, JACOB KIFFEL A/K/A RABBI JACOB
KIFFEL, owned the premises known as 9 Nancy Lane Monsey, NY 10952.
30. On May 10, 2018, defendant, JACOB KIFFEL A/K/A RABBI JACOB
KIFFEL, leased the premises known as 9 Nancy Lane Monsey, NY 10952.
3L That on May 10, 2018, the defendant, JACOB KIFFEL A/K/A RABBI
JACOB KIFFEL, operated the aforesaid premises and itssurrounding areas.
32. That on May 10, 2018, the defendant, JACOB KIFFEL A/K/A RABBI
JACOB KIFFEL, managed the aforesaid premises and itssurrounding areas.
33. That on May 10, 2018, the defendant, JACOB KIFFEL A/K/A RABBI
JACOB KIFFEL, maintained the aforesaid premises and itssurrounding areas.
34. That on May 10, 2018, the defendant, JACOB K1FFEL A/K/A RABBI
JACOB KIFFEL, controlled the aforesaid premises and itssurrounding areas.
35. That on May 10, 2018, the defendant, JACOB KIFFEL A/K/A RABBI
JACOB KIFFEL, supervised the aforesaid premises.
36. Upon information and belief, Defendant JACOB KAPOLOWITZ A/K/A
RABBI JACOB KAPOLOWITZ, was a director of the INSTITUTE FOR THE
PROMOTION OF JEWISH EDUCATION, INC. on May 10, 2018.
37. On May 10, 2018, defendant, JACOB KAPOLOWITZ A/K/A RABBI
JACOB KAPOLOWITZ, owned the premises known as 9 Nancy Lane Monsey, NY 10952.
38. On May 10, 2018, defendant, JACOB KAPOLOWITZ A/K/A RABBI
JACOB KAPOLOWITZ, leased the premises known as 9Nancy Lane Monsey, NY 10952.
39. That on May 10, 2018, the defendant, JACOB KAPOLOWITZ A/K/A
JACOB operated afa=cau premises and its areas.
RABBI KAPOLOWITZ, the surrc±g
40. That on May 10, 2018, the defendant, JACOB KAPOLOWITZ A/K/A RABBI
4
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JACOB KAPOLOWITZ, managed the aforesaid premises and itssurrounding areas.
41. That on May 10, 2018, the defendant, JACOB KAPOLOWITZ A/K/A RABBI
JACOB KAPOLOWITZ, indatdned the aforesaid premises and itssurrounding areas.
42. That on May 10, 2018, the defendant, JACOB KAPOLOWITZ A/K/A RABBI
JACOB KAPOLOWITZ, controlled the aforesaid premises and itssurrounding areas.
43. That on May 10, 2018, the defendant, JACOB KAPOLOWITZ A/K/A RABBI
JACOB KAPOLOWITZ, supervised the aforesaid premises.
44. That on May 10, 2018, the plaintiff CHAIM BERKOWITZ was lawfully
present at the aforesaid premises.
45. That at all the times hereinafter mentioned the defendant had the duty of
maintdning the aforesaid premises and surrounding area in a safe and proper condition, free of
hazards, traps, nuisances and defects.
46. On May 10, 2018, while plaintiff was lawfúlly traversing the premises located at
9 Nancy Lane Monsey, New York he was caused to falland sustain serious personal injuries.
47. That said occurrence was caused by reason of the negligence, carelessness and
recklessness of the defendant in the ownership, operation, management, maintenance, supervision
aforementioned·
and control of the aforesaid premises at the place in allowiñg suffering and
permitting said premises and a portion thereof to be and remain in a dangemus, broken and
hazardous candition; in allowing said p=ises to fallinto disrepair; in that said premises was and
rem±ed in a dangerous condition and defective state cc=±±g an unreasonable, actual and
potcñtial and menace likely to cause severe and serious personal injuries to patrons thereat
trap
and did actually cause said injuries of this plaintiff, in failing to take reasonable and adequate
precanHow and measures to prevent the said occurrence; in failing to place waming signs or
barricades about the dangerous condition; in failing to have competent help or cmployees who
would prevent the occurrence and negligent condition; in failing to conduct reasonable and proper
5
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incpae*ione of said in to provide protection or protective devices to protect
premises; failing
plaintiff or person similarly sitüâted; the conduct of the defendants as aforesaid was wanton,
willful and with conscious disregard for the rights, safety and wellbeing of the plaintiff and
others similarly situated.
48. That by reason of foregoing, the plaintiff, was rendered sick, sore, lame and
disabled, and suffered severe, painful and permanent injuries to various parts of his parcon, with
accompanying pain; that he condnues to be sick, sore, lame and disabled, and upon information
and belief, he will conunne to be sick, sore, lame and disabled, for a long time to come and was
required to receive hospital and medical treatment and attention for his injuries and was unable
and shall continue to be unable to pursue his usual pursuits, activities and employment.
49. That by reason of the foregoing, plaintiff has been damaged in a sum that
exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction of
this action.
50. That as a result of the foregoing plaintiff was caused to sustain severe
solely
and permanent personal injuries.
51. That defendant, YESHUAS MOSHE D'VIZNITZ, had actual notice of the
defective/dangerous condition.
52. That defendant, YESHUAS MOSHE D'VIZNITZ, had constructive notice of
the defective/dangerous condition.
53. That defenda% YESHUAS MOSHE D'VIZNITZ, caused and created the
defective/dangerous condition.
54. That defendant, INSTITUTE FOR THE PROMOTION OF JEWISH
EDUCATION, INC., had actual notice of the defective/dangerous condition.
55. That defendant, INSTITUTE FOR THE PROMOTION OF JEWISH
EDUCATION, INC., had constructive notice of the defective/dangerous condition.
6
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56. That defendant, INSTITUTE FOR THE PROMOTION OF JEWISH
EDUCATION, INC., caused and created the defective/dangerous condition.
57. That defendant, ISRAEL GOTTESMAN A/K/A RABBI ISRAEL
GOTTESMAN, had actual notice of the defective/dañgerous condition.
58. That defendant, ISRAEL GOTTESMAN A/K/A RABBI ISRAEL
GOTTESMAN, had constructive notice of the defective/dangerous condition.
59. That defendant, ISRAEL GOTTESMAN A/K/A RABBI ISRAEL
GOTTESMAN, caused and created the defective/dangerous condition.
60. That defendant, JACOB KIFFEL A/K/A RABBI JACOB KIFFEL, had
actual notice of the defective/dangerous condition.
61. That defendant, JACOB KIFFEL A/K/A RABBI JACOB KIFFEL, had
constructive notice of the defective/dangerous condition.
62. That defendant, JACOB KIFFEL A/K/A RABBI JACOB KIFFEL, caused
and created the defective/dangerous condition.
63. That defandant, JACOB KAPOLOWITZ A/K/A RABBI JACOB
KAPOLOWITZ, had actual notice of the defectivc/dangerous condition.
64. That defendant, JACOB KAPOLOWITZ A/K/A RABBI JACOB
KAPOLOWITZ, had constructive notice of the defective/dangerous condition.
65. That defendant, JACOB KAPOLOWITZ A/K/A RABBI JACOB
KAPOLOWITZ, caused and created the defective/dangerous condition.
66. Plaintiff herewith demands a trialby jury.
WHEREFORE, Plaintiff CHAIM BERKOWITZ demands judgment including
compañsatory damages againstthe Defendants in a sum of money having a present value which
exceeds the jurisdictional limits of all lower courts which would otherwisc have jurisdiction in
this matter.
7
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NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021
Dated: New York, New York
January 17, 2019
CHERYL FUCHS, ESQ
Fuchs Rosenzweig PLLC
Attorney for Plaintiff
11 Broadway, Suite 570
New York, NY 10004
(212) 933.9901
Our File No.: 999.11107.3CF
8
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NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021
V E R I F I C A T I O N
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
The undersigned, being an attorney duly admitted to practice in the Courts of the State of
New York, affirms under the penalties ofperjury; that I the attorney for the plaintiff in the within
action.
That I have read and know the contents of the foregoing summons and complaint and that
the same is trueto my own knowledge, except as to the matters therein stated to be alleged upon
iñf=ation and belief,and as to those matters I believe itto be true.
This verification ismade by affirmant and not by the plaintiff herein because the plaintiff
isnot within the county where affirmant maintaine her office.
This verification is based on information furnished to affirmant by the plaintiff is this
action and information contained in affumant's file.
Dated: January 17, 2019
New York, NY
Cheryl Fuchs, Esq.
9
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NO.
INDEXNYSCEF: 501262/2019
NYSCEF
|FILED: DOC. KINGS
NO. 22 COUNTY CLERK 03{26/2019 04:43 PM RECEIVED 06/02/2021
NYSCEF DOC. NO. 2 R 26/2019
Form 27 - AFFIDAVIT OF SERVICE
P1179654
FUCES ROSENENEIG PLLC ATTORNEYS
SUPREME COURT ALBANY COUNTY STATE OF NEW YORK
index No.
CHAIM BERKOWITZ
501262/ 2019
PLAINTIFF Date Filed
- vs - Office No . 999.11107.3CF
YESHUAS MOSHE D'VIZNITZ, ETAL Court Date.
DEFENDANT
STATE OF NEN YORK, COUNTY OF NEW YORK :SS:
nanL 101IGHT being duly sworn, deposes and says; I am over 18 years of age, not a party to
this action, and reside in the State of New York. That on the 09TB day of FEBRUARY, 2019
7:45PN at
9 NANCY LANE
MONSEY NY 10952
I served a true copy of the NOTICE OF ELECTRONIC FILING, SURSAONS AND VERIFIED COMPIAINT upon
INSTITDTE FOR THE PRONOTION OF JENISB EDUCATION, INC. the DEFENDANT therein named by delivering
to, and leaving personally with YAEOV SCHNARTE, AUTHORIZED TO ACCEPT a true copy of each
thereof.
Deponent describes the person served as aforesaid to the best of deponent's ability at the time
and circumstances of the service as follows:
SEX: NALE COLOR: NRITE HAIR: BRONN
APP.AGE: 40 APP. HT: 5''8 APP. WT: 180
OTHER IDENTIFYING FEATURES
COMMENTS:
Sworn to before me t is
13TH day of FEBRUARY, 2019
PM Legal, LLC
SELENA INES ADAMES 75 MAIDEN LANE llTH LOOR
Notary Public, Stat of New York NEW YORK, NY 1003
No. 01AD6365042 Reference No: 3- P -1179654
Qualified in NEW YORK COUNTY
Commission Expires 09/25/2021
1 of 1
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NYSCEF DOC. KINGS
NO. 22 COUNTY RECEIVED NO.
INDEXNYSCEF: 501262/2019
06/02/2021
[FILED: CLERK 03/26/2019 04:43 PM1
NYSCEF DOC. NO. 4 R . - 26/2019
Form 2 - AFFIDAVIT OF SERVICE
Pi179639
FUCHS ROSENEWEIG PI.LC ATTORNEYS
SUPREME COURT ALBANY COUNTY STATE OF NEW YORK
CHAIM BERKOWITZ
PLAINTIFF Date Filed
- vs - Office No. 999.11107.3CF
YESHUAS MOSHE D'VIZNITZ, ETAL Court Date.
.......... DEFENDANT
STATE OF NEW YORK, COUNTY OF NEW ÏORK :SS:
DAMML KNIGHT being duly sworn, deposes and says; I am over 18 years of age, not a to
party
this action, and reside in the State of New York. That on the 09TH day of FEBRUARY 2019, 7:45PM
at 9 NANCY IANE
NONSEY NY 10952
I served the NOTICE OF ELECTRONIC FILING , SUMMONS AND VERIFIED COMPLAINT
upon YESEUAS MOSHE D'VIENITE
the DEFENDANT therein named by delivering and leaving a true copy or copies of the
a forementioned documents with YAKOV SCHWARTZ, CO-TENANT,a person of suitable age and
discretion .
Deponent describes the person served as aforesaid to the best of deponent's ability at the time
and circumstances of the service as follows:
SEX: MALE COLOR: WRITE HAIR: BROWN
APP.AGE: 40 APP. HT: 5''8 APP. WT: 180
OTHER IDENTIFYING FEATURES
BEARD GLASSES
On 02/13/2019 I deposited in the United States mail another true copy of the aforementioned
documents properly enclosed and sealed in a post-paid wrapper addressed to the said DEFENDANT
at the above address. That being
upon information and belief, the usual place of abode, last known residence of the DEFENDANT.
Copy mailed 1st class mail marked personal and confidential not indicating on the outside
thereof by return address or otherwise that said notice is from an attorney or concerns an
action against the person to be served.
COMMENTS:
That at the time of service, as aforesaid, I asked the person spoken to whether the DEFENDANT
was in the mi l itary service of the United States Government, or of the State of New York, and
received a negative reply. Upon information and belief based upon the conversation and
observation as aforesaid I aver that the DEFENDANT is not in the military service, and is not
dependent on anyone in the military service of the Onited States Government or the State of New
York, as that term is defined in statutes of the State of New York, or of the Federal Soldiers
and Sailors Civilian Act.
Sworn to before me t is
13TH day of FEBRUARY 2019
DANXEL KNIGHT
PM Legal, LLC
SELENA INES ADAM S 75 MAIDEN LANE 1T LOOR
Notary Public, St te f New York NEW YORK, NY
No. 01AD6365042 Reference No: -FRPLLC-1179639
Qualified in NEW YOR COUNTY
Commission Expires 09/25/2021
1 of 1
Preview
FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021 EXHIBIT A FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS Date Purchased: ---- -----------------------------------X CHAIM BERKOWITZ, SUMMONS Plaintiff, Plaintiff designates KINGS -against- County as the place of trial. YESHUAS MOSHE D'VIZNITZ, INSTITUTE FOR The basis of venue is: THE PROMOTION OF JEWISH EDUCATION, INC., Plaintiffs residence ISRAEL J. GOTTESMAN A/K/A RABBI ISRAEL J. Plaintiff resides at: GOTTESMAN, JACOB KIFFEL A/K/A RABBI JACOB 125 Taylor Street #2D KIFFEL AND JACOB KAPOLOWITZ A/K/A RABBI Brooklyn, New York 11249 JACOB KAPOLOWITZ, Defendants. ---------------------------------X 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, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs attorneys within twenty days after the service of this summons, exclusive of the day of service, where service ismade by delivery upon you pemonally within the state,or, within 30 days after completion of service where service is made in any other manner In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: NEW YORK, NEW YORK January 17, 2019 CHERYL FDC IS, ESQ. Fuchs Rosenzweig PLLC 11 Bmadway, Suite 570 New York, NY 10004 (212) 933.9901 Our File No.: 999.11107.3CF TO: Yeshuas Moshe D'Viznitz 9 Nancy Lane Monsey, New York 10952 Institute for the Promenon of Jewish Education, Inc. 9 Nancy Lane FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021 Monsey, New York 10952 Israel J. Gottesman a/k/a Rabbi Israel J. Gottesman 9 Nancy Lane, Monsey, New York 10952 Jacob Kiffel a/k/a Rabbi Jacob Kiffel 96 1134 East Street Brooklyn, New York 11230 Jacob Kapolowitz a/k/a Rabbi Jacob Kapolowitz 53rd 1253 Street Brooklyn, New York 11234 2 FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS .. X CHAlM BERKOWITZ, Index No.: Date Purchased: Plaintiff, VERIFIED COMPLAINT -against- YESHUAS MOSHE D'VIZNITZ, INSTITUTE FOR THE PROMOTION OF JEWISH EDUCATION, INC., ISRAEL J. GOTTESMAN A/K/A RABBI ISRAEL J. GOTTESMAN, JACOB KIFFEL A/K/A RABBI JACOB KIFFEL AND JACOB KAPOL OWITZ A/K/A RABBI JAC OB KAPOLOWITZ, Defendant. ----.__________. --- .--------X Plaintiff, by his attorneys, FUCHS ROSENZWEIG PLLC, comp!±ing of the Dafendent, respectfully alleges, upon infounation and belief,as follows: L Upon information and belief, Defendant YESHUAS MOSHE D'VIZNITZ, was and stillisa domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 2. Upon information and belief, Defendant YESHUAS MOSHE D'VIZNITZ, was and stillis a foreign corporation duly authorized to do business in the State of New York. 3. Upon infc=±en and belief, Defendant YESHUAS MOSHE D'VIZNITZ, was a partnership authorized to do bwna•• in the State of New York. duly 4. On Dahdant YESHUAS MOSHE owned the May 10, 2018, D'VIZNITZ, premises known as 9 Nancy Lane Monsey, NY 10952. 5. That on May 10, 2018, the defendant, YESHUAS MOSHE D'VIZNITZ, operatedthe aforesaid premises and itssunounding areas. 6. That on May 10, 2018, the defendant, YESHUAS MOSHE D'VIZNITZ, managed the aforesaid premises and itssurrc=ding areas. 7. That on May 10, 2018, the defendant, YESHUAS MOSHE D'VIZNITZ, FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021 maintained the aforessid premises and itssurrounding areas. 8. That on May 10, 2018, the defwant, YESHUAS MOSHE D'VIZNITZ, controlled the aforesaid premises and itssurrounding areas. 9. That on May 10, 2018, the defendant, YESHUAS MOSHE D'VIZNITZ, supervised the aforesaid premises. 10. Upon information and belief, Defendant INSTITUTE FOR THE PROMOTION OF JEWISH EDUCATION, INC., was and stillis a domestic not for profit corporation duly organized and existing under and by virtue of the laws ofthe State ofNew York. 11. Upon information and belief, Defendant INSTITUTE FOR THE PROMOTION OF JEWISH EDUCATION, INC., was and stillis a foreign corporation duly authorized to do business in the State ofNew York. 12. Upon information and Daraada=+ INSTITUTE FOR THE belief, PROMOTION OF JEWISH EDUCATION, INC., was a parbarahip duly authorized to do business in the State of New York. 13. On May 10, 2013, Defendant INSTITUTE FOR THE PROMOTION OF JEWISH EDUCATION, INC., owned the p=ises known as 9 Nancy Lane Moñsey, NY 10952. 14. On May 10, 2018, Defendant INSTITUTE FOR THE PROMOTION OF JEWISH EDUCATION, INC., leased the premises known as 9 Nancy Lane Monsey, NY 10952. 15. That on May 10, 2018, the defendant, INSTITUTE FOR THE PROMOTION OF JEWISH EDUCATION, INC., operated the aforesaid premises and itssurrounding areas. 16. That on May 10, 2018, the defendant, INSTITUTE FOR THE PROMOTION OF JEWISH EDUCATION, INC., m::rs.ged the aforesaid panices and itssurmsading areas. 17. That on May 10, 2018, the defedant, INSTITUTE FOR THE PROMOTION 2 FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021 OF JEWISH EDUCATION, INC., -Waad the aforesaid premises and its surrounding areas. 18. That on May 10, 2018, the defendant, INSTITUTE FOR THE PROMOTION OF JEWISH EDUCATION,INC., controlled the aforesaid premises and itssurr~r ing areas. 19. That on May 10, 2018, the defendant, INSTITUTE FOR THE PROMOTION OF JEWISH EDUCATION, INC., supervised the aforesaid premises, 20. Upon information and belief, Defendant ISRAEL GOTTESMAN A/K/A RABBI ISRAEL GOTTESMAN, was a director of the INSTITUTE FOR THE PROMOTION OF JEWISH EDUCATION, INC. on May 10, 2018. 21. On May 10, 2018, defendant- ISRAEL GOTTESMAN A/K/A RABBI ISRAEL GOTTESMAN, owned the premises known as 9 Nancy Lane Monsey, NY 10952. 22. On May 10, 2018, defendent, ISRAEL GOTTESMAN A/K/A RABBI ISRAEL GOTTESMAN, leased the premises known as 9Nancy Lane Monsey, NY 10952. 23. That on May 10, 2018, the defendant, ISRAEL GOTTESMAN A/K/A RABBI ISRAEL GOTTESMAN, aparated the aforesaid premises and itssurrouñdiñg areas. 24. That on May 10, 2018, the defêñd:21, ISRAEL GOTTESMAN A/K/A RABBI ISRAEL GOTTESMAN, managed the aforesaid premises and itssurrounding areas. 25. That on May 10, 2018, the defendant, ISRAEL GOTTESMAN A/K/A RABBI ISRAEL GOTTESMAN, maintained the aforesaid premises and itssurrounding areas. 26. That on May 10, 2018, the defendant ISRAEL GOTTESMAN A/K/A RABBI ISRAEL GOTTESMAN, controlled the aforesaid premises and itssurrounding areas. 27. That on May 10, 2018, the defendant, ISRAEL GOTTESMAN A/K/A RABBI ISRAEL GOTTESMAN, supervised the aforesaid premises. 28. Upon information and belief, Defendant JACOB KIFFEL A/K/A RABBI JACOB KIFFEL, was a director of the INSTITUTE FOR THE PROMOTION OF 3 FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021 JEWISH EDUCATION, INC. on May 10, 2018. 29. On May 10, 2018, defendant, JACOB KIFFEL A/K/A RABBI JACOB KIFFEL, owned the premises known as 9 Nancy Lane Monsey, NY 10952. 30. On May 10, 2018, defendant, JACOB KIFFEL A/K/A RABBI JACOB KIFFEL, leased the premises known as 9 Nancy Lane Monsey, NY 10952. 3L That on May 10, 2018, the defendant, JACOB KIFFEL A/K/A RABBI JACOB KIFFEL, operated the aforesaid premises and itssurrounding areas. 32. That on May 10, 2018, the defendant, JACOB KIFFEL A/K/A RABBI JACOB KIFFEL, managed the aforesaid premises and itssurrounding areas. 33. That on May 10, 2018, the defendant, JACOB KIFFEL A/K/A RABBI JACOB KIFFEL, maintained the aforesaid premises and itssurrounding areas. 34. That on May 10, 2018, the defendant, JACOB K1FFEL A/K/A RABBI JACOB KIFFEL, controlled the aforesaid premises and itssurrounding areas. 35. That on May 10, 2018, the defendant, JACOB KIFFEL A/K/A RABBI JACOB KIFFEL, supervised the aforesaid premises. 36. Upon information and belief, Defendant JACOB KAPOLOWITZ A/K/A RABBI JACOB KAPOLOWITZ, was a director of the INSTITUTE FOR THE PROMOTION OF JEWISH EDUCATION, INC. on May 10, 2018. 37. On May 10, 2018, defendant, JACOB KAPOLOWITZ A/K/A RABBI JACOB KAPOLOWITZ, owned the premises known as 9 Nancy Lane Monsey, NY 10952. 38. On May 10, 2018, defendant, JACOB KAPOLOWITZ A/K/A RABBI JACOB KAPOLOWITZ, leased the premises known as 9Nancy Lane Monsey, NY 10952. 39. That on May 10, 2018, the defendant, JACOB KAPOLOWITZ A/K/A JACOB operated afa=cau premises and its areas. RABBI KAPOLOWITZ, the surrc±g 40. That on May 10, 2018, the defendant, JACOB KAPOLOWITZ A/K/A RABBI 4 FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021 JACOB KAPOLOWITZ, managed the aforesaid premises and itssurrounding areas. 41. That on May 10, 2018, the defendant, JACOB KAPOLOWITZ A/K/A RABBI JACOB KAPOLOWITZ, indatdned the aforesaid premises and itssurrounding areas. 42. That on May 10, 2018, the defendant, JACOB KAPOLOWITZ A/K/A RABBI JACOB KAPOLOWITZ, controlled the aforesaid premises and itssurrounding areas. 43. That on May 10, 2018, the defendant, JACOB KAPOLOWITZ A/K/A RABBI JACOB KAPOLOWITZ, supervised the aforesaid premises. 44. That on May 10, 2018, the plaintiff CHAIM BERKOWITZ was lawfully present at the aforesaid premises. 45. That at all the times hereinafter mentioned the defendant had the duty of maintdning the aforesaid premises and surrounding area in a safe and proper condition, free of hazards, traps, nuisances and defects. 46. On May 10, 2018, while plaintiff was lawfúlly traversing the premises located at 9 Nancy Lane Monsey, New York he was caused to falland sustain serious personal injuries. 47. That said occurrence was caused by reason of the negligence, carelessness and recklessness of the defendant in the ownership, operation, management, maintenance, supervision aforementioned· and control of the aforesaid premises at the place in allowiñg suffering and permitting said premises and a portion thereof to be and remain in a dangemus, broken and hazardous candition; in allowing said p=ises to fallinto disrepair; in that said premises was and rem±ed in a dangerous condition and defective state cc=±±g an unreasonable, actual and potcñtial and menace likely to cause severe and serious personal injuries to patrons thereat trap and did actually cause said injuries of this plaintiff, in failing to take reasonable and adequate precanHow and measures to prevent the said occurrence; in failing to place waming signs or barricades about the dangerous condition; in failing to have competent help or cmployees who would prevent the occurrence and negligent condition; in failing to conduct reasonable and proper 5 FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021 incpae*ione of said in to provide protection or protective devices to protect premises; failing plaintiff or person similarly sitüâted; the conduct of the defendants as aforesaid was wanton, willful and with conscious disregard for the rights, safety and wellbeing of the plaintiff and others similarly situated. 48. That by reason of foregoing, the plaintiff, was rendered sick, sore, lame and disabled, and suffered severe, painful and permanent injuries to various parts of his parcon, with accompanying pain; that he condnues to be sick, sore, lame and disabled, and upon information and belief, he will conunne to be sick, sore, lame and disabled, for a long time to come and was required to receive hospital and medical treatment and attention for his injuries and was unable and shall continue to be unable to pursue his usual pursuits, activities and employment. 49. That by reason of the foregoing, plaintiff has been damaged in a sum that exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction of this action. 50. That as a result of the foregoing plaintiff was caused to sustain severe solely and permanent personal injuries. 51. That defendant, YESHUAS MOSHE D'VIZNITZ, had actual notice of the defective/dangerous condition. 52. That defendant, YESHUAS MOSHE D'VIZNITZ, had constructive notice of the defective/dangerous condition. 53. That defenda% YESHUAS MOSHE D'VIZNITZ, caused and created the defective/dangerous condition. 54. That defendant, INSTITUTE FOR THE PROMOTION OF JEWISH EDUCATION, INC., had actual notice of the defective/dangerous condition. 55. That defendant, INSTITUTE FOR THE PROMOTION OF JEWISH EDUCATION, INC., had constructive notice of the defective/dangerous condition. 6 FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021 56. That defendant, INSTITUTE FOR THE PROMOTION OF JEWISH EDUCATION, INC., caused and created the defective/dangerous condition. 57. That defendant, ISRAEL GOTTESMAN A/K/A RABBI ISRAEL GOTTESMAN, had actual notice of the defective/dañgerous condition. 58. That defendant, ISRAEL GOTTESMAN A/K/A RABBI ISRAEL GOTTESMAN, had constructive notice of the defective/dangerous condition. 59. That defendant, ISRAEL GOTTESMAN A/K/A RABBI ISRAEL GOTTESMAN, caused and created the defective/dangerous condition. 60. That defendant, JACOB KIFFEL A/K/A RABBI JACOB KIFFEL, had actual notice of the defective/dangerous condition. 61. That defendant, JACOB KIFFEL A/K/A RABBI JACOB KIFFEL, had constructive notice of the defective/dangerous condition. 62. That defendant, JACOB KIFFEL A/K/A RABBI JACOB KIFFEL, caused and created the defective/dangerous condition. 63. That defandant, JACOB KAPOLOWITZ A/K/A RABBI JACOB KAPOLOWITZ, had actual notice of the defectivc/dangerous condition. 64. That defendant, JACOB KAPOLOWITZ A/K/A RABBI JACOB KAPOLOWITZ, had constructive notice of the defective/dangerous condition. 65. That defendant, JACOB KAPOLOWITZ A/K/A RABBI JACOB KAPOLOWITZ, caused and created the defective/dangerous condition. 66. Plaintiff herewith demands a trialby jury. WHEREFORE, Plaintiff CHAIM BERKOWITZ demands judgment including compañsatory damages againstthe Defendants in a sum of money having a present value which exceeds the jurisdictional limits of all lower courts which would otherwisc have jurisdiction in this matter. 7 FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021 Dated: New York, New York January 17, 2019 CHERYL FUCHS, ESQ Fuchs Rosenzweig PLLC Attorney for Plaintiff 11 Broadway, Suite 570 New York, NY 10004 (212) 933.9901 Our File No.: 999.11107.3CF 8 FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/02/2021 V E R I F I C A T I O N STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) The undersigned, being an attorney duly admitted to practice in the Courts of the State of New York, affirms under the penalties ofperjury; that I the attorney for the plaintiff in the within action. That I have read and know the contents of the foregoing summons and complaint and that the same is trueto my own knowledge, except as to the matters therein stated to be alleged upon iñf=ation and belief,and as to those matters I believe itto be true. This verification ismade by affirmant and not by the plaintiff herein because the plaintiff isnot within the county where affirmant maintaine her office. This verification is based on information furnished to affirmant by the plaintiff is this action and information contained in affumant's file. Dated: January 17, 2019 New York, NY Cheryl Fuchs, Esq. 9 FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019 NO. INDEXNYSCEF: 501262/2019 NYSCEF |FILED: DOC. KINGS NO. 22 COUNTY CLERK 03{26/2019 04:43 PM RECEIVED 06/02/2021 NYSCEF DOC. NO. 2 R 26/2019 Form 27 - AFFIDAVIT OF SERVICE P1179654 FUCES ROSENENEIG PLLC ATTORNEYS SUPREME COURT ALBANY COUNTY STATE OF NEW YORK index No. CHAIM BERKOWITZ 501262/ 2019 PLAINTIFF Date Filed - vs - Office No . 999.11107.3CF YESHUAS MOSHE D'VIZNITZ, ETAL Court Date. DEFENDANT STATE OF NEN YORK, COUNTY OF NEW YORK :SS: nanL 101IGHT being duly sworn, deposes and says; I am over 18 years of age, not a party to this action, and reside in the State of New York. That on the 09TB day of FEBRUARY, 2019 7:45PN at 9 NANCY LANE MONSEY NY 10952 I served a true copy of the NOTICE OF ELECTRONIC FILING, SURSAONS AND VERIFIED COMPIAINT upon INSTITDTE FOR THE PRONOTION OF JENISB EDUCATION, INC. the DEFENDANT therein named by delivering to, and leaving personally with YAEOV SCHNARTE, AUTHORIZED TO ACCEPT a true copy of each thereof. Deponent describes the person served as aforesaid to the best of deponent's ability at the time and circumstances of the service as follows: SEX: NALE COLOR: NRITE HAIR: BRONN APP.AGE: 40 APP. HT: 5''8 APP. WT: 180 OTHER IDENTIFYING FEATURES COMMENTS: Sworn to before me t is 13TH day of FEBRUARY, 2019 PM Legal, LLC SELENA INES ADAMES 75 MAIDEN LANE llTH LOOR Notary Public, Stat of New York NEW YORK, NY 1003 No. 01AD6365042 Reference No: 3- P -1179654 Qualified in NEW YORK COUNTY Commission Expires 09/25/2021 1 of 1 FILED: KINGS COUNTY CLERK 06/02/2021 10:23 AM INDEX NO. 501262/2019 NYSCEF DOC. KINGS NO. 22 COUNTY RECEIVED NO. INDEXNYSCEF: 501262/2019 06/02/2021 [FILED: CLERK 03/26/2019 04:43 PM1 NYSCEF DOC. NO. 4 R . - 26/2019 Form 2 - AFFIDAVIT OF SERVICE Pi179639 FUCHS ROSENEWEIG PI.LC ATTORNEYS SUPREME COURT ALBANY COUNTY STATE OF NEW YORK CHAIM BERKOWITZ PLAINTIFF Date Filed - vs - Office No. 999.11107.3CF YESHUAS MOSHE D'VIZNITZ, ETAL Court Date. .......... DEFENDANT STATE OF NEW YORK, COUNTY OF NEW ÏORK :SS: DAMML KNIGHT being duly sworn, deposes and says; I am over 18 years of age, not a to party this action, and reside in the State of New York. That on the 09TH day of FEBRUARY 2019, 7:45PM at 9 NANCY IANE NONSEY NY 10952 I served the NOTICE OF ELECTRONIC FILING , SUMMONS AND VERIFIED COMPLAINT upon YESEUAS MOSHE D'VIENITE the DEFENDANT therein named by delivering and leaving a true copy or copies of the a forementioned documents with YAKOV SCHWARTZ, CO-TENANT,a person of suitable age and discretion . Deponent describes the person served as aforesaid to the best of deponent's ability at the time and circumstances of the service as follows: SEX: MALE COLOR: WRITE HAIR: BROWN APP.AGE: 40 APP. HT: 5''8 APP. WT: 180 OTHER IDENTIFYING FEATURES BEARD GLASSES On 02/13/2019 I deposited in the United States mail another true copy of the aforementioned documents properly enclosed and sealed in a post-paid wrapper addressed to the said DEFENDANT at the above address. That being upon information and belief, the usual place of abode, last known residence of the DEFENDANT. Copy mailed 1st class mail marked personal and confidential not indicating on the outside thereof by return address or otherwise that said notice is from an attorney or concerns an action against the person to be served. COMMENTS: That at the time of service, as aforesaid, I asked the person spoken to whether the DEFENDANT was in the mi l itary service of the United States Government, or of the State of New York, and received a negative reply. Upon information and belief based upon the conversation and observation as aforesaid I aver that the DEFENDANT is not in the military service, and is not dependent on anyone in the military service of the Onited States Government or the State of New York, as that term is defined in statutes of the State of New York, or of the Federal Soldiers and Sailors Civilian Act. Sworn to before me t is 13TH day of FEBRUARY 2019 DANXEL KNIGHT PM Legal, LLC SELENA INES ADAM S 75 MAIDEN LANE 1T LOOR Notary Public, St te f New York NEW YORK, NY No. 01AD6365042 Reference No: -FRPLLC-1179639 Qualified in NEW YOR COUNTY Commission Expires 09/25/2021 1 of 1