Preview
FILED: BRONX COUNTY CLERK 10/07/2020 02:40 PM INDEX NO. 20816/2020E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020
EXHIBIT 1
FILED: BRONX COUNTY CLERK 10/07/2020 02:40 PM INDEX NO. 20816/2020E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF BRONX
SUMMONS
LEONARD J. CANORA,
Plaintiff designates Bronx
Plaintiff, County as the place of trial.
-against-
The basis of venue is:
RAMBLING HOUSE INC. AND JOSEPH KRIPP CAUSE OF ACTION
AROSE
Defendant(s).
Plaintiff resides at:
191 Remsen Road
Yonkers, NY, 10710
TO THE ABOVE-NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED.to answer the complaint in this action, and to serve a
copy of your answer, or, ifthe 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 is made by delivery upon you personally within the
state,or, within 30 days aftercompletion 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: Syosset, New York
January 16, 2020
CHARD E. NOLL
The Noll Law Firm, P.C.
Attorney for Plaintiff
33 Queens Street-Ste 102
Syosset, New York 11791
(516) 307-1199
TO:
RAMBLING HOUSE INC.
4292 Katonah Avenue
Bronx, NY 10470
JOSEPH KRIPP
C/O Ramblings House Inc.
4292 Katonah Avenue
Bronx, NY 10470
FILED: BRONX COUNTY CLERK 10/07/2020 02:40 PM INDEX NO. 20816/2020E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
LEONARD J. CANORA,
VERIFIED
Plaintiff(s), COMPLAINT
-against-
Index No.:
RAMBLING HOUSE INC. AND JOSEPH KRIPP
Defendant(s). .
Plaintiff, LEONARD J. CANORA by his attorneys, THE NOLL LAW FIRM, P.C.,
coñrplaining of the Defendants, RAMBLING HOUSE INC. AND JOSEPH KRIPP, respectfully
alleges, upon information and belief, as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF LEONARD J. CANORA
1, At the time of the commencement of this action, Plaintiff was a resident of the
County of Westchester, State of New York.
2. At alltimes hercinder mentioned, defeñdâñt RAMBLING HOUSE INC. was and
is a domestio corporation with itsprincipal place of business loeâted in Westchester County, State of
New York.
3. At all times hereinafter mentioned, Defendant, JOSEPH KRIPP was and is a
resident of the State of New York.
4. That this action fallswithin one or inore of the exeñrpnons set forth in CPLR §1602.
5. The cause of action alleged herein arose in the County of Bronx, State of New York.
6. On March 23, 2019, and at all times mêñnoñed herein, there existed a premises
located at RAMBLING HOUSE, INC., 4292 Katonah Avenue, Bronx, NY. 10470, in the State of
New York, County of Bronx. (hereinafter PREMISES).
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7. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING
HOUSE, INC. owned the aforesaid PREMISES.
8. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING
HOUSE, INC., was a tenant at the aforesaid PREMISES.
9. On March 23, 2019, and at all times mantianed herein, defendant RAMBLING
HOUSE INC., operated the bar at the aforesaid PREMISES.
10. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING
HOUSE INC., managed the bar at theaforesaid PREMISES.
11. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING
HOUSE INC., maintained the bar at the aforesaid PREMISES.
. 12. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING
HOUSE INC., controlled the bar at the aforesaid PREMISES.
13. At all times hereinafter mentioned and on March 23, 2019 Defendant JOSEPH
KRIPP actually worked at the premises.
14. On March 23, 2019, Defeñdeñt JOSEPH KRIPP was an employee of Defendant
RAMBLING HOUSE INC. at the PREMISES.
15. On March 23, 2019, Defendant JOSEPH KRIPP was under the direction and
control of Defendant Rambling House Inc. at the PREMISES.
16. On March 23, 2019, and at alltimes mentioned herein, each and every Defendant
and/or agents, servants, employees and/or licensees operated, m=gad, maintained and contrailed
the aforesaid premises.
2
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17. Each Defendant herein was acting as an agent for each other Defendant herein and
as such each isvicariously liablefor the others acts.
18. On March 23, 2019, while Plaintiff was lãwfully present in the aforesaid location,
was caused to be negligeñtly, intentianally, wrongfully, willfully, maliciously and with gross
negligence, physically detaiüëd, assaulted, stepped on beaten, battered and kicked by Defendants,
and was caused to sustain severe and permanent injuries.
19. The aforemeñnened occurrence took place due to the negligence of the Defendants,
their employees, agents, servants and/or licensees, acting within the scope of their authority and
within the scope and in the furtherance of theiragency.
20. No negligence on the part of the Plaintiff contributed to the oceüricace alleged
herein in any manner whatsoever.
21. Because of the above stated, Plaintiff was caused to sustain serious injuries and to
have suffered pain, shock, mental anguish; that these injuries and their effects will be permesent;
and as a result of said injuries Plaintiff has been caused to incur, and will continue to incur,
expenses for medical care and anenuen; and Plaintiff,was and will continue to be, rendered unable
to perform Plaintiffs normal activities and duties and has anatained a resultant loss therefrom.
22. That as a result of the foregoing, Plaintiff was dwëged in the amount of an amaüüt
in excess of alllower juriadic+ianal limits to be determined the triers of fact.
by
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF LEONARD J. CANORA
23. Plaintiff repeats and realleges each and every allegation set forth above with the
same force and effect as ifmore fully set forth at length herein.
3
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24. The aforementioned occurrence took place due to the willful, wantoñ and intentional
acts and/or omissions of the Defendants and the employees, agents, servants and/or liceñsees of
Defendants, allof whom were acting within the scope of their authority and within the scope and in
the furtherance of their employment.
25. That on March 29, 2019 Defendant, JOSEPH KRIPP was on employee agent
and/or servant of defendant RAMBLING INC. at the premisca
HOUSE,
26. That on and before March 29, 2019, defendant, RAMBLINGS HOUSE, INC. had
the duty to properly train, educate and supervise defendant, JOSEPH KRIPP in the course of his
performance.
27. At alltimes herchwdler mentioned RAMBLING HOUSE, INC. breached itsduty
to properly train,educate and supervise defendant in the performance of his duties.
28. No negligence on the part of the plaintiff contributed to the coomwooe alleged
herein in any manner whatsoever.
29. Because of the above state, plaintiff was caused to sustam senous mjunes and to
have suffered pain, shock, mental añgaish; that these injuries and their effects will be pemiañeñt;
and as a result of said injuries plaintiff has been caused to incur, and will continue to be, rendered
unable to perform plaintiff's normal activities and duties and has sustained a resultant loss
therefrom.
30. That as a result of the foregoing, plaintiff was damaged in an amount in excess of all
lower jmisdictional limits to be determined by the triers
of fact.
FILED: BRONX COUNTY CLERK 10/07/2020 02:40 PM INDEX NO. 20816/2020E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020
WHEREFORE, Plaintiffs demands judgment against the Defêñdâñts on the First Cause
and second cause of Action an amount in excess of the jurisdictional limits of all lower courts to be
deteññined by the trialsof fact †ngether with the costs and disbursements of thisaction.
Yours, et .
E. NOLL
Noll Law Finn, P.C.
3 Queens Street-Ste 102
yosset, New York 11791
(516) 307-1199
5
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020
VERIFICATION
RICHARD E. NOLL, affirms under penalty of perjury:
That affirmant is the attorney for the plaintiff(s) in the action within; that affirmant has
read the foregoing COMPLAINT and knows the contents thereof; that the same is true to
affirmant's own knowledge except as to the matters therein stated to be alleged upon information
and belief, and as to those matters affirmant believes it to be true and the reason that this
verification is not made by plaintiff(s) and is made by affirmant is that plaintiff(s) is/are not
presently in the county where the attorneys for the plaintiff(s) have their office.
Affirmant further says that the source of affirmant's information and the grounds of
affirmant's belief as to allmatters not stated upon affirmant's knowledge are from investigations
made on behalf of said plaintiff(s).
DATED: SYOSSET, NEW YORK
January 15, 2020
HARD E. NOLL
FILED: BRONX COUNTY CLERK 10/07/2020 02:40 PM INDEX NO. 20816/2020E
canora family inc 9143371208 p.1
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020
VERIFICATION
LEONARD CANORA, being duly sworn depocas and says:
I am the plaintiff in the action within; that I have read the foregoing COMPLAINT and
know the contcuts thereof; that the same is true to my own knowledge except as to the matters
therein stated to be alleged upon informatica and belief, and as to those matters I believe them to
be true,
I further state that the source of my ipfhrmation and the grounds of my belief as to all
matters not stated upon permnal knowledge are from investigations made on my behalf.
my
LEO ARD CANORA
Sworn to Before me this y
Of Octob 9020
ubhc
DINA DISIENA
NOTARY PUBLIC-STATE OF NEW YORK
No. 01 DI6400712
Qualifiedin Putnam County
My Commission Expires 11-18-2023
Preview
FILED: BRONX COUNTY CLERK 10/07/2020 02:40 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020 EXHIBIT 1 FILED: BRONX COUNTY CLERK 10/07/2020 02:40 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF BRONX SUMMONS LEONARD J. CANORA, Plaintiff designates Bronx Plaintiff, County as the place of trial. -against- The basis of venue is: RAMBLING HOUSE INC. AND JOSEPH KRIPP CAUSE OF ACTION AROSE Defendant(s). Plaintiff resides at: 191 Remsen Road Yonkers, NY, 10710 TO THE ABOVE-NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED.to answer the complaint in this action, and to serve a copy of your answer, or, ifthe 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 is made by delivery upon you personally within the state,or, within 30 days aftercompletion 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: Syosset, New York January 16, 2020 CHARD E. NOLL The Noll Law Firm, P.C. Attorney for Plaintiff 33 Queens Street-Ste 102 Syosset, New York 11791 (516) 307-1199 TO: RAMBLING HOUSE INC. 4292 Katonah Avenue Bronx, NY 10470 JOSEPH KRIPP C/O Ramblings House Inc. 4292 Katonah Avenue Bronx, NY 10470 FILED: BRONX COUNTY CLERK 10/07/2020 02:40 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX LEONARD J. CANORA, VERIFIED Plaintiff(s), COMPLAINT -against- Index No.: RAMBLING HOUSE INC. AND JOSEPH KRIPP Defendant(s). . Plaintiff, LEONARD J. CANORA by his attorneys, THE NOLL LAW FIRM, P.C., coñrplaining of the Defendants, RAMBLING HOUSE INC. AND JOSEPH KRIPP, respectfully alleges, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF LEONARD J. CANORA 1, At the time of the commencement of this action, Plaintiff was a resident of the County of Westchester, State of New York. 2. At alltimes hercinder mentioned, defeñdâñt RAMBLING HOUSE INC. was and is a domestio corporation with itsprincipal place of business loeâted in Westchester County, State of New York. 3. At all times hereinafter mentioned, Defendant, JOSEPH KRIPP was and is a resident of the State of New York. 4. That this action fallswithin one or inore of the exeñrpnons set forth in CPLR §1602. 5. The cause of action alleged herein arose in the County of Bronx, State of New York. 6. On March 23, 2019, and at all times mêñnoñed herein, there existed a premises located at RAMBLING HOUSE, INC., 4292 Katonah Avenue, Bronx, NY. 10470, in the State of New York, County of Bronx. (hereinafter PREMISES). FILED: BRONX COUNTY CLERK 10/07/2020 02:40 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020 FILED: BRONX COUNTY CLERK 10/07/2020 02:40 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020 7. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING HOUSE, INC. owned the aforesaid PREMISES. 8. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING HOUSE, INC., was a tenant at the aforesaid PREMISES. 9. On March 23, 2019, and at all times mantianed herein, defendant RAMBLING HOUSE INC., operated the bar at the aforesaid PREMISES. 10. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING HOUSE INC., managed the bar at theaforesaid PREMISES. 11. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING HOUSE INC., maintained the bar at the aforesaid PREMISES. . 12. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING HOUSE INC., controlled the bar at the aforesaid PREMISES. 13. At all times hereinafter mentioned and on March 23, 2019 Defendant JOSEPH KRIPP actually worked at the premises. 14. On March 23, 2019, Defeñdeñt JOSEPH KRIPP was an employee of Defendant RAMBLING HOUSE INC. at the PREMISES. 15. On March 23, 2019, Defendant JOSEPH KRIPP was under the direction and control of Defendant Rambling House Inc. at the PREMISES. 16. On March 23, 2019, and at alltimes mentioned herein, each and every Defendant and/or agents, servants, employees and/or licensees operated, m=gad, maintained and contrailed the aforesaid premises. 2 FILED: BRONX COUNTY CLERK 10/07/2020 02:40 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020 17. Each Defendant herein was acting as an agent for each other Defendant herein and as such each isvicariously liablefor the others acts. 18. On March 23, 2019, while Plaintiff was lãwfully present in the aforesaid location, was caused to be negligeñtly, intentianally, wrongfully, willfully, maliciously and with gross negligence, physically detaiüëd, assaulted, stepped on beaten, battered and kicked by Defendants, and was caused to sustain severe and permanent injuries. 19. The aforemeñnened occurrence took place due to the negligence of the Defendants, their employees, agents, servants and/or licensees, acting within the scope of their authority and within the scope and in the furtherance of theiragency. 20. No negligence on the part of the Plaintiff contributed to the oceüricace alleged herein in any manner whatsoever. 21. Because of the above stated, Plaintiff was caused to sustain serious injuries and to have suffered pain, shock, mental anguish; that these injuries and their effects will be permesent; and as a result of said injuries Plaintiff has been caused to incur, and will continue to incur, expenses for medical care and anenuen; and Plaintiff,was and will continue to be, rendered unable to perform Plaintiffs normal activities and duties and has anatained a resultant loss therefrom. 22. That as a result of the foregoing, Plaintiff was dwëged in the amount of an amaüüt in excess of alllower juriadic+ianal limits to be determined the triers of fact. by AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF LEONARD J. CANORA 23. Plaintiff repeats and realleges each and every allegation set forth above with the same force and effect as ifmore fully set forth at length herein. 3 FILED: BRONX COUNTY CLERK 10/07/2020 02:40 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020 24. The aforementioned occurrence took place due to the willful, wantoñ and intentional acts and/or omissions of the Defendants and the employees, agents, servants and/or liceñsees of Defendants, allof whom were acting within the scope of their authority and within the scope and in the furtherance of their employment. 25. That on March 29, 2019 Defendant, JOSEPH KRIPP was on employee agent and/or servant of defendant RAMBLING INC. at the premisca HOUSE, 26. That on and before March 29, 2019, defendant, RAMBLINGS HOUSE, INC. had the duty to properly train, educate and supervise defendant, JOSEPH KRIPP in the course of his performance. 27. At alltimes herchwdler mentioned RAMBLING HOUSE, INC. breached itsduty to properly train,educate and supervise defendant in the performance of his duties. 28. No negligence on the part of the plaintiff contributed to the coomwooe alleged herein in any manner whatsoever. 29. Because of the above state, plaintiff was caused to sustam senous mjunes and to have suffered pain, shock, mental añgaish; that these injuries and their effects will be pemiañeñt; and as a result of said injuries plaintiff has been caused to incur, and will continue to be, rendered unable to perform plaintiff's normal activities and duties and has sustained a resultant loss therefrom. 30. That as a result of the foregoing, plaintiff was damaged in an amount in excess of all lower jmisdictional limits to be determined by the triers of fact. FILED: BRONX COUNTY CLERK 10/07/2020 02:40 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020 WHEREFORE, Plaintiffs demands judgment against the Defêñdâñts on the First Cause and second cause of Action an amount in excess of the jurisdictional limits of all lower courts to be deteññined by the trialsof fact †ngether with the costs and disbursements of thisaction. Yours, et . E. NOLL Noll Law Finn, P.C. 3 Queens Street-Ste 102 yosset, New York 11791 (516) 307-1199 5 FILED: BRONX COUNTY CLERK 10/07/2020 02:40 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020 VERIFICATION RICHARD E. NOLL, affirms under penalty of perjury: That affirmant is the attorney for the plaintiff(s) in the action within; that affirmant has read the foregoing COMPLAINT and knows the contents thereof; that the same is true to affirmant's own knowledge except as to the matters therein stated to be alleged upon information and belief, and as to those matters affirmant believes it to be true and the reason that this verification is not made by plaintiff(s) and is made by affirmant is that plaintiff(s) is/are not presently in the county where the attorneys for the plaintiff(s) have their office. Affirmant further says that the source of affirmant's information and the grounds of affirmant's belief as to allmatters not stated upon affirmant's knowledge are from investigations made on behalf of said plaintiff(s). DATED: SYOSSET, NEW YORK January 15, 2020 HARD E. NOLL FILED: BRONX COUNTY CLERK 10/07/2020 02:40 PM INDEX NO. 20816/2020E canora family inc 9143371208 p.1 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/07/2020 VERIFICATION LEONARD CANORA, being duly sworn depocas and says: I am the plaintiff in the action within; that I have read the foregoing COMPLAINT and know the contcuts thereof; that the same is true to my own knowledge except as to the matters therein stated to be alleged upon informatica and belief, and as to those matters I believe them to be true, I further state that the source of my ipfhrmation and the grounds of my belief as to all matters not stated upon permnal knowledge are from investigations made on my behalf. my LEO ARD CANORA Sworn to Before me this y Of Octob 9020 ubhc DINA DISIENA NOTARY PUBLIC-STATE OF NEW YORK No. 01 DI6400712 Qualifiedin Putnam County My Commission Expires 11-18-2023