Preview
FILED: BRONX COUNTY CLERK 11/28/2021 12:21 PM INDEX NO. 20816/2020E
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 11/28/2021
SUPREME COURT OF THE STATE OF NEW YORK Index No.: 20816/2020E
COUNTY OF BRONX SUPPLEMENTAL
SUMMONS
LEONARD J. CANORA,
Plaintiff designates Bronx
Plaintiff, County as the place of trial.
-against-
The basis of venue is:
RAMBLING HOUSE INC. , JOSEPH KRIPP and THOMAS CAUSE OF ACTION
DRAGO AROSE
Defendants. 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, if the complaint is not served with this summons, to serve a notice of
appearance on the plaintiff's 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 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: Syosset, New York
August 12, 2021
RICHARD 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
Defendant in default
THOMAS DRAGO
541 Bronx River Road, Apt C2
Yonkers, New York 10704
FILED: BRONX COUNTY CLERK 11/28/2021 12:21 PM INDEX NO. 20816/2020E
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 11/28/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
LEONARD J. CANORA,
VERIFIED
Plaintiff, AMENDED
-against- COMPLAINT
RAMBLING HOUSE INC., JOSEPH KRIPP AND THOMAS Index No.: 20816/2020E
DRAGO
Defendants.
Plaintiff, LEONARD J. CANORA by his attorneys, THE NOLL LAW FIRM, P.C.,
complaining of the Defendants, RAMBLING HOUSE INC., JOSEPH KRIPP and THOMAS
DRAGO, 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 all times hereinafter mentioned, defendant RAMBLING HOUSE INC. was and
is a domestic corporation with its principal place of business located 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. At all times hereinafter mentioned, Defendant, THOMAS DRAGO was and is a
resident of the State of New York, County of Westchester.
5. That this action falls within one or more of the exemptions set forth in CPLR §1602.
6. The cause of action alleged herein arose in the County of Bronx, State of New York.
FILED: BRONX COUNTY CLERK 11/28/2021 12:21 PM INDEX NO. 20816/2020E
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 11/28/2021
7. On March 23, 2019, and at all times mentioned 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).
8. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING
HOUSE, INC. owned the aforesaid PREMISES.
9. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING
HOUSE, INC., was a tenant at the aforesaid PREMISES.
10. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING
HOUSE INC., operated the bar at the aforesaid PREMISES.
11. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING
HOUSE INC., managed the bar at the aforesaid PREMISES.
12. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING
HOUSE INC., maintained the bar at the aforesaid PREMISES.
13. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING
HOUSE INC., controlled the bar at the aforesaid PREMISES.
14. At all times hereinafter mentioned and on March 23, 2019 Defendant JOSEPH
KRIPP actually worked at the premises.
15. On March 23, 2019, Defendant JOSEPH KRIPP was an employee of Defendant
RAMBLING HOUSE INC. at the PREMISES.
16. On March 23, 2019, Defendant JOSEPH KRIPP was under the direction and control
of Defendant Rambling House Inc. at the PREMISES.
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17. At all times hereinafter mentioned and on March 23, 2019 Defendant THOMAS
DRAGO actually worked at the premises.
18. On March 23, 2019, Defendant THOMAS DRAGO was an employee of Defendant
RAMBLING HOUSE INC. at the PREMISES.
19. On March 23, 2019, Defendant THOMAS DRAGO was under the direction and
control of Defendant Rambling House Inc. at the PREMISES.
20. On March 23, 2019, and at all times mentioned herein, each and every Defendant
and/or agents, servants, employees and/or licensees operated, managed, maintained and controlled
the aforesaid premises.
21. Each Defendant herein was acting as an agent for each other Defendant herein and as
such each is vicariously liable for the others acts.
22. On March 23, 2019, while Plaintiff was lawfully present in the aforesaid location, he
was caused to be negligently, intentionally, wrongfully, willfully, maliciously and with gross
negligence, physically detained, assaulted, stepped on, beaten, battered and kicked by Defendants,
and was caused to sustain severe and permanent injuries.
23. The aforementioned 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 their agency.
24. No negligence on the part of the Plaintiff contributed to the occurrence alleged herein
in any manner whatsoever.
25. 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 permanent; and
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 11/28/2021
as a result of said injuries Plaintiff has been caused to incur, and will continue to incur, expenses for
medical care and attention; and Plaintiff, was and will continue to be, rendered unable to perform
Plaintiff's normal activities and duties and has sustained a resultant loss therefrom.
26. That as a result of the foregoing, Plaintiff was damaged in the amount of an amount
in excess of all lower jurisdictional limits to be determined by the triers of fact.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF LEONARD J. CANORA
27. Plaintiff repeats and realleges each and every allegation set forth above with the same
force and effect as if more fully set forth at length herein.
28. The aforementioned occurrence took place due to the willful, wanton and intentional
acts and/or omissions of the Defendants and the employees, agents, servants and/or licensees of
Defendants, all of whom were acting within the scope of their authority and within the scope and in
the furtherance of their employment.
29. That on March 29, 2019 Defendant, JOSEPH KRIPP was on employee agent and/or
servant of defendant RAMBLING HOUSE, INC. at the premises.
30. That on March 29, 2019 Defendant, THOMAS DRAGO was on employee agent
and/or servant of defendant RAMBLING HOUSE, INC. at the premises.
31. 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.
32. That on and before March 29, 2019, defendant, RAMBLINGS HOUSE, INC. had
the duty to properly train, educate and supervise defendant, THOMAS DRAGO in the course of his
performance.
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33. At all times hereinafter mentioned RAMBLING HOUSE, INC. breached its duty to
properly train, educate and supervise JOSEPH KRIPP and THOMAS DRAGO in the performance
of their duties.
34. No negligence on the part of the plaintiff contributed to the occurrence alleged herein
in any manner whatsoever.
35. Because of the above state, plaintiff was caused to sustain serious injuries and to have
suffered pain, shock, mental anguish; that these injuries and their effects will be permanent; 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.
36. That as a result of the foregoing, plaintiff was damaged in an amount in excess of all
lower jurisdictional limits to be determined by the triers of fact.
WHEREFORE, Plaintiffs demands judgment against the Defendants on the First Cause and
second cause of Action an amount in excess of the jurisdictional limits of all lower courts to be
determined by the trials of fact together with the costs and disbursements of this action.
Dated: Syosset, New York
August 12, 2021
Yours, etc.
RICHARD E. NOLL
The Noll Law Firm, P.C.
33 Queens Street-Ste 102
Syosset, New York 11791
(516) 307-1199
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FILED: BRONX COUNTY CLERK 11/28/2021 12:21 PM INDEX NO. 20816/2020E
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 11/28/2021
VERIFICATION
RICHARD E. NOLL, affirms under penalty of perjury:
That affirmant is the attorney for the plaintiff in the action within; that affirmant has read
the foregoing AMENDED 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 and is made by affirmant is that plaintiff is not presently
in the county where the attorneys for the plaintiff(have their office.
Affirmant further says that the source of affirmant's information and the grounds of
affirmant's belief as to all matters not stated upon affirmant's knowledge are from investigations
made on behalf of said plaintiff..
DATED: SYOSSET, NEW YORK
August 12, 2021
RICHARD E. NOLL
FILED: BRONX COUNTY CLERK 11/28/2021 12:21 PM INDEX NO. 20816/2020E
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 11/28/2021
Preview
FILED: BRONX COUNTY CLERK 11/28/2021 12:21 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 11/28/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: 20816/2020E COUNTY OF BRONX SUPPLEMENTAL SUMMONS LEONARD J. CANORA, Plaintiff designates Bronx Plaintiff, County as the place of trial. -against- The basis of venue is: RAMBLING HOUSE INC. , JOSEPH KRIPP and THOMAS CAUSE OF ACTION DRAGO AROSE Defendants. 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, if the complaint is not served with this summons, to serve a notice of appearance on the plaintiff's 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 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: Syosset, New York August 12, 2021 RICHARD 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 Defendant in default THOMAS DRAGO 541 Bronx River Road, Apt C2 Yonkers, New York 10704 FILED: BRONX COUNTY CLERK 11/28/2021 12:21 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 11/28/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX LEONARD J. CANORA, VERIFIED Plaintiff, AMENDED -against- COMPLAINT RAMBLING HOUSE INC., JOSEPH KRIPP AND THOMAS Index No.: 20816/2020E DRAGO Defendants. Plaintiff, LEONARD J. CANORA by his attorneys, THE NOLL LAW FIRM, P.C., complaining of the Defendants, RAMBLING HOUSE INC., JOSEPH KRIPP and THOMAS DRAGO, 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 all times hereinafter mentioned, defendant RAMBLING HOUSE INC. was and is a domestic corporation with its principal place of business located 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. At all times hereinafter mentioned, Defendant, THOMAS DRAGO was and is a resident of the State of New York, County of Westchester. 5. That this action falls within one or more of the exemptions set forth in CPLR §1602. 6. The cause of action alleged herein arose in the County of Bronx, State of New York. FILED: BRONX COUNTY CLERK 11/28/2021 12:21 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 11/28/2021 7. On March 23, 2019, and at all times mentioned 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). 8. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING HOUSE, INC. owned the aforesaid PREMISES. 9. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING HOUSE, INC., was a tenant at the aforesaid PREMISES. 10. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING HOUSE INC., operated the bar at the aforesaid PREMISES. 11. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING HOUSE INC., managed the bar at the aforesaid PREMISES. 12. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING HOUSE INC., maintained the bar at the aforesaid PREMISES. 13. On March 23, 2019, and at all times mentioned herein, defendant RAMBLING HOUSE INC., controlled the bar at the aforesaid PREMISES. 14. At all times hereinafter mentioned and on March 23, 2019 Defendant JOSEPH KRIPP actually worked at the premises. 15. On March 23, 2019, Defendant JOSEPH KRIPP was an employee of Defendant RAMBLING HOUSE INC. at the PREMISES. 16. On March 23, 2019, Defendant JOSEPH KRIPP was under the direction and control of Defendant Rambling House Inc. at the PREMISES. 2 FILED: BRONX COUNTY CLERK 11/28/2021 12:21 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 11/28/2021 17. At all times hereinafter mentioned and on March 23, 2019 Defendant THOMAS DRAGO actually worked at the premises. 18. On March 23, 2019, Defendant THOMAS DRAGO was an employee of Defendant RAMBLING HOUSE INC. at the PREMISES. 19. On March 23, 2019, Defendant THOMAS DRAGO was under the direction and control of Defendant Rambling House Inc. at the PREMISES. 20. On March 23, 2019, and at all times mentioned herein, each and every Defendant and/or agents, servants, employees and/or licensees operated, managed, maintained and controlled the aforesaid premises. 21. Each Defendant herein was acting as an agent for each other Defendant herein and as such each is vicariously liable for the others acts. 22. On March 23, 2019, while Plaintiff was lawfully present in the aforesaid location, he was caused to be negligently, intentionally, wrongfully, willfully, maliciously and with gross negligence, physically detained, assaulted, stepped on, beaten, battered and kicked by Defendants, and was caused to sustain severe and permanent injuries. 23. The aforementioned 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 their agency. 24. No negligence on the part of the Plaintiff contributed to the occurrence alleged herein in any manner whatsoever. 25. 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 permanent; and 3 FILED: BRONX COUNTY CLERK 11/28/2021 12:21 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 11/28/2021 as a result of said injuries Plaintiff has been caused to incur, and will continue to incur, expenses for medical care and attention; and Plaintiff, was and will continue to be, rendered unable to perform Plaintiff's normal activities and duties and has sustained a resultant loss therefrom. 26. That as a result of the foregoing, Plaintiff was damaged in the amount of an amount in excess of all lower jurisdictional limits to be determined by the triers of fact. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF LEONARD J. CANORA 27. Plaintiff repeats and realleges each and every allegation set forth above with the same force and effect as if more fully set forth at length herein. 28. The aforementioned occurrence took place due to the willful, wanton and intentional acts and/or omissions of the Defendants and the employees, agents, servants and/or licensees of Defendants, all of whom were acting within the scope of their authority and within the scope and in the furtherance of their employment. 29. That on March 29, 2019 Defendant, JOSEPH KRIPP was on employee agent and/or servant of defendant RAMBLING HOUSE, INC. at the premises. 30. That on March 29, 2019 Defendant, THOMAS DRAGO was on employee agent and/or servant of defendant RAMBLING HOUSE, INC. at the premises. 31. 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. 32. That on and before March 29, 2019, defendant, RAMBLINGS HOUSE, INC. had the duty to properly train, educate and supervise defendant, THOMAS DRAGO in the course of his performance. 4 FILED: BRONX COUNTY CLERK 11/28/2021 12:21 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 11/28/2021 33. At all times hereinafter mentioned RAMBLING HOUSE, INC. breached its duty to properly train, educate and supervise JOSEPH KRIPP and THOMAS DRAGO in the performance of their duties. 34. No negligence on the part of the plaintiff contributed to the occurrence alleged herein in any manner whatsoever. 35. Because of the above state, plaintiff was caused to sustain serious injuries and to have suffered pain, shock, mental anguish; that these injuries and their effects will be permanent; 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. 36. That as a result of the foregoing, plaintiff was damaged in an amount in excess of all lower jurisdictional limits to be determined by the triers of fact. WHEREFORE, Plaintiffs demands judgment against the Defendants on the First Cause and second cause of Action an amount in excess of the jurisdictional limits of all lower courts to be determined by the trials of fact together with the costs and disbursements of this action. Dated: Syosset, New York August 12, 2021 Yours, etc. RICHARD E. NOLL The Noll Law Firm, P.C. 33 Queens Street-Ste 102 Syosset, New York 11791 (516) 307-1199 5 FILED: BRONX COUNTY CLERK 11/28/2021 12:21 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 11/28/2021 VERIFICATION RICHARD E. NOLL, affirms under penalty of perjury: That affirmant is the attorney for the plaintiff in the action within; that affirmant has read the foregoing AMENDED 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 and is made by affirmant is that plaintiff is not presently in the county where the attorneys for the plaintiff(have their office. Affirmant further says that the source of affirmant's information and the grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are from investigations made on behalf of said plaintiff.. DATED: SYOSSET, NEW YORK August 12, 2021 RICHARD E. NOLL FILED: BRONX COUNTY CLERK 11/28/2021 12:21 PM INDEX NO. 20816/2020E NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 11/28/2021