Preview
FILED: RICHMOND COUNTY CLERK 08/18/2021 02:46 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/18/2021
FILED: RICHMOND COUNTY CLERK 08/18/2021 02:46 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/18/2021
FILE #: 32137
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
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KEESHA WOODS
Index No 152064/2020
Plaintiff(s),
-against-
MUSLEH-FOREST REALTY, LLC, MEKKAH
MEDITERANEAN MARKET and DOLLAR GENERAL
STORE
Defendant(s).
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STATE OF NEW YORK
COUNTY OF NEW YORK
KEESHA WOODS, being duly sworn deposes and states.
1. I am the Plaintiff in this action and I am moving for Default Judgment against ,
MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE who are
default of Pleading.
2. The incident occurred on 05/16/2020, Saturday at approximately 3:15 P.M.
3. The incident occurred on the premises located at 2256 Forest Avenue, Staten Island,
4. That at all the times herein mentioned, and more particularly 5/16/2020, 2256 Forest
Avenue, and 2264 were and stillare premises in the Borough of Staten Island, County of
Richmond, City and State of New York which consisted of buildings and a shared
parking lot thereat.
5. That said parking lot was a public thoroughfare along and over which the public at large
had a right to walk.
FILED: RICHMOND COUNTY CLERK 08/18/2021 02:46 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/18/2021
6. That at all times herein mentioned, the defendant MEKKAH MEDITERANEAN
MARKET, was the owner of the premises located at 2256 Forest Avenue, Staten Island,
New York
7. That at all the times herein mentioned, the defendant DOLLAR GENERAL STORE, was
the owner of the premises located at 2264 Forest Avenue, Staten Island, New York.
8. That at all the times herein mentioned, MEKKAH MEDITERANEAN MARKET and
DOLLAR GENERAL STORE owned, operated , maintained managed and controlled the
adjoining Parking Lot.
9. That at all the times herein mentioned, itwas the duty of the defendant(s) their agents,
servants and/or employees to keep and maintain said parking lot in a reasonable state of
repair and good and safe condition, and not to suffer and permit said premises to become
unsafe and dangerous to pedestrians and/or customers.
10. That on or about 5/16/2020, while plaintiff was lawfully walking on the aforementioned
parking lot, plaintiff KEESHA WOODS was caused to trip and fall and sustain multiple
injuries by reason of the negligence, carelessness and want of proper care of the
defendant(s), itsagents, servants and/or employees.
11. That the said incident and resulting injuries to the plaintiff were caused through no fault
of her own but were solely and wholly caused by reason of the negligence of the
defendants, their agents, servants and/or employees in that the defendants suffered,
caused and/or permitted and/or allowed portions of said parking lot, to be, become and
remain in a dangerous, defective, hazardous, unsafe, broken, cracked, uneven, holey,
chipped, depressed, raised, unsmooth, loose condition and was negligently and/or
improperly maintained, and same was otherwise so dangerous, hazardous, and/or
FILED: RICHMOND COUNTY CLERK 08/18/2021 02:46 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/18/2021
unsuitable for use by persons lawfully upon the parking lot constituting a nuisance and a
trap, and permitting same to be and remain in such a dangerous and defective condition
for a long period and/or unreasonable period of time; in improperly causing, suffering,
permitting and/or allowing improper construction of said parking lot and in failing to
properly maintaining said parking lot,in permitting and allowing defective repairs on
said parking lot, in failing to apprise and/or warn the public and in particular the plaintiff
of the aforementioned conditions; in failing to place signs, barricades, warnings and/or
other devices to apprise persons of the dangerous, unsafe condition thereat; in generally
maintaining said parking lot in such a dangerous defective and/or unsafe condition so as
to cause the incident herein complained of; in creating and maintaining a menace, hazard,
nuisance and trap thereat; in failing to comply with the laws, statutes, ordinances and
regulations made and provided therefor. Plaintiff further relies on the doctrine of Res
Ipsa Loquitur.
12. Both actual and constructive notice are claimed. Actual notice in that the defendants,
their agents, servants and/or employees had actual knowledge and/or created the
complained of condition; constructive notice in that the condition existed for a long and
unreasonable period of time.
13. The Court will take judicial notice of any and all applicable, statutes, laws, rules,
regulations and/or ordinances, violated by the defendants at the trial of this action,
but not limited to the New York Administrative Code Title section 19-
including City 19,
138, 19-139, 19-143, 19-146, 19-147. The plaintiff reserves the right to allege additional
violations as may become apparent based on the evidence adduced at trial.
FILED: RICHMOND COUNTY CLERK 08/18/2021 02:46 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/18/2021
That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and
permanent injuries and I injured my LEFT FOOT/ANKLE: LUMBOSACRAL SPINE: and
HEAD.
14. The Summons and Complaint was filed on November 10, 2020.
15. MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE were both
served on November 24, 2020 filed on November 29, 2020.
16. Defendants have not appeared.
17. 1 have read the forgoing and it's trtfe and accurate.
Date July 2021
K ESHA WDÓDS
Sworn to on the
day of , 9021
otar ubli
ANGÈLÄ h/f.SPËÖÏÃ[E
Public - State of New York
Notary
No. 01SP6390180
Qualified in Richmond County
My Commission Expires: 04/08/2023
Preview
FILED: RICHMOND COUNTY CLERK 08/18/2021 02:46 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/18/2021 FILED: RICHMOND COUNTY CLERK 08/18/2021 02:46 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/18/2021 FILE #: 32137 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND --------------------------------------------------------------------X KEESHA WOODS Index No 152064/2020 Plaintiff(s), -against- MUSLEH-FOREST REALTY, LLC, MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE Defendant(s). -------------------------------------------------------------------X STATE OF NEW YORK COUNTY OF NEW YORK KEESHA WOODS, being duly sworn deposes and states. 1. I am the Plaintiff in this action and I am moving for Default Judgment against , MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE who are default of Pleading. 2. The incident occurred on 05/16/2020, Saturday at approximately 3:15 P.M. 3. The incident occurred on the premises located at 2256 Forest Avenue, Staten Island, 4. That at all the times herein mentioned, and more particularly 5/16/2020, 2256 Forest Avenue, and 2264 were and stillare premises in the Borough of Staten Island, County of Richmond, City and State of New York which consisted of buildings and a shared parking lot thereat. 5. That said parking lot was a public thoroughfare along and over which the public at large had a right to walk. FILED: RICHMOND COUNTY CLERK 08/18/2021 02:46 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/18/2021 6. That at all times herein mentioned, the defendant MEKKAH MEDITERANEAN MARKET, was the owner of the premises located at 2256 Forest Avenue, Staten Island, New York 7. That at all the times herein mentioned, the defendant DOLLAR GENERAL STORE, was the owner of the premises located at 2264 Forest Avenue, Staten Island, New York. 8. That at all the times herein mentioned, MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE owned, operated , maintained managed and controlled the adjoining Parking Lot. 9. That at all the times herein mentioned, itwas the duty of the defendant(s) their agents, servants and/or employees to keep and maintain said parking lot in a reasonable state of repair and good and safe condition, and not to suffer and permit said premises to become unsafe and dangerous to pedestrians and/or customers. 10. That on or about 5/16/2020, while plaintiff was lawfully walking on the aforementioned parking lot, plaintiff KEESHA WOODS was caused to trip and fall and sustain multiple injuries by reason of the negligence, carelessness and want of proper care of the defendant(s), itsagents, servants and/or employees. 11. That the said incident and resulting injuries to the plaintiff were caused through no fault of her own but were solely and wholly caused by reason of the negligence of the defendants, their agents, servants and/or employees in that the defendants suffered, caused and/or permitted and/or allowed portions of said parking lot, to be, become and remain in a dangerous, defective, hazardous, unsafe, broken, cracked, uneven, holey, chipped, depressed, raised, unsmooth, loose condition and was negligently and/or improperly maintained, and same was otherwise so dangerous, hazardous, and/or FILED: RICHMOND COUNTY CLERK 08/18/2021 02:46 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/18/2021 unsuitable for use by persons lawfully upon the parking lot constituting a nuisance and a trap, and permitting same to be and remain in such a dangerous and defective condition for a long period and/or unreasonable period of time; in improperly causing, suffering, permitting and/or allowing improper construction of said parking lot and in failing to properly maintaining said parking lot,in permitting and allowing defective repairs on said parking lot, in failing to apprise and/or warn the public and in particular the plaintiff of the aforementioned conditions; in failing to place signs, barricades, warnings and/or other devices to apprise persons of the dangerous, unsafe condition thereat; in generally maintaining said parking lot in such a dangerous defective and/or unsafe condition so as to cause the incident herein complained of; in creating and maintaining a menace, hazard, nuisance and trap thereat; in failing to comply with the laws, statutes, ordinances and regulations made and provided therefor. Plaintiff further relies on the doctrine of Res Ipsa Loquitur. 12. Both actual and constructive notice are claimed. Actual notice in that the defendants, their agents, servants and/or employees had actual knowledge and/or created the complained of condition; constructive notice in that the condition existed for a long and unreasonable period of time. 13. The Court will take judicial notice of any and all applicable, statutes, laws, rules, regulations and/or ordinances, violated by the defendants at the trial of this action, but not limited to the New York Administrative Code Title section 19- including City 19, 138, 19-139, 19-143, 19-146, 19-147. The plaintiff reserves the right to allege additional violations as may become apparent based on the evidence adduced at trial. FILED: RICHMOND COUNTY CLERK 08/18/2021 02:46 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/18/2021 That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and permanent injuries and I injured my LEFT FOOT/ANKLE: LUMBOSACRAL SPINE: and HEAD. 14. The Summons and Complaint was filed on November 10, 2020. 15. MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE were both served on November 24, 2020 filed on November 29, 2020. 16. Defendants have not appeared. 17. 1 have read the forgoing and it's trtfe and accurate. Date July 2021 K ESHA WDÓDS Sworn to on the day of , 9021 otar ubli ANGÈLÄ h/f.SPËÖÏÃ[E Public - State of New York Notary No. 01SP6390180 Qualified in Richmond County My Commission Expires: 04/08/2023