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FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/10/2022
EXHIBIT A
FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/10/2022
STATE OF NEW YORK
DEPARTMENTOF STATE
KATHY HOCHUL
ONE COMMERCE PLAZA
GOVERNOR
99 WASHINGTON AVENUE
ALBANY, NY 12231-0001
. ROBERT J.RODRIGUEZ
WWW.DOS.NY.GOV
SECRETARY OF STATE
May 28, 2022
TOV PROPERTY MANAGEMENT CORP.
PO BOX 445
MONSEY NY 10952, USA
RE: Party Served: TOV PROPERTY MANAGEMENT CORP.
Plaintiff/Petitioner: KALWEEN RODUGUEZ
Receipt Number: 202205280244
Date Served: 03/16/2022
Section of Law: SECTION 306 OF THE BUSINESS CORPORATION LAW
To whom it may concern:
Enclosed is a legal
document thatwas served upon the Secretaryof State as thedesignated agent of theabove named party.The
Department of Stateis requiredby law toforward this legaldocument tothe address on fileforsuch party.This office isnot
authorized tooffer legaladvice. Ifyou have any questionsconceming thisdocument, please contact your attorney.
Sincerely,
Department of State
Division of Corporations, State Records
and Uniform Commercial Code
(518) 473-2492
gwyoax Department
""*"
of State
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NYSCEF DOC. NO. 1
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS
----------o--------------------------------------------------X SUMMONS
KALWEEN RODRIGUEZ,
Plaintiff designates
Plaintiff, Kings County as the
place of trial.
-against-
. The basis of venue is:
TOV MANAGEMENT CORP., TOV PROPERTY Plaintiff's residence.
MANAGEMENT CORP., METROPOLITAN REALTY Plaintiff resides at 233
MANAGEMENT, INC., and METROPLITAN REALTY & Jamaica Avenue,
MANAGEMENT NY INC. Brooldyn, NY 11207
Defendant.
_______.._______..___________________________-------------------X
To the above named Defendant:
You are hereby SUMMONED to appear in this action by serving a notice
of appearance upon plaintiff's attorney undersigned within 20 days after the
service of this Summons exclusive of the day of service, or .within 30 days after
service if this Summons is not personally delivered to you in the State of New
York.
TAKE NOTICE that the nature of this action and the relief sought is to
recover damages for personal injury sustained by plaintiff as a result of the
negligence of the defendant and that, if you fail to appear, judgment will be taken
against you by default for an amount in excess of the jurisdiction of all courts of
inferior jurisdiction.
Dated: NEW YORK, NY
March 9, 2022
Michael Flomenhaft
THE FLOMENHAFT LAW FIRM, PLLC
Attorneys for Plaintiff
90 Broad Street Suited901
New York, NY 10004.
(646) 747-o300
1
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TO: TOV MANAGEMENT CORP.
168 Hooper Street
Brooldyn, NY 11211
TOV PROPERTY ÑIANAGEMENT CORP.
PO Box 445
Monsey, NY 1o952
METROPOLITAN REALTY MANAGEMENT, INC
28 Liberty Street
New York, NY 10005
METROPOLITAN REALTY & MANAGEMENT NY, INC
777 Kent Avenue, suite 228
Brooklyn, NY 11205
2
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FILED : KINGS COUNTY CLERK 03 / 09/ 2022 11: 01 AM
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_________________________________________________________Ç
KALWEEN RODRIGUEZ,
VERIFIED
Plaintiff, COMPLAINT
Index No.:
-against-
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT, CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLITAN REALTY &
MANAGEMENT NY INC.
Defendant.
________________________________________________________x
Plaintiff, complaining of Defendant through his attorneys, The Flomenhaft
Law Firm, PLLC, states upon information and belief that,Wn September 20, 2019
and at all relevant times prior thereto, at 233 Jamaica Avýnue, Brooklyn, NY
11207 (unless otherwise specified):
1. Plaintiff, KALWEEN RODRIGUEZ resides at 233 Jamaica Avenue,
Brooklyn, NY 11207.
2. Defendant, TOV MANAGEMENT CORP., was and still is a profit
corporation duly organized and existing under and by virtue of the laws of the
State of New York and having its principal place of business located at 168
Hooper Street, Brooklyn, NY 11211.
3. Defendant, TOV MANAGEMENT CORP., warand still is a domestic
business corporation organized and under virtue of the laws
duly existing aÊ by
of the State of New York and having its principal place of úsiness located at 168
Hooper Street, Brooklyn, NY 11211.
4. TOV MANAGEMENT COPR, owned and managed and still owns
and manages a residential building located at 233 Jamaica Avenue, Brooklyn, NY
3
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11207 (the Premises).
5. Itwas the-duty of TOV MANAGEMENT CORP., to maintain
Premises in a reasonabl safe and proper condition and free from dangers,
defects, and hazards.
6. TOV MANAGEMENT CORP managed the Premises.
7. TOV MAN ,GEMENT CORP controlled the Premises.
8. TOV MAN GEMENT CORP operated the Premises.
9. TOV MAN GEMENT CORP was responsible for the maintenance of
the Premises.
10. TOV MANAGEMENT CORP had the duty to inspect the Premises at
regular and reasonable intervals.
11. TOV MANAGEMENT CORP supervised personnel at the Premises.
12. TOV MANAGEMENT CORP monitored the Premises.
13. TOV MANAGEMENT CORP inspected the Premises.
14. Defendant, TOV MANAGEMENT CORP., its servants, agents and/or
employees managed, operated, maintained, supervised, inspected, repaired, and
controlled the and the various portions thereof, including garage of the
Premises,
aforesaid premises, an,d had possession of said premises.
15. Defendant, TOV PROPERTY MANAGEMENT CORP., was and still is
a domestic business corporation duly organized and existing under and by virtue
of the laws of the State of New York and having its principal place of business
located at PO Box 445, Monsey New York, 1o952.
16. TOV PROPERTY MANAGEMENT CORP, managed and still
manages a residential building located at 233 Jamaica Avenue, Brooklyn, NY
11207 (the Premises).
17. It was the duty of TOV PROPERTY MANAGEMENT CORP., to
maintain Premises in ayeasonably safe and proper condition and free from
dangers, defects, and hýards.
4
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18. TOV PROPERTY MANAGEMENT CORP managed the Premises.
19. TOV PROPERTY MANAGEMENT CORP controlled the Premises.
20. TOV PROPERTY MANAGEMENT CORP operated the Premises.
21. TOV PROPERTY MANAGEMENT CORP was responsible for the
maintenance of the Premises.
22. TOV PROPERTY MANAGEMENT CORP had the duty to inspect the
Premises at regular and reasonable intervals.
23. TOV PROPERTY MANAGEMENT CORP supervised personnel at the
Premises.
24. TOV PROPERTY MANAGEMENT CORP monitored the Premises.
25. TOV PROPERTY MANAGEMENT CORP inspected the Premises.
26. Defendant, TOV PROPERTY MANAGEMENT CORP., its servants,
agents and/or employees managed, operated, maintained, supervised, inspected,
repaired, and controlled the Premises, and the various podions thereof, including
garage of the aforesaid premises, and had possession of snid premises.
27. Defendant, METROPOLITAN REALTY MAÑAGEMENT, INC., was
and still is a foreign business corporation duly organized and existing under and
by virtue of the laws of the State of New York and having its principal place of
business located at 28 Liberty Street, New York, NY 10005.
28. METROPOLITAN REALTY MANAGEMENT, INC, owned and
managed and still owns and manages a residential building located at 233
Jamaica Avenue, Brooklyn, NY 11207 (the Premises).
29. It was the duty of METROPOLITAN REALTY MANAGEMENT,
INC., to maintain Premises in a reasonably safe and prop condition and free
from dangers, defects, and hazards.
30. METROPOLITAN REALTY MANAGEME , INC managed the
Premises.
31. METROPOLITAN REALTY MANAGEMENT, INC controlled the
5
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Premises.
32. METROPO ITAN REALTY MANAGEMENT, INC operated the
Premises.
33. METROPP TAN REALTY MANAGEMENT, INC was responsible
for the maintenance ofthe Premises.
34. METROPOLITAN REALTY MANAGEMENT, INC had the duty to
inspect the Premises at regular and reasonable intervals.
35. METROPOLITAN REALTY MANAGEMENT, INC supervised
personnel at the Premises.
36. METROPOLITAN REALTY MANAGEMENT, INC monitored the
Premises.
37. METROPOLITAN REALTY MANAGEMENT, INC inspected the
Premises.
38. Defendant METROPOLITAN REALTY MANAGEMENT, INC., its
servants, agents and/of employees managed, operated, maintained, supervised,
inspected, repaired, and controlled the Premises, and the various portions
thereof, including garage of the aforesaid premises, and had possession of said
premises.
39. Defendant, METROPOLITAN REALTY & MANAGEMENT NY, INC.,
was and still is a domestic business corporation duly organized and existing
under and by virtue of the laws of the State of New York and having its principal
place of business located at 777 Kent Avenue, Suite 228, Brooldyn, NY 11205·
40. METROPOLITAN REALTY & MANAGEMENT NY, INC, owned and
managed and still own and manages a residential building located at 233
Jamaica Avenue, Brooklyn, NY 11207 (the Premises).
41. It was the duty of METROPOLITAN REALTY & MANAGEMENT
NY, INC., to maintain Premises in a reasonably safe and proper condition and
free from dangers, defects, and hazards.
6
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42. METROPOLITAN REALTY & MANAGEMENT NY, INC managed
the Premises.
43. METROPOLITAN REALTY & MANAGEMENT NY, INC controlled
the Premises.
44. METROPOLITAN REALTY & MANAGEMENT NY, INC operated
the Premises.
45. METROPOLITAN REALTY & MANAGEMENT NY, INC was
responsible for the maintenance of the Premises.
46. METROPOLITAN REALTY & MANAGEME1 f NY, INC had the duty
to inspect the Premises at regular and reasonable interva .
47. METROPOLITAN REALTY & MANAGEMENT NY, INC supervised
personnel at the Premises.
48. METROPOLITAN REALTY & MANAGEMENT NY, INC monitored
the Premises.
49. METROPOLITAN REALTY & MANAGEMENT NY, INC inspected
the Premises.
50. Defendant, METROPOLITAN REALTY & MANAGEMENT NY, INC.,
its servants, agents and/or employees managed, operated, inaintained,
supervised, inspected, repaired, and controlled the Prem s, and the various
portions thereof, including garage of the aforesaid prem pes, and had possession
of said premises.
51. On September 20, 2019 Plaintiff Kalween Rodriguez, was working as
a superintended of the aforesaid premises. When he entered the garage the
concrete ceiling collapsed hitting him on his head and causing plaintiff to sustain
serious and permanent personal injuries.
52. The defendants, their agents, servants, and employees were
negligent, careless and reckless: in failing to keep and maldiain the Premises in a
safe and proper condition; in failing to properly operate, ;dntrol, manage,
7
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inspect, repair, maintaip, and supervise the aforesaid premises, and in particular
garage of the aforesaid premises; in causing and permitting an unsafe and
hazardous condition to exist at the aforesaid premises; in failing to remedy the
hazardous and defective condition of the ceiling which caused the concrete to fall
striking the plaintiff; in fgiling to properly maintain, repair or remedy the
dangerous and hazardous conditions; in failing to properly and adequately
inspect the garage and ceiling to ensure that itwas in a safe and proper condition;
in failing to repair the ceiling to make itsafe; in causing permitting, creating and
allowing said defective c ling to be, become, and remain in an unsafe, dangerous
and hazardous conditio to users of the entrance of the garage; in failing to have
taken the necessary steps and measures to have the ceiling properly repaired; in
failing to timely repair the ceiling; in failing to inspect the ceiling; in failing to
give any notice or warning to users or passersby of said conditions after they
knew or should have known thereof; failed to properly secure and timely order or
make necessary repairs and alterations to correct and ameliorate a dangerous
and hazardous condition at the Premises; in permitting the defective ceiling to
remain in an unsafe stat which constituted an unreasonably dangerous
condition, a nuisance, aynare and a trap; and in otherwise being negligent,
careless and reckless at He time and place of the incident.
Defendants'
53. As a result of negligence, carelessness and recklessness,
Plaintiff was caused to sustain severe and serious injuries and to have suffered
pain, shock, mental anguish, and loss of enjoyment of life; these injuries and their
effects will be permanent.
54. Because of these injuries, Plaintiff has been, and will continue to be,
rendered unable to perform his normal activities and duties and has sustained
economic loss includin!,-but limited to, loss of earnings and loss of potential to
earn, and he has incurred medical and related expenses.
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55. This action falls within one or more of the exceptions found in CPLR
§ 1602, including CPLR 1602 (2)(iv) and/or CPLR 1602(7).
56. The amount of damages exceeds the jurisdictional limits of all lower
courtsthat otherwise would exercise jurisdiction over thiä matter.
WHEREFORE, Plaintiff demand judgment agairist Defendants that a jury
would find adequate and just, together with the costs aId disbursements of this
action.
9
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ATTORNEY'S VERIFICATION
Michael Flomenhaft, Esq., an attorney duly admitted to practice before
the Courts of the State of.New York, affirms the following to be true under the
penalties of perjury:
I am an attorney t THE FLOMENHAFT LAW FIRM, PLLC, attorneys
of record for Plaintiffs, lif the action within. I have read the annexed:
Verified Complaint
And know the contents thereof, and the same are true to my knowledge,
except those matters therein which are stated to be alleged upon information and
belief, and as to those matters I believe to be true. My belief, as to those matters
herein not stated upon knowledge, is based upon facts, records, and other
pertinent information contained in my files.
The reason this veiiification is made by me and not Plaintiff is that Plaintiff
is/are not presently in the county where his/her attorneys maintain their offices.
DATED: NEW YORK, NY
March 9, 2022
Michael Flomenhaft, Esq.
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FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/10/2022 EXHIBIT A FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/10/2022 STATE OF NEW YORK DEPARTMENTOF STATE KATHY HOCHUL ONE COMMERCE PLAZA GOVERNOR 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 . ROBERT J.RODRIGUEZ WWW.DOS.NY.GOV SECRETARY OF STATE May 28, 2022 TOV PROPERTY MANAGEMENT CORP. PO BOX 445 MONSEY NY 10952, USA RE: Party Served: TOV PROPERTY MANAGEMENT CORP. Plaintiff/Petitioner: KALWEEN RODUGUEZ Receipt Number: 202205280244 Date Served: 03/16/2022 Section of Law: SECTION 306 OF THE BUSINESS CORPORATION LAW To whom it may concern: Enclosed is a legal document thatwas served upon the Secretaryof State as thedesignated agent of theabove named party.The Department of Stateis requiredby law toforward this legaldocument tothe address on fileforsuch party.This office isnot authorized tooffer legaladvice. Ifyou have any questionsconceming thisdocument, please contact your attorney. Sincerely, Department of State Division of Corporations, State Records and Uniform Commercial Code (518) 473-2492 gwyoax Department ""*" of State FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/10/2022 INDEX NO. 506931/2022 RECEIVED NYSCEF: 03/09/2022 NYSCEF DOC. NO. 1 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS ----------o--------------------------------------------------X SUMMONS KALWEEN RODRIGUEZ, Plaintiff designates Plaintiff, Kings County as the place of trial. -against- . The basis of venue is: TOV MANAGEMENT CORP., TOV PROPERTY Plaintiff's residence. MANAGEMENT CORP., METROPOLITAN REALTY Plaintiff resides at 233 MANAGEMENT, INC., and METROPLITAN REALTY & Jamaica Avenue, MANAGEMENT NY INC. Brooldyn, NY 11207 Defendant. _______.._______..___________________________-------------------X To the above named Defendant: You are hereby SUMMONED to appear in this action by serving a notice of appearance upon plaintiff's attorney undersigned within 20 days after the service of this Summons exclusive of the day of service, or .within 30 days after service if this Summons is not personally delivered to you in the State of New York. TAKE NOTICE that the nature of this action and the relief sought is to recover damages for personal injury sustained by plaintiff as a result of the negligence of the defendant and that, if you fail to appear, judgment will be taken against you by default for an amount in excess of the jurisdiction of all courts of inferior jurisdiction. Dated: NEW YORK, NY March 9, 2022 Michael Flomenhaft THE FLOMENHAFT LAW FIRM, PLLC Attorneys for Plaintiff 90 Broad Street Suited901 New York, NY 10004. (646) 747-o300 1 FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/10/2022 INDEX NO. 506931/2022 ILED: KINGS COUNTY CLERK 03/09/2022 11: 01 A I YSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 TO: TOV MANAGEMENT CORP. 168 Hooper Street Brooldyn, NY 11211 TOV PROPERTY ÑIANAGEMENT CORP. PO Box 445 Monsey, NY 1o952 METROPOLITAN REALTY MANAGEMENT, INC 28 Liberty Street New York, NY 10005 METROPOLITAN REALTY & MANAGEMENT NY, INC 777 Kent Avenue, suite 228 Brooklyn, NY 11205 2 FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/10/2022 INDEX NO. 506931/2022 FILED : KINGS COUNTY CLERK 03 / 09/ 2022 11: 01 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _________________________________________________________Ç KALWEEN RODRIGUEZ, VERIFIED Plaintiff, COMPLAINT Index No.: -against- TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT, CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC. Defendant. ________________________________________________________x Plaintiff, complaining of Defendant through his attorneys, The Flomenhaft Law Firm, PLLC, states upon information and belief that,Wn September 20, 2019 and at all relevant times prior thereto, at 233 Jamaica Avýnue, Brooklyn, NY 11207 (unless otherwise specified): 1. Plaintiff, KALWEEN RODRIGUEZ resides at 233 Jamaica Avenue, Brooklyn, NY 11207. 2. Defendant, TOV MANAGEMENT CORP., was and still is a profit corporation duly organized and existing under and by virtue of the laws of the State of New York and having its principal place of business located at 168 Hooper Street, Brooklyn, NY 11211. 3. Defendant, TOV MANAGEMENT CORP., warand still is a domestic business corporation organized and under virtue of the laws duly existing aÊ by of the State of New York and having its principal place of úsiness located at 168 Hooper Street, Brooklyn, NY 11211. 4. TOV MANAGEMENT COPR, owned and managed and still owns and manages a residential building located at 233 Jamaica Avenue, Brooklyn, NY 3 FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/10/2022 INDEX NO. 506931/2022 ÑYSCEF DOC . NO. 1 RECEIVED NYSCEF: 03/09/2022 11207 (the Premises). 5. Itwas the-duty of TOV MANAGEMENT CORP., to maintain Premises in a reasonabl safe and proper condition and free from dangers, defects, and hazards. 6. TOV MANAGEMENT CORP managed the Premises. 7. TOV MAN ,GEMENT CORP controlled the Premises. 8. TOV MAN GEMENT CORP operated the Premises. 9. TOV MAN GEMENT CORP was responsible for the maintenance of the Premises. 10. TOV MANAGEMENT CORP had the duty to inspect the Premises at regular and reasonable intervals. 11. TOV MANAGEMENT CORP supervised personnel at the Premises. 12. TOV MANAGEMENT CORP monitored the Premises. 13. TOV MANAGEMENT CORP inspected the Premises. 14. Defendant, TOV MANAGEMENT CORP., its servants, agents and/or employees managed, operated, maintained, supervised, inspected, repaired, and controlled the and the various portions thereof, including garage of the Premises, aforesaid premises, an,d had possession of said premises. 15. Defendant, TOV PROPERTY MANAGEMENT CORP., was and still is a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York and having its principal place of business located at PO Box 445, Monsey New York, 1o952. 16. TOV PROPERTY MANAGEMENT CORP, managed and still manages a residential building located at 233 Jamaica Avenue, Brooklyn, NY 11207 (the Premises). 17. It was the duty of TOV PROPERTY MANAGEMENT CORP., to maintain Premises in ayeasonably safe and proper condition and free from dangers, defects, and hýards. 4 FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/10/2022 INDEX NO. 506931/2022 DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 NYSCEF 18. TOV PROPERTY MANAGEMENT CORP managed the Premises. 19. TOV PROPERTY MANAGEMENT CORP controlled the Premises. 20. TOV PROPERTY MANAGEMENT CORP operated the Premises. 21. TOV PROPERTY MANAGEMENT CORP was responsible for the maintenance of the Premises. 22. TOV PROPERTY MANAGEMENT CORP had the duty to inspect the Premises at regular and reasonable intervals. 23. TOV PROPERTY MANAGEMENT CORP supervised personnel at the Premises. 24. TOV PROPERTY MANAGEMENT CORP monitored the Premises. 25. TOV PROPERTY MANAGEMENT CORP inspected the Premises. 26. Defendant, TOV PROPERTY MANAGEMENT CORP., its servants, agents and/or employees managed, operated, maintained, supervised, inspected, repaired, and controlled the Premises, and the various podions thereof, including garage of the aforesaid premises, and had possession of snid premises. 27. Defendant, METROPOLITAN REALTY MAÑAGEMENT, INC., was and still is a foreign business corporation duly organized and existing under and by virtue of the laws of the State of New York and having its principal place of business located at 28 Liberty Street, New York, NY 10005. 28. METROPOLITAN REALTY MANAGEMENT, INC, owned and managed and still owns and manages a residential building located at 233 Jamaica Avenue, Brooklyn, NY 11207 (the Premises). 29. It was the duty of METROPOLITAN REALTY MANAGEMENT, INC., to maintain Premises in a reasonably safe and prop condition and free from dangers, defects, and hazards. 30. METROPOLITAN REALTY MANAGEME , INC managed the Premises. 31. METROPOLITAN REALTY MANAGEMENT, INC controlled the 5 FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/10/2022 FILED : KINGS COUNTY CLERK 03/09/2022 11:01 INDEX NO. 506931/2022 AM lÓYSCEF DOC. NO. 1 . RECEIVED NYSCEF: 03/09/2022 Premises. 32. METROPO ITAN REALTY MANAGEMENT, INC operated the Premises. 33. METROPP TAN REALTY MANAGEMENT, INC was responsible for the maintenance ofthe Premises. 34. METROPOLITAN REALTY MANAGEMENT, INC had the duty to inspect the Premises at regular and reasonable intervals. 35. METROPOLITAN REALTY MANAGEMENT, INC supervised personnel at the Premises. 36. METROPOLITAN REALTY MANAGEMENT, INC monitored the Premises. 37. METROPOLITAN REALTY MANAGEMENT, INC inspected the Premises. 38. Defendant METROPOLITAN REALTY MANAGEMENT, INC., its servants, agents and/of employees managed, operated, maintained, supervised, inspected, repaired, and controlled the Premises, and the various portions thereof, including garage of the aforesaid premises, and had possession of said premises. 39. Defendant, METROPOLITAN REALTY & MANAGEMENT NY, INC., was and still is a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York and having its principal place of business located at 777 Kent Avenue, Suite 228, Brooldyn, NY 11205· 40. METROPOLITAN REALTY & MANAGEMENT NY, INC, owned and managed and still own and manages a residential building located at 233 Jamaica Avenue, Brooklyn, NY 11207 (the Premises). 41. It was the duty of METROPOLITAN REALTY & MANAGEMENT NY, INC., to maintain Premises in a reasonably safe and proper condition and free from dangers, defects, and hazards. 6 FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/10/2022 INDEX NO. 506931/2022 RECEIVED NYSCEF: 03/09/2022 NYSCEF DOC. NO. 1 42. METROPOLITAN REALTY & MANAGEMENT NY, INC managed the Premises. 43. METROPOLITAN REALTY & MANAGEMENT NY, INC controlled the Premises. 44. METROPOLITAN REALTY & MANAGEMENT NY, INC operated the Premises. 45. METROPOLITAN REALTY & MANAGEMENT NY, INC was responsible for the maintenance of the Premises. 46. METROPOLITAN REALTY & MANAGEME1 f NY, INC had the duty to inspect the Premises at regular and reasonable interva . 47. METROPOLITAN REALTY & MANAGEMENT NY, INC supervised personnel at the Premises. 48. METROPOLITAN REALTY & MANAGEMENT NY, INC monitored the Premises. 49. METROPOLITAN REALTY & MANAGEMENT NY, INC inspected the Premises. 50. Defendant, METROPOLITAN REALTY & MANAGEMENT NY, INC., its servants, agents and/or employees managed, operated, inaintained, supervised, inspected, repaired, and controlled the Prem s, and the various portions thereof, including garage of the aforesaid prem pes, and had possession of said premises. 51. On September 20, 2019 Plaintiff Kalween Rodriguez, was working as a superintended of the aforesaid premises. When he entered the garage the concrete ceiling collapsed hitting him on his head and causing plaintiff to sustain serious and permanent personal injuries. 52. The defendants, their agents, servants, and employees were negligent, careless and reckless: in failing to keep and maldiain the Premises in a safe and proper condition; in failing to properly operate, ;dntrol, manage, 7 FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/10/2022 INDEX NO. 506931/2022 ÑYSCEF DÒC. NO. 1 RECEIVED NYSCEF: 03/09/2022 inspect, repair, maintaip, and supervise the aforesaid premises, and in particular garage of the aforesaid premises; in causing and permitting an unsafe and hazardous condition to exist at the aforesaid premises; in failing to remedy the hazardous and defective condition of the ceiling which caused the concrete to fall striking the plaintiff; in fgiling to properly maintain, repair or remedy the dangerous and hazardous conditions; in failing to properly and adequately inspect the garage and ceiling to ensure that itwas in a safe and proper condition; in failing to repair the ceiling to make itsafe; in causing permitting, creating and allowing said defective c ling to be, become, and remain in an unsafe, dangerous and hazardous conditio to users of the entrance of the garage; in failing to have taken the necessary steps and measures to have the ceiling properly repaired; in failing to timely repair the ceiling; in failing to inspect the ceiling; in failing to give any notice or warning to users or passersby of said conditions after they knew or should have known thereof; failed to properly secure and timely order or make necessary repairs and alterations to correct and ameliorate a dangerous and hazardous condition at the Premises; in permitting the defective ceiling to remain in an unsafe stat which constituted an unreasonably dangerous condition, a nuisance, aynare and a trap; and in otherwise being negligent, careless and reckless at He time and place of the incident. Defendants' 53. As a result of negligence, carelessness and recklessness, Plaintiff was caused to sustain severe and serious injuries and to have suffered pain, shock, mental anguish, and loss of enjoyment of life; these injuries and their effects will be permanent. 54. Because of these injuries, Plaintiff has been, and will continue to be, rendered unable to perform his normal activities and duties and has sustained economic loss includin!,-but limited to, loss of earnings and loss of potential to earn, and he has incurred medical and related expenses. FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/10/2022 INDEX NO. 506931/2022 FILED: KINGS COUNTY CLERK 03/09/2022 11: 01 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 55. This action falls within one or more of the exceptions found in CPLR § 1602, including CPLR 1602 (2)(iv) and/or CPLR 1602(7). 56. The amount of damages exceeds the jurisdictional limits of all lower courtsthat otherwise would exercise jurisdiction over thiä matter. WHEREFORE, Plaintiff demand judgment agairist Defendants that a jury would find adequate and just, together with the costs aId disbursements of this action. 9 FILED: KINGS COUNTY CLERK 08/10/2022 03:11 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 08/10/2022 INDEX NO. 506931/2022 YSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2022 ATTORNEY'S VERIFICATION Michael Flomenhaft, Esq., an attorney duly admitted to practice before the Courts of the State of.New York, affirms the following to be true under the penalties of perjury: I am an attorney t THE FLOMENHAFT LAW FIRM, PLLC, attorneys of record for Plaintiffs, lif the action within. I have read the annexed: Verified Complaint And know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe to be true. My belief, as to those matters herein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. The reason this veiiification is made by me and not Plaintiff is that Plaintiff is/are not presently in the county where his/her attorneys maintain their offices. DATED: NEW YORK, NY March 9, 2022 Michael Flomenhaft, Esq.