Preview
FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018
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SUPREME COURT OF THE STATE OF NEW YORK
Index No.:
COUNTY OF BRONX
Date Purchased:
..-------------.... ....-...__.--...__.---.x
LUIS ANGEL SUMMONS
PACHECO,
Plaintiffs designate Bronx
Plaintiff,
County as the place of trial.
-against-
The basis of venue is:
Bronx County
F&Y DEL1 GROCERY CORP., and 1990 ELLIS AVENUE
CORP.,
Plaintiffsreside at:
2039 Ellis Avenue, Apt#1
Defendants,
Bronx, NY 10462
_.-------..--.-------_._____..,._._.._.....X
County of Bronx
To the above named Defendants:
You are hereby summoned toanswer thecomplaint inthis action, and to servea copy
of your answer, or, ifthe complaint is not served with this summons, to serve a notice ofappearance
on the plaintiffs attorneys within twenty days after the service of thissummons, exclusiveofthe day
of service, where service ismade by delivery upon you personally within the state,or,within30 days
after completion of service where service is made in any other manner. In case of your failure to
relief'
appear or answer, judgment will be taken against you by default for the reliefdemanded in the
complaint.
Dated: New York, New York
August 9, 2017
.
—,~)'
---'.(.'----',.7
,.
ATHAN S WACHLARZ, ESQ.
LAW OFFICES OF MICHAEL S. LAMONSOFF,
PLLC
Attorneys for Plainn(f
LUIS ANGEL PACHECO
Financial Square at 32 Old - 8th FL
Slip
New York, New York 10005
(212) 962-1020
Our File No. 26218
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TO:
F & Y DELI GROCERY CORP,
1213Pugsley Avenue
Bronx, NY 10472
1990 ELLIS AVENUE CORP,
209 Beach 9th Street
Far Rockaway, NY 11691
AVENUL'
1990 ELLIS AVENUE CORP.
4"'
204 West 4 Street
New York, NY 10024
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I"
SUPREME COURT OF THE STATE OF NEW YORK
01"
COUNTY OF BRONX Index No.:
--------------------------------------X Date Purchased:
LUIS ANGEL PACHECO,
VERIFIED COMPLAINT
Plaintiff,
-against-
AVENUL'
F&Y DELI OROCERY CORP., and 1990 ELLIS AVENUE
CORP.,
Defendants,
-----------------------------------X
Plaintiffs, by his attorneys LAW O FFICES OF MICHAEL S. LAMONSOFF, PLLC,
of the Defendants, respectfully allege, upon information and belief, as follows:
IRS'I'
AS AND FOR A FIRST CA USE OF ACTION
AGAINST THE DEFENDANT F&Y DELI GROCERY CORP.
1. Th.at at alltimes herein mentioned, Plaintiff LUIS ANGEL PACHECO was, and
still
is,a resident of the County of Bronx, State of New York.
2. That thisaction falls within one or more of the exemptions setforth inCPLR § 1602.
3. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERY CORP.,
was and still isa domestic corporation duly organized and existing under and by virtue of thelaws
of the State of New York.
4. That at alltimes herein mentioned, the Defendant F4 V DELI GROCERY CORP.,
was and stillisa domestic limited liabilitycorporation duly authori7-ed to do business in theStateof
New York.
3
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5. That at alltimes herein mentioned, the Defendant F & Y DEL1 GROCERY CORP.,
was and stillis a partnership organized and existing corporation duly authorized to dobusiness in
the State of New York.
I<"
6. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERY CORP.,
was and stillis a foreign corporation duly authorized to do business in the State of New York.
7. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERY CORP.,
was and stillisa foreign limited liabilitycorporation duly authorized to do business in theState of
New York.
I<'
8. That at all times hereinafter mentioned F & Y DELI GROCERY CORP.,
maintained a principle place of business at 1213 Pugsley Avenue, Bronx, NY 10472, in theCounty
of Bronx, State of New York.
9. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERY CORP.,
operated the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, inthe County
of Bronx, State of New York.
10. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERY CORP.,
owned the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, inthe County of
Bronx, State of New York.
]1. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERYCORP,,
managed the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, inthe County
of Bronx, State of New York.
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12. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERY CORP.,
maintained the aforesaid premises knownas 1213 Pugsley Avenue, Bronx, NY 10472, in the County
of Bronx, State of New York.
13. That at alltimes herein mentioned, the Defendant F & Y DEL1 GROCERY CORP.,
controlled the aforesaid premises known as 1213 Pugsley Avenue, Bronx,NY 10472, in the County
of Bronx, State of New York.
14. That at alltimes herein mentioned, the Defendant F & Y DEL1GROCERY CORP,,
performed repairs the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472,in the
ol'
County of Bronx, State of New York. .
I5. That at alltimes herein mentioned, the Defendant F 4 Y DELI GROCERY CORP.,
of'
was managing agent and or property manager of the premises known as 1213 Pugsley Avenue,
Bronx, NY 10472, in the County of Bronx, State of New York,
I<'
1 6. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERY CORP.,
was the lessor of the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, inthe
County of.Bronx, State of New York.
17. That at alltimes herein mentioned, the DefendantF 4 Y DELI GROCERY CORP.,
was the lessee of the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, inthe
County of Bronx, State of New York.
18. That atall times herein mentioned, the Defendant F & Y DELI GROCERY CORP.,
conducted business at the premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the
County of Bronx, State of New York.
5
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I<"
19. That at alltimes herein mentioned, Defendant F 4 Y DELI GROCERY CORP,,
was responsible for repairs to the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY
10472, in the County of Bronx, State of New York.
20. On April 24, 2017 PlaintiffLUIS ANGEL PACHECO was lawfully on the aforesaid
premises.
Plaintiff'
21. On April 24, 2017 Plaintiff LUIS ANGEL PACHECO was caused toslip and fall
while lawfully present upon the premises located at 1213 Pugsley Avenue and sustain serious and
permanent injuries.
22. That Defendant F & Y DELI GROCERY CORP., had a dutytomaintain and keep
in good repair the business atthe premise known as)2I3 Pugsley Avenue, Bronx, NY 10472, inthe
County of Bronx, State of New York.
23. The above mentioned occurrence, and the result thereof, were caused by the
negligence and or statutory violation of the Defendant and/or said Defendant's servants, agents,
employees and/or licensees in theownership, operation, management, maintenance and control ofthe
aforesaid premises.
24. That no negligence on the part ifthe Plaintiffcontributed to the occurrence alleged
herein in lllal'lnel'
manner
any whatsoever.
25. That because of theabove statedpremises, PlaintiffLUIS ANGEL PACHECO, was
caused to sustain serious injuries and to have suffered, pain, shock, mental anguish; that these
injuries and theireffects will be permanent; and as a resultof said injuries Plaintiffhas been caused
to incur, and willcontinue to incur, expenses formedical care and attention;and as a further result,
6
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Plaintiff and Plaintiff"
was, will continue to be, rendered unable to perform Plaintiff's normal activitiesand
duties and has sustained a resultant loss therefrom.
26. That as a result of the foregoing, Plaintiff was damaged in a sum which exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
AG AINST THE DEFENDANT 1990 ELLIS AVENUE CORP.
27. That at all times herein mentioned, Plaintiff LUIS ANGEL PACHECO repeats,
reiterates and realleges each and every allegation contained in the first
action herein as though set
forth at length herein.
28. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP.,
was and stillisa domestic corporation duty organized and existing under and by virtueofthe laws of
the State of New York.
29. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP.,
was and stillisa domestic limited liabilitycorporation duly authorized to do business inthe State of
New York.
30. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP.,
was and stillisa partnership organized and existing corporation duly authorized to do business in the
State of New York.
31. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP.,
was and stillis a foreign corporation duly authorized to do business in the State of New York.
7
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32. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP.,
was and still is a foreign limited liabilitycorporation duly authorized to do business inthe State of
New York.
33. That at alltimeshereinafter mentioned 1990 ELLIS AVENUE CORP,, maintained a
principle place of business at 1213 Pugsley Avenue, Bronx, NY 10472, inthe County of Bronx, State
of New York.
34. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP.,
operated the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the County of
Bronx, State of New York.
35. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP.,
of'
owned the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in theCounty of
Bronx, State of New York.
36. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP.,
managed the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in theCounty of
Bronx, State of New York.
37. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP.,
maintained the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the County
of Bronx, State of New York.
38. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP.,
controlled the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in theCounty
of Bronx, State of New York.
iN
8
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39. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP.,
performed repairs the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the
County of Bronx, State of New York.
40. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP.,
of'
was managing agent and or property manager of the premises known as 1213 Pugsley Avenue,
Bronx, NY 10472, in the County of Bronx, State of New York.
41. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP.,
was the lessor of the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the
County of Bronx, State of New York.
42. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP.,
was the lessee of the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, inthe
County of Bronx, State of New York.
43. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP.,
conducted business at the premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the
County of Bronx, State of New York.
44. That at alltimes herein mentioned, Defendant 1990 ELLIS AVENUE CORP., was
responsible for repairs to theaforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472,
in the County of Bronx, State of New York.
45. On April 24, 2017 Plaintiff LUIS ANGEL PACHECO was lawfully on theaforesaid
premises.
9
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46. On April 24, 2017 PlaintiffLUIS ANGEL PACHECO was caused and
to slip fall
present'
while lawfully present upon the premises located at I213 Pugsley Avenue and sustain serious and
permanent injuries.
47. That Defendant 1990 ELLIS AVENUE CORP., had a duty to maintain and keep in
good repair the business at the premise known as1213 Pugsley Avenue, Bronx, NY 10472, in the
County of Bronx, State of New York.
48. The above mentioned occurrence, and the result thereof, were caused by the
negligence and or statutory violation of the Defendant and/or said Defendant's servants, agents,
employees and/or licensees in theownership, operation, management, maintenance and control ofthe
aforesaid premises.
49. That no negligence on the part ifthe Plaintiffcontributed to the occurrence alleged
herein in any manner whatsoever.
50. That because of the above statedpremises, PlaintiffLUIS ANGEL PACHECO, was
caused to sustain serious injuries and to have suffered, pain, shock, mental anguish; that these
injuries and theireffects will be permanent; and as a resultof said injuries Plaintiffhas been caused
to incur, and will continue to incur, expenses for medical care and attention;and as a furtherresult,
Plaintiff was, and will continue to be, rendered unable to perform Plaintiff'snormal and
activities
duties and has sustained a resultant loss therefrom.
5 l. That as a result of the foregoing, Plaintiff was damaged in a sum which exceeds the
jurisdictional limits of all lower courts which would otherwise have jurisdiction.
WHEREFORE, Plaintiffdemands judgment against the Defendants herein on allcauses
of action, in a sum exceeding the jurisdictional limitsof alllower courts which would otherwise
10
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have jurisdiction, together with the costs and disbursements of this action.
Dated: New York, New York
August 9, 2017
Yours, / .')
(,:'
-c~
JO - HAN S. WACHLARZ ESQ
OI"
L OFFICES OF M1CHAEL 8 AMONSOFF,
PLLC
Attorneys fbr Plaintiff
LUIS ANGEL PACHECO
Financial Square at 32 Old - 8th FL
Slip
New York, New York 10005
(212) 962-1020
Our FileNo. 26218
11
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ATTORNEY'S VERIFICATION
JONATHAN S. WACHLARZ, 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 at LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC, attorneys of
record forPlaintiff, LUIS ANGEL PAC.HECO, in the action within. I have read the annexed
BILL OF PARTICULARS and know the contents thereof, and the same are true tomy
knowledge, except those matters therein which are stated to be alleged upon information and
belief, and as tothose matters I believe them to be true, My belief, as to those matters therein not
stated upon knowledge, is based upon facts, records, and other pertinent information contained in
my files.
This verification ismade by me because Plaintiffis not presently in the county wherein I
maintain my offices.
DATED: New York, New York
August 9, 2017
g' r-..7
(, i,'::
Jp$ÁTHAN S WACHLARZ
(~'
12
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Index No.
01"
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
LUlS ANGEL PACHECO,
Plaintiff,
-against-
"aga)nst
F&Y DELI GROCERY CORP., and 1990 ELLlS AVENUE CORP.,
Defendants,
___....._...... .--,_ .___________..---. .. __...
.. .... .
SUMMONS AND VERIFIED COMPLAINT
..,,-.. ..--.,...,....
v; ..._____-.---..-..,,,.... ..--.-,
LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC
Attorneys for Plaintiff
Financial Square at 32 Old Slip -8th FL
New York, New York 10005
(212)962-1020
~~dr4ltvvetve
Pursuanito 22NYCRR 130-1.1, the undersigned, an attorneyadmitted to practicein the courtsof the State
of New York, certifies upon information and beliefand're sonable inquiry,tilecontentionscontained
in theannexed document
that,
are not frivolous. .
-'
cv. ., )
..-
'v ~' t
/ ~-"'r'Q(
WACHLARZ~SQ."'
O .ATHAN S. WACHLARZASQ
c''..
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-
NYSCEF Bronx County Supreme Court
Confirmation Notice
This is anautomated response forSupreme Court / Courtof Claims cases. The NYSCEF sitehas
received your electronicallyfileddocument(s) for:
LUIS ANGEL PACHECO - v.- F&Y DELI GROCERY CORP et al
27423/2017E
Assigned Judge: None Recorded
DOCuments Received On 08/10/2017 12:56 PM
Doc 0 Document Type Motion #
1 SUMMONS + COMPLAINT
Does not containan SSN or CPI as defined in 202.5(e)or 206.5(e)
Filing User
Name: JONATHAN SCOTT WACHLARZ
Phone #: (212) 962-1020 E-mail Address: Jwachlarz@msllegal.com
Fax #: Work Address: Financial Square at 32 Old Slip,8th
Floor
New York, NY 10005
E-mail Notifications
An e-mail notification
regarding this has
filing been sent tothe followingaddress(es) on
08/10/2017 12:56 PM:
WACHLARZ, JONATHAN SCOTT - Jwachlarz@msllegal.com
NOTE: Ifsubmitting a working copy of thisfilingto the court, you must include
as a notification page firmly affixed theretoa copy of this Confirmation Notice.
Hon. Luis M. Diaz, Bronx County Clerk
Phone: 718-590-8122 (fax) Website: http://www.bronxcountyclerkinfo.com/law
NYSCEF Resource Center - EFile@nycourts.gov
Phone: (646) 386-3033 Fax: (212) 401-9146 Website: www.nycourts.gov/efile
Page I of I
Preview
FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018 FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018 INDEX NO. 27423/2017E FILED : BRONX COUNTY CLERK 08 /10 /2017 12 : 56 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/10/2017 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF BRONX Date Purchased: ..-------------.... ....-...__.--...__.---.x LUIS ANGEL SUMMONS PACHECO, Plaintiffs designate Bronx Plaintiff, County as the place of trial. -against- The basis of venue is: Bronx County F&Y DEL1 GROCERY CORP., and 1990 ELLIS AVENUE CORP., Plaintiffsreside at: 2039 Ellis Avenue, Apt#1 Defendants, Bronx, NY 10462 _.-------..--.-------_._____..,._._.._.....X County of Bronx To the above named Defendants: You are hereby summoned toanswer thecomplaint inthis action, and to servea copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice ofappearance on the plaintiffs attorneys within twenty days after the service of thissummons, exclusiveofthe day of service, where service ismade by delivery upon you personally within the state,or,within30 days after completion of service where service is made in any other manner. In case of your failure to relief' appear or answer, judgment will be taken against you by default for the reliefdemanded in the complaint. Dated: New York, New York August 9, 2017 . —,~)' ---'.(.'----',.7 ,. ATHAN S WACHLARZ, ESQ. LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC Attorneys for Plainn(f LUIS ANGEL PACHECO Financial Square at 32 Old - 8th FL Slip New York, New York 10005 (212) 962-1020 Our File No. 26218 1 of 13 FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018 INDEX NO. 27423/2017E FILED : BRONX COUNTY CLERK 08 /10 /2017 12 : 56 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/10/2017 TO: F & Y DELI GROCERY CORP, 1213Pugsley Avenue Bronx, NY 10472 1990 ELLIS AVENUE CORP, 209 Beach 9th Street Far Rockaway, NY 11691 AVENUL' 1990 ELLIS AVENUE CORP. 4"' 204 West 4 Street New York, NY 10024 2 of 13 FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018 INDEX NO. 27423/2017E FILED : BRONX COUNTY CLERK 08 /10 /2017 12 : 56 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/10/2017 I" SUPREME COURT OF THE STATE OF NEW YORK 01" COUNTY OF BRONX Index No.: --------------------------------------X Date Purchased: LUIS ANGEL PACHECO, VERIFIED COMPLAINT Plaintiff, -against- AVENUL' F&Y DELI OROCERY CORP., and 1990 ELLIS AVENUE CORP., Defendants, -----------------------------------X Plaintiffs, by his attorneys LAW O FFICES OF MICHAEL S. LAMONSOFF, PLLC, of the Defendants, respectfully allege, upon information and belief, as follows: IRS'I' AS AND FOR A FIRST CA USE OF ACTION AGAINST THE DEFENDANT F&Y DELI GROCERY CORP. 1. Th.at at alltimes herein mentioned, Plaintiff LUIS ANGEL PACHECO was, and still is,a resident of the County of Bronx, State of New York. 2. That thisaction falls within one or more of the exemptions setforth inCPLR § 1602. 3. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERY CORP., was and still isa domestic corporation duly organized and existing under and by virtue of thelaws of the State of New York. 4. That at alltimes herein mentioned, the Defendant F4 V DELI GROCERY CORP., was and stillisa domestic limited liabilitycorporation duly authori7-ed to do business in theStateof New York. 3 3 of 13 FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018 INDEX NO. 27423/2017E |FILED : BRONX COUNTY CLERK 08 /10 /2017 12 : 56 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/10/2017 5. That at alltimes herein mentioned, the Defendant F & Y DEL1 GROCERY CORP., was and stillis a partnership organized and existing corporation duly authorized to dobusiness in the State of New York. I<" 6. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERY CORP., was and stillis a foreign corporation duly authorized to do business in the State of New York. 7. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERY CORP., was and stillisa foreign limited liabilitycorporation duly authorized to do business in theState of New York. I<' 8. That at all times hereinafter mentioned F & Y DELI GROCERY CORP., maintained a principle place of business at 1213 Pugsley Avenue, Bronx, NY 10472, in theCounty of Bronx, State of New York. 9. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERY CORP., operated the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, inthe County of Bronx, State of New York. 10. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERY CORP., owned the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, inthe County of Bronx, State of New York. ]1. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERYCORP,, managed the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, inthe County of Bronx, State of New York. 4 of 13 FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018 INDEX NO. 27423/2017E {FILED : BRONX COUNTY CLERK 08 /10 /2017 12 : 56 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/10/2017 12. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERY CORP., maintained the aforesaid premises knownas 1213 Pugsley Avenue, Bronx, NY 10472, in the County of Bronx, State of New York. 13. That at alltimes herein mentioned, the Defendant F & Y DEL1 GROCERY CORP., controlled the aforesaid premises known as 1213 Pugsley Avenue, Bronx,NY 10472, in the County of Bronx, State of New York. 14. That at alltimes herein mentioned, the Defendant F & Y DEL1GROCERY CORP,, performed repairs the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472,in the ol' County of Bronx, State of New York. . I5. That at alltimes herein mentioned, the Defendant F 4 Y DELI GROCERY CORP., of' was managing agent and or property manager of the premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the County of Bronx, State of New York, I<' 1 6. That at alltimes herein mentioned, the Defendant F & Y DELI GROCERY CORP., was the lessor of the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, inthe County of.Bronx, State of New York. 17. That at alltimes herein mentioned, the DefendantF 4 Y DELI GROCERY CORP., was the lessee of the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, inthe County of Bronx, State of New York. 18. That atall times herein mentioned, the Defendant F & Y DELI GROCERY CORP., conducted business at the premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the County of Bronx, State of New York. 5 5 of 13 FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018 INDEX NO. 27423/2017E FILED : BRONX COUNTY CLERK 08 /10 /2017 12 : 56 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/10/2017 I<" 19. That at alltimes herein mentioned, Defendant F 4 Y DELI GROCERY CORP,, was responsible for repairs to the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the County of Bronx, State of New York. 20. On April 24, 2017 PlaintiffLUIS ANGEL PACHECO was lawfully on the aforesaid premises. Plaintiff' 21. On April 24, 2017 Plaintiff LUIS ANGEL PACHECO was caused toslip and fall while lawfully present upon the premises located at 1213 Pugsley Avenue and sustain serious and permanent injuries. 22. That Defendant F & Y DELI GROCERY CORP., had a dutytomaintain and keep in good repair the business atthe premise known as)2I3 Pugsley Avenue, Bronx, NY 10472, inthe County of Bronx, State of New York. 23. The above mentioned occurrence, and the result thereof, were caused by the negligence and or statutory violation of the Defendant and/or said Defendant's servants, agents, employees and/or licensees in theownership, operation, management, maintenance and control ofthe aforesaid premises. 24. That no negligence on the part ifthe Plaintiffcontributed to the occurrence alleged herein in lllal'lnel' manner any whatsoever. 25. That because of theabove statedpremises, PlaintiffLUIS ANGEL PACHECO, was caused to sustain serious injuries and to have suffered, pain, shock, mental anguish; that these injuries and theireffects will be permanent; and as a resultof said injuries Plaintiffhas been caused to incur, and willcontinue to incur, expenses formedical care and attention;and as a further result, 6 6 of 13 FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018 INDEX NO. 27423/2017E FILED : BRONX COUNTY CLERK 08 /10 /2017 12 : 56 PM| NYSCEF DOC. NO. 1 RECEIVED NYsCEF: 08/10/2017 Plaintiff and Plaintiff" was, will continue to be, rendered unable to perform Plaintiff's normal activitiesand duties and has sustained a resultant loss therefrom. 26. That as a result of the foregoing, Plaintiff was damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION AG AINST THE DEFENDANT 1990 ELLIS AVENUE CORP. 27. That at all times herein mentioned, Plaintiff LUIS ANGEL PACHECO repeats, reiterates and realleges each and every allegation contained in the first action herein as though set forth at length herein. 28. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP., was and stillisa domestic corporation duty organized and existing under and by virtueofthe laws of the State of New York. 29. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP., was and stillisa domestic limited liabilitycorporation duly authorized to do business inthe State of New York. 30. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP., was and stillisa partnership organized and existing corporation duly authorized to do business in the State of New York. 31. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP., was and stillis a foreign corporation duly authorized to do business in the State of New York. 7 7oE13 7 af 13 FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018 INDEX NO. 27423/2017E |FILED : BRONX COUNTY CLERK 08 /10 /2017 12 : 56 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/10/2017 32. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP., was and still is a foreign limited liabilitycorporation duly authorized to do business inthe State of New York. 33. That at alltimeshereinafter mentioned 1990 ELLIS AVENUE CORP,, maintained a principle place of business at 1213 Pugsley Avenue, Bronx, NY 10472, inthe County of Bronx, State of New York. 34. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP., operated the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the County of Bronx, State of New York. 35. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP., of' owned the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in theCounty of Bronx, State of New York. 36. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP., managed the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in theCounty of Bronx, State of New York. 37. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP., maintained the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the County of Bronx, State of New York. 38. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP., controlled the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in theCounty of Bronx, State of New York. iN 8 8 of 13 FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018 INDEX NO. 27423/2017E (FILED : BRONX COUNTY CLERK 08 /10 /2017 12 : 56 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/10/2017 39. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP., performed repairs the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the County of Bronx, State of New York. 40. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP., of' was managing agent and or property manager of the premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the County of Bronx, State of New York. 41. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP., was the lessor of the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the County of Bronx, State of New York. 42. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP., was the lessee of the aforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, inthe County of Bronx, State of New York. 43. That at alltimes herein mentioned, the Defendant 1990 ELLIS AVENUE CORP., conducted business at the premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the County of Bronx, State of New York. 44. That at alltimes herein mentioned, Defendant 1990 ELLIS AVENUE CORP., was responsible for repairs to theaforesaid premises known as 1213 Pugsley Avenue, Bronx, NY 10472, in the County of Bronx, State of New York. 45. On April 24, 2017 Plaintiff LUIS ANGEL PACHECO was lawfully on theaforesaid premises. 9 9 of 13 FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018 INDEX NO. 27423/2017E FILED : BRONX COUNTY CLERK 08 /10 / 2017 12 : 56 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/10/2017 46. On April 24, 2017 PlaintiffLUIS ANGEL PACHECO was caused and to slip fall present' while lawfully present upon the premises located at I213 Pugsley Avenue and sustain serious and permanent injuries. 47. That Defendant 1990 ELLIS AVENUE CORP., had a duty to maintain and keep in good repair the business at the premise known as1213 Pugsley Avenue, Bronx, NY 10472, in the County of Bronx, State of New York. 48. The above mentioned occurrence, and the result thereof, were caused by the negligence and or statutory violation of the Defendant and/or said Defendant's servants, agents, employees and/or licensees in theownership, operation, management, maintenance and control ofthe aforesaid premises. 49. That no negligence on the part ifthe Plaintiffcontributed to the occurrence alleged herein in any manner whatsoever. 50. That because of the above statedpremises, PlaintiffLUIS ANGEL PACHECO, was caused to sustain serious injuries and to have suffered, pain, shock, mental anguish; that these injuries and theireffects will be permanent; and as a resultof said injuries Plaintiffhas been caused to incur, and will continue to incur, expenses for medical care and attention;and as a furtherresult, Plaintiff was, and will continue to be, rendered unable to perform Plaintiff'snormal and activities duties and has sustained a resultant loss therefrom. 5 l. That as a result of the foregoing, Plaintiff was damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiffdemands judgment against the Defendants herein on allcauses of action, in a sum exceeding the jurisdictional limitsof alllower courts which would otherwise 10 10 of 13 FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018 INDEX NO. 27423/2017E {FILED : BRONX COUNTY CLERK 08 /10 / 2017 12 : 56 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/10/2017 have jurisdiction, together with the costs and disbursements of this action. Dated: New York, New York August 9, 2017 Yours, / .') (,:' -c~ JO - HAN S. WACHLARZ ESQ OI" L OFFICES OF M1CHAEL 8 AMONSOFF, PLLC Attorneys fbr Plaintiff LUIS ANGEL PACHECO Financial Square at 32 Old - 8th FL Slip New York, New York 10005 (212) 962-1020 Our FileNo. 26218 11 11 of 13 FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018 INDEX NO, 27423/2017E FILED : BRONX COUNTY CLERK 08/10/2017 12 : 56 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/10/2017 ATTORNEY'S VERIFICATION JONATHAN S. WACHLARZ, 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 at LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC, attorneys of record forPlaintiff, LUIS ANGEL PAC.HECO, in the action within. I have read the annexed BILL OF PARTICULARS and know the contents thereof, and the same are true tomy knowledge, except those matters therein which are stated to be alleged upon information and belief, and as tothose matters I believe them to be true, My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. This verification ismade by me because Plaintiffis not presently in the county wherein I maintain my offices. DATED: New York, New York August 9, 2017 g' r-..7 (, i,':: Jp$ÁTHAN S WACHLARZ (~' 12 12 of 13 FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018 INDEX NO. 27423/2017E {FILED: BRONX COUNTY CLERK 08/10/2017 12:56 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/10/2017 Index No. 01" SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX LUlS ANGEL PACHECO, Plaintiff, -against- "aga)nst F&Y DELI GROCERY CORP., and 1990 ELLlS AVENUE CORP., Defendants, ___....._...... .--,_ .___________..---. .. __... .. .... . SUMMONS AND VERIFIED COMPLAINT ..,,-.. ..--.,...,.... v; ..._____-.---..-..,,,.... ..--.-, LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC Attorneys for Plaintiff Financial Square at 32 Old Slip -8th FL New York, New York 10005 (212)962-1020 ~~dr4ltvvetve Pursuanito 22NYCRR 130-1.1, the undersigned, an attorneyadmitted to practicein the courtsof the State of New York, certifies upon information and beliefand're sonable inquiry,tilecontentionscontained in theannexed document that, are not frivolous. . -' cv. ., ) ..- 'v ~' t / ~-"'r'Q( WACHLARZ~SQ."' O .ATHAN S. WACHLARZASQ c''.. 13 of 13 FILED: BRONX COUNTY CLERK 01/16/2018 04:45 PM INDEX NO. 27423/2017E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/16/2018 - NYSCEF Bronx County Supreme Court Confirmation Notice This is anautomated response forSupreme Court / Courtof Claims cases. The NYSCEF sitehas received your electronicallyfileddocument(s) for: LUIS ANGEL PACHECO - v.- F&Y DELI GROCERY CORP et al 27423/2017E Assigned Judge: None Recorded DOCuments Received On 08/10/2017 12:56 PM Doc 0 Document Type Motion # 1 SUMMONS + COMPLAINT Does not containan SSN or CPI as defined in 202.5(e)or 206.5(e) Filing User Name: JONATHAN SCOTT WACHLARZ Phone #: (212) 962-1020 E-mail Address: Jwachlarz@msllegal.com Fax #: Work Address: Financial Square at 32 Old Slip,8th Floor New York, NY 10005 E-mail Notifications An e-mail notification regarding this has filing been sent tothe followingaddress(es) on 08/10/2017 12:56 PM: WACHLARZ, JONATHAN SCOTT - Jwachlarz@msllegal.com NOTE: Ifsubmitting a working copy of thisfilingto the court, you must include as a notification page firmly affixed theretoa copy of this Confirmation Notice. Hon. Luis M. Diaz, Bronx County Clerk Phone: 718-590-8122 (fax) Website: http://www.bronxcountyclerkinfo.com/law NYSCEF Resource Center - EFile@nycourts.gov Phone: (646) 386-3033 Fax: (212) 401-9146 Website: www.nycourts.gov/efile Page I of I