Preview
FILED: NASSAU COUNTY CLERK 08/01/2022 02:23 PM INDEX NO. 601610/2015
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 08/01/2022
"D"
EXHIBIT
FILED: NASSAU COUNTY CLERK 08/01/2022 02:23 PM INDEX NO. 601610/2015
(FILED: NASSAU COUNTY CLERK INDEX NO. 601610/20) 5
NYSCEF DOC. NO. 43 03/12/2015 10:22 AM) RECEIVED NYSCEF: 08/01/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/20JS
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF NASSAU Date Purchased:
________________________________________________________Ç
MARIA DELGADO,
Plaintiff'
Plaintiff designates Nassau
County as the place of trial.
-against-
The basis of venue is:
Defendanes place of
NELSON ROJAS,
residence.
Defendant.
Defendant resides at:
________________________________________________________
Valley Stream, NY 11580
County of Nassau
To the above named Defendant:
You are hereby summoned to answer the complaint in thisaction, and to serve
a copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice
of appearance on the 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: West Hempstead, New York
March 11, 2015
LEVINE AND WISS, PLLC
By:
S t)TT L. WISS
Attorneys for Plaintiff
MARIA DELGADO
510 Hempstead Tumpike, Suite 206
West Hempstead, New York 11552
(516) 747-3222
File #: LAW 2335/JLL.lb
DEFENDANT'S ADDRESS:
NELSON ROJAS
136 Henry Street
LEVINE AND WISS, PLLC Stream, NY 11580
Valley
Attomeys at Law
510 HempsteadTpke
W Hempstead, NY 11552
(516) 747-3222
FILED: NASSAU COUNTY CLERK 08/01/2022 02:23 PM INDEX NO. 601610/2015
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 08/01/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_______________________ ______________________________.._____Ç
MARIA DELGADO, Index No.:
Plaintiff,
-against- COMPLAINT
NELSON ROJAS,
Defendant.
_______---..__________________________________....________Ç
Plaintiff,MARIA DELGADO, by her attorneys, LEVINE AND WISS, PLLC, complaining
of the defendants, respectfully alleges, upon information and belief, as follows:
AS AND FOR A FIRST CAUSE OF ACTION ON
BEHALF OF PLAINTIFF MARIA DELGADO
1. That at the time of the commencement of this action, plaintiffMARIA DELGADO
was and stillis a resident of the County of Nassau, State of New York.
2. That at alltimes hereinafter mentioned, defendant NELSON ROJAS was and
stillis a resident of the County of Nassau, State of New York.
3. That the cause of action alleged herein arose in the County of Nassau, State
of New York.
4. That this action falls within one or more of the exceptions set forth in CPLR
§1602.
5. That at alltimes hereinafter mentioned, defendant NELSON ROJAS owned the
premises located at 136 Henry Street, Valley Stream, County of Nassau, State of New York.
6. On or about February 2, 2015 and at alltimes hereinafter mentioned, defendant
NELSON ROJAS was the owner of the property located at 136 Henry Street, Valley Stream,
LEVINEAND WISS, PLLc
o y of Nassau aM mak M w Yok
Attorneysat Law
510 HempsteadTpke
W. Hempstead, NY 11552
(516) 747-3222
FILED: NASSAU COUNTY CLERK 08/01/2022 02:23 PM INDEX NO. 601610/2015
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 08/01/2022
7. That at alltimes hereinafter mentioned, defendant NELSON ROJAS operated
the aforesaid premises.
8. That at all times hereinafter mentioned, defendant NELSON ROJAS was
responsible for the maintenance of the aforesaid premises.
9. That at alltimes hereinafter mentioned, defendant NELSON ROJAS controlled
the aforesaid premises.
10. That at alltimes hereinafter mentioned, defendant NELSON ROJAS managed
the aforesaid premises.
11. That at alltimes hereinafter mentioned, defendant NELSON ROJAS inspected
the aforesaid premises.
12. That at all times hereinafter mentioned, defendant NELSON ROJAS was
responsible for the repair of the aforesaid premises.
13. That on February 2, 2015, plaintiff MARIA DELGADO was lawfully at the
aforesaid premises.
14. That on February 2, 2015, while plaintiff MARIA DELGADO was lawfully at the
aforesaid premises, she was caused to slip and fall and sustain severe and permanent
injuries.
15. That the defendants, their agents, servants and/or employees were negligent,
reckless and careless in the design, ownership, operation, maintenance, possession, control,
supervision, direction, creation, construction, demolition, repair and management of the
aforesaid staircase and premises.
16. That the aforesaid occurrence was caused wholly and solely by reason of the
negligence of the defendants, without any fault or negligence on the part of the plaintiff,
MARIA DELGADO, contributing thereto.
LEVINE AND WISS, PLLC
Attomeys at Law
810 HempsteadTpke
W. Hempstead, NY 11552
(516) 747-3222
2
FILED: NASSAU COUNTY CLERK 08/01/2022 02:23 PM INDEX NO. 601610/2015
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 08/01/2022
17. The above-mentioned occurrence, and the results thereof, were caused by the
negligence of the defendants and/or said defendant's agents, servants, employees,
contractors and/or licensees in the ownership, operation, management, maintenance and
control of the aforesaid staircase and premises.
18. That the defendants, their agents, servants, and/or employees were negligent
and careless; in causing and permitting said steps and premises to be and remain in a
dangerous, defective, unlit,hazardous, dark, unlevel and unsafe condition for an unreasonable
length of time, resulting in a hazard to the public and the plaintiff herein; in negligently and
carelessly permitting the use of said premises by itsinvitees and/or licensees to create such
a hazardous condition; in not having any handrail in place; and in unreasonably and improperly
not taking affirmative action to exercise a duty of care and remedy same by removing such
hazardous condition, thereby creating a danger to the plaintiff and others and in failing to warn
the plaintiff os the hazardous condition.
19. That by reason of the foregoing culpable conduct and the negligence of said
defendants, plaintiff MARIA DELGADO sustained serious, severe and permanent personal
injuries, stillsuffers and will continue to suffer, great physical and mental pain and serious
bodily injury, became, sick, sore, lame and disabled and so remained for a considerable length
of time; and plaintiff MARIA DELGADO was otherwise damaged,
20. That plaintiffwas caused to sustain and incur medical bills and out-of-pocket
expenses in a sum which exceeds the jurisdictional limitations of alllower courts which would
otherwise have jurisdiction over this action
21. That by reason of the foregoing, plaintiff MARIA DELGADO has been damaged
in an amount which exceeds the jurisdictional limitations of all lower courts which would
otherwise have jurisdiction over this action.
LEVINE AND WISS, PLLC
Attomeys at Law
510 HempsteadTpke
W. Hempstead, NY 11552
(518) 747-3222
3
FILED: NASSAU COUNTY CLERK 08/01/2022 02:23 PM INDEX NO. 601610/2015
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 08/01/2022
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF PLAINTIFF MARIA DELGADO
22. Plaintiff,repeats, reiterates and realleges each and every allegation contained
"1" "21"
in paragraphs of the complaint designated through with the same force and effect as
though the same were set forth at length herein.
23. That plaintiff, MARIA DELGADO, has sustained out of pocket expenses for
medical care, treatment, transportation and other expenses.
24. That defendant has failed to process and pay medical billsarising from this
incident.
25. That defendant has wrongfully failed to process and pay medical bills arising
from this incident.
26. That by reason of the foregoing, plaintiffMARIA DELGADO has been damaged
in a sum which exceeds the jurisdictional limitations of alllower courts which would otherwise
have jurisdiction over this action.
WHEREFORE, plaintiffdemands judgment against the defendants inthe above causes
of action in an amount which exceeds the jurisdictional limitations of alllower courts which
would otherwise have jurisdiction over this action, together with the interest, costs and
disbursements.
Dated: West Hempstead, New York
March 11, 2015 1
Yours, ,etc.,
LEVIN AED WI S, PLLC
By:
S OTT L. WISS
Attorneys for Plaintiff
MARIA DELGADO
510 Hempstead Turnpike, Suite 206
E NE AND W SS"d
west Hempstead, New York 11552
510 HempsteadTpke (516) 747-3222
W. Hempstead, NY 11552 File #: LAW 2335/JLL.Ib
(516) 747-3222
4
FILED: NASSAU COUNTY CLERK 08/01/2022 02:23 PM INDEX NO. 601610/2015
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 08/01/2022
Index No. Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
MARIA DELGADO,
Plaintiff
-against-
NELSON ROJAS,
Defendants.
SUMMONS AND COMPLAINT
LEVINE AND WISS, PLLC
Attorneys for Plaint ff
Office and Post Office Address, Telephone
510 HEMPSTEAD TURNPIKE, SUITE 206
WEST HEMPSTEAD, NEW YORK 11552
(516) 747-3222
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney adh itted to practice inthe Courts ofNew York
State, certifiesthat, upon information and beliefand reasona inquiry, the contentions contained on the
annexed document are not frivolous and thatwe are in compli see with t re reJaining sections thereof and
with Section 22 NYCRR 1200.41-a.
Dated: March 11, 2015 Signature
Print Signer's Na e . cottL. Wiss, Esq,
Service of a copy ofthe within is herebyadmitted.
Dated
Attorneys for ...............................................
S I R : - PLEASE TAKE NOTICE
that the within is a (certified)true copy of a
duly entered in the office of the clerk of the within named court on
NOTICE OF
ENTRY
that an Order of which the within is a truecopy will be presented for settlement to the
Hon. one ofthe judges of the within named court, at
NOTICE OF
SETTLEMENT on at AM.
Dated: Yours, etc.,
LEVINE AND WISS, PLLC
Attorneys for Plaintiff
Office and Post Office Address, Telephone
510 HEMPSTEAD TURNPIKE, SUITE 206
WEST HEMPSTEAD, NEW YORK 11552
(516) 747-3222
Preview
FILED: NASSAU COUNTY CLERK 08/01/2022 02:23 PM INDEX NO. 601610/2015 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 08/01/2022 "D" EXHIBIT FILED: NASSAU COUNTY CLERK 08/01/2022 02:23 PM INDEX NO. 601610/2015 (FILED: NASSAU COUNTY CLERK INDEX NO. 601610/20) 5 NYSCEF DOC. NO. 43 03/12/2015 10:22 AM) RECEIVED NYSCEF: 08/01/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/20JS SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NASSAU Date Purchased: ________________________________________________________Ç MARIA DELGADO, Plaintiff' Plaintiff designates Nassau County as the place of trial. -against- The basis of venue is: Defendanes place of NELSON ROJAS, residence. Defendant. Defendant resides at: ________________________________________________________ Valley Stream, NY 11580 County of Nassau To the above named Defendant: You are hereby summoned to answer the complaint in thisaction, and to serve a copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearance on the 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: West Hempstead, New York March 11, 2015 LEVINE AND WISS, PLLC By: S t)TT L. WISS Attorneys for Plaintiff MARIA DELGADO 510 Hempstead Tumpike, Suite 206 West Hempstead, New York 11552 (516) 747-3222 File #: LAW 2335/JLL.lb DEFENDANT'S ADDRESS: NELSON ROJAS 136 Henry Street LEVINE AND WISS, PLLC Stream, NY 11580 Valley Attomeys at Law 510 HempsteadTpke W Hempstead, NY 11552 (516) 747-3222 FILED: NASSAU COUNTY CLERK 08/01/2022 02:23 PM INDEX NO. 601610/2015 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 08/01/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _______________________ ______________________________.._____Ç MARIA DELGADO, Index No.: Plaintiff, -against- COMPLAINT NELSON ROJAS, Defendant. _______---..__________________________________....________Ç Plaintiff,MARIA DELGADO, by her attorneys, LEVINE AND WISS, PLLC, complaining of the defendants, respectfully alleges, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF MARIA DELGADO 1. That at the time of the commencement of this action, plaintiffMARIA DELGADO was and stillis a resident of the County of Nassau, State of New York. 2. That at alltimes hereinafter mentioned, defendant NELSON ROJAS was and stillis a resident of the County of Nassau, State of New York. 3. That the cause of action alleged herein arose in the County of Nassau, State of New York. 4. That this action falls within one or more of the exceptions set forth in CPLR §1602. 5. That at alltimes hereinafter mentioned, defendant NELSON ROJAS owned the premises located at 136 Henry Street, Valley Stream, County of Nassau, State of New York. 6. On or about February 2, 2015 and at alltimes hereinafter mentioned, defendant NELSON ROJAS was the owner of the property located at 136 Henry Street, Valley Stream, LEVINEAND WISS, PLLc o y of Nassau aM mak M w Yok Attorneysat Law 510 HempsteadTpke W. Hempstead, NY 11552 (516) 747-3222 FILED: NASSAU COUNTY CLERK 08/01/2022 02:23 PM INDEX NO. 601610/2015 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 08/01/2022 7. That at alltimes hereinafter mentioned, defendant NELSON ROJAS operated the aforesaid premises. 8. That at all times hereinafter mentioned, defendant NELSON ROJAS was responsible for the maintenance of the aforesaid premises. 9. That at alltimes hereinafter mentioned, defendant NELSON ROJAS controlled the aforesaid premises. 10. That at alltimes hereinafter mentioned, defendant NELSON ROJAS managed the aforesaid premises. 11. That at alltimes hereinafter mentioned, defendant NELSON ROJAS inspected the aforesaid premises. 12. That at all times hereinafter mentioned, defendant NELSON ROJAS was responsible for the repair of the aforesaid premises. 13. That on February 2, 2015, plaintiff MARIA DELGADO was lawfully at the aforesaid premises. 14. That on February 2, 2015, while plaintiff MARIA DELGADO was lawfully at the aforesaid premises, she was caused to slip and fall and sustain severe and permanent injuries. 15. That the defendants, their agents, servants and/or employees were negligent, reckless and careless in the design, ownership, operation, maintenance, possession, control, supervision, direction, creation, construction, demolition, repair and management of the aforesaid staircase and premises. 16. That the aforesaid occurrence was caused wholly and solely by reason of the negligence of the defendants, without any fault or negligence on the part of the plaintiff, MARIA DELGADO, contributing thereto. LEVINE AND WISS, PLLC Attomeys at Law 810 HempsteadTpke W. Hempstead, NY 11552 (516) 747-3222 2 FILED: NASSAU COUNTY CLERK 08/01/2022 02:23 PM INDEX NO. 601610/2015 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 08/01/2022 17. The above-mentioned occurrence, and the results thereof, were caused by the negligence of the defendants and/or said defendant's agents, servants, employees, contractors and/or licensees in the ownership, operation, management, maintenance and control of the aforesaid staircase and premises. 18. That the defendants, their agents, servants, and/or employees were negligent and careless; in causing and permitting said steps and premises to be and remain in a dangerous, defective, unlit,hazardous, dark, unlevel and unsafe condition for an unreasonable length of time, resulting in a hazard to the public and the plaintiff herein; in negligently and carelessly permitting the use of said premises by itsinvitees and/or licensees to create such a hazardous condition; in not having any handrail in place; and in unreasonably and improperly not taking affirmative action to exercise a duty of care and remedy same by removing such hazardous condition, thereby creating a danger to the plaintiff and others and in failing to warn the plaintiff os the hazardous condition. 19. That by reason of the foregoing culpable conduct and the negligence of said defendants, plaintiff MARIA DELGADO sustained serious, severe and permanent personal injuries, stillsuffers and will continue to suffer, great physical and mental pain and serious bodily injury, became, sick, sore, lame and disabled and so remained for a considerable length of time; and plaintiff MARIA DELGADO was otherwise damaged, 20. That plaintiffwas caused to sustain and incur medical bills and out-of-pocket expenses in a sum which exceeds the jurisdictional limitations of alllower courts which would otherwise have jurisdiction over this action 21. That by reason of the foregoing, plaintiff MARIA DELGADO has been damaged in an amount which exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction over this action. LEVINE AND WISS, PLLC Attomeys at Law 510 HempsteadTpke W. Hempstead, NY 11552 (518) 747-3222 3 FILED: NASSAU COUNTY CLERK 08/01/2022 02:23 PM INDEX NO. 601610/2015 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 08/01/2022 AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF MARIA DELGADO 22. Plaintiff,repeats, reiterates and realleges each and every allegation contained "1" "21" in paragraphs of the complaint designated through with the same force and effect as though the same were set forth at length herein. 23. That plaintiff, MARIA DELGADO, has sustained out of pocket expenses for medical care, treatment, transportation and other expenses. 24. That defendant has failed to process and pay medical billsarising from this incident. 25. That defendant has wrongfully failed to process and pay medical bills arising from this incident. 26. That by reason of the foregoing, plaintiffMARIA DELGADO has been damaged in a sum which exceeds the jurisdictional limitations of alllower courts which would otherwise have jurisdiction over this action. WHEREFORE, plaintiffdemands judgment against the defendants inthe above causes of action in an amount which exceeds the jurisdictional limitations of alllower courts which would otherwise have jurisdiction over this action, together with the interest, costs and disbursements. Dated: West Hempstead, New York March 11, 2015 1 Yours, ,etc., LEVIN AED WI S, PLLC By: S OTT L. WISS Attorneys for Plaintiff MARIA DELGADO 510 Hempstead Turnpike, Suite 206 E NE AND W SS"d west Hempstead, New York 11552 510 HempsteadTpke (516) 747-3222 W. Hempstead, NY 11552 File #: LAW 2335/JLL.Ib (516) 747-3222 4 FILED: NASSAU COUNTY CLERK 08/01/2022 02:23 PM INDEX NO. 601610/2015 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 08/01/2022 Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU MARIA DELGADO, Plaintiff -against- NELSON ROJAS, Defendants. SUMMONS AND COMPLAINT LEVINE AND WISS, PLLC Attorneys for Plaint ff Office and Post Office Address, Telephone 510 HEMPSTEAD TURNPIKE, SUITE 206 WEST HEMPSTEAD, NEW YORK 11552 (516) 747-3222 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney adh itted to practice inthe Courts ofNew York State, certifiesthat, upon information and beliefand reasona inquiry, the contentions contained on the annexed document are not frivolous and thatwe are in compli see with t re reJaining sections thereof and with Section 22 NYCRR 1200.41-a. Dated: March 11, 2015 Signature Print Signer's Na e . cottL. Wiss, Esq, Service of a copy ofthe within is herebyadmitted. Dated Attorneys for ............................................... S I R : - PLEASE TAKE NOTICE that the within is a (certified)true copy of a duly entered in the office of the clerk of the within named court on NOTICE OF ENTRY that an Order of which the within is a truecopy will be presented for settlement to the Hon. one ofthe judges of the within named court, at NOTICE OF SETTLEMENT on at AM. Dated: Yours, etc., LEVINE AND WISS, PLLC Attorneys for Plaintiff Office and Post Office Address, Telephone 510 HEMPSTEAD TURNPIKE, SUITE 206 WEST HEMPSTEAD, NEW YORK 11552 (516) 747-3222