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NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/19/2020
Exhibit A
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File #: 31464
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK Date of Purchase:
COUNTY OF KINGS
======================== ===X SUMMONS
LUIS ALBERTO HERRERA, Plaintiff designates
Plaintiff(s), KINGS
County as the place of trial
-against- The basis of the venue is:
Situs ofOccurrence
THE CITY OF NEW YORK, BELMONT RE, LLC and
SUTTER AVENUE REALTY CO. LLC, COUNTY OF KINGS
Defendant(s).
===========================X
To the above named defendant(s):
YOU ARE HEREBY SUMMONED to answer the corsplaint in this action and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the Plaintiffs Attorneys within 20 days after the service of this summons
exclusive of the day of service (or within 30 days after the service is complete ifthis summons is
not personally delivered to you within the State of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded herein.
Dated: New York, New York
June 8, 2020
PETER MAY, ESQ.
SUB1N ASSOCIATES LLP
Attorneys for Plaintiff
Address and Telephone Number
-23"I
150 Broadway F1
New York, New York 10038
(212) 285-3800
FILE NO.: 31464
Defendants Address:
The City of New York
100 Church Street
New York, NY 10007
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Belmont Re, LLC
234 Belmont Ave.
Brooklyn, NY 11207
Sutter Avenue Realty Co. LLC
471 Sutter Avenue
Brooklyn, NY 11207
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FILE #: 31464
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------X
LUIS ALBERTO HERRERA, VERIFIED COMPLAINT
Plaintiff(s),
-against-
THE CITY OF NEW YORK, BELMONT RE, LLC and
SUTTER AVENUE REALTY CO. LLC,
Defendant(s).
----- ¬-----------------------------X
Plaintiff, LUIS ALBERTO HERRERA, by his attorneys, SUBIN ASSOCIATES LLP
as and for a cause of action alleges, upon information and belief, as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ACTION ON BEHALF OF LUIS ALBERTO HERRERA
1. That at all the times herein mentioned the defendant THE CITY OF NEW YORK,
"CITY,"
hereinafter referred to as was and stillis a ='micipal corporation, duly
organized and existing under and by virtue of the laws of the State of New York.
plaintiffs'
2. That notice of claim and notice of intention to sue and of the time when and the
place where the injuries alleged herein were incurred and sustained was duly filed by the
plaintiffs with the Corporation Counsel of the defendant CITY and with the Comptroller
of the defendant CITY within 90 days after the cause of action herein accrued.
3. That pursuant to noticegiven by the defendant CITY a hearing was held.
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4. That prior to the commacement of this action allof the requimments and conditions
precedent established in Section 394 (a)-1.0, Volume 2A, Chapter 16 of the
Administrative Code of the City of New York have been met or are not required.
5. That more than 30 days have elapsed since the demand for claim upon which thisaction
was formded was presented to the Comptroller of the defendant CITY for adjustment and
that he has neglected and refused to make adjustment or payment thereof for said period
of 30 days after such presentation, and that thisaction is commenced within one year
after the cause of action accrued.
6. That at allthe times herein motioned, and more particularly 8/6/2019, Belmont Avenue and Van
Sinderen Avenue, were and stillare public roadways in theBorough of Brooklyn, County of
Kings, City and StateofNew York which consisted of a oadway, curb, and sidewalks thereat.
7. That said sidewalks were public thoroughfares along and over which the public atlarge had a
rightto walk.
8. That at alltimes hereinafter mentioned, and upon information and belief, the
defendant CITY, was the owner of the aforementioned sidewalks.
9. That at allthe times herein mentioned, the defendant CITY, its
agents, servants and/or employees operated the aforementioñéd sidewalks.
10. That at allthe times herein mentioned, the defendant CITY, itsagents, servants and/or
employees maintained the aforementioned sidewalks.
11. That at allthe times herein =4ñed, the defendant CITY, itsagents, servants and/or employees
managed the aforementioned sidewalks.
12. That atall the times herein mentioned, the defcñdañt CITY, itsagents, servants and/or employees
controlled the aforementioned sidewalks.
13. That atall the times herein mentioned, itwas the duty of the defendant(s), itsagents, servants
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and/or employees to keep and maintain said sidewalks.
14. That on or about 8/6/2019, while plaintiffwas lawfully walking on the aforemcationed
sidewalks was precipitatedand caused to falland sustain mñ"ipic injuries by reason of the
segligence, carelessness and want of proper care of the defendant(s), itsagents, servants and/or
employees.
15. That the said ½*~* and injuries to the plaintiff
were caused through no faultof his
resulting
her own but were solelyand wholly caused by reason of the acgligcñcc of the defendants, their
agents, servants and/or employees in thatthe defendants suffered, caused and/or permitted and/or
allówed portions of said sidewalks, 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 mintened, and same was otherwise so
dangerous, hazardous, and/or unsuitable for use by persons lawfully upon the sidewalks
constituting a nuisance and a trap, and permitting same to be and remain in such a dangerous and
defective cenMen for a long period and/or unresenable period of time; in improperly causing,
suffering,pciraitting and/or allowing improper constmetion of said sidewalks and in failingto
properly menteniñg said sidewalks, in permitting and allowing defective repairs on said
sidewalks, in to apprise and/or warn the public and in particular the plaintiffof the
failing
aforementioned conditions; in failingto place signs, barricades, warñiñgs and/or other devices to
apprise persons of the dangcross, unsafe condition thereat; in generally =_ëntening said
sidewalks in such a dangerous defective and/or unsafe condition so as tocause the incidcñt
herein complëned of; increating and mai+ain g a menace, hazard, nuisance and trap thereat;in
failingto comply with the laws, statutes,ordinances and regulations made and provided therefor.
Plaintifffurther relies on the doctrine of Res Ipsa LGqditur.
16. That thisaction fallswithin one or more of the exceptions set forthin CPLR 1602.
17. Both actual and constructive notice are claimed. Actual notice in thatthe defr=3==t their
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.
agents, servants and/or employees had actual know1cdge and/or created the complained of
condition; constructive notice in thatthe conditica existed for a long and unreasonable period of
time.
"-'-'
18. That by reason of the foregoing, plaintiffwas caused to sustain serious, and permanent
injuries,has been and will be caused greatbodily injuriesand pain, shock, mental anguish; loss of
normal pursuits and pleasures of life;has been and is informed and verily believes maybe
permanently injured; has and willbe prevented from attending to usualduties;
has incurred and will incur great expense for medical care and attention; in allto plaintiffs
damage in an amount which exceeds the jurisdictionallimits of alllower courts which would
otherwise have jurisdiction and which warrants the jurisdictionof thisCourt,
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF PLAINTIFF LUIS ALBERTO HERRERA
AGAINST THE DEFENDANTS BELMONT RE, LLC,
and SUTTER AVENUE REALTY CO. LLC
19. Plaintiff repeats and realleges each and every allegation of the prec÷jing cause of action
as if fullyset forth herein at length.
20. That at allthe times herein mentioned, the defendant BELMONT RE LLC, was and still
is a corporation and or a limited liabilitycompany doing husiness in the State of New
York.
21. That at alltimes herein mentioned, the BELMONT RE LLC, was the owner of the
premises located at 222 Belmont Avenue, Brooklyn, New York 11207.
22. That at alltimes herein mentioned, the BELMONT RE LLC, was the owner of the
premises located at 333A Van Sinderen Avenue, Brooklyn, New York 11207.
23. That at allthe times herein mentioned, the defendant BELMONT RE LLC, itsagents, servants
and/or employees operated the aforeiüéñtióned premises and the abutting sidewalis.
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24. That atall the times herein mentioned, the defendant BELMONT RE LLC, itsagents, servants
and/or employees maintained the aforemen'iened premisca and the abutting sidewalks.
25. That atall the times herein the d±·a=a BELMONT RE its servants
mentioned, LLC, agents,
and/or employees managed the aforementioned premises and the abs"hg sidewalks.
26. That atall the times herein mentioned, the defendant BELMONT RE LLC, itsagents, servants
and/or employees controlled the afarcmetiened premiscs and the abutting sidewalks.
27. That at allthe times herein mentioned, the defendant SUTTER AVENUE REALTY CO.,
LLC, was and is
still a corporation and/or a limited liabilitycompany doing business in
the State of New York.
28. That at allthe times herein mentioned, the defendant SUTTER AVENUE REALTY CO.,
LLC, was the owner of the premises 16cated at 222 Behent Avenue, Brooklyn, New
York 11207.
29. That at allthe times herein metioned the defendant SUTTER AVENUE REALTY CO.,
LLC, was the owner of the premises located at 333A Van Sinderen Avenue, Brooklyn,
New York 11207.
30. That at allthe times herein mcaticued, the defendant SUTTER AVENUE REALTY CO.,
LLC, itsagents, servants and/or employees operated the afGremetioned premises and the
abutting sidewalks.
31. That atall the times herein mentioned, the defenda-t SUTTER AVENUE REALTY CO.,
LLC, itsagents, servants and/or employees mainteMed the aforementier--d premises and the
abutting sidewalks.
32. That atall the times herein mentiened, the defendant SUTTER AVENUE REALTY CO.,
LLC, itsagents, servants and/or employees managed the aforemen''ened premises and the
abutting sidewalks.
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33. That at allthe times herein mentioñêd, the defendant SUTTER AVENUE REALTY CO.,
LLC, itsagents, servants and/or employees controlled the aforcmcetiened premiscs and the
abutting sidewalks.
34. That at allthe times herein mentioned, itwas the duty of the defendant(s) their agents, servants
and/or employees to and ==4=+=4= said sidewalks in a reasonable of repair and good
keep state
and safe condiden, and not to suffer and permit said premises to become unsafe and dangerous to
pedestrians and/or customers.
35. That on or about 8/6/2019, while plaintiffwas lawfully walking on the aforementioned sidewalks,
plaintiffLUIS ALBERTO HERRERA was caused to falland sustain:nultiple injuriesby reason
of the negligence, carelessness and want of proper care of the def: ht(s),
36. That the said incident and rc:;ultinginjuries to theplaintiffwere caused through no faultof her
own but were solely and wholly by reason of the negligeñcc of the defcadants, theiragents,
servants and/or employees in thatthe defendants suffered, caused and/or permitted and/or
allowed portions of said sidewalks, to be, become and remain in a dangerous, defective,
hazardous, unsafe, broken, cracked, uneven, holey, chipped, depressed raised, m_9meeth, loose
cc ff: and was negligently and/or improperly maintained, and same was otherwise so
and/or n-na-hla for use persons upon the sidewalks
dangerous, hazardous, by lawfdlly
cc-±f:g a ñüisaacc 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,pcññittiñg and/or allowing improper construction of said sidewalks and infailingto
properly maf:±ning said sidewalks, in permitting and allowing defective repairs on said
sidewalks, in failingto apprise and/or wam the public and in particular the plaintiffof the
aforementioned conditions; in failingto place signs, barricades, wamiñgs and/or other devices to
apprise persons of the dangerous, unsafe condition thereat; in generally mai d:! g said
sidewalks in such a dangerous defective and/or unsafe condition so as tocause the iñcident
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herein complahed of; increating and makuEng a menace, hazard, nuisance and trap thereat; in
failingto cuniply with the laws, statutes,ordinances and regulationsmade and provided therefor.
Plaintifffurther relies on the doctrine of Res Ipsa Loquitur.
37. Both actual and cónstractive notice are claimed. Actual notice in thatthe defedants, their
agents, servants and/or employees had actual knowledge and/or created the complained of
cendities; coñstrdctive notice in thatthe condition existed for a long and unreasonable period of
time.
38. That by reason of the foregoing, plaintiffwas caused to sustain serious, harmful and permanent
injuries,has been and will be caused greatbodily injuriesand pain, shock, mental anguish; loss of
normal pursuits and pleasures of has
life; been and is informed and verily believes maybe
permanently injured; has and willbe prevented from attcading to usual duties;
has incurred and will incur great expense for medical care and attention; in allto plaintiffs
damage in an amount which exceeds the jürisdicticñallimits of alllower courts which would
otherwise have jurisdiction and which warrants the jurisdictionof thisCourt.
WHEREFORE, plaintiff demands judgment against the defendants in the FIRST cause
of action an amount which exceeds the jurisdictional limits of all lower courts and which
warrants the jurisdiction of this Court; plaintiff demands judgment against the defendants in the
SECOND cause of action an amount which exceeds the jurisdiedanal limits of all lower courts
and which warrants the jurisdiction of this Court, together with the costs and disbursements of
this action.
DATED: New York, New York
June 8, 2020
PETER MAY, ESQ.
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiffs
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150 Broadway
New York, New York 10038
(212) 285-3800
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STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
I,the undersigned, an attorney admitted to practice in the courts of New York State, state under
penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I have
read the foregoing SUMMONS AND COMPLAINT and know the centents thereof; the same is
true to my own knowledge, except as to the matters therein stated to be alleged on information
and belief, and as to those matters I believe to be true. The reason this verification is made by me
and not by my client(s),is that my client(s) are not presently in the County where I maintain my
offices. The grounds of my belief as to all roatters not stated upon my own knowledge are the
materials in my fileand the investigations conducted by my office.
Dated: New York, New York
June 8, 2020
PETER MAY, ESQ.
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Index No:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
=========================- -====
LUIS ALBERTO HERRERA,
Plaintiff(s),
-against-
THE CITY OF NEW YORK, BELMONT RE, LLC and
SUTTER AVENUE REALTY CO. LLC,
Defendant(s).
==================---====- - -==
SUMMONS AND VERIFIED COMPLAINT
===========================---==
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff
Office and Post Office Address, Telephone
-23d
150 Broadway F1
New York, New York 10038
(212) 285-3800
File No.: 31464
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------x
LUIS ALBERTO HERRERA
Plaintiff/Petitioner,
- against - Index No. 5121472 020
THE CITY OF NEW YORK, BELMONT RE, LLC, AND SUTTER AVENUE REALTY CO. LLC
Defendant/Respondent.
----------------------------------------------x
NOTICE OF ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above has been commenced as an
electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as
required by CPLR § 2111 and Uniform Rule § 202.5-bb (mandatory electronic filing).This notice
is being served as required by that rule.
NYSCEF is desigñêd for the electronic filingof documents with the County Clerk and the
court and for the electronic service of those documents, court documents, and court notices upon
counsel and unrepresented litigants who have consented to electronic filing.
Electronic filingoffers significant beñêfits for attorneys and litigants, permitting papers to be
filed with the County Clerk and the court and served on other parties simply, conveniently, and
quickly. NYSCEF case documents are filed with the County Clerk and the court by filingon the
NYSCEF Website, which can be done at any time of the day or night on any day of the week. The
documents are served automatically on allconsenting e-filers as soon as the document is uploaded
to the website, which sends out an immediate email notification of the filing.
The NYSCEF System charges no fees for filing,serving, or viewing the electronic case
recürd, nor does itcharge any fees to print any filed documents. Normal filing fees must be paid,
but this can be done on-line.
Parties represented by an attorney: An attorney representing a party who is served with
this notice must either: 1) immediately record his or her representatioñ within the e-filed matter on
the NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action
is pending. Exemptions from mandatory e-filing are limited toattorneys who certify in good faith that
they lack the computer hardware and/or scanner and/orinternet connection or that they lack (along
with all employees subject to their direction) the operational knowledge to comply with e-filing
requirements. [Section 202.5-bb(e)]
Page 1 of 2 EFM-1
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Parties not represented an attorney: Unrepresented litigants are exempt from e-
by
filing. They can serve and file documents in paper form and must be served with documents
in paper form. However, an unrepresented litigant participate in e-filing.
may
For information on how to participate in e-filing, unrepresented litigants should contact the
appropriate clerk in the court where the action was filed or visit www.nycourts.qov/efile-
unrepresented. Unrepresented litigants also are encouraged to visit www.nycourthelp.gov or
contact the Help Center in the court where the action was filed. An unrepresented litigant who
consents to e-filing may cease participation at time. However, the other parties continue
any may
to e-file their court documents in the case.
For additional information about electronic and to create a NYSCEF account, visit the
filing
NYSCEF website at www.nycourts.qov/efile or contact the NYSCEF Resource Center (phone: 646-
386-3033; e-mail: efile@nycourts.qov).
Dated: o7 /12/2020
150 BROADWAY
Name Address
NEW YORK
SUBIN ASSOCIATES, LLP
Firm Name
E-Mail Phone
To: SUTTER AVENUE REALTY CO. LLC
471 SUTTER AVENUE
BROOKLYN
_____.
12/14/17
Index # 51214 72020 Page 2 of 2 EFM-1
Preview
FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/19/2020 Exhibit A FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 NYSCEF INDEXNYSCEF: NO. 512147/2020 FILED:DOC. NO. KINGS20 COUNTY CLERK 07/12/2020 03: 42 PM| RECEIVED 11/19/2020 NY5CEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2020 File #: 31464 Index No.: SUPREME COURT OF THE STATE OF NEW YORK Date of Purchase: COUNTY OF KINGS ======================== ===X SUMMONS LUIS ALBERTO HERRERA, Plaintiff designates Plaintiff(s), KINGS County as the place of trial -against- The basis of the venue is: Situs ofOccurrence THE CITY OF NEW YORK, BELMONT RE, LLC and SUTTER AVENUE REALTY CO. LLC, COUNTY OF KINGS Defendant(s). ===========================X To the above named defendant(s): YOU ARE HEREBY SUMMONED to answer the corsplaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs Attorneys within 20 days after the service of this summons exclusive of the day of service (or within 30 days after the service is complete ifthis summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. Dated: New York, New York June 8, 2020 PETER MAY, ESQ. SUB1N ASSOCIATES LLP Attorneys for Plaintiff Address and Telephone Number -23"I 150 Broadway F1 New York, New York 10038 (212) 285-3800 FILE NO.: 31464 Defendants Address: The City of New York 100 Church Street New York, NY 10007 1 of 12 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 INDEXNYSCEF: NO. 512147/2020 FILED DOC. NYSCEF : KINGS20 NO. COUNTY CLERK 07/12/2020 03 : 42 PM1 RECEIVED 11/19/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2020 Belmont Re, LLC 234 Belmont Ave. Brooklyn, NY 11207 Sutter Avenue Realty Co. LLC 471 Sutter Avenue Brooklyn, NY 11207 2 of 12 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 KINGS20 COUNTY CLERK INDEX NO. 512 14 7 /202 0 [FILED DOC. NYSCEF : NO. 07 /12 /2020 03 : 42 P) RECEIVED NYSCEF: 11/19/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF : 07 /12 /2 02 0 FILE #: 31464 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------X LUIS ALBERTO HERRERA, VERIFIED COMPLAINT Plaintiff(s), -against- THE CITY OF NEW YORK, BELMONT RE, LLC and SUTTER AVENUE REALTY CO. LLC, Defendant(s). ----- ¬-----------------------------X Plaintiff, LUIS ALBERTO HERRERA, by his attorneys, SUBIN ASSOCIATES LLP as and for a cause of action alleges, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION ACTION ON BEHALF OF LUIS ALBERTO HERRERA 1. That at all the times herein mentioned the defendant THE CITY OF NEW YORK, "CITY," hereinafter referred to as was and stillis a ='micipal corporation, duly organized and existing under and by virtue of the laws of the State of New York. plaintiffs' 2. That notice of claim and notice of intention to sue and of the time when and the place where the injuries alleged herein were incurred and sustained was duly filed by the plaintiffs with the Corporation Counsel of the defendant CITY and with the Comptroller of the defendant CITY within 90 days after the cause of action herein accrued. 3. That pursuant to noticegiven by the defendant CITY a hearing was held. 3 of 12 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 FILEDDOC.: KINGS INDEX NO. 51214 7 / 2020 NYSCEF NO. 20 COUNTY CLERK 07/12 /2020 03 : 42 PM) RECEIVED NYSCEF: 11/19/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07 /12 / 202 0 4. That prior to the commacement of this action allof the requimments and conditions precedent established in Section 394 (a)-1.0, Volume 2A, Chapter 16 of the Administrative Code of the City of New York have been met or are not required. 5. That more than 30 days have elapsed since the demand for claim upon which thisaction was formded was presented to the Comptroller of the defendant CITY for adjustment and that he has neglected and refused to make adjustment or payment thereof for said period of 30 days after such presentation, and that thisaction is commenced within one year after the cause of action accrued. 6. That at allthe times herein motioned, and more particularly 8/6/2019, Belmont Avenue and Van Sinderen Avenue, were and stillare public roadways in theBorough of Brooklyn, County of Kings, City and StateofNew York which consisted of a oadway, curb, and sidewalks thereat. 7. That said sidewalks were public thoroughfares along and over which the public atlarge had a rightto walk. 8. That at alltimes hereinafter mentioned, and upon information and belief, the defendant CITY, was the owner of the aforementioned sidewalks. 9. That at allthe times herein mentioned, the defendant CITY, its agents, servants and/or employees operated the aforementioñéd sidewalks. 10. That at allthe times herein mentioned, the defendant CITY, itsagents, servants and/or employees maintained the aforementioned sidewalks. 11. That at allthe times herein =4ñed, the defendant CITY, itsagents, servants and/or employees managed the aforementioned sidewalks. 12. That atall the times herein mentioned, the defcñdañt CITY, itsagents, servants and/or employees controlled the aforementioned sidewalks. 13. That atall the times herein mentioned, itwas the duty of the defendant(s), itsagents, servants 4 of 12 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 FILEDDOC. KINGS20 COUNTY INDEXNYSCEF: NO. 512147/2020 NYSCEF : NO. CLERK 07/12 /2020 03 : 42 PM| RECEIVED 11/19/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2020 and/or employees to keep and maintain said sidewalks. 14. That on or about 8/6/2019, while plaintiffwas lawfully walking on the aforemcationed sidewalks was precipitatedand caused to falland sustain mñ"ipic injuries by reason of the segligence, carelessness and want of proper care of the defendant(s), itsagents, servants and/or employees. 15. That the said ½*~* and injuries to the plaintiff were caused through no faultof his resulting her own but were solelyand wholly caused by reason of the acgligcñcc of the defendants, their agents, servants and/or employees in thatthe defendants suffered, caused and/or permitted and/or allówed portions of said sidewalks, 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 mintened, and same was otherwise so dangerous, hazardous, and/or unsuitable for use by persons lawfully upon the sidewalks constituting a nuisance and a trap, and permitting same to be and remain in such a dangerous and defective cenMen for a long period and/or unresenable period of time; in improperly causing, suffering,pciraitting and/or allowing improper constmetion of said sidewalks and in failingto properly menteniñg said sidewalks, in permitting and allowing defective repairs on said sidewalks, in to apprise and/or warn the public and in particular the plaintiffof the failing aforementioned conditions; in failingto place signs, barricades, warñiñgs and/or other devices to apprise persons of the dangcross, unsafe condition thereat; in generally =_ëntening said sidewalks in such a dangerous defective and/or unsafe condition so as tocause the incidcñt herein complëned of; increating and mai+ain g a menace, hazard, nuisance and trap thereat;in failingto comply with the laws, statutes,ordinances and regulations made and provided therefor. Plaintifffurther relies on the doctrine of Res Ipsa LGqditur. 16. That thisaction fallswithin one or more of the exceptions set forthin CPLR 1602. 17. Both actual and constructive notice are claimed. Actual notice in thatthe defr=3==t their S of 12 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 INDEXNYSCEF: NO. 512147/2020 NYSCEF |FILED DOC.: KINGS20 NO. COUNTY CLERK 07 /12 /2020 03 i42 P1Wd RECEIVED 11/19/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2020 . agents, servants and/or employees had actual know1cdge and/or created the complained of condition; constructive notice in thatthe conditica existed for a long and unreasonable period of time. "-'-' 18. That by reason of the foregoing, plaintiffwas caused to sustain serious, and permanent injuries,has been and will be caused greatbodily injuriesand pain, shock, mental anguish; loss of normal pursuits and pleasures of life;has been and is informed and verily believes maybe permanently injured; has and willbe prevented from attending to usualduties; has incurred and will incur great expense for medical care and attention; in allto plaintiffs damage in an amount which exceeds the jurisdictionallimits of alllower courts which would otherwise have jurisdiction and which warrants the jurisdictionof thisCourt, AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF LUIS ALBERTO HERRERA AGAINST THE DEFENDANTS BELMONT RE, LLC, and SUTTER AVENUE REALTY CO. LLC 19. Plaintiff repeats and realleges each and every allegation of the prec÷jing cause of action as if fullyset forth herein at length. 20. That at allthe times herein mentioned, the defendant BELMONT RE LLC, was and still is a corporation and or a limited liabilitycompany doing husiness in the State of New York. 21. That at alltimes herein mentioned, the BELMONT RE LLC, was the owner of the premises located at 222 Belmont Avenue, Brooklyn, New York 11207. 22. That at alltimes herein mentioned, the BELMONT RE LLC, was the owner of the premises located at 333A Van Sinderen Avenue, Brooklyn, New York 11207. 23. That at allthe times herein mentioned, the defendant BELMONT RE LLC, itsagents, servants and/or employees operated the aforeiüéñtióned premises and the abutting sidewalis. 6 of 12 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 NYSCEF ILEDDOC. NO. KINGS20 COUNTY RECEIVEDINDEXNYSCEF: NO. 512147/2020 11/19/2020 |F : CLERK 07/12/2020 03 : 42 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2020 24. That atall the times herein mentioned, the defendant BELMONT RE LLC, itsagents, servants and/or employees maintained the aforemen'iened premisca and the abutting sidewalks. 25. That atall the times herein the d±·a=a BELMONT RE its servants mentioned, LLC, agents, and/or employees managed the aforementioned premises and the abs"hg sidewalks. 26. That atall the times herein mentioned, the defendant BELMONT RE LLC, itsagents, servants and/or employees controlled the afarcmetiened premiscs and the abutting sidewalks. 27. That at allthe times herein mentioned, the defendant SUTTER AVENUE REALTY CO., LLC, was and is still a corporation and/or a limited liabilitycompany doing business in the State of New York. 28. That at allthe times herein mentioned, the defendant SUTTER AVENUE REALTY CO., LLC, was the owner of the premises 16cated at 222 Behent Avenue, Brooklyn, New York 11207. 29. That at allthe times herein metioned the defendant SUTTER AVENUE REALTY CO., LLC, was the owner of the premises located at 333A Van Sinderen Avenue, Brooklyn, New York 11207. 30. That at allthe times herein mcaticued, the defendant SUTTER AVENUE REALTY CO., LLC, itsagents, servants and/or employees operated the afGremetioned premises and the abutting sidewalks. 31. That atall the times herein mentioned, the defenda-t SUTTER AVENUE REALTY CO., LLC, itsagents, servants and/or employees mainteMed the aforementier--d premises and the abutting sidewalks. 32. That atall the times herein mentiened, the defendant SUTTER AVENUE REALTY CO., LLC, itsagents, servants and/or employees managed the aforemen''ened premises and the abutting sidewalks. 7 of 12 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 NYSCEF IFILED DOC.: KINGS NO. 20 COUNTY RECEIVED INDEXNYSCEF: NO. 512147/2020 11/19/2020 CLERK 07 /12/2020 03:42 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12 / 2 02 0 33. That at allthe times herein mentioñêd, the defendant SUTTER AVENUE REALTY CO., LLC, itsagents, servants and/or employees controlled the aforcmcetiened premiscs and the abutting sidewalks. 34. That at allthe times herein mentioned, itwas the duty of the defendant(s) their agents, servants and/or employees to and ==4=+=4= said sidewalks in a reasonable of repair and good keep state and safe condiden, and not to suffer and permit said premises to become unsafe and dangerous to pedestrians and/or customers. 35. That on or about 8/6/2019, while plaintiffwas lawfully walking on the aforementioned sidewalks, plaintiffLUIS ALBERTO HERRERA was caused to falland sustain:nultiple injuriesby reason of the negligence, carelessness and want of proper care of the def: ht(s), 36. That the said incident and rc:;ultinginjuries to theplaintiffwere caused through no faultof her own but were solely and wholly by reason of the negligeñcc of the defcadants, theiragents, servants and/or employees in thatthe defendants suffered, caused and/or permitted and/or allowed portions of said sidewalks, to be, become and remain in a dangerous, defective, hazardous, unsafe, broken, cracked, uneven, holey, chipped, depressed raised, m_9meeth, loose cc ff: and was negligently and/or improperly maintained, and same was otherwise so and/or n-na-hla for use persons upon the sidewalks dangerous, hazardous, by lawfdlly cc-±f:g a ñüisaacc 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,pcññittiñg and/or allowing improper construction of said sidewalks and infailingto properly maf:±ning said sidewalks, in permitting and allowing defective repairs on said sidewalks, in failingto apprise and/or wam the public and in particular the plaintiffof the aforementioned conditions; in failingto place signs, barricades, wamiñgs and/or other devices to apprise persons of the dangerous, unsafe condition thereat; in generally mai d:! g said sidewalks in such a dangerous defective and/or unsafe condition so as tocause the iñcident 8 of 12 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 KINGS20 COUNTY CLERK 07 /2020 03 INDEXNYSCEF: NO. 512147 /2020 IFILED DOC. NYSCEF : NO. /12 : 42 PM| RECEIVED 11/19/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2020 herein complahed of; increating and makuEng a menace, hazard, nuisance and trap thereat; in failingto cuniply with the laws, statutes,ordinances and regulationsmade and provided therefor. Plaintifffurther relies on the doctrine of Res Ipsa Loquitur. 37. Both actual and cónstractive notice are claimed. Actual notice in thatthe defedants, their agents, servants and/or employees had actual knowledge and/or created the complained of cendities; coñstrdctive notice in thatthe condition existed for a long and unreasonable period of time. 38. That by reason of the foregoing, plaintiffwas caused to sustain serious, harmful and permanent injuries,has been and will be caused greatbodily injuriesand pain, shock, mental anguish; loss of normal pursuits and pleasures of has life; been and is informed and verily believes maybe permanently injured; has and willbe prevented from attcading to usual duties; has incurred and will incur great expense for medical care and attention; in allto plaintiffs damage in an amount which exceeds the jürisdicticñallimits of alllower courts which would otherwise have jurisdiction and which warrants the jurisdictionof thisCourt. WHEREFORE, plaintiff demands judgment against the defendants in the FIRST cause of action an amount which exceeds the jurisdictional limits of all lower courts and which warrants the jurisdiction of this Court; plaintiff demands judgment against the defendants in the SECOND cause of action an amount which exceeds the jurisdiedanal limits of all lower courts and which warrants the jurisdiction of this Court, together with the costs and disbursements of this action. DATED: New York, New York June 8, 2020 PETER MAY, ESQ. SUBIN ASSOCIATES, LLP Attorneys for Plaintiffs FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 INDEX NO. 512147/2020 FILED DOC. NYSCEF : KINGS20 NO. COUNTY CLERK 07/12/2020 03 : 42 P3 RECEIVED NYSCEF: 11/19/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2020 150 Broadway New York, New York 10038 (212) 285-3800 10 of 12 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 INDEX NO. 512147/2020 FILED DOC. NYSCEF : KINGS20 NO. COUNTY CLERK 07/12/2020 03: 42 PN| RECEIVED NYSCEF: 11/19/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2020 STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) I,the undersigned, an attorney admitted to practice in the courts of New York State, state under penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I have read the foregoing SUMMONS AND COMPLAINT and know the centents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe to be true. The reason this verification is made by me and not by my client(s),is that my client(s) are not presently in the County where I maintain my offices. The grounds of my belief as to all roatters not stated upon my own knowledge are the materials in my fileand the investigations conducted by my office. Dated: New York, New York June 8, 2020 PETER MAY, ESQ. 11 of 12 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 INDEX NO. 512147/2020 li'ILED: DOC. NYSCEF KINGS20 NO. COUNTY CLERK 07/12/2020 03: 42 PM RECEIVED NYSCEF: 11/19/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/12/2020 Index No: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS =========================- -==== LUIS ALBERTO HERRERA, Plaintiff(s), -against- THE CITY OF NEW YORK, BELMONT RE, LLC and SUTTER AVENUE REALTY CO. LLC, Defendant(s). ==================---====- - -== SUMMONS AND VERIFIED COMPLAINT ===========================---== SUBIN ASSOCIATES LLP Attorneys for Plaintiff Office and Post Office Address, Telephone -23d 150 Broadway F1 New York, New York 10038 (212) 285-3800 File No.: 31464 12 of 12 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/19/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------x LUIS ALBERTO HERRERA Plaintiff/Petitioner, - against - Index No. 5121472 020 THE CITY OF NEW YORK, BELMONT RE, LLC, AND SUTTER AVENUE REALTY CO. LLC Defendant/Respondent. ----------------------------------------------x NOTICE OF ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above has been commenced as an electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as required by CPLR § 2111 and Uniform Rule § 202.5-bb (mandatory electronic filing).This notice is being served as required by that rule. NYSCEF is desigñêd for the electronic filingof documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and unrepresented litigants who have consented to electronic filing. Electronic filingoffers significant beñêfits for attorneys and litigants, permitting papers to be filed with the County Clerk and the court and served on other parties simply, conveniently, and quickly. NYSCEF case documents are filed with the County Clerk and the court by filingon the NYSCEF Website, which can be done at any time of the day or night on any day of the week. The documents are served automatically on allconsenting e-filers as soon as the document is uploaded to the website, which sends out an immediate email notification of the filing. The NYSCEF System charges no fees for filing,serving, or viewing the electronic case recürd, nor does itcharge any fees to print any filed documents. Normal filing fees must be paid, but this can be done on-line. Parties represented by an attorney: An attorney representing a party who is served with this notice must either: 1) immediately record his or her representatioñ within the e-filed matter on the NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending. Exemptions from mandatory e-filing are limited toattorneys who certify in good faith that they lack the computer hardware and/or scanner and/orinternet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing requirements. [Section 202.5-bb(e)] Page 1 of 2 EFM-1 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/19/2020 Parties not represented an attorney: Unrepresented litigants are exempt from e- by filing. They can serve and file documents in paper form and must be served with documents in paper form. However, an unrepresented litigant participate in e-filing. may For information on how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the court where the action was filed or visit www.nycourts.qov/efile- unrepresented. Unrepresented litigants also are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the action was filed. An unrepresented litigant who consents to e-filing may cease participation at time. However, the other parties continue any may to e-file their court documents in the case. For additional information about electronic and to create a NYSCEF account, visit the filing NYSCEF website at www.nycourts.qov/efile or contact the NYSCEF Resource Center (phone: 646- 386-3033; e-mail: efile@nycourts.qov). Dated: o7 /12/2020 150 BROADWAY Name Address NEW YORK SUBIN ASSOCIATES, LLP Firm Name E-Mail Phone To: SUTTER AVENUE REALTY CO. LLC 471 SUTTER AVENUE BROOKLYN _____. 12/14/17 Index # 51214 72020 Page 2 of 2 EFM-1