Preview
FILED: KINGS COUNTY CLERK 04/12/2022 03:49 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 04/12/2022
Exhibit A
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NYSCEF DOC. NO. 1
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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 of Occurrence
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 complaint 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 if this 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.
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff
Address and Telephone Number
- 23rd
150 Broadway p
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 municipal 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 notice given by the defendant CITY a hearing was held.
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4. That prior to the commencement of this action allof the requirements 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 this action
was founded 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 this action is commenced within one year
after the cause of action accrued.
6. That at allthe times herein mentioned, and more particularly 8/6/2019, Belmont Avenue and Van
Sinderen Avenue, were and stillare public roadways in the Borough of Brooklyn, County of
Kings, City and State of New York which consisted of a roadway, curb, and sidewalks thereat.
7. That said sidewalks were public thoroughfares along and over which the public at large had a
right to 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 all the times herein mentioned, the defendant CITY, its
agents, servants and/or employees operated the aforementioned sidewalks.
10. That at all the times herein mentioned, the defendant CITY, its agents, servants and/or
employees maintained the aforementioned sidewalks.
11. That at allthe times herein mentioned, the defendant CITY, itsagents, servants and/or employees
managed the aforementioned sidewalks.
12. That at allthe times herein mentioned, the defendant CITY, itsagents, servants and/or employees
controlled the aforementioned sidewalks.
13. That at allthe 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 aforementioned
sidewalks was precipitated and caused to falland sustain multiple injuries by reason of the
negligence, carelessness and want of proper care of the defendant(s), itsagents, servants and/or
employees.
15. That the said incident and resultinginjuries to the plaintiff were caused through no faultof his
her own but were solely and wholly caused by reason of the negligence of the defendants, their
agents, servants and/or employees in that the defendants suffered, caused and/or permitted and/or
allowed portions of said 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 maintained, 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 condition for a long period and/or unreasonable period of time; in improperly causing,
suffering, permitting and/or allowing improper construction of said sidewalks and in failing to
properly maintaining said sidewalks, in permitting and allowing defective repairs on said
sidewalks, in failing to apprise and/or warn the public and inparticular the plaintiff of the
aforementioned conditions; in failing to place signs, barricades, warnings and/or other devices to
apprise persons of the dangerous, unsafe condition thereat; in generally maintaining said
sidewalks in such a dangerous defective and/or unsafe condition so as to cause the incident
herein complained of; in creating and maintaining a menace, hazard, nuisance and trap thereat; in
failing to comply with the laws, statutes,ordinances and regulations made and provided therefor.
Plaintiff further relies on the doctrine of Res Ipsa Loquitur.
16. That this action fallswithin one or more of the exceptions set forthin CPLR 1602.
17. Both actual and constructive notice are claimed. Actual notice in thatthe defendants, their
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agents, servants and/or employees had actual knowledge and/or created the complained of
condition; constructive notice in that the condition existed for a long and unreasonable period of
time.
18. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and permanent
injuries, has been and willbe caused great bodily injuries and pain, shock, mental anguish; loss of
normal pursuits and pleasures of life;has been and isinformed and verily believes maybe
permanently injured; has and will be prevented from attending 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 jurisdictional limits of alllower courts which would
otherwise have jurisdiction and which warrants the jurisdiction of this Court.
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 preceding cause of action
as if fully set forth herein at length.
20. That at all the times herein mentioned, the defendant BELMONT RE LLC, was and still
is a corporation and or a limited liability company doing business in the State of New
York.
21. That at all times herein mentioned, the BELMONT RE LLC, was the owner of the
premises located at 222 Belmont Avenue, Brooklyn, New York 11207.
22. That at all times 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 aforementioned premises and the abutting sidewalks.
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24. That at allthe times herein mentioned, the defendant BELMONT RE LLC, itsagents, servants
and/or employees maintained the aforementioned premises and the abutting sidewalks.
25. That at allthe times herein mentioned, the defendant BELMONT RE LLC, itsagents, servants
and/or employees managed the aforementioned premises and the abutting sidewalks.
26. That at allthe times herein mentioned, the defendant BELMONT RE LLC, itsagents, servants
and/or employees controlled the aforementioned premises and the abutting sidewalks.
27. That at allthe times herein mentioned, the defendant SUTTER AVENUE REALTY CO.,
LLC, was and stillis a corporation and/or a limited liability company 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 located at 222 Belmont Avenue, Brooklyn, New
York 11207.
29. That at allthe times herein mentioned, 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 mentioned, the defendant SUTTER AVENUE REALTY CO.,
LLC, itsagents, servants and/or employees operated the aforementioned premises and the
abutting sidewalks.
31. That at allthe times herein mentioned, the defendant SUTTER AVENUE REALTY CO.,
LLC, itsagents, servants and/or employees maintained the aforementioned premises and the
abutting sidewalks.
32. That at allthe times herein mentioned, the defendant SUTTER AVENUE REALTY CO.,
LLC, itsagents, servants and/or employees managed the aforementioned premises and the
abutting sidewalks.
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33. That at allthe times herein mentioned, the defendant SUTTER AVENUE REALTY CO.,
LLC, itsagents, servants and/or employees controlled the aforementioned premises 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 keep and maintain said sidewalks in a reasonable stateof repair and good
and safe condition, and not to sufferand 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,
plaintiff LUIS ALBERTO HERRERA was caused to fall and sustain multiple injuries by reason
of the negligence, carelessness and want of proper care of the defendant(s),
36. That the said incident and resultinginjuries to the plaintiff were caused through no faultof her
own but were solely and wholly by reason of the negligence of the defendants, their agents,
servants and/or employees in that the defendants suffered, caused and/or permitted and/or
allowed portions of said 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 maintained, 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 condition for a long period and/or unreasonable period of time; in improperly causing,
suffering, permitting and/or allowing improper construction of said sidewalks and in failing to
properly maintaining said sidewalks, in permitting and allowing defective repairs on said
sidewalks, in failing to apprise and/or warn the public and inparticular the plaintiff of the
aforementioned conditions; in failing to place signs, barricades, warnings and/or other devices to
apprise persons of the dangerous, unsafe condition thereat; in generally maintaining said
sidewalks in such a dangerous defective and/or unsafe condition so as to cause the incident
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herein complained of; in creating and maintaining a menace, hazard, nuisance and trap thereat; in
failing to comply with the laws, statutes,ordinances and regulations made and provided therefor.
Plaintiff further relies on the doctrine of Res Ipsa Loquitur.
37. Both actual and constructive notice are claimed. Actual notice in thatthe defendants, their
agents, servants and/or employees had actual knowledge and/or created the complained of
condition; constructive notice in that the condition existed for a long and unreasonable period of
time.
38. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and permanent
injuries, has been and willbe caused great bodily injuries and pain, shock, mental anguish; loss of
normal pursuits and pleasures of life;has been and isinformed and verily believes maybe
permanently injured; has and will be prevented from attending 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 jurisdictional limits of alllower courts which would
otherwise have jurisdiction and which warrants the jurisdiction of this Court.
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 jurisdictional 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
Yo . .
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 contents 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 matters not stated upon my own knowledge are the
materials in my file and 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
- 23rd
150 Broadway
New York, New York 10038
(212) 285-3800
File No.: 31464
12 of 12
Preview
FILED: KINGS COUNTY CLERK 04/12/2022 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 04/12/2022 Exhibit A FILED: KINGS COUNTY CLERK 07/12/2020 04/12/2022 03:42 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 1 57 RECEIVED NYSCEF: 07/12/2020 04/12/2022 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 of Occurrence 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 complaint 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 if this 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. SUBIN ASSOCIATES LLP Attorneys for Plaintiff Address and Telephone Number - 23rd 150 Broadway p 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 07/12/2020 04/12/2022 03:42 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 1 57 RECEIVED NYSCEF: 07/12/2020 04/12/2022 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 07/12/2020 04/12/2022 03:42 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 1 57 RECEIVED NYSCEF: 07/12/2020 04/12/2022 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 municipal 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 notice given by the defendant CITY a hearing was held. 3 of 12 FILED: KINGS COUNTY CLERK 07/12/2020 04/12/2022 03:42 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 1 57 RECEIVED NYSCEF: 07/12/2020 04/12/2022 4. That prior to the commencement of this action allof the requirements 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 this action was founded 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 this action is commenced within one year after the cause of action accrued. 6. That at allthe times herein mentioned, and more particularly 8/6/2019, Belmont Avenue and Van Sinderen Avenue, were and stillare public roadways in the Borough of Brooklyn, County of Kings, City and State of New York which consisted of a roadway, curb, and sidewalks thereat. 7. That said sidewalks were public thoroughfares along and over which the public at large had a right to 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 all the times herein mentioned, the defendant CITY, its agents, servants and/or employees operated the aforementioned sidewalks. 10. That at all the times herein mentioned, the defendant CITY, its agents, servants and/or employees maintained the aforementioned sidewalks. 11. That at allthe times herein mentioned, the defendant CITY, itsagents, servants and/or employees managed the aforementioned sidewalks. 12. That at allthe times herein mentioned, the defendant CITY, itsagents, servants and/or employees controlled the aforementioned sidewalks. 13. That at allthe times herein mentioned, itwas the duty of the defendant(s), itsagents, servants 4 of 12 FILED: KINGS COUNTY CLERK 07/12/2020 04/12/2022 03:42 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 1 57 RECEIVED NYSCEF: 07/12/2020 04/12/2022 and/or employees to keep and maintain said sidewalks. 14. That on or about 8/6/2019, while plaintiffwas lawfully walking on the aforementioned sidewalks was precipitated and caused to falland sustain multiple injuries by reason of the negligence, carelessness and want of proper care of the defendant(s), itsagents, servants and/or employees. 15. That the said incident and resultinginjuries to the plaintiff were caused through no faultof his her own but were solely and wholly caused by reason of the negligence of the defendants, their agents, servants and/or employees in that the defendants suffered, caused and/or permitted and/or allowed portions of said 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 maintained, 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 condition for a long period and/or unreasonable period of time; in improperly causing, suffering, permitting and/or allowing improper construction of said sidewalks and in failing to properly maintaining said sidewalks, in permitting and allowing defective repairs on said sidewalks, in failing to apprise and/or warn the public and inparticular the plaintiff of the aforementioned conditions; in failing to place signs, barricades, warnings and/or other devices to apprise persons of the dangerous, unsafe condition thereat; in generally maintaining said sidewalks in such a dangerous defective and/or unsafe condition so as to cause the incident herein complained of; in creating and maintaining a menace, hazard, nuisance and trap thereat; in failing to comply with the laws, statutes,ordinances and regulations made and provided therefor. Plaintiff further relies on the doctrine of Res Ipsa Loquitur. 16. That this action fallswithin one or more of the exceptions set forthin CPLR 1602. 17. Both actual and constructive notice are claimed. Actual notice in thatthe defendants, their 5 of 12 FILED: KINGS COUNTY CLERK 07/12/2020 04/12/2022 03:42 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 1 57 RECEIVED NYSCEF: 07/12/2020 04/12/2022 agents, servants and/or employees had actual knowledge and/or created the complained of condition; constructive notice in that the condition existed for a long and unreasonable period of time. 18. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and permanent injuries, has been and willbe caused great bodily injuries and pain, shock, mental anguish; loss of normal pursuits and pleasures of life;has been and isinformed and verily believes maybe permanently injured; has and will be prevented from attending 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 jurisdictional limits of alllower courts which would otherwise have jurisdiction and which warrants the jurisdiction of this Court. 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 preceding cause of action as if fully set forth herein at length. 20. That at all the times herein mentioned, the defendant BELMONT RE LLC, was and still is a corporation and or a limited liability company doing business in the State of New York. 21. That at all times herein mentioned, the BELMONT RE LLC, was the owner of the premises located at 222 Belmont Avenue, Brooklyn, New York 11207. 22. That at all times 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 aforementioned premises and the abutting sidewalks. 6 of 12 FILED: KINGS COUNTY CLERK 07/12/2020 04/12/2022 03:42 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 1 57 RECEIVED NYSCEF: 07/12/2020 04/12/2022 24. That at allthe times herein mentioned, the defendant BELMONT RE LLC, itsagents, servants and/or employees maintained the aforementioned premises and the abutting sidewalks. 25. That at allthe times herein mentioned, the defendant BELMONT RE LLC, itsagents, servants and/or employees managed the aforementioned premises and the abutting sidewalks. 26. That at allthe times herein mentioned, the defendant BELMONT RE LLC, itsagents, servants and/or employees controlled the aforementioned premises and the abutting sidewalks. 27. That at allthe times herein mentioned, the defendant SUTTER AVENUE REALTY CO., LLC, was and stillis a corporation and/or a limited liability company 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 located at 222 Belmont Avenue, Brooklyn, New York 11207. 29. That at allthe times herein mentioned, 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 mentioned, the defendant SUTTER AVENUE REALTY CO., LLC, itsagents, servants and/or employees operated the aforementioned premises and the abutting sidewalks. 31. That at allthe times herein mentioned, the defendant SUTTER AVENUE REALTY CO., LLC, itsagents, servants and/or employees maintained the aforementioned premises and the abutting sidewalks. 32. That at allthe times herein mentioned, the defendant SUTTER AVENUE REALTY CO., LLC, itsagents, servants and/or employees managed the aforementioned premises and the abutting sidewalks. 7 of 12 FILED: KINGS COUNTY CLERK 07/12/2020 04/12/2022 03:42 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 1 57 RECEIVED NYSCEF: 07/12/2020 04/12/2022 33. That at allthe times herein mentioned, the defendant SUTTER AVENUE REALTY CO., LLC, itsagents, servants and/or employees controlled the aforementioned premises 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 keep and maintain said sidewalks in a reasonable stateof repair and good and safe condition, and not to sufferand 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, plaintiff LUIS ALBERTO HERRERA was caused to fall and sustain multiple injuries by reason of the negligence, carelessness and want of proper care of the defendant(s), 36. That the said incident and resultinginjuries to the plaintiff were caused through no faultof her own but were solely and wholly by reason of the negligence of the defendants, their agents, servants and/or employees in that the defendants suffered, caused and/or permitted and/or allowed portions of said 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 maintained, 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 condition for a long period and/or unreasonable period of time; in improperly causing, suffering, permitting and/or allowing improper construction of said sidewalks and in failing to properly maintaining said sidewalks, in permitting and allowing defective repairs on said sidewalks, in failing to apprise and/or warn the public and inparticular the plaintiff of the aforementioned conditions; in failing to place signs, barricades, warnings and/or other devices to apprise persons of the dangerous, unsafe condition thereat; in generally maintaining said sidewalks in such a dangerous defective and/or unsafe condition so as to cause the incident 8 of 12 FILED: KINGS COUNTY CLERK 07/12/2020 04/12/2022 03:42 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 1 57 RECEIVED NYSCEF: 07/12/2020 04/12/2022 herein complained of; in creating and maintaining a menace, hazard, nuisance and trap thereat; in failing to comply with the laws, statutes,ordinances and regulations made and provided therefor. Plaintiff further relies on the doctrine of Res Ipsa Loquitur. 37. Both actual and constructive notice are claimed. Actual notice in thatthe defendants, their agents, servants and/or employees had actual knowledge and/or created the complained of condition; constructive notice in that the condition existed for a long and unreasonable period of time. 38. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and permanent injuries, has been and willbe caused great bodily injuries and pain, shock, mental anguish; loss of normal pursuits and pleasures of life;has been and isinformed and verily believes maybe permanently injured; has and will be prevented from attending 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 jurisdictional limits of alllower courts which would otherwise have jurisdiction and which warrants the jurisdiction of this Court. 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 jurisdictional 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 Yo . . PETER MAY, ESQ. SUBIN ASSOCIATES, LLP Attorneys for Plaintiffs 9 of 12 FILED: KINGS COUNTY CLERK 07/12/2020 04/12/2022 03:42 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 1 57 RECEIVED NYSCEF: 07/12/2020 04/12/2022 150 Broadway New York, New York 10038 (212) 285-3800 10 of 12 FILED: KINGS COUNTY CLERK 07/12/2020 04/12/2022 03:42 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 1 57 RECEIVED NYSCEF: 07/12/2020 04/12/2022 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 contents 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 matters not stated upon my own knowledge are the materials in my file and the investigations conducted by my office. Dated: New York, New York June 8, 2020 PETER MAY, ESQ. 11 of 12 FILED: KINGS COUNTY CLERK 07/12/2020 04/12/2022 03:42 03:49 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 1 57 RECEIVED NYSCEF: 07/12/2020 04/12/2022 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 - 23rd 150 Broadway New York, New York 10038 (212) 285-3800 File No.: 31464 12 of 12