Preview
FILED: KINGS COUNTY CLERK 10/20/2022 11:01 AM INDEX NO. 512147/2020
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 11/09/2022
LUIS ALBERTO HERRERA,
Plaintiff,
against,
THE CITY OF NEW YORK, BELMONT RE, LLC, SUTTER AVENUE
REALTY CO., LLC, and TRINCHESE IRON WORKS &
CONSTRUCTION INC.,
Defendant(s).
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SUTTER AVENUE REALTY CO., LLC
Third-Party Plaintiff,
against,
TRINCHESE IRON WORKS & CONSTRUCTION INC.,
Third-Party Defendant.
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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 all the times herein mentioned, and more particularly 8/6/2019, Belmont Avenue
and Van Sinderen Avenue, were and still are 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 all times 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 all the times herein mentioned, the defendant CITY, its agents, servants and/or
employees managed the aforementioned sidewalks.
12. That at all the times herein mentioned, the defendant CITY, its agents, servants and/or
employees controlled the aforementioned sidewalks.
13. That at all the times herein mentioned, it was the duty of the defendant(s), its agents,
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servants and/or employees to keep and maintain said sidewalks.
14. That on or about 8/6/2019, while plaintiff was lawfully walking on the aforementioned
sidewalks was precipitated and caused to fall and sustain multiple injuries by reason of
the negligence, carelessness and want of proper care of the defendant(s), its agents,
servants and/or employees.
15. That the said incident and resulting injuries to the plaintiff were caused through no fault
of 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 in particular 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
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regulations made and provided therefor. Plaintiff further relies on the doctrine of Res Ipsa
Loquitur.
16. That this action falls within one or more of the exceptions set forth in CPLR 1602.
17. Both actual and constructive notice are claimed. Actual notice in that the 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.
18. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and
permanent injuries, has been and will be caused great bodily injuries and 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 will be prevented from attending
to usual duties; has incurred and will incur great expense for medical care and attention;
in all to plaintiff's damage in an amount which exceeds the jurisdictional limits of all
lower courts which would otherwise have jurisdiction and which warrants the jurisdiction
of this Court.
19. Due to the abovesaid, plaintiff is entitled to damages in the sum which exceeds the sum
or value established by 28 USC §1332(a) exclusive of interest and costs.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF PLAINTIFF LUIS ALBERTO HERRERA
AGAINST THE DEFENDANTS BELMONT RE, LLC,
SUTTER AVENUE REALTY CO. LLC and TRINCHESE IRON
WORKS & CONSTRUCTION INC.
20. Plaintiff repeats and realleges each and every allegation of the preceding cause of action
as if fully set forth herein at length.
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21. 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.
22. 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.
23. 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.
24. That at all the times herein mentioned, the defendant BELMONT RE LLC, its agents,
servants and/or employees operated the aforementioned premises and the abutting
sidewalks.
25. That at all the times herein mentioned, the defendant BELMONT RE LLC, its agents,
servants and/or employees maintained the aforementioned premises and the abutting
sidewalks.
26. That at all the times herein mentioned, the defendant BELMONT RE LLC, its agents,
servants and/or employees managed the aforementioned premises and the abutting
sidewalks.
27. That at all the times herein mentioned, the defendant BELMONT RE LLC, its agents,
servants and/or employees controlled the aforementioned premises and the abutting
sidewalks.
28. That at all the times herein mentioned, the defendant SUTTER AVENUE REALTY CO.,
LLC, was and still is a corporation and/or a limited liability company doing business in
the State of New York.
29. That at all the times herein mentioned, the defendant SUTTER AVENUE REALTY CO.,
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LLC, was the owner of the premises located at 222 Belmont Avenue, Brooklyn, New
York 11207.
30. That at all the 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.
31. That at all the times herein mentioned, the defendant SUTTER AVENUE REALTY CO.,
LLC, its agents, servants and/or employees operated the aforementioned premises and the
abutting sidewalks.
32. That at all the times herein mentioned, the defendant SUTTER AVENUE REALTY CO.,
LLC, its agents, servants and/or employees maintained the aforementioned premises and
the abutting sidewalks.
33. That at all the times herein mentioned, the defendant SUTTER AVENUE REALTY CO.,
LLC, its agents, servants and/or employees managed the aforementioned premises and
the abutting sidewalks.
34. That at all the times herein mentioned, the defendant SUTTER AVENUE REALTY CO.,
LLC, its agents, servants and/or employees controlled the aforementioned premises and
the abutting sidewalks.
35. That at all the times herein mentioned, the defendant TRINCHESE IRON WORKS &
CONSTRUCTION INC., was and still is a corporation doing business in the State of
New York.
36. That at all times herein mentioned, the TRINCHESE IRON WORKS &
CONSTRUCTION INC., was the owner of the premises located at 222 Belmont Avenue,
Brooklyn, New York 11207.
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37. That at all times herein mentioned, the TRINCHESE IRON WORKS &
CONSTRUCTION INC., was the owner of the premises located at 333A Van Sinderen
Avenue, Brooklyn, New York 11207.
38. That at all times herein mentioned, the TRINCHESE IRON WORKS &
CONSTRUCTION INC., was a tenant at the premises located at 218-240 Belmont
Avenue, Brooklyn, New York 11207.
39. That at all the times herein mentioned, the defendant TRINCHESE IRON WORKS &
CONSTRUCTION INC., its agents, servants and/or employees operated the
aforementioned premises and the abutting sidewalks.
40. That at all the times herein mentioned, the defendant TRINCHESE IRON WORKS &
CONSTRUCTION INC., its agents, servants and/or employees maintained the
aforementioned premises and the abutting sidewalks.
41. That at all the times herein mentioned, the defendant TRINCHESE IRON WORKS &
CONSTRUCTION INC., its agents, servants and/or employees managed the
aforementioned premises and the abutting sidewalks.
42. That at all the times herein mentioned, the defendant TRINCHESE IRON WORKS &
CONSTRUCTION INC., its agents, servants and/or employees controlled the
aforementioned premises and the abutting sidewalks.
43. That for a period of time prior to 8/6/2019, the defendant, TRINCHESE IRON WORKS
& CONSTRUCTION INC., its agents, servants and/or employees used the sidewalks on
Belmont Avenue for a special use at both 222 Belmont Avenue as well as the Belmont
Avenue side of 333AVan Sinderen Avenue.
44. That at all the times herein mentioned, it was the duty of the defendants, their agents,
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servants and/or employees to keep and maintain said sidewalks in a reasonable state of
repair and good and safe condition, and not to suffer and permit said premises to become
unsafe and dangerous to pedestrians and/or customers.
45. That on or about 8/6/2019, while plaintiff was 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),
46. That the said incident and resulting injuries to the plaintiff were caused through no fault
of 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 in particular 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 causing defects upon the sidewalks;
in generally maintaining said sidewalks in such a dangerous defective and/or unsafe
8 of 12
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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.
47. Both actual and constructive notice are claimed. Actual notice in that the 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.
48. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and
permanent injuries, has been and will be caused great bodily injuries and 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 will be prevented from attending
to usual duties;
has incurred and will incur great expense for medical care and attention; in all to
plaintiff's damage in an amount which exceeds the jurisdictional limits of all lower courts
which would otherwise have jurisdiction, and which warrants the jurisdiction of this
Court.
49. Due to the abovesaid, plaintiff is entitled to damages in the sum which exceeds the sum
or value established by 28 USC §1332(a) exclusive of interest and costs.
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,
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and which warrants the jurisdiction of this Court, together with the costs and disbursements of
this action.
DATED: New York, New York
April 12, 2022
Yours, etc.
Lee M. Huttner
_____________________________
LEE M. HUTTNER, ESQ.
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiffs
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 SUPPLEMENTAL SUMMONS AND AMENDED 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
April 7, 2022
Lee M. Huttner
__________________________
LEE M. HUTTNER, ESQ.
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Index No.: 512147/2020
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,
SUTTER AVENUE REALTY CO. LLC, and TRINCHESE
IRON WORKS & CONSTRUCTION INC.,
Defendant(s).
= = = = = = = = = = = = = = = = = = = = = = = = = = = == = =
SUPPLEMENTAL SUMMONS AND
VERIFIED AMENDED COMPLAINT
= = = = = = = = = = = = = = = = = = = = = = = = = = = == = =
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff
Office and Post Office Address, Telephone
150 Broadway – 23rd Fl
New York, New York 10038
(212) 285-3800
File No.: 31464
12 of 12
Preview
FILED: KINGS COUNTY CLERK 10/20/2022 11:01 AM INDEX NO. 512147/2020 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 11/09/2022 LUIS ALBERTO HERRERA, Plaintiff, against, THE CITY OF NEW YORK, BELMONT RE, LLC, SUTTER AVENUE REALTY CO., LLC, and TRINCHESE IRON WORKS & CONSTRUCTION INC., Defendant(s). ------------------------------------------------------------------------------------X ------------------------------------------------------------------------------------X SUTTER AVENUE REALTY CO., LLC Third-Party Plaintiff, against, TRINCHESE IRON WORKS & CONSTRUCTION INC., Third-Party Defendant. 1 of 12 FILED: KINGS COUNTY CLERK 10/20/2022 11:01 AM INDEX NO. 512147/2020 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 11/09/2022 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 all the times herein mentioned, and more particularly 8/6/2019, Belmont Avenue and Van Sinderen Avenue, were and still are 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 all times 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 all the times herein mentioned, the defendant CITY, its agents, servants and/or employees managed the aforementioned sidewalks. 12. That at all the times herein mentioned, the defendant CITY, its agents, servants and/or employees controlled the aforementioned sidewalks. 13. That at all the times herein mentioned, it was the duty of the defendant(s), its agents, 2 of 12 FILED: KINGS COUNTY CLERK 10/20/2022 11:01 AM INDEX NO. 512147/2020 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 11/09/2022 servants and/or employees to keep and maintain said sidewalks. 14. That on or about 8/6/2019, while plaintiff was lawfully walking on the aforementioned sidewalks was precipitated and caused to fall and sustain multiple injuries by reason of the negligence, carelessness and want of proper care of the defendant(s), its agents, servants and/or employees. 15. That the said incident and resulting injuries to the plaintiff were caused through no fault of 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 in particular 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 3 of 12 FILED: KINGS COUNTY CLERK 10/20/2022 11:01 AM INDEX NO. 512147/2020 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 11/09/2022 regulations made and provided therefor. Plaintiff further relies on the doctrine of Res Ipsa Loquitur. 16. That this action falls within one or more of the exceptions set forth in CPLR 1602. 17. Both actual and constructive notice are claimed. Actual notice in that the 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. 18. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and permanent injuries, has been and will be caused great bodily injuries and 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 will be prevented from attending to usual duties; has incurred and will incur great expense for medical care and attention; in all to plaintiff's damage in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction and which warrants the jurisdiction of this Court. 19. Due to the abovesaid, plaintiff is entitled to damages in the sum which exceeds the sum or value established by 28 USC §1332(a) exclusive of interest and costs. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF LUIS ALBERTO HERRERA AGAINST THE DEFENDANTS BELMONT RE, LLC, SUTTER AVENUE REALTY CO. LLC and TRINCHESE IRON WORKS & CONSTRUCTION INC. 20. Plaintiff repeats and realleges each and every allegation of the preceding cause of action as if fully set forth herein at length. 4 of 12 FILED: KINGS COUNTY CLERK 10/20/2022 11:01 AM INDEX NO. 512147/2020 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 11/09/2022 21. 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. 22. 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. 23. 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. 24. That at all the times herein mentioned, the defendant BELMONT RE LLC, its agents, servants and/or employees operated the aforementioned premises and the abutting sidewalks. 25. That at all the times herein mentioned, the defendant BELMONT RE LLC, its agents, servants and/or employees maintained the aforementioned premises and the abutting sidewalks. 26. That at all the times herein mentioned, the defendant BELMONT RE LLC, its agents, servants and/or employees managed the aforementioned premises and the abutting sidewalks. 27. That at all the times herein mentioned, the defendant BELMONT RE LLC, its agents, servants and/or employees controlled the aforementioned premises and the abutting sidewalks. 28. That at all the times herein mentioned, the defendant SUTTER AVENUE REALTY CO., LLC, was and still is a corporation and/or a limited liability company doing business in the State of New York. 29. That at all the times herein mentioned, the defendant SUTTER AVENUE REALTY CO., 5 of 12 FILED: KINGS COUNTY CLERK 10/20/2022 11:01 AM INDEX NO. 512147/2020 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 11/09/2022 LLC, was the owner of the premises located at 222 Belmont Avenue, Brooklyn, New York 11207. 30. That at all the 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. 31. That at all the times herein mentioned, the defendant SUTTER AVENUE REALTY CO., LLC, its agents, servants and/or employees operated the aforementioned premises and the abutting sidewalks. 32. That at all the times herein mentioned, the defendant SUTTER AVENUE REALTY CO., LLC, its agents, servants and/or employees maintained the aforementioned premises and the abutting sidewalks. 33. That at all the times herein mentioned, the defendant SUTTER AVENUE REALTY CO., LLC, its agents, servants and/or employees managed the aforementioned premises and the abutting sidewalks. 34. That at all the times herein mentioned, the defendant SUTTER AVENUE REALTY CO., LLC, its agents, servants and/or employees controlled the aforementioned premises and the abutting sidewalks. 35. That at all the times herein mentioned, the defendant TRINCHESE IRON WORKS & CONSTRUCTION INC., was and still is a corporation doing business in the State of New York. 36. That at all times herein mentioned, the TRINCHESE IRON WORKS & CONSTRUCTION INC., was the owner of the premises located at 222 Belmont Avenue, Brooklyn, New York 11207. 6 of 12 FILED: KINGS COUNTY CLERK 10/20/2022 11:01 AM INDEX NO. 512147/2020 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 11/09/2022 37. That at all times herein mentioned, the TRINCHESE IRON WORKS & CONSTRUCTION INC., was the owner of the premises located at 333A Van Sinderen Avenue, Brooklyn, New York 11207. 38. That at all times herein mentioned, the TRINCHESE IRON WORKS & CONSTRUCTION INC., was a tenant at the premises located at 218-240 Belmont Avenue, Brooklyn, New York 11207. 39. That at all the times herein mentioned, the defendant TRINCHESE IRON WORKS & CONSTRUCTION INC., its agents, servants and/or employees operated the aforementioned premises and the abutting sidewalks. 40. That at all the times herein mentioned, the defendant TRINCHESE IRON WORKS & CONSTRUCTION INC., its agents, servants and/or employees maintained the aforementioned premises and the abutting sidewalks. 41. That at all the times herein mentioned, the defendant TRINCHESE IRON WORKS & CONSTRUCTION INC., its agents, servants and/or employees managed the aforementioned premises and the abutting sidewalks. 42. That at all the times herein mentioned, the defendant TRINCHESE IRON WORKS & CONSTRUCTION INC., its agents, servants and/or employees controlled the aforementioned premises and the abutting sidewalks. 43. That for a period of time prior to 8/6/2019, the defendant, TRINCHESE IRON WORKS & CONSTRUCTION INC., its agents, servants and/or employees used the sidewalks on Belmont Avenue for a special use at both 222 Belmont Avenue as well as the Belmont Avenue side of 333AVan Sinderen Avenue. 44. That at all the times herein mentioned, it was the duty of the defendants, their agents, 7 of 12 FILED: KINGS COUNTY CLERK 10/20/2022 11:01 AM INDEX NO. 512147/2020 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 11/09/2022 servants and/or employees to keep and maintain said sidewalks in a reasonable state of repair and good and safe condition, and not to suffer and permit said premises to become unsafe and dangerous to pedestrians and/or customers. 45. That on or about 8/6/2019, while plaintiff was 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), 46. That the said incident and resulting injuries to the plaintiff were caused through no fault of 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 in particular 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 causing defects upon the sidewalks; in generally maintaining said sidewalks in such a dangerous defective and/or unsafe 8 of 12 FILED: KINGS COUNTY CLERK 10/20/2022 11:01 AM INDEX NO. 512147/2020 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 11/09/2022 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. 47. Both actual and constructive notice are claimed. Actual notice in that the 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. 48. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and permanent injuries, has been and will be caused great bodily injuries and 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 will be prevented from attending to usual duties; has incurred and will incur great expense for medical care and attention; in all to plaintiff's damage in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction, and which warrants the jurisdiction of this Court. 49. Due to the abovesaid, plaintiff is entitled to damages in the sum which exceeds the sum or value established by 28 USC §1332(a) exclusive of interest and costs. 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, 9 of 12 FILED: KINGS COUNTY CLERK 10/20/2022 11:01 AM INDEX NO. 512147/2020 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 11/09/2022 and which warrants the jurisdiction of this Court, together with the costs and disbursements of this action. DATED: New York, New York April 12, 2022 Yours, etc. Lee M. Huttner _____________________________ LEE M. HUTTNER, ESQ. SUBIN ASSOCIATES, LLP Attorneys for Plaintiffs 150 Broadway New York, New York 10038 (212) 285-3800 10 of 12 FILED: KINGS COUNTY CLERK 10/20/2022 11:01 AM INDEX NO. 512147/2020 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 11/09/2022 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 SUPPLEMENTAL SUMMONS AND AMENDED 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 April 7, 2022 Lee M. Huttner __________________________ LEE M. HUTTNER, ESQ. 11 of 12 FILED: KINGS COUNTY CLERK 10/20/2022 11:01 AM INDEX NO. 512147/2020 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 11/09/2022 Index No.: 512147/2020 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, SUTTER AVENUE REALTY CO. LLC, and TRINCHESE IRON WORKS & CONSTRUCTION INC., Defendant(s). = = = = = = = = = = = = = = = = = = = = = = = = = = = == = = SUPPLEMENTAL SUMMONS AND VERIFIED AMENDED COMPLAINT = = = = = = = = = = = = = = = = = = = = = = = = = = = == = = SUBIN ASSOCIATES LLP Attorneys for Plaintiff Office and Post Office Address, Telephone 150 Broadway – 23rd Fl New York, New York 10038 (212) 285-3800 File No.: 31464 12 of 12