Preview
FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF BRONX
-----------------------------------------------------------------------X SUMMONS
JAZMINE ASHLEY WHITEHURST,
Plaintiff designates BRONX
Plaintiff, County as the place of trial.
-against- The basis of venue is:
Defendant' s residence
860 RIVER LLC,
Defendant.
-----------------------------------------------------------------------X
To the above-named Defendant
You are hereby summoned to answer the complaint in this action, and to serve a copy of
your answer, if the complaint is not served with this summons, to serve a notice of appearance on the
Plaintiffs attorneys within twenty days after the services of this summons exclusive of the day of
service, where service is made by delivery upon you personally within the state, or within 30 days
after completion of service where service is made in any other manner. In case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: New York, New York
December 24, 2021
erlino, Esq.
ys for Plaintiff
INE ASHLEY WHITEHURST
Second Avenue, 10th Floor
ew York, New York 10017
(212) 683-3800
File No. : SRDS21-162
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FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021
TO :
860 RIVER LLC
c/o SoloffManagement Corp.
2562 Briggs A venue
Bronx, New York 10548
860 RIVER LLC
c/o Miklos A. Vasarhelyi
118 East 62 nd Street
New York, New York 10065
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FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
-----------------------------------------------------------------------X Index No. :
JAZMINE ASHLEY WHITEHURST,
Plaintiff, VERIFIED COMPLAINT
-against-
860 RIVER LLC,
Defendant.
-----------------------------------------------------------------------X
Plaintiff, JAZMINE ASHLEY WHITEHURST, by her attorneys, WILLIAM SCHWITZER
& ASSOCIATES , P.C. , as and for a cause of action alleges upon information and belief as follows:
1. At all the times herein mentioned, Plaintiff, JAZMINE ASHLEY WHITEHURST, was and
still is a resident of the County, City and State of New York.
2. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant,
860 RIVER LLC, owned the premises located at 860 Riverside Drive, County, City and State of
New York.
3. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant,
860 RIVER LLC, operated the premises located at 860 Riverside Drive, County, City and State of
New York.
4. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant,
860 RIVER LLC, maintained the premises located at 860 Riverside Drive, County, City and State
of New York.
5. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant,
860 RIVER LLC, managed the premises located at 860 Riverside Drive, County, City and State of
New York.
6. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant,
3 of 8
FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021
860 RIVER LLC, controlled the premises located at 860 Riverside Drive, County, City and State of
New York.
7. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant,
860 RIVER LLC, owned the staircase/stairwell in the interior of the premises located at 860
Riverside Drive, County, City and State of New York.
8. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant,
860 RIVER LLC, operated the staircase/stairwell in the interior of the premises located at 860
Riverside Drive, County, City and State of New York.
9. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant,
860 RIVER LLC, maintained the staircase/stairwell in the interior of the premises located at 860
Riverside Drive, County, City and State of New York.
10. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant,
860 RIVER LLC, managed the staircase/stairwell in the interior of the premises located at 860
Riverside Drive, County, City and State ofNew York.
11. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant,
860 RIVER LLC, controlled the staircase/stairwell in the interior of the premises located at 860
Riverside Drive, County, City and State ofNew York.
12. That on December 6, 2021 , the Plaintiff, JAZMINE ASHLEY WHITEHURST, was on the
aforementioned premises.
13. That on December 6, 2021 , the Plaintiff, JAZMINE ASHLEY WHITEHURST, was on the
aforementioned premises, and she was caused to fall due to a defective, broken, raised, cracked,
depressed, extended, obstructed, misaligned and/or uneven, step/stairwell at the aforementioned
premises.
4 of 8
FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021
14. The aforesaid accident and the injuries resulting therefrom were due to the careless,
reckless and negligent manner in which the Defendants owned, operated, managed, maintained,
controlled, performed, supervised and repaired the aforesaid premises and/or the staircase/stairwell
in the interior of the aforesaid premises, without the Plaintiff in any way contributing thereto.
15. The Defendants herein were careless, reckless and negligent in that they violated their
duties to persons lawfully on the aforesaid premises and to this Plaintiff in particular, in knowingly,
permitting, suffering and allowing the aforesaid premises to be, become and remain in a defective,
unsafe and dangerous condition; and were further negligent in failing to take suitable precautions
for the safety of persons lawfully on the aforesaid premises.
16. That by reason of the foregoing and the negligence of the Defendants, the Plaintiff,
JAZMINE ASHLEY WHITEHURST, was severely injured, bruised and wounded, suffered, still
suffers and will continue to suffer for some time physical pain and bodily injuries and became
sick, sore, lame and disabled and so remained for a considerable length of time.
17. That by reason of the foregoing, the Plaintiff, JAZMINE ASHLEY WHITEHURST, was
compelled to and did necessarily require medical aid and attention, and did necessarily pay and
become liable therefore for medicines and upon information and belief, the Plaintiff will
necessarily incur similar expenses.
18. That by reason of the foregoing, the Plaintiff, JAZMINE ASHLEY WHITEHURST, has
been unable to attend to her usual occupation in the manner required.
19. One or more of the exceptions of§ 1602 of the Civi l Practice Laws and Rules applies to the
within action.
20. That as a result of the foregoing, the Plaintiff, JAZMINE ASHLEY WHITEHURST, has
been damaged in a sum which exceeds the jurisdictional limits of all lower courts.
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FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021
WHEREFORE, Plaintiff, JAZMINE ASHLEY WHITEHURST, demands judgment
against the Defendants for the First Cause of Action in excess of the jurisdictional amounts of the
lower Courts, together with the costs and disbursements of this action.
Dated: New York, New York
December 24, 2021
Yours, etc.,
WILLIAMS
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FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021
VERIFICATION BY AFFIDAVIT
STATE OF NEW YORK }
}SS.:
COUNTY OF NEWYORK }
:fu_m~(\e_ P--5'nlt~ Wn'. 1lh1.1<~t being duly sworn, says:
I am a Plaintiff in the action herein: I have read the annexed ':summons t- Ccm~\(Vt\T
and know the contents thereof, and the same are true to my knowledge, except those
r:natters therein which are to be alleged upon information and belief, and as to those
r:natters I believe them to be true. My belief as to those matters therein not stated upon
knowledge, is. based upon facts, records, and other pertinent information contained in my
personal files.
bated: New York, New York
Dec em bu:2-t J 2 o2.. l
Sworn to before me this
Lday of 'J)ece...w 20
Y/?
Notary Public
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FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
JAZMINE ASHLEY WHITEHURST,
Plaintiff,
-against-
860 RIVER LLC,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
WILLIAM SCHWITZER & ASSOCIATES, P.C.
Attorneys for Plaintiff
820 Second Avenue, 10 th Floor
New York, New York 10017
(212) 683-3800
Fax: (212) 685-2356
8 of 8
Preview
FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF BRONX -----------------------------------------------------------------------X SUMMONS JAZMINE ASHLEY WHITEHURST, Plaintiff designates BRONX Plaintiff, County as the place of trial. -against- The basis of venue is: Defendant' s residence 860 RIVER LLC, Defendant. -----------------------------------------------------------------------X To the above-named Defendant You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs attorneys within twenty days after the services of this summons exclusive of the day of service, where service is made by delivery upon you personally within the state, or within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York December 24, 2021 erlino, Esq. ys for Plaintiff INE ASHLEY WHITEHURST Second Avenue, 10th Floor ew York, New York 10017 (212) 683-3800 File No. : SRDS21-162 1 of 8 FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021 TO : 860 RIVER LLC c/o SoloffManagement Corp. 2562 Briggs A venue Bronx, New York 10548 860 RIVER LLC c/o Miklos A. Vasarhelyi 118 East 62 nd Street New York, New York 10065 2 of 8 FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -----------------------------------------------------------------------X Index No. : JAZMINE ASHLEY WHITEHURST, Plaintiff, VERIFIED COMPLAINT -against- 860 RIVER LLC, Defendant. -----------------------------------------------------------------------X Plaintiff, JAZMINE ASHLEY WHITEHURST, by her attorneys, WILLIAM SCHWITZER & ASSOCIATES , P.C. , as and for a cause of action alleges upon information and belief as follows: 1. At all the times herein mentioned, Plaintiff, JAZMINE ASHLEY WHITEHURST, was and still is a resident of the County, City and State of New York. 2. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, 860 RIVER LLC, owned the premises located at 860 Riverside Drive, County, City and State of New York. 3. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, 860 RIVER LLC, operated the premises located at 860 Riverside Drive, County, City and State of New York. 4. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, 860 RIVER LLC, maintained the premises located at 860 Riverside Drive, County, City and State of New York. 5. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, 860 RIVER LLC, managed the premises located at 860 Riverside Drive, County, City and State of New York. 6. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, 3 of 8 FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021 860 RIVER LLC, controlled the premises located at 860 Riverside Drive, County, City and State of New York. 7. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, 860 RIVER LLC, owned the staircase/stairwell in the interior of the premises located at 860 Riverside Drive, County, City and State of New York. 8. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, 860 RIVER LLC, operated the staircase/stairwell in the interior of the premises located at 860 Riverside Drive, County, City and State of New York. 9. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, 860 RIVER LLC, maintained the staircase/stairwell in the interior of the premises located at 860 Riverside Drive, County, City and State of New York. 10. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, 860 RIVER LLC, managed the staircase/stairwell in the interior of the premises located at 860 Riverside Drive, County, City and State ofNew York. 11. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, 860 RIVER LLC, controlled the staircase/stairwell in the interior of the premises located at 860 Riverside Drive, County, City and State ofNew York. 12. That on December 6, 2021 , the Plaintiff, JAZMINE ASHLEY WHITEHURST, was on the aforementioned premises. 13. That on December 6, 2021 , the Plaintiff, JAZMINE ASHLEY WHITEHURST, was on the aforementioned premises, and she was caused to fall due to a defective, broken, raised, cracked, depressed, extended, obstructed, misaligned and/or uneven, step/stairwell at the aforementioned premises. 4 of 8 FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021 14. The aforesaid accident and the injuries resulting therefrom were due to the careless, reckless and negligent manner in which the Defendants owned, operated, managed, maintained, controlled, performed, supervised and repaired the aforesaid premises and/or the staircase/stairwell in the interior of the aforesaid premises, without the Plaintiff in any way contributing thereto. 15. The Defendants herein were careless, reckless and negligent in that they violated their duties to persons lawfully on the aforesaid premises and to this Plaintiff in particular, in knowingly, permitting, suffering and allowing the aforesaid premises to be, become and remain in a defective, unsafe and dangerous condition; and were further negligent in failing to take suitable precautions for the safety of persons lawfully on the aforesaid premises. 16. That by reason of the foregoing and the negligence of the Defendants, the Plaintiff, JAZMINE ASHLEY WHITEHURST, was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled and so remained for a considerable length of time. 17. That by reason of the foregoing, the Plaintiff, JAZMINE ASHLEY WHITEHURST, was compelled to and did necessarily require medical aid and attention, and did necessarily pay and become liable therefore for medicines and upon information and belief, the Plaintiff will necessarily incur similar expenses. 18. That by reason of the foregoing, the Plaintiff, JAZMINE ASHLEY WHITEHURST, has been unable to attend to her usual occupation in the manner required. 19. One or more of the exceptions of§ 1602 of the Civi l Practice Laws and Rules applies to the within action. 20. That as a result of the foregoing, the Plaintiff, JAZMINE ASHLEY WHITEHURST, has been damaged in a sum which exceeds the jurisdictional limits of all lower courts. 5 of 8 FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021 WHEREFORE, Plaintiff, JAZMINE ASHLEY WHITEHURST, demands judgment against the Defendants for the First Cause of Action in excess of the jurisdictional amounts of the lower Courts, together with the costs and disbursements of this action. Dated: New York, New York December 24, 2021 Yours, etc., WILLIAMS 6 of 8 FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021 VERIFICATION BY AFFIDAVIT STATE OF NEW YORK } }SS.: COUNTY OF NEWYORK } :fu_m~(\e_ P--5'nlt~ Wn'. 1lh1.1<~t being duly sworn, says: I am a Plaintiff in the action herein: I have read the annexed ':summons t- Ccm~\(Vt\T and know the contents thereof, and the same are true to my knowledge, except those r:natters therein which are to be alleged upon information and belief, and as to those r:natters I believe them to be true. My belief as to those matters therein not stated upon knowledge, is. based upon facts, records, and other pertinent information contained in my personal files. bated: New York, New York Dec em bu:2-t J 2 o2.. l Sworn to before me this Lday of 'J)ece...w 20 Y/? Notary Public 7 of 8 FILED: BRONX COUNTY CLERK 12/24/2021 01:09 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/24/2021 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX JAZMINE ASHLEY WHITEHURST, Plaintiff, -against- 860 RIVER LLC, Defendants. SUMMONS AND VERIFIED COMPLAINT WILLIAM SCHWITZER & ASSOCIATES, P.C. Attorneys for Plaintiff 820 Second Avenue, 10 th Floor New York, New York 10017 (212) 683-3800 Fax: (212) 685-2356 8 of 8