Preview
FILED: NEW YORK COUNTY CLERK 11/29/2022 12:20 PM INDEX NO. 154454/2018
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/29/2022
EXHIBIT A
FILED: NEW YORK COUNTY CLERK 05/11/2018
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NYSCEF DOC. NO. 1
40 RECEIVED NYSCEF: 05/11/2018
11/29/2022
),, F ~w t
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FILE #: 30038
-;".
SUPREME COURT OF THE STATE OF NEW YORK Summons with Notice
COUNTY OF NEW YORK
Index No.:
_________________________________________-------------------------X
Plaintiff(s)designates
ISIDRO ORELLANA,
NEW YORK
County as the place oftrial
Plaintiff(s), The of
basis venue is
Plaintiffs residence
-against- 173rd
567 West Street
New York, New York
4260 BROADWAY REALTY LLC, 4262 BROADWAY CONDOMINIUM ,
CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO AND of NEW YORK
County
MARK ELMAN,
Defendant(s).
_______________________________------------··----------------------X
To the above named Defendant(s)
YOU ARE HEREBY SUMMONED to answer the complaint inthis action and to serve a copy of your
answer, or, ifthe complaint is notserved with thissummons, to serve a noticeofappearance, on the Plaintiffs
Attorney(s) within 20 days afterthe serviceof thissummons, exclusive of theday of service(or within 30 days after
the serviceiscomplete ifthissummons is notpersonally deliveredto you within the Stateof New York); and in case
of your failureto appear or answer, judgment will be taken againstyou by default for thereliefdemanded herein.
Dated: May 1, 2018 / /
Defendant's Addresses:
BY: ROBERT J. ESQ.
This SUMMONS AND COMPLAINT and the
papers on which itisbased, are certifiedpursuant to
Section 130-1.1-a of the rulesof the Chief
Administrator (22NYCRR)
SUBIN ASSOCIATES, LLP
Attorney(s) for Plaintiff(s)
Office and Post Office Address
Notice: The object of thisactionis torecover forpersonal injury 150 Broadway
due to defendant(s) negligence New York, New York 10038
(212) 285-3800
The relief
sought is Monetary Damages
Upon your failureto appear,judgment willbe taken against you by defaultwith interest from 12/18/2017
and the costs ofthis action
DEFENDANT(S) ADDRESS(ES)
4260 BROADWAY REALTY LLC
C/O PETER SKEADAS
610 West Hartsdale Avenue
White Plains,New York 10607
[SEE RIDER FOR ADDITIONAL DEFENDANTSJ
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RIDER
4262 BROADWAY CONDOMINIUM
513 East 13thStreet
New York, NY 10009
CITADEL PROPERTY MANAGEMENT CORP.
C/O Michael Crespo
513 East 13thStreet
New York, NY 10009
AARON SANKO
513 East 13thStreet
New York, NY 10009
MARK ELMAN
513 East 13thStreet
New York, NY 10009
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FILE #: 30038
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- —- — ———-- ———
-------------------------------------------------------------------X
VERIFIED COMPLAINT
ISIDRO ORELLANA,
Plaintiff(s),
-against-
4260 BROADWAY REALTY LLC, 4262 BROADWAY
CONDOMINIUM, CITADEL PROPERTY MANAGEMENT
CORP., AARON SANKO AND MARK ELMAN,
Defendant(s).
X
-------------------------------------------------------------------X
Plaintiff, Isidro Orellana, complaining of the defendants by his attorney, SUBIN
ASSOCIATES LLP, upon information and belief, respectfully allege:
AS AND FOR A FIRST CAUSE OF ACTION IN BEHALF
OF PLAINTIFF ISIDRO ORELLANA
1. That at allthe times herein mentioned, and more particularly 12/18/2017,
Broadway was and stillis a public roadway in the Borough of Manhattan, County of New York,
City and State of New York which consisted of a roadway and sidewalks thereat.
2. That said sidewalks were public thoroughfares along and over which the public at
large had a right to walk.
3. That at allthe times herein mentioned, the defendant 4260 BROADWAY
REALTY LLC, was and stillis a corporation doing business in the State of New York.
4. That at allthe times herein mentioned, the defendant 4260 BROADWAY
REALTY LLC, was the owner of the premises located at 4260 Broadway, New York, New York.
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5. That at all the times herein mentioned, the defendant 4260 BROADWAY
REALTY LLC, itsagents, servants and/or employees operated the aforementioned premises and
the abutting sidewalk.
6. That at all the times herein mentioned, the defendant 4260 BROADWAY
REALTY LLC, itsagents, servants and/or employees maintained the aforementioned premises
and the abutting sidewalk.
7. That at all the times herein mentioned, the defendant 4260 BROADWAY
REALTY LLC, its agents, servants and/or employees managed the aforementioned premises and
the abutting sidewalk.
8. That at all the times herein mentioned, the defendant 4260 BROADWAY
REALTY LLC, its agents, servants and/or employees controlled the aforementioned premises and
the abutting sidewalk.
9. That at allthe times herein mentioned, the defendant 4262 BROADWAY
CONDOMINIUM , was and stillis a corporation doing business in the State of New York.
10. That at allthe times herein mentioned, the defendant 4262 BROADWAY
CONDOMINIUM , was and stillis a partnership doing business in the State of New York.
11. That at allthe times herein mentioned, the defendant 4262 BROADWAY
CONDOMINIUM, was the owner of the premises located at 4260 Broadway, New York, New
York.
12. That at all the times herein mentioned, the defendant 4262 BROADWAY
CONDOMINIUM, its agents, servants and/or employees operated the aforementioned premises
and the abutting sidewalk.
13. That at all the times herein mentioned, the defendant 4262 BROADWAY
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CONDOMINIUM, its agents, servants and/or employees maintained the aforementioned premises
and the abutting sidewalk.
14. That at all the times herein mentioned, the defendant 4262 BROADWAY
CONDOMINIUM, itsagents, servants and/or employees managed the aforementioned premises
and the abutting sidewalk.
15. That at all the times herein mentioned, the defendant 4262 BROADWAY
CONDOMINIUM, itsagents, servants and/or employees controlled the aforementioned premises
and the abutting sidewalk.
16. That at all the times herein mentioned, the defendant CITADEL PROPERTY
MANAGEMENT CORP., was and stillis a corporation doing business in the State of New York.
17. That at all the times herein mentioned, the defendant CITADEL PROPERTY
MANAGEMENT CORP., was and stillis a partnership doing business in the State of New York.
18. That at allthe times herein mentioned, the defendant CITADEL PROPERTY
MANAGEMENT CORP., was the owner of the premises located at 4260 Broadway, New York,
New York.
19. That at allthe times herein mentioned, the defendant CITADEL PROPERTY
MANAGEMENT CORP., its agents, servants and/or employees operated the aforementioned
premises and the abutting sidewalk.
20. That at allthe times herein mentioned, the defendant CITADEL PROPERTY
MANAGEMENT CORP., itsagents, servants and/or employees maintained the aforementioned
premises and the abutting sidewalk.
21. That at allthe times herein mentioned, the defendant CITADEL PROPERTY
MANAGEMENT CORP., itsagents, servants and/or employees managed the aforementioned
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. premises and the abutting sidewalk.
22. That at all the times herein mentioned, the defendant CITADEL PROPERTY
MANAGEMENT CORP., itsagents, servants and/or employees controlled the aforementioned
premises and the abutting sidewalk.
23. That at all the times herein mentioned, the defendant AARON SANKO, was the
owner of the premises located at 4260 Broadway, New York, New York.
24. That at allthe times herein mentioned, the defendant AARON SANKO, its agents,
servants and/or employees operated the aforementioned premises and the abutting sidewalk.
25. That at all the times herein mentioned, the defendant AARON SANKO, itsagents,
servants and/or employees maintained the aforementioned premises and the abutting sidewalk.
26. That at all the times herein mentioned, the defendant AARON SANKO, itsagents,
servants and/or employees managed the aforementioned premises and the abutting sidewalk.
27. That at allthe times herein mentioned, the defendant AARON SANKO, its agents,
servants and/or employees controlled the aforementioned premises and the abutting sidewalk.
28. That at allthe times herein mentioned, the defendant MARK ELMAN, was the
owner of the premises located at 4260 Broadway, New York, New York.
29. That at all the times herein mentioned, the defendant MARK ELMAN, itsagents,
servants and/or employees operated the aforementioned premises and the abutting sidewalk.
30. That at allthe times herein mentioned, the defendant MARK ELMAN, itsagents,
servants and/or employees maintained the aforementioned premises and the abutting sidewalk.
31. That at all the times herein mentioned, the defendant MARK ELMAN, itsagents,
servants and/or employees managed the aforementioned premises and the abutting sidewalk.
32. That at all the times herein mentioned, the defendant MARK ELMAN, itsagents,
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. servants and/or employees controlled the aforementioned premises and the abutting sidewalk.
33. That at all the times herein mentioned, itwas the duty of the defendant(s), their
agents, servants and/or employees to keep and maintain said sidewalk 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.
34. That on or about 12/18/2017, while plaintiff was lawfully walking on the
aforementioned sidewalk plaintiff ISIDRO ORELLANA was 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.
35. 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 sidewalk, 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 sidewalk 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 sidewalk; in failing to properly maintain said sidewalk and
in improperly maintaining said sidewalk, in improperly and negligently repairing said sidewalk, in
permitting and allowing defective repairs on said sidewalk, 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
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thereat; in generally maintaining said sidewalk 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.
36. Both actual and constructive notice are claimed. Actual notice in that the
defendants, its 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.
37. 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 plaintiffs damage in an
amount which exceeds the jurisdictional limits of alllower courts 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; together with the costs and disbursements of this action.
DATED: New York, New York
May 1, 2018
You , c.
OBE T J. EI 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)
COUNTY OF NEW YORK)
The undersigned, an attorney, admitted to practice in the Courts of the State of New
York. The undersigned affirms that the following statements are true under the penalties of
perjury.
That deponent is associated with the attorney for the plaintiff in the within action; that
deponent has read the foregoing COMPLAINT and knows the contents thereof; that same is
true to deponent's own knowledge, except as to the matters therein stated to be alleged upon
information and belief, and that as to those matters deponent believes itto be true. Deponent
further says that the reason this verification is made by deponent and not by plaintiff is that
plaintiff resides outside of the County where your deponent holds his office.
The grounds of deponent's belief as to all matters not stated upon deponent's knowledge
are as follows:
Information and investigation in the file.
DATE: NEW YORK, NEW YORK
May 1, 2018
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Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
____________________________________________________________________---··------------------------------------------X
ISIDRO ORELLANA,
PLAINTIFF(S),
-AGAINST-
4260 BROADWAY REALTY LLC, 4262 BROADWAY CONDOMINIUM , CITADEL
PROPERTY MANAGEMENT CORP., AARON SANKO AND MARK ELMAN
DEFENDANT(S).
SUMMONS AND COMPLAINT
SUBIN ASSOCIATES, L.L.P.
Attorneysfor Plaintiff(s)
Officeand Post Office Address, Telephone
150 Broadway, 23rd Floor
New York, NY 10038
Telephone (212) 285-3800
WE DO NOT ACCEPT SERVICE BY ELECTRONIC TRANSMISSION
To:
Attorney(s) for
Service ofa copy of the withinis hereby admitted
Dated:,
.......................................................
Attorney(s) for
PLEASE TAKE NOTICE
That the within isa (certified)
true copy of an ORDER entered in theoffice NOTICE OF of the clerkof the
within named courton , 20 .
ENTRY
That an Order of which the within isa true copy willbe presented for NOTICE OF settletothe Hon.one of
the judgesof thewithin
SETTLEMENT named court,
at
on , 20_, at 10:00 a.m.
Dated:
SUBIN ASSOCIATES, L.L.P.
Attorneys forplaintiff(s)
150 Broadway, 23rd Floor
Attorney(s) forDefendant(s) New York, NY 10038
(212)285-3800
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Preview
FILED: NEW YORK COUNTY CLERK 11/29/2022 12:20 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/29/2022 EXHIBIT A FILED: NEW YORK COUNTY CLERK 05/11/2018 11/29/2022 12:21 12:20 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 1 40 RECEIVED NYSCEF: 05/11/2018 11/29/2022 ),, F ~w t '4 tLt I FILE #: 30038 -;". SUPREME COURT OF THE STATE OF NEW YORK Summons with Notice COUNTY OF NEW YORK Index No.: _________________________________________-------------------------X Plaintiff(s)designates ISIDRO ORELLANA, NEW YORK County as the place oftrial Plaintiff(s), The of basis venue is Plaintiffs residence -against- 173rd 567 West Street New York, New York 4260 BROADWAY REALTY LLC, 4262 BROADWAY CONDOMINIUM , CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO AND of NEW YORK County MARK ELMAN, Defendant(s). _______________________________------------··----------------------X To the above named Defendant(s) YOU ARE HEREBY SUMMONED to answer the complaint inthis action and to serve a copy of your answer, or, ifthe complaint is notserved with thissummons, to serve a noticeofappearance, on the Plaintiffs Attorney(s) within 20 days afterthe serviceof thissummons, exclusive of theday of service(or within 30 days after the serviceiscomplete ifthissummons is notpersonally deliveredto you within the Stateof New York); and in case of your failureto appear or answer, judgment will be taken againstyou by default for thereliefdemanded herein. Dated: May 1, 2018 / / Defendant's Addresses: BY: ROBERT J. ESQ. This SUMMONS AND COMPLAINT and the papers on which itisbased, are certifiedpursuant to Section 130-1.1-a of the rulesof the Chief Administrator (22NYCRR) SUBIN ASSOCIATES, LLP Attorney(s) for Plaintiff(s) Office and Post Office Address Notice: The object of thisactionis torecover forpersonal injury 150 Broadway due to defendant(s) negligence New York, New York 10038 (212) 285-3800 The relief sought is Monetary Damages Upon your failureto appear,judgment willbe taken against you by defaultwith interest from 12/18/2017 and the costs ofthis action DEFENDANT(S) ADDRESS(ES) 4260 BROADWAY REALTY LLC C/O PETER SKEADAS 610 West Hartsdale Avenue White Plains,New York 10607 [SEE RIDER FOR ADDITIONAL DEFENDANTSJ 1 of 2 FILED: NEW YORK COUNTY CLERK 05/11/2018 11/29/2022 12:21 12:20 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 1 40 RECEIVED NYSCEF: 05/11/2018 11/29/2022 RIDER 4262 BROADWAY CONDOMINIUM 513 East 13thStreet New York, NY 10009 CITADEL PROPERTY MANAGEMENT CORP. C/O Michael Crespo 513 East 13thStreet New York, NY 10009 AARON SANKO 513 East 13thStreet New York, NY 10009 MARK ELMAN 513 East 13thStreet New York, NY 10009 2 of 2 FILED: NEW YORK COUNTY CLERK 05/11/2018 11/29/2022 12:21 12:20 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 2 40 RECEIVED NYSCEF: 05/11/2018 11/29/2022 FILE #: 30038 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - —- — ———-- ——— -------------------------------------------------------------------X VERIFIED COMPLAINT ISIDRO ORELLANA, Plaintiff(s), -against- 4260 BROADWAY REALTY LLC, 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO AND MARK ELMAN, Defendant(s). X -------------------------------------------------------------------X Plaintiff, Isidro Orellana, complaining of the defendants by his attorney, SUBIN ASSOCIATES LLP, upon information and belief, respectfully allege: AS AND FOR A FIRST CAUSE OF ACTION IN BEHALF OF PLAINTIFF ISIDRO ORELLANA 1. That at allthe times herein mentioned, and more particularly 12/18/2017, Broadway was and stillis a public roadway in the Borough of Manhattan, County of New York, City and State of New York which consisted of a roadway and sidewalks thereat. 2. That said sidewalks were public thoroughfares along and over which the public at large had a right to walk. 3. That at allthe times herein mentioned, the defendant 4260 BROADWAY REALTY LLC, was and stillis a corporation doing business in the State of New York. 4. That at allthe times herein mentioned, the defendant 4260 BROADWAY REALTY LLC, was the owner of the premises located at 4260 Broadway, New York, New York. 1 of 9 FILED: NEW YORK COUNTY CLERK 05/11/2018 11/29/2022 12:21 12:20 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 2 40 RECEIVED NYSCEF: 05/11/2018 11/29/2022 5. That at all the times herein mentioned, the defendant 4260 BROADWAY REALTY LLC, itsagents, servants and/or employees operated the aforementioned premises and the abutting sidewalk. 6. That at all the times herein mentioned, the defendant 4260 BROADWAY REALTY LLC, itsagents, servants and/or employees maintained the aforementioned premises and the abutting sidewalk. 7. That at all the times herein mentioned, the defendant 4260 BROADWAY REALTY LLC, its agents, servants and/or employees managed the aforementioned premises and the abutting sidewalk. 8. That at all the times herein mentioned, the defendant 4260 BROADWAY REALTY LLC, its agents, servants and/or employees controlled the aforementioned premises and the abutting sidewalk. 9. That at allthe times herein mentioned, the defendant 4262 BROADWAY CONDOMINIUM , was and stillis a corporation doing business in the State of New York. 10. That at allthe times herein mentioned, the defendant 4262 BROADWAY CONDOMINIUM , was and stillis a partnership doing business in the State of New York. 11. That at allthe times herein mentioned, the defendant 4262 BROADWAY CONDOMINIUM, was the owner of the premises located at 4260 Broadway, New York, New York. 12. That at all the times herein mentioned, the defendant 4262 BROADWAY CONDOMINIUM, its agents, servants and/or employees operated the aforementioned premises and the abutting sidewalk. 13. That at all the times herein mentioned, the defendant 4262 BROADWAY 2 of 9 FILED: NEW YORK COUNTY CLERK 05/11/2018 11/29/2022 12:21 12:20 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 2 40 RECEIVED NYSCEF: 05/11/2018 11/29/2022 CONDOMINIUM, its agents, servants and/or employees maintained the aforementioned premises and the abutting sidewalk. 14. That at all the times herein mentioned, the defendant 4262 BROADWAY CONDOMINIUM, itsagents, servants and/or employees managed the aforementioned premises and the abutting sidewalk. 15. That at all the times herein mentioned, the defendant 4262 BROADWAY CONDOMINIUM, itsagents, servants and/or employees controlled the aforementioned premises and the abutting sidewalk. 16. That at all the times herein mentioned, the defendant CITADEL PROPERTY MANAGEMENT CORP., was and stillis a corporation doing business in the State of New York. 17. That at all the times herein mentioned, the defendant CITADEL PROPERTY MANAGEMENT CORP., was and stillis a partnership doing business in the State of New York. 18. That at allthe times herein mentioned, the defendant CITADEL PROPERTY MANAGEMENT CORP., was the owner of the premises located at 4260 Broadway, New York, New York. 19. That at allthe times herein mentioned, the defendant CITADEL PROPERTY MANAGEMENT CORP., its agents, servants and/or employees operated the aforementioned premises and the abutting sidewalk. 20. That at allthe times herein mentioned, the defendant CITADEL PROPERTY MANAGEMENT CORP., itsagents, servants and/or employees maintained the aforementioned premises and the abutting sidewalk. 21. That at allthe times herein mentioned, the defendant CITADEL PROPERTY MANAGEMENT CORP., itsagents, servants and/or employees managed the aforementioned 3 of 9 FILED: NEW YORK COUNTY CLERK 05/11/2018 11/29/2022 12:21 12:20 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 2 40 RECEIVED NYSCEF: 05/11/2018 11/29/2022 . premises and the abutting sidewalk. 22. That at all the times herein mentioned, the defendant CITADEL PROPERTY MANAGEMENT CORP., itsagents, servants and/or employees controlled the aforementioned premises and the abutting sidewalk. 23. That at all the times herein mentioned, the defendant AARON SANKO, was the owner of the premises located at 4260 Broadway, New York, New York. 24. That at allthe times herein mentioned, the defendant AARON SANKO, its agents, servants and/or employees operated the aforementioned premises and the abutting sidewalk. 25. That at all the times herein mentioned, the defendant AARON SANKO, itsagents, servants and/or employees maintained the aforementioned premises and the abutting sidewalk. 26. That at all the times herein mentioned, the defendant AARON SANKO, itsagents, servants and/or employees managed the aforementioned premises and the abutting sidewalk. 27. That at allthe times herein mentioned, the defendant AARON SANKO, its agents, servants and/or employees controlled the aforementioned premises and the abutting sidewalk. 28. That at allthe times herein mentioned, the defendant MARK ELMAN, was the owner of the premises located at 4260 Broadway, New York, New York. 29. That at all the times herein mentioned, the defendant MARK ELMAN, itsagents, servants and/or employees operated the aforementioned premises and the abutting sidewalk. 30. That at allthe times herein mentioned, the defendant MARK ELMAN, itsagents, servants and/or employees maintained the aforementioned premises and the abutting sidewalk. 31. That at all the times herein mentioned, the defendant MARK ELMAN, itsagents, servants and/or employees managed the aforementioned premises and the abutting sidewalk. 32. That at all the times herein mentioned, the defendant MARK ELMAN, itsagents, 4 of 9 FILED: NEW YORK COUNTY CLERK 05/11/2018 11/29/2022 12:21 12:20 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 2 40 RECEIVED NYSCEF: 05/11/2018 11/29/2022 . servants and/or employees controlled the aforementioned premises and the abutting sidewalk. 33. That at all the times herein mentioned, itwas the duty of the defendant(s), their agents, servants and/or employees to keep and maintain said sidewalk 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. 34. That on or about 12/18/2017, while plaintiff was lawfully walking on the aforementioned sidewalk plaintiff ISIDRO ORELLANA was 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. 35. 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 sidewalk, 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 sidewalk 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 sidewalk; in failing to properly maintain said sidewalk and in improperly maintaining said sidewalk, in improperly and negligently repairing said sidewalk, in permitting and allowing defective repairs on said sidewalk, 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 5 of 9 FILED: NEW YORK COUNTY CLERK 05/11/2018 11/29/2022 12:21 12:20 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 2 40 RECEIVED NYSCEF: 05/11/2018 11/29/2022 thereat; in generally maintaining said sidewalk 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. 36. Both actual and constructive notice are claimed. Actual notice in that the defendants, its 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. 37. 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 plaintiffs damage in an amount which exceeds the jurisdictional limits of alllower courts 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; together with the costs and disbursements of this action. DATED: New York, New York May 1, 2018 You , c. OBE T J. EI ESQ. SUBIN ASSOCIATES, LLP Attorneys for Plaintiffs 6 of 9 FILED: NEW YORK COUNTY CLERK 05/11/2018 11/29/2022 12:21 12:20 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 2 40 RECEIVED NYSCEF: 05/11/2018 11/29/2022 150 Broadway New York, New York 10038 (212) 285-3800 7 of 9 FILED: NEW YORK COUNTY CLERK 05/11/2018 11/29/2022 12:21 12:20 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 2 40 RECEIVED NYSCEF: 05/11/2018 11/29/2022 STATE OF NEW YORK) COUNTY OF NEW YORK) The undersigned, an attorney, admitted to practice in the Courts of the State of New York. The undersigned affirms that the following statements are true under the penalties of perjury. That deponent is associated with the attorney for the plaintiff in the within action; that deponent has read the foregoing COMPLAINT and knows the contents thereof; that same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters deponent believes itto be true. Deponent further says that the reason this verification is made by deponent and not by plaintiff is that plaintiff resides outside of the County where your deponent holds his office. The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are as follows: Information and investigation in the file. DATE: NEW YORK, NEW YORK May 1, 2018 8 of 9 FILED: NEW YORK COUNTY CLERK 05/11/2018 11/29/2022 12:21 12:20 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 2 40 RECEIVED NYSCEF: 05/11/2018 11/29/2022 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ____________________________________________________________________---··------------------------------------------X ISIDRO ORELLANA, PLAINTIFF(S), -AGAINST- 4260 BROADWAY REALTY LLC, 4262 BROADWAY CONDOMINIUM , CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO AND MARK ELMAN DEFENDANT(S). SUMMONS AND COMPLAINT SUBIN ASSOCIATES, L.L.P. Attorneysfor Plaintiff(s) Officeand Post Office Address, Telephone 150 Broadway, 23rd Floor New York, NY 10038 Telephone (212) 285-3800 WE DO NOT ACCEPT SERVICE BY ELECTRONIC TRANSMISSION To: Attorney(s) for Service ofa copy of the withinis hereby admitted Dated:, ....................................................... Attorney(s) for PLEASE TAKE NOTICE That the within isa (certified) true copy of an ORDER entered in theoffice NOTICE OF of the clerkof the within named courton , 20 . ENTRY That an Order of which the within isa true copy willbe presented for NOTICE OF settletothe Hon.one of the judgesof thewithin SETTLEMENT named court, at on , 20_, at 10:00 a.m. Dated: SUBIN ASSOCIATES, L.L.P. Attorneys forplaintiff(s) 150 Broadway, 23rd Floor Attorney(s) forDefendant(s) New York, NY 10038 (212)285-3800 9 of 9