Preview
FILED: NASSAU COUNTY CLERK 01/09/2023 10:34 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 01/09/2023
EXHIBIT 1
FILED: NASSAU COUNTY CLERK 01/09/2023 10:34 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 01/09/2023
SUPREME COURT OF THE STATE OF NEW YORK Date filed with Court: / /21
COUNTY.OF NASSAU
--__________________________________x
GLORIA DEL CARMEN CABRERA, Index No.:
Plaintiff, SUMMONS
-against- Plaintiff designates Nassau County
as the place of trialherein.
PETSTA LLC, PETCO HEALTH AND WELLNESS
COMPANY, INC., and STAPLES INC.
The basis of venue is Plaintiff's
Defendants. residence in Nassau County, NY.
__________________________________x
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of your answer,
plaintiffs'
or if the complaint is not served with this summons, to serve a notice of appearance on the attorney
within twenty (20) days afterthe service of this summons, exclusive of the day of service or within thirty (30)
days after the service is complete if thissummons is not personally delivered to you within the State of New
York; and incase of your failureto appear or answer, judgment will be taken against you by default for the relief
demanded in the complaint.
Dated: August 31, 2021
Merrick, New York
GAR 1 . KENNEY .
ROBERT Y G SOCIATES, P.C.
Attorney for ainf
2284 B ylon T ike
Merrick, New York 11566
(516) 826-8938
DEFENDANTS' ADDRESSES:
- 2nd
PETSTA LLC 111 East Jericho Turnpike, F100r, Mineola, New York 11501;
HEALTH AND WELLNESS INC. - via of State - 10850 Via San
PETCO COMPANY, Secretary Frontera,
Diego, California 92127; and
STAPLES INC. - via of State - 500 Staples Framingham Massachusetts 01702
Secretary Drive,
FILED: NASSAU COUNTY CLERK 01/09/2023 10:34 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 01/09/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_________________________________________Ç
GLORIA DEL CARMEN CABRERA, Index No.:
Plaintiff, VERIFIEED COMPLAINT
-against-
PETSTA LLC, PETCO HEALTH AND WELLNESS
COMPANY, INC., and STAPLES INC.,
Defendants.
_______________________________________Ç
Plaintiff, GLORIA DEL CAltMEN CABRERA, by and through her attorneys, ROBERT K. YOUNG &
ASSOCIATES, P.C., as and for a VERIFIED COMPLAINT, alleges the following:
1. At all times herein mentioned Plaintiff, GLORIA DEL CARMEN CABRERA, was and stillis a
resident of Nassau County, New York.
2. At alltimes herein mentioned, upon information and belief,Defendant, PETSTA LLC, owned the
premises and its appurtenances situate at 2300, 2310 Jericho Turnpike, Garden City, New York 11040
(hereinafter collectively referred to as the "subject premises.").
3. At all times herein mentioned, upon information and belief, Defendant, PETSTA LLC, was and
stillis a foreign limited liabilitycompany licensed to do business in theState of New York.
4. At all times herein mentioned, upon information and belief, Defendant, PETSTA LLC, was and
stillis a domestic limited liabilitycompany and maintained an office for the conduct of itsbusiness at 111 East
2nd
Jericho Tumpike, Floor, Mineola, New York 11501.
5. At all times herein mentioned, upon information and belief, Defendant, PETCO HEALTH AND
WELLNESS COMPANY, INC., owned the premises and itsappurtenances situate at the Subject Premises.
6. At all times herein mentioned, upon information and belief, Defendant, PETCO HEALTH AND
WELLNESS COMPANY, INC., was and stillis a foreign corporation licensed to do business in the State of
New York.
7. At alltimes herein mentioned, upon information and belief, Defendant, PETCO HEALTH AND
FILED: NASSAU COUNTY CLERK 01/09/2023 10:34 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 01/09/2023
WELLNESS COMPANY, INC., was and still
isa domestic corporation and maintained an office for the conduct
of itsbusiness at 2300 Jericho Turnpike, Garden Ciiy Park, New York 11040.
8. At alltimes herein mentioned, upon information and belief, Defendant, STAPLES owned
INC.,
the premises and itsappurtenances situate at the Subject Premises.
9. At alltimes herein mentioned, upon information and belief, Defendant, STAPLES INC., was and
stillis a foreign corporation licensed to do business in the State of New York.
10. At alltimes herein mentioned, upon information and belief,Defendant STAPLES INC., was and
stillis a domestic corporation and maintained an office for the conduct of itsbusiness at 2310 Jericho Turnpike,
Garden City Park, New York 11040.
8. That on or about June 3, 2021, Plaintiff,GLORIA DEL CARMEN CABRERA, was lawfully and
properly present at the subject premises.
9. That on or about June 3, 2021 and prior thereto, Defendants, their agents, servants, and/or
employees negligently, recklessly and/or carelessly operated, maintained, controlled, managed, kept and/or
inspected the subject premises and itsappurtenances and more specifically the exterior parking lotthereat such
that the same was permitted and/or caused to become and/or remain in such a dangerous, defective and/or
hazardous condition thereby causing Plaintiff,GLORIA DEL CARMEN CABRERA, to violently tripand fall
to and against the ground thereby causing said Plaintiffto sustain severe, serious and permanent personal injuries
as hereinafter set forth and which required the aid of medical attention and assistance and which incapacitated
her.
10. That the aforesaid occurrence was due solelyto the negligence of the Defendants and without any
contributory negligence on the part of the Plaintiff.
11. That at alltimes herein mentioned Defendants represented to their invitees, guests and any and all
others similarly situated and particularly this Plaintiff, GLORIA DEL CARMEN CABRERA, that the
aforementioned premises and itsappurtenances were in a good state of repair and free from any/all dangerous,
defective and hazardous conditions when in fact thiswas not the case.
FILED: NASSAU COUNTY CLERK 01/09/2023 10:34 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 01/09/2023
12. That Defendants had actual and constructive notice of the subject condition yet failed to remedy
the subject dangerous, defective and/or hazardous coridition thereby causing the subject occurrence.
13. That the personal injuries sustained by Plaintiff, GLORIA DEL CARMEN CABRERA, were a
direct and proximate resultof the negligence of the Defendants and without any contributory negligence on the
part of the Plaintiff.
14. That solely as a result of the Defendants aforesaid negligence Plaintiff, GLORIA DEL CARMEN
CABRERA, was caused to seek medical aid and attention and was incapacitated from her usual duties and
activities and thatallof the foregoing will continue for the remainder of her natural life.
15. That solely as a resultof the foregoing, Plaintiff, GLORIA DEL CARMEN CABRERA, has been
damaged in an amount exceeding the statutory limits of any lower court having jurisdiction over this matter and
in an amount to be determined at the time of trialherein.
WHEREFORE, Plaintiff, GLORIA DEL CARMEN CABRERA, demands judgment against
Defendants, PETSTA LLC, PETCO HEALTH AND WELLNESS COMPANY, INC., and STAPLES INC., in
an amount exceeding the statutory limits of any lower court having jurisdiction over thismatter and inan amount
that shallbe determined at thetime of trial
herein; alltogether with the costs and disbursements properly incurred
herein.
Dated: August 31, 2021
Merrick, New York
GARY M. KE ESQ.
-
ROBE OUNG SSOCIATES, P.C.
Atto ys Plainti
2284 abylon Turnpike
Menick, New York 11566
(516) 826-8938
FILED: NASSAU COUNTY CLERK 01/09/2023 10:34 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 01/09/2023
INDIVIDUAL VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
GLORIA DEL CARMEN CABRERA being duly sworn, deposes and says:
1. That deponent is the Plaintiff in the within action, has read the foregoing
VERIFIED COMPLAINT and knows the contents thereof.
2. That the same is trueto deponent's own knowledge, except as to those matters said
to be upon information and belief and as to those matters, deponent believes it to be true. The
grounds of deponent's belief as to all matters not stated upon deponent's own knowledge are the
contents of the filekept and maintained herein.
GLORIA DEL CARMEN CABRERA
Sworn to b.efore me on this
l_ of $4 2021.
NotpryPublic
ANTWONY JOSiEPH SPADARO
Notary State of New York
Public,
Reg. No. 01SP6399347
! QuaMed In NassauCounty
Commission Expires10/21/23
FILED: NASSAU COUNTY CLERK 01/09/2023 10:34 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 01/09/2023
Index No.: Year:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
GLORIA DEL CARMEN CABRERA,
Plaintiff,
-against-
PETSTA LLC, PETCO HEALTH AND WELLNESS COMPANY, INC., and STAPLES INC.
Defendants.
ROBERT K. YOUNG & ASSOCIATES, P.C.
Attorney(s) for PLAINTIFF
Office and Post Office Address, Telephone
2284 BABYLON TURNPIKE
MERRICK, NEW YORK 11566
(516) 826-8938
(516) 826-4456
FAX: (516) 826-8932
SUMMONS AND VERIFIED COMPLAINT
To
Attomey(s) for ..............
Serviceof a copyof the within is herebyadmitted.
Dated,
Attorney(s) for .......................................
Sir·Please takenotice
a NOTICE OF ENTRY
thatwithin true
is a (certified) copy ofa
duly enteredin the office
of the clerk named
of the within courton
a NOTICE OF SETTLEMENT
thatan order ofwhich the within
is a true
copy willbe presentedfor
settlementto the HON. one ofthe judges
ofthe withinnamed Court,at
on the day of 20 at M.
Dated:
COMPLIANCE PURSUANT TO 22 NYCRR 4 130-1.1-a
To the best of
the undersigned'sknowledge, informationand beliefformed Yours, etc.
afteran inquiryreasonableunder the within
the circumstances, document(s) Robert Young & Associates
and contentionscontainedherein are not
frivolousas defmed in 22 N CRR Attorney(s)for
§ 130-1.1-a. Office and PostAddress
2284 BABYLON TUlthPIKE
/ MERRICK, NY 11566
MARK A JfS Q (516) 826-8938
ROBE . OUNG & ASSOCIATES, P.C. (516) 826-4456
To
Attorney(s)for
Preview
FILED: NASSAU COUNTY CLERK 01/09/2023 10:34 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 01/09/2023 EXHIBIT 1 FILED: NASSAU COUNTY CLERK 01/09/2023 10:34 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 01/09/2023 SUPREME COURT OF THE STATE OF NEW YORK Date filed with Court: / /21 COUNTY.OF NASSAU --__________________________________x GLORIA DEL CARMEN CABRERA, Index No.: Plaintiff, SUMMONS -against- Plaintiff designates Nassau County as the place of trialherein. PETSTA LLC, PETCO HEALTH AND WELLNESS COMPANY, INC., and STAPLES INC. The basis of venue is Plaintiff's Defendants. residence in Nassau County, NY. __________________________________x TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of your answer, plaintiffs' or if the complaint is not served with this summons, to serve a notice of appearance on the attorney within twenty (20) days afterthe service of this summons, exclusive of the day of service or within thirty (30) days after the service is complete if thissummons is not personally delivered to you within the State of New York; and incase of your failureto appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: August 31, 2021 Merrick, New York GAR 1 . KENNEY . ROBERT Y G SOCIATES, P.C. Attorney for ainf 2284 B ylon T ike Merrick, New York 11566 (516) 826-8938 DEFENDANTS' ADDRESSES: - 2nd PETSTA LLC 111 East Jericho Turnpike, F100r, Mineola, New York 11501; HEALTH AND WELLNESS INC. - via of State - 10850 Via San PETCO COMPANY, Secretary Frontera, Diego, California 92127; and STAPLES INC. - via of State - 500 Staples Framingham Massachusetts 01702 Secretary Drive, FILED: NASSAU COUNTY CLERK 01/09/2023 10:34 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 01/09/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _________________________________________Ç GLORIA DEL CARMEN CABRERA, Index No.: Plaintiff, VERIFIEED COMPLAINT -against- PETSTA LLC, PETCO HEALTH AND WELLNESS COMPANY, INC., and STAPLES INC., Defendants. _______________________________________Ç Plaintiff, GLORIA DEL CAltMEN CABRERA, by and through her attorneys, ROBERT K. YOUNG & ASSOCIATES, P.C., as and for a VERIFIED COMPLAINT, alleges the following: 1. At all times herein mentioned Plaintiff, GLORIA DEL CARMEN CABRERA, was and stillis a resident of Nassau County, New York. 2. At alltimes herein mentioned, upon information and belief,Defendant, PETSTA LLC, owned the premises and its appurtenances situate at 2300, 2310 Jericho Turnpike, Garden City, New York 11040 (hereinafter collectively referred to as the "subject premises."). 3. At all times herein mentioned, upon information and belief, Defendant, PETSTA LLC, was and stillis a foreign limited liabilitycompany licensed to do business in theState of New York. 4. At all times herein mentioned, upon information and belief, Defendant, PETSTA LLC, was and stillis a domestic limited liabilitycompany and maintained an office for the conduct of itsbusiness at 111 East 2nd Jericho Tumpike, Floor, Mineola, New York 11501. 5. At all times herein mentioned, upon information and belief, Defendant, PETCO HEALTH AND WELLNESS COMPANY, INC., owned the premises and itsappurtenances situate at the Subject Premises. 6. At all times herein mentioned, upon information and belief, Defendant, PETCO HEALTH AND WELLNESS COMPANY, INC., was and stillis a foreign corporation licensed to do business in the State of New York. 7. At alltimes herein mentioned, upon information and belief, Defendant, PETCO HEALTH AND FILED: NASSAU COUNTY CLERK 01/09/2023 10:34 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 01/09/2023 WELLNESS COMPANY, INC., was and still isa domestic corporation and maintained an office for the conduct of itsbusiness at 2300 Jericho Turnpike, Garden Ciiy Park, New York 11040. 8. At alltimes herein mentioned, upon information and belief, Defendant, STAPLES owned INC., the premises and itsappurtenances situate at the Subject Premises. 9. At alltimes herein mentioned, upon information and belief, Defendant, STAPLES INC., was and stillis a foreign corporation licensed to do business in the State of New York. 10. At alltimes herein mentioned, upon information and belief,Defendant STAPLES INC., was and stillis a domestic corporation and maintained an office for the conduct of itsbusiness at 2310 Jericho Turnpike, Garden City Park, New York 11040. 8. That on or about June 3, 2021, Plaintiff,GLORIA DEL CARMEN CABRERA, was lawfully and properly present at the subject premises. 9. That on or about June 3, 2021 and prior thereto, Defendants, their agents, servants, and/or employees negligently, recklessly and/or carelessly operated, maintained, controlled, managed, kept and/or inspected the subject premises and itsappurtenances and more specifically the exterior parking lotthereat such that the same was permitted and/or caused to become and/or remain in such a dangerous, defective and/or hazardous condition thereby causing Plaintiff,GLORIA DEL CARMEN CABRERA, to violently tripand fall to and against the ground thereby causing said Plaintiffto sustain severe, serious and permanent personal injuries as hereinafter set forth and which required the aid of medical attention and assistance and which incapacitated her. 10. That the aforesaid occurrence was due solelyto the negligence of the Defendants and without any contributory negligence on the part of the Plaintiff. 11. That at alltimes herein mentioned Defendants represented to their invitees, guests and any and all others similarly situated and particularly this Plaintiff, GLORIA DEL CARMEN CABRERA, that the aforementioned premises and itsappurtenances were in a good state of repair and free from any/all dangerous, defective and hazardous conditions when in fact thiswas not the case. FILED: NASSAU COUNTY CLERK 01/09/2023 10:34 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 01/09/2023 12. That Defendants had actual and constructive notice of the subject condition yet failed to remedy the subject dangerous, defective and/or hazardous coridition thereby causing the subject occurrence. 13. That the personal injuries sustained by Plaintiff, GLORIA DEL CARMEN CABRERA, were a direct and proximate resultof the negligence of the Defendants and without any contributory negligence on the part of the Plaintiff. 14. That solely as a result of the Defendants aforesaid negligence Plaintiff, GLORIA DEL CARMEN CABRERA, was caused to seek medical aid and attention and was incapacitated from her usual duties and activities and thatallof the foregoing will continue for the remainder of her natural life. 15. That solely as a resultof the foregoing, Plaintiff, GLORIA DEL CARMEN CABRERA, has been damaged in an amount exceeding the statutory limits of any lower court having jurisdiction over this matter and in an amount to be determined at the time of trialherein. WHEREFORE, Plaintiff, GLORIA DEL CARMEN CABRERA, demands judgment against Defendants, PETSTA LLC, PETCO HEALTH AND WELLNESS COMPANY, INC., and STAPLES INC., in an amount exceeding the statutory limits of any lower court having jurisdiction over thismatter and inan amount that shallbe determined at thetime of trial herein; alltogether with the costs and disbursements properly incurred herein. Dated: August 31, 2021 Merrick, New York GARY M. KE ESQ. - ROBE OUNG SSOCIATES, P.C. Atto ys Plainti 2284 abylon Turnpike Menick, New York 11566 (516) 826-8938 FILED: NASSAU COUNTY CLERK 01/09/2023 10:34 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 01/09/2023 INDIVIDUAL VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) GLORIA DEL CARMEN CABRERA being duly sworn, deposes and says: 1. That deponent is the Plaintiff in the within action, has read the foregoing VERIFIED COMPLAINT and knows the contents thereof. 2. That the same is trueto deponent's own knowledge, except as to those matters said to be upon information and belief and as to those matters, deponent believes it to be true. The grounds of deponent's belief as to all matters not stated upon deponent's own knowledge are the contents of the filekept and maintained herein. GLORIA DEL CARMEN CABRERA Sworn to b.efore me on this l_ of $4 2021. NotpryPublic ANTWONY JOSiEPH SPADARO Notary State of New York Public, Reg. No. 01SP6399347 ! QuaMed In NassauCounty Commission Expires10/21/23 FILED: NASSAU COUNTY CLERK 01/09/2023 10:34 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 01/09/2023 Index No.: Year: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU GLORIA DEL CARMEN CABRERA, Plaintiff, -against- PETSTA LLC, PETCO HEALTH AND WELLNESS COMPANY, INC., and STAPLES INC. Defendants. ROBERT K. YOUNG & ASSOCIATES, P.C. Attorney(s) for PLAINTIFF Office and Post Office Address, Telephone 2284 BABYLON TURNPIKE MERRICK, NEW YORK 11566 (516) 826-8938 (516) 826-4456 FAX: (516) 826-8932 SUMMONS AND VERIFIED COMPLAINT To Attomey(s) for .............. Serviceof a copyof the within is herebyadmitted. Dated, Attorney(s) for ....................................... Sir·Please takenotice a NOTICE OF ENTRY thatwithin true is a (certified) copy ofa duly enteredin the office of the clerk named of the within courton a NOTICE OF SETTLEMENT thatan order ofwhich the within is a true copy willbe presentedfor settlementto the HON. one ofthe judges ofthe withinnamed Court,at on the day of 20 at M. Dated: COMPLIANCE PURSUANT TO 22 NYCRR 4 130-1.1-a To the best of the undersigned'sknowledge, informationand beliefformed Yours, etc. afteran inquiryreasonableunder the within the circumstances, document(s) Robert Young & Associates and contentionscontainedherein are not frivolousas defmed in 22 N CRR Attorney(s)for § 130-1.1-a. Office and PostAddress 2284 BABYLON TUlthPIKE / MERRICK, NY 11566 MARK A JfS Q (516) 826-8938 ROBE . OUNG & ASSOCIATES, P.C. (516) 826-4456 To Attorney(s)for