Preview
FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023
PLEADINGS
FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/06/201
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
L'ETOILE ROYALE, INC.,
Plaintiff, Index No.:
Date Filed:
-against-
SUMMONS
CAMPUSTAR (U.S.A.), INC. and
DOUGLAS ELLIMAN PROPERTY
MANAGEMENT,
Defendants. Plaintiff designates
New York County as the
place of trial;
The basis of the venue is the
County where Plaintiff maintains its
principal place of business
To the above named Defendant(s)
You are hereby summoned to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiffs Attorney(s) within 20 days after the service ofthis summons, exclusive
of the day of service (or within 30 days after the service is complete if this summons is not
personally delivered to you within the State of New York); and in case of your failure to appear or
answer, judgment will be taken against you by default for the relief demanded in the complaint.
Dated: New York, New York
August 4, 2015 Yours.
Brett M. Grossman
GROSSMAN & GROSSMAN, P.C.
Attorneys for Plaintiffs
360 Lexington Avenue - 12d' floor
New York, New York 10017
(212) 616-8177
FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023
To:
CAMPUSTAR (U.S.A.), INC.,
c/o Douglas Elliman Property Management
6th -
675 Third Avenue, Floor Compliance Department
New York, NY 10017
DOUGLAS ELLIMAN PROPERTY MANAGEMENT
6'" -
675 Third Avenue, Floor Compliance Department
New York, NY 100F
FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
L ˆTOILE ROYALE, INC..
Plaintiff,
VERIFIED COMPLAINT
-against-
CAMPUSTAR (U.S.A.), INC. and
DOUGLAS ELLIMAN PROPERTY
MANAGEMENT,
Defendants.
Plaintiff, by its attorneys, GROSSMAN & GROSSMAN, P.C., as and for its Verified
Complaint, respectfully allege as follows:
1. That at all times herein mentioned, the plaintiff, L ˆTOILE ROYALE, INC.,
was and is a domestic corporation duly organized and existing under the Laws of the State of New
York.
2. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.),
INC., was and is a foreign corporation doing business in the State ofNew York. pursuant to the Laws
of the State of New York.
3. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN
PROPERTY MANAGEMENT, was and is a domestic corporation duly organized and existing under
the Laws of the State of New York.
4. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN
PROPERTY MANAGEMENT, was and is a foreign corporation doing business in the State ofNew
York, pursuant to the Laws of the State of New York.
FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023
5. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.),
INC., owned the building with the address 784 Madison Avenue and 790 Madison Avenue, in the
County ofNew York, City and State of New York, and more specifically the building's steam pipes
and valves in the building's basement which controlled the building's steam pipes.
6. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.).
INC., its agents, servants and or employees operated the building with the address 784 Madison
Avenue and 790 Madison Avenue, in the County of New York, City and State of New York, and
more specifically the building's steam pipes and valves in the building's basement which controlled
the building's steam pipes.
7. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.),
INC.. its agents, servants and or employees managed the building with the address 784 Madison
Avenue and 790 Madison Avenue, in the County of New York, City and State of New York. and
more specifically the building's steam pipes and valves in the building's basement which controlled
the building's steam pipes.
8. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.)
INC., its agents, servants and or employees maintained the building with the address 784 Madison
Avenue and 790 Madison Avenue, in the County of New York, City and State of New York, and
more specifically the building's steam pipes and valves in the building's basement which controlled
the building's steam pipes.
9. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.).
INC., its agents, servants and or employees controlled the building with the address 784 Madison
Avenue and 790 Madison Avenue, in the County of New York, City and State of New York, and
FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023
more specifically the building's steam pipes and valves in the building's basement which controlled
the building's steam pipes.
10. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN
PROPERTY MANAGEMENT, its agents, servants and or employees operated the building with the
address 784 Madison Avenue and 790 Madison Avenue, in the County ofNew York, City and State
of New York, and more specifically the building's steam pipes and valves in the building's basement
which controlled the building's steam pipes.
11. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN
PROPERTY MANAGEMENT, its agents, servants and or employees managed the building with the
address 784 Madison Avenue and 790 Madison Avenue, in the County ofNew York, City and State
ofNew York, and more specifically the building's steam pipes and valves in the building's basement
which controlled the building's steam pipes.
12. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN
PROPERTY MANAGEMENT, its agents, servants and or employees maintained the building with
the address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and
State of New York, and more specifically the building's steam pipes and valves in the building's
basement which controlled the building's steam pipes.
13. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN
PROPERTY MANAGEMENT, its agents, servants and or employees controlled the building with
the address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and
State of New York, and more specifically the building's steam pipes and valves in the building's
basement which controlled the building's steam pipes.
FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023
14. That at all times herein mentioned, the plaintiff, L ˆTOILE ROYALE, INC.,
was and is a tenant with a valid lease that began on August 1, 2009, in the building with the address
784 Madison Avenue and 790 Madison Avenue, New York, NY.
15. That at all times herein mentioned, the plaintiff, I 'ETOILE ROYALE, INC.,
owned and operated a jewelry store on the ground floor of the building with the address 784 Madison
Avenue and 790 Madison Avenue, New York, NY.
16. That at all times herein mentioned, the plaintiff, L ˆTOILE ROYALE, INC.,
owÄ1ed personal property, fixtures and goods of value, which it displayed and kept in the jewelry
store at that location on the ground floor of the building with the address 784 Madison Avenue and
790 Madison Avenue, New York, NY., including but not limited to artwork.
17. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.),
INC., its agents, servants and or employees, owned and or operated and or managed and or
maintained and or controlled the steam pipes which were connected to and carried steam to the
L'ETOILE ROYALE, INC. space on the ground floor of the building with the address 784 Madison
Avenue and 790 Madison Avenue, in the County of New York, City and State of New York.
18. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN
PROPERTY MANAGEMENT, its agents, servants and or employees, owned and or operated and or
managed and or maintained and or controlled the steam pipes which were connected to and carried
steam to the L ˆTOILE ROYALE, INC. space on the ground floor of the building with the address
784 Madison Avenue and 790 Madison Avenue. in the County of New York, City and State of New
York.
19. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.).
FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023
INC., its agents, servants and or employees, owned and or operated and or managed and or
maintained and or controlled the valve in the basement which controlled the steam pipe or pipes that
carried steam to the L'ETOILE ROY ALE, INC. space on the ground floor of the building with the
address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and State
of New York.
20. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN
PROPERTY MANAGEMENT, its agents, servants and or employees, owned and or operated and or
managed and or maintained and or controlled the valve in the basement which controlled the steam
pipe or pipes that carried steam to the L ˆTOILE ROYALE, INC. space on the ground floor of the
building with the address 784 Madison Avenue and 790 Madison Avenue, in the County of New
York, City and State of New York.
21. That upon information and belief, on a day or days between December 21,
2014 and January 20, 2015, the defendant CAMPUSTAR (U.S.A.), INC., its agents, servants, and or
employees, negligently and carelessly turned on the valve in the basement which controlled the steam
pipe or pipes that carried steam to the L ˆTOILE ROYALE, INC. space, in the building with the
address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and State
of New York, causing steam to enter the L ˆTOILE ROYALE, INC. space and permeate that space
which damaged the personal property of L'ETOILE ROYALE, INC.
22. That upon information and belief, on a day or days between December 2 1,
2014 and January 20, 2015, the defendant DOUGLAS ELLIMAN PROPERTY MANAGEMENT.
its agents, servants, and or employees, negligently and carelessly turned on the valve in the basement
which controlled the steam pipe or pipes that carried steam to the L ˆTOILE ROYALE, INC. space,
in the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County of
FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023
New York, City and State of New York, causing steam to enter the L ˆTOILE ROYALE, INC. space
and permeate that space, which damaged the personal property of L ˆTOILE ROY ALE. INC.
23. That upon information and belief, on a day or days between December 21,
2014 and January 20, 2015, the defendant CAMPUSTAR (U.S.A.), INC., its agents, servants. and or
employees, negligently caused or permitted the valve in the basement which controlled the steam
pipe or pipes that carried steam to the L'ETOILE ROYALE, INC. space, in the building with the
address 784 Madison Avenue and 790 Madison Avenue, in the County ofNew York, City and State
of New York. to break or remain broken. and or negligently and carelessly failed and omitted to
safeguard, secure, supervise and or inspect the same, thereby causing and or permitting a steam leak
into the L'ETOILE ROYALE, INC. space, which damaged the personal property of L'ETOILE
ROYALE INC.
24. That upon information and belief, on a day or days between December 21,
2014 and January 20, 2015, the defendant DOUGLAS ELLIMAN PROPERTY MANAGEMENT.
its agents, servants, and or employees. negligently caused or permitted the valve in the basement
which controlled the steam pipe or pipes that carried steam to the L'ETOILE ROYALE, INC. space,
in the building with the address 784 Madison Avenue and 790 Madison Avenue. in the County of
New York. City and State of New York, to break or remain broken, and or negligently and carelessly
failed and omitted to safeguard, secure, supervise and or inspect the same, thereby causing and or
permitting a steam leak into the L'ETOILE ROYALE, INC. space, which damaged the personal
property of L'ETOILE ROYALE, INC.
25. That upon information and belief, on a day or days between December 21,
2014 and January 20, 2015, the defendant CAMPUSTAR (U.S.A.), INC., its agents, servants. and or
employees. negligently caused or permitted the steam pipe or pipes that carried steam to the
FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023
L'ETOILE ROYALE, INC. space, in the building with the address 784 Madison Avenue and 790
Madison Avenue, in the County of New York, City and State of New York. to break or remain
broken, and or negligently and carelessly failed and omitted to safeguard, secure, supervise and or
inspect the same, thereby causing and or permitting a steam leak into the L ˆTOILE ROYALE, INC.
space, which damaged the personal property of L'ETOILE ROYALE, INC.
26. That upon information and belief, on a day or days between December 21,
2014 and January 20, 2015, the defendant DOUGLAS ELLIMAN PROPERTY MANAGEMENT,
its agents, servants, and or employees, negligently caused or permitted the steam pipe or pipes that
carried steam to the L'ETOILE ROY ALE, INC. space, in the building with the address 784 Madison
Avenue and 790 Madison Avenue, in the County of New York, City and State ofNew York. to break
or remain broken, and or negligently and carelessly failed and omitted to safeguard, secure, supervise
and or inspect the same, thereby causing and or permitting a steam leak into the L ˆTOILE
ROY ALE, INC. space, which damaged the personal property of L ˆTOILE ROYALE. INC.
27. That the damage to plaintiff's personal property was caused solely and wholly
as a result of the negligence of the defendants, their agents, servants, and or employees, without any
negligence on the part of the plaintiff contributing thereto.
28. That the defendants, through their agents, servants, and or employees, failed
to remedy the conditions wrongly created by it, or to remove the dangerous and defective condition,
or to warn individuals of the dangerous condition it had created and or allowed to remain, including
the nlaintiff
29. That the defendants owed a duty to plaintiff to exercise reasonable care in
maintaining the valve and pipes which carried steam to plaintiff's space, in a reasonable and safe
condition
FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023
30. That the defendants breached their of reasonable care owed to the
duty
oiaintiff.
31. That the defendants, through their agents, servants, and or employees, had
actual knowledge and notice of the dangerous conditions complained ofherein, and allowed same to
exist.
32. That the defendants, through their agents, servants, and or employees, had
constructive notice of the dangerous conditions complained of herein, and allowed same to exist.
33. That by reason ofthe foregoing and ofthe wrongful, unlawful, and negligent
defendants'
acts and/or omissions on the part of the defendants, as aforesaid, and breach or breaches,
the personal property of plaintiff L ˆTOILE ROYALE, INC. was damaged.in an amount which
exceeds the jurisdiction of all courts lower than the Supreme Court.
WHEREFORE, plaintiff L ˆTOILE ROYALE, INC. demands judgment against the
defendant, CAMPUSTAR (U.S.A.), INC. and DOUGLAS ELLIMAN PROPERTY
MANAGEMENT, jointly and severally, in the sum which exceeds the jurisdictional limits of all
lower courts, together with interest, costs and disbursements of this action.
Dated: New York, New York
August 4, 2015 Yours,
Brett M. Grossman
GROSSMAN & GROSSMAN. P.C.
Attorneys for Plaintiffs
12"'
360 Lexington Avenue - floor
New York, New York 10017
°""
(212) 6I6
FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023
INDIVIDUAL VERIFICATION
State of New York )
County ofNew York ss.:
Garbas Dogramaciyan, on behalf of
L'Etoile Royale being duly sworn, deposes and says that f am the PlaintifT in this action and that I
have cead the annexed Complaint and know the contents thereof the e true to
my knowledge, except as to those matters therein stated to be alleged on infor ti a belief,
and as to those matters, I believe them to be true.
Garb$s Dogramac
Sworn to this 7 day
of ½ _, 20
Brett M. Grossman
Notary Public, State of New York
No. OlGR6108941
Qualified in New York County
Commission Expires April 19, 200
FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
L'ETOILE ROYALE, INC.,
Plaintiff
-against-
CAMPUSTAR (U.S.A.).. INC. and
DOUGLAS ELLIMAN PROPERTY
MANAGEMENT,
Defendants
SUMMONS AND VERIFIED COMPLAINT
Signature (Rule 130.1.1.a)
Brett M. Grossm
Grossman and Grossman, P.C.
Attorneys for Plaintiff
12"
360 Lexington Avenue, Floor
New York, New York 10017
(212) 616-8177
FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015
coor out. Nu- 0 RECEIVED NYSCEF: 10/22/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023
P014262501
KPF/cj
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------x Index No. 158143/2015
L'ETOILE ROYALE, INC..
Plaintiff ANSWER,
Preview
FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023 PLEADINGS FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/06/201 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK L'ETOILE ROYALE, INC., Plaintiff, Index No.: Date Filed: -against- SUMMONS CAMPUSTAR (U.S.A.), INC. and DOUGLAS ELLIMAN PROPERTY MANAGEMENT, Defendants. Plaintiff designates New York County as the place of trial; The basis of the venue is the County where Plaintiff maintains its principal place of business To the above named Defendant(s) You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs Attorney(s) within 20 days after the service ofthis summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York August 4, 2015 Yours. Brett M. Grossman GROSSMAN & GROSSMAN, P.C. Attorneys for Plaintiffs 360 Lexington Avenue - 12d' floor New York, New York 10017 (212) 616-8177 FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023 To: CAMPUSTAR (U.S.A.), INC., c/o Douglas Elliman Property Management 6th - 675 Third Avenue, Floor Compliance Department New York, NY 10017 DOUGLAS ELLIMAN PROPERTY MANAGEMENT 6'" - 675 Third Avenue, Floor Compliance Department New York, NY 100F FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK L ˆTOILE ROYALE, INC.. Plaintiff, VERIFIED COMPLAINT -against- CAMPUSTAR (U.S.A.), INC. and DOUGLAS ELLIMAN PROPERTY MANAGEMENT, Defendants. Plaintiff, by its attorneys, GROSSMAN & GROSSMAN, P.C., as and for its Verified Complaint, respectfully allege as follows: 1. That at all times herein mentioned, the plaintiff, L ˆTOILE ROYALE, INC., was and is a domestic corporation duly organized and existing under the Laws of the State of New York. 2. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.), INC., was and is a foreign corporation doing business in the State ofNew York. pursuant to the Laws of the State of New York. 3. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN PROPERTY MANAGEMENT, was and is a domestic corporation duly organized and existing under the Laws of the State of New York. 4. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN PROPERTY MANAGEMENT, was and is a foreign corporation doing business in the State ofNew York, pursuant to the Laws of the State of New York. FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023 5. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.), INC., owned the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County ofNew York, City and State of New York, and more specifically the building's steam pipes and valves in the building's basement which controlled the building's steam pipes. 6. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.). INC., its agents, servants and or employees operated the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and State of New York, and more specifically the building's steam pipes and valves in the building's basement which controlled the building's steam pipes. 7. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.), INC.. its agents, servants and or employees managed the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and State of New York. and more specifically the building's steam pipes and valves in the building's basement which controlled the building's steam pipes. 8. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.) INC., its agents, servants and or employees maintained the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and State of New York, and more specifically the building's steam pipes and valves in the building's basement which controlled the building's steam pipes. 9. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.). INC., its agents, servants and or employees controlled the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and State of New York, and FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023 more specifically the building's steam pipes and valves in the building's basement which controlled the building's steam pipes. 10. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN PROPERTY MANAGEMENT, its agents, servants and or employees operated the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County ofNew York, City and State of New York, and more specifically the building's steam pipes and valves in the building's basement which controlled the building's steam pipes. 11. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN PROPERTY MANAGEMENT, its agents, servants and or employees managed the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County ofNew York, City and State ofNew York, and more specifically the building's steam pipes and valves in the building's basement which controlled the building's steam pipes. 12. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN PROPERTY MANAGEMENT, its agents, servants and or employees maintained the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and State of New York, and more specifically the building's steam pipes and valves in the building's basement which controlled the building's steam pipes. 13. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN PROPERTY MANAGEMENT, its agents, servants and or employees controlled the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and State of New York, and more specifically the building's steam pipes and valves in the building's basement which controlled the building's steam pipes. FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023 14. That at all times herein mentioned, the plaintiff, L ˆTOILE ROYALE, INC., was and is a tenant with a valid lease that began on August 1, 2009, in the building with the address 784 Madison Avenue and 790 Madison Avenue, New York, NY. 15. That at all times herein mentioned, the plaintiff, I 'ETOILE ROYALE, INC., owned and operated a jewelry store on the ground floor of the building with the address 784 Madison Avenue and 790 Madison Avenue, New York, NY. 16. That at all times herein mentioned, the plaintiff, L ˆTOILE ROYALE, INC., owÄ1ed personal property, fixtures and goods of value, which it displayed and kept in the jewelry store at that location on the ground floor of the building with the address 784 Madison Avenue and 790 Madison Avenue, New York, NY., including but not limited to artwork. 17. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.), INC., its agents, servants and or employees, owned and or operated and or managed and or maintained and or controlled the steam pipes which were connected to and carried steam to the L'ETOILE ROYALE, INC. space on the ground floor of the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and State of New York. 18. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN PROPERTY MANAGEMENT, its agents, servants and or employees, owned and or operated and or managed and or maintained and or controlled the steam pipes which were connected to and carried steam to the L ˆTOILE ROYALE, INC. space on the ground floor of the building with the address 784 Madison Avenue and 790 Madison Avenue. in the County of New York, City and State of New York. 19. That at all times herein mentioned, the defendant, CAMPUSTAR (U.S.A.). FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023 INC., its agents, servants and or employees, owned and or operated and or managed and or maintained and or controlled the valve in the basement which controlled the steam pipe or pipes that carried steam to the L'ETOILE ROY ALE, INC. space on the ground floor of the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and State of New York. 20. That at all times herein mentioned, the defendant, DOUGLAS ELLIMAN PROPERTY MANAGEMENT, its agents, servants and or employees, owned and or operated and or managed and or maintained and or controlled the valve in the basement which controlled the steam pipe or pipes that carried steam to the L ˆTOILE ROYALE, INC. space on the ground floor of the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and State of New York. 21. That upon information and belief, on a day or days between December 21, 2014 and January 20, 2015, the defendant CAMPUSTAR (U.S.A.), INC., its agents, servants, and or employees, negligently and carelessly turned on the valve in the basement which controlled the steam pipe or pipes that carried steam to the L ˆTOILE ROYALE, INC. space, in the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and State of New York, causing steam to enter the L ˆTOILE ROYALE, INC. space and permeate that space which damaged the personal property of L'ETOILE ROYALE, INC. 22. That upon information and belief, on a day or days between December 2 1, 2014 and January 20, 2015, the defendant DOUGLAS ELLIMAN PROPERTY MANAGEMENT. its agents, servants, and or employees, negligently and carelessly turned on the valve in the basement which controlled the steam pipe or pipes that carried steam to the L ˆTOILE ROYALE, INC. space, in the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County of FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023 New York, City and State of New York, causing steam to enter the L ˆTOILE ROYALE, INC. space and permeate that space, which damaged the personal property of L ˆTOILE ROY ALE. INC. 23. That upon information and belief, on a day or days between December 21, 2014 and January 20, 2015, the defendant CAMPUSTAR (U.S.A.), INC., its agents, servants. and or employees, negligently caused or permitted the valve in the basement which controlled the steam pipe or pipes that carried steam to the L'ETOILE ROYALE, INC. space, in the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County ofNew York, City and State of New York. to break or remain broken. and or negligently and carelessly failed and omitted to safeguard, secure, supervise and or inspect the same, thereby causing and or permitting a steam leak into the L'ETOILE ROYALE, INC. space, which damaged the personal property of L'ETOILE ROYALE INC. 24. That upon information and belief, on a day or days between December 21, 2014 and January 20, 2015, the defendant DOUGLAS ELLIMAN PROPERTY MANAGEMENT. its agents, servants, and or employees. negligently caused or permitted the valve in the basement which controlled the steam pipe or pipes that carried steam to the L'ETOILE ROYALE, INC. space, in the building with the address 784 Madison Avenue and 790 Madison Avenue. in the County of New York. City and State of New York, to break or remain broken, and or negligently and carelessly failed and omitted to safeguard, secure, supervise and or inspect the same, thereby causing and or permitting a steam leak into the L'ETOILE ROYALE, INC. space, which damaged the personal property of L'ETOILE ROYALE, INC. 25. That upon information and belief, on a day or days between December 21, 2014 and January 20, 2015, the defendant CAMPUSTAR (U.S.A.), INC., its agents, servants. and or employees. negligently caused or permitted the steam pipe or pipes that carried steam to the FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023 L'ETOILE ROYALE, INC. space, in the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and State of New York. to break or remain broken, and or negligently and carelessly failed and omitted to safeguard, secure, supervise and or inspect the same, thereby causing and or permitting a steam leak into the L ˆTOILE ROYALE, INC. space, which damaged the personal property of L'ETOILE ROYALE, INC. 26. That upon information and belief, on a day or days between December 21, 2014 and January 20, 2015, the defendant DOUGLAS ELLIMAN PROPERTY MANAGEMENT, its agents, servants, and or employees, negligently caused or permitted the steam pipe or pipes that carried steam to the L'ETOILE ROY ALE, INC. space, in the building with the address 784 Madison Avenue and 790 Madison Avenue, in the County of New York, City and State ofNew York. to break or remain broken, and or negligently and carelessly failed and omitted to safeguard, secure, supervise and or inspect the same, thereby causing and or permitting a steam leak into the L ˆTOILE ROY ALE, INC. space, which damaged the personal property of L ˆTOILE ROYALE. INC. 27. That the damage to plaintiff's personal property was caused solely and wholly as a result of the negligence of the defendants, their agents, servants, and or employees, without any negligence on the part of the plaintiff contributing thereto. 28. That the defendants, through their agents, servants, and or employees, failed to remedy the conditions wrongly created by it, or to remove the dangerous and defective condition, or to warn individuals of the dangerous condition it had created and or allowed to remain, including the nlaintiff 29. That the defendants owed a duty to plaintiff to exercise reasonable care in maintaining the valve and pipes which carried steam to plaintiff's space, in a reasonable and safe condition FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023 30. That the defendants breached their of reasonable care owed to the duty oiaintiff. 31. That the defendants, through their agents, servants, and or employees, had actual knowledge and notice of the dangerous conditions complained ofherein, and allowed same to exist. 32. That the defendants, through their agents, servants, and or employees, had constructive notice of the dangerous conditions complained of herein, and allowed same to exist. 33. That by reason ofthe foregoing and ofthe wrongful, unlawful, and negligent defendants' acts and/or omissions on the part of the defendants, as aforesaid, and breach or breaches, the personal property of plaintiff L ˆTOILE ROYALE, INC. was damaged.in an amount which exceeds the jurisdiction of all courts lower than the Supreme Court. WHEREFORE, plaintiff L ˆTOILE ROYALE, INC. demands judgment against the defendant, CAMPUSTAR (U.S.A.), INC. and DOUGLAS ELLIMAN PROPERTY MANAGEMENT, jointly and severally, in the sum which exceeds the jurisdictional limits of all lower courts, together with interest, costs and disbursements of this action. Dated: New York, New York August 4, 2015 Yours, Brett M. Grossman GROSSMAN & GROSSMAN. P.C. Attorneys for Plaintiffs 12"' 360 Lexington Avenue - floor New York, New York 10017 °"" (212) 6I6 FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023 INDIVIDUAL VERIFICATION State of New York ) County ofNew York ss.: Garbas Dogramaciyan, on behalf of L'Etoile Royale being duly sworn, deposes and says that f am the PlaintifT in this action and that I have cead the annexed Complaint and know the contents thereof the e true to my knowledge, except as to those matters therein stated to be alleged on infor ti a belief, and as to those matters, I believe them to be true. Garb$s Dogramac Sworn to this 7 day of ½ _, 20 Brett M. Grossman Notary Public, State of New York No. OlGR6108941 Qualified in New York County Commission Expires April 19, 200 FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK L'ETOILE ROYALE, INC., Plaintiff -against- CAMPUSTAR (U.S.A.).. INC. and DOUGLAS ELLIMAN PROPERTY MANAGEMENT, Defendants SUMMONS AND VERIFIED COMPLAINT Signature (Rule 130.1.1.a) Brett M. Grossm Grossman and Grossman, P.C. Attorneys for Plaintiff 12" 360 Lexington Avenue, Floor New York, New York 10017 (212) 616-8177 FILED: NEW YORK COUNTY CLERK 01/11/2023 11:52 AM INDEX NO. 158143/2015 coor out. Nu- 0 RECEIVED NYSCEF: 10/22/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 01/11/2023 P014262501 KPF/cj SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------x Index No. 158143/2015 L'ETOILE ROYALE, INC.. Plaintiff ANSWER,