Preview
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 10:56 AM INDEX NO. 56706/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
WESTCHESTER COUNTY
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Index No.:
SUSAN SULLIVAN,
SUMMONS
Plaintiff(s), Plaintiff designates
WESTCHESTER COUNTY as
v. the place of trial.
The basis of venue is:
PETSMART LLC, Defendant’s County of Residence,
pursuant to CPLR § 503.
Defendant(s).
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TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff's attorneys an
answer to the complaint in this action within twenty (20) days after the service of this summons,
exclusive of the day of service, or within thirty (30) days after service is complete if this
summons is not personally delivered to you within the State of New York. In case of your failure
to answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: New York, New York
February 10, 2023
MORGAN & MORGAN NY, PLLC
___________________________
By: Gamaliel B. Delgado, Esq.
Attorneys for Plaintiff
350 Fifth Avenue, Suite 6705
New York, NY 10118
(212) 738-6299
gdelgado@forthepeople.com
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SERVICE LIST
VIA NY SECRETARY OF STATE/PERSONAL SERVICE
PETSMART LLC
C/O CORPORATE CREATIONS NETWORK INC.
600 Mamaroneck Avenue, Suite 400
Harrison, NY 10528
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SUPREME COURT OF THE STATE OF NEW YORK
WESTCHESTER COUNTY
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Index No.:
SUSAN SULLIVAN,
VERIFIED COMPLAINT
Plaintiff(s),
v.
PETSMART LLC,
Defendant(s).
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Plaintiff, SUSAN SULLIVAN, by their Attorneys MORGAN & MORGAN NY, PLLC,
as and for their Complaint against the Defendant, alleges, upon information and belief:
1. At all relevant times herein, Plaintiff, SUSAN SULLIVAN, was and still is a
resident of Suffolk County, City and State of New York.
2. At all relevant times herein, Defendant, PETSMART LLC, was and still is a
foreign corporation that has duly filed its application for authority with the New York
Department of State, designating Westchester County as the location of its principal office in the
State.
3. At all relevant times herein, Defendant, PETSMART LLC, regularly conducted,
or solicited, business in the State of New York, and derived substantial revenue therefrom.
4. At all relevant times herein, Defendant, Defendant, PETSMART LLC, expected
or should reasonably have expected the acts complained of herein to have consequences in the
State of New York.
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5. At all relevant times herein, the location that gave rise to this accident which
occurred on November 14, 2021, was and is the premises commonly known PetSmart Nesconset,
located at 3050 Middle Country Road, Suffolk County (Nesconset), State of New York.
6. At all relevant times herein, Defendant operated a business that was open to
and/or invited members of the public to be its patrons.
7. At all relevant times herein, the Plaintiff was a lawful invitee and patron at said
location.
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFF
8. At all relevant times herein, Defendant, PETSMART LLC, owned certain lands
and/or premises at the aforementioned location.
9. At all relevant times herein, Defendant, PETSMART LLC, leased certain lands
and/or premises at the aforementioned location.
10. At all relevant times herein, Defendant, PETSMART LLC, by their agents,
servants, and/or employees operated the store premises at the aforementioned location.
11. At all relevant times herein, Defendant, PETSMART LLC, by their agents,
servants, and/or employees managed the aisles and walkways located within the store premises at
the aforementioned location.
12. At all relevant times herein, Defendant, PETSMART LLC, by their its agents,
servants, and/or employees maintained the aisles and walkways located within the store premises
at the aforementioned location.
13. At all relevant times herein, Defendant, PETSMART LLC, by their agents,
servants, and/or employees inspected the aisles and walkways located within the store premises
at the aforementioned location.
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14. At all relevant times herein, Defendant, PETSMART LLC, by their its agents,
servants, and/or employees cleaned the aisles and walkways located within the store premises at
the aforementioned location.
15. At all relevant times herein, Defendant, PETSMART LLC, by their agents,
servants, and/or employees controlled the store premises at the aforementioned location.
16. At all relevant times herein, Defendant, PETSMART LLC, through its acts and/or
omissions negligently, carelessly, inadequately and/or improperly inspected and/or failed to
inspect the aisles and walkways within the store premises at the aforementioned location.
17. At all relevant times herein, Defendant, PETSMART LLC, through its acts and/or
omissions inadequately and/or improperly owned, operated, managed, maintained and controlled
the aisles and walkways within the store premises at the aforementioned location.
18. On November 14, 2021, as Plaintiff SUSAN SULLIVAN was lawfully traveling
in and upon the premises commonly known PetSmart Nesconset, located at 3050 Middle
Country Road, Suffolk County (Nesconset), State of New York the Plaintiff was caused to slip,
be propelled forward and fall due to watery and slippery substances covering the floor, thereby
sustaining serious and permanent injuries, due to the sole negligence of the Defendant.
19. The Defendant, at the time of the accident, negligently caused, created, allowed
and/or permitted said location to remain in a dangerous condition, and failed to correct the
condition which constituted a trap and nuisance for patrons and invitees.
20. The Defendant had actual and constructive notice of the condition on the day of
the accident. The Defendant knew or should have known of said dangerous condition and should
have taken action to correct said condition.
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21. The Defendant knew or should have known the dangerous condition of watery
and slippery substances covering the floor at the aforesaid location would cause harm to lawful
patrons and invitees.
22. At all times herein relevant, the Defendant were under a duty to keep the store
premises including the aforementioned aisles and walkways in a safe, proper and secured
manner, clean and free from obstructions, and/or slippery substances and dangerous conditions.
23. That as a result of the foregoing, the Plaintiff was caused to and did sustain severe
and serious injuries, was required to seek and obtain medical care and attention in an effort to
cure and alleviate same, and, upon information and belief will be compelled to do so in the
future.
24. The foregoing incident and resulting serious injuries occurred as a direct result of
the negligence and/or carelessness of the Defendant, their employees, agents, servants, and/or
staff, without any negligence attributable in any measure to the Plaintiff.
25. As a result of the said negligence and/or carelessness of the Defendant, their
employees, agents, servants, and/or staff, the Plaintiff was seriously injured and has suffered
damages in an amount which excess the monetary jurisdictional limits of all lower New York
State Courts that would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFF
26. The Plaintiff repeats and re-alleges each and every allegation contained in
Paragraphs “1” through “24”, as though fully set forth herein.
27. The Defendant’s conduct as earlier described was negligent and careless in:
(a) Failing to take proper precautions for the safety and wellbeing of the Plaintiff;
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(b) Failing to properly engage in the hiring, screening, training, and supervision of
their employees and maintenance staff;
(c) Failing to adopt appropriate maintenance, inspection, and cleaning procedures for
the protection of patrons, guests and invitees;
(d) Conducting improper/inadequate mopping, waxing, and or cleaning at said
location.
28. The Defendant should have known that their failure in such regards would cause
harm.
29. As a direct consequence and result of the acts and/or omissions of the Defendant,
their employees, agents, servants, and/or staff, the Plaintiff was seriously injured and has
suffered damages in an amount which excess the monetary jurisdictional limits of all lower New
York State Courts that would otherwise have jurisdiction.
WHEREFORE, the Plaintiff, SUSAN SULLIVAN, demands judgment against the
Defendant, PETSMART LLC, on the First and Second Count, in a sum exceeding the
jurisdictional limits of all lower courts, together with interest, costs, disbursements, attorney fees
in this action, and such other and further relief as the Court may deem just, proper, and equitable.
Dated: New York, New York
February 10, 2023
MORGAN & MORGAN NY, PLLC
___________________________
By: Gamaliel B. Delgado, Esq.
Attorneys for Plaintiff
350 Fifth Avenue, Suite 6705
New York, NY 10118
(212) 738-6299
gdelgado@forthepeople.com
SERVICE LIST
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PETSMART LLC
C/O CORPORATE CREATIONS NETWORK INC.
600 Mamaroneck Avenue, Suite 400
Harrison, NY 10528
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ATTORNEY VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
The undersigned affirms the following statement to be true pursuant to CPLR § 2106:
That he is an attorney with the firm of MORGAN & MORGAN NY, PLLC, Attorneys
for the Plaintiff, SUSAN SULLIVAN herein.
That he has read the foregoing SUMMONS & VERIFIED COMPLAINT and knows the
contents thereof, and, that the same is true to the knowledge of your deponent, except as to those
matters therein alleged on information and belief, and that as to those matters he believes them to
be true.
That the reason why this Verification is made by your deponent and not by the Plaintiff is
that said party resides outside the county in which your deponent maintains his office.
That the source of your deponent’s information and the grounds of his belief as to all
matters therein alleged upon information and belief is reports from and communications had with
said party.
Dated: New York, New York
February 10, 2023
______________________________
GAMALIEL B. DELGADO, ESQ.
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SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.:
WESTCHESTER COUNTY
SUSAN SULLIVAN,
Plaintiff(s),
v.
PETSMART LLC,
Defendant(s).
PLAINTIFF’S SUMMONS & VERIFIED COMPLAINT
MORGAN & MORGAN NY, PLLC
Attorneys for Plaintiff
350 Fifth Avenue, Suite 6705
New York, NY 10118
(212) 738-6299
gdelgado@forthepeople.com
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Preview
FILED: WESTCHESTER COUNTY CLERK 02/13/2023 10:56 AM INDEX NO. 56706/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT OF THE STATE OF NEW YORK WESTCHESTER COUNTY ----------------------------------------------------------------------X Index No.: SUSAN SULLIVAN, SUMMONS Plaintiff(s), Plaintiff designates WESTCHESTER COUNTY as v. the place of trial. The basis of venue is: PETSMART LLC, Defendant’s County of Residence, pursuant to CPLR § 503. Defendant(s). ----------------------------------------------------------------------X TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff's attorneys an answer to the complaint in this action within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York February 10, 2023 MORGAN & MORGAN NY, PLLC ___________________________ By: Gamaliel B. Delgado, Esq. Attorneys for Plaintiff 350 Fifth Avenue, Suite 6705 New York, NY 10118 (212) 738-6299 gdelgado@forthepeople.com 1 1 of 10 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 10:56 AM INDEX NO. 56706/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/13/2023 SERVICE LIST VIA NY SECRETARY OF STATE/PERSONAL SERVICE PETSMART LLC C/O CORPORATE CREATIONS NETWORK INC. 600 Mamaroneck Avenue, Suite 400 Harrison, NY 10528 2 2 of 10 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 10:56 AM INDEX NO. 56706/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT OF THE STATE OF NEW YORK WESTCHESTER COUNTY ----------------------------------------------------------------------X Index No.: SUSAN SULLIVAN, VERIFIED COMPLAINT Plaintiff(s), v. PETSMART LLC, Defendant(s). ----------------------------------------------------------------------X Plaintiff, SUSAN SULLIVAN, by their Attorneys MORGAN & MORGAN NY, PLLC, as and for their Complaint against the Defendant, alleges, upon information and belief: 1. At all relevant times herein, Plaintiff, SUSAN SULLIVAN, was and still is a resident of Suffolk County, City and State of New York. 2. At all relevant times herein, Defendant, PETSMART LLC, was and still is a foreign corporation that has duly filed its application for authority with the New York Department of State, designating Westchester County as the location of its principal office in the State. 3. At all relevant times herein, Defendant, PETSMART LLC, regularly conducted, or solicited, business in the State of New York, and derived substantial revenue therefrom. 4. At all relevant times herein, Defendant, Defendant, PETSMART LLC, expected or should reasonably have expected the acts complained of herein to have consequences in the State of New York. 1 3 of 10 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 10:56 AM INDEX NO. 56706/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/13/2023 5. At all relevant times herein, the location that gave rise to this accident which occurred on November 14, 2021, was and is the premises commonly known PetSmart Nesconset, located at 3050 Middle Country Road, Suffolk County (Nesconset), State of New York. 6. At all relevant times herein, Defendant operated a business that was open to and/or invited members of the public to be its patrons. 7. At all relevant times herein, the Plaintiff was a lawful invitee and patron at said location. AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF 8. At all relevant times herein, Defendant, PETSMART LLC, owned certain lands and/or premises at the aforementioned location. 9. At all relevant times herein, Defendant, PETSMART LLC, leased certain lands and/or premises at the aforementioned location. 10. At all relevant times herein, Defendant, PETSMART LLC, by their agents, servants, and/or employees operated the store premises at the aforementioned location. 11. At all relevant times herein, Defendant, PETSMART LLC, by their agents, servants, and/or employees managed the aisles and walkways located within the store premises at the aforementioned location. 12. At all relevant times herein, Defendant, PETSMART LLC, by their its agents, servants, and/or employees maintained the aisles and walkways located within the store premises at the aforementioned location. 13. At all relevant times herein, Defendant, PETSMART LLC, by their agents, servants, and/or employees inspected the aisles and walkways located within the store premises at the aforementioned location. 2 4 of 10 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 10:56 AM INDEX NO. 56706/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/13/2023 14. At all relevant times herein, Defendant, PETSMART LLC, by their its agents, servants, and/or employees cleaned the aisles and walkways located within the store premises at the aforementioned location. 15. At all relevant times herein, Defendant, PETSMART LLC, by their agents, servants, and/or employees controlled the store premises at the aforementioned location. 16. At all relevant times herein, Defendant, PETSMART LLC, through its acts and/or omissions negligently, carelessly, inadequately and/or improperly inspected and/or failed to inspect the aisles and walkways within the store premises at the aforementioned location. 17. At all relevant times herein, Defendant, PETSMART LLC, through its acts and/or omissions inadequately and/or improperly owned, operated, managed, maintained and controlled the aisles and walkways within the store premises at the aforementioned location. 18. On November 14, 2021, as Plaintiff SUSAN SULLIVAN was lawfully traveling in and upon the premises commonly known PetSmart Nesconset, located at 3050 Middle Country Road, Suffolk County (Nesconset), State of New York the Plaintiff was caused to slip, be propelled forward and fall due to watery and slippery substances covering the floor, thereby sustaining serious and permanent injuries, due to the sole negligence of the Defendant. 19. The Defendant, at the time of the accident, negligently caused, created, allowed and/or permitted said location to remain in a dangerous condition, and failed to correct the condition which constituted a trap and nuisance for patrons and invitees. 20. The Defendant had actual and constructive notice of the condition on the day of the accident. The Defendant knew or should have known of said dangerous condition and should have taken action to correct said condition. 3 5 of 10 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 10:56 AM INDEX NO. 56706/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/13/2023 21. The Defendant knew or should have known the dangerous condition of watery and slippery substances covering the floor at the aforesaid location would cause harm to lawful patrons and invitees. 22. At all times herein relevant, the Defendant were under a duty to keep the store premises including the aforementioned aisles and walkways in a safe, proper and secured manner, clean and free from obstructions, and/or slippery substances and dangerous conditions. 23. That as a result of the foregoing, the Plaintiff was caused to and did sustain severe and serious injuries, was required to seek and obtain medical care and attention in an effort to cure and alleviate same, and, upon information and belief will be compelled to do so in the future. 24. The foregoing incident and resulting serious injuries occurred as a direct result of the negligence and/or carelessness of the Defendant, their employees, agents, servants, and/or staff, without any negligence attributable in any measure to the Plaintiff. 25. As a result of the said negligence and/or carelessness of the Defendant, their employees, agents, servants, and/or staff, the Plaintiff was seriously injured and has suffered damages in an amount which excess the monetary jurisdictional limits of all lower New York State Courts that would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF 26. The Plaintiff repeats and re-alleges each and every allegation contained in Paragraphs “1” through “24”, as though fully set forth herein. 27. The Defendant’s conduct as earlier described was negligent and careless in: (a) Failing to take proper precautions for the safety and wellbeing of the Plaintiff; 4 6 of 10 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 10:56 AM INDEX NO. 56706/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/13/2023 (b) Failing to properly engage in the hiring, screening, training, and supervision of their employees and maintenance staff; (c) Failing to adopt appropriate maintenance, inspection, and cleaning procedures for the protection of patrons, guests and invitees; (d) Conducting improper/inadequate mopping, waxing, and or cleaning at said location. 28. The Defendant should have known that their failure in such regards would cause harm. 29. As a direct consequence and result of the acts and/or omissions of the Defendant, their employees, agents, servants, and/or staff, the Plaintiff was seriously injured and has suffered damages in an amount which excess the monetary jurisdictional limits of all lower New York State Courts that would otherwise have jurisdiction. WHEREFORE, the Plaintiff, SUSAN SULLIVAN, demands judgment against the Defendant, PETSMART LLC, on the First and Second Count, in a sum exceeding the jurisdictional limits of all lower courts, together with interest, costs, disbursements, attorney fees in this action, and such other and further relief as the Court may deem just, proper, and equitable. Dated: New York, New York February 10, 2023 MORGAN & MORGAN NY, PLLC ___________________________ By: Gamaliel B. Delgado, Esq. Attorneys for Plaintiff 350 Fifth Avenue, Suite 6705 New York, NY 10118 (212) 738-6299 gdelgado@forthepeople.com SERVICE LIST 5 7 of 10 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 10:56 AM INDEX NO. 56706/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/13/2023 PETSMART LLC C/O CORPORATE CREATIONS NETWORK INC. 600 Mamaroneck Avenue, Suite 400 Harrison, NY 10528 6 8 of 10 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 10:56 AM INDEX NO. 56706/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/13/2023 ATTORNEY VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) The undersigned affirms the following statement to be true pursuant to CPLR § 2106: That he is an attorney with the firm of MORGAN & MORGAN NY, PLLC, Attorneys for the Plaintiff, SUSAN SULLIVAN herein. That he has read the foregoing SUMMONS & VERIFIED COMPLAINT and knows the contents thereof, and, that the same is true to the knowledge of your deponent, except as to those matters therein alleged on information and belief, and that as to those matters he believes them to be true. That the reason why this Verification is made by your deponent and not by the Plaintiff is that said party resides outside the county in which your deponent maintains his office. That the source of your deponent’s information and the grounds of his belief as to all matters therein alleged upon information and belief is reports from and communications had with said party. Dated: New York, New York February 10, 2023 ______________________________ GAMALIEL B. DELGADO, ESQ. 9 of 10 FILED: WESTCHESTER COUNTY CLERK 02/13/2023 10:56 AM INDEX NO. 56706/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/13/2023 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.: WESTCHESTER COUNTY SUSAN SULLIVAN, Plaintiff(s), v. PETSMART LLC, Defendant(s). PLAINTIFF’S SUMMONS & VERIFIED COMPLAINT MORGAN & MORGAN NY, PLLC Attorneys for Plaintiff 350 Fifth Avenue, Suite 6705 New York, NY 10118 (212) 738-6299 gdelgado@forthepeople.com 10 of 10