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FILED: SUFFOLK COUNTY CLERK 02/14/2023 03:35 PM INDEX NO. 603197/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/14/2023
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SUPREME COURT OFTHE STATE OF NEW YORK
COUNTY OF NEW YORK
X
MELINDA ANKUM, Index No.: 603197 -21
Plaintiff.
STIPULATION TO
AMEND SUMMONS
- against - AND COMPLAINT
FAIRFIEI-D VILLAGE AT CORAM, LLC,
Defendant.
X
PAIRFIELD VILLACE AT CORAM, LLC,
-Ihird
Party Plaintiff,
- against -
LAWN RAIDERS,INC.,
Third Paity Def'endant.
X
IT IS HEREBY STIPULATED, CONSFINTED T() AND AGREED, by ancl between
the attorneys for the respective parties hereto, that the caption of this action shall be arnended to
include additional defendant, LAWN RAIDERS, INC., and shall lead as follows:
SUPRT]ME COURT OIJ THE STATE OF NEW YORK
COUNTY OFSUFFOLK
x
MET,INDA ANKUM,
Plaintiff,
against -
FAIRFIELD VILLAGE AT CORAM, LLC, aNd
LAWN RAIDERS,INC.
Det'endants.
x
I
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FAIRFIELD VILLAGE AT CORAM, LLC,
Third Party Plaintiff,
- against -
LAWN RAIDERS,INC,,
ThiLd Pafty Defendant.
x
Il',rc FURTHER STIPULATtrD, thar rhis Stipulation, when fully executed, shalI be
filed with the Clerk of the Clout, together with the origitlal Amended Sumrnons and Amended
Complaint attached thereto and request that the court so order the stipulation and
IT IS FT RTHER STIPULATED that once this Stipulation is so ordered, the plaintiff
will file and serve the Amended Summons and Amended Complaint as per the CPLR and
IT IS I'URTHER STIPULATtsD, that the attorneys for the defendants signing below
shall accept service of the Arnended Summons and Amended Complaint on behalf of the
FAIRFIELD VILLAGE AT CORAM, LLC, and shall serve an Answer thereto upon the
Attorneys for the Plaintiff, and
IT IS FURTHER STIPULATED, plaintiff will file and serve thc Amended
the
Summons and Amended Complaint and the oliginal proof of service upon dcfendant, LAWN
RAIDERS, INC., as per the CPLR.
DATED: HAUPPAUGE-JY
OC1Ufir IS ,202t.
PALERMO LAW. .c.
BY: STEVEN J. PALI,RMO, ESQ,
A TT'OR NE YS FOR PLA IN7'11, F
13OO VETERANS MEMORIAL IIIGI-IWAY
SUITE 320
}IAUPPAUGE, NY I I788
(63r) 26s-r0sl
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fikhc^o,l l* :1!1._V
BRODY, O',CONNOR & O',CONNOR, ESQS.
BY: MICHAEL FEINER, ESQ.
ATTORNEYS FOR DET:ENDANT" IAIRT:IELD VILLAGE AT CORAM, LLC
7 BAY VIEW AVENUE
NORTHPORT, NEW YORK I 1768
(63t) 26t-'7778
YOUR FILE NO.: GN 2l -403
SO OIIDERED 24, AZ1
)c+a Puwrtrnad, Nan'Volc
HON. CARTIIN vICTORI^ ST. CEORCE
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SUPREME COURT OF THE STATE OF NEW YORK Index No.: 603197 -21
COUNTY OF SUFFOLK
--------------------------------------------------------------------------X
MELINDA ANKUM,
Plaintiff designates SUFFOLK
Plaintiff(s), County as the place of trial.
- against - The basis of venue is:
PLAINTIFF'S RESIDENCE
FAIRFIELD VILLAGE AT CORAM, LLC, AND AMENDED
LAWN RAIDERS, INC., SUPPLEMENTAL
SUMMONS
Defendant(s). Plaintiff resides at:
1802 B RUGBY PLACE
CORAM, NY 11727
COUNTY OF SUFFOLK
--------------------------------------------------------------------------X
TO THE ABOVE NAME DEFENDANT(S)
You are hereby su,.nnuned to answer the complaint in this action, and to serve a copy of
your answer, of if the complaint is not served with this summons, to serve a notice of appearance on
the plaintiff's attorney(s) within twenty days after the services of this summons exclusive of the day
of service, where service is made by delivery upon you personally within the state, or within 30 days
after completion of service where service is made in any other manner. In case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
DATED: HAUPPAUGE, NY.
( M Def 2 . , 2021.
YOURS, ETC.,
PALE lvjQLAW, P.L.L.C.
BŸ: ST ENWALERMO, ESQ .
ATTORNEYS FOR PLAINTIFF
OFFICE & P.0 ADDRESS
1300 VETERANS MEMORIAL HIGHWAY
SUITE 320
HAUPPAUGE, NY 11788
(631) 265-1051
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DEFENDANTS:
FAIRFIELD VILLAGE AT CORAM, LLC: 538 BROADHOLLOW ROAD,
MELVILLE, NY 11743
LAWN RAIDERS, INC.: THROUGH SECRETARY OF STATE OF NEW YORK
(12 OXFORD DRIVE,
PORT JEFFERSON STATION, NY 11776)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
______________________________ .-------------------------------------X
MELINDA ANKUM, Index No.: 603197 -21
Plaintiff,
- against - AMENDED VERIFIED
COMPLAINT
FAIRFIELD VILLAGE AT CORAM, LLC, and
LAWN RAIDERS, INC.
Defendants.
______________________________________ .------------------------------X
Plaintiff herein, MELINDA ANKUM, by her attorneys, PALERMO LAW, P.L.L.C.,
complaining of the defendants, respectfully sets forth and alleges as follows:
AS AND FOR A FIRST CAUSE OF ACTION AGAINST
FAIRFIELD VILLAGE AT CORAM, LLC:
FIRST: That at all times herein mentioned, plaintiff herein was and still is an adult,
and a resident of the County of Suffolk and State of New York.
SECOND: Upon information and belief, at all times hereinafter mentioned, the
defendant, FAIRFIELD VILLAGE AT CORAM, LLC, was a domestic corporation, limited
liability company, or other entity, duly organized and existing under and by virtue of the laws of
the State of New York, on DECEMBER 18TH, 2020.
THIRD: Upon information and belief, at all times hereinafter mentioned, the
defendant, FAIRFIELD VILLAGE AT.CORAM, LLC, was a foreign corporation, limited liability
company, or other entity, duly authorized to conduct business within the State of New York, on
DECEMBER 18TH, 2020.
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FOURTH: Upon information and belief, at all times hereinafter mentioned, the
defendant, FAIRFIELD VILLAGE AT CORAM, LLC, was conducting business with their
principle offices located at 538 Broadhollow Road, Third Floor East, Melville, New York, 11743,
on DECEMBER 18TH, 2020.
FIFTH: Upon information and belief, at all times hereinafter mentioned, the
defendant, FAIRFIELD VILLAGE AT CORAM, LLC, was also known as "Fairfield Village
Apartments", with an apartment complex located at 1 Brookwood Drive, in Coram, New York,
11727, on DECEMBER 18TH, 2020.
SIXTH: Upon information and belief, at all times hereinafter mentioned, the
defendant, FAIRFIELD VILLAGE AT CORAM, LLC, was conducting business as the Lessor and
Agent of the apartment complex known as "Fairfield Village Apartments", located at 1
Brookwood Drive, in Coram, New York, 11727, on DECEMBER 18TH, 2020.
SEVENTH: Upon information and belief, at all times hereinafter mentioned, the
defendant, FAIRFIELD VILLAGE AT CORAM, LLC, was the owner of the aforesaid apartment
complex located at 1 Brookwood Drive, Coram, New York, 11727, on DECEMBER 18TH, 2020.
EIGHTH: Upon information and belief, at all times hereinafter mentioned, the
defendant, FAIRFIELD VILLAGE AT CORAM, LLC, was the owner of the entire apartment
complex at the aforesaid location, including all of the common areas, walkways, and parking lots
located thereat, on DECEMBER 18TH, 2020.
NINTH: Upon information and belief, at all times hereinafter mentioned, the
defendant, FAIRFIELD VILLAGE AT CORAM, LLC, together with their agents, servants, and/or
employees, was responsible for the operation of the entire apartment complex at the aforesaid
location, including all of the common areas, walkways, and parking lots located thereat, on
DECEMBER 18TH, 2020.
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TENTH: Upon information and belief, at all times hereinafter mentioned, the
defendant, FAIRFIELD VILLAGE AT CORAM, LLC, together with their agents, servants, and/or
employees, was responsible for the supervision of the entire apartment complex at the aforesaid
location, including all of the common areas, walkways, and parking lots located thereat, on
DECEMBER 18TH, 2020.
ELEVENTH: Upon information and belief, at all times hereinafter mentioned, the
defendant, FAIRFIELD VILLAGE AT CORAM, LLC, together with their agents, servants, and/or
employees, was responsible for the management of the entire apartment complex at the aforesaid
location, including all of the common areas, walkways, and parking lots located thereat, on
DECEMBER 18TH, 2020.
TWELFTH: Upon information and belief, at all times hereinafter mentioned, the
defendant, FAIRFIELD VILLAGE AT CORAM, LLC, together with their agents, servants, and/or
employees, were responsible for the control of the entire apartment complex at the aforesaid
location, including all of the common areas, walkways, and parking lots located thereat, on
DECEMBER 18TH, 2020.
THIRTEENTH: Upon information and belief, at all times hereinafter mentioned, the
defendant, FAIRFIELD VILLAGE AT CORAM, LLC, together with their agents, servants, and/or
employees, were responsible for the maintenance of the entire apartment complex at the aforesaid
location, including all of the common areas, walkways, and parking lots located thereat, on
DECEMBER 18TH, 2020.
THIRTEENTH: Upon information and belief, at all times hereinafter mentioned, the
defendant, FAIRFIELD VILLAGE AT CORAM, LLC, together with their agents, servants, and/or
employees, was responsible for maintaining all of the common areas, walkways and parking lots
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located at the said apartment complex in a clean and safe condition, with no hazards or dangers to
the residents utilizing said parking lots on DECEMBER 18TH, 2020.
FOURTEENTH: Upon information and belief, at all times hereinafter mentioned,
the defendant, FAIRFIELD VILLAGE AT CORAM, LLC, together with their agents, servants,
and/or employees, was responsible specifically for the removal of snow and ice from the common
areas, walkways, and parking lots located within the confines of the complex at the aforesaid
location on DECEMBER 18TH, 2020.
FIFTEENTH: That at all times herein mentioned, the plaintiff was a tenant and
resident of the aforesaid apartment complex on DECEMBER 18™, 2020, residing at 1802 B
Rugby Place, Coram, New York, 11727, having signed a lease agreement with the defendant on
August 31", 2020.
SIXTEENTH: That at all times herein mentioned, the plaintiff, MELINDA
ANKUM, together with other residents and members of the general public, utilized the common
areas, walkways, and parking lots located within the confines of the said apartment complex at the
aforesaid location on a regular basis.
SEVENTEENTH: That at all times herein mentioned, the plaintiff, MELINDA
ANKUM, was lawfully walking upon and within the parking lot at the aforesaid location, on
DECEMBER 18TH, 2020, at approximately 8:55 A.M.
EIGHTEENTH: That while the plaintiff herein was upon the defendant's premises
as aforesaid, she was caused to slip and fall on ice and snow, and sustain personal injuries.
NINETEENTH: That the injuries suffered by the plaintiff, MELINDA ANKUM, on
DECEMBER 18TH, 2020, were caused solely and wholly through the negligence of the defendant
herein, and/or their agents, servants, and/or employees, and without any negligence on the part of
the plaintiff contributing thereto.
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TWENTIETH: The defendant, FAIRFIELD VILLAGE AT CORAM, LLC,
together with their agents, servants, and/or employees, were negligent, careless and reckless at the
time and place aforesaid in the ownership, operation, management, maintenance, supervision and
control of the aforesaid premises, as follows:
• in that caused and permitted a dangerous and defective condition to exist on
they
their premises, namely the accumulation of snow and ice;
• in that allowed said condition to remain in existence in the lot utilized
they parking
by residents of the condominiums, including the plaintiff herein;
• in permitting and said parking lot at their aforesaid premises to be covered
allowing
with snow and ice, constituting a danger, a hazard, and a trap;
• in failing to properly or adequately remove the snow and ice from the lot;
parking
• in failing to provide a safe pathway for persons traversing their premises;
• in failing to timely correct the dangerous condition on their premises;
• in failing to provide for the salting, or sanding of the lot at the plaintiff's
parking
premises;
• in failing to post a barrier, a warning, or cones at or near the dangerous condition,
in order to warn the plaintiff, and others, of the dangerous and hazardous condition, when they
knew, or in the prudent operation and maintenance of their premises should have known, that the
aforesaid dangerous and hazardous condition might cause serious injury to the plaintiff, or others;
• in failing to maintain the safety of their premises in a timely and efficient manner;
which resulted in the plaintiff falling and sustaining serious personal injuries, and the defendant
was otherwise negligent in the premises.
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TWENTY-FIRST: That as a direct and proximate result of the negligence of the
defendants herein as aforesaid, the plaintiff, MELINDA ANKUM, sustained severe and
permanent personal injuries, in and about her head, body and limbs; was caused to become sick,
sore, lame and disabled; and may have sustained an aggravation or activation of a prior-existing
condition which was either known or unknown, latent or patent; suffered injuries to her nervous
system; suffered mental anguish, was confined to hospital, bed and home and may, in the future,
be so confined; required medical treatment and therapy; was incapacitated from attending to her
usual duties and vocation and may, in the future, be so incapacitated; will suffer a loss and/or
limitation of quality and enjoyment of life; and plaintiff was otherwise injured damaged.
TWENTY-SECOND: That by reason of the foregoing, plaintiff, MELINDA
ANKUM, has been damaged in an amount that exceeds the monetary limits of all lower courts,
and which shall ultimately be determined by this court and/or a jury.
AS AND FOR A SECOND CAUSE OF ACTION
AGAINST DEFENDANT, LAWN RAIDERS, INC.:
TWENTY-THIRD: Plaintiff herein repeats, reiterates, realleges and reaffirms
"FIRST"
each and every allegation contained in paragraphs of this complaint designated as
through "TWENTY-SECOND", inclusive, with the same force and effect as if herein stated and
set forth as promptly as possible.
TWENTY-FOURTH: Upon information and belief, that at all times hereinafter
mentioned, the defendant, LAWN RAIDERS, INC., was and still is a domestic business
corporation duly organized an existing under and pursuant to the laws of the State of New York.
TWENTY-FIFTH: Upon information and belief, that at all times hereinafter
mentioned, the defendant, LAWN RAIDERS, INC., was a foreign business corporation duly
authorized to conduct business within the State of New York on DECEMBER 18m, 2020.
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TWENTY-SIXTH: Upon information and belief, that at all times hereinafter mentioned,
the defendant, LAWN RAIDERS, INC., conducted business and continues to maintain its
principal place of business at 12 Oxford Drive, Port Jefferson Station, New York, 11776.
TWENTY-SEVENTH: Upon information and belief, that at all times hereinafter
18th
mentioned, the defendant, LAWN RAIDERS, INC., was conducting business on December
2020, as a property maintenance and landscaping business.
TWENTY-EIGHTH: Upon
Preview
FILED: SUFFOLK COUNTY CLERK 02/14/2023 03:35 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/14/2023 1 of 20 FILED: SUFFOLK COUNTY CLERK 02/14/2023 03:35 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 02/14/2023 2 of 20 FILED: SUFFOLK COUNTY CLERK 02/14/2023 12/20/2021 03:35 03:32 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 36 32 RECEIVED NYSCEF: 02/14/2023 12/20/2021 SUPREME COURT OFTHE STATE OF NEW YORK COUNTY OF NEW YORK X MELINDA ANKUM, Index No.: 603197 -21 Plaintiff. STIPULATION TO AMEND SUMMONS - against - AND COMPLAINT FAIRFIEI-D VILLAGE AT CORAM, LLC, Defendant. X PAIRFIELD VILLACE AT CORAM, LLC, -Ihird Party Plaintiff, - against - LAWN RAIDERS,INC., Third Paity Def'endant. X IT IS HEREBY STIPULATED, CONSFINTED T() AND AGREED, by ancl between the attorneys for the respective parties hereto, that the caption of this action shall be arnended to include additional defendant, LAWN RAIDERS, INC., and shall lead as follows: SUPRT]ME COURT OIJ THE STATE OF NEW YORK COUNTY OFSUFFOLK x MET,INDA ANKUM, Plaintiff, against - FAIRFIELD VILLAGE AT CORAM, LLC, aNd LAWN RAIDERS,INC. Det'endants. x I 31 of of 20 3 FILED: SUFFOLK COUNTY CLERK 02/14/2023 12/20/2021 03:35 03:32 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 36 32 RECEIVED NYSCEF: 02/14/2023 12/20/2021 FAIRFIELD VILLAGE AT CORAM, LLC, Third Party Plaintiff, - against - LAWN RAIDERS,INC,, ThiLd Pafty Defendant. x Il',rc FURTHER STIPULATtrD, thar rhis Stipulation, when fully executed, shalI be filed with the Clerk of the Clout, together with the origitlal Amended Sumrnons and Amended Complaint attached thereto and request that the court so order the stipulation and IT IS FT RTHER STIPULATED that once this Stipulation is so ordered, the plaintiff will file and serve the Amended Summons and Amended Complaint as per the CPLR and IT IS I'URTHER STIPULATtsD, that the attorneys for the defendants signing below shall accept service of the Arnended Summons and Amended Complaint on behalf of the FAIRFIELD VILLAGE AT CORAM, LLC, and shall serve an Answer thereto upon the Attorneys for the Plaintiff, and IT IS FURTHER STIPULATED, plaintiff will file and serve thc Amended the Summons and Amended Complaint and the oliginal proof of service upon dcfendant, LAWN RAIDERS, INC., as per the CPLR. DATED: HAUPPAUGE-JY OC1Ufir IS ,202t. PALERMO LAW. .c. BY: STEVEN J. PALI,RMO, ESQ, A TT'OR NE YS FOR PLA IN7'11, F 13OO VETERANS MEMORIAL IIIGI-IWAY SUITE 320 }IAUPPAUGE, NY I I788 (63r) 26s-r0sl 2 42 of of 20 3 FILED: SUFFOLK COUNTY CLERK 02/14/2023 12/20/2021 03:35 03:32 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 36 32 RECEIVED NYSCEF: 02/14/2023 12/20/2021 fikhc^o,l l* :1!1._V BRODY, O',CONNOR & O',CONNOR, ESQS. BY: MICHAEL FEINER, ESQ. ATTORNEYS FOR DET:ENDANT" IAIRT:IELD VILLAGE AT CORAM, LLC 7 BAY VIEW AVENUE NORTHPORT, NEW YORK I 1768 (63t) 26t-'7778 YOUR FILE NO.: GN 2l -403 SO OIIDERED 24, AZ1 )c+a Puwrtrnad, Nan'Volc HON. CARTIIN vICTORI^ ST. CEORCE 3 53 of of 20 3 FILED: SUFFOLK COUNTY CLERK 02/14/2023 01/17/2022 03:35 04:20 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 36 33 RECEIVED NYSCEF: 02/14/2023 01/17/2022 SUPREME COURT OF THE STATE OF NEW YORK Index No.: 603197 -21 COUNTY OF SUFFOLK --------------------------------------------------------------------------X MELINDA ANKUM, Plaintiff designates SUFFOLK Plaintiff(s), County as the place of trial. - against - The basis of venue is: PLAINTIFF'S RESIDENCE FAIRFIELD VILLAGE AT CORAM, LLC, AND AMENDED LAWN RAIDERS, INC., SUPPLEMENTAL SUMMONS Defendant(s). Plaintiff resides at: 1802 B RUGBY PLACE CORAM, NY 11727 COUNTY OF SUFFOLK --------------------------------------------------------------------------X TO THE ABOVE NAME DEFENDANT(S) You are hereby su,.nnuned to answer the complaint in this action, and to serve a copy of your answer, of if the complaint is not served with this summons, to serve a notice of appearance on the plaintiff's attorney(s) within twenty days after the services of this summons exclusive of the day of service, where service is made by delivery upon you personally within the state, or within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. DATED: HAUPPAUGE, NY. ( M Def 2 . , 2021. YOURS, ETC., PALE lvjQLAW, P.L.L.C. BŸ: ST ENWALERMO, ESQ . ATTORNEYS FOR PLAINTIFF OFFICE & P.0 ADDRESS 1300 VETERANS MEMORIAL HIGHWAY SUITE 320 HAUPPAUGE, NY 11788 (631) 265-1051 1 of 20 6 15 FILED: SUFFOLK COUNTY CLERK 02/14/2023 01/17/2022 03:35 04:20 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 36 33 RECEIVED NYSCEF: 02/14/2023 01/17/2022 DEFENDANTS: FAIRFIELD VILLAGE AT CORAM, LLC: 538 BROADHOLLOW ROAD, MELVILLE, NY 11743 LAWN RAIDERS, INC.: THROUGH SECRETARY OF STATE OF NEW YORK (12 OXFORD DRIVE, PORT JEFFERSON STATION, NY 11776) 2 of 20 7 15 FILED: SUFFOLK COUNTY CLERK 02/14/2023 01/17/2022 03:35 04:20 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 36 33 RECEIVED NYSCEF: 02/14/2023 01/17/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ______________________________ .-------------------------------------X MELINDA ANKUM, Index No.: 603197 -21 Plaintiff, - against - AMENDED VERIFIED COMPLAINT FAIRFIELD VILLAGE AT CORAM, LLC, and LAWN RAIDERS, INC. Defendants. ______________________________________ .------------------------------X Plaintiff herein, MELINDA ANKUM, by her attorneys, PALERMO LAW, P.L.L.C., complaining of the defendants, respectfully sets forth and alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION AGAINST FAIRFIELD VILLAGE AT CORAM, LLC: FIRST: That at all times herein mentioned, plaintiff herein was and still is an adult, and a resident of the County of Suffolk and State of New York. SECOND: Upon information and belief, at all times hereinafter mentioned, the defendant, FAIRFIELD VILLAGE AT CORAM, LLC, was a domestic corporation, limited liability company, or other entity, duly organized and existing under and by virtue of the laws of the State of New York, on DECEMBER 18TH, 2020. THIRD: Upon information and belief, at all times hereinafter mentioned, the defendant, FAIRFIELD VILLAGE AT.CORAM, LLC, was a foreign corporation, limited liability company, or other entity, duly authorized to conduct business within the State of New York, on DECEMBER 18TH, 2020. 3 of 20 8 15 FILED: SUFFOLK COUNTY CLERK 02/14/2023 01/17/2022 03:35 04:20 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 36 33 RECEIVED NYSCEF: 02/14/2023 01/17/2022 FOURTH: Upon information and belief, at all times hereinafter mentioned, the defendant, FAIRFIELD VILLAGE AT CORAM, LLC, was conducting business with their principle offices located at 538 Broadhollow Road, Third Floor East, Melville, New York, 11743, on DECEMBER 18TH, 2020. FIFTH: Upon information and belief, at all times hereinafter mentioned, the defendant, FAIRFIELD VILLAGE AT CORAM, LLC, was also known as "Fairfield Village Apartments", with an apartment complex located at 1 Brookwood Drive, in Coram, New York, 11727, on DECEMBER 18TH, 2020. SIXTH: Upon information and belief, at all times hereinafter mentioned, the defendant, FAIRFIELD VILLAGE AT CORAM, LLC, was conducting business as the Lessor and Agent of the apartment complex known as "Fairfield Village Apartments", located at 1 Brookwood Drive, in Coram, New York, 11727, on DECEMBER 18TH, 2020. SEVENTH: Upon information and belief, at all times hereinafter mentioned, the defendant, FAIRFIELD VILLAGE AT CORAM, LLC, was the owner of the aforesaid apartment complex located at 1 Brookwood Drive, Coram, New York, 11727, on DECEMBER 18TH, 2020. EIGHTH: Upon information and belief, at all times hereinafter mentioned, the defendant, FAIRFIELD VILLAGE AT CORAM, LLC, was the owner of the entire apartment complex at the aforesaid location, including all of the common areas, walkways, and parking lots located thereat, on DECEMBER 18TH, 2020. NINTH: Upon information and belief, at all times hereinafter mentioned, the defendant, FAIRFIELD VILLAGE AT CORAM, LLC, together with their agents, servants, and/or employees, was responsible for the operation of the entire apartment complex at the aforesaid location, including all of the common areas, walkways, and parking lots located thereat, on DECEMBER 18TH, 2020. 2 4 of 20 9 15 FILED: SUFFOLK COUNTY CLERK 02/14/2023 01/17/2022 03:35 04:20 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 36 33 RECEIVED NYSCEF: 02/14/2023 01/17/2022 TENTH: Upon information and belief, at all times hereinafter mentioned, the defendant, FAIRFIELD VILLAGE AT CORAM, LLC, together with their agents, servants, and/or employees, was responsible for the supervision of the entire apartment complex at the aforesaid location, including all of the common areas, walkways, and parking lots located thereat, on DECEMBER 18TH, 2020. ELEVENTH: Upon information and belief, at all times hereinafter mentioned, the defendant, FAIRFIELD VILLAGE AT CORAM, LLC, together with their agents, servants, and/or employees, was responsible for the management of the entire apartment complex at the aforesaid location, including all of the common areas, walkways, and parking lots located thereat, on DECEMBER 18TH, 2020. TWELFTH: Upon information and belief, at all times hereinafter mentioned, the defendant, FAIRFIELD VILLAGE AT CORAM, LLC, together with their agents, servants, and/or employees, were responsible for the control of the entire apartment complex at the aforesaid location, including all of the common areas, walkways, and parking lots located thereat, on DECEMBER 18TH, 2020. THIRTEENTH: Upon information and belief, at all times hereinafter mentioned, the defendant, FAIRFIELD VILLAGE AT CORAM, LLC, together with their agents, servants, and/or employees, were responsible for the maintenance of the entire apartment complex at the aforesaid location, including all of the common areas, walkways, and parking lots located thereat, on DECEMBER 18TH, 2020. THIRTEENTH: Upon information and belief, at all times hereinafter mentioned, the defendant, FAIRFIELD VILLAGE AT CORAM, LLC, together with their agents, servants, and/or employees, was responsible for maintaining all of the common areas, walkways and parking lots 3 10 5 of of 15 20 FILED: SUFFOLK COUNTY CLERK 02/14/2023 01/17/2022 03:35 04:20 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 36 33 RECEIVED NYSCEF: 02/14/2023 01/17/2022 located at the said apartment complex in a clean and safe condition, with no hazards or dangers to the residents utilizing said parking lots on DECEMBER 18TH, 2020. FOURTEENTH: Upon information and belief, at all times hereinafter mentioned, the defendant, FAIRFIELD VILLAGE AT CORAM, LLC, together with their agents, servants, and/or employees, was responsible specifically for the removal of snow and ice from the common areas, walkways, and parking lots located within the confines of the complex at the aforesaid location on DECEMBER 18TH, 2020. FIFTEENTH: That at all times herein mentioned, the plaintiff was a tenant and resident of the aforesaid apartment complex on DECEMBER 18™, 2020, residing at 1802 B Rugby Place, Coram, New York, 11727, having signed a lease agreement with the defendant on August 31", 2020. SIXTEENTH: That at all times herein mentioned, the plaintiff, MELINDA ANKUM, together with other residents and members of the general public, utilized the common areas, walkways, and parking lots located within the confines of the said apartment complex at the aforesaid location on a regular basis. SEVENTEENTH: That at all times herein mentioned, the plaintiff, MELINDA ANKUM, was lawfully walking upon and within the parking lot at the aforesaid location, on DECEMBER 18TH, 2020, at approximately 8:55 A.M. EIGHTEENTH: That while the plaintiff herein was upon the defendant's premises as aforesaid, she was caused to slip and fall on ice and snow, and sustain personal injuries. NINETEENTH: That the injuries suffered by the plaintiff, MELINDA ANKUM, on DECEMBER 18TH, 2020, were caused solely and wholly through the negligence of the defendant herein, and/or their agents, servants, and/or employees, and without any negligence on the part of the plaintiff contributing thereto. 4 11 6 of of 15 20 FILED: SUFFOLK COUNTY CLERK 02/14/2023 01/17/2022 03:35 04:20 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 36 33 RECEIVED NYSCEF: 02/14/2023 01/17/2022 TWENTIETH: The defendant, FAIRFIELD VILLAGE AT CORAM, LLC, together with their agents, servants, and/or employees, were negligent, careless and reckless at the time and place aforesaid in the ownership, operation, management, maintenance, supervision and control of the aforesaid premises, as follows: • in that caused and permitted a dangerous and defective condition to exist on they their premises, namely the accumulation of snow and ice; • in that allowed said condition to remain in existence in the lot utilized they parking by residents of the condominiums, including the plaintiff herein; • in permitting and said parking lot at their aforesaid premises to be covered allowing with snow and ice, constituting a danger, a hazard, and a trap; • in failing to properly or adequately remove the snow and ice from the lot; parking • in failing to provide a safe pathway for persons traversing their premises; • in failing to timely correct the dangerous condition on their premises; • in failing to provide for the salting, or sanding of the lot at the plaintiff's parking premises; • in failing to post a barrier, a warning, or cones at or near the dangerous condition, in order to warn the plaintiff, and others, of the dangerous and hazardous condition, when they knew, or in the prudent operation and maintenance of their premises should have known, that the aforesaid dangerous and hazardous condition might cause serious injury to the plaintiff, or others; • in failing to maintain the safety of their premises in a timely and efficient manner; which resulted in the plaintiff falling and sustaining serious personal injuries, and the defendant was otherwise negligent in the premises. 5 12 7 of of 15 20 FILED: SUFFOLK COUNTY CLERK 02/14/2023 01/17/2022 03:35 04:20 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 36 33 RECEIVED NYSCEF: 02/14/2023 01/17/2022 TWENTY-FIRST: That as a direct and proximate result of the negligence of the defendants herein as aforesaid, the plaintiff, MELINDA ANKUM, sustained severe and permanent personal injuries, in and about her head, body and limbs; was caused to become sick, sore, lame and disabled; and may have sustained an aggravation or activation of a prior-existing condition which was either known or unknown, latent or patent; suffered injuries to her nervous system; suffered mental anguish, was confined to hospital, bed and home and may, in the future, be so confined; required medical treatment and therapy; was incapacitated from attending to her usual duties and vocation and may, in the future, be so incapacitated; will suffer a loss and/or limitation of quality and enjoyment of life; and plaintiff was otherwise injured damaged. TWENTY-SECOND: That by reason of the foregoing, plaintiff, MELINDA ANKUM, has been damaged in an amount that exceeds the monetary limits of all lower courts, and which shall ultimately be determined by this court and/or a jury. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT, LAWN RAIDERS, INC.: TWENTY-THIRD: Plaintiff herein repeats, reiterates, realleges and reaffirms "FIRST" each and every allegation contained in paragraphs of this complaint designated as through "TWENTY-SECOND", inclusive, with the same force and effect as if herein stated and set forth as promptly as possible. TWENTY-FOURTH: Upon information and belief, that at all times hereinafter mentioned, the defendant, LAWN RAIDERS, INC., was and still is a domestic business corporation duly organized an existing under and pursuant to the laws of the State of New York. TWENTY-FIFTH: Upon information and belief, that at all times hereinafter mentioned, the defendant, LAWN RAIDERS, INC., was a foreign business corporation duly authorized to conduct business within the State of New York on DECEMBER 18m, 2020. 6 13 8 of of 15 20 FILED: SUFFOLK COUNTY CLERK 02/14/2023 01/17/2022 03:35 04:20 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 36 33 RECEIVED NYSCEF: 02/14/2023 01/17/2022 TWENTY-SIXTH: Upon information and belief, that at all times hereinafter mentioned, the defendant, LAWN RAIDERS, INC., conducted business and continues to maintain its principal place of business at 12 Oxford Drive, Port Jefferson Station, New York, 11776. TWENTY-SEVENTH: Upon information and belief, that at all times hereinafter 18th mentioned, the defendant, LAWN RAIDERS, INC., was conducting business on December 2020, as a property maintenance and landscaping business. TWENTY-EIGHTH: Upon