Preview
FILED: KINGS COUNTY CLERK 11/15/2019 04:46 PM INDEX NO. 519726/2018
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019
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FILED: KINGS COUNTY CLERK 11/15/2019 04:46 PM INDEX NO. 519726/2018
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019
INDEX NO. 519726/2018
(FfLED : KINGS COUNTY CLERK 10/ 01/ 2018 06 : 13 PM|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018
SUPREME COURT OF THE STATE OF NEW YORK ,
COUNTY OF KINGS Index No.:
ARTHE MILIUS, Plaintiff designates
Plaintiff(s), COUNTY OF KINGS
As the place of trial
The basis of the venue is
plaintiff's residence.
against
SUMMONS
Plaintiff resides at
565
1322 East Street
Brooklyn, NY 11234
iSABELLE CHARLES, County of KINGS
To theabove-named Defsadañt(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 plaintiff's Attomey(s) within 20 days after the service of this
summons, excluded of the day of service (or within 30 days after the service is complete if
this summons is not personally de|ivêrêd to you within the State of New York); and In case
of your failure to appear or answer a judgment will be taken against you by default for the
relief demanded in the complaint.
Date: October 1, 2018
Mar ki J . L‰
Mark J. Linder, Esq.
HARMON, LINDER & ROGOWSKY
Attomeys for Plaintiff(s)
3 Park Avenue, Suite 2300
New York, NY 10016
Defendant'
address:
ISABELLE CHARLES
1322 565
East Street
Brooklyn, NY 11234
1
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NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019
INDEX NO. 519726/2018
(F LED : KINGS COUNTY CLERK 10 / 01/ 2018 06 : 13 PM|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
x
MARTHE WIIERIS,
Plaintiff,
-against- VERIFIED
COMPLAINT
Index No.:
ISABELLE CHARLES,
Defendant.
x
Plaintiff complaining of the defendant herein, by her attomeys HARMON, LINDER &
ROGOWSKY, respectfully sets forth and alleges as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFF
1. That at the time of the commencement of this action plaiñtiff was a resident of the
County ofKings, City and State of New York.
2. That defendant ISABELLE CHARLES was and still is a natural person conducting
business in the State of New York.
3. That the locaticñ of the plaintiff's accident giving rise to this action was the iñtsrict
stairs 565 in the of
locatêd on and upon the lands and pramises 1322 East Street, County
Kings, City and State of New York.
4. That on June 19, 2016 while the plaintiff herein was lawfully traversing the interior
stairs and steps at said location when the plaintiff was caused to slip and fall due to
dangerous condition(s) including but not limited to: (1) steps that are of irregular and/or
improper riser height; (2) step treads that are improperly sized; (3) excessively wom stairs
and steps; (4) stairs and steps covered with water, debris and/or slippery substances; (5)
absence of proper/adequate hand rails; (5) absence of non-slip tread applicaticñs on said
2 of 8
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stairs and steps; (6) absence of proper/adequate illumination; (7) staircase that is
excessively steep; (8) stair treads that were loose, cracked, broken, etc.; (9) stair treads
that were uneven and/or (10) dêfêctive handrail thersby sustaining severe injune$*as
herein after set forth, due to the negligêñcs of the defendant herein.
5. That the defendant, at all relevant times, and for many weeks and months prior
thêreto, caused, creatsd, allowed and/or permitted the stairs and steps of said location, to
remain in a dangerous condition.
6. That the defendant knew or should have known that anycñe, including the plaintiff,
using said stairs and steps would be at risk in doing so due to said dangerous coñditcas
being present.
7. The defendant, at the time of the accidsat, ñêgligently caused, created, a!!owêd
and/or permitted the stairs and steps to remain in a dangerous ccñdition and failed to
ccrisct the condition. The defêñdant had actual and constructive notice of the cGñditon on
the day of the accident.
8. That dêfêñdañt ISABELLE CHARLES owned said location.
9. That defendant ISABELLE CHARLES operated said location.
10. That defendant ISABELLE CHARLES managed said location.
11. That defendant ISABELLE CHARLES maintained said locaMon.
12. That defendant ISABELLE CHARLES conticlied said location.
13. That defendant ISABELLE CHARLES through its acts and/or omissions
inadequately and/or improperly owned, operated, managed, maintained and/or controlled
said location.
3 of 8
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14. That defendant ISABELLE CHARLES through its acts and/or omissions negligêñtly,
carelessly, inadequately and/or improperly cisañêàirspaired/iñspected and/or failed to
clean/repairlinspect said location.
15. That the defêñdañt was at all times under a duty to keep said location in a safe,
roper and secured manner to prevent injury to the plaintiff and others, in a ccñditicn free
from dangerous conditions.
16. That at all times herein mentioned defendant, their agsñts, servants and/or
employees thorough their acts and/or omissions were carslêss and negligent in the
ownership, operation and control of the aforesaid premiscs; in causing, allowing and/or
permitting the aforesaid premises to becoms and remaiñ in dangerous condition; in a
dilapidated, unmaintaiñêd, negligent, imprcper and/or unsafe condition; in causing,
alicwiñÿ and/or permitting aforssaid premises to be and remain in a hazardous condition;
in failing to make proper, timely and adequate inspection thereof; in failing to clean and/or
maintain the aforesaid premises in a proper manner; in the negligent and dañgêrous
design, installation, maintsñañce and management of the aforesaid area; in failing to set
. up proper safeguards and/or barriers; in allowing and/or failing to amend a reoccurring
condition of slippery stairs and steps which was a dangerous condition; in failing to warn
persons lawfully traversing the area of the aforesaid dangerous and hazardous coñdition;
In failing to have sufficient and adequate manpower; in failing to protect invitee of said
area; in creating a nuisañcs or trap; in failing to provide and/or use proper equipment; and
in otherwise failing to use due care, caution and prudence on the premises.
17. That as a result of the foregoing, the plaiñtiff was caused to and did sustain severe
and serious injuries and was required to seek and obtain medical care and attsñtioñ in an
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NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019
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effort to cure and alleviate same and, upon information and belief will be compe!!éd to do
so in the future.
18. That this occurrence and the injuries sustained by the plaintiff were caused by the
negligence of defendant, without any ñêg::gence on the part of the plaintiff contribuUng
there to.
19. That this action falls within one or more of the exceptions set forth in Section 1602
of the CPLR.
20. That by reasoñ of the foregoing, plaintiff has been damaged in an amount which
exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF THE PLAINTlFF
"1"
21. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs
through "20", as if the same were fully hereinafter set forth at length.
defendant'
22. That the conduct as earlier described was negligent and carê|éss in|nter
alia:
(a) Failing to take proper precautions for the safety and wê"bé!ñg of the
plaintiff;
(b) That the defeñdañt was negligent in the hiring, screêñiñg, training, and
supervising of its employees;
(c) Failing to adopt appropriate procedures for the protedion of invitees
including the plaintiff;
(d) Negligence at law.
23. That the defendant should have known that its failure in such regards would cause
harm.
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NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019
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24. That by reason of the foregoing, plaintiff has been damaged in an amount which
exceeds the jurisdictional limits of all lower courts that would otherwise have jur|êdiction.
WHEREFORE, plaintiff demañds judgment against the dbTendant on the First
and Second Causes of Action together with intêrest and the costs and disbursements of
this action.
Dated: New York, New York
October 1, 2018
M a-rb J. L W Esq.
Mark J. Linder,
HARMON, LINDER &ROGOWSKY
Attorneys for Plaintiff
23d Suite
3 Park Avenue. Floor, 2300
New York, NY 10016
ACD
FILED: KINGS COUNTY CLERK 11/15/2019 04:46 PM INDEX NO. 519726/2018
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019
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|FILED : KINGS COUNTY CLERK 10 / 01/ 2018 06 : 13 P1
NYSCEF DOC. NO. 1 RECEIVED NŸSCEF: 10/01/2018
ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) ss:
coUNTY OF NEW YORK )
1, the undersigñêd, am an attomey admitted to practice in the Courts of New York
State, and say that
I am the attorney of record or of counsel with the attorney(s) of record for the
plaintiff.
I have read the annexed SUMMONS AND VERIFIED COMPLAINT and know the
coñtêñts thereof and the same are true to my knowledge, except those matters therein
. shicigare stated to be alleged on information and belief. As to those matters, I believe
them to be true. My belief, as to those matters therein not stated upon knowledge is based
upon the following:
Intêrviews and/or discussions held with the plaintiff(s) and papers and/or documents
in the file.
The reason I make this affirrñation instead of the plaintiff is because said plaintiff
resides outside of the county from where your deponent maintains his office for the
practice of law.
Dated: New York, NY
October 1, 2018
Marki J. Limier
Mark J. Linder, Esq.
FILED: KINGS COUNTY CLERK 11/15/2019 04:46 PM INDEX NO. 519726/2018
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019
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|FIÍ2D : KINGS COUNTY CLERK 10 / 01/ 2018 06 : 13 PNj
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018
Index No.: Year:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
MARTHE MILIUS,
Plaintiff(s),
-against-
. .
ISABELLE CHARLES,
Defendant(s).
VERIFIED SUMMONS AND COMPLAINT
HARMON,11NDER & ROGOWSKY
Attemeys for Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016
Tel: (212) 732-3665 Fax: (212) 732-1462
To:
Attomey(s) for
Service of a Copy of the within hereby admitted.
Dated:
Attorneys for
PLEASE TAKE NOTICE:
NOTICE OF That the within is a (certified) true copy of a
ENTRY entered in the office of the clerk of the within named Court on 20_
NOTICE OF that an Orderof which the within is a true copy will be prasantad for settlemed to the
SETTLEMENT Hon. one of the Judges of the within named Court, on
20_, at M.
Dated:
HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016 .
Tel: (212) 732-3665 Fax: (212) 732-1462
8 of 8
Preview
FILED: KINGS COUNTY CLERK 11/15/2019 04:46 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019 7 g a h ' Exh bit FILED: KINGS COUNTY CLERK 11/15/2019 04:46 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019 INDEX NO. 519726/2018 (FfLED : KINGS COUNTY CLERK 10/ 01/ 2018 06 : 13 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018 SUPREME COURT OF THE STATE OF NEW YORK , COUNTY OF KINGS Index No.: ARTHE MILIUS, Plaintiff designates Plaintiff(s), COUNTY OF KINGS As the place of trial The basis of the venue is plaintiff's residence. against SUMMONS Plaintiff resides at 565 1322 East Street Brooklyn, NY 11234 iSABELLE CHARLES, County of KINGS To theabove-named Defsadañt(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 plaintiff's Attomey(s) within 20 days after the service of this summons, excluded of the day of service (or within 30 days after the service is complete if this summons is not personally de|ivêrêd to you within the State of New York); and In case of your failure to appear or answer a judgment will be taken against you by default for the relief demanded in the complaint. Date: October 1, 2018 Mar ki J . L‰ Mark J. Linder, Esq. HARMON, LINDER & ROGOWSKY Attomeys for Plaintiff(s) 3 Park Avenue, Suite 2300 New York, NY 10016 Defendant' address: ISABELLE CHARLES 1322 565 East Street Brooklyn, NY 11234 1 FILED: KINGS COUNTY CLERK 11/15/2019 04:46 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019 INDEX NO. 519726/2018 (F LED : KINGS COUNTY CLERK 10 / 01/ 2018 06 : 13 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x MARTHE WIIERIS, Plaintiff, -against- VERIFIED COMPLAINT Index No.: ISABELLE CHARLES, Defendant. x Plaintiff complaining of the defendant herein, by her attomeys HARMON, LINDER & ROGOWSKY, respectfully sets forth and alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF 1. That at the time of the commencement of this action plaiñtiff was a resident of the County ofKings, City and State of New York. 2. That defendant ISABELLE CHARLES was and still is a natural person conducting business in the State of New York. 3. That the locaticñ of the plaintiff's accident giving rise to this action was the iñtsrict stairs 565 in the of locatêd on and upon the lands and pramises 1322 East Street, County Kings, City and State of New York. 4. That on June 19, 2016 while the plaintiff herein was lawfully traversing the interior stairs and steps at said location when the plaintiff was caused to slip and fall due to dangerous condition(s) including but not limited to: (1) steps that are of irregular and/or improper riser height; (2) step treads that are improperly sized; (3) excessively wom stairs and steps; (4) stairs and steps covered with water, debris and/or slippery substances; (5) absence of proper/adequate hand rails; (5) absence of non-slip tread applicaticñs on said 2 of 8 FILED: KINGS COUNTY CLERK 11/15/2019 04:46 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019 INDEX NO. 519726/20fB FILED : KINGS COUNTY CLERK 10/01/2018 06:13 PM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018 stairs and steps; (6) absence of proper/adequate illumination; (7) staircase that is excessively steep; (8) stair treads that were loose, cracked, broken, etc.; (9) stair treads that were uneven and/or (10) dêfêctive handrail thersby sustaining severe injune$*as herein after set forth, due to the negligêñcs of the defendant herein. 5. That the defendant, at all relevant times, and for many weeks and months prior thêreto, caused, creatsd, allowed and/or permitted the stairs and steps of said location, to remain in a dangerous condition. 6. That the defendant knew or should have known that anycñe, including the plaintiff, using said stairs and steps would be at risk in doing so due to said dangerous coñditcas being present. 7. The defendant, at the time of the accidsat, ñêgligently caused, created, a!!owêd and/or permitted the stairs and steps to remain in a dangerous ccñdition and failed to ccrisct the condition. The defêñdant had actual and constructive notice of the cGñditon on the day of the accident. 8. That dêfêñdañt ISABELLE CHARLES owned said location. 9. That defendant ISABELLE CHARLES operated said location. 10. That defendant ISABELLE CHARLES managed said location. 11. That defendant ISABELLE CHARLES maintained said locaMon. 12. That defendant ISABELLE CHARLES conticlied said location. 13. That defendant ISABELLE CHARLES through its acts and/or omissions inadequately and/or improperly owned, operated, managed, maintained and/or controlled said location. 3 of 8 FILED: KINGS COUNTY CLERK 11/15/2019 04:46 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019 INDEX NO. 519726/2018 F1LED : KINGS COUNTY CLERE 10/01/2018 06 : 13 PM) NY SCEF DOC. NO . 1 RECEIVED NYSCEF: 10/01/2018 14. That defendant ISABELLE CHARLES through its acts and/or omissions negligêñtly, carelessly, inadequately and/or improperly cisañêàirspaired/iñspected and/or failed to clean/repairlinspect said location. 15. That the defêñdañt was at all times under a duty to keep said location in a safe, roper and secured manner to prevent injury to the plaintiff and others, in a ccñditicn free from dangerous conditions. 16. That at all times herein mentioned defendant, their agsñts, servants and/or employees thorough their acts and/or omissions were carslêss and negligent in the ownership, operation and control of the aforesaid premiscs; in causing, allowing and/or permitting the aforesaid premises to becoms and remaiñ in dangerous condition; in a dilapidated, unmaintaiñêd, negligent, imprcper and/or unsafe condition; in causing, alicwiñÿ and/or permitting aforssaid premises to be and remain in a hazardous condition; in failing to make proper, timely and adequate inspection thereof; in failing to clean and/or maintain the aforesaid premises in a proper manner; in the negligent and dañgêrous design, installation, maintsñañce and management of the aforesaid area; in failing to set . up proper safeguards and/or barriers; in allowing and/or failing to amend a reoccurring condition of slippery stairs and steps which was a dangerous condition; in failing to warn persons lawfully traversing the area of the aforesaid dangerous and hazardous coñdition; In failing to have sufficient and adequate manpower; in failing to protect invitee of said area; in creating a nuisañcs or trap; in failing to provide and/or use proper equipment; and in otherwise failing to use due care, caution and prudence on the premises. 17. That as a result of the foregoing, the plaiñtiff was caused to and did sustain severe and serious injuries and was required to seek and obtain medical care and attsñtioñ in an FILED: KINGS COUNTY CLERK 11/15/2019 04:46 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019 INDEX NO. 519726/2018 {FÌLED Î KINGS COUNTY CLERK 10 / 01/2018 0 6 : 13 PM1 NYSCEF DOC. NO. 1 RECEIVED NY SCEF: 10/01/2018 effort to cure and alleviate same and, upon information and belief will be compe!!éd to do so in the future. 18. That this occurrence and the injuries sustained by the plaintiff were caused by the negligence of defendant, without any ñêg::gence on the part of the plaintiff contribuUng there to. 19. That this action falls within one or more of the exceptions set forth in Section 1602 of the CPLR. 20. That by reasoñ of the foregoing, plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF THE PLAINTlFF "1" 21. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs through "20", as if the same were fully hereinafter set forth at length. defendant' 22. That the conduct as earlier described was negligent and carê|éss in|nter alia: (a) Failing to take proper precautions for the safety and wê"bé!ñg of the plaintiff; (b) That the defeñdañt was negligent in the hiring, screêñiñg, training, and supervising of its employees; (c) Failing to adopt appropriate procedures for the protedion of invitees including the plaintiff; (d) Negligence at law. 23. That the defendant should have known that its failure in such regards would cause harm. FILED: KINGS COUNTY CLERK 11/15/2019 04:46 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019 INDEX NO. 519726/2018 LED : KINGS COUNTY CLERK 10/01/2018 06: 13 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018 24. That by reason of the foregoing, plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jur|êdiction. WHEREFORE, plaintiff demañds judgment against the dbTendant on the First and Second Causes of Action together with intêrest and the costs and disbursements of this action. Dated: New York, New York October 1, 2018 M a-rb J. L W Esq. Mark J. Linder, HARMON, LINDER &ROGOWSKY Attorneys for Plaintiff 23d Suite 3 Park Avenue. Floor, 2300 New York, NY 10016 ACD FILED: KINGS COUNTY CLERK 11/15/2019 04:46 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019 INDEX NO. 519726/2018 |FILED : KINGS COUNTY CLERK 10 / 01/ 2018 06 : 13 P1 NYSCEF DOC. NO. 1 RECEIVED NŸSCEF: 10/01/2018 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) ss: coUNTY OF NEW YORK ) 1, the undersigñêd, am an attomey admitted to practice in the Courts of New York State, and say that I am the attorney of record or of counsel with the attorney(s) of record for the plaintiff. I have read the annexed SUMMONS AND VERIFIED COMPLAINT and know the coñtêñts thereof and the same are true to my knowledge, except those matters therein . shicigare stated to be alleged on information and belief. As to those matters, I believe them to be true. My belief, as to those matters therein not stated upon knowledge is based upon the following: Intêrviews and/or discussions held with the plaintiff(s) and papers and/or documents in the file. The reason I make this affirrñation instead of the plaintiff is because said plaintiff resides outside of the county from where your deponent maintains his office for the practice of law. Dated: New York, NY October 1, 2018 Marki J. Limier Mark J. Linder, Esq. FILED: KINGS COUNTY CLERK 11/15/2019 04:46 PM INDEX NO. 519726/2018 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/15/2019 INDEX NO. 519726/2018 |FIÍ2D : KINGS COUNTY CLERK 10 / 01/ 2018 06 : 13 PNj NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/01/2018 Index No.: Year: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS MARTHE MILIUS, Plaintiff(s), -against- . . ISABELLE CHARLES, Defendant(s). VERIFIED SUMMONS AND COMPLAINT HARMON,11NDER & ROGOWSKY Attemeys for Plaintiff 3 Park Avenue, Suite 2300 New York, NY 10016 Tel: (212) 732-3665 Fax: (212) 732-1462 To: Attomey(s) for Service of a Copy of the within hereby admitted. Dated: Attorneys for PLEASE TAKE NOTICE: NOTICE OF That the within is a (certified) true copy of a ENTRY entered in the office of the clerk of the within named Court on 20_ NOTICE OF that an Orderof which the within is a true copy will be prasantad for settlemed to the SETTLEMENT Hon. one of the Judges of the within named Court, on 20_, at M. Dated: HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, NY 10016 . Tel: (212) 732-3665 Fax: (212) 732-1462 8 of 8