Preview
FILED: NASSAU COUNTY CLERK 02/28/2023 09:54 AM INDEX NO. 603466/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU SUMMONS
----------------------------------------------------------------------X Index No.:
ZINA DVORKINA, Date Purchased
Plaintiff designates
Plaintiff, NASSAU
County as the place of trial.
-against- The basis of venue is:
Situs of Occurrence
1610 REALTY HOLDINGS LLC AND FANDOQ
RESTAURANT, County of NASSAU
Defendants.
----------------------------------------------------------------------X
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 Plaintiff's Attorneys within 20 days after the service of this 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 herein.
Dated: New York, New York
February 24, 2023
PETER MAY, ESQ.
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff
Address and Telephone Number
150 Broadway – 23rd Floor
New York, New York 10038
(212) 285-3800
File No.: 36116
Defendants Address:
1610 Realty Holdings LLC
48 East Old Country Rd.
STE 203
Mineola, NY 11501
FandoQ Restaurant
1610 Old Country Rd.
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FILE: 36116
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------------------------------------------X
ZINA DVORKINA,
VERIFIED COMPLAINT
Plaintiff,
-against-
1610 REALTY HOLDINGS LLC AND FANDOQ
RESTAURANT,
Defendants.
----------------------------------------------------------------X
Plaintiff ZINA DVORKINA, complaining of the defendants by her attorney, SUBIN
ASSOCIATES LLP, upon information and belief, respectfully allege(s):
1. That at all the times herein mentioned, the defendant 1610 REALTY HOLDINGS LLC
was and still is a corporation doing business in the State of New York.
2. That at all the times herein mentioned, the defendant 1610 REALTY HOLDINGS LLC
was and still is a limited liability company doing business in the State of New York.
3. That at all the times herein mentioned, the defendant 1610 REALTY HOLDINGS LLC
was the owner of the premises located at and known as 1610 Old Country Road
Westbury NY 11590.
4. That at all the times herein mentioned, the defendant 1610 REALTY HOLDINGS LLC,
its agents, servants and/or employees, operated the aforementioned premises.
5. That at all the times herein mentioned, the defendant 1610 REALTY HOLDINGS LLC,
its, agents, servants and/or employees, maintained the aforementioned premises.
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6. That at all the times herein mentioned, the defendant 1610 REALTY HOLDINGS LLC,
its agents, servants and/or employees, managed the aforementioned premises.
7. That at all the times herein mentioned, the defendant REALTY HOLDINGS LLC, its
agents, servants and/or employees, controlled the aforementioned premises.
8. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT was and
still is a corporation doing business in the State of New York.
9. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT was a
partnership duly organized and existing under the laws of the State of New York.
10. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT was a
partnership transacting business in New York.
11. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT was the
owner of the premises located at and known as 1610 Old Country Road Westbury NY
11590.
12. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT was a
tenant of the premises located at and known as 1610 Old Country Road Westbury NY
11590.
13. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT
operated a restaurant known as Fandoq Restaurant located at 1610 Old Country Road
Westbury NY 11590.
14. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT, its
agents, servants and/or employees operated the aforementioned establishment.
15. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT, its
agents, servants and/or employees maintained the aforementioned establishment.
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16. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT, its
agents, servants and/or employees managed the aforementioned establishment.
17. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT, its
agents, servants and/or employees controlled the aforementioned establishment.
18. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT, its
agents, servants and/or employees maintained the food present in the aforementioned
establishment.
19. That at all the times herein mentioned, it was the duty of the defendants, their agents,
servants and/or employees to keep and maintain, manage and control the aforementioned
establishment in a reasonably good and safe condition, and not to suffer and permit said
establishment to become unsafe and dangerous to patrons and/or customers.
20. That at all the times herein mentioned, it was the duty of the defendants, their agents,
servants and/or employees to provide clean food preparation areas and clean food.
21. That at all the times herein mentioned, it was the duty of the defendants, their agents,
servants and/or employees to supervise providing clean food preparation areas and clean
food.
22. That at all the times herein mentioned, it was the duty of the defendants, their agents,
servants and/or employees to protect food from contamination with foreign and inedible
objects.
23. That at all times herein mentioned, it was the duty of the defendants, their agents,
servants and/or employees to maintain the food cleaning equipment in food preparation
areas.
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24. That at all times herein mentioned, it was the duty of the defendants, their agents,
servants and/or employees to keep the aforesaid premises in a clean and sanitary manner.
25. That at all times herein mentioned, it was the duty of the defendants, their agents,
servants and/or employees to not harbor conditions conducive to food contamination
26. That at all times herein mentioned, it was the duty of the defendants, their agents,
servants and/or employees to serve the public food that will not injure nor injure the
health of the consumer or public.
27. That at all the times herein mentioned, the public had access to the aforementioned
premises with the express permission of the defendant FANDOQ RESTAURANT.
28. That at all the times herein mentioned the public has access to the aforementioned
premises with the implied permission of the defendant.
29. That at all times herein mentioned, the public, based on advertising by the defendants,
was invited to dine in and/or take out food prepared at the defendants’ aforementioned
establishment with the express permission of the defendants.
30. That on or about 10/29/2022, plaintiff, while dining on a salad prepared by the
defendants’ aforementioned establishment, was caused to sustain serious injuries by
consuming a portion of said salad contaminated with foreign objects, particularly shards
and/or pieces of glass, and causing the plaintiff to become seriously ill.
31. That the said incident and resulting injuries to the plaintiff were caused through no fault
of her own but were solely and wholly by reason of the negligence of the defendants,
their agents, servants and/or employees in that the defendants suffered, caused and/or
permitted and/or allowed portions of said establishment, to be, become and remain in a
dangerous, defective, hazardous, unsafe, condition and in causing, creating and/or
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permitting potentially hazardous and contaminated food to be served to the public and to
the plaintiff in particular ; in causing, creating and/or permitting food to be present in the
establishment which is or may be contaminated or unfit for human consumption; in
failing to properly supervise the protection and preparation of foods in its establishment;
in failing to hire and retain in its employ persons qualified in food protection and food
preparation; in hiring and retaining in its employ, persons unqualified in food protection
and/or food preparation; in failing to train its personnel in the protection and preparation
of foods; in failing to properly maintain food preparation equipment; in failing to prevent
food contamination; in failing to maintain the establishment and its products in a
reasonable state of cleanliness; in failing to clean and maintain its products fit for human
consumption; in failing to maintain proper health procedures, and not to suffer or permit
said establishment to become unsafe and dangerous to patrons, customers and the public,
in particular the plaintiff; in failing to apprise and/or warn the public and in particular the
plaintiff of such a dangerous, and/or unsafe condition so as to cause the incident herein
complained of; in creating and maintaining a hazard, menace, nuisance and trap thereat
and in failing to comply with the statutes, ordinances, rules and regulations especially
pursuant to Sect. 14-1.00 of the New York State Sanitary Code (10 N.Y.C.R.R. 14-1.10)
made and provided for the safe and proper operation of the establishment. Plaintiff
further relies upon the doctrine of Res Ipsa Loquitur.
32. That this action falls within one or more of the exceptions set forth in CPLR 1602.
33. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and
permanent injuries, has been and will be caused great bodily injuries and pain, shock,
mental anguish; has been and is informed and verily believes maybe permanently injured;
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has and will be prevented from attending to usual duties; has incurred and will incur great
expense for medical care and attention; in all to plaintiff's damage, both compensatory
and exemplary in an amount which exceeds the jurisdictional limits of all lower courts
and which warrants the jurisdiction of this Court.
34. Due to the abovesaid, plaintiff is entitled to damages in the sum which exceeds the sum
or value established by 28 USC §1332(a) exclusive of interest and costs.
WHEREFORE, the plaintiff demands judgment against the defendant in amounts which
exceed the monetary jurisdictional limits of any and all lower Courts which would otherwise
have jurisdiction herein, in amounts to be determined upon the trial of this action, together with
the costs and disbursements of this action, and with interest from the date of this accident
DATED: New York, New York
February 24, 2023
Yours, etc.
__________________________
PETER MAY, ESQ.
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiffs
150 Broadway
New York, New York 10038
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Westbury, NY 11590
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
I, the undersigned, an attorney admitted to practice in the courts of New York State, state under
penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I have
read the foregoing SUMMONS AND COMPLAINT and know the contents thereof; the same is
true to my own knowledge, except as to the matters therein stated to be alleged on information
and belief, and as to those matters I believe to be true. The reason this verification is made by me
and not by my client(s), is that my client(s) are not presently in the County where I maintain my
offices. The grounds of my belief as to all matters not stated upon my own knowledge are the
materials in my file and the investigations conducted by my office.
Dated: New York, New York
February 24, 2023
_______________________
PETER MAY, ESQ.
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Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X
ZINA DVORKINA,
Plaintiff,
-against-
1610 REALTY HOLDINGS LLC AND FANDOQ
RESTAURANT,
Defendants.
----------------------------------------------------------------------X
= = = = = = = = = = = = = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = = =
SUMMONS AND VERIFIED COMPLAINT
= = = = = = = = = = = = = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = = =
SUBIN ASSOCIATES, LLP
Attorney(s) for Plaintiff(s)
Address and Telephone Number
150 Broadway 23 Floor
New York, New York 10007
(212) 285-3800
File No.: 36116
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Preview
FILED: NASSAU COUNTY CLERK 02/28/2023 09:54 AM INDEX NO. 603466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU SUMMONS ----------------------------------------------------------------------X Index No.: ZINA DVORKINA, Date Purchased Plaintiff designates Plaintiff, NASSAU County as the place of trial. -against- The basis of venue is: Situs of Occurrence 1610 REALTY HOLDINGS LLC AND FANDOQ RESTAURANT, County of NASSAU Defendants. ----------------------------------------------------------------------X 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 Plaintiff's Attorneys within 20 days after the service of this 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 herein. Dated: New York, New York February 24, 2023 PETER MAY, ESQ. SUBIN ASSOCIATES LLP Attorneys for Plaintiff Address and Telephone Number 150 Broadway – 23rd Floor New York, New York 10038 (212) 285-3800 File No.: 36116 Defendants Address: 1610 Realty Holdings LLC 48 East Old Country Rd. STE 203 Mineola, NY 11501 FandoQ Restaurant 1610 Old Country Rd. 1 of 9 FILED: NASSAU COUNTY CLERK 02/28/2023 09:54 AM INDEX NO. 603466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2023 FILE: 36116 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------------------------------X ZINA DVORKINA, VERIFIED COMPLAINT Plaintiff, -against- 1610 REALTY HOLDINGS LLC AND FANDOQ RESTAURANT, Defendants. ----------------------------------------------------------------X Plaintiff ZINA DVORKINA, complaining of the defendants by her attorney, SUBIN ASSOCIATES LLP, upon information and belief, respectfully allege(s): 1. That at all the times herein mentioned, the defendant 1610 REALTY HOLDINGS LLC was and still is a corporation doing business in the State of New York. 2. That at all the times herein mentioned, the defendant 1610 REALTY HOLDINGS LLC was and still is a limited liability company doing business in the State of New York. 3. That at all the times herein mentioned, the defendant 1610 REALTY HOLDINGS LLC was the owner of the premises located at and known as 1610 Old Country Road Westbury NY 11590. 4. That at all the times herein mentioned, the defendant 1610 REALTY HOLDINGS LLC, its agents, servants and/or employees, operated the aforementioned premises. 5. That at all the times herein mentioned, the defendant 1610 REALTY HOLDINGS LLC, its, agents, servants and/or employees, maintained the aforementioned premises. 2 of 9 FILED: NASSAU COUNTY CLERK 02/28/2023 09:54 AM INDEX NO. 603466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2023 6. That at all the times herein mentioned, the defendant 1610 REALTY HOLDINGS LLC, its agents, servants and/or employees, managed the aforementioned premises. 7. That at all the times herein mentioned, the defendant REALTY HOLDINGS LLC, its agents, servants and/or employees, controlled the aforementioned premises. 8. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT was and still is a corporation doing business in the State of New York. 9. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT was a partnership duly organized and existing under the laws of the State of New York. 10. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT was a partnership transacting business in New York. 11. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT was the owner of the premises located at and known as 1610 Old Country Road Westbury NY 11590. 12. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT was a tenant of the premises located at and known as 1610 Old Country Road Westbury NY 11590. 13. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT operated a restaurant known as Fandoq Restaurant located at 1610 Old Country Road Westbury NY 11590. 14. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT, its agents, servants and/or employees operated the aforementioned establishment. 15. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT, its agents, servants and/or employees maintained the aforementioned establishment. 3 of 9 FILED: NASSAU COUNTY CLERK 02/28/2023 09:54 AM INDEX NO. 603466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2023 16. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT, its agents, servants and/or employees managed the aforementioned establishment. 17. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT, its agents, servants and/or employees controlled the aforementioned establishment. 18. That at all the times herein mentioned, the defendant FANDOQ RESTAURANT, its agents, servants and/or employees maintained the food present in the aforementioned establishment. 19. That at all the times herein mentioned, it was the duty of the defendants, their agents, servants and/or employees to keep and maintain, manage and control the aforementioned establishment in a reasonably good and safe condition, and not to suffer and permit said establishment to become unsafe and dangerous to patrons and/or customers. 20. That at all the times herein mentioned, it was the duty of the defendants, their agents, servants and/or employees to provide clean food preparation areas and clean food. 21. That at all the times herein mentioned, it was the duty of the defendants, their agents, servants and/or employees to supervise providing clean food preparation areas and clean food. 22. That at all the times herein mentioned, it was the duty of the defendants, their agents, servants and/or employees to protect food from contamination with foreign and inedible objects. 23. That at all times herein mentioned, it was the duty of the defendants, their agents, servants and/or employees to maintain the food cleaning equipment in food preparation areas. 4 of 9 FILED: NASSAU COUNTY CLERK 02/28/2023 09:54 AM INDEX NO. 603466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2023 24. That at all times herein mentioned, it was the duty of the defendants, their agents, servants and/or employees to keep the aforesaid premises in a clean and sanitary manner. 25. That at all times herein mentioned, it was the duty of the defendants, their agents, servants and/or employees to not harbor conditions conducive to food contamination 26. That at all times herein mentioned, it was the duty of the defendants, their agents, servants and/or employees to serve the public food that will not injure nor injure the health of the consumer or public. 27. That at all the times herein mentioned, the public had access to the aforementioned premises with the express permission of the defendant FANDOQ RESTAURANT. 28. That at all the times herein mentioned the public has access to the aforementioned premises with the implied permission of the defendant. 29. That at all times herein mentioned, the public, based on advertising by the defendants, was invited to dine in and/or take out food prepared at the defendants’ aforementioned establishment with the express permission of the defendants. 30. That on or about 10/29/2022, plaintiff, while dining on a salad prepared by the defendants’ aforementioned establishment, was caused to sustain serious injuries by consuming a portion of said salad contaminated with foreign objects, particularly shards and/or pieces of glass, and causing the plaintiff to become seriously ill. 31. That the said incident and resulting injuries to the plaintiff were caused through no fault of her own but were solely and wholly by reason of the negligence of the defendants, their agents, servants and/or employees in that the defendants suffered, caused and/or permitted and/or allowed portions of said establishment, to be, become and remain in a dangerous, defective, hazardous, unsafe, condition and in causing, creating and/or 5 of 9 FILED: NASSAU COUNTY CLERK 02/28/2023 09:54 AM INDEX NO. 603466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2023 permitting potentially hazardous and contaminated food to be served to the public and to the plaintiff in particular ; in causing, creating and/or permitting food to be present in the establishment which is or may be contaminated or unfit for human consumption; in failing to properly supervise the protection and preparation of foods in its establishment; in failing to hire and retain in its employ persons qualified in food protection and food preparation; in hiring and retaining in its employ, persons unqualified in food protection and/or food preparation; in failing to train its personnel in the protection and preparation of foods; in failing to properly maintain food preparation equipment; in failing to prevent food contamination; in failing to maintain the establishment and its products in a reasonable state of cleanliness; in failing to clean and maintain its products fit for human consumption; in failing to maintain proper health procedures, and not to suffer or permit said establishment to become unsafe and dangerous to patrons, customers and the public, in particular the plaintiff; in failing to apprise and/or warn the public and in particular the plaintiff of such a dangerous, and/or unsafe condition so as to cause the incident herein complained of; in creating and maintaining a hazard, menace, nuisance and trap thereat and in failing to comply with the statutes, ordinances, rules and regulations especially pursuant to Sect. 14-1.00 of the New York State Sanitary Code (10 N.Y.C.R.R. 14-1.10) made and provided for the safe and proper operation of the establishment. Plaintiff further relies upon the doctrine of Res Ipsa Loquitur. 32. That this action falls within one or more of the exceptions set forth in CPLR 1602. 33. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and permanent injuries, has been and will be caused great bodily injuries and pain, shock, mental anguish; has been and is informed and verily believes maybe permanently injured; 6 of 9 FILED: NASSAU COUNTY CLERK 02/28/2023 09:54 AM INDEX NO. 603466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2023 has and will be prevented from attending to usual duties; has incurred and will incur great expense for medical care and attention; in all to plaintiff's damage, both compensatory and exemplary in an amount which exceeds the jurisdictional limits of all lower courts and which warrants the jurisdiction of this Court. 34. Due to the abovesaid, plaintiff is entitled to damages in the sum which exceeds the sum or value established by 28 USC §1332(a) exclusive of interest and costs. WHEREFORE, the plaintiff demands judgment against the defendant in amounts which exceed the monetary jurisdictional limits of any and all lower Courts which would otherwise have jurisdiction herein, in amounts to be determined upon the trial of this action, together with the costs and disbursements of this action, and with interest from the date of this accident DATED: New York, New York February 24, 2023 Yours, etc. __________________________ PETER MAY, ESQ. SUBIN ASSOCIATES, LLP Attorneys for Plaintiffs 150 Broadway New York, New York 10038 7 of 9 FILED: NASSAU COUNTY CLERK 02/28/2023 09:54 AM INDEX NO. 603466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2023 Westbury, NY 11590 STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) I, the undersigned, an attorney admitted to practice in the courts of New York State, state under penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I have read the foregoing SUMMONS AND COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe to be true. The reason this verification is made by me and not by my client(s), is that my client(s) are not presently in the County where I maintain my offices. The grounds of my belief as to all matters not stated upon my own knowledge are the materials in my file and the investigations conducted by my office. Dated: New York, New York February 24, 2023 _______________________ PETER MAY, ESQ. 8 of 9 FILED: NASSAU COUNTY CLERK 02/28/2023 09:54 AM INDEX NO. 603466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2023 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------X ZINA DVORKINA, Plaintiff, -against- 1610 REALTY HOLDINGS LLC AND FANDOQ RESTAURANT, Defendants. ----------------------------------------------------------------------X = = = = = = = = = = = = = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = = = SUMMONS AND VERIFIED COMPLAINT = = = = = = = = = = = = = = = = = = = = = = = = = = = == = = = = = = = = = = = = = = = = = = = SUBIN ASSOCIATES, LLP Attorney(s) for Plaintiff(s) Address and Telephone Number 150 Broadway 23 Floor New York, New York 10007 (212) 285-3800 File No.: 36116 9 of 9