Preview
FILED: KINGS COUNTY CLERK 03/16/2023 03:20 PM INDEX NO. 508174/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index Number:
-----------------------------------------------------------------Ç
JAMES GEOFFREY, Plaintiff designates
KINGS County
The Place of Trial.
Plaintiff,
-against- SUMMONS
The basis is venue is
Plaintiff's Residence
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Defendants, Plaintiff's Address:
21"
131 East Street, #2M
Brooklyn, NY 11226
----------------------------------------------------------x
Plaintiff DEMANDS TRIAL BY JURY
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 attorney within twenty (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 in the
complaint.
Dated: New York, New York
March_}_L___2023
Yours, etc.,
JasohUIerbert, Esq.
Krentsel Guzman Herbert, LLP.
Attorneys for Plaintiff
17 Battery Place, Suite 604
New York, New York 10004
(212) 227-2900
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Defendants:
SMITELL LLC
28 Liberty Street
New York, NY 10005
SMITELL B-1 LLC
28 Liberty Street
New York, NY 10005
EXTELL DEVELOPMENT COMPANY
77th
805 Third Avenue, FlOOr
New York, NY 10022
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------x
JAMES GEOFFREY, Index No.:
Plaintiff,
-against- VERIFIED COMPLAINT
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Defendants.
----------------------------------------------------------------Ç
Plaintiff, JAMES GEOFFREY, by his attorneys, Krentsel Guzman Herbert, LLP,
complains of the Defendant, and alleges:
AS AND FOR A FIRST CAUSE OF ACTION:
1. At all times herein mentioned, the Plaintiff, JAMES GEOFFREY, was and is
a resident of the COUNTY OF KINGS, State of New York.
2. At all times hereinafter mentioned, Defendant, SMITELL LLC, owned the
57th
premises, on or about January 30, 2023, located at 217 West Street, Apartment 118, County
of New York, State of New York.
3. At all times hereinafter mentioned, Defendant, SMITELL LLC, had an
ownership interest in the aforesaid premises on or about the aforesaid date.
4. At all times hereinafter mentioned, Defendant, SMITELL LLC, controlled the
aforesaid premises on or about the aforesaid date.
5. At all times hereinafter mentioned, Defendant, SMITELL LLC, operated the aforesaid
premises on or about the aforesaid date.
6. At all times hereinafter mentioned, Defendant, SMITELL LLC, maintained the
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aforesaid premises on or about the aforesaid date.
7. At all times hereinafter mentioned, Defendant, SMITELL LLC, repaired the
aforesaid premises on or about the aforesaid date.
8. At all times hereinafter mentioned, Defendant, SMITELL LLC, managed the
aforesaid premises on or about the aforesaid date.
9. Upon information and belief, on or about January 30, 2023, Plaintiff was in the
course of his employment while lawfully at the aforesaid premises when he was
caused to be violently struck by a metal box of frames when moving scaffolding.
10. Upon information and belief, on or about January 30, 2023, Plaintiff,
while at the aforesaid premises, was caused to be injured, due to a dangerous and defective
condition thereat, caused and/or created by the negligence and carelessness of Defendant,
SMITELL LLC.
11. As the result of the aforementioned negligence and carelessness, Plaintiff
was caused to sustain serious injuries and permanent damage.
12. The aforesaid occurrence was caused by and due to the negligence and
carelessness of Defendant, SMITELL LLC, in the ownership, construction, renovation, repair,
control, maintenance, management, supervision, inspection and operation of the aforesaid
premises upon which the Plaintiff was walking; in failing to provide a safe place to work as
required by law and in causing and/or creating a dangerous, defective and unsafe condition
thereat.
13. That by reason of the premises and the wrongful acts and admissions of
Defendant, SMITELL LLC, as afore-mentioned, the Plaintiff was seriously and permanently
injured, suffered and will continue to suffer agony to his body and mind; was and will be unable
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to attend to his usual duties and occupation, all to his damage in an amount to be determined by
the Court.
14. The above-referenced cause of action fall under the New York State Labor Law Sections
200, 240 and 241.
AS AND FOR A SECOND CAUSE OF ACTION:
15. At all times herein mentioned, the Plaintiff, JAMES GEOFFREY, was and is
a resident of the COUNTY OF KINGS, State of New York.
16. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, owned the
57th
premises, on or about January 30, 2023, located at 217 West Street, Apartment 118, County
of New York, State of New York.
17. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, had an ownership
interest in the aforesaid premises on or about the aforesaid date.
18. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, controlled the aforesaid
premises on or about the aforesaid date.
19. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, operated the aforesaid
premises on or about the aforesaid date.
20. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, maintained the aforesaid
premises on or about the aforesaid date.
21. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, repaired the
aforesaid premises on or about the aforesaid date.
22. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, managed the aforesaid
premises on or about the aforesaid date.
23. Upon information and belief, on or about January 30, 2023, Plaintiff was in the course of
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his employment while lawfully at the aforesaid premises when he was caused to be violently
struck by a metal box of frames when moving scaffolding.
24. Upon information and belief, on or about January 30, 2023, Plaintiff,
while at the aforesaid premises, was caused to be injured, due to a dangerous and defective
condition thereat, caused and/or created by the negligence and carelessness of Defendant,
SMITELL B-1 LLC.
245. As the result of the aforementioned negligence and carelessness, Plaintiff
was caused to sustain serious injuries and permanent damage.
26. The aforesaid occurrence was caused by and due to the negligence and
carelessness of Defendant, SMITELL B-1 LLC, in the ownership, construction, renovation,
repair, control, maintenance, management, supervision, inspection and operation of the aforesaid
premises upon which the Plaintiff was walking; in failing to provide a safe place to work as
required by law and in causing and/or creating a dangerous, defective and unsafe condition
thereat.
27. That by reason of the premises and the wrongful acts and admissions of
Defendant, SMITELL B-1 LLC, as afore-mentioned, the Plaintiff was seriously and
permanently injured, suffered and will continue to suffer agony to his body and mind; was and
will be unable to attend to his usual duties and occupation, all to his damage in an amount to be
determined by the Court.
28. The above-referenced cause of action fall under the New York State Labor Law Sections
200, 240 and 241.
AS AND FOR A THIRD CAUSE OF ACTION:
29. At all times herein mentioned, the Plaintiff, JAMES GEOFFREY, was and is
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a resident of the COUNTY OF KINGS, State of New York.
30. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, owned the
57th
premises, on or about January 30, 2023, located at 217 West street, Apartment 118, County
of New York, State of New York.
31. At all times hereinafter mentioned, Defendant, EXTELL DEVELOPMENT
COMPANY, had an ownership interest in the aforesaid premises on or about the aforesaid date.
32. At all times hereinafter mentioned, Defendant, EXTELL DEVELOPMENT COMPANY,
controlled the aforesaid premises on or about the aforesaid date.
33. At all times hereinafter mentioned, Defendant, EXTELL DEVELOPMENT COMPANY
operated the aforesaid premises on or about the aforesaid date.
34. At all times hereinafter mentioned, Defendant, EXTELL DEVELOPMENT COMPANY,
maintained the aforesaid premises on or about the aforesaid date.
35. At all times hereinafter mentioned, Defendant, EXTELL DEVELOPMENT
COMPANY, repaired the aforesaid premises on or about the aforesaid date.
36. At all times hereinafter mentioned, Defendant, EXTELL DEVELOPMENT COMPANY,
managed the aforesaid premises on or about the aforesaid date.
37. Upon information and belief, on or about January 30, 2023, Plaintiff was in the course of
his employment while lawfully at the aforesaid premises when he was caused to be violently
struck by a metal box of frames when moving scaffolding.
38. Upon information and belief, on or about January 30, 2023, Plaintiff,
while at the aforesaid premises, was caused to be injured, due to a dangerous and defective
condition thereat, caused and/or created by the negligence and carelessness of Defendant,
EXTELL DEVELOPMENT COMPANY.
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39. As the result of the aforementioned negligence and carelessness, Plaintiff
was caused to sustain serious injuries and permanent damage.
40. The aforesaid occurrence was caused by and due to the negligence and
carelessness of Defendant, EXTELL DEVELOPMENT COMPANY, in the ownership,
construction, renovation, repair, control, maintenance, management, supervision, inspection and
operation of the aforesaid premises upon which the Plaintiff was walking; in failing to provide a
safe place to work as required by law and in causing and/or creating a dangerous, defective and
unsafe condition thereat.
41. That by reason of the premises and the wrongful acts and admissions of
Defendant, EXTELL DEVELOPMENT COMPANY, as afore-mentioned, the Plaintiff was
seriously and permanently injured, suffered and will continue to suffer agony to his body and
mind; was and will be unable to attend to his usual duties and occupation, all to his damage in an
amount to be determined by the Court.
42. The above-referenced cause of action fall under the New York State Labor Law Sections
200, 240 and 241.
WHEREFORE, Plaintiff demands judgment against Defendants, SMITELL LLC, SMITELL
B-1 LLC, and EXTELL DEVELOPMENT COMPANY, and in an amount determined by the
Court on the foregoing Causes of Action; in the amount that exceeds the jurisdiction of the lower
Courts, together with the costs and disbursements of this action.
Dated: New Y yk, New York
March b 2023
Yours, etc.,
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Jason T. Herbert, Esq.
Krentsel Guzman Herbert, LLP.
Attorneys for Plaintiff
17 Battery Place, Suite 604
New York, New York 10004
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ATTORNEY VERIFICAT ION
JASON T. HERBERT, an attorney at law, duly admitted to
practice in the Courts of the State of New York, affirms
under the penalties of perjury that:
He is the attorney for the plaintiff(s) in the above
entitled action. That he has read the foregoing VERIFIED
COMPLAINT and knows the contents thereof, and upon information
and belief, deponent believes the matters alleged therein to be
true.
The reason this Verification is made by deponent and not by
the plaintiff(s) is that the plaintiff(s) herein reside(s) in a
county other than the one in which the plaintiff's attorneys
maintain their office.
The source of deponent's information and the grounds of his
belief are communication, papers, reports and investigation
contained in the file.
DATED: New Yo k New York
2023
March\
JASON T. HERBERT, Esq.
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Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
=========-======-=========================
JAMES GEOFFREY,
Plaintiff(s),
-against-
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Defendant(s).
=============================================
SUMMONS AND VERIFIED COMPLAINT
===========================-===============
KRENTSEL & GUZMAN, LLP.
Attorneys for : Plaintiff(s)
Office and Post Office Address, Telephone
17 Battery Place, Suite 604
New York, New York 10004
(212) 227-2900
==============================================
To
Attorney(s) for
Service of a copy of the within
is hereby admitted.
Dated,
Attorney(s) for
==============================================
PLEASE TAKE NOTICE:
O NOTICE OF ENTRY
that the within is a (certified) true copy of a
duly entered in the office of the clerk of the within name court on 19
O NOTICE OF SETTLEMENT
that an order of which the within is a true copy
will be presented for settlement to the HON. one of the judges of the
within named Court, at
on at M.
Dated,
Yours, etc.
KRENTSEL & GUZMAN, LLP.
=================================================
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Preview
FILED: KINGS COUNTY CLERK 03/16/2023 03:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index Number: -----------------------------------------------------------------Ç JAMES GEOFFREY, Plaintiff designates KINGS County The Place of Trial. Plaintiff, -against- SUMMONS The basis is venue is Plaintiff's Residence SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Defendants, Plaintiff's Address: 21" 131 East Street, #2M Brooklyn, NY 11226 ----------------------------------------------------------x Plaintiff DEMANDS TRIAL BY JURY 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 attorney within twenty (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 in the complaint. Dated: New York, New York March_}_L___2023 Yours, etc., JasohUIerbert, Esq. Krentsel Guzman Herbert, LLP. Attorneys for Plaintiff 17 Battery Place, Suite 604 New York, New York 10004 (212) 227-2900 1 of 11 FILED: KINGS COUNTY CLERK 03/16/2023 03:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2023 Defendants: SMITELL LLC 28 Liberty Street New York, NY 10005 SMITELL B-1 LLC 28 Liberty Street New York, NY 10005 EXTELL DEVELOPMENT COMPANY 77th 805 Third Avenue, FlOOr New York, NY 10022 2 of 11 FILED: KINGS COUNTY CLERK 03/16/2023 03:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------x JAMES GEOFFREY, Index No.: Plaintiff, -against- VERIFIED COMPLAINT SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Defendants. ----------------------------------------------------------------Ç Plaintiff, JAMES GEOFFREY, by his attorneys, Krentsel Guzman Herbert, LLP, complains of the Defendant, and alleges: AS AND FOR A FIRST CAUSE OF ACTION: 1. At all times herein mentioned, the Plaintiff, JAMES GEOFFREY, was and is a resident of the COUNTY OF KINGS, State of New York. 2. At all times hereinafter mentioned, Defendant, SMITELL LLC, owned the 57th premises, on or about January 30, 2023, located at 217 West Street, Apartment 118, County of New York, State of New York. 3. At all times hereinafter mentioned, Defendant, SMITELL LLC, had an ownership interest in the aforesaid premises on or about the aforesaid date. 4. At all times hereinafter mentioned, Defendant, SMITELL LLC, controlled the aforesaid premises on or about the aforesaid date. 5. At all times hereinafter mentioned, Defendant, SMITELL LLC, operated the aforesaid premises on or about the aforesaid date. 6. At all times hereinafter mentioned, Defendant, SMITELL LLC, maintained the 3 of 11 FILED: KINGS COUNTY CLERK 03/16/2023 03:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2023 aforesaid premises on or about the aforesaid date. 7. At all times hereinafter mentioned, Defendant, SMITELL LLC, repaired the aforesaid premises on or about the aforesaid date. 8. At all times hereinafter mentioned, Defendant, SMITELL LLC, managed the aforesaid premises on or about the aforesaid date. 9. Upon information and belief, on or about January 30, 2023, Plaintiff was in the course of his employment while lawfully at the aforesaid premises when he was caused to be violently struck by a metal box of frames when moving scaffolding. 10. Upon information and belief, on or about January 30, 2023, Plaintiff, while at the aforesaid premises, was caused to be injured, due to a dangerous and defective condition thereat, caused and/or created by the negligence and carelessness of Defendant, SMITELL LLC. 11. As the result of the aforementioned negligence and carelessness, Plaintiff was caused to sustain serious injuries and permanent damage. 12. The aforesaid occurrence was caused by and due to the negligence and carelessness of Defendant, SMITELL LLC, in the ownership, construction, renovation, repair, control, maintenance, management, supervision, inspection and operation of the aforesaid premises upon which the Plaintiff was walking; in failing to provide a safe place to work as required by law and in causing and/or creating a dangerous, defective and unsafe condition thereat. 13. That by reason of the premises and the wrongful acts and admissions of Defendant, SMITELL LLC, as afore-mentioned, the Plaintiff was seriously and permanently injured, suffered and will continue to suffer agony to his body and mind; was and will be unable 4 of 11 FILED: KINGS COUNTY CLERK 03/16/2023 03:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2023 to attend to his usual duties and occupation, all to his damage in an amount to be determined by the Court. 14. The above-referenced cause of action fall under the New York State Labor Law Sections 200, 240 and 241. AS AND FOR A SECOND CAUSE OF ACTION: 15. At all times herein mentioned, the Plaintiff, JAMES GEOFFREY, was and is a resident of the COUNTY OF KINGS, State of New York. 16. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, owned the 57th premises, on or about January 30, 2023, located at 217 West Street, Apartment 118, County of New York, State of New York. 17. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, had an ownership interest in the aforesaid premises on or about the aforesaid date. 18. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, controlled the aforesaid premises on or about the aforesaid date. 19. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, operated the aforesaid premises on or about the aforesaid date. 20. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, maintained the aforesaid premises on or about the aforesaid date. 21. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, repaired the aforesaid premises on or about the aforesaid date. 22. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, managed the aforesaid premises on or about the aforesaid date. 23. Upon information and belief, on or about January 30, 2023, Plaintiff was in the course of 5 of 11 FILED: KINGS COUNTY CLERK 03/16/2023 03:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2023 his employment while lawfully at the aforesaid premises when he was caused to be violently struck by a metal box of frames when moving scaffolding. 24. Upon information and belief, on or about January 30, 2023, Plaintiff, while at the aforesaid premises, was caused to be injured, due to a dangerous and defective condition thereat, caused and/or created by the negligence and carelessness of Defendant, SMITELL B-1 LLC. 245. As the result of the aforementioned negligence and carelessness, Plaintiff was caused to sustain serious injuries and permanent damage. 26. The aforesaid occurrence was caused by and due to the negligence and carelessness of Defendant, SMITELL B-1 LLC, in the ownership, construction, renovation, repair, control, maintenance, management, supervision, inspection and operation of the aforesaid premises upon which the Plaintiff was walking; in failing to provide a safe place to work as required by law and in causing and/or creating a dangerous, defective and unsafe condition thereat. 27. That by reason of the premises and the wrongful acts and admissions of Defendant, SMITELL B-1 LLC, as afore-mentioned, the Plaintiff was seriously and permanently injured, suffered and will continue to suffer agony to his body and mind; was and will be unable to attend to his usual duties and occupation, all to his damage in an amount to be determined by the Court. 28. The above-referenced cause of action fall under the New York State Labor Law Sections 200, 240 and 241. AS AND FOR A THIRD CAUSE OF ACTION: 29. At all times herein mentioned, the Plaintiff, JAMES GEOFFREY, was and is 6 of 11 FILED: KINGS COUNTY CLERK 03/16/2023 03:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2023 a resident of the COUNTY OF KINGS, State of New York. 30. At all times hereinafter mentioned, Defendant, SMITELL B-1 LLC, owned the 57th premises, on or about January 30, 2023, located at 217 West street, Apartment 118, County of New York, State of New York. 31. At all times hereinafter mentioned, Defendant, EXTELL DEVELOPMENT COMPANY, had an ownership interest in the aforesaid premises on or about the aforesaid date. 32. At all times hereinafter mentioned, Defendant, EXTELL DEVELOPMENT COMPANY, controlled the aforesaid premises on or about the aforesaid date. 33. At all times hereinafter mentioned, Defendant, EXTELL DEVELOPMENT COMPANY operated the aforesaid premises on or about the aforesaid date. 34. At all times hereinafter mentioned, Defendant, EXTELL DEVELOPMENT COMPANY, maintained the aforesaid premises on or about the aforesaid date. 35. At all times hereinafter mentioned, Defendant, EXTELL DEVELOPMENT COMPANY, repaired the aforesaid premises on or about the aforesaid date. 36. At all times hereinafter mentioned, Defendant, EXTELL DEVELOPMENT COMPANY, managed the aforesaid premises on or about the aforesaid date. 37. Upon information and belief, on or about January 30, 2023, Plaintiff was in the course of his employment while lawfully at the aforesaid premises when he was caused to be violently struck by a metal box of frames when moving scaffolding. 38. Upon information and belief, on or about January 30, 2023, Plaintiff, while at the aforesaid premises, was caused to be injured, due to a dangerous and defective condition thereat, caused and/or created by the negligence and carelessness of Defendant, EXTELL DEVELOPMENT COMPANY. 7 of 11 FILED: KINGS COUNTY CLERK 03/16/2023 03:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2023 39. As the result of the aforementioned negligence and carelessness, Plaintiff was caused to sustain serious injuries and permanent damage. 40. The aforesaid occurrence was caused by and due to the negligence and carelessness of Defendant, EXTELL DEVELOPMENT COMPANY, in the ownership, construction, renovation, repair, control, maintenance, management, supervision, inspection and operation of the aforesaid premises upon which the Plaintiff was walking; in failing to provide a safe place to work as required by law and in causing and/or creating a dangerous, defective and unsafe condition thereat. 41. That by reason of the premises and the wrongful acts and admissions of Defendant, EXTELL DEVELOPMENT COMPANY, as afore-mentioned, the Plaintiff was seriously and permanently injured, suffered and will continue to suffer agony to his body and mind; was and will be unable to attend to his usual duties and occupation, all to his damage in an amount to be determined by the Court. 42. The above-referenced cause of action fall under the New York State Labor Law Sections 200, 240 and 241. WHEREFORE, Plaintiff demands judgment against Defendants, SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, and in an amount determined by the Court on the foregoing Causes of Action; in the amount that exceeds the jurisdiction of the lower Courts, together with the costs and disbursements of this action. Dated: New Y yk, New York March b 2023 Yours, etc., 8 of 11 FILED: KINGS COUNTY CLERK 03/16/2023 03:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2023 Jason T. Herbert, Esq. Krentsel Guzman Herbert, LLP. Attorneys for Plaintiff 17 Battery Place, Suite 604 New York, New York 10004 9 of 11 FILED: KINGS COUNTY CLERK 03/16/2023 03:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2023 ATTORNEY VERIFICAT ION JASON T. HERBERT, an attorney at law, duly admitted to practice in the Courts of the State of New York, affirms under the penalties of perjury that: He is the attorney for the plaintiff(s) in the above entitled action. That he has read the foregoing VERIFIED COMPLAINT and knows the contents thereof, and upon information and belief, deponent believes the matters alleged therein to be true. The reason this Verification is made by deponent and not by the plaintiff(s) is that the plaintiff(s) herein reside(s) in a county other than the one in which the plaintiff's attorneys maintain their office. The source of deponent's information and the grounds of his belief are communication, papers, reports and investigation contained in the file. DATED: New Yo k New York 2023 March\ JASON T. HERBERT, Esq. 10 of 11 FILED: KINGS COUNTY CLERK 03/16/2023 03:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2023 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS =========-======-========================= JAMES GEOFFREY, Plaintiff(s), -against- SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Defendant(s). ============================================= SUMMONS AND VERIFIED COMPLAINT ===========================-=============== KRENTSEL & GUZMAN, LLP. Attorneys for : Plaintiff(s) Office and Post Office Address, Telephone 17 Battery Place, Suite 604 New York, New York 10004 (212) 227-2900 ============================================== To Attorney(s) for Service of a copy of the within is hereby admitted. Dated, Attorney(s) for ============================================== PLEASE TAKE NOTICE: O NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within name court on 19 O NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named Court, at on at M. Dated, Yours, etc. KRENTSEL & GUZMAN, LLP. ================================================= 11 of 11