Preview
(FILED: KINGS. COUNTY CLERK 1270272016 03:24 PM INDEX NO. 521435/4016
NYSCEF DOC. NO RECEIVED NYSCEF: 12/02/2016
SUPREME COURT OF THE STATE OF NEW YORK Index No:
COUNTY OF KINGS Date Filed:
"EN!
SHARI MCCLEAN, SUMMONS
Plaintiff(s), Plaintiff(s) designate(s)
-against- KINGS County
as the place of trial.
The basis of the venue is:
SACKMAN REALTY, LLC Plaintiff's Residence
Defendant(s),
EF Plaintiff Resides at:
79 Woodruff Avenue, Apt. 4C
Brooklyn, New York 11226
To the above named Defendant(s)
YOU ARE HEREBY SUMMONED 10 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 Atorney(s) 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 in the
complaint.
Dated, December 2, 2016
Defendants address: LURIE & FLATOW, P.C.
Attorneys for Plaintiff
SACKMAN REALTY, LLC
1303 53" Street, Suite 308 >
Kings, New York 11219 By: a
JAY FLATOW
420 Lexington Avenue, Suite 2920
New York, New York 10170-0002
(212) 687-1600SUPREME COURT STATE OF NEW YORK
COUNTY OF KINGS
cacenneenennnnnnncennnnnnennnnecnensnenaeeenennereeennnneeeneenenemmnnnenen
SHARI MCCLEAN,
VERIFIED
Plaintifi(s), COMPLAINT
-against-
SACKMAN REALTY, LLC
Defendant(s),
Plaintiff, SHARI MCCLEAN, complaining of the Defendant, by her attorneys, LURIE &
FLATOW, P.C., upon information and belief, allege as follows:
1. It is hereby alleged, pursuant to CPLR 1603, that this action is exempt from the
operation of CPLR 1601 by reason of one or more exemptions provided in CPLR 1602.
2. That at all times hereinafter mentioned, Plaintiff, SHARI MCCLEAN, was and still is
a resident of the County of Kings, City and State of New York.
3. That at all times hereinafter mentioned, Defendant, SACKMAN REALTY, LLC, was
and still is a domestic limited liability company duly organized and existing under and by virtue
of the laws of the State of New York.
4, That at all times hereinafter mentioned, Defendant, SACKMAN REALTY, LLC, was
and still is a limited liability company doing business in the State of New York.
5. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC,
was and still is an unincorporated business entity, doing business within the State of New York.
6. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC,
owned the premises located at 10 Sackman Street, in the County of Kings, City and State of New
York.7. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC,
operated the premises known as 10 Sackman Street, in the County of Kings, City and State of
New York.
8. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC,
maintained the premises located at 10 Sackman Street, in the County of Kings, City and State of
New York.
9. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC,
managed the premises located at 10 Sackman Street, in the County of Kings, City and State of
New York.
10. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC,
controlled the premises located at 10 Sackman Street, in the County of Kings, City and State of
New York,
11. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC,
leased the premises located at 10 Sackman Street, in the County of Kings, City and State of New
York.
12. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC,
rented the premises located at 10 Sackman Street, in the County of Kings, City and State of New
York.
13. That on or about July 31, 2015, Plaintiff, SHARI MCCLEAN, was lawfully within
apartment 10 of the premises known as 10 Sackman Street, in the County of Kings, City and
State of New York, when, as a result of the negligence, carelessness and recklessness of the
Defendant in the ownership, operation, maintenance, repair, management and/or control of said
premises, a portion of the bathroom ceiling of the aforesaid apartment fell upon and struckPlaintiff, SHARI MCCLEAN, causing her to be violently precipitated thereat and to sustain the
severe and serious injuries and damages as hereinafter set forth.
14. That the aforesaid accident, and the injuries suffered by the Plaintiff, SHARI
MCCLEAN, was caused solely and wholly by reason of the negligence, carelessness and
recklessness of the Defendant in the ownership, operation, maintenance, repair, management
and/or control of the premises located at 10 Sackman Street, in the County of Kings, City and
State of New York, and the ceiling within apartment 10 thereat, and in causing and creating the
condition complained of and/or in failing to properly repair or remedy same and which condition
the Defendant failed to correct despite prior actual and/or constructive notice and/or
acknowledgment, and such condition constituted a nuisance and was due to no fault or lack of
care on the part of the Plaintiff, SHAR] MCCLEAN.
15. That by reason of the foregoing, the Plaintiff, SHARI MCCLEAN, suffered severe
and serious injuries to her head, body and limbs, and became and is sore, sick, lame and disabled
and suffered and still suffers great physical pain and nervous shock, some of which injuries will
be permanent in nature, and by reason thereof the Plaintiff was caused to be confined to a
hospital and thereafter to her bed and home for a long period of time and was caused to and did
seek medical aid, treatment and attention in an endeavor to be cured of her said injuries, and was
further caused to abstain from her usual vocation and daily activities and to incur lost wages and
other expenses.
16. That by reason of the foregoing, Plaintiff, SHARI MCCLEAN, is entitled to recover
all her damages from the Defendants pursuant to CPLR 3017 (c), the amount of which exceeds
the jurisdictional limits of all lower courts.WHEREFORE, pursuant to CPLR 3017(c), Plaintiff demands from the Defendant that
she be awarded all damages and relief to which she is entitled, together with the costs and
disbursements of this action.
Dated: New York, New York
December 2, 2016
Yours, etc.,
LURIE & FLATOW, P.C.
Attorneys for Plaintiff
a
BY: [————*
JAY FLATOW
420 Lexington Avenue, Suite 2920
New York, New York 10170-0002
(212) 687-1600
Preview
(FILED: KINGS. COUNTY CLERK 1270272016 03:24 PM INDEX NO. 521435/4016 NYSCEF DOC. NO RECEIVED NYSCEF: 12/02/2016 SUPREME COURT OF THE STATE OF NEW YORK Index No: COUNTY OF KINGS Date Filed: "EN! SHARI MCCLEAN, SUMMONS Plaintiff(s), Plaintiff(s) designate(s) -against- KINGS County as the place of trial. The basis of the venue is: SACKMAN REALTY, LLC Plaintiff's Residence Defendant(s), EF Plaintiff Resides at: 79 Woodruff Avenue, Apt. 4C Brooklyn, New York 11226 To the above named Defendant(s) YOU ARE HEREBY SUMMONED 10 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 Atorney(s) 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 in the complaint. Dated, December 2, 2016 Defendants address: LURIE & FLATOW, P.C. Attorneys for Plaintiff SACKMAN REALTY, LLC 1303 53" Street, Suite 308 > Kings, New York 11219 By: a JAY FLATOW 420 Lexington Avenue, Suite 2920 New York, New York 10170-0002 (212) 687-1600SUPREME COURT STATE OF NEW YORK COUNTY OF KINGS cacenneenennnnnnncennnnnnennnnecnensnenaeeenennereeennnneeeneenenemmnnnenen SHARI MCCLEAN, VERIFIED Plaintifi(s), COMPLAINT -against- SACKMAN REALTY, LLC Defendant(s), Plaintiff, SHARI MCCLEAN, complaining of the Defendant, by her attorneys, LURIE & FLATOW, P.C., upon information and belief, allege as follows: 1. It is hereby alleged, pursuant to CPLR 1603, that this action is exempt from the operation of CPLR 1601 by reason of one or more exemptions provided in CPLR 1602. 2. That at all times hereinafter mentioned, Plaintiff, SHARI MCCLEAN, was and still is a resident of the County of Kings, City and State of New York. 3. That at all times hereinafter mentioned, Defendant, SACKMAN REALTY, LLC, was and still is a domestic limited liability company duly organized and existing under and by virtue of the laws of the State of New York. 4, That at all times hereinafter mentioned, Defendant, SACKMAN REALTY, LLC, was and still is a limited liability company doing business in the State of New York. 5. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC, was and still is an unincorporated business entity, doing business within the State of New York. 6. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC, owned the premises located at 10 Sackman Street, in the County of Kings, City and State of New York.7. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC, operated the premises known as 10 Sackman Street, in the County of Kings, City and State of New York. 8. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC, maintained the premises located at 10 Sackman Street, in the County of Kings, City and State of New York. 9. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC, managed the premises located at 10 Sackman Street, in the County of Kings, City and State of New York. 10. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC, controlled the premises located at 10 Sackman Street, in the County of Kings, City and State of New York, 11. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC, leased the premises located at 10 Sackman Street, in the County of Kings, City and State of New York. 12. That at all times hereinafter mentioned, the Defendant, SACKMAN REALTY, LLC, rented the premises located at 10 Sackman Street, in the County of Kings, City and State of New York. 13. That on or about July 31, 2015, Plaintiff, SHARI MCCLEAN, was lawfully within apartment 10 of the premises known as 10 Sackman Street, in the County of Kings, City and State of New York, when, as a result of the negligence, carelessness and recklessness of the Defendant in the ownership, operation, maintenance, repair, management and/or control of said premises, a portion of the bathroom ceiling of the aforesaid apartment fell upon and struckPlaintiff, SHARI MCCLEAN, causing her to be violently precipitated thereat and to sustain the severe and serious injuries and damages as hereinafter set forth. 14. That the aforesaid accident, and the injuries suffered by the Plaintiff, SHARI MCCLEAN, was caused solely and wholly by reason of the negligence, carelessness and recklessness of the Defendant in the ownership, operation, maintenance, repair, management and/or control of the premises located at 10 Sackman Street, in the County of Kings, City and State of New York, and the ceiling within apartment 10 thereat, and in causing and creating the condition complained of and/or in failing to properly repair or remedy same and which condition the Defendant failed to correct despite prior actual and/or constructive notice and/or acknowledgment, and such condition constituted a nuisance and was due to no fault or lack of care on the part of the Plaintiff, SHAR] MCCLEAN. 15. That by reason of the foregoing, the Plaintiff, SHARI MCCLEAN, suffered severe and serious injuries to her head, body and limbs, and became and is sore, sick, lame and disabled and suffered and still suffers great physical pain and nervous shock, some of which injuries will be permanent in nature, and by reason thereof the Plaintiff was caused to be confined to a hospital and thereafter to her bed and home for a long period of time and was caused to and did seek medical aid, treatment and attention in an endeavor to be cured of her said injuries, and was further caused to abstain from her usual vocation and daily activities and to incur lost wages and other expenses. 16. That by reason of the foregoing, Plaintiff, SHARI MCCLEAN, is entitled to recover all her damages from the Defendants pursuant to CPLR 3017 (c), the amount of which exceeds the jurisdictional limits of all lower courts.WHEREFORE, pursuant to CPLR 3017(c), Plaintiff demands from the Defendant that she be awarded all damages and relief to which she is entitled, together with the costs and disbursements of this action. Dated: New York, New York December 2, 2016 Yours, etc., LURIE & FLATOW, P.C. Attorneys for Plaintiff a BY: [————* JAY FLATOW 420 Lexington Avenue, Suite 2920 New York, New York 10170-0002 (212) 687-1600