Preview
FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E
Index Number: 305540-2012
FILED Juh 26 Clerk
2012 Bronx County
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022
SUPRE dE COURT OF THE STATE OF NEW YORK
COUN1 Y OF BRONX
---- ----------------------------------------------------X Index No.:
NADIN C BROOKS,
Plaintiff,
SUMMONS
Plaintiff designates
- against - Bronx as
County
the place of trial
The basis of venue is
Plaintiff's Address
S AWN DELMORE, CAPRI LANDSCAPING, INC.,
ahd THE CITY OF NEW YORK, Plaintiff's Address:
1366 Lyman Place, Apt. 3A
Defendint(s). Bronx, New York 19459
-- _______.._.._______--------._______----------------------X
T the ab3ve named Defendant(s):
Y 3U ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a opy of your answer, or if the complaint is not served with this summons, to serve a notice of
a pearan e, on the Plaintiff's Attomey within 20 days after the service of this summons,
e clusive of the day of service (or within 30 days after the service is complete if this summons is
nqt perso1ally delivered to you within the State of New York); and in case of your failure to
ap ear or answer, judgment will be taken against you by or he relief demanded in the
c plain .
Ddted: M neola, New York
Ju le 26, 2012 --
: JASO A. G ERG, ESQ.
L OFFI ON A GREENBERG, P.C.
orney for Plaintiff NA E BROOKS
393 Jericho Tumpike, Suite 08
Mineola, New York 11501
(516) 730-5047
Detfendani(s)'
address(es):
S AWN DELMORE THE CITY OF NEW YORK
13 1 Pros 3ect Avenue OFFICE OF THE COMPTROLLER
Br nx, Ne,v York, 10459 1 Centre Street, Suite 1225
New York, New York 10007
CARRIER***
**PLEASE G VE THESE PAPERS TO YOUR INSURANCE
1 of 17
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CountyClerk
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022
FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E
FILED Jun 26 2012 Bronx Clerk County
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022
CAPRI ) ANDSCAPING, INC.
4005 Victory Boulevard
Staten Island, New York 10314
***PLEASE GIVE THESE PAPERS TO YOUR INSURANCE CARRIER***
!
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022
SUPRE dE COURT OF THE STATE OF NEW YORK
COUN1 Y OF BRONX
------- ---·---------------------------------------------X Index No.:
NADINE BROOKS,
Plaintiff, VERIFIED COMPLAINT
- agamst -
SNAW1% DELMORE, CAPRI LANDSCAPING, INC.,
ahd THE CITY OF NEW YORK,
Defendant(s).
_ _____..____________.-------·-----------------------X
PLAINTIFF, by her attorney, THE LAW OFFICES OF JASON A. GREENBERG,
P C., complaining of the Defendant(s) herein, hereby alleges upon information and belief, the
f llowing
AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF
PLAINTIFF AGAINST DEFENDANT, SHAWN DELMORE
1. That at all times hereinafter mentioned, particularly March 29, 2011, Plaintiff,
N DINI BROOKS, was, and still is, a resident of the County of Bronx, State of New York.
2. That at all times hereinafter mentioned, particularly March 29, 2011, Plaintiff,
N DINI BROOKS, did and still does maintain a residence at I366 Lyman Place, Apt. 3A,
Bronx, N:w York 10459.
3. , That upon information and belief, and at all times relevant hereto, particularly
March 2£ 2011, Defendant, SHAWN DELMORE, was, and may continue to be, a resident of
13 1 Pror pect Avenue, Bronx, New York 10459.
4. That upon information and belief, at all times hereinafter mentioned, particularly
March 25, 2011, Defendant, SHAWN DELMORE, owned the premises, located at 1371
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022
Prospec1 Avenue, Bronx, New York 10459 (hereinafter referred to as the "subject premises").
5, That at all times relevant hereto, Defendant, SHAWN DELMORE, his agents,
assignee3, managers, servants, and/or employees operated the subject premises.
6 That at all times relevant hereto, Defendant, SHAWN DELMORE, his agents,
assignee;, managers, servants, and/or employees maintained the subject premises.
7 That at all times relevant hereto, Defendant, SHAWN DELMORE, his agents,
a signee ;, managers, servants, and/or employees controlled the subject premises. controlled the
s bject premises.
8 That at all times relevant hereto, Defendant, SHAWN DELMORE, his his
agents, a isignees, managers, servants, and/or employees, managed the subject premises.
9 That at all times relevant hereto, Defendant, SHAWN DELMORE, his agents,
aÆsignee: managers, servants, and/or employees, inspected the subject premises.
1 . That at all times relevant hereto, Defendant, SHAWN DELMORE, his agents,
a signee , managers, servants, and/or employees, supervised the subject premises.
11. That at all times relevant hereto, Defendant, SHAWN DELMORE, his agents,
a signee managers, servants, and/or employees, performed repairs at the subject premises.
1 . That at all times hereinafter mentioned, Defendant, SHAWN DELMORE, his
his agent:, assignees, managers, servants, and/or employees had the duty to maintain, operate,
repair and control the aforesaid curb and/or tree-
manage, nspect, supervise, sidewalk, adjoining
well area.
13 That at all times hereinafter mentioned, Defendant, SHAWN DELMORE, his
his agent:, assignees, managers, servants, and/or employees breached their duty to properly
n¼intain, operate, manage, inspect, supervise, repair and control the aforesaid sidewalk, curb
4 of 17
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atid/or a( joining tree-well area.
16. That on or about March 29, 2011, Plaintiff, NADINE BROOKS, was lawfully
traversin ; the sidewalk, curb and/or adjoining tree-well area. of the subject premises.
1: . That on or about March 29, 2011, Plaintiff, NADINE BROOKS, was lawfully
aÆd caref ally traversing the sidewalk, curb and/or adjoining tree-well area of the subject premises
hereinabove described, when she was caused to trip and fall as a result of dangerous and
hezardou ; conditions, resulting in serious personal injuries herein.
1L That above mentioned occurrence, and the results thereof, were caused by the
Defendants'
jo nt, sev eral and concurrent negligence of the Defendants and/or said agents,
assignees managers, servants, employees and/or licensees in the ownership, operation,
m nagem ent, supervision, maintenance, control, inspection and repair of the subject premises.
17 That Defendant, SHAWN DELMORE, his agents, assignees, managers,
se vants, ind/or employees were reckless, careless and negligent in the ownership, operation,
m gem nt, maintenance, supervision, inspection, repair and/or control of the sidewalk, curb
an /or ad oining tree-well area; by permitting a dangerous and hazardous condition to exist so
that it was dangerous for persons, in particular, this Plaintiff; by failing to keep the said sidewalk,
cu b and/< r adjoining tree-well area. in a reasonably safe condition; by permitting said sidewalk,
curb and/or adjoining tree-well area. to become dangerous for persons, and, in particular, to
Plaintiff, NADINE BROOKS; by causing and allowing said sidewalk, curb and/or adjoining
tree-well t rea to become and remain in a defective, hazardous and/or dangerous condition; in
failing to ake any measures, precautions and/or safeguards to keep the sidewalk, curb and/or
adjbining ree-well area in a reasonably safe condition; by failing to place barricades and/or exit
sighs witt warnings for persons lawfully present on said sidewalk; in particular, Plaintiff,
5 of 17
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022
NADINT BROOKS; in allowing said sidewalk, curb and/or adjoining tree-well area. to remain
in dange ous. hazardous and/or defective condition for an unreasonable period of time; in failing
tD the aforesaid sidewalk, curb and/or adjoining tree-well area in a reasonably safe
keep
cþndition prior to, and including, March 29. 2011; in allowing, permitting and/or creating an
unusual md dangerous condition it unsafe in said curb and/or tree-
making sidewalk, adjoining
well aret; in failing to warn the Plaintiff of the dangers inherent therein which were likely to
c use in ury to this Plaintiff; by creating and allowing to remain the dangerous and hazardous
c nditior herein; and Defendant was otherwise careless, reckless and negligent with regard to the
siklewalk curb and/or adjoining tree-well area where the accident occurred.
10. That the aforesaid incident and the injuries sustained by Plaintiff, NADINE
B OOKS, was caused solely by reason of the negligence of the Defendants, its agents,
a signees managers, servants, employees and without any negligence or fault on the part of the
P aintiff eontributing thereto.
15. That Defendant, its agents, assignees, managers, servants, employees had actual
netice of he aforementioned dangerous and defective condition.
2C. That Defendant, its agents, assignees, managers, servants, employees had
ednstruct ve notice of the aforementioned dangerous and defective condition.
21L That as a result of the foregoing, Plaintiff, NADINE BROOKS, sustained
serious, s :vere and permanent personal injuries and was rendered sick, sore, lame, and disabled;
Plgintiff, NADINE BROOKS, was caused to suffer great physical pain, mental anguish,
di comfor t, and disability and will continue to suffer pain. anguish, discomfort, and disability in
th future Plaintiff, NADINE BROOKS, was caused to undergo hospital and medical care, aid,
and treatn tent, and may continue to undergo medical care, aid and treatment for a long period of
6 of 17
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time to come in the future; Plaintiff, NADINE BROOKS, incurred large sums of expenses for
medical care, aid, and attention and may continue to incur large sums of expenses for future
reedical care, aid, and attention; Plaintiff, NADINE BROOKS, was further caused to become
incapaci ated from and hindered in the progress other usual pursuits, duties, and activities and
may continue to be hindered in her pursuits, duties, and activities for a long period of time to
cbme in he future.
21. That as a result of the foregoing, Plaintiff, NADINE BROOKS, has been
d aged in an amount which exceeds the jurisdictional limits of all lower courts which would
otherwisa have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF
OF PLAINTIFF AGAINST DEFENDANT, CARPI LANDSCAPING, INC.
!
2 . Plaintiff repeats, reiterates and realleges each and every allegation contained in
"i" "22"
påragrap is through of the Verified Complaint as though the same were more fully set
f rth at I ngth herein.
2 . That at all times hereinafter mentioned, Defendant, CAPRI LANDSCAPING,
I C., wa), and still is, a domestic corporation duly organized under and by virtue of the laws of
th State hf New York.
2±. That at all times hereinafter mentioned, Defendant, CAPRI LANDSCAPING,
INC., wa;, and still is, a foreign corporation authorized to do business in the State of New York.
26 That at all times hereinafter mentioned, Defendant, CAPRI LANDSCAPING,
IlNC., wa:, and still is, a foreign limited liability company authorized to do business in the State
of New York.
27 That at all times hereinafter mentioned, Defendant, CAPRI LANDSCAPING,
7 of 17
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022
INC., d d and continues to do business in and/or with the City and/or State of New York and
derives s Ibstantial financial game from same.
21. That on March 29, 2011, and at all times herein mentioned, the sidewalk. curb
and/or ad joining tree-well area in front of 1371 Prospect Avenue, located in the City and State of
N w Yorl., was a public sidewalk, curb and/or adjoining tree-well area.
25. That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its
a ents, assignees, managers, servants, employees operated the subject premises.
3C. That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its
a nts, servants and/or employees maintained the subject premises.
31, That at all times relevant hereto. Defendant, CAPRI LANDSCAPING, INC., its
agents, as ignees, managers, servants, employees controlled the subject premises.
32 That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its
ag nts, as ignees, managers, servants, employees managed the subject premises.
!
33 That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its
ag nts, ass ignees, managers, servants, employees inspected the subject premises.
34. That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its
agents, assignees, managers, servants, employees supervised the subject premises.
35. That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its
aggnts, assignees, managers. servants, employees performed repairs at the subject premises.
36. That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its
agents, ast ignees, managers, servants, employees performed construction and/or work at the
sub ect premises.
37. That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its
8 of 17
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022
agents, issignees, managers, servants, employees performed tree-well planting at the subject
premise:.
3 L That at all times hereinafter mentioned, Defendant, CAPRI LANDSCAPING,
INC., it: agents, assignees, managers, servants, employees had the duty to maintain, operate,
repair and control the aforesaid curb and/or tree-
n1anage, inspect, supervise, sidewalk, adjoining
well areµ.
39. That at all times hereinafter mentioned, Defendant, CAPRI LANDSCAPING,
I C., it: agents, assignees, managers, servants, employees breached their duty to properly
aintains operate, manage, inspect, supervise, repair and control the aforesaid sidewalk, curb
add/or ad oining tree-well area.
4C. That on or about March 29, 2011, Plaintiff, NADINE BROOKS, was lawfully
trÆversing the aforesaid sidewalk, curb and/or adjoining tree-well area, in front of 1371 Prospect
A enue, beated in the City and State of New York.
41 That on or about March 29, 2011, Plaintiff, NADINE BROOKS, was lawfully
tr versing the aforesaid sidewalk, curb and/or adjoining tree-well area and was caused to trip and
fal as a re sult of a dangerous and hazardous condition.
42 That Defendant, CAPRI LANDSCAPING, INC., its a agents, assignees,
managers, servants, employees were reckless, careless and negligent in the ownership, operation,
management, maintenance, supervision, inspection, repair and control of the sidewalk, curb
andl/or adj3ining tree-well area, by permitting a dangerous and hazardous condition to exist so
tha it was dangerous for persons, in particular, this Plaintiff; by failing to keep the said sidewalk,
cueb and/c r adjoining tree-well area in a reasonably safe condition; by permitting said sidewalk,
curb and/< r adjoining tree-well area to become dangerous for persons, and, in particular, to
9 of 17
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NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022
Plaintiff, NADINE BROOKS; by causing and allowing said sidewalk, curb and/or adjoining
tree-well area to become and remain in a defective, hazardous and/or dangerous condition; in
falling to take any measures, precautions and/or safeguards to keep the sidewalk, curb and/or
adjoining tree-well area in a reasonably safe condition; by failing to place barricades and/or exit
siÆns with warnings for persons present on said curb and/or tree-
lawfully sidewalk, adjoining
wÆIl area in particular, Plaintiff, NADINE BROOKS; in allowing said sidewalk, curb and/or
ad oining tree-well area to remain in dangerous, hazardous and/or defective condition for an
u asonE ble period of time: in failing to keep the aforesaid curb and/or tree-
sidewalk, adjoining
w 11 area in a reasonably safe condition prior to, and including, March 29, 2011; in allowing,
pe ittint and/or creating an unusual and dangerous condition
Preview
FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E Index Number: 305540-2012 FILED Juh 26 Clerk 2012 Bronx County NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022 SUPRE dE COURT OF THE STATE OF NEW YORK COUN1 Y OF BRONX ---- ----------------------------------------------------X Index No.: NADIN C BROOKS, Plaintiff, SUMMONS Plaintiff designates - against - Bronx as County the place of trial The basis of venue is Plaintiff's Address S AWN DELMORE, CAPRI LANDSCAPING, INC., ahd THE CITY OF NEW YORK, Plaintiff's Address: 1366 Lyman Place, Apt. 3A Defendint(s). Bronx, New York 19459 -- _______.._.._______--------._______----------------------X T the ab3ve named Defendant(s): Y 3U ARE HEREBY SUMMONED to answer the complaint in this action and to serve a opy of your answer, or if the complaint is not served with this summons, to serve a notice of a pearan e, on the Plaintiff's Attomey within 20 days after the service of this summons, e clusive of the day of service (or within 30 days after the service is complete if this summons is nqt perso1ally delivered to you within the State of New York); and in case of your failure to ap ear or answer, judgment will be taken against you by or he relief demanded in the c plain . Ddted: M neola, New York Ju le 26, 2012 -- : JASO A. G ERG, ESQ. L OFFI ON A GREENBERG, P.C. orney for Plaintiff NA E BROOKS 393 Jericho Tumpike, Suite 08 Mineola, New York 11501 (516) 730-5047 Detfendani(s)' address(es): S AWN DELMORE THE CITY OF NEW YORK 13 1 Pros 3ect Avenue OFFICE OF THE COMPTROLLER Br nx, Ne,v York, 10459 1 Centre Street, Suite 1225 New York, New York 10007 CARRIER*** **PLEASE G VE THESE PAPERS TO YOUR INSURANCE 1 of 17 ! FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E FILED 26 2012 .Jun Bronx CountyClerk NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022 FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E FILED Jun 26 2012 Bronx Clerk County NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022 CAPRI ) ANDSCAPING, INC. 4005 Victory Boulevard Staten Island, New York 10314 ***PLEASE GIVE THESE PAPERS TO YOUR INSURANCE CARRIER*** ! 2 of 17 FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E FILED 26 2012 Jun Bronx Clerk County NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022 SUPRE dE COURT OF THE STATE OF NEW YORK COUN1 Y OF BRONX ------- ---·---------------------------------------------X Index No.: NADINE BROOKS, Plaintiff, VERIFIED COMPLAINT - agamst - SNAW1% DELMORE, CAPRI LANDSCAPING, INC., ahd THE CITY OF NEW YORK, Defendant(s). _ _____..____________.-------·-----------------------X PLAINTIFF, by her attorney, THE LAW OFFICES OF JASON A. GREENBERG, P C., complaining of the Defendant(s) herein, hereby alleges upon information and belief, the f llowing AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF AGAINST DEFENDANT, SHAWN DELMORE 1. That at all times hereinafter mentioned, particularly March 29, 2011, Plaintiff, N DINI BROOKS, was, and still is, a resident of the County of Bronx, State of New York. 2. That at all times hereinafter mentioned, particularly March 29, 2011, Plaintiff, N DINI BROOKS, did and still does maintain a residence at I366 Lyman Place, Apt. 3A, Bronx, N:w York 10459. 3. , That upon information and belief, and at all times relevant hereto, particularly March 2£ 2011, Defendant, SHAWN DELMORE, was, and may continue to be, a resident of 13 1 Pror pect Avenue, Bronx, New York 10459. 4. That upon information and belief, at all times hereinafter mentioned, particularly March 25, 2011, Defendant, SHAWN DELMORE, owned the premises, located at 1371 3 of 17 FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E Clerk · FILED 2012 Jun Bronx 26 County NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022 Prospec1 Avenue, Bronx, New York 10459 (hereinafter referred to as the "subject premises"). 5, That at all times relevant hereto, Defendant, SHAWN DELMORE, his agents, assignee3, managers, servants, and/or employees operated the subject premises. 6 That at all times relevant hereto, Defendant, SHAWN DELMORE, his agents, assignee;, managers, servants, and/or employees maintained the subject premises. 7 That at all times relevant hereto, Defendant, SHAWN DELMORE, his agents, a signee ;, managers, servants, and/or employees controlled the subject premises. controlled the s bject premises. 8 That at all times relevant hereto, Defendant, SHAWN DELMORE, his his agents, a isignees, managers, servants, and/or employees, managed the subject premises. 9 That at all times relevant hereto, Defendant, SHAWN DELMORE, his agents, aÆsignee: managers, servants, and/or employees, inspected the subject premises. 1 . That at all times relevant hereto, Defendant, SHAWN DELMORE, his agents, a signee , managers, servants, and/or employees, supervised the subject premises. 11. That at all times relevant hereto, Defendant, SHAWN DELMORE, his agents, a signee managers, servants, and/or employees, performed repairs at the subject premises. 1 . That at all times hereinafter mentioned, Defendant, SHAWN DELMORE, his his agent:, assignees, managers, servants, and/or employees had the duty to maintain, operate, repair and control the aforesaid curb and/or tree- manage, nspect, supervise, sidewalk, adjoining well area. 13 That at all times hereinafter mentioned, Defendant, SHAWN DELMORE, his his agent:, assignees, managers, servants, and/or employees breached their duty to properly n¼intain, operate, manage, inspect, supervise, repair and control the aforesaid sidewalk, curb 4 of 17 FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E FILED Jun Bronx Clerk '16 2012 County NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022 atid/or a( joining tree-well area. 16. That on or about March 29, 2011, Plaintiff, NADINE BROOKS, was lawfully traversin ; the sidewalk, curb and/or adjoining tree-well area. of the subject premises. 1: . That on or about March 29, 2011, Plaintiff, NADINE BROOKS, was lawfully aÆd caref ally traversing the sidewalk, curb and/or adjoining tree-well area of the subject premises hereinabove described, when she was caused to trip and fall as a result of dangerous and hezardou ; conditions, resulting in serious personal injuries herein. 1L That above mentioned occurrence, and the results thereof, were caused by the Defendants' jo nt, sev eral and concurrent negligence of the Defendants and/or said agents, assignees managers, servants, employees and/or licensees in the ownership, operation, m nagem ent, supervision, maintenance, control, inspection and repair of the subject premises. 17 That Defendant, SHAWN DELMORE, his agents, assignees, managers, se vants, ind/or employees were reckless, careless and negligent in the ownership, operation, m gem nt, maintenance, supervision, inspection, repair and/or control of the sidewalk, curb an /or ad oining tree-well area; by permitting a dangerous and hazardous condition to exist so that it was dangerous for persons, in particular, this Plaintiff; by failing to keep the said sidewalk, cu b and/< r adjoining tree-well area. in a reasonably safe condition; by permitting said sidewalk, curb and/or adjoining tree-well area. to become dangerous for persons, and, in particular, to Plaintiff, NADINE BROOKS; by causing and allowing said sidewalk, curb and/or adjoining tree-well t rea to become and remain in a defective, hazardous and/or dangerous condition; in failing to ake any measures, precautions and/or safeguards to keep the sidewalk, curb and/or adjbining ree-well area in a reasonably safe condition; by failing to place barricades and/or exit sighs witt warnings for persons lawfully present on said sidewalk; in particular, Plaintiff, 5 of 17 FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E FILED 26 2012 Jun Bronx Clerk County NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022 NADINT BROOKS; in allowing said sidewalk, curb and/or adjoining tree-well area. to remain in dange ous. hazardous and/or defective condition for an unreasonable period of time; in failing tD the aforesaid sidewalk, curb and/or adjoining tree-well area in a reasonably safe keep cþndition prior to, and including, March 29. 2011; in allowing, permitting and/or creating an unusual md dangerous condition it unsafe in said curb and/or tree- making sidewalk, adjoining well aret; in failing to warn the Plaintiff of the dangers inherent therein which were likely to c use in ury to this Plaintiff; by creating and allowing to remain the dangerous and hazardous c nditior herein; and Defendant was otherwise careless, reckless and negligent with regard to the siklewalk curb and/or adjoining tree-well area where the accident occurred. 10. That the aforesaid incident and the injuries sustained by Plaintiff, NADINE B OOKS, was caused solely by reason of the negligence of the Defendants, its agents, a signees managers, servants, employees and without any negligence or fault on the part of the P aintiff eontributing thereto. 15. That Defendant, its agents, assignees, managers, servants, employees had actual netice of he aforementioned dangerous and defective condition. 2C. That Defendant, its agents, assignees, managers, servants, employees had ednstruct ve notice of the aforementioned dangerous and defective condition. 21L That as a result of the foregoing, Plaintiff, NADINE BROOKS, sustained serious, s :vere and permanent personal injuries and was rendered sick, sore, lame, and disabled; Plgintiff, NADINE BROOKS, was caused to suffer great physical pain, mental anguish, di comfor t, and disability and will continue to suffer pain. anguish, discomfort, and disability in th future Plaintiff, NADINE BROOKS, was caused to undergo hospital and medical care, aid, and treatn tent, and may continue to undergo medical care, aid and treatment for a long period of 6 of 17 FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E FILED 2012 Jun Bronx 26 Clerk County NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022 time to come in the future; Plaintiff, NADINE BROOKS, incurred large sums of expenses for medical care, aid, and attention and may continue to incur large sums of expenses for future reedical care, aid, and attention; Plaintiff, NADINE BROOKS, was further caused to become incapaci ated from and hindered in the progress other usual pursuits, duties, and activities and may continue to be hindered in her pursuits, duties, and activities for a long period of time to cbme in he future. 21. That as a result of the foregoing, Plaintiff, NADINE BROOKS, has been d aged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwisa have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF AGAINST DEFENDANT, CARPI LANDSCAPING, INC. ! 2 . Plaintiff repeats, reiterates and realleges each and every allegation contained in "i" "22" påragrap is through of the Verified Complaint as though the same were more fully set f rth at I ngth herein. 2 . That at all times hereinafter mentioned, Defendant, CAPRI LANDSCAPING, I C., wa), and still is, a domestic corporation duly organized under and by virtue of the laws of th State hf New York. 2±. That at all times hereinafter mentioned, Defendant, CAPRI LANDSCAPING, INC., wa;, and still is, a foreign corporation authorized to do business in the State of New York. 26 That at all times hereinafter mentioned, Defendant, CAPRI LANDSCAPING, IlNC., wa:, and still is, a foreign limited liability company authorized to do business in the State of New York. 27 That at all times hereinafter mentioned, Defendant, CAPRI LANDSCAPING, 7 of 17 FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E FILED Jun Bronx 26 Clerk 2012 County NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022 INC., d d and continues to do business in and/or with the City and/or State of New York and derives s Ibstantial financial game from same. 21. That on March 29, 2011, and at all times herein mentioned, the sidewalk. curb and/or ad joining tree-well area in front of 1371 Prospect Avenue, located in the City and State of N w Yorl., was a public sidewalk, curb and/or adjoining tree-well area. 25. That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its a ents, assignees, managers, servants, employees operated the subject premises. 3C. That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its a nts, servants and/or employees maintained the subject premises. 31, That at all times relevant hereto. Defendant, CAPRI LANDSCAPING, INC., its agents, as ignees, managers, servants, employees controlled the subject premises. 32 That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its ag nts, as ignees, managers, servants, employees managed the subject premises. ! 33 That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its ag nts, ass ignees, managers, servants, employees inspected the subject premises. 34. That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its agents, assignees, managers, servants, employees supervised the subject premises. 35. That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its aggnts, assignees, managers. servants, employees performed repairs at the subject premises. 36. That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its agents, ast ignees, managers, servants, employees performed construction and/or work at the sub ect premises. 37. That at all times relevant hereto, Defendant, CAPRI LANDSCAPING, INC., its 8 of 17 FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E FILED Jun 26 Clerk 2,012 Bronx County NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022 agents, issignees, managers, servants, employees performed tree-well planting at the subject premise:. 3 L That at all times hereinafter mentioned, Defendant, CAPRI LANDSCAPING, INC., it: agents, assignees, managers, servants, employees had the duty to maintain, operate, repair and control the aforesaid curb and/or tree- n1anage, inspect, supervise, sidewalk, adjoining well areµ. 39. That at all times hereinafter mentioned, Defendant, CAPRI LANDSCAPING, I C., it: agents, assignees, managers, servants, employees breached their duty to properly aintains operate, manage, inspect, supervise, repair and control the aforesaid sidewalk, curb add/or ad oining tree-well area. 4C. That on or about March 29, 2011, Plaintiff, NADINE BROOKS, was lawfully trÆversing the aforesaid sidewalk, curb and/or adjoining tree-well area, in front of 1371 Prospect A enue, beated in the City and State of New York. 41 That on or about March 29, 2011, Plaintiff, NADINE BROOKS, was lawfully tr versing the aforesaid sidewalk, curb and/or adjoining tree-well area and was caused to trip and fal as a re sult of a dangerous and hazardous condition. 42 That Defendant, CAPRI LANDSCAPING, INC., its a agents, assignees, managers, servants, employees were reckless, careless and negligent in the ownership, operation, management, maintenance, supervision, inspection, repair and control of the sidewalk, curb andl/or adj3ining tree-well area, by permitting a dangerous and hazardous condition to exist so tha it was dangerous for persons, in particular, this Plaintiff; by failing to keep the said sidewalk, cueb and/c r adjoining tree-well area in a reasonably safe condition; by permitting said sidewalk, curb and/< r adjoining tree-well area to become dangerous for persons, and, in particular, to 9 of 17 FILED: BRONX COUNTY CLERK 06/27/2022 03:33 PM INDEX NO. 305540/2012E FILED Jun 26 2012 Bronx Clerk County NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2022 Plaintiff, NADINE BROOKS; by causing and allowing said sidewalk, curb and/or adjoining tree-well area to become and remain in a defective, hazardous and/or dangerous condition; in falling to take any measures, precautions and/or safeguards to keep the sidewalk, curb and/or adjoining tree-well area in a reasonably safe condition; by failing to place barricades and/or exit siÆns with warnings for persons present on said curb and/or tree- lawfully sidewalk, adjoining wÆIl area in particular, Plaintiff, NADINE BROOKS; in allowing said sidewalk, curb and/or ad oining tree-well area to remain in dangerous, hazardous and/or defective condition for an u asonE ble period of time: in failing to keep the aforesaid curb and/or tree- sidewalk, adjoining w 11 area in a reasonably safe condition prior to, and including, March 29, 2011; in allowing, pe ittint and/or creating an unusual and dangerous condition