Motion for Leave to Amend Pleadings in Nastos Christina Vs M. Sopher & Co. Llc| Trellis.Law

On May 11, 2022 a Motion,Ex Parte was filed involving a dispute between Christina Nastos, and 2300 Summit Management Llc, Bb And Foods Llc, City Of Union City, County Of Hudson, John Does 1-10, M. Sopher & Co. Llc, State Of New Jersey, Warrior Star Taekwondo Llc, Xyz Corps. 1-10, for Personal Injury in the District Court of Hudson County.

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HUD-L-001568-22 07/18/2023 1:37:41 PM Pg 1 of 2 Trans ID: LCV20232109763

Grace E. Robol, Esq. – 003722011
DAVIS, SAPERSTEIN & SALOMON, P.C.
375 Cedar Lane
Teaneck, New Jersey 07666-3433
(201) 907-5000
Fax: (201) 692-0444
Attorneys for Plaintiff(s),

SUPERIOR COURT OF NEW JERSEY
Christina Nastos, LAW DIVISION: HUDSON COUNTY

Plaintiff(s), DOCKET NO: HUD-L-1568-22
- vs -
Civil Action
M. Sopher & Co. LLC, Warrior Star Taekwondo
LLC, BB and Foods LLC d/b/a Waffle &
Bubble, City of Union City, County of Hudson, NOTICE OF MOTION FOR LEAVE TO
State of New Jersey, John Does 1-10 (fictitious FILE AN AMENDED COMPLAINT
names representing unknown individuals) and/or
XYZ Corps. 1-10 (fictitious names representing
unknown corporations, partnerships and/or RETURNABLE: AUGUST 4, 2023
Limited Liability Companies or other types of
legal entities)

Defendant(s).

TO:
Civil Motions Clerk Steven A. Jenks, Jr., Esq.
Hudson County Superior Court Yvette C. Cave, Esq.
583 Newark Avenue Reilly, McDevitt & Henrich, P.C.
Jersey City, NJ 07306 3 Executive Campus, Suite 310
Cherry Hill, NJ 08002
2300 Summit Management LLC
6132 Riverdale Avenue
Bronx, NY 10471

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COUNSELORS:

PLEASE TAKE NOTICE that on Friday, August 4, 2023, at nine o’clock in the

forenoon, or as soon thereafter as counsel may be heard, Davis, Saperstein & Salomon P.C.,

attorneys for the Plaintiff shall move before an appropriate Judge hearing motions in the

Superior Court of New Jersey, Law Division, at the Hudson County Court House in Jersey City,

New Jersey, for an Order granting Plaintiff leave to file an Amended Complaint to name and

include 2300 Summit Management LLC as a direct Defendant in place of fictitious Defendant

XYZ Corp.

PLEASE TAKE FURTHER NOTICE that in support of the within motion, the Plaintiff

shall rely upon the Certification of Grace E. Robol, Esq., submitted herewith; and

PLEASE TAKE FURTHER NOTICE that pursuant to R.1:6-2, the Plaintiff hereby

waives oral argument and consents to disposition on the papers, unless timely opposition is filed;

and

Discovery End Date: October 28, 2023

Arbitration Date: November 30, 2023

A proposed form of Order is attached.

DAVIS, SAPERSTEIN & SALOMON, P.C.
Attorney(s) for Plaintiff(s)

/s/ Grace E. Robol
Dated: July 18, 2023
BY: Grace E. Robol, Esq.
For the Firm

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HUD-L-001568-22 07/18/2023 1:37:41 PM Pg 1 of 2 Trans ID: LCV20232109763

Grace E. Robol, Esq. – 003722011
DAVIS, SAPERSTEIN & SALOMON, P.C.
375 Cedar Lane
Teaneck, New Jersey 07666-3433
(201) 907-5000
Fax: (201) 692-0444
Attorneys for Plaintiff(s),

SUPERIOR COURT OF NEW JERSEY
Christina Nastos, LAW DIVISION: HUDSON COUNTY

Plaintiff(s), DOCKET NO: HUD-L-1568-22
- vs -
Civil Action
M. Sopher & Co. LLC, Warrior Star Taekwondo
LLC, BB and Foods LLC d/b/a Waffle & ORDER
Bubble, City of Union City, County of Hudson,
State of New Jersey, John Does 1-10 (fictitious
names representing unknown individuals) and/or
XYZ Corps. 1-10 (fictitious names representing
unknown corporations, partnerships and/or
Limited Liability Companies or other types of
legal entities)

Defendant(s).

THIS MATTER having been presented to the Court by Notice of Motion of Davis,

Saperstein & Salomon, P.C., attorneys for the Plaintiff for an Order granting Plaintiff leave to

file an Amended Complaint, returnable August 4, 2023, and the Court having reviewed the

moving papers; for good cause having been shown;

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HUD-L-001568-22 07/18/2023 1:37:41 PM Pg 2 of 2 Trans ID: LCV20232109763

IT IS ON THIS DAY OF 2023;

ORDERED that the Plaintiff is hereby granted leave to file a First Amended Complaint

to name and include 2300 Summit Management LLC as a direct Defendant in place of fictitious

Defendant XYZ Corp.; and it is further

ORDERED that pursuant to R. 4:24-1 (b), as new party has been joined to this action, the

scheduled discovery end date of October 28, 2023 shall be extended for a period of sixty (60)

days to December 27, 2023; and it is further

ORDERED that service of this Order shall be deemed effectuated upon all parties upon

the upload to eCourts. Pursuant to Rule 1:5-1(a), a movant shall serve a copy of this Order on all

parties not served electronically within seven days of the date of this Order.

J.S.C.

_____Opposed

_____Unopposed

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HUD-L-001568-22 07/18/2023 1:37:41 PM Pg 1 of 4 Trans ID: LCV20232109763

Grace E. Robol, Esq. - 003722011
DAVIS, SAPERSTEIN & SALOMON, P.C.
375 Cedar Lane
Teaneck, New Jersey 07666-3433
(201) 907-5000
Fax: (201) 692-0444
Attorneys for Plaintiff(s),

SUPERIOR COURT OF NEW JERSEY
Christina Nastos, LAW DIVISION: HUDSON COUNTY

Plaintiff(s), DOCKET NO: HUD-L-1568-22
- vs -

M. Sopher & Co. LLC, Warrior Star Taekwondo Civil Action
LLC, BB and Foods LLC d/b/a Waffle &
Bubble, City of Union City, County of Hudson,
State of New Jersey, John Does 1-10 (fictitious ATTORNEY’S CERTIFICATION
names representing unknown individuals) and/or IN SUPPORT OF PLAINTIFF’S
XYZ Corps. 1-10 (fictitious names representing NOTICE OF MOTION
unknown corporations, partnerships and/or
Limited Liability Companies or other types of
legal entities)

Defendant(s).

I, Grace E. Robol, hereby certify as follows:

1. I am an attorney at law of the State of New Jersey, and an associate with the Law

Offices of Davis, Saperstein & Salomon P.C., attorneys for the Plaintiff in the above-captioned

matter and, as such have personal knowledge of the following facts.

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2. I make this certification in support of the Plaintiff’s Notice of Motion for leave to

file an Amended Complaint, returnable August 4, 2023.

3. The within matter arises out of a slip and fall incident that occurred on February

13, 2021, on the sidewalk abutting the Defendants’ premises located at or near 2300 Summit

Avenue, in the City of Union City, County of Hudson, and the State of New Jersey. As a result

of that fall, the Plaintiff sustained severe personal injuries.

4. On May 11, 2022, a Complaint was filed on behalf of the Plaintiff.

5. Thereafter, all Defendants were served and Affidavits of Service and a

Certification of Service reflecting same was subsequently filed with the Clerk of this Court.

6. On July 5, 2022, an Answer was filed by Steven A. Jenks, Jr., Esq. of the law

firm of Reilly, McDevitt & Henrich, P.C. on behalf of Defendant Warrior Star Taekwondo,

LLC.

7. On August 19, 2022, an Answer was filed by Bernadette Dronson, DAG of the

office of Matthew J. Platkin, Acting Attorney General of New Jersey on behalf of Defendant

State of New Jersey. A Stipulation of Dismissal without prejudice has since been filed as to this

Defendant.

8. On September 1, 2022, an Answer was filed by Alissa L. Chang, Esq. of the law

firm of Trif & Modugno, LLC on behalf of Defendant City of Union City. On January 20, 2023,

the Honorable Veronica Allende, J.S.C., entered an Order granting summary judgment and

dismissing the Plaintiff’s Complaint as to this Defendant.

9. As this office had not received a filed Answer or request to extend time to file,

and the time in which the Defendant was to file had expired, on September 28, 2022, a request to

enter default was filed as to Defendant BB and Foods LLC d/b/a Waffle & Bubble.

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10. On January 17, 2023, Steven A. Jenks, Jr., Esq. also filed an Answer on behalf of

Defendant M. Sopher & Co, LLC.

11. In the interim, this office received Defendant Warrior Star Taekwondo, LLC’s

Answers to Interrogatories, which enclosed a lease agreement for the subject premises between

the landlord, 2300 Summit Management LLC, and the Defendant. (See Exhibit A)

12. It is believed that 2300 Summit Management LLC is an additional party

responsible for the maintenance of the subject premises where Plaintiff was injured.

13. Subsequently, this office filed a Notice of Cross-Motion for leave to file an

Amended Complaint to name and include 2300 Summit Management LLC as a direct Defendant.

which was returnable on July 7, 2023.

14. On July 7, 2023, an Order was signed by the Honorable Joseph A. Turula, P.J,

Cv., denying said motion, stating that a courtesy copy was not submitted to the Court. (See

Exhibit B)

15. New Jersey Court Rules Governing Civil Practice, 4:9-1 states that "...a party may

amend a pleading ...by leave of the Court which shall be freely given in the interest of justice..."

16. The plaintiff’s original Complaint plead for "John Does 1-10" and "XYZ Corps.

1-10."

17. No party will be prejudiced by the proposed amendment.

18. Therefore, the Plaintiff now moves to file a First Amended Complaint to name

and include 2300 Summit Management LLC as a direct Defendant in place of fictitious

Defendant XYZ Corp.

19. A copy of the proposed form of a First Amended Complaint is attached hereto as

Exhibit C.

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A proposed form of Order is attached.

I certify that the foregoing statements made by me are true. I am aware that if any of the

foregoing statements made by me are willfully false, I am subject to punishment.

/s/ Grace E. Robol
Dated: July 18, 2023 __________________________
Grace E. Robol, Esq.
For the Firm

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CERTIFICATION OF SERVICE

I, Arielle Davis, secretary to Davis, Saperstein & Salomon P.C., attorneys for the Plaintiff

in this matter, do hereby certify that the original Notice of Motion, Certification in support of

Motion with attachments, and a proposed form of Order herein were e-filed on July 18, 2023

with the Civil Motions Clerk of Hudson County. A courtesy copy was sent via NJ Lawyers

Service to the Judge hearing the motion, sent via certified mail and first-class mail to 2300

Summit Management LLC, and available via e-Courts to all counsel of record listed below:

Civil Motions Clerk Steven A. Jenks, Jr., Esq.
Hudson County Superior Court Yvette C. Cave, Esq.
583 Newark Avenue Reilly, McDevitt & Henrich, P.C.
Jersey City, NJ 07306 3 Executive Campus, Suite 310
Cherry Hill, NJ 08002
2300 Summit Management LLC
6132 Riverdale Avenue
Bronx, NY 10471
Arielle Davis
Dated: July 18, 2023 ______________________
Arielle Davis

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EXHIBIT "A"
HUD-L-001568-22 07/18/2023 1:37:41 PM Pg 2 of 16 Trans ID: LCV20232109763

LEASE AGREF:MENT

THIS LEASE AG~H:EMENT ("Lease") dated as of April z.S , 2017 by and
between 2300 Summit Management LLC, a New York limited liability company with an address
of 6132 Riverdale Avenue, Bronx, New York 10471 ("Landlord") and Warrior Star Taekwondo
LLC, a New Jersey limited liability company with an address of 2300 Summit Avenue, Union
City, New Jersey 07087 (hereinaller collectively referred to as the "Tenant").

WITNESS ETH:

\ \1HEREAS, Landlord desires to lease to Tenant and Tenant desires to lease from
Landlord the Premises (as defined herein) described herein.

NOW THEREFORE, in consideration of the covenants, terms and conditions
herein contained, and upon the tenns and conditions herein set forth, Landlord and Tenant,
intending to be legally bound hereby, agree as follows:

AGREEMENT:

1. BASIC LEASE INFORMATION. In addition to other terms defined herein, the - _---:...
following tenns shall have the meanings set forth in this Article l unless the context otherwise
requires: ... :. ... _.
I. I. Tenant's Trade Name: Warrior Star Taekwondo ..
~ •,..:..-,·

1.2. Tenant's Address: 2300 Summit Avenue, Union City, New Jersey
07087

1.3. Building Address: 2300 Summit Avenue, Union City, New Jersey
07087

1.4. Lease Date: April 2...5 , 2017
1.5. Commencement Date: May 1, 2017

1.6. Tennination Date: September 30, 2022

1.7. Security Deposit: $5,000.00

1.8. Annual Basic Rent:

Start Date End Date ~onthly Basic Rent Annual Basic Rent 1

May I, 2017 September ~0, 201? $0 (subject to N/A
Section 4.3. below)
I

October 1, 2017 September-30, 2018 $2,590,00 $30,000.00
HUD-L-001568-22 07/18/2023 1:37:41 PM Pg 3 of 16 Trans ID: LCV20232109763

October 1, 2018 September 30, 2019 $2,575.00 $30,900.00

October 1, 2019 September 30, 2020 $2652.25 $31,827.00

October l, 2020 September 30, 2021 $2,731.82 $32,781.81

October 1, 2021 September 30, 2022 $2,813.77 $33,765.24
(Lease Tennination)

1.9. Pennittcd Use: A martial arts school, and for no other purpose. The
Tenant, at its sole cost and expense, shall obtain any and all approvals and permits and satisfy all
requirements of any Governmental Authorities, including the City of Union City, Hudson County,
New Jersey, with respect to the Pennitted Use.

1.10. Minimum Business Hours: Not Applicable

1. 11. Broker: James Cervelli. The Landlord shall be responsible for any broker
fees pursuant to a separate commission agreement.

1.12. Additional Rent: Any and all common area charges, if any, together with
any and all other sums, amounts, charges, fees, costs and expenses payable by Tenant under this
Lease, whether or not expressly denominated as "additional rent" or "Additional Rent".

1.13. Governmental Authorities: All Federal, state, county, municipal and local
governments, and all departments, commissions, boards, bureaus and offices thereof, having or
claiming jurisdiction over the Premises.

1.14. Premises: The Premises leased to the Tenant under Section 2.1 of this
Lease.

1.15. Rent: The Basic Rent plus the Additional Rent.

1.16. Proportionate Share. Twenty percent (20%).

1.17. Real Estate Taxes. As set forth in Section 11, hereof.

2. PREMISES; PERMITTED USE

2.1. Premises: In consideration of the Rents to be paid to Landlord and the
covenants and agreements to be performed by Tenant, Landlord does hereby lease, rent, let and
demise to Tenant, and Tenant does hereby rent and hire from Landlord subject to the terms,
covenants and conditions herein contained, the middle store at the building located at 2300 Summit
Avenue, Union City, New Jersey, which contains approximately 2,000 square feet of gross
leasable area ("Premises").

2.2. Warranty of Title/Quiet Enjoyment: Landlord hereby warrants that it and
no other person or corporation has the right to lease the Premises hereby demised. Tenant shall

2
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officers or other authorized representatives of such entity and as such are authorized and
empowered to bind such entity to the terms of this Lease by their signatures hereto.

33. POSSESSION GUARANTY. Magaly Montanez, a principal of Tenant, is
executing and delivering, simultaneously with this Lease, the Possession Guaranty attached hereto
as Exhibit A in order to guaranty the obligation of Tenant hereunder. Magaly Montanez has a
direct financial interest in Tenant, and therefore will derive benefit from the Lease, and is so
desirous of providing a guaranty of Tenant's obligations hereunder. ·

IN WITNESS WHEREOF, Landlord and Tenant have signed and sealed this
Lease as of the day and year first written above.

LANDLORD:
2300 Summit Management LLC

By:
l,~ #/4
Title:
1'1:UY-R
i/1~
Sop'>ier

TENANT:
Warrior Star Taekwondo LLC

By:
Name:Magaiy'ontanez
Title: Member/Manager

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EXHIBIT "B"
HUD-L-001568-22
HUD-L-001568-22
06/12/2023
07/18/2023
07/07/2023
10:58:45
1:37:41 Pg
PM
AM1 of
Pg
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of16
2 ID:
Trans
LCV20232050197
ID: LCV20231783976
LCV20232109763 #163

FILED
JUL 7 2023
JOSEPH A. TURULA, P.J. Cv.

Grace E. Robol, Esq. – 003722011
DAVIS, SAPERSTEIN & SALOMON, P.C.
375 Cedar Lane
Teaneck, New Jersey 07666-3433
(201) 907-5000
Fax: (201) 692-0444
Attorneys for Plaintiff(s),

SUPERIOR COURT OF NEW JERSEY
Christina Nastos, LAW DIVISION: HUDSON COUNTY

Defendant(s).

THIS MATTER having been presented to the Court by Notice of Cross-Motion of Davis,

Saperstein & Salomon, P.C., attorneys for the Plaintiff for an Order granting Plaintiff leave to

file an Amended Complaint, returnable June 23, 2023, and the Court having reviewed the

moving papers; for good cause having been shown;

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HUD-L-001568-22
HUD-L-001568-22
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07/18/2023
07/07/2023
10:58:45
1:37:41 Pg
PM
AM2 of
Pg
Pg272of
Trans
of16
2 ID:
Trans
LCV20232050197
ID: LCV20231783976
LCV20232109763

IT IS ON THIS 7th DAY OF July 2023;

ORDERED that the Plaintiff is hereby granted leave to file a First Amended Complaint

to name and include 2300 Summit Management LLC as a direct Defendant in place of fictitious

Defendant XYZ Corp.; and it is further

ORDERED that service of this Order shall be deemed effectuated upon all parties upon

the upload to eCourts. Pursuant to Rule 1:5-1(a), a movant shall serve a copy of this Order on all

parties not served electronically within seven days of the date of this Order.

JOSEPH A. TURULA, P.J.Cv. J.S.C.

_____Opposed

_____Unopposed
Denied without prejudice.

R. 1:6-4 provides that, upon filing a motion, “a copy of all motion papers shall also be

simultaneously submitted to the judge.” Further, see Notice to the Bar dated October

25, 2022, which rescinded the temporary suspension of the courtesy copy requirement,

effective January 1, 2023.

Further denied pursuant to R. 4:9-1 as Movant failed to attach a copy of the proposed

amended pleading.

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EXHIBIT "C"
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Steven Benvenisti, Esq. - 023751993
DAVIS, SAPERSTEIN & SALOMON, P.C.
375 Cedar Lane
Teaneck, New Jersey 07666-3433
(201) 907-5000
Fax: (201) 692-0444
Attorneys for Plaintiff(s),

SUPERIOR COURT OF NEW JERSEY
Christina Nastos, LAW DIVISION: HUDSON COUNTY

Plaintiff(s), DOCKET NO: HUD-L-1568-22
- vs -

M. Sopher & Co. LLC, Warrior Star Taekwondo Civil Action
LLC, BB and Foods LLC d/b/a Waffle & Bubble,
2300 Summit Management LLC, City of Union
City, County of Hudson, State of New Jersey,
John Does 1-10 (fictitious names representing FIRST AMENDED COMPLAINT
unknown individuals) and/or XYZ Corps. 1-10 AND JURY DEMAND
(fictitious names representing unknown
corporations, partnerships and/or Limited Liability
Companies or other types of legal entities)

Defendant(s).

Plaintiff Christina Nastos residing at in the County of Hudson, 408 22nd Street, Union

City, New Jersey, 07087, by way of Complaint against the Defendants says:

DAVIS, SAPERSTEIN & SALOMON, P.C.
-1- 375 Cedar Lane
Teaneck, New Jersey 07666-3433
(201) 907-5000
HUD-L-001568-22 07/18/2023 1:37:41 PM Pg 10 of 16 Trans ID: LCV20232109763

FIRST COUNT

1. On or about February 13, 2021, the Plaintiff Christina Nastos was lawfully

traversing the sidewalk abutting the premises owned, operated, leased, controlled, supervised,

managed and/or maintained and/or repaired and/or responsible for the removal of snow and/or

ice by the Defendants M. Sopher & Co. LLC, Warrior Star Taekwondo LLC, BB and Foods LLC

d/b/a Waffle & Bubble (hereinafter referred to as “Waffle & Bubble”), 2300 Summit

Management LLC, City of Union City, County of Hudson, State of New Jersey, John Does 1-10

and/or XYZ Corps. 1-10 located at or near 2300 Summit Avenue, in the City of Union City,

County of Hudson, and the State of New Jersey.

2. Upon information and belief, at all relevant times herein mentioned, the Defendant

M. Sopher & Co. LLC was a foreign limited liability company, authorized to do business in the

State of New Jersey, with its main business address located at 6132 Riverdale Avenue, Bronx,

New York, 10471.

3. Upon information and belief, at all relevant times herein mentioned, the Defendant

Warrior Star Taekwondo LLC was a domestic limited liability company authorized to do

business in the State of New Jersey, with its main business address located in the County of

Hudson, 609 4th Street, Apt.5, Union City, New Jersey, 07087.

4. Upon information and belief, at all relevant times herein mentioned, the Defendant

Waffle & Bubble was a domestic limited liability company authorized to do business in the State

of New Jersey, with its main business address located in the County of Hudson, 6306 Bergenline

Avenue, West New York, New Jersey, 07093.

DAVIS, SAPERSTEIN & SALOMON, P.C.
-2- 375 Cedar Lane
Teaneck, New Jersey 07666-3433
(201) 907-5000
HUD-L-001568-22 07/18/2023 1:37:41 PM Pg 11 of 16 Trans ID: LCV20232109763

5. Upon information and belief, at all relevant times herein mentioned, the Defendant

2300 Summit Management LLC was a foreign limited liability company, authorized to do

business in the State of New Jersey, with its main business address located at 6132 Riverdale

Avenue, Bronx, New York, 10471.

6. Upon information and belief and at all relevant times herein mentioned, the

Defendant City of Union City was a municipality with its main address located in the County of

Hudson, 3715 Palisade Avenue, Union City, New Jersey, 07087.

7. Upon information and belief and at all relevant times herein mentioned, the

Defendant County of Hudson was a government agency with its main address located in the

County of Hudson, 567 Pavonia Avenue, Jersey City, New Jersey, 07306.

8. Upon information and belief and at all relevant times herein mentioned, the

Defendant State of New Jersey was a government agency with its main address located in the

County of Mercer, 25 Market Street, Trenton, New Jersey, 08625.

9. At the aforesaid time and place, due to the careless, reckless, and negligent

ownership, operation, lease, control, supervision, management and/or maintenance and/or repair

and/or removal of snow and/or ice of the premises and/or the sidewalk by the Defendants

M. Sopher & Co. LLC, Warrior Star Taekwondo LLC, Waffle & Bubble, 2300 Summit

Management LLC, City of Union City, County of Hudson, State of New Jersey, John Does 1-10

and/or XYZ Corps. 1-10, the Plaintiff Christina Nastos was caused to slip and fall, thereby

causing the Plaintiff to sustain severe personal injuries.

10. As a direct and proximate result of the aforesaid carelessness, recklessness, and

negligence of the Defendants M. Sopher & Co. LLC, Warrior Star Taekwondo LLC, Waffle &

DAVIS, SAPERSTEIN & SALOMON, P.C.
-3- 375 Cedar Lane
Teaneck, New Jersey 07666-3433
(201) 907-5000
HUD-L-001568-22 07/18/2023 1:37:41 PM Pg 12 of 16 Trans ID: LCV20232109763

Bubble, 2300 Summit Management LLC, City of Union City, County of Hudson, State of New

Jersey, John Does 1-10 and/or XYZ Corps. 1-10, the Plaintiff Christina Nastos was injured in

and about her mind and body; was and will in the future be caused great pain and suffering to her

mind and body; was and will in the future be obliged to expend great sums of money for medical

aid and attention; has sustained economic loss; and was and will in the future be unable to attend

to her usual pursuits and occupations and was further damaged.

WHEREFORE, the Plaintiff Christina Nastos demands judgment against the Defendants

M. Sopher & Co. LLC, Warrior Star Taekwondo LLC, Waffle & Bubble, 2300 Summit

Management LLC, City of Union City, County of Hudson, State of New Jersey, John Does 1-10

and/or XYZ Corps. 1-10 individually, jointly of severally for damages together with interest and

costs of suit.

SECOND COUNT

1. Plaintiff Christina Nastos repeats each and every allegation of the First Count of

the Complaint as if set forth at length herein verbatim.

2. At the aforesaid time and place, the Defendants M. Sopher & Co. LLC, Warrior

Star Taekwondo LLC, Waffle & Bubble, 2300 Summit Management LLC, City of Union City,

County of Hudson, State of New Jersey, John Does 1-10 and/or XYZ Corps. 1-10 were

independent contractors responsible for the upkeep and/or maintenance and/or repairs and/or

removal of snow and/or ice of the aforementioned premises and/or the sidewalk.

3. As a direct and proximate result of the careless, reckless, and negligent upkeep

and/or maintenance and/or repair and/or removal of snow and/or ice of the premises and/or the

sidewalk by the Defendants M. Sopher & Co. LLC, Warrior Star Taekwondo LLC, Waffle &

DAVIS, SAPERSTEIN & SALOMON, P.C.
-4- 375 Cedar Lane
Teaneck, New Jersey 07666-3433
(201) 907-5000
HUD-L-001568-22 07/18/2023 1:37:41 PM Pg 13 of 16 Trans ID: LCV20232109763

Bubble, 2300 Summit Management LLC, City of Union City, County of Hudson, State of New

Jersey, John Does 1-10 and/or XYZ Corps. 1-10, the Plaintiff Christina Nastos was caused to slip

and fall, thereby causing the Plaintiff to sustain severe personal injuries.

4. As a direct and proximate result of the aforesaid carelessness, recklessness, and