Preview
FILED: ST. LAWRENCE COUNTY CLERK 09/12/2023 03:27 PM INDEX NO. EFCV-23-165171
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF ST. LAWRENCE
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LEONARD PUTNEY,
Plaintiff, SUMMONS
-against- INDEX NO.:
SEAWAY TIRE AND AUTO SERVICE, INC.,
Defendant.
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TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff’s attorneys an
answer to the Complaint in this action, within twenty (20) days after the service of this summons,
exclusive of the day of service, or within thirty (30) days after service is complete if this summons
is not personally delivered to you within the State of New York. In case of your failure to answer,
judgment will be taken against you by default for the relief demanded in the complaint.
Plaintiff designates St. Lawrence County as the place of trial. The basis of venue is that the
Plaintiff resides St. Lawrence County, New York.
Dated: September 12, 2023
By: _____________________________________
Michael L. White, Esq.
HARDING MAZZOTTI, LLP
Attorneys for Plaintiff
1 Wall Street
P.O. Box 15141
Albany, New York 12212-5141
(518) 862-1200
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF ST. LAWRENCE
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LEONARD PUTNEY,
Plaintiff, COMPLAINT
-against- INDEX NO.:
SEAWAY TIRE AND AUTO SERVICE, INC.,
Defendant.
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The Plaintiff, Leonard Putney, by and through his attorneys, Harding Mazzotti LLP, as and
for a complaint against the Defendant, alleges as follows:
1. That at all times herein relevant, Plaintiff, Leonard Putney, was and still is a resident
of the County of St. Lawrence, State of New York.
2. Upon information and belief, and at all times hereinafter mentioned, Defendant,
Seaway Tire and Auto Service, Inc., is a Domestic Business Corporation organized and existing
pursuant to the laws of the State of New York, with a principal place of business located at 330
East Orvis Street, Massena, County of St. Lawrence, State of New York.
3. The incident complained of occurred on or about April 8, 2021, at approximately
11:30 a.m. on the premises commonly known as Seaway Tire and Auto Service located at 330 East
Orvis Street, Massena, County of St. Lawrence, State of New York (hereinafter referred to as the
“subject premises”).
4. Upon information and belief, and at all times hereinafter mentioned, Defendant,
Seaway Tire and Auto Service, Inc., owned the subject premises.
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5. Upon information and belief, and at all times hereinafter mentioned, Defendant,
Seaway Tire and Auto Service, Inc., was the lessor of the subject premises.
6. Upon information and belief, and at all times hereinafter mentioned, Defendant,
Seaway Tire and Auto Service, Inc., was the lessee of the subject premises.
7. Upon information and belief, and at all times hereinafter mentioned, Defendant,
Seaway Tire and Auto Service, Inc., operated the subject premises.
8. Upon information and belief, and at all times hereinafter mentioned, Defendant,
Seaway Tire and Auto Service, Inc., managed the subject premises.
9. Upon information and belief, and at all times hereinafter mentioned, Defendant,
Seaway Tire and Auto Service, Inc., controlled the subject premises.
10. Upon information and belief, and at all times hereinafter mentioned, Defendant,
Seaway Tire and Auto Service, Inc., maintained the subject premises.
11. Upon information and belief, and at all times hereinafter mentioned, Defendant,
Seaway Tire and Auto Service, Inc., supervised the real property and premises commonly known
as 330 East Orvis Street, Massena, County of St. Lawrence, State of New York.
12. Upon information and belief, and at all times hereinafter mentioned, Defendant,
Seaway Tire and Auto Service, Inc., arranged the real property and premises commonly known as
330 East Orvis Street, Massena, County of St. Lawrence, State of New York.
13. Upon information and belief, and at all times herein relevant, the premises located
at 330 East Orvis Street, Massena, County of St. Lawrence, State of New York, owned by the
Defendant, Seaway Tire and Auto Service, Inc., was used as commercial property.
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14. Upon information and belief, and at all times hereinafter mentioned, Defendant,
Seaway Tire and Auto Service, Inc., was responsible for the safety and well-being of individuals
lawfully upon said premises, including the Plaintiff herein.
15. Upon information and belief, and at all times hereinafter mentioned, Defendant,
Seaway Tire and Auto Service, Inc., was responsible for and had a duty to maintain and keep the
subject premises in a reasonably safe condition.
16. Upon information and belief, the Defendant, Seaway Tire and Auto Service, Inc.,
as owner, had a nondelegable duty to provide individuals lawfully upon said premises, including
the Plaintiff herein, with a safe means of ingress and egress at 330 East Orvis Street, Massena,
County of St. Lawrence, State of New York.
17. That on or about April 8, 2021, at approximately 11:30 a.m., the Plaintiff, Leonard
Putney, was lawfully on the above premises located at 330 East Orvis Street, Massena, County of
St. Lawrence, State of New York.
18. That at said time and place, and due to the negligence of the Defendant, Seaway
Tire and Auto Service, Inc., its agents, servants and/or employees, the Plaintiff, Leonard Putney,
was caused to fall as the result of a defective, dangerous and hazardous condition located in the
entrance/exit way of the subject premises, and sustain severe and permanent injuries, as well as
pain and mental anguish which required medical care and attention and the expense thereof.
19. That the negligence of the Defendant, its agents, servants and/or employees in
causing said defective, unsafe and dangerous condition on the premises was in failing to promptly
and adequately maintain, repair and/or otherwise remedy the hazardous, unsafe and dangerous
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condition of the entrance/exit way of the subject premises, and in failing to adequately warn
persons on the premises, including Plaintiff, of the nature and location of said dangerous condition.
20. Upon information and belief, the negligence of the Defendant, Seaway Tire and
Auto Service, Inc., included, but was not necessarily limited to, negligence in the ownership,
control, inspection, use, maintenance and/or repair of the premises in question.
21. That Defendant, Seaway Tire and Auto Service, Inc., had actual and/or constructive
notice of the dangerous and defective condition of the premises in the area where the subject
incident occurred, which caused this incident as herein mentioned, long enough before this incident
occurred for Defendant to have reasonably been able to repair, remove, correct, remedy and/or
properly warn of the said dangerous and defective condition.
22. That as a result of the Defendant’s negligence, Plaintiff, Leonard Putney, was
caused serious and permanent injuries as herein alleged, without any contributory negligence on
the part of the Plaintiff.
23. That as a result of the Defendant’s negligence, Plaintiff sustained great bodily
injury, so that Plaintiff has been injured permanently, has suffered pain, and continues to suffer
pain all to his damage in a sum in excess of the monetary jurisdiction of all lower courts that would
otherwise have jurisdiction over this action.
24. That this Cause of Action falls within one or more of the exceptions contained
within CPLR Section 1602.
WHEREFORE, Plaintiff demands judgment in a sum in excess of the monetary
jurisdiction of all lower courts which would otherwise have jurisdiction over this action, together
with such other and further relief as the Court may deem just and proper.
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FILED: ST. LAWRENCE COUNTY CLERK 09/12/2023 03:27 PM INDEX NO. EFCV-23-165171
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023
Dated: September 12, 2023
By:__________________________________
Michael L. White, Esq.
HARDING MAZZOTTI, LLP
Attorneys for Plaintiff
1 Wall Street
P.O. Box 15141
Albany, New York 12212-5141
(518) 862-1200
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Preview
FILED: ST. LAWRENCE COUNTY CLERK 09/12/2023 03:27 PM INDEX NO. EFCV-23-165171 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF ST. LAWRENCE --------------------------------------------------------------------------------------------------------------------- LEONARD PUTNEY, Plaintiff, SUMMONS -against- INDEX NO.: SEAWAY TIRE AND AUTO SERVICE, INC., Defendant. --------------------------------------------------------------------------------------------------------------------- TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED and required to serve upon plaintiff’s attorneys an answer to the Complaint in this action, within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. Plaintiff designates St. Lawrence County as the place of trial. The basis of venue is that the Plaintiff resides St. Lawrence County, New York. Dated: September 12, 2023 By: _____________________________________ Michael L. White, Esq. HARDING MAZZOTTI, LLP Attorneys for Plaintiff 1 Wall Street P.O. Box 15141 Albany, New York 12212-5141 (518) 862-1200 1 of 6 FILED: ST. LAWRENCE COUNTY CLERK 09/12/2023 03:27 PM INDEX NO. EFCV-23-165171 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF ST. LAWRENCE --------------------------------------------------------------------------------------------------------------------- LEONARD PUTNEY, Plaintiff, COMPLAINT -against- INDEX NO.: SEAWAY TIRE AND AUTO SERVICE, INC., Defendant. --------------------------------------------------------------------------------------------------------------------- The Plaintiff, Leonard Putney, by and through his attorneys, Harding Mazzotti LLP, as and for a complaint against the Defendant, alleges as follows: 1. That at all times herein relevant, Plaintiff, Leonard Putney, was and still is a resident of the County of St. Lawrence, State of New York. 2. Upon information and belief, and at all times hereinafter mentioned, Defendant, Seaway Tire and Auto Service, Inc., is a Domestic Business Corporation organized and existing pursuant to the laws of the State of New York, with a principal place of business located at 330 East Orvis Street, Massena, County of St. Lawrence, State of New York. 3. The incident complained of occurred on or about April 8, 2021, at approximately 11:30 a.m. on the premises commonly known as Seaway Tire and Auto Service located at 330 East Orvis Street, Massena, County of St. Lawrence, State of New York (hereinafter referred to as the “subject premises”). 4. Upon information and belief, and at all times hereinafter mentioned, Defendant, Seaway Tire and Auto Service, Inc., owned the subject premises. 1 2 of 6 FILED: ST. LAWRENCE COUNTY CLERK 09/12/2023 03:27 PM INDEX NO. EFCV-23-165171 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 5. Upon information and belief, and at all times hereinafter mentioned, Defendant, Seaway Tire and Auto Service, Inc., was the lessor of the subject premises. 6. Upon information and belief, and at all times hereinafter mentioned, Defendant, Seaway Tire and Auto Service, Inc., was the lessee of the subject premises. 7. Upon information and belief, and at all times hereinafter mentioned, Defendant, Seaway Tire and Auto Service, Inc., operated the subject premises. 8. Upon information and belief, and at all times hereinafter mentioned, Defendant, Seaway Tire and Auto Service, Inc., managed the subject premises. 9. Upon information and belief, and at all times hereinafter mentioned, Defendant, Seaway Tire and Auto Service, Inc., controlled the subject premises. 10. Upon information and belief, and at all times hereinafter mentioned, Defendant, Seaway Tire and Auto Service, Inc., maintained the subject premises. 11. Upon information and belief, and at all times hereinafter mentioned, Defendant, Seaway Tire and Auto Service, Inc., supervised the real property and premises commonly known as 330 East Orvis Street, Massena, County of St. Lawrence, State of New York. 12. Upon information and belief, and at all times hereinafter mentioned, Defendant, Seaway Tire and Auto Service, Inc., arranged the real property and premises commonly known as 330 East Orvis Street, Massena, County of St. Lawrence, State of New York. 13. Upon information and belief, and at all times herein relevant, the premises located at 330 East Orvis Street, Massena, County of St. Lawrence, State of New York, owned by the Defendant, Seaway Tire and Auto Service, Inc., was used as commercial property. 2 3 of 6 FILED: ST. LAWRENCE COUNTY CLERK 09/12/2023 03:27 PM INDEX NO. EFCV-23-165171 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 14. Upon information and belief, and at all times hereinafter mentioned, Defendant, Seaway Tire and Auto Service, Inc., was responsible for the safety and well-being of individuals lawfully upon said premises, including the Plaintiff herein. 15. Upon information and belief, and at all times hereinafter mentioned, Defendant, Seaway Tire and Auto Service, Inc., was responsible for and had a duty to maintain and keep the subject premises in a reasonably safe condition. 16. Upon information and belief, the Defendant, Seaway Tire and Auto Service, Inc., as owner, had a nondelegable duty to provide individuals lawfully upon said premises, including the Plaintiff herein, with a safe means of ingress and egress at 330 East Orvis Street, Massena, County of St. Lawrence, State of New York. 17. That on or about April 8, 2021, at approximately 11:30 a.m., the Plaintiff, Leonard Putney, was lawfully on the above premises located at 330 East Orvis Street, Massena, County of St. Lawrence, State of New York. 18. That at said time and place, and due to the negligence of the Defendant, Seaway Tire and Auto Service, Inc., its agents, servants and/or employees, the Plaintiff, Leonard Putney, was caused to fall as the result of a defective, dangerous and hazardous condition located in the entrance/exit way of the subject premises, and sustain severe and permanent injuries, as well as pain and mental anguish which required medical care and attention and the expense thereof. 19. That the negligence of the Defendant, its agents, servants and/or employees in causing said defective, unsafe and dangerous condition on the premises was in failing to promptly and adequately maintain, repair and/or otherwise remedy the hazardous, unsafe and dangerous 3 4 of 6 FILED: ST. LAWRENCE COUNTY CLERK 09/12/2023 03:27 PM INDEX NO. EFCV-23-165171 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 condition of the entrance/exit way of the subject premises, and in failing to adequately warn persons on the premises, including Plaintiff, of the nature and location of said dangerous condition. 20. Upon information and belief, the negligence of the Defendant, Seaway Tire and Auto Service, Inc., included, but was not necessarily limited to, negligence in the ownership, control, inspection, use, maintenance and/or repair of the premises in question. 21. That Defendant, Seaway Tire and Auto Service, Inc., had actual and/or constructive notice of the dangerous and defective condition of the premises in the area where the subject incident occurred, which caused this incident as herein mentioned, long enough before this incident occurred for Defendant to have reasonably been able to repair, remove, correct, remedy and/or properly warn of the said dangerous and defective condition. 22. That as a result of the Defendant’s negligence, Plaintiff, Leonard Putney, was caused serious and permanent injuries as herein alleged, without any contributory negligence on the part of the Plaintiff. 23. That as a result of the Defendant’s negligence, Plaintiff sustained great bodily injury, so that Plaintiff has been injured permanently, has suffered pain, and continues to suffer pain all to his damage in a sum in excess of the monetary jurisdiction of all lower courts that would otherwise have jurisdiction over this action. 24. That this Cause of Action falls within one or more of the exceptions contained within CPLR Section 1602. WHEREFORE, Plaintiff demands judgment in a sum in excess of the monetary jurisdiction of all lower courts which would otherwise have jurisdiction over this action, together with such other and further relief as the Court may deem just and proper. 4 5 of 6 FILED: ST. LAWRENCE COUNTY CLERK 09/12/2023 03:27 PM INDEX NO. EFCV-23-165171 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/12/2023 Dated: September 12, 2023 By:__________________________________ Michael L. White, Esq. HARDING MAZZOTTI, LLP Attorneys for Plaintiff 1 Wall Street P.O. Box 15141 Albany, New York 12212-5141 (518) 862-1200 5 6 of 6