Preview
(FILED: KINGS COUNTY CLERK 0771872016 01:20 PM INDEX NO. 512225/2016
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/18/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
soceerresnrceenrenmnncenenanannannnmnnnnnnnmnen eens Serer eer x Index No.:
SANMI OJO
Plaintiff designates Kings
Plaintiff, County as the place of trial.
-against- SUMMONS
The basis of venue is:
MANNY ENTERPRISES LLC, SHELL GAS STATION, Plaintiff's residence
ATLANTIC AVE FUEL CORP., MORVARY LLC and
M&V LLC Plaintiff resides at:
1073 Dean Street
Defendants.
County of Kings
To the above named Defendants
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 attorneys within (20) twenty days after the service of this summons exclusive of the day of
service, where service is made by delivery upon you personally within the state, or within (30) thirty days
after completion of service where service is made in any other manner. 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
June 28, 2016
New York, Néw York 10016-7416
(212) 696-5500 - Our File # HH10582
Defendants' Addresses:
MANNY ENTERPRISES LLC, c/o Manny Shurka, 150 East 58" Street, Suite 2400, NY, NY 10155
SHELL GAS STATION, 1064 Atlantic Avenue, Brooklyn, New York 11238
ATLANTIC AVE FUEL CORP., 1064 Atlantic Avenue, Brooklyn, NY 11238
MORVARY LLC, c/o SIG, 105 East 58" Street, Suite 2400, New York, NY 10155
M&V LLC, c/o SIG, 150 East 58" Street, Suite 2400, New York, NY 10155
1 of 11SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
wanes eee nen nennnn nnn nnnannneeenennnenennnneeenemeeneenenecneeecene xX
SANMI OJO,
VERIFIED COMPLAINT
Plaintiff,
Index No.:
-against-
MANNY ENTERPRISES LLC, SHELL GAS STATION,
ATLANTIC AVE FUEL CORP., MORVARY LLC and M&V
LLC,
Defendants.
wenencennneeeteeennecenenennsennneenennereenennenenneeceennnnee -X
Plaintiff, by his attorneys, BUDIN, REISMAN, KUPFERBERG & BERNSTEIN,
LLP, complaining of the defendants herein, respectfully show to this Court and allege:
1. That this action falls within one or more of the exemptions set forth in
CPLR §1602.
2. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MANNY ENTERPRISES LLC was a domestic limited liability company.
3. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MANNY ENTERPRISES LLC was a foreign limited liability company.
4. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MANNY ENTERPRISES LLC did business in the State of New York.
5. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant SHELL GAS STATION was a domestic limited liability company.
6. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant SHELL GAS STATION was a foreign limited liability company.
7. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant SHELL GAS STATION did business in the State of New York.
2 of 118. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant ATLANTIC AVE FUEL CORP. was a domestic corporation.
9 Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant ATLANTIC AVE FUEL CORP. was a foreign corporation.
10. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant ATLANTIC AVE FUEL CORP. did business in the state of New York,
11. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MORVARY LLC was a domestic limited liability company.
12. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MORVARY LLC was a foreign limited liability company.
13. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MORVARY LLC did business in the state of New York.
14. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant M&V LLC was a domestic limited liability company.
15. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant M&V LLC was a foreign limited liability company.
16. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant M&V LLC did business in the state of New York.
17. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MANNY ENTERPRISES LLC was the owner of premises known as Shell
Gas Station, located at 1064 Atlantic Avenue, in the County of Kings, City and State of New York.
18. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant SHELL GAS STATION was the owner of premises known as Shell Gas
Station, located at 1064 Atlantic Avenue, in the County of Kings, City and State of New York.
19. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant ATLANTIC AVE FUEL CORP., was the owner of premises known as Shell
3
3 of 11Gas Station, located at 1064 Atlantic Avenue, in the County of Kings, City and State of New York
20. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MORVARY LLC was the owner of premises known as Shell Gas Station,
located at 1064 Atlantic Avenue, in the County of Kings, City and State of New York.
21. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant M&M LLC was the owner of premises known as Shell Gas Station, located
at 1064 Atlantic Avenue, in the County of Kings, City and State of New York.
22. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MANNY ENTERPRISES LLC leased and/or rented the aforesaid premises.
23. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant SHELL GAS STATION leased and/or rented the aforesaid premises.
24, Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant ATLANTIC AVE FUEL CORP. leased and/or rented the aforesaid premises.
25. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MORVARY LLC leased and/or rented the aforesaid premises.
26. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant M&V LLC leased and/or rented the aforesaid premises.
27. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MANNY ENTERPRISES LLC operated the aforesaid premises.
28. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant SHELL GAS STATION operated the aforesaid premises.
29. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant ATLANTIC AVE FUEL CORP. operated the aforesaid premises.
30. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MORVARY LLC operated the aforesaid premises.
31. | Upon information and belief, that at all of the times and places hereinafter
4
4 of 11mentioned, defendant M&V LLC operated the aforesaid premises.
32. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MANNY ENTERPRISES LLC managed the aforesaid premises.
33. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant SHELL GAS STATION managed the aforesaid premises.
34. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant ATLANTIC AVE FUEL CORP. managed the aforesaid premises.
35. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MORVARY LLC managed the aforesaid premises.
36. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant M&V LLC managed the aforesaid premises.
37. Upon information and belief, that at all of the times and places hereinafter
mentioned, the aforesaid premises was under the control of the defendant MANNY
ENTERPRISES LLC.
38. Upon information and belief, that at all of the times and places hereinafter
mentioned, the aforesaid premises was under the control of the defendant SHELL GAS STATION.
39. Upon information and belief, that at all of the times and places hereinafter
mentioned, the aforesaid premises was under the control of the defendant ATLANTIC AVE FUEL
CORP.
40. Upon information and belief, that at all of the times and places hereinafter
mentioned, the aforesaid premises was under the control of the defendant MORVARY LLC.
41. Upon information and belief, that at all of the times and places hereinafter
mentioned, the aforesaid premises was under the control of the defendant M&V LLC.
42, Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MANNY ENTERPRISES LLC its agents, servants and/or employees
maintained the aforesaid premises.
5 of 1143. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant SHELL GAS STATION its agents, servants and/or employees maintained
the aforesaid premises.
44. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant ATLANTIC AVE FUEL CORP. its agents, servants and/or employees
maintained the aforesaid premises.
45. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant MORVARY LLC its agents, servants and/or employees maintained the
aforesaid premises.
46. Upon information and belief, that at all of the times and places hereinafter
mentioned, defendant M&V LLC its agents, servants and/or employees maintained the aforesaid
premises.
47. Upon information and belief, that at all of the times and places hereinafter
mentioned, it was the duty of the defendant MANNY ENTERPRISES LLC its agents, servants
and/or employees to keep the aforesaid premises in a safe and proper manner.
48. Upon information and belief, that at all of the times and places hereinafter
mentioned, it was the duty of the defendant SHELL GAS STATION its agents, servants and/or
employees to keep the aforesaid premises in a safe and proper manner.
49. Upon information and belief, that at all of the times and places hereinafter
mentioned, it was the duty of the defendant ATLANTIC AVE FUEL CORP. its agents, servants
and/or employees to keep the aforesaid premises in a safe and proper manner.
50. Upon information and belief, that at all of the times and places hereinafter
mentioned, it was the duty of the defendant MORVARY LLC its agents, servants and/or employees
to keep the aforesaid premises in a safe and proper manner.
51. Upon information and belief, that at all of the times and places hereinafter
mentioned, it was the duty of the defendant M&V LLC its agents, servants and/or employees to
6
6 of 11keep the aforesaid premises in a safe and proper manner.
52. Upon information and belief, that at all of the times and places hereinafter
mentioned, it was the duty of the defendant MANNY ENTERPRISES LLC its agents, servants
and/or employees to keep the public sidewalk adjacent to and abutting the aforesaid premises in a
safe and proper manner.
53. Upon information and belief, that at all of the times and places hereinafter
mentioned, the aforesaid public sidewalk inured to the special use and benefits of the defendant,
MANNY ENTERPRISES LLC.
54. Upon information and belief, that at all of the times and places hereinafter
mentioned, it was the duty of the defendant SHELL GAS STATION its agents, servants and/or
employees to keep the public sidewalk adjacent to and abutting the aforesaid premises in a safe and
proper manner.
55. Upon information and belief, that at all of the times and places hereinafter
mentioned, the aforesaid public sidewalk inured to the special use and benefits of the defendant,
SHELL GAS STATION.
56. Upon information and belief, that at all of the times and places hereinafter
mentioned, it was the duty of the defendant ATLANTIC AVE FUEL CORP. its agents, servants
and/or employees to keep the public sidewalk adjacent to and abutting the aforesaid premises in a
safe and proper manner.
57. Upon information and belief, that at all of the times and places hereinafter
mentioned, the aforesaid public sidewalk inured to the special use and benefits of the defendant,
ATLANTIC AVE FUEL CORP.
58. Upon information and belief, that at all of the times and places hereinafter
mentioned, it was the duty of the defendant MORVARY LLC its agents, servants and/or employees
to keep the public sidewalk adjacent to and abutting the aforesaid premises in a safe and proper
manner.
7 of 1159. Upon information and belief, that at all of the times and places hereinafter
mentioned, the aforesaid public sidewalk inured to the special use and benefits of the defendant,
MORVARY LLC.
60. Upon information and belief, that at all of the times and places hereinafter
mentioned, it was the duty of the defendant M&V LLC its agents, servants and/or employees to
keep the public sidewalk adjacent to and abutting the aforesaid premises in a safe and proper
manner.
61, Upon information and belief, that at all of the times and places hereinafter
mentioned, the aforesaid public sidewalk inured to the special use and benefits of the defendant,
M&V LLC.
62. That on or about September 20, 2015, while plaintiff was traversing the
public sidewalk in front of premises 1064 Atlantic Avenue, in the County of Kings, City and State
of New York and more particularly, in front of Shell Gas Station, he was caused to trip and/or fall
as a result of the broken, uneven, raised irregular and defective condition of the aforesaid public
sidewalk.
63. That the said accident and the injuries and damages to the plaintiff resulting
therefrom were caused solely and wholly by reason of the negligence, carelessness and recklessness
of the defendants, their agents, servants and/or employees in the ownership, operation,
management, maintenance and control of the aforesaid premises and/or the public sidewalk, and
more particularly the area in front of Shell Gas Station, in that they failed to have and keep the
public sidewalk at the place aforesaid in a safe and proper manner; in that they caused, allowed and
permitted the said public sidewalk to be, become and remain in a broken, uneven, raised irregular
and defective condition and to be so maintained as to prevent safe passage over and along the same
by pedestrians, including this plaintiff; in that they caused, allowed and permitted the said public
sidewalk at the place above mentioned to be, become and remain for a period of time after notice,
either actual or constructive, in a dangerous, hazardous and unsafe condition and to be so
8
8 of 11maintained as to prevent safe passage over and along the same; in that they caused, allowed and
permitted the said sidewalk to be negligently, carelessly and recklessly maintained; in that they
caused, allowed and permitted the said sidewalk to constitute a danger, a hazard and a trap to
persons lawfully traversing the same; in that they failed to make timely, adequate and proper
inspections of the condition of the said sidewalk and to remedy the same; in that they failed to
employ adequate and competent personnel to inspect, maintain and/or repair the said sidewalk; in
that they failed to make timely, adequate and proper repairs to the said sidewalk; in that they failed
to warn the plaintiff of the uneven, raised and irregular conditions existing in and upon the said
sidewalk; in that they failed to erect barriers, guards or other warnings at, about and around the
broken, uneven, raised and irregular conditions existing in and upon the said sidewalk; in that they
violated the statutes, ordinances, rules and regulations in the cases made and provided; in that they
were inattentive to their duties wherein had they been attentive to their duties the accident and
ensuing injuries could have and would have been avoided; in that they failed to act as reasonable
and prudent persons could have and would have under the circumstances and conditions then and
there prevailing; in that they acted in reckless disregard for the safety of others and this plaintiff in
particular; and in that they failed to take all necessary and proper means and precautions to avoid
the said accident. ,
64. That the defendants, their agents, servants and/or employees, knew or in the
exercise of reasonable care could and should have known of the broken, uneven, raised irregular
and defective conditions complained of.
65. That as a result of the negligence of the defendants, their agents, servants
and/or employees, plaintiff sustained injuries to various parts of his head, body, limbs and nervous
system and, upon information and belief, some of his said injuries are of a permanent and/or
protracted nature; that by reason thereof, he was confined to hospital, bed and home and prevented
from attending to his usual duties and activities and he was required and will be required to obtain
medical aid and attention in an effort to cure and alleviate his said injuries, and incurred obligations
9
9 of 11therefor.
WHEREFORE, plaintiff demands judgment against the defendants, in an amount that
exceeds the jurisdictional limits of all lower Courts, together with costs and disbursements of this
action.
Dated: New York, New York
June 28, 2016
ADAM S. BERNSTEI, ESQ.
BUDIN, REISMAN, KUPFERBERG & BERNSTEIN, LLP
Attorneys for Plainyi
112 Madison Ayénue, 2nd Floor
New York, New York 10016
(212) 696-5500
File # HH10582;wad
10 of 11VERIFICATION
The undersigned, being an attorney duly admitted to practice in the Courts of the
State of New York, affirms under the penalties of perjury:
That I am one of the attorneys for the plaintiff in the within action; that I have read
and know the contents of the foregoing complaint, and that the same is true to my own knowledge,
except as to the matters therein stated to be alleged upon information and belief, and that as to those
matters I believe it to be true.
This verification is made by affirmation and not by plaintiff herein because the
plaintiff is not presently within the county wherein affirmant maintains an office.
This verification is based on information furnished by plaintiff in this action and
information contained in affirmant's file.
Dated: New York, New York
June 28, 2016
11 of 11
Preview
(FILED: KINGS COUNTY CLERK 0771872016 01:20 PM INDEX NO. 512225/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/18/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS soceerresnrceenrenmnncenenanannannnmnnnnnnnmnen eens Serer eer x Index No.: SANMI OJO Plaintiff designates Kings Plaintiff, County as the place of trial. -against- SUMMONS The basis of venue is: MANNY ENTERPRISES LLC, SHELL GAS STATION, Plaintiff's residence ATLANTIC AVE FUEL CORP., MORVARY LLC and M&V LLC Plaintiff resides at: 1073 Dean Street Defendants. County of Kings To the above named Defendants 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 attorneys within (20) twenty days after the service of this summons exclusive of the day of service, where service is made by delivery upon you personally within the state, or within (30) thirty days after completion of service where service is made in any other manner. 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 June 28, 2016 New York, Néw York 10016-7416 (212) 696-5500 - Our File # HH10582 Defendants' Addresses: MANNY ENTERPRISES LLC, c/o Manny Shurka, 150 East 58" Street, Suite 2400, NY, NY 10155 SHELL GAS STATION, 1064 Atlantic Avenue, Brooklyn, New York 11238 ATLANTIC AVE FUEL CORP., 1064 Atlantic Avenue, Brooklyn, NY 11238 MORVARY LLC, c/o SIG, 105 East 58" Street, Suite 2400, New York, NY 10155 M&V LLC, c/o SIG, 150 East 58" Street, Suite 2400, New York, NY 10155 1 of 11SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS wanes eee nen nennnn nnn nnnannneeenennnenennnneeenemeeneenenecneeecene xX SANMI OJO, VERIFIED COMPLAINT Plaintiff, Index No.: -against- MANNY ENTERPRISES LLC, SHELL GAS STATION, ATLANTIC AVE FUEL CORP., MORVARY LLC and M&V LLC, Defendants. wenencennneeeteeennecenenennsennneenennereenennenenneeceennnnee -X Plaintiff, by his attorneys, BUDIN, REISMAN, KUPFERBERG & BERNSTEIN, LLP, complaining of the defendants herein, respectfully show to this Court and allege: 1. That this action falls within one or more of the exemptions set forth in CPLR §1602. 2. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MANNY ENTERPRISES LLC was a domestic limited liability company. 3. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MANNY ENTERPRISES LLC was a foreign limited liability company. 4. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MANNY ENTERPRISES LLC did business in the State of New York. 5. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant SHELL GAS STATION was a domestic limited liability company. 6. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant SHELL GAS STATION was a foreign limited liability company. 7. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant SHELL GAS STATION did business in the State of New York. 2 of 118. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant ATLANTIC AVE FUEL CORP. was a domestic corporation. 9 Upon information and belief, that at all of the times and places hereinafter mentioned, defendant ATLANTIC AVE FUEL CORP. was a foreign corporation. 10. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant ATLANTIC AVE FUEL CORP. did business in the state of New York, 11. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MORVARY LLC was a domestic limited liability company. 12. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MORVARY LLC was a foreign limited liability company. 13. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MORVARY LLC did business in the state of New York. 14. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant M&V LLC was a domestic limited liability company. 15. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant M&V LLC was a foreign limited liability company. 16. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant M&V LLC did business in the state of New York. 17. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MANNY ENTERPRISES LLC was the owner of premises known as Shell Gas Station, located at 1064 Atlantic Avenue, in the County of Kings, City and State of New York. 18. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant SHELL GAS STATION was the owner of premises known as Shell Gas Station, located at 1064 Atlantic Avenue, in the County of Kings, City and State of New York. 19. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant ATLANTIC AVE FUEL CORP., was the owner of premises known as Shell 3 3 of 11Gas Station, located at 1064 Atlantic Avenue, in the County of Kings, City and State of New York 20. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MORVARY LLC was the owner of premises known as Shell Gas Station, located at 1064 Atlantic Avenue, in the County of Kings, City and State of New York. 21. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant M&M LLC was the owner of premises known as Shell Gas Station, located at 1064 Atlantic Avenue, in the County of Kings, City and State of New York. 22. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MANNY ENTERPRISES LLC leased and/or rented the aforesaid premises. 23. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant SHELL GAS STATION leased and/or rented the aforesaid premises. 24, Upon information and belief, that at all of the times and places hereinafter mentioned, defendant ATLANTIC AVE FUEL CORP. leased and/or rented the aforesaid premises. 25. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MORVARY LLC leased and/or rented the aforesaid premises. 26. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant M&V LLC leased and/or rented the aforesaid premises. 27. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MANNY ENTERPRISES LLC operated the aforesaid premises. 28. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant SHELL GAS STATION operated the aforesaid premises. 29. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant ATLANTIC AVE FUEL CORP. operated the aforesaid premises. 30. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MORVARY LLC operated the aforesaid premises. 31. | Upon information and belief, that at all of the times and places hereinafter 4 4 of 11mentioned, defendant M&V LLC operated the aforesaid premises. 32. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MANNY ENTERPRISES LLC managed the aforesaid premises. 33. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant SHELL GAS STATION managed the aforesaid premises. 34. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant ATLANTIC AVE FUEL CORP. managed the aforesaid premises. 35. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MORVARY LLC managed the aforesaid premises. 36. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant M&V LLC managed the aforesaid premises. 37. Upon information and belief, that at all of the times and places hereinafter mentioned, the aforesaid premises was under the control of the defendant MANNY ENTERPRISES LLC. 38. Upon information and belief, that at all of the times and places hereinafter mentioned, the aforesaid premises was under the control of the defendant SHELL GAS STATION. 39. Upon information and belief, that at all of the times and places hereinafter mentioned, the aforesaid premises was under the control of the defendant ATLANTIC AVE FUEL CORP. 40. Upon information and belief, that at all of the times and places hereinafter mentioned, the aforesaid premises was under the control of the defendant MORVARY LLC. 41. Upon information and belief, that at all of the times and places hereinafter mentioned, the aforesaid premises was under the control of the defendant M&V LLC. 42, Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MANNY ENTERPRISES LLC its agents, servants and/or employees maintained the aforesaid premises. 5 of 1143. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant SHELL GAS STATION its agents, servants and/or employees maintained the aforesaid premises. 44. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant ATLANTIC AVE FUEL CORP. its agents, servants and/or employees maintained the aforesaid premises. 45. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant MORVARY LLC its agents, servants and/or employees maintained the aforesaid premises. 46. Upon information and belief, that at all of the times and places hereinafter mentioned, defendant M&V LLC its agents, servants and/or employees maintained the aforesaid premises. 47. Upon information and belief, that at all of the times and places hereinafter mentioned, it was the duty of the defendant MANNY ENTERPRISES LLC its agents, servants and/or employees to keep the aforesaid premises in a safe and proper manner. 48. Upon information and belief, that at all of the times and places hereinafter mentioned, it was the duty of the defendant SHELL GAS STATION its agents, servants and/or employees to keep the aforesaid premises in a safe and proper manner. 49. Upon information and belief, that at all of the times and places hereinafter mentioned, it was the duty of the defendant ATLANTIC AVE FUEL CORP. its agents, servants and/or employees to keep the aforesaid premises in a safe and proper manner. 50. Upon information and belief, that at all of the times and places hereinafter mentioned, it was the duty of the defendant MORVARY LLC its agents, servants and/or employees to keep the aforesaid premises in a safe and proper manner. 51. Upon information and belief, that at all of the times and places hereinafter mentioned, it was the duty of the defendant M&V LLC its agents, servants and/or employees to 6 6 of 11keep the aforesaid premises in a safe and proper manner. 52. Upon information and belief, that at all of the times and places hereinafter mentioned, it was the duty of the defendant MANNY ENTERPRISES LLC its agents, servants and/or employees to keep the public sidewalk adjacent to and abutting the aforesaid premises in a safe and proper manner. 53. Upon information and belief, that at all of the times and places hereinafter mentioned, the aforesaid public sidewalk inured to the special use and benefits of the defendant, MANNY ENTERPRISES LLC. 54. Upon information and belief, that at all of the times and places hereinafter mentioned, it was the duty of the defendant SHELL GAS STATION its agents, servants and/or employees to keep the public sidewalk adjacent to and abutting the aforesaid premises in a safe and proper manner. 55. Upon information and belief, that at all of the times and places hereinafter mentioned, the aforesaid public sidewalk inured to the special use and benefits of the defendant, SHELL GAS STATION. 56. Upon information and belief, that at all of the times and places hereinafter mentioned, it was the duty of the defendant ATLANTIC AVE FUEL CORP. its agents, servants and/or employees to keep the public sidewalk adjacent to and abutting the aforesaid premises in a safe and proper manner. 57. Upon information and belief, that at all of the times and places hereinafter mentioned, the aforesaid public sidewalk inured to the special use and benefits of the defendant, ATLANTIC AVE FUEL CORP. 58. Upon information and belief, that at all of the times and places hereinafter mentioned, it was the duty of the defendant MORVARY LLC its agents, servants and/or employees to keep the public sidewalk adjacent to and abutting the aforesaid premises in a safe and proper manner. 7 of 1159. Upon information and belief, that at all of the times and places hereinafter mentioned, the aforesaid public sidewalk inured to the special use and benefits of the defendant, MORVARY LLC. 60. Upon information and belief, that at all of the times and places hereinafter mentioned, it was the duty of the defendant M&V LLC its agents, servants and/or employees to keep the public sidewalk adjacent to and abutting the aforesaid premises in a safe and proper manner. 61, Upon information and belief, that at all of the times and places hereinafter mentioned, the aforesaid public sidewalk inured to the special use and benefits of the defendant, M&V LLC. 62. That on or about September 20, 2015, while plaintiff was traversing the public sidewalk in front of premises 1064 Atlantic Avenue, in the County of Kings, City and State of New York and more particularly, in front of Shell Gas Station, he was caused to trip and/or fall as a result of the broken, uneven, raised irregular and defective condition of the aforesaid public sidewalk. 63. That the said accident and the injuries and damages to the plaintiff resulting therefrom were caused solely and wholly by reason of the negligence, carelessness and recklessness of the defendants, their agents, servants and/or employees in the ownership, operation, management, maintenance and control of the aforesaid premises and/or the public sidewalk, and more particularly the area in front of Shell Gas Station, in that they failed to have and keep the public sidewalk at the place aforesaid in a safe and proper manner; in that they caused, allowed and permitted the said public sidewalk to be, become and remain in a broken, uneven, raised irregular and defective condition and to be so maintained as to prevent safe passage over and along the same by pedestrians, including this plaintiff; in that they caused, allowed and permitted the said public sidewalk at the place above mentioned to be, become and remain for a period of time after notice, either actual or constructive, in a dangerous, hazardous and unsafe condition and to be so 8 8 of 11maintained as to prevent safe passage over and along the same; in that they caused, allowed and permitted the said sidewalk to be negligently, carelessly and recklessly maintained; in that they caused, allowed and permitted the said sidewalk to constitute a danger, a hazard and a trap to persons lawfully traversing the same; in that they failed to make timely, adequate and proper inspections of the condition of the said sidewalk and to remedy the same; in that they failed to employ adequate and competent personnel to inspect, maintain and/or repair the said sidewalk; in that they failed to make timely, adequate and proper repairs to the said sidewalk; in that they failed to warn the plaintiff of the uneven, raised and irregular conditions existing in and upon the said sidewalk; in that they failed to erect barriers, guards or other warnings at, about and around the broken, uneven, raised and irregular conditions existing in and upon the said sidewalk; in that they violated the statutes, ordinances, rules and regulations in the cases made and provided; in that they were inattentive to their duties wherein had they been attentive to their duties the accident and ensuing injuries could have and would have been avoided; in that they failed to act as reasonable and prudent persons could have and would have under the circumstances and conditions then and there prevailing; in that they acted in reckless disregard for the safety of others and this plaintiff in particular; and in that they failed to take all necessary and proper means and precautions to avoid the said accident. , 64. That the defendants, their agents, servants and/or employees, knew or in the exercise of reasonable care could and should have known of the broken, uneven, raised irregular and defective conditions complained of. 65. That as a result of the negligence of the defendants, their agents, servants and/or employees, plaintiff sustained injuries to various parts of his head, body, limbs and nervous system and, upon information and belief, some of his said injuries are of a permanent and/or protracted nature; that by reason thereof, he was confined to hospital, bed and home and prevented from attending to his usual duties and activities and he was required and will be required to obtain medical aid and attention in an effort to cure and alleviate his said injuries, and incurred obligations 9 9 of 11therefor. WHEREFORE, plaintiff demands judgment against the defendants, in an amount that exceeds the jurisdictional limits of all lower Courts, together with costs and disbursements of this action. Dated: New York, New York June 28, 2016 ADAM S. BERNSTEI, ESQ. BUDIN, REISMAN, KUPFERBERG & BERNSTEIN, LLP Attorneys for Plainyi 112 Madison Ayénue, 2nd Floor New York, New York 10016 (212) 696-5500 File # HH10582;wad 10 of 11VERIFICATION The undersigned, being an attorney duly admitted to practice in the Courts of the State of New York, affirms under the penalties of perjury: That I am one of the attorneys for the plaintiff in the within action; that I have read and know the contents of the foregoing complaint, and that the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters I believe it to be true. This verification is made by affirmation and not by plaintiff herein because the plaintiff is not presently within the county wherein affirmant maintains an office. This verification is based on information furnished by plaintiff in this action and information contained in affirmant's file. Dated: New York, New York June 28, 2016 11 of 11