Preview
FILED: KINGS COUNTY CLERK 09/28/2023 12:16 PM INDEX NO. 510601/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/28/2023
"A"
EXHIBIT
FILED: KINGS COUNTY CLERK 09/28/2023 12:16 PM INDEX NO. 510601/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/28/2023
INDEX NO. 510601/2020
FILED : KINGS COUNTY CLERK :
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_________________________________________Ç
STACEY DAVIS,
Plaintiff, Index No.:
-against- Filed On:
SUMMONS
THE CITY OF NEW YORK, THE NEW YORK CITY
DEPARTMENT OF SOCIAL SERVICES, AND THE
NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES,
Defendants.
_________________________________________Ç
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to appear in the Supreme Court of the
State of New York, County of Kings, at the office of said Court at
360 Adams Street, in the County of Kings, City and State of New
York, within the time provided by law as noted below and to file
your answer to the Verified Complaint in this action and to serve
plaintiffs'
a copy of your answer on rhe counsel within twenty
( 2 O) days after th e s e rvi ce o f this summons if same is served upon
you personally or within thirty (30) days if served other than
personally. In case of failure to appear or answer, judgment will
be taken against you by default for the relief demanded in the
complaint.
Plaintiffs'
The basis of venue is the residence in the County
of Kings, State of New York.
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Dated: Brooklyn, New York
May 26, 2020
Yours etc.
Kevin Gratt
Gratt & Associates, P.C.
Attorneys for Plaintiff
2021 Nostrand Avenue, Suite 2
Brooklyn, NY 11210
(718) 963-3339
DEFENDANTS'
ADDRESSES
THE CITY OF NEW YORK
1 Centre Street
New York, NY 10007-2341
THE NEW YORK CITY DEPARTMENT
OF SOCIAL SERVICES
THE NEW YORK CITY DEPARTMENT
OF HOMELESS SERVICES
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_________________________________________Ç
STACEY DAVIS,
Index No.:
Plaintiff, Filed On:
-against-
VERIFIED COMPLAINT
THE CITY OF NEW YORK, THE NEW YORK CITY
DEPARTMENT OF SOCIAL SERVICES, AND
THE NEW YORK CITY DEPARTMENT
OF HOMELESS SERVICES,
Defendants.
Plaintiff by her attorneys GRATT & ASSOCIATES, P.C.,
complaining of the defendants herein, respectfully shows ro this
Court and alleges as follows:
1. Plaintiff STACEY DAVIS at all times herein mentioned
was and still is a resident of the County of Kings, State of New
York.
2. Upon information and belief, defendant THE CITY OF NEW
YORK, (hereinafter CITY) at all times herein mentioned was and
still is a domestic municipal corporation duly organized and
existing under the laws of the State of New York.
3. CITY is a public authority within the meaning of the
Public Authorities Law.
4. CITY is a municipality within the meaning of the
General municipal Law.
5. Upon information and belief, defendant THE NEW YORK
CITY DEPARTMENT OF SOCIAL SERVICES (hereinafter NYCDSS) at all
times herein menrioned was and still is a domestic municipal
corporation duly organized and existing under the laws of the
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State of New York.
6. NYCDSS is a public authority within the meaning of the
Public Authorities Law.
7. NYCDSS is a municipality within the meaning of the
General municipal Law.
8. Upon information and belief, defendant THE NEW YORK
CITY DEPARTMENT OF HOMELESS SERVICES, (hereinafter NYCDHS) at all
times herein mentioned was and still is a domestic municipal
corporation duly organized and existing under the laws of the
State of New York.
9. NYCDHS is a public authority within the meaning of the
Public Authorities Law.
10. NYCDHS is a municipality within the meaning of the
General municipal Law.
11. Plaintiff's Notice of Claim and Intention to Sue
thereon wa s duly served upon defendant CITY on or about November
12, 2019.
12. Plaintiff's Notice of Claim and Intention to Sue
thereon was duly served upon defendant NYCDSS on or about November
12, 2019.
13. Plaintiff's Notice of Claim and Intention to Sue
thereon was duly served upon defendant NYCDHS on or about November
12, 2019.
14 . De fendanr CITY have wholly neglected and refused Lo
make an adjustment in payment thereof for more than thirty days
after service upon it of said Notice of Claim and Intention to
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Sue.
15. Defendant NYCDSS have wholly neglected and refused to
make an adjustment in payment thereof for more than thirty days
after service upon it of said Notice of Claim and Intention to
Sue.
16. Defendant NYCDHS have wholly neglected and refused to
make an adjustment in payment thereof for more than thirty days
after service upon it of said Notice of Claim and Intention to
Sue.
17. The instant action is commenced by service of the
plaintiff's Summons and Complaint upon the CITY within one year
and ninety days after the accrual of plaintiff's causes of action.
18. The instant action is commenced by service of the
plaintiff's Summons and Complaint upon the NYCDSS within one year
and ninety days after the accrual of plaintiff's causes of action.
19. The instant action is commenced by service of the
plaintiff's Summons and Complaint upon the NYCDHS within one year
and ninety days after the accruel of plaintiff's causes of action.
20. Plaintiff is in full compliance with General Municipal
Law §50-H having submitted to an examination under oath on
January 10, 2020.
21. CITY, NYCDSS, and NYCDHS waived their 50-H physical
examination of plaintiff.
22. Plaintiff has complied with all conditions precedent to
suit.
23. This action falls within one of the exemptions as set
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forth in Article 16 of the CPLR.
24. This cause of action arose in the City and State of New
York, County of Kings.
25. This cause of action arose on the public sidewalk in
front of the building located at 108-75 Avenue D, County of
Kings, City and State of New York on or about August 17, 2019.
26. On or about August 17, 2019, plaintiff was lawfully and
on the public sidewalk at or in front of 108-
rightfully walking
75 Avenue D, County of Kings, City and State of New York
(hereinafter the "Premises") .
AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE CITY OF NEW YORK
27. At all times alleged herein, the CITY was in the
business of owning property and being a landlord within the City
and State of New York.
28. At all times alleged herein, CITY was responsible for
the maintenance and upkeep of the sidewalk area in front of the
building at Premises.
29. At all times alleged herein, CITY owned the Premises
and its appurtenances located rhereat.
30. At all times alleged herein, CITY operated Premises and
its appurtenances located thereat.
31. At all times alleged herein, CITY managed Premises and
its appurtenances located thereat.
32. At all times alleged herein, CITY maintained Premises
and its appurtenances located thereat.
33. At all times alleged herein, CITY controlled Premises
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and its appurtenances located thereat.
34. At all times alleged herein, CITY committed a tortious
act within the State of New York.
35. CITY A had a non-delegable duty in connection with the
ownership, operation, management, maintenance, repair, inspection
and/or control of Premises.
36. CITY had a contractual relationship with NYCDHS, and
NYCDSS.
37. CITY had a business relationship with NYCDSS and
NYCDHS.
38. At all times alleged herein, CITY used and/or provided
the Premises for the purposes of providing a thoroughfare for
pedestrians lawfully walking on the sidewalk thereat.
39. At all times alleged herein, CITY had a duty to inspect
the Premises.
40. At all times alleged herein, CITY had a duty to repair
the Premises.
41. At all times alleged herein, CITY was a lessor of the
building at Premises.
42. At all times alleged herein, CITY was a lessee of the
building at Premises.
43. At all times alleged herein, CITY organized the
Premises for the purposes of providing a commercial and/or retail
establishment.
44. At all times alleged herein, CITY utilized the Premises
as a multiple dwelling.
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45. At all times alleged herein, CITY utilized the Premises
as a mixed use facility consisting of commercial and residential
units.
46. At all times alleged herein, CITY utilized the Premises
as a commercial property.
47. At all times alleged herein, CITY inspected the
Premises for the above stated purposes.
48. On or about August 17, 2019, plaintiff was lawfully and
rightfully walking on the sidewalk in front of 108-75 Avenue D
towards Linden Boulevard was caused to be knocked and propelled
to the ground by reason of a sunken, raised, broken, depressed,
hazardous, dangerous, trap-like, uneven and defective and/or
improperly constructed sidewalk at the location. The
aforementioned crack/crevice and/or unleveled sidewalk was 25
feet, 7 inches to the nearest lamppost on Avenue D towards Linden
Boulevard. Said nearest lamppost from said defect is measured 96
feet and 10 inches to the next lamppost at the corner of Linden
Boulevard and Avenue D. By reason of the foregoing and the
negligence of the defendants, the plaintiff was caused to bo
knocked and propelled to the ground by reason of an uneven, raised
and otherwise defective, hazardous, and dangerous area of the
sidewalk at location.
49. The above mentioned occurrence and the results thereof
were caused by the negligence of the defendants and/or said
defendants'
servants, agents, employees and/or licensees in the
operation, management, maintenance and control of the aforesaid
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sidewalk, and in causing, allowing and permitting said 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
and/or hazardous condition; in causing, allowing and a
permitting
trap to exist at said location; in failing to maintain the
aforesaid sidewalk in a reasonably safe and proper condition; in
failing to provide Plaintiff with a safe and proper environment on
said sidewalk; in causing, allowing and permitting the existence
of a condition which constituted a trap, nuisance, menace and
danger to persons lawfully on said sidewalk; in failing to have
taken necessary steps and measures to have prevented the above
mentioned location from being used while in said dangerous
condition; in failing to give Plaintiff adequate and timely
signal, notice or warning of said condition; in negligently and
carelessly causing and permitting the above said sidewalk to be
and remain in
Preview
FILED: KINGS COUNTY CLERK 09/28/2023 12:16 PM INDEX NO. 510601/2020 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/28/2023 "A" EXHIBIT FILED: KINGS COUNTY CLERK 09/28/2023 12:16 PM INDEX NO. 510601/2020 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/28/2023 INDEX NO. 510601/2020 FILED : KINGS COUNTY CLERK : NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _________________________________________Ç STACEY DAVIS, Plaintiff, Index No.: -against- Filed On: SUMMONS THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES, AND THE NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES, Defendants. _________________________________________Ç TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to appear in the Supreme Court of the State of New York, County of Kings, at the office of said Court at 360 Adams Street, in the County of Kings, City and State of New York, within the time provided by law as noted below and to file your answer to the Verified Complaint in this action and to serve plaintiffs' a copy of your answer on rhe counsel within twenty ( 2 O) days after th e s e rvi ce o f this summons if same is served upon you personally or within thirty (30) days if served other than personally. In case of failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Plaintiffs' The basis of venue is the residence in the County of Kings, State of New York. 1 of 22 FILED: KINGS COUNTY CLERK 09/28/2023 12:16 PM INDEX NO. 510601/2020 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/28/2023 INDEX NO. 510601/2020 FILED: KINGS COUNTY CLERK :1 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2020 Dated: Brooklyn, New York May 26, 2020 Yours etc. Kevin Gratt Gratt & Associates, P.C. Attorneys for Plaintiff 2021 Nostrand Avenue, Suite 2 Brooklyn, NY 11210 (718) 963-3339 DEFENDANTS' ADDRESSES THE CITY OF NEW YORK 1 Centre Street New York, NY 10007-2341 THE NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES THE NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES 2 of 22 FILED: KINGS COUNTY CLERK 09/28/2023 12:16 PM INDEX NO. 510601/2020 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/28/2023 INDEX NO. 510601/2020 FILED: KINGS COUNTY CLERK : NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _________________________________________Ç STACEY DAVIS, Index No.: Plaintiff, Filed On: -against- VERIFIED COMPLAINT THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES, AND THE NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES, Defendants. Plaintiff by her attorneys GRATT & ASSOCIATES, P.C., complaining of the defendants herein, respectfully shows ro this Court and alleges as follows: 1. Plaintiff STACEY DAVIS at all times herein mentioned was and still is a resident of the County of Kings, State of New York. 2. Upon information and belief, defendant THE CITY OF NEW YORK, (hereinafter CITY) at all times herein mentioned was and still is a domestic municipal corporation duly organized and existing under the laws of the State of New York. 3. CITY is a public authority within the meaning of the Public Authorities Law. 4. CITY is a municipality within the meaning of the General municipal Law. 5. Upon information and belief, defendant THE NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES (hereinafter NYCDSS) at all times herein menrioned was and still is a domestic municipal corporation duly organized and existing under the laws of the 3 of 22 FILED: KINGS COUNTY CLERK 09/28/2023 12:16 PM INDEX NO. 510601/2020 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/28/2023 INDEX NO. 510601/2020 FILED: KINGS COUNTY CLERK 6 : NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2020 State of New York. 6. NYCDSS is a public authority within the meaning of the Public Authorities Law. 7. NYCDSS is a municipality within the meaning of the General municipal Law. 8. Upon information and belief, defendant THE NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES, (hereinafter NYCDHS) at all times herein mentioned was and still is a domestic municipal corporation duly organized and existing under the laws of the State of New York. 9. NYCDHS is a public authority within the meaning of the Public Authorities Law. 10. NYCDHS is a municipality within the meaning of the General municipal Law. 11. Plaintiff's Notice of Claim and Intention to Sue thereon wa s duly served upon defendant CITY on or about November 12, 2019. 12. Plaintiff's Notice of Claim and Intention to Sue thereon was duly served upon defendant NYCDSS on or about November 12, 2019. 13. Plaintiff's Notice of Claim and Intention to Sue thereon was duly served upon defendant NYCDHS on or about November 12, 2019. 14 . De fendanr CITY have wholly neglected and refused Lo make an adjustment in payment thereof for more than thirty days after service upon it of said Notice of Claim and Intention to 4 of 22 FILED: KINGS COUNTY CLERK 09/28/2023 12:16 PM INDEX NO. 510601/2020 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/28/2023 INDEX NO. 510601/2020 FILED: KINGS COUNTY CLERK : NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2020 Sue. 15. Defendant NYCDSS have wholly neglected and refused to make an adjustment in payment thereof for more than thirty days after service upon it of said Notice of Claim and Intention to Sue. 16. Defendant NYCDHS have wholly neglected and refused to make an adjustment in payment thereof for more than thirty days after service upon it of said Notice of Claim and Intention to Sue. 17. The instant action is commenced by service of the plaintiff's Summons and Complaint upon the CITY within one year and ninety days after the accrual of plaintiff's causes of action. 18. The instant action is commenced by service of the plaintiff's Summons and Complaint upon the NYCDSS within one year and ninety days after the accrual of plaintiff's causes of action. 19. The instant action is commenced by service of the plaintiff's Summons and Complaint upon the NYCDHS within one year and ninety days after the accruel of plaintiff's causes of action. 20. Plaintiff is in full compliance with General Municipal Law §50-H having submitted to an examination under oath on January 10, 2020. 21. CITY, NYCDSS, and NYCDHS waived their 50-H physical examination of plaintiff. 22. Plaintiff has complied with all conditions precedent to suit. 23. This action falls within one of the exemptions as set 5 of 22 FILED: KINGS COUNTY CLERK 09/28/2023 12:16 PM INDEX NO. 510601/2020 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: INDEX NO. 09/28/2023 510601/2020 FILED: KINGS COUNTY CLERK : NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2020 forth in Article 16 of the CPLR. 24. This cause of action arose in the City and State of New York, County of Kings. 25. This cause of action arose on the public sidewalk in front of the building located at 108-75 Avenue D, County of Kings, City and State of New York on or about August 17, 2019. 26. On or about August 17, 2019, plaintiff was lawfully and on the public sidewalk at or in front of 108- rightfully walking 75 Avenue D, County of Kings, City and State of New York (hereinafter the "Premises") . AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE CITY OF NEW YORK 27. At all times alleged herein, the CITY was in the business of owning property and being a landlord within the City and State of New York. 28. At all times alleged herein, CITY was responsible for the maintenance and upkeep of the sidewalk area in front of the building at Premises. 29. At all times alleged herein, CITY owned the Premises and its appurtenances located rhereat. 30. At all times alleged herein, CITY operated Premises and its appurtenances located thereat. 31. At all times alleged herein, CITY managed Premises and its appurtenances located thereat. 32. At all times alleged herein, CITY maintained Premises and its appurtenances located thereat. 33. At all times alleged herein, CITY controlled Premises 6 of 22 FILED: KINGS COUNTY CLERK 09/28/2023 12:16 PM INDEX NO. 510601/2020 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/28/2023 INDEX NO. 510601/2020 FILED: KINGS COUNTY CLERK : NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2020 and its appurtenances located thereat. 34. At all times alleged herein, CITY committed a tortious act within the State of New York. 35. CITY A had a non-delegable duty in connection with the ownership, operation, management, maintenance, repair, inspection and/or control of Premises. 36. CITY had a contractual relationship with NYCDHS, and NYCDSS. 37. CITY had a business relationship with NYCDSS and NYCDHS. 38. At all times alleged herein, CITY used and/or provided the Premises for the purposes of providing a thoroughfare for pedestrians lawfully walking on the sidewalk thereat. 39. At all times alleged herein, CITY had a duty to inspect the Premises. 40. At all times alleged herein, CITY had a duty to repair the Premises. 41. At all times alleged herein, CITY was a lessor of the building at Premises. 42. At all times alleged herein, CITY was a lessee of the building at Premises. 43. At all times alleged herein, CITY organized the Premises for the purposes of providing a commercial and/or retail establishment. 44. At all times alleged herein, CITY utilized the Premises as a multiple dwelling. 7 of 22 FILED: KINGS COUNTY CLERK 09/28/2023 12:16 PM INDEX NO. 510601/2020 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: INDEX NO. 09/28/2023 510601/2020 FILED: KINGS COUNTY CLERK 2 : NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2020 45. At all times alleged herein, CITY utilized the Premises as a mixed use facility consisting of commercial and residential units. 46. At all times alleged herein, CITY utilized the Premises as a commercial property. 47. At all times alleged herein, CITY inspected the Premises for the above stated purposes. 48. On or about August 17, 2019, plaintiff was lawfully and rightfully walking on the sidewalk in front of 108-75 Avenue D towards Linden Boulevard was caused to be knocked and propelled to the ground by reason of a sunken, raised, broken, depressed, hazardous, dangerous, trap-like, uneven and defective and/or improperly constructed sidewalk at the location. The aforementioned crack/crevice and/or unleveled sidewalk was 25 feet, 7 inches to the nearest lamppost on Avenue D towards Linden Boulevard. Said nearest lamppost from said defect is measured 96 feet and 10 inches to the next lamppost at the corner of Linden Boulevard and Avenue D. By reason of the foregoing and the negligence of the defendants, the plaintiff was caused to bo knocked and propelled to the ground by reason of an uneven, raised and otherwise defective, hazardous, and dangerous area of the sidewalk at location. 49. The above mentioned occurrence and the results thereof were caused by the negligence of the defendants and/or said defendants' servants, agents, employees and/or licensees in the operation, management, maintenance and control of the aforesaid 8 of 22 FILED: KINGS COUNTY CLERK 09/28/2023 12:16 PM INDEX NO. 510601/2020 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 09/28/2023 INDEX KINGS COUNTY NO. 510601/2020 FILED: CLERK O 2: NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2020 sidewalk, and in causing, allowing and permitting said 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 and/or hazardous condition; in causing, allowing and a permitting trap to exist at said location; in failing to maintain the aforesaid sidewalk in a reasonably safe and proper condition; in failing to provide Plaintiff with a safe and proper environment on said sidewalk; in causing, allowing and permitting the existence of a condition which constituted a trap, nuisance, menace and danger to persons lawfully on said sidewalk; in failing to have taken necessary steps and measures to have prevented the above mentioned location from being used while in said dangerous condition; in failing to give Plaintiff adequate and timely signal, notice or warning of said condition; in negligently and carelessly causing and permitting the above said sidewalk to be and remain in