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FILED: RICHMOND COUNTY CLERK 03/14/2023 02:56 PM INDEX NO. 150465/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/14/2023
--------------------------- -------X
GUO YlNG JIANG
Plaintiff, AFFIDAVIT OF
- against - SERVICE
CHRISTINA REEP , MICHAEL RODRIGUEZ, MILDRED JOSEFSON
and THE CITY OF NEW YORK,
Defendants.
----------------------- ---------------X
Ya Qing Chen, being duly sworn deposes and says the following under the penalties of
perjury:
1. I am not a party to this action and am over the age of eighteen years of age and
reside in Kings County, New York.
2. On March 14, 2023, I served THE CITY OF NEW YORK by personally serving the annexed
SUMMONS and COMPLAINT on Sarah Jean-Charles, the service window clerk at the New York City Law
Department,
at: THEIR PLACE OF BUSINESS AT
100 Church Street, New York, NY 10007
DESCRIPTION OF THE INDIVIDUAL SERVED:
Male White Skin Black Hair X
Female X Black Skin X Brown Hair
Yellow Skin Blond Hair
Brown Skin _ Gray Hair _
Red Skin Red Hair
White Hair _
Balding
5'
14-20 Yrs. Under Under 100 lbs.
5'0"-5'3"
21-35 Yrs. 100-130 lbs.
5'4"-5'8"
36-50 Yrs. X X 131-160 lbs. X
5'9"-6'0"
51-65 Yrs. 161-200 lbs.
6'
Over 65 Over Ove 200 lbs.
YA QING CHEN
SWORN TO BEFORE ME THIS
I ' DAY OF Mcdt , 2023
SENBIN ZHANG
NOTARY PUBLIC, STATE OF NEW YORK
NO. 01ZH6339472
Qualified in Kings Cou
AR
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SUPREME COURT OF THE STATE OF NEW YORK Index No.: / D 6S / 2o23
COUNTY OF RICHMOND Filed: 3 / /o / 23
________..___________--------------Ç
GUO YlNG JIANG Plaintiffs designate
RICHMOND COUNTY as the
Plaintiff, place of trial.
- against -
SUMMONS
CHRISTINA REEP, MICHAEL RODRIGUEZ, MILDRED
JOSEFSON and THE CITY OF NEW YORK, The basis of venue is situs of
the Incident
Defendants.
___ __ ______--_____________Ç
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 Attorney within 20 days after the service of this summons, exclusive of the day of service (or
within 30 days after the service is complete if this summons is not personally delivered to you within the
State of New York): and in case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded herein.
Dated: Brooklyn, New York
March 10, 2023
Yours, etc.,
JAMES LO, ESQ., P.C.
Attorney for Plaintiff
janalo, Lsq.. P.C.
By: James Lo, Esq.
60th 3rd
817 Street, FlOOr
Brooklyn, NY 11220
(718) 567-7999
CHRISTINA REEP and MICHAEL RODRIGUEZ c
571 Hanover Avenue
Staten Island, NY 10304
MILDRED JOSEFSON c
819 WEST FINGERBOARD ROAD
STATEN ISLAND, NY 10305
THE CITY OF NEW YORK
100 Church Street
New York, NY 10007
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND Index No.: / 0 / 6+
X
GUO YING JIANG
Plaintiff,
- against -
c.
VERIFIED COMPLAINT
CHRISTINA REEP, MICHAEL RODRIGUEZ, MILDRED
JOSEFSON and THE CITY OF NEW YORK,
Defendants. .
3
______..--.----- ________..__Ç
PLEASE TAKE NOTICE, that the plaintiff, as and for her Verified Complaint, by her attorne
c
JAMES LO, ESQ., respectfully alleges as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. That at all times hereinafter mentioned, the Plaintiff was and still is a resident of
Richmond County, City and State of New York.
2. Upon information and belief, and at all times herein mentioned, Defendant
CHRISTINA REEP was and still is a resident of Richmond County, City and State of New York.
3. Upon information and belief, and at all times herein mentioned, Defendant MICHAEL
RODRIGUEZ was and still is a resident of Richmond County, City and State of New York.
4. Upon information and belief, and at all times herein mentioned, Defendant MILDRED
JOSEFSON was and still is a resident of Richmond County, City and State of New York.
5. That at all times hereinafter mentioned, the defendant, THE CITY OF NEW YORK, was
and still is a domestic municipal corporation duly authorized and existing under and by virtue of the laws
of the State of New York.
6. That at all times hereinafter mentioned, the defendant THE CITY OF NEW YORK was
and still is a domestic municipal corporation or public benefit corporation duly authorized and existing
under and by virtue of the laws of the State of New York.
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7. On October 31, 2022 and within 90 days after the claim hereunder arose, the plaintiff
caused a Notice of Claim in writing, sworn to and verified by claimant/plaintiff, to be served upon THE
CITY OF NEW YORK.
8. That at least thirty (30) days have elapsed prior to the commencement of this action
since the claim was presented to said defendants for adjustment as aforesaid and they have refused to
adjust or make payment thereof for thirty days after said presentation.
9. That this action was commenced within one year and ninety days after the cause of
action thereof accrued.
10. That this action is timely commenced pursuant to general municipal law, subsection
50-l(1).
11. That a statutory hearing was held by defendant THE CITY OF NEW YORK, pursuant
to Section 50-h of the General Municipal Law, on January 27, 2023.
12. That Plaintiff has complied and or will comply with the statutory requirements for
the commencement and prosecution of this action.
13. That at all times hereinafter mentioned, on July 31, 2022, the defendant MILDRED
JOSEFSON owned the building and premises located at 819 Fingerboard Road, in the County of
Richmond, City and State of New York.
14. That at all times hereinafter mentioned, the defendant MILDRED JOSEFSON
operated the aforementioned premises and the municipal right-of-way over her property, including the
tree(s) and brush located thereat.
15. That at all times hereinafter mentioned, the defendant MILDRED JOSEFSON
managed the aforementioned premises and the municipal right-of-way over her property, including the
tree(s) and brush located thereat.
16. That at all times hereinafter mentioned, the defendant MILDRED JOSEFSON
maintained the aforementioned premises and the municipal right-of-way over her property, including
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the tree(s) and brush located thereat.
17. That at all times hereinafter mentioned, the defendant MILDRED JOSEFSON
controlled and or supervised the aforementioned premises and the municipal right-of-way over her
property, including the tree(s) and brush located thereat.
18. That at all times hereinafter mentioned, the MILDRED JOSEFSON inspected the
aforementioned premises and the municipal right-of-way over her property, including the tree(s) and
brush located thereat.
19. That at all the times herein mentioned, the Defendant MILDRED JOSEFSON installed,
repaired and/or modified the aforementioned premises and the municipal right-of-way over her
property, including the tree(s) and brush located thereat.
20. That at all the times herein mentioned, the Defendant MILDRED JOSEFSON made
special use of the aforementioned premises and the municipal right-of-way over her property, including
the tree(s) and brush located thereat.
21. That at all times hereinafter mentioned, on July 31, 2022, the defendant THE CITY
OF NEW YORK owned the public sidewalk, and municipal right-of-way near and adjacent to West
Fingerboard Road and Clove Road, and more specifically in front of, near, adjacent to the crosswalk(s),
light(s) and building or house(s) located at 819 Fingerboard Road, in the County of Richmond, City and
State of New York.
22. That at all times hereinafter mentioned, the defendant THE CITY OF NEW YORK
operated the aforementioned sidewalk and municipal right-of-way over 819 Fingerboard Road, in the
County of Richmond, City and State of New York, including the tree(s) and brush located thereat.
23. That at all times hereinafter mentioned, the defendant THE CITY OF NEW YORK
managed the aforementioned sidewalk and municipal right-of-way over 819 Fingerboard Road, in the
County of Richmond, City and State of New York, including the tree(s) and brush located thereat.
24. That at all times hereinafter mentioned, the defendant THE CITY OF NEW YORK
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maintained the aforementioned sidewalk and municipal right-of-way over the property located at 819
Fingerboard Road, in the County of Richmond, City and State of New York, including the tree(s) and brush
located thereat.
25. That at all times hereinafter mentioned, the defendant THE CITY OF NEW YORK
controlled and or supervised the aforementioned sidewalk and municipal right-of-way over the property
located at 819 Fingerboard Road, in the County of Richmond, City and State of New York, including the
tree(s) and brush located thereat.
26. That at all times hereinafter mentioned, the defendant THE CITY OF NEW YORK
inspected the aforementioned sidewalk and municipal right-of-way over the property located at 819
Fingerboard Road, in the County of Richmond, City and State of New York, including the tree(s) and brush
located thereat.
27. That at all the times herein mentioned, the Defendant THE CITY OF NEW YORK
installed, repaired and/or modified the aforementioned sidewalk and municipal right-of-way over the
property located at 819 Fingerboard Road, in the County of Richmond, City and State of New York,
including the tree(s) and brush located thereat.
28. That at all the times herein mentioned, the Defendant THE CITY OF NEW YORK
made special use of the aforementioned sidewalk and municipal right-of-way over the property located
at 819 Fingerboard Road, in the County of Richmond, City and State of New York, including the tree(s)
and brush located thereat.
29. That at all times herein mentioned, the Defendants their agents, servants and/or
employees were under a duty and obligation to control, cut and prune the vegetation, tree(s)and brush on
the aforementioned property and municipal right-of-way which blocked or obstructed traffic signal(s),
device(s) and crosswalk(s) at West Fingerboard Road and Clove Road, in the County of Richmond, City and
State of New York, and which obstructed or minimized the line of sight of motorists traveling or
proceeding thereon from seeing said traffic signal(s), device(s) and crosswalk(s).
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30. That at all times herein mentioned, the Defendant THE CITY OF NEW YORK, its
agents, servants and/or employees had/has the nondelegable duty to maintain the aforementioned
public roads and highways in a reasonably safe condition, a duty which extends to conditions adjacent to
the public roads and highways, which includes controlling, cutting or pruning overgrown vegetation,
tree(s)and brush to prevent the same from obstructing traffic signal(s), device(s) or crosswalk(s) which
motorists must obey or rely upon to see other motorists and pedestrians, and to allow pedestrians to see
oncoming motor vehicles, and where said defendant also had a duty to control, trim or prune said
growth within the roadway's right-of-way to assure visibility of traffic signals, traffic devices and
crosswalks.
31. That at all times herein mentioned, the Defendants had been responsible through
its agents, servants, licensees and/or employees for creating and causing the dangerous condition on the
aforementioned property and municipal right-of-way which involved overgrown vegetation, tree(s)and
brush which obstructed the traffic control device(s), traffic control signal(s) and crosswalk(s) located
thereat.
32. That at all times herein mentioned, the Defendants, their agents, servants and/or
employees caused, permitted and allowed the aforesaid vegetation, tree(s)and brush to be, become and
remain in a dangerous, hazardous and negligent state, to be overgrown and which obstructed the traffic
control device(s), traffic control signal(s) and crosswalk(s) at the aforementioned location which
motorists must obey or rely upon to see other motorists and pedestrians, and for pedestrians to see
oncoming motor vehicles, and Defendants had a duty to trim growth within the highway's right-of-way to
Defendants'
assure visibility of traffic signals, traffic devices and crosswalks, and breached those duties,
all resulting in a trap and nuisance and which was a proximate cause of Plaintiff's incident.
33. That the aforesaid occurrence and the injuries resulting therefrom were caused by
the negligence, carelessness and recklessness of the Defendants, their agents, servants and/or employees,
jointly and severally.
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34. That notice of the aforesaid defective, unsafe, dangerous or obstructed condition
was given to the Defendants, their agents, servants and/or employees and/or there was previous injury to
person or property as the result of the existence of the defective, unsafe, dangerous condition and notice
thereof was given to the Defendants, their agents, servants and/or employees.
35. That the Defendants, their agents, servants and/or employees caused and or
created the aforementioned dangerous, unsafe and defective conditions.
36. Upon information and belief that at all times herein mentioned, the Defendant
MICHAEL RODRIGUEZ owned a certain motor vehicle bearing New York State license plate number
KPL3562 on July 31, 2022.
37. Upon information and belief that at all times herein mentioned, the Defendant
CHRISTINA REEP operated and drove the aforesaid motor vehicle on the aforesaid date.
38. Upon information and belief that at all times herein mentioned, the Defendant
CHRISTINA REEP operated and drove the aforesaid motor vehicle on the aforesaid date with the
knowledge, permission and consent of Defendant MICHAEL RODRIGUEZ.
39. That at all times herein mentioned, Plaintiff GUO YlNG JlANG was a pedestrian on
the aforesaid date.
40. That at all times herein mentioned, West Fingerboard Road and Clove Road, in the
County of Richmond, City and State of New York, was and still are public streets and thoroughfares.
41. That on July 31, 2022, the aforesaid motor vehicle came into contact and collision
with the plaintiff pedestrian at or near the aforesaid location.
42. That as a result of the aforesaid occurrence,
Preview
FILED: RICHMOND COUNTY CLERK 03/14/2023 02:56 PM INDEX NO. 150465/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/14/2023 --------------------------- -------X GUO YlNG JIANG Plaintiff, AFFIDAVIT OF - against - SERVICE CHRISTINA REEP , MICHAEL RODRIGUEZ, MILDRED JOSEFSON and THE CITY OF NEW YORK, Defendants. ----------------------- ---------------X Ya Qing Chen, being duly sworn deposes and says the following under the penalties of perjury: 1. I am not a party to this action and am over the age of eighteen years of age and reside in Kings County, New York. 2. On March 14, 2023, I served THE CITY OF NEW YORK by personally serving the annexed SUMMONS and COMPLAINT on Sarah Jean-Charles, the service window clerk at the New York City Law Department, at: THEIR PLACE OF BUSINESS AT 100 Church Street, New York, NY 10007 DESCRIPTION OF THE INDIVIDUAL SERVED: Male White Skin Black Hair X Female X Black Skin X Brown Hair Yellow Skin Blond Hair Brown Skin _ Gray Hair _ Red Skin Red Hair White Hair _ Balding 5' 14-20 Yrs. Under Under 100 lbs. 5'0"-5'3" 21-35 Yrs. 100-130 lbs. 5'4"-5'8" 36-50 Yrs. X X 131-160 lbs. X 5'9"-6'0" 51-65 Yrs. 161-200 lbs. 6' Over 65 Over Ove 200 lbs. YA QING CHEN SWORN TO BEFORE ME THIS I ' DAY OF Mcdt , 2023 SENBIN ZHANG NOTARY PUBLIC, STATE OF NEW YORK NO. 01ZH6339472 Qualified in Kings Cou AR 1 of 12 FILED: RICHMOND COUNTY CLERK 03/14/2023 02:56 PM INDEX NO. 150465/2023 NYSCEF DOC.RICHMOND NO. 2 COUNTY INDEX RECEIVED NO. 150465/2023 NYSCEF: 03/14/2023 |FILED: CLERK 03/10/2023 09:51 AM| NYSCEP DOC. NO. 1 RECEIVED NYSCEF: 03/10/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: / D 6S / 2o23 COUNTY OF RICHMOND Filed: 3 / /o / 23 ________..___________--------------Ç GUO YlNG JIANG Plaintiffs designate RICHMOND COUNTY as the Plaintiff, place of trial. - against - SUMMONS CHRISTINA REEP, MICHAEL RODRIGUEZ, MILDRED JOSEFSON and THE CITY OF NEW YORK, The basis of venue is situs of the Incident Defendants. ___ __ ______--_____________Ç 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 Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York): and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. Dated: Brooklyn, New York March 10, 2023 Yours, etc., JAMES LO, ESQ., P.C. Attorney for Plaintiff janalo, Lsq.. P.C. By: James Lo, Esq. 60th 3rd 817 Street, FlOOr Brooklyn, NY 11220 (718) 567-7999 CHRISTINA REEP and MICHAEL RODRIGUEZ c 571 Hanover Avenue Staten Island, NY 10304 MILDRED JOSEFSON c 819 WEST FINGERBOARD ROAD STATEN ISLAND, NY 10305 THE CITY OF NEW YORK 100 Church Street New York, NY 10007 1 of 11 2 of 12 FILED: RICHMOND COUNTY CLERK 03/14/2023 02:56 PM INDEX NO. 150465/2023 NYSCEF FILED: DOC. NO. 2 RICHMOND COUNTY CLERK INDEX RECEIVED NO. NYSCEF: 03/14/2023 150465/2023 03/10/2023 09:51 AM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND Index No.: / 0 / 6+ X GUO YING JIANG Plaintiff, - against - c. VERIFIED COMPLAINT CHRISTINA REEP, MICHAEL RODRIGUEZ, MILDRED JOSEFSON and THE CITY OF NEW YORK, Defendants. . 3 ______..--.----- ________..__Ç PLEASE TAKE NOTICE, that the plaintiff, as and for her Verified Complaint, by her attorne c JAMES LO, ESQ., respectfully alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. That at all times hereinafter mentioned, the Plaintiff was and still is a resident of Richmond County, City and State of New York. 2. Upon information and belief, and at all times herein mentioned, Defendant CHRISTINA REEP was and still is a resident of Richmond County, City and State of New York. 3. Upon information and belief, and at all times herein mentioned, Defendant MICHAEL RODRIGUEZ was and still is a resident of Richmond County, City and State of New York. 4. Upon information and belief, and at all times herein mentioned, Defendant MILDRED JOSEFSON was and still is a resident of Richmond County, City and State of New York. 5. That at all times hereinafter mentioned, the defendant, THE CITY OF NEW YORK, was and still is a domestic municipal corporation duly authorized and existing under and by virtue of the laws of the State of New York. 6. That at all times hereinafter mentioned, the defendant THE CITY OF NEW YORK was and still is a domestic municipal corporation or public benefit corporation duly authorized and existing under and by virtue of the laws of the State of New York. 2 of 11 3 of 12 FILED: RICHMOND COUNTY CLERK 03/14/2023 02:56 PM INDEX NO. 150465/2023 NYSCEF INDEX FILED: DOC.RICHMOND NO. 2 COUNTY CLERK 03/10/2023 09:51 AM| RECEIVED NYSCEF: NO. 03/14/2023 150465/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2023 7. On October 31, 2022 and within 90 days after the claim hereunder arose, the plaintiff caused a Notice of Claim in writing, sworn to and verified by claimant/plaintiff, to be served upon THE CITY OF NEW YORK. 8. That at least thirty (30) days have elapsed prior to the commencement of this action since the claim was presented to said defendants for adjustment as aforesaid and they have refused to adjust or make payment thereof for thirty days after said presentation. 9. That this action was commenced within one year and ninety days after the cause of action thereof accrued. 10. That this action is timely commenced pursuant to general municipal law, subsection 50-l(1). 11. That a statutory hearing was held by defendant THE CITY OF NEW YORK, pursuant to Section 50-h of the General Municipal Law, on January 27, 2023. 12. That Plaintiff has complied and or will comply with the statutory requirements for the commencement and prosecution of this action. 13. That at all times hereinafter mentioned, on July 31, 2022, the defendant MILDRED JOSEFSON owned the building and premises located at 819 Fingerboard Road, in the County of Richmond, City and State of New York. 14. That at all times hereinafter mentioned, the defendant MILDRED JOSEFSON operated the aforementioned premises and the municipal right-of-way over her property, including the tree(s) and brush located thereat. 15. That at all times hereinafter mentioned, the defendant MILDRED JOSEFSON managed the aforementioned premises and the municipal right-of-way over her property, including the tree(s) and brush located thereat. 16. That at all times hereinafter mentioned, the defendant MILDRED JOSEFSON maintained the aforementioned premises and the municipal right-of-way over her property, including 3 of 11 4 of 12 FILED: RICHMOND COUNTY CLERK 03/14/2023 02:56 PM INDEX NO. 150465/2023 NYSCEF FILED: DOC.RICHMOND NO. 2 COUNTY INDEX NYSCEF: RECEIVED NO. 150465/2023 03/14/2023 CLERK 03/10/2023 09:51 AM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2023 the tree(s) and brush located thereat. 17. That at all times hereinafter mentioned, the defendant MILDRED JOSEFSON controlled and or supervised the aforementioned premises and the municipal right-of-way over her property, including the tree(s) and brush located thereat. 18. That at all times hereinafter mentioned, the MILDRED JOSEFSON inspected the aforementioned premises and the municipal right-of-way over her property, including the tree(s) and brush located thereat. 19. That at all the times herein mentioned, the Defendant MILDRED JOSEFSON installed, repaired and/or modified the aforementioned premises and the municipal right-of-way over her property, including the tree(s) and brush located thereat. 20. That at all the times herein mentioned, the Defendant MILDRED JOSEFSON made special use of the aforementioned premises and the municipal right-of-way over her property, including the tree(s) and brush located thereat. 21. That at all times hereinafter mentioned, on July 31, 2022, the defendant THE CITY OF NEW YORK owned the public sidewalk, and municipal right-of-way near and adjacent to West Fingerboard Road and Clove Road, and more specifically in front of, near, adjacent to the crosswalk(s), light(s) and building or house(s) located at 819 Fingerboard Road, in the County of Richmond, City and State of New York. 22. That at all times hereinafter mentioned, the defendant THE CITY OF NEW YORK operated the aforementioned sidewalk and municipal right-of-way over 819 Fingerboard Road, in the County of Richmond, City and State of New York, including the tree(s) and brush located thereat. 23. That at all times hereinafter mentioned, the defendant THE CITY OF NEW YORK managed the aforementioned sidewalk and municipal right-of-way over 819 Fingerboard Road, in the County of Richmond, City and State of New York, including the tree(s) and brush located thereat. 24. That at all times hereinafter mentioned, the defendant THE CITY OF NEW YORK 4 of 11 5 of 12 FILED: RICHMOND COUNTY CLERK 03/14/2023 02:56 PM INDEX NO. 150465/2023 NYSCEF DOC. NO. 2 RECEIVED NO. 150465/2023 INDEX NYSCEF: 03/14/2023 (FILE D : RICHMOND COUNTY CLERK 03/10/2023 09:51 AM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2023 maintained the aforementioned sidewalk and municipal right-of-way over the property located at 819 Fingerboard Road, in the County of Richmond, City and State of New York, including the tree(s) and brush located thereat. 25. That at all times hereinafter mentioned, the defendant THE CITY OF NEW YORK controlled and or supervised the aforementioned sidewalk and municipal right-of-way over the property located at 819 Fingerboard Road, in the County of Richmond, City and State of New York, including the tree(s) and brush located thereat. 26. That at all times hereinafter mentioned, the defendant THE CITY OF NEW YORK inspected the aforementioned sidewalk and municipal right-of-way over the property located at 819 Fingerboard Road, in the County of Richmond, City and State of New York, including the tree(s) and brush located thereat. 27. That at all the times herein mentioned, the Defendant THE CITY OF NEW YORK installed, repaired and/or modified the aforementioned sidewalk and municipal right-of-way over the property located at 819 Fingerboard Road, in the County of Richmond, City and State of New York, including the tree(s) and brush located thereat. 28. That at all the times herein mentioned, the Defendant THE CITY OF NEW YORK made special use of the aforementioned sidewalk and municipal right-of-way over the property located at 819 Fingerboard Road, in the County of Richmond, City and State of New York, including the tree(s) and brush located thereat. 29. That at all times herein mentioned, the Defendants their agents, servants and/or employees were under a duty and obligation to control, cut and prune the vegetation, tree(s)and brush on the aforementioned property and municipal right-of-way which blocked or obstructed traffic signal(s), device(s) and crosswalk(s) at West Fingerboard Road and Clove Road, in the County of Richmond, City and State of New York, and which obstructed or minimized the line of sight of motorists traveling or proceeding thereon from seeing said traffic signal(s), device(s) and crosswalk(s). 5 of 11 6 of 12 FILED: RICHMOND COUNTY CLERK 03/14/2023 02:56 PM INDEX NO. 150465/2023 NYSCEF INDEX NO. 150465/2023 FILED: DOC.RICHMOND NO. 2 COUNTY CLERK 03/10/2023 09:51 AM| RECEIVED NYSCEF: 03/14/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/10/2023 30. That at all times herein mentioned, the Defendant THE CITY OF NEW YORK, its agents, servants and/or employees had/has the nondelegable duty to maintain the aforementioned public roads and highways in a reasonably safe condition, a duty which extends to conditions adjacent to the public roads and highways, which includes controlling, cutting or pruning overgrown vegetation, tree(s)and brush to prevent the same from obstructing traffic signal(s), device(s) or crosswalk(s) which motorists must obey or rely upon to see other motorists and pedestrians, and to allow pedestrians to see oncoming motor vehicles, and where said defendant also had a duty to control, trim or prune said growth within the roadway's right-of-way to assure visibility of traffic signals, traffic devices and crosswalks. 31. That at all times herein mentioned, the Defendants had been responsible through its agents, servants, licensees and/or employees for creating and causing the dangerous condition on the aforementioned property and municipal right-of-way which involved overgrown vegetation, tree(s)and brush which obstructed the traffic control device(s), traffic control signal(s) and crosswalk(s) located thereat. 32. That at all times herein mentioned, the Defendants, their agents, servants and/or employees caused, permitted and allowed the aforesaid vegetation, tree(s)and brush to be, become and remain in a dangerous, hazardous and negligent state, to be overgrown and which obstructed the traffic control device(s), traffic control signal(s) and crosswalk(s) at the aforementioned location which motorists must obey or rely upon to see other motorists and pedestrians, and for pedestrians to see oncoming motor vehicles, and Defendants had a duty to trim growth within the highway's right-of-way to Defendants' assure visibility of traffic signals, traffic devices and crosswalks, and breached those duties, all resulting in a trap and nuisance and which was a proximate cause of Plaintiff's incident. 33. That the aforesaid occurrence and the injuries resulting therefrom were caused by the negligence, carelessness and recklessness of the Defendants, their agents, servants and/or employees, jointly and severally. 6 of 11 7 of 12 FILED: RICHMOND COUNTY CLERK 03/14/2023 02:56 PM INDEX NO. 150465/2023 INDEX NO. 150465/2023 NYSCEF |FILED: DOC. RICHMOND NO. 2 COUNTY CLERK 03/10/2023 09:51 AM| RECEIVED NYSCEF: 03/14/2023 NYSCEÈ DOC. NO. 1 RECEIVED NYSCEF: 03/10/2023 34. That notice of the aforesaid defective, unsafe, dangerous or obstructed condition was given to the Defendants, their agents, servants and/or employees and/or there was previous injury to person or property as the result of the existence of the defective, unsafe, dangerous condition and notice thereof was given to the Defendants, their agents, servants and/or employees. 35. That the Defendants, their agents, servants and/or employees caused and or created the aforementioned dangerous, unsafe and defective conditions. 36. Upon information and belief that at all times herein mentioned, the Defendant MICHAEL RODRIGUEZ owned a certain motor vehicle bearing New York State license plate number KPL3562 on July 31, 2022. 37. Upon information and belief that at all times herein mentioned, the Defendant CHRISTINA REEP operated and drove the aforesaid motor vehicle on the aforesaid date. 38. Upon information and belief that at all times herein mentioned, the Defendant CHRISTINA REEP operated and drove the aforesaid motor vehicle on the aforesaid date with the knowledge, permission and consent of Defendant MICHAEL RODRIGUEZ. 39. That at all times herein mentioned, Plaintiff GUO YlNG JlANG was a pedestrian on the aforesaid date. 40. That at all times herein mentioned, West Fingerboard Road and Clove Road, in the County of Richmond, City and State of New York, was and still are public streets and thoroughfares. 41. That on July 31, 2022, the aforesaid motor vehicle came into contact and collision with the plaintiff pedestrian at or near the aforesaid location. 42. That as a result of the aforesaid occurrence,