Preview
FILED: KINGS COUNTY CLERK 08/25/2022 01:05 PM INDEX NO. 532721/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/25/2022
EXHIBIT “A”
FILED: KINGS COUNTY CLERK 08/25/2022
12/22/2021 01:05
11:54 PM
AM INDEX NO. 532721/2021
NYSCEF DOC. NO. 13
1 RECEIVED NYSCEF: 08/25/2022
12/22/2021
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS Date Purchased:
____--------------------------------------------------- X SUMMONS
CAROLINE RULLAN
Plaintiff designates Kings
Plaintiff(s), County as the place of trial.
-against-
The basis of venue is:
Defendant's Residence
ITA SHIMON AND JACOB SHIMON Defendants'
reside at:
1670 44th Street
Defendant(s). NY 11204
Brooklyn,
County of Kings
---------------------------------------- -----------X
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 Plaintiffs attorneys within 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 days
after completion of service where service is made in any other mannar. 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: Rockville Centre, New York
December 22, 2021
MICHAEL M. GOLDBERG
Law Offices of Michael M. Goldberg, P.C.
Attorneys for Plaintiff(s)
CAROLINE RULLAN
265 Sunrise Highway, Suite 32
Rockville Centre, New York 11570
(212) 481-0011
Our File No. 21-1141
TO:
ITA SHIMON
44*
1670 Street
Brooklyn, NY 11204
JACOB SHIMON
44*
1670 Street
Brooklyn, NY 11204
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------- -------------------------X
CAROLINE RULLAN Index No.:
Date Purchased:
Plaintiff(s),
VERIFIED COMPLAINT
-against-
ITA SHIMON AND JACOB SHIMON
Defendant(s).
------------------------------------ ----X
Plaintiff, by her attorneys, LAW OFFICES OF MICHAEL M. GOLDBERG, P.C.,
of the Defendanto respectfully alleges, upon information and belief, as follows:
complsiñi-g
DKI 1. That at the time of the commencement of this action, Plaintiff CAROLINE
RULLAN resided in the County of Richmond, State of New York.
2. That the cause of action alleged herein arose in the County of Kings, City and State
DKI&R
of New York.
DKI&R
3. That this action falls within one or more of the exemptions set forth in CPLR §1602.
4. On May 25, 2021, and at all times herein mentioned, Defendant ITA SHIMON owned
A
44d"
the premises located at 1670 Street, Kings County, New York State.
5. On May 25, 2021 and at all times herein mentioned, Defendant, ITA SHIMON,
DKI&R
operated the aforesaid premises
6. On May 25, 2021 and at all times herein mentioned, Defendant, ITA SHIMON,
DKI&R
controlled the aforesaid premises.
DKI&R 7. On May 25, 2021 and at all times herein mentioned, Defendant, ITA SHIMON,
maintained the aforesaid premises.
8. On May 25, 2021 and at all times herein mentioned, Defendant, ITA SHIMON,
DKI&R
repaired the aforesaid premises.
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9. On May 25, 2021 and at all times herein mentioned, Defendant ITA SHIMON,
DKI&R
managed the aforesaid premises.
10. On May 25, 2021, and at all times herein mendoned, Defendant JACOB SHIMON
A
44*
owned the premises located at 1670 Street, Kings County, New York State.
11. On May 25, 2021 and at all times herein mentioned, Defendant, JACOB SHIMON,
DKI&R
operated the aforesaid premises.
12. On May 25, 2021 and at all times herein mentioned, Defendant, JACOB SHIMON,
DKI&R
controlled the aforesaid premises.
DKI&R 13. On May 25, 2021 and at all times herein mentioned, Defendant, JACOB SHIMON,
maintained the aforesaid premises.
14. On May 25, 2021 and at all times herein mentioned, Defendant, JACOB SHIMON,
DKI&R
repaired the aforesaid premises.
15. On May 25, 2021 and at all times herein mentioned, Defendant JACOB SHIMON,
DKI&R
managed the aforesaid premises.
16. On May 25, 2021 and at all times herein mentioned, Defendant, ITA SHIMON,
D&R
was performing construction and demolition at the aforesaid premises.
17. On May 25, 2021 and at all times herein mentioned, Defendant, JACOB SHIMON,
D&R
was performing construction and demolition at the aforesaid premises.
18. The defendant, ITA SHIMON, on his own or at its direction and control, performed
D&R
construction at the aforementioned premises.
19. The defendant, JACOB SHIMON, on his own or at its direction and control,
D&R
performed construction at the aforementioned premiscs.
20. On May 25, 2021 Plaintiff CAROLINE RULLAN was lawfully present on the
DKI&R
aforesaid premises.
21. On May 25, 2021, while Plaintiff CAROLINE RULLAN was lawfelly present on the
DKI&R
aforesaid premises, she was caused to sustain severe and permanent injuries.
2
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22. The above-mentioned occurrence, and the results thereof, were caused by the
negligence, carelessness and recklessness of the D4nd ant and/or said Defendant's servants, agents,
D&R
servants, employees and/or licensees in the ownership, operation, management, maintenance,
supervision, construction, demolition, repair and control of the aforesaid premises.
23. That upon information and belief, prior to the accident, in derogation of its duties,
D&R defendant caused, permitted, and allowed said dangerous condition to exist in and around the
aforementioned area, so that it was dangerous to persons lawfully using same.
24. That upon information and belief, prior to the accident, defendant had knowledge of
D&R
the unsafe and dangerous condition or that same had existed for so long a period of time that it
should have known of the existence of said condition in time to have made said area safe before the
occurrence of the accident herein alleged.
25. That as a result of the aforementianed construction, extensive dust and debris was
DKI
produced throughout the premises.
26. The defendants failed to take standard preventative measures to mitigate the dust and
D&R
debris resulting from said construction.
27. That as a result of the aforementioned construction, plaintiff was subjected to
DKI
breathing said dust and debris, which caused the injuries described herein.
28. That upon information and belief, for a considerable period, Defendants caused,
permitted and allowed Plaintiff's apartment to fall into a state of disrepair by failing to make
D&R
necessary repairs and by failing to address ongoing problems and conditions, in the premises, known
44*
as 1670 Street, Kings County, New York State.
29. As a result of the foregoing, large and extensive areas of toxic mold, fungus and
DKI
allergen contamination developed throughout the apartment.
30. Defendants had actual and constructive notice of the aforementioned mold growth
D&R
conditions yet failed to remediate these ongoing conditions.
31. Plaintiff CAROLINE RULLAN was repeatedly exposed to toxic levels of mold,
DKI
3
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fungus and other allergen contamjnetion while residing in the aforesaid apartment.
32. That no negligence on the part of Plaintiff CAROLINE RULLAN contributed to the
D&R
occurrence alleged herein in any manner v&üitsoever.
33. The aforementioned occurrence and resulting injuries to the claim±nt were due solely
D&R to the carelessness, recklessness and negligence of the Defendants, in the ownership, leasing,
operation, control, management, supervision, m±tenance, inspection and repair of the aforesaid
premises, and in particular, of plaintiff's apartment.
34. Defendants had actual and constructive notice of the conditions existing within
cl÷-r±'s apartment in that said Defendants, among other acts and/or omissions, caused and created
D&R
the subject conditions and/or permitted and allowed same to exist unabated for such a lengthy and
inordinate period of time that Defendantc or in the exercise of due and reasonable care would
knew,
have known, same to be then and there existing.
35. That by reason of the foregoing, Plaintiff, CAROLINE RULLAN, was caused to
sustain serious and permanent injuries and to have suffered pain, shock and mental anguish; that
DKI
these injuries and their effects will be permanant; as a result of said injuries Plaintiff incurred and
will continue to incur expenses for medical care and attention; and Plaintiff was and will continue
to be rendered unable to perform Plaintif Ts normal activities and duties and has sustained a resultant
loss therefrom.
36. This action falls within one or more of the exceptions set forth in CPLR 1602,
DKI&R
including 1602 (2) and (7).
37. That as a result of the foregoing, Plaintiff, CAROLINE RULLAN, was damaged in
DKI&R
a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have
jurisdiction.
WHEREFORE, Plaintiff(s) demand(s) judgment against the Defendants herein, in a
sum exceeding the jurisdictional limits of all lower courts which would otherwise have
jurisdiction, together with the costs and disbursements of this action.
4
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NYSCEF DOC. NO. 13
1 RECEIVED NYSCEF: 08/25/2022
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Dated: Rockville Centre, New York
December 22, 2021
Yours, etc.
Law Offices of Michael M. Goldberg, P.C.
Attorneys for Plaintiff(s)
CAROLINE RULLAN
265 Sunrise Highway, Suite 32
Rockville Centre, New York 11570
(212) 481-0011
Our File No. 21-1141
Affirmative Defenses:
1, 2, 3, 4, 5, 8, 12, 13, 14, 15, 17, 19, 20, 21, 22, 23
5
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ATTORNEY'S VERIFICATION
MICHAEL M. GOLDBERG, an attorney duly a±M*†ed to practice before the Courts of
the State of New York, affirms the following to be true under the penalties of perjury: I am an
attorney at LAW OFFICES OF MICHAEL M. GOLDBERG, P.C., attorneys of record for
Plaintiff(s),CAROLINE RULLAN. I have read the annexed COMPLAINT and know the
contents thereof, and the same are true to my knowledge, except those matters therein which are
stated to be alleged upon information and belief, and as to those matters I believe them to be true.
My belief, as to those matters therein not stated upon knowledge, is based upon facts, records,
and other pertinent information contained in my files.
This verification is made by me because Plaintiff(s) is/are not presently in the same
county as the undersigned.
DATED: Rockville Centre, New York
December 22, 2021
MICHAEI M. GOLDBERG
6
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1 RECEIVED NYSCEF: 08/25/2022
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Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Plaintiff(s),
-against-
ITA SHIMON AND JACOB SHIMON
Defendant(s).
SUlWMONS AND COMPLAINT
Law Offices of Michael M. Goldberg, P.C.
Attorneys for Plaintiff's,
265 Sunrise Highway, Suite 32
Rackville Centre, NY 11570
(212) 481-0011
Certification Pursuant to Rule 130-1.1-a
MIcliael M. Goldberg
8 of 8
Preview
FILED: KINGS COUNTY CLERK 08/25/2022 01:05 PM INDEX NO. 532721/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/25/2022 EXHIBIT “A” FILED: KINGS COUNTY CLERK 08/25/2022 12/22/2021 01:05 11:54 PM AM INDEX NO. 532721/2021 NYSCEF DOC. NO. 13 1 RECEIVED NYSCEF: 08/25/2022 12/22/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS Date Purchased: ____--------------------------------------------------- X SUMMONS CAROLINE RULLAN Plaintiff designates Kings Plaintiff(s), County as the place of trial. -against- The basis of venue is: Defendant's Residence ITA SHIMON AND JACOB SHIMON Defendants' reside at: 1670 44th Street Defendant(s). NY 11204 Brooklyn, County of Kings ---------------------------------------- -----------X 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 Plaintiffs attorneys within 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 days after completion of service where service is made in any other mannar. 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: Rockville Centre, New York December 22, 2021 MICHAEL M. GOLDBERG Law Offices of Michael M. Goldberg, P.C. Attorneys for Plaintiff(s) CAROLINE RULLAN 265 Sunrise Highway, Suite 32 Rockville Centre, New York 11570 (212) 481-0011 Our File No. 21-1141 TO: ITA SHIMON 44* 1670 Street Brooklyn, NY 11204 JACOB SHIMON 44* 1670 Street Brooklyn, NY 11204 1 of 8 FILED: KINGS COUNTY CLERK 08/25/2022 12/22/2021 01:05 11:54 PM AM INDEX NO. 532721/2021 NYSCEF DOC. NO. 13 1 RECEIVED NYSCEF: 08/25/2022 12/22/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------- -------------------------X CAROLINE RULLAN Index No.: Date Purchased: Plaintiff(s), VERIFIED COMPLAINT -against- ITA SHIMON AND JACOB SHIMON Defendant(s). ------------------------------------ ----X Plaintiff, by her attorneys, LAW OFFICES OF MICHAEL M. GOLDBERG, P.C., of the Defendanto respectfully alleges, upon information and belief, as follows: complsiñi-g DKI 1. That at the time of the commencement of this action, Plaintiff CAROLINE RULLAN resided in the County of Richmond, State of New York. 2. That the cause of action alleged herein arose in the County of Kings, City and State DKI&R of New York. DKI&R 3. That this action falls within one or more of the exemptions set forth in CPLR §1602. 4. On May 25, 2021, and at all times herein mentioned, Defendant ITA SHIMON owned A 44d" the premises located at 1670 Street, Kings County, New York State. 5. On May 25, 2021 and at all times herein mentioned, Defendant, ITA SHIMON, DKI&R operated the aforesaid premises 6. On May 25, 2021 and at all times herein mentioned, Defendant, ITA SHIMON, DKI&R controlled the aforesaid premises. DKI&R 7. On May 25, 2021 and at all times herein mentioned, Defendant, ITA SHIMON, maintained the aforesaid premises. 8. On May 25, 2021 and at all times herein mentioned, Defendant, ITA SHIMON, DKI&R repaired the aforesaid premises. 2 of 8 FILED: KINGS COUNTY CLERK 08/25/2022 12/22/2021 01:05 11:54 PM AM INDEX NO. 532721/2021 NYSCEF DOC. NO. 13 1 RECEIVED NYSCEF: 08/25/2022 12/22/2021 9. On May 25, 2021 and at all times herein mentioned, Defendant ITA SHIMON, DKI&R managed the aforesaid premises. 10. On May 25, 2021, and at all times herein mendoned, Defendant JACOB SHIMON A 44* owned the premises located at 1670 Street, Kings County, New York State. 11. On May 25, 2021 and at all times herein mentioned, Defendant, JACOB SHIMON, DKI&R operated the aforesaid premises. 12. On May 25, 2021 and at all times herein mentioned, Defendant, JACOB SHIMON, DKI&R controlled the aforesaid premises. DKI&R 13. On May 25, 2021 and at all times herein mentioned, Defendant, JACOB SHIMON, maintained the aforesaid premises. 14. On May 25, 2021 and at all times herein mentioned, Defendant, JACOB SHIMON, DKI&R repaired the aforesaid premises. 15. On May 25, 2021 and at all times herein mentioned, Defendant JACOB SHIMON, DKI&R managed the aforesaid premises. 16. On May 25, 2021 and at all times herein mentioned, Defendant, ITA SHIMON, D&R was performing construction and demolition at the aforesaid premises. 17. On May 25, 2021 and at all times herein mentioned, Defendant, JACOB SHIMON, D&R was performing construction and demolition at the aforesaid premises. 18. The defendant, ITA SHIMON, on his own or at its direction and control, performed D&R construction at the aforementioned premises. 19. The defendant, JACOB SHIMON, on his own or at its direction and control, D&R performed construction at the aforementioned premiscs. 20. On May 25, 2021 Plaintiff CAROLINE RULLAN was lawfully present on the DKI&R aforesaid premises. 21. On May 25, 2021, while Plaintiff CAROLINE RULLAN was lawfelly present on the DKI&R aforesaid premises, she was caused to sustain severe and permanent injuries. 2 3 of 8 FILED: KINGS COUNTY CLERK 08/25/2022 12/22/2021 01:05 11:54 PM AM INDEX NO. 532721/2021 NYSCEF DOC. NO. 13 1 RECEIVED NYSCEF: 08/25/2022 12/22/2021 22. The above-mentioned occurrence, and the results thereof, were caused by the negligence, carelessness and recklessness of the D4nd ant and/or said Defendant's servants, agents, D&R servants, employees and/or licensees in the ownership, operation, management, maintenance, supervision, construction, demolition, repair and control of the aforesaid premises. 23. That upon information and belief, prior to the accident, in derogation of its duties, D&R defendant caused, permitted, and allowed said dangerous condition to exist in and around the aforementioned area, so that it was dangerous to persons lawfully using same. 24. That upon information and belief, prior to the accident, defendant had knowledge of D&R the unsafe and dangerous condition or that same had existed for so long a period of time that it should have known of the existence of said condition in time to have made said area safe before the occurrence of the accident herein alleged. 25. That as a result of the aforementianed construction, extensive dust and debris was DKI produced throughout the premises. 26. The defendants failed to take standard preventative measures to mitigate the dust and D&R debris resulting from said construction. 27. That as a result of the aforementioned construction, plaintiff was subjected to DKI breathing said dust and debris, which caused the injuries described herein. 28. That upon information and belief, for a considerable period, Defendants caused, permitted and allowed Plaintiff's apartment to fall into a state of disrepair by failing to make D&R necessary repairs and by failing to address ongoing problems and conditions, in the premises, known 44* as 1670 Street, Kings County, New York State. 29. As a result of the foregoing, large and extensive areas of toxic mold, fungus and DKI allergen contamination developed throughout the apartment. 30. Defendants had actual and constructive notice of the aforementioned mold growth D&R conditions yet failed to remediate these ongoing conditions. 31. Plaintiff CAROLINE RULLAN was repeatedly exposed to toxic levels of mold, DKI 3 4 of 8 FILED: KINGS COUNTY CLERK 08/25/2022 12/22/2021 01:05 11:54 PM AM INDEX NO. 532721/2021 NYSCEF DOC. NO. 13 1 RECEIVED NYSCEF: 08/25/2022 12/22/2021 fungus and other allergen contamjnetion while residing in the aforesaid apartment. 32. That no negligence on the part of Plaintiff CAROLINE RULLAN contributed to the D&R occurrence alleged herein in any manner v&üitsoever. 33. The aforementioned occurrence and resulting injuries to the claim±nt were due solely D&R to the carelessness, recklessness and negligence of the Defendants, in the ownership, leasing, operation, control, management, supervision, m±tenance, inspection and repair of the aforesaid premises, and in particular, of plaintiff's apartment. 34. Defendants had actual and constructive notice of the conditions existing within cl÷-r±'s apartment in that said Defendants, among other acts and/or omissions, caused and created D&R the subject conditions and/or permitted and allowed same to exist unabated for such a lengthy and inordinate period of time that Defendantc or in the exercise of due and reasonable care would knew, have known, same to be then and there existing. 35. That by reason of the foregoing, Plaintiff, CAROLINE RULLAN, was caused to sustain serious and permanent injuries and to have suffered pain, shock and mental anguish; that DKI these injuries and their effects will be permanant; as a result of said injuries Plaintiff incurred and will continue to incur expenses for medical care and attention; and Plaintiff was and will continue to be rendered unable to perform Plaintif Ts normal activities and duties and has sustained a resultant loss therefrom. 36. This action falls within one or more of the exceptions set forth in CPLR 1602, DKI&R including 1602 (2) and (7). 37. That as a result of the foregoing, Plaintiff, CAROLINE RULLAN, was damaged in DKI&R a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff(s) demand(s) judgment against the Defendants herein, in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. 4 5 of 8 FILED: KINGS COUNTY CLERK 08/25/2022 12/22/2021 01:05 11:54 PM AM INDEX NO. 532721/2021 NYSCEF DOC. NO. 13 1 RECEIVED NYSCEF: 08/25/2022 12/22/2021 Dated: Rockville Centre, New York December 22, 2021 Yours, etc. Law Offices of Michael M. Goldberg, P.C. Attorneys for Plaintiff(s) CAROLINE RULLAN 265 Sunrise Highway, Suite 32 Rockville Centre, New York 11570 (212) 481-0011 Our File No. 21-1141 Affirmative Defenses: 1, 2, 3, 4, 5, 8, 12, 13, 14, 15, 17, 19, 20, 21, 22, 23 5 6 of 8 FILED: KINGS COUNTY CLERK 08/25/2022 12/22/2021 01:05 11:54 PM AM INDEX NO. 532721/2021 NYSCEF DOC. NO. 13 1 RECEIVED NYSCEF: 08/25/2022 12/22/2021 ATTORNEY'S VERIFICATION MICHAEL M. GOLDBERG, an attorney duly a±M*†ed to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am an attorney at LAW OFFICES OF MICHAEL M. GOLDBERG, P.C., attorneys of record for Plaintiff(s),CAROLINE RULLAN. I have read the annexed COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. This verification is made by me because Plaintiff(s) is/are not presently in the same county as the undersigned. DATED: Rockville Centre, New York December 22, 2021 MICHAEI M. GOLDBERG 6 7 of 8 FILED: KINGS COUNTY CLERK 08/25/2022 12/22/2021 01:05 11:54 PM AM INDEX NO. 532721/2021 NYSCEF DOC. NO. 13 1 RECEIVED NYSCEF: 08/25/2022 12/22/2021 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Plaintiff(s), -against- ITA SHIMON AND JACOB SHIMON Defendant(s). SUlWMONS AND COMPLAINT Law Offices of Michael M. Goldberg, P.C. Attorneys for Plaintiff's, 265 Sunrise Highway, Suite 32 Rackville Centre, NY 11570 (212) 481-0011 Certification Pursuant to Rule 130-1.1-a MIcliael M. Goldberg 8 of 8