Preview
INDEX NO. 154027/2020
FILED: NEW YORK COUNTY CLERK 08/02/2022 10:45 AM
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 08/02/2022
EXHIBIT A
INDEX NO. 154027/2020
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 08/02/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
eae roqerenenaenaanenennnnwnenwmnwennmannensummsaeecinnenian
DI A NASH Index No. {| 54 © 27] 2020
Date Purcha ed
Plaintiff, Plaintiff designates New York
-against- County as the place of trial
The t s of the venue is
Plaintiff's Residence
UPRIGHT CITIZENS BRIGADE, LLC
SUMMONS
Defendant. Plaintiff resid t
650 West 42™ Street
New York. New York
Seeminaiie
tpi pwnweniawn Soe aeeeereaieaeaeIse
To the above-named D dan
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 si » vice of
this summons, exclusive of the date of service (or within 30 days after the si is
complete if th ummons is not personally delivered to you wit the State of New
York); and in c: 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 3, 2020
fis Ml
EN B. SARSHIK, ESQ.
Attorney for Plaintiff
14 Wall Street, 20" Floor
New York, New York 10005
Tel, 212-588-1400
Defendant's Address:
266 W. 37" Street, 12" Floor
New York, New York 10018
INDEX NO. 154027/2020
NYSCEF DOC. NO. 11 RECEIVED NYSCEF 08/02/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ss oma nnn tr rerememe memantine aicinnsiniam
ee
DENA NASH, Index No.
Plaintiff,
-against- COMPLAINT
UPRIGHT CITIZENS BRIGADE LLC,
Defendant..
macnn nee a acca cease nan
Plaintiff DENA NASH, by her attorney, STEVEN B. SARSHIK, ESQ., as and
for her complaint, respectfully states as follows:
1. Plaintiff DENA NASH, at all times herein mentioned, was and is a resident of
the State of New York, County of New York.
2. Upon information and belief, at all times herein mentioned, UPRIGHT
CITIZENS BRIGADE LLC, (hereinafter referred to as “UPRIGHT CITIZENS
BRIGADE”) was and is a limited liability company organized and existing under the
laws of the State of New York.
3. Upon information and belief, at all times herein mentioned, UPRIGHT
CITIZENS BRIGADE was a tenant leasing a portion of the premises at 555 West 42"
Street, New York, New York.
4. Atall times herein mentioned, Defendant UPRIGHT CITIZENS BRIGADE
operated said premises.
5. Atall times herein mentioned, Defendant UPRIGHT CITIZENS BRIGAGE
managed the said premises.
INDEX NO. 154027/2020
NYSCEF DOC. NO. 11 RECEIVED NYSCEF 08/02/2022
6, Atall times herein mentioned, UPRIGHT CITIZENS BRIGADE controlled
the said premises.
7. Atall times herein mentioned, Defendant UPRIGHT CITIZENS BRIGADE
maintained the said premises,
8. Upon information and belief, at all times herein mentioned, Defendant
UPRIGHT CITIZENS BRIGADE held performances open to the general public at said
premises,
9. On October 22, 2018 and for some time previous to said date, Plaintiff was
handicapped and was only able to ambulate with the use of a hand-held walker.
10. That on October 22, 2018, Plaintiff was directed by employees to be seated in
the front row of a theater in said premis and the space between the front row and the
stage did not provide sufficient room for Plaintiff to walk with the walker and while
Plaintiff was attempting to proceed to her seat she was unable to maneuver with the use
of her walker and a metal object on the walker lacerated and scrapped against her leg
causing serious and permanent injury.
11. The aforesaid occurrence and the injuries resulting to Plaintiff were caused
solely as a result of the negligence of the Defendant without any negligence on the part of
the Plaintiff contributing thereto.
12. By reason of the foregoing, Plaintiff DENA NASH sustained serious and
severe personal injuries, became sick, sore, lame and disabled, suffered injuries to her
nervous system and suffered mental anguish and emotional injury, and she has been
incapacitated from attending to her usual duties and activities, and Plaintiff has been
otherwise damaged.
INDEX NO. 154027/2020
NYSCEF DOC. NO. 11 RECEIVED NYSCEF 08/02/2022
13. This action falls within one or more of the exceptions set forth in CPLR 1602.
14. By reason of the foregoing, Plaintiff has been damaged in an amount that
exceeds the jurisdiction of all lower courts.
WHEREFORE Plaintiff demands judgment against the Defendant within the
jurisdictional amounts of the Supreme Court herein, together with the costs and
disbursements of this action.
Dated: New York, New York
June 3, 2020
STEVEN
Lie LY
B. SARSHIK, ESQ.
Attorney for Plaintiff
14 Wall Street, 20" Floor
New York, New York 10005
= INDEX NO. 154027/2020
NYSCEF DOC. NO. 11 RECEIVED NYSCEF 08/02/2022
Index No.
UPI E COURTOF THE STATE OF NEW YORK
COUNTY OF NEW YORK
a SNS
DENA NASH
Plaintift
against-
UPRIGHT CITIZENS BRIGADI LLC
Defendant
cpa eanrmiannnan
NNER neces: X
SUMMONS AND COMPLAINT
STEVEN B. SARSHIK, ESQ
Attorney for Plaintiff
14 Wall Street
20" Floor
New York, New York 10005
Tel. 212-588-1400
Pursuant to 22 NYCRR 130-1.1a
Me
NB at
INDEX NO. 154027/2020
(FILED: NEW YORK COUNTY CLERK 0870272022 10:45 AM
(teCars
WYSCE fs rt “°NYSCEF - New York County Supreme &6uie? "SF 42022
tf
\
é Confirmation Notice re)
The NYSCEF website has received an electronic filing on 06/08/2020 10:07 AM, Please keep this notice
as a confirmation of this filing.
Index Number NOT assigned
Dena Nash v. Upright Citizens Brigade, LLC
Assigned Judge: None Recorded
Documents Received on 06/08/2020 10:07 AM
Doc # Document Type
1 SUMMONS + COMPLAINT
Plaintiff's Summons and Complaint
Filing User
Steven B Sarshik | stevensarshik@aol.com | 212-588-1400
14 Wall Street 20th Floor, New York, NY 10005
E-mail Notifications
An email regarding this filing has been sent to the following on 06/08/2020 10:07 AM
STEVEN B. SARSHIK - stevensarshik@aol.com
Email Notifications NOT Sent
Role Party Attorney
Respondent Upright Citizens Brigade. No consent on record
LLC
* Court rules require hard copy service upon non-participating parties and attorneys who have opted-out or declined
consent.
NOTE: If submitting a working copy of this filing to the court, you must include as a notification
page firmly affixed thereto a copy of this Confirmation Notice.
Hon. Milton A. Tingling, New York County Clerk and Clerk of the Supreme Court
Phone: 646-386-5956 Website: http://www.nycourts.gov/courts/1jd/supctmanh/county_clerk_operations.shtml
NYSCEF Resource Center, EFile@nycourts.gov
Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile
Preview
INDEX NO. 154027/2020 FILED: NEW YORK COUNTY CLERK 08/02/2022 10:45 AM NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 08/02/2022 EXHIBIT A INDEX NO. 154027/2020 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 08/02/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK eae roqerenenaenaanenennnnwnenwmnwennmannensummsaeecinnenian DI A NASH Index No. {| 54 © 27] 2020 Date Purcha ed Plaintiff, Plaintiff designates New York -against- County as the place of trial The t s of the venue is Plaintiff's Residence UPRIGHT CITIZENS BRIGADE, LLC SUMMONS Defendant. Plaintiff resid t 650 West 42™ Street New York. New York Seeminaiie tpi pwnweniawn Soe aeeeereaieaeaeIse To the above-named D dan 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 si » vice of this summons, exclusive of the date of service (or within 30 days after the si is complete if th ummons is not personally delivered to you wit the State of New York); and in c: 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 3, 2020 fis Ml EN B. SARSHIK, ESQ. Attorney for Plaintiff 14 Wall Street, 20" Floor New York, New York 10005 Tel, 212-588-1400 Defendant's Address: 266 W. 37" Street, 12" Floor New York, New York 10018 INDEX NO. 154027/2020 NYSCEF DOC. NO. 11 RECEIVED NYSCEF 08/02/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ss oma nnn tr rerememe memantine aicinnsiniam ee DENA NASH, Index No. Plaintiff, -against- COMPLAINT UPRIGHT CITIZENS BRIGADE LLC, Defendant.. macnn nee a acca cease nan Plaintiff DENA NASH, by her attorney, STEVEN B. SARSHIK, ESQ., as and for her complaint, respectfully states as follows: 1. Plaintiff DENA NASH, at all times herein mentioned, was and is a resident of the State of New York, County of New York. 2. Upon information and belief, at all times herein mentioned, UPRIGHT CITIZENS BRIGADE LLC, (hereinafter referred to as “UPRIGHT CITIZENS BRIGADE”) was and is a limited liability company organized and existing under the laws of the State of New York. 3. Upon information and belief, at all times herein mentioned, UPRIGHT CITIZENS BRIGADE was a tenant leasing a portion of the premises at 555 West 42" Street, New York, New York. 4. Atall times herein mentioned, Defendant UPRIGHT CITIZENS BRIGADE operated said premises. 5. Atall times herein mentioned, Defendant UPRIGHT CITIZENS BRIGAGE managed the said premises. INDEX NO. 154027/2020 NYSCEF DOC. NO. 11 RECEIVED NYSCEF 08/02/2022 6, Atall times herein mentioned, UPRIGHT CITIZENS BRIGADE controlled the said premises. 7. Atall times herein mentioned, Defendant UPRIGHT CITIZENS BRIGADE maintained the said premises, 8. Upon information and belief, at all times herein mentioned, Defendant UPRIGHT CITIZENS BRIGADE held performances open to the general public at said premises, 9. On October 22, 2018 and for some time previous to said date, Plaintiff was handicapped and was only able to ambulate with the use of a hand-held walker. 10. That on October 22, 2018, Plaintiff was directed by employees to be seated in the front row of a theater in said premis and the space between the front row and the stage did not provide sufficient room for Plaintiff to walk with the walker and while Plaintiff was attempting to proceed to her seat she was unable to maneuver with the use of her walker and a metal object on the walker lacerated and scrapped against her leg causing serious and permanent injury. 11. The aforesaid occurrence and the injuries resulting to Plaintiff were caused solely as a result of the negligence of the Defendant without any negligence on the part of the Plaintiff contributing thereto. 12. By reason of the foregoing, Plaintiff DENA NASH sustained serious and severe personal injuries, became sick, sore, lame and disabled, suffered injuries to her nervous system and suffered mental anguish and emotional injury, and she has been incapacitated from attending to her usual duties and activities, and Plaintiff has been otherwise damaged. INDEX NO. 154027/2020 NYSCEF DOC. NO. 11 RECEIVED NYSCEF 08/02/2022 13. This action falls within one or more of the exceptions set forth in CPLR 1602. 14. By reason of the foregoing, Plaintiff has been damaged in an amount that exceeds the jurisdiction of all lower courts. WHEREFORE Plaintiff demands judgment against the Defendant within the jurisdictional amounts of the Supreme Court herein, together with the costs and disbursements of this action. Dated: New York, New York June 3, 2020 STEVEN Lie LY B. SARSHIK, ESQ. Attorney for Plaintiff 14 Wall Street, 20" Floor New York, New York 10005 = INDEX NO. 154027/2020 NYSCEF DOC. NO. 11 RECEIVED NYSCEF 08/02/2022 Index No. UPI E COURTOF THE STATE OF NEW YORK COUNTY OF NEW YORK a SNS DENA NASH Plaintift against- UPRIGHT CITIZENS BRIGADI LLC Defendant cpa eanrmiannnan NNER neces: X SUMMONS AND COMPLAINT STEVEN B. SARSHIK, ESQ Attorney for Plaintiff 14 Wall Street 20" Floor New York, New York 10005 Tel. 212-588-1400 Pursuant to 22 NYCRR 130-1.1a Me NB at INDEX NO. 154027/2020 (FILED: NEW YORK COUNTY CLERK 0870272022 10:45 AM (teCars WYSCE fs rt “°NYSCEF - New York County Supreme &6uie? "SF 42022 tf \ é Confirmation Notice re) The NYSCEF website has received an electronic filing on 06/08/2020 10:07 AM, Please keep this notice as a confirmation of this filing. Index Number NOT assigned Dena Nash v. Upright Citizens Brigade, LLC Assigned Judge: None Recorded Documents Received on 06/08/2020 10:07 AM Doc # Document Type 1 SUMMONS + COMPLAINT Plaintiff's Summons and Complaint Filing User Steven B Sarshik | stevensarshik@aol.com | 212-588-1400 14 Wall Street 20th Floor, New York, NY 10005 E-mail Notifications An email regarding this filing has been sent to the following on 06/08/2020 10:07 AM STEVEN B. SARSHIK - stevensarshik@aol.com Email Notifications NOT Sent Role Party Attorney Respondent Upright Citizens Brigade. No consent on record LLC * Court rules require hard copy service upon non-participating parties and attorneys who have opted-out or declined consent. NOTE: If submitting a working copy of this filing to the court, you must include as a notification page firmly affixed thereto a copy of this Confirmation Notice. Hon. Milton A. Tingling, New York County Clerk and Clerk of the Supreme Court Phone: 646-386-5956 Website: http://www.nycourts.gov/courts/1jd/supctmanh/county_clerk_operations.shtml NYSCEF Resource Center, EFile@nycourts.gov Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile