Preview
FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023
EXHIBIT A
FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023
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JS 44 (Rev. 10/20)
The JS 44 civil cover sheet and the inform ation contained herein neither replace nor supplement the filing and service ofp leadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of in itiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXTPAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
Nyasha Babb Michaels Stores, Inc.
(b) County of Residence of First Listed Plaintiff Kings County County of Residence of First Listed Defendant Texas
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Finn Name, Address, and Telephone Number) Attorneys (IfKnown)
Andrew Davidow, Esq./Michael S. Lamonsoff, PLLC Daniel Velez, Esq./Goldberg Segalla LLP
32 Old Slip, 8th Fl., New York, NY 10005 200 Garden City Plaza, Ste. 520, Garden City, NY 11530
II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
O1 U.S. Government 03 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Nola Party) Citizen of This State O O Incorporated or Principal Place O 4 El 4
of Business In This State
❑ 2 U.S. Government E4 Diversity Citizen ofAnother State ❑2 111 2 Incorporated andPrincipal Place O 5 ID
Defendant (Indicate Citizenship ofParties in Item III) of Business In Another State
Citizen or Subject of a O3 ❑ 3 Foreign Nation ❑ 6 El 6
Foreign Country
IV. NATURE OF SUIT (Place an "X" in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT *roars ' '•FORFEITOMPINALTY BANKRUPTCY . OTH ,A S j
. 110 Insurance PERSONAL INJURY PERSONAL INJURY ]625 Drug Related Seizure ] 422 Appeal 28 USC 158 ] 375 False Claims Act
120 Marine ] 310 Airplane • 365 Personal Injury - of Property 21 USC 881 ] 423 Withdrawal 1
376 Qui Tam (31 USC
— 130 Miller Act 1 315 Airplane Product Product Liability 1690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability ll 367 Health Care/ 400 State Reapportionment
. 150 Recovery of Overpayment ] 320 Assault, Libel & Pharmaceutical — PROPERTY RIGHTS 410Antitrust
& Enforcement of Judgment Slander Personal Injury J 820 Copyrights 430 Banks and Banking
—
_ 151 Medicare Act ] 330 Federal Employers' Product Liability 1 830 Patent 450 Commerce
152 Recovery of Defaulted Liability . 368 Asbestos Personal 835 Patent -Abbreviated 460 Deportation
Student Loans ] 340 Marine Injury Product New DrugApplication 470 Racketeer Influenced and
(Excludes Veterans) ] 345 Marine Product Liability 840 Trademark Corrupt Organizations
• 153 Recovery of Overpayment Liability PERSONAL PROPERTY i A Rt )R ] 880 Defend Trade Secrets ] 480 Consumer Credit
of Veteran's Benefits ] 350 Motor Vehicle _
— 370 Other Fraud 7,i
0 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
. 160 Stockholders' Suits ] 355 Motor Vehicle 371 Truth in Lending Act .] 485 Telephone Consumer
. 190 Other Contract Product Liability IN 380 Other Personal D720
Labor/Management _ URIPr Protection Act
E
— 195 Contract Product Liability 360 Other Personal Property Damage Relations — 861 FHA (1395ff) — 490 Cable/Sat TV
196 Franchise Injury IN 385 Property Damage ]740 Railway Labor Act -- 862 Black Lung (923) _ 850 Securities/Commodities/
.] 362 Personal Injury - Product Liability 1
. 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 STD Title XVI ] 890 Other Statutory Actions
I REAL ,PROPEICY. I • CIVIL MOWS PRISMERPETITIONSa C790 Other Labor Litigation ] 865 RS! (405(g)) ] 891 Agricultural Acts
1 210 Land Condemnation 1 440 Other Civil Rights Habeas Corpus: .791 Employee Retirement 1 893 Environmental Matters
. 220 Foreclosure FEDERAL TAX SUITS ___I 895 Freedom of Information
] 441 Voting
_ 230 Rent Lease & Ejectment ] 442 Employment
] 463 Alien Detainee
] 510 Motions to Vacate
Income Security Act
n
870 Taxes (U.S. Plaintiff Act
— 240 Torts to Land 443 Housing/ Sentence or Defendant) ] 896Arbitration
245 Tort Product Liability Accommodations ] 530 General ] 871 IRS—Third Party ] 899Administrative Procedure
. 290AII Other Real Property ] 445 Amer. wlDisabilities - ] 535 Death Penalty IMMIGRATION `' 26 USC 7609 Act/Review or Appeal of
Employment Other: 1462 Naturalization Application Agency Decision
] 446 Amer. wlDisabilities - — 540 Mandamus & Other 1 . 465 Other Immigration ] 950 Constitutionality of
Other _ 550 Civil Rights Actions State Statutes
] 448 Education 555 Prison Condition
—
_ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an "X" in One Box Only)
❑ 1 Original E 2 Removed from ❑
3 Remanded from o 4 Reinstated or o 5 Transferred from O 6 Multidistrict O 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(sPecW Transfer Direct File
Cite the U.S. Civil Statute under which you are filing roe not cite jurisdictional statutes unless diversity):
28 U.S..C. sec 1332
VI. CAUSE OF ACTION Brief description of cause:
Plaintiffs complaint sounds in negligence stemming from a personal injury incident.
VII. REQUESTED IN ❑ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, ER Cv.P. JURY DEMAND: DY es E No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE 'IUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
10/18/2023
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING !FP JUDGE MAG. JUDGE
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Local Arbitration Rule 83.7 provides that with certain exceptions, actions seeking m on ey dam ages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of dam ages is presumed to be below the threshold am ount unless a
certification to the contrary is filed.
Case is Eligible for Arbitration
I, J. Daniel Velez. Esq. , counsel for Defendants , do hereby certify that the above captioned civil action is ineligible for
compulsory arbitration for the following reason(s):
monetary damages sought are in excess of $150,000, exclusive of interest and costs,
• the complaint seeks injunctive relief,
• the matter is otherwise ineligible for the fdlowing reason
DISCLOSURE STATEMENT- FEDERAL RULES CIVIL PROCEDURE 7.1
Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:
Michaels Stores, Inc., a Delaware corporation with a principal place of business in Texas.
RELATED CASE STATEMENT (Section VIII on the Front of this Form)
Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a) provides that A civil case is 'related"
to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a
substantial saving of judicial resources is likely to result from assigning both cases to the same judge and magistrate judge." Rule 50.3.1 (b) provides that 'A civil case shall not be
deemed 'related" to another civil case merely because the civil case: (A) involves identical legal issues, or (B) involves the same parties" Rule 50.3.1 (c) further provides that
'Presumptively, and subject to the power of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be "related" unless both cases are still
pending before tie court"
NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)
1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
County? El Yes El No
2.) If you answered "no" above:
a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
County? El Yes Q No
b) Did the events or omissions givibrise to the claim or claims, or a substantial part thereof, occur in the Eastern
District? El Yes No
C) If this is a Fair Deht Collection Practice Act case, specify the County in which the offending communication was
received:
If your answer to question 2 (b) is "No," does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in d interpleader aation, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau or
Suffolk County? Y es U No
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
BAR ADMISSION
I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.
Yes CI No
Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?
0 Yes (If yes, please explain El No
I certify the accuracy of all information provided above.
Signature:
Print Save As... Reset Lastivfadified: 11O7O017
FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
X
NYASHA BABB, Civil Action No.:
Plaintiff, NOTICE OF REMOVAL
- against -
MICHAELS STORES, INC.,
Defendant.
X
TO THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF NEW YORK:
Defendant, MICHAELS STORES, INC., ("Defendant"), by its attorneys, GOLDBERG
SEGALLA LLP, upon information and belief, respectfully petitions the Court, pursuant to 28
U.S.C. 1441, as follows:
1. On or about June 5, 2023, the above-captioned civil action was commenced and is
now pending in the Supreme Court of the State of New York, County of Kings. A trial has not yet
been had therein. A copy of the Summons and Complaint is annexed as Exhibit "A". A copy of
the affidavit of service is annexed as Exhibit "B".
2. On or about July 12, 2023, Defendant filed its Verified Answer to plaintiff's
Complaint. A copy of Defendant's Verified Answer is annexed as Exhibit "C".
3. The action seeks monetary damages for personal injuries allegedly suffered by
plaintiff, Nyasha Babb, on February 5, 2022 when an art canvas allegedly fell from a height
onto her at the Michaels store located at 410 Gateway Drive, Brooklyn, New York. Plaintiff's
Complaint sounds in negligence. See Exhibit A at ¶¶ 8-27.
4. The action involves a controversy between citizens of different states, in that: (a)
Plaintiff is a citizen of the State of New York; and (b) Defendant is now and was at the time the
37962251.v1
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action was commenced a corporation incorporated in the State of Delaware with its principal place
of business in the State of Texas.
5. This action is one of which the District Courts of the United States have original
jurisdiction under 28 U.S.C. § 1332. There is complete diversity between Defendant and Plaintiff.
6. In addition, the amount in controversy exceeds $75,000. More specifically, on
October 2, 2023, the undersigned received plaintiff's Verified Bill of Particulars and Response to
Defendant's Combined Demands, dated September 22, 2023, in which plaintiff confirmed that she
is seeking special damages in the amount of $235,000 and compensatory damages in the amount
of $1,000,000 as a result of the subject incident. Copies of plaintiff's Verified Bill of Particulars
and Response Defendant's Combined Demands are collectively annexed as Exhibit "D".
7. This Notice of Removal is being filed within thirty (30) days of receipt of plaintiffs
written allegation that her alleged damages exceed $75,000. See Exhibit D.
8. Written notice of the filing of this Notice of Removal will be given to plaintiff
promptly after the filing of this Notice.
9. A true and correct copy of this Notice of Removal will be filed with the Clerk of
the Court of the Supreme Court of the State of New York, County of Kings, promptly after the
filing of this Notice.
10. Attached to this Notice, and by reference made a part hereof, are true and correct
copies of all process and pleadings filed herein.
11. By filing this Notice of Removal, Defendant does not waive any defense which
may be available to it.
2
37962251.v]
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WHEREFORE Defendant prays that the above-captioned action now pending in the
Supreme Court in the State of New York, County of Kings, be removed therefrom to this
Honorable Court.
Dated: Garden City, New York
October 18, 2023
Yours, etc.
-GOLDBERG SEG-ALLA .u.4),
By:
elez., Esq.
At rnFy for Defendant
MICHAELS STORES, INC.
Mailing Address: P.O. Box 780
Buffalo, NY 14201
200 Garden City Plaza, Suite 520
Garden City, New York 11530
(516) 281-9800
File No.: 10996.0093
TO: Andrew Davidow, Esq.
LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC
Attorneys for Plaintiff
Financial Square at 32 Old Slip, 8th Floor
New York, New York 10005
(212) 962-1020
File No.: 32189
3
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RECEIVED NYSCEF:
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EXHIBIT A
FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023
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C"
CSC
AS7 I ALL
Transmittal Number: 27102288
Notice of Service of Process Date Processed: 06/14/2023
Primary Contact: Jan Daiy
Michaels Stores, Inc.
3939 W John Carpenter Fwy
Irving, TX 75063-2909
Electronic copy provided to: Jane Ann Neiswender
Reva Barber
Robyn Trosper
Entity: Michaels Stores, Inc.
Entity ID Number 2748165
Entity Served: Michaels Stores, Inc.
Title of Action: Nyasha Babb vs. Michaels Stores, Inc.
Matter Name/ID: Nyasha Babb vs. Michaels Stores, Inc. (14191884)
Documents) Type: Summons/Complaint
Nature of Action: Personal Injury
Court/Agency: Kings County Supreme Court, NY
Case/Reference No: 516262/2023
Jurisdiction Served: New York
Date Served on CSC: 06/13/2023
Answer or Appearance Due: 20 Days
Originally Served On: CSC
How Served: Personal Service
Sender Information: Law Offices of Michaels S. Lamonsoff, PLLC
212-962-1020
Information contained on this transmittal form is for record keeping, notification and forwarding the attached document(s). lt does not
constitute a legal opinion. The recipient is responsible for interpreting the documents and taking appropriate action.
To avoid potential delay, please do not send your response to CSC
251 Little Falls Drive, Wilmington, Delaware 19808-1674 (888) 690-2882 I sop@cscglobal.com
FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023
Case 2:23-cv-07161. Document 1-2 Filed 10/18/23 Page 3 of 14 PagielDmict:Niy,. 50.262/2023
FXLED: IMNGS.COUNTY CLERX 06/05/2023 10:51 AM
NYSCEF riot. NO. RECEIVED NYSCEF: 06/05/2023
SUPREME COURT OF THE STATE OF NEW YORK 'Index No.:
COUNTY OF!CNC-S. Date Purchased:
..r•imem.••••=a•m 6 mmi.m• •6•••••=miwww.,..,
NY..ASH.ABAE)3, SUMMONS
Plaintiff, .Plaintiff designateS JIGS
'ezakIst - County as the place' of-trial,
MICHAELSSTORES, INC., The bakts of venue is:
Location of aecident
Defendant.
To the above named Defendant:
You are herOy summoned to apswer the. coraradint in this action,.and to see a copy of
your answer, or, if the complaint is not served with this gut/I:Trion% to •erve.a notice ofappearance
on the Plaintiffs attorwy(s) within tWen*.-dayS after the service of this summons,
'exclusive of the
day of service,:where service is made by delivery upon youpersona lly withinthe state, Or, .within
30 day§ after completiOn of service where service is made in an' other mangier_ 131 case of your
failure to appear .or answer, judgment Will be taken againsi you by default for the relief del:madded
in the aoimplaiht.
Dated: New York, NeW York
May 31, 2023
ANDREW DAVIDOW, ESQ
LAW OFFICES OF
MICHAELS-.S. LA_MONSiDFF, PLLC
Attorneys for Plaintiff
NYASHA BBB
Financial Square at 32 Old Slip - 8th FL
New York, New York 10005
Tel -Isla,: (212).0624020
Fax No.: (212) 962-3078
Your File No.: 32189
TO:
lidM-rtAtLS STORES,1:NO,
' 80 StW `Street
AlbanY, New York 12267
:of 8
FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023
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Case 2:23-cv-07761 .Document 1-2 Filed 10118/23 Page 4 of 14 PaulDVA . 0462/u2s
(FILED.: ZINGS' =LINTY .CLERIC 06/45/2023. .10:51 Mg
:ivysetr :MC I_ alECETV*rwscxr 06/99/2923
,SITFREN.W COURT OF THE 'STA,T$ OF' EW YORK.'
COUNTY OF KESIPS
against ;.DafeTuralased:
MICii.AELS;STORES,,INC., VERITIED COMPLONT
Defend-art:
:X.
Plaiutift, by het atrotnets, 7_,A5V.00'xicgs.ov mrismoots S. toog.soFF;rwc;.
ooni:p3AiAilt bt-tb&oefehiiight4ItopdattaiyAnd.gos,
That this .11.a.ittar4 NikAtErA uo :was; and siiiiiS,:a.itadetvaiho-:cbudy ox
Kir*,CI* atiduStatite-lOfNeWYOik.
2... That at anilines hereinafter mentioned., Ddendint MICRAELS,STORF4,INC.
:was,and siin Ja a .$*ig4.-1311„s;bqess corporatidu.dnly:organized and exisP.:ng of the Jaws of
State. of Nlelnf buSineaSinThe.Staip 'oft_iew York
3_ That a€ .all'iiittes heteinafteontfnoncii, belf0jan MICHAELS. STORES,. INC
Was .-41: a iloritokto tookiO4.1)*i4e$,t oavotail.61:ttiOl4glatitidos ip.t:b.e State ot-ISfew.
na...ti an tiro lierAiafter hientionei4 Defendant:MICHAELS STMES; NC
•was and: *Pais an ;III incorporated association doinkbuSitkiss State Of Naw
5. Thai At: allihnes..b.nreinaft.ez paentionod, Defendant NRCHAELS:STORES,
A-as.and still is a sdie proprietorship' ..,tping.).?.1.isirwslinthe State:of 'New 'Yolk.
6. That at all hies boteraikw..mea-otied; DefendantATICIIAELS :S'a'o .5,
w4Litoinect apipapiti. ritsco of trcs, inoss in the County :of %ttoklyn„'Sme of New
:7_ -That on. Febmaiy 5, 202, the et.qtAd a building and'Invanisea• known
Of
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Case 2:23-cv-07761 Document 1-2 Filed 10/18123 . Page 5 of 14 Pagat i
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MICRAtt If500.64. 41(MA:OWAY 0/15611431,'NegrY0', 12:49. (hgreihaff-Or'sixbioct
preMises")...
'8. That on:February :Sy 2022,.,Tiaintiff„ iNYASHA:g.k15B, was lawfully within the
subject Tretnifses, .Where :she was caused le sUstalti .pOrsonai Irijnries due to the defendants'
Thai on Febnv.ry cideridant,.-MICBAZIA.:STORFSv.ESIC,•iitvnita the
subject. premises.
That 04 febtooty,5:,.2012.2; the.defendant,
andlor employees manAcTed the s ubject premises.
017.76hruary 5,: W22, the defendant;-MICHAELS selvarimi
gents andlor emplpyees -cohtrale-4.the sphjefft prehaso-
12: That ,on.Februaty 5, 2.0?:')., the decriclatit, Pin[CIMELS STORES, INC.); servants,.
agenta-andfot:timOtoyees maintained:AielOti,113da Pit4 50S-
3_ That ai3 Pebruary.:5„ 2022', :the.Deendant 341C1944t1S 'STOR.E SAC., was tlZe
lesSOr Of the Subject prez7•iSes:
14. 'That. on Viebniary 2022., :the.Defendant TAICIL4ELS 'STORES, INC.; Was the
lessee cifthe safjecIptegzi.$.es:
FebrigtY tOr."2:44nd at all tbittSlierai . menatcood, sitjOtpprelgist* was.
*v ie b..Defendant ivtivar.ots.sT00,:liqc.,..thoit tigents; "servants gnat employees.
16. '[hat oh. Febri.taty 5, 2022, and at 01 iiineSliereiti inettotata, thetOjeaprernis
was operated. by L)efeheaTit tinCia,A.gijs STORIES, .INC4 agent, servants
.employees.
17. That on Tebraary :5, 2022„ and at:all limes herein -mentioned, the .subject. premises
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Case 2:23-cv-01761
. Document 1-2 Filed 10/18123 Page 6 of 14 Pagaa: 11. . ..
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trks:Ct.P tiOt. 20. i IRR.CErVXD NYSCEY: 'W0512.023.
•
was :managed by Defendant MICHAELS STORES', INC., their agents, servants and/or
employees.
118_ That on February..$; 1022, arid at all times herein MentiOned, the *subject nteijises:
was .maintened 'by .i)ete..rAiiit IMICAAELS 'STORM INC., their agents, 5.00'ants andior
.employees.
'19. That On February a, 2022, and at all times herein nientioned, the Subject premises
was controlled by Defendant :MICHAELS STORES, TNC.,. their :agents. :servants and/or
employees:
10. That ion. February $, 2.612, Defendant MICH:A:ELS STORES, INC.; .their Vaunt,.
servants andicik employees Operated an attS and era€ts stare .0.11the mibieetiVeriises,
2i. That .on February 5, 2072, :and at all ihnet herein :mentioned, the Defendant,
.MICHAELS STORES, INC, ₹.heir serveats, agents, employees: and r' lieensteS had the non-
delegable &fry to see that the subject pro: ices was kept reasonable Safe and 'free of dangers and
h.417:Ardous to those lawfully thereat.
22. That the Defendant, MICHAELS STORES, INC., their agents, servants .and/Or
employees had:acta... and/or Consvucfive notice of the danger0uS 841,dior:defecti'vo-condjtiork..5 in
that conditions :existed for a`sufficient length of time prior to the happening of the incident and
in theexereise6freatiariable care, the defendants could hi* and,sh0ild havehadkn0wledge and
notice thereof and further; the :defendant, their, agents, servants .4d/6r emplOyees created :said
condition.
21. Thai. on February 5, .1022; and at all :times he/eine:6er reff—Aoned, Defendanti
MICHAELS STORES, INC.; their apzents, servants andior .enaplOyees were under a duty to keep
the sUbject premises iii a safe, proper, and...secure manner, in good repair.and free. firma obstruction,
of
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defect, IIF72-rdous and dangerous conditions.
24, that on Februa*-5, 2022; pleititifrwaseaused to'be injured when en art canvas fell
torn a:height Onto her, due to the negligence of the 'defendants.
25. That on February 5, 2022, thedefendan.ts,-th'eir.agents,servants and/or employees
nbstigeritly and eareletily Maintained said eternise in such *hazard, negligent rrfOil*fer este'
cause the same to become add .retrain in an. Unsafe, improper and dangerous conditiOn, Which
:consisted of a trap and nuisance .as well as a negligent and impropir condition .61 which the
defendants bad -due notice, or by the use of reasonable care and inspection therein, might and
..should have had due notice.
.2.6. That_ d -acedent and resulting injuries to the plaintiff were Caused solely and
Wholly ,by reason `of carelessness, reekletsaess 'and negligence of the defendant, WithOut any
negligent ef the plaintiff thereto.
. 27. That by reason of the: preiniie and wit.- g# l acts a td omissions on the part of the
defendant as-afaresaik the plaintiff fins suffered and.will.continue to suffer pain and agony in Mind
and body and was unable to attend her duties -and has arestiltant loss therefrom.
28.-That by reason of the foregoing; Vlainfiff NIYASEIABABB was tiaanaged ina som
which exceeds the jurisdictIonall of all lower toles Whichwould otherwise have jurisdiction.
1+1=ittalKiRE, Pl?frttiffdemandsji nt against th.e.Defendaxits herein, in a sum
eiceeeding the jurisdietion limits of all lower donrts.which Wotild otherWiSe havejurisdicti0n,
'together with the costs and disbursements ofthis action:
:Pate& New York, New'York.
May 31, 2023
5 of t
FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023
Case 2:23-cv-O7761 Document 1-2 Filed 10/1B/23 P. ge B of 14 Pagaat
.1,Z7
13
'Nu. 51626212023
COUNTY 'CLERK 06/05/2023 10:51 AN'
INTISCER: :riCie. NO, -RECEIVED •NYSCEF.: 06/05/21:12i
W DAVIDOW, ESQ:
• LAW OFFICES OF
MICHAELS S.. LANIONSOFF,.PLLC
Attorneys fpr plaLntiff
NYASHA BABB
Square at 32 Old Slip - 8th FL
N6* York,'NeAT York 10005
Tel X10.: g 962-1020
Fax No.: k21.2Y 962-3078
Otr.File No4.:32189
6 :of ;a
FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023
Case 2:23-cv-07761 Document 1-2 Filed 10/18/23 Page 9 of 14 PagelD.#: 14 5tS262/2023
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IYSCEF bL羟．NO. 1 RE6VYVB 狡重sC包V: 06/05/202
ATFOI NEY'S VERIFICATION
、ANDREW DAVIDOW.ESQ an attorne.V duly admitted to practit e before the C'ount of
the State.of New York己affirms the following to he true under the penaldos of.perjury:I am an
attorney at LAW .0 VICES OF MIC豇AELSS.LAMO1SOFF, ,.attorney・ofrecord for
Plaintiff,'NYASRA,BABB. 1 hallo read the.annexed COWL LINT and know・the contents
* Fired and ihe qa-rie ate true to my-knowledge.・exceptthoSe haat-es ther in which are Stated to
he alleged upon iifozmatiOn and belief. a.nd as to thOse mattett.‘I helieyc tem to be' trae. My
beliet•es to those 'matters therein・ ot stated upon- knoWledge,is.based upon facts, records,.and
other perdnent:ix fon ation contained in my files.
This- verification is made .by me.beeaIse 'Plaintiff, oes ncit xeside..and is n0t presentl r in
:伪ec。un・y wherein I-maintain my offiees.
Dated: New York.New York
r 54 2023
7 bf a
FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023
Case 2:23-cv-07161 Document 1-2 Filed 10/18/23 Page 10 of 14 PaaelD #: 15
INDEX NO. 'SI.62E2/2023
(FILED: KINGS. COUNTY CLERK :06 / 0 5/.2023 10:•51 Mill
Isirrsctr .1 RECEIVED :NtSCEF: Q6105/2023
fide;,1
S JPREME COURT OF T1-m• STATE OF NEW YORX
-COUNTV-OF KINGS
NYASHA BAB%
P1 intiff1
against' -
MICHAELS STORES, INC„.
Oefetdatits:
WM-MONS AND °COMPLAINT
LAW OFFICES OF MICILAELS S. LAMONSOFF, PLLC
Attorneysfor Plaintiff
Fituarecial Square at.32 Old Slip - 8th FL
,New York, New York,10005
(212) 962-1020
8 of 8
FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023
Case 2:23-cv-07761 Document 1-2 Filed 10/18/23 Page 11of 14 PagelD It 16
,m172Ex NO. .516262/ZO2S
NYSCEP :ppc. 'WY_ 2 RECEWBD-NTSCiri 06/05/2022
:SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NOTICE OF
NYASIIA BABB, .COMMENCEMENT OF
,ACTION FOR PERSON:4,
Plai)itift IN.R.TRIESPURSUANT TO
against - CPLR:§306-C
MICHAELS STORES, INC.; IndeX SltairZi LY-;
Defendant.
PLEASE TAKE NOTICE that pur
Preview
FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023 EXHIBIT A FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO. Case 10 2:23-cv-07761 DVIVIttedVttc§11ittir Page 1 of 2RECEIVED PageID #: NYSCEF: 4 10/18/2023 JS 44 (Rev. 10/20) The JS 44 civil cover sheet and the inform ation contained herein neither replace nor supplement the filing and service ofp leadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of in itiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXTPAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS Nyasha Babb Michaels Stores, Inc. (b) County of Residence of First Listed Plaintiff Kings County County of Residence of First Listed Defendant Texas (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c) Attorneys (Finn Name, Address, and Telephone Number) Attorneys (IfKnown) Andrew Davidow, Esq./Michael S. Lamonsoff, PLLC Daniel Velez, Esq./Goldberg Segalla LLP 32 Old Slip, 8th Fl., New York, NY 10005 200 Garden City Plaza, Ste. 520, Garden City, NY 11530 II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) O1 U.S. Government 03 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Nola Party) Citizen of This State O O Incorporated or Principal Place O 4 El 4 of Business In This State ❑ 2 U.S. Government E4 Diversity Citizen ofAnother State ❑2 111 2 Incorporated andPrincipal Place O 5 ID Defendant (Indicate Citizenship ofParties in Item III) of Business In Another State Citizen or Subject of a O3 ❑ 3 Foreign Nation ❑ 6 El 6 Foreign Country IV. NATURE OF SUIT (Place an "X" in One Box Only) Click here for: Nature of Suit Code Descriptions. CONTRACT *roars ' '•FORFEITOMPINALTY BANKRUPTCY . OTH ,A S j . 110 Insurance PERSONAL INJURY PERSONAL INJURY ]625 Drug Related Seizure ] 422 Appeal 28 USC 158 ] 375 False Claims Act 120 Marine ] 310 Airplane • 365 Personal Injury - of Property 21 USC 881 ] 423 Withdrawal 1 376 Qui Tam (31 USC — 130 Miller Act 1 315 Airplane Product Product Liability 1690 Other 28 USC 157 3729(a)) 140 Negotiable Instrument Liability ll 367 Health Care/ 400 State Reapportionment . 150 Recovery of Overpayment ] 320 Assault, Libel & Pharmaceutical — PROPERTY RIGHTS 410Antitrust & Enforcement of Judgment Slander Personal Injury J 820 Copyrights 430 Banks and Banking — _ 151 Medicare Act ] 330 Federal Employers' Product Liability 1 830 Patent 450 Commerce 152 Recovery of Defaulted Liability . 368 Asbestos Personal 835 Patent -Abbreviated 460 Deportation Student Loans ] 340 Marine Injury Product New DrugApplication 470 Racketeer Influenced and (Excludes Veterans) ] 345 Marine Product Liability 840 Trademark Corrupt Organizations • 153 Recovery of Overpayment Liability PERSONAL PROPERTY i A Rt )R ] 880 Defend Trade Secrets ] 480 Consumer Credit of Veteran's Benefits ] 350 Motor Vehicle _ — 370 Other Fraud 7,i 0 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692) . 160 Stockholders' Suits ] 355 Motor Vehicle 371 Truth in Lending Act .] 485 Telephone Consumer . 190 Other Contract Product Liability IN 380 Other Personal D720 Labor/Management _ URIPr Protection Act E — 195 Contract Product Liability 360 Other Personal Property Damage Relations — 861 FHA (1395ff) — 490 Cable/Sat TV 196 Franchise Injury IN 385 Property Damage ]740 Railway Labor Act -- 862 Black Lung (923) _ 850 Securities/Commodities/ .] 362 Personal Injury - Product Liability 1 . 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange Medical Malpractice Leave Act 864 STD Title XVI ] 890 Other Statutory Actions I REAL ,PROPEICY. I • CIVIL MOWS PRISMERPETITIONSa C790 Other Labor Litigation ] 865 RS! (405(g)) ] 891 Agricultural Acts 1 210 Land Condemnation 1 440 Other Civil Rights Habeas Corpus: .791 Employee Retirement 1 893 Environmental Matters . 220 Foreclosure FEDERAL TAX SUITS ___I 895 Freedom of Information ] 441 Voting _ 230 Rent Lease & Ejectment ] 442 Employment ] 463 Alien Detainee ] 510 Motions to Vacate Income Security Act n 870 Taxes (U.S. Plaintiff Act — 240 Torts to Land 443 Housing/ Sentence or Defendant) ] 896Arbitration 245 Tort Product Liability Accommodations ] 530 General ] 871 IRS—Third Party ] 899Administrative Procedure . 290AII Other Real Property ] 445 Amer. wlDisabilities - ] 535 Death Penalty IMMIGRATION `' 26 USC 7609 Act/Review or Appeal of Employment Other: 1462 Naturalization Application Agency Decision ] 446 Amer. wlDisabilities - — 540 Mandamus & Other 1 . 465 Other Immigration ] 950 Constitutionality of Other _ 550 Civil Rights Actions State Statutes ] 448 Education 555 Prison Condition — _ 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an "X" in One Box Only) ❑ 1 Original E 2 Removed from ❑ 3 Remanded from o 4 Reinstated or o 5 Transferred from O 6 Multidistrict O 8 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation - (sPecW Transfer Direct File Cite the U.S. Civil Statute under which you are filing roe not cite jurisdictional statutes unless diversity): 28 U.S..C. sec 1332 VI. CAUSE OF ACTION Brief description of cause: Plaintiffs complaint sounds in negligence stemming from a personal injury incident. VII. REQUESTED IN ❑ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, ER Cv.P. JURY DEMAND: DY es E No VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE 'IUMBER DATE SIGNATURE OF ATTORNEY OF RECORD 10/18/2023 FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING !FP JUDGE MAG. JUDGE FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO. Case 10 RECEIVED #: 2:23-GgVilitging&TuIWPFIMPRRAMMEIFIWPIONPagelD NYSCEF: 5 10/18/2023 Local Arbitration Rule 83.7 provides that with certain exceptions, actions seeking m on ey dam ages only in an amount not in excess of $150,000, exclusive of interest and costs, are eligible for compulsory arbitration. The amount of dam ages is presumed to be below the threshold am ount unless a certification to the contrary is filed. Case is Eligible for Arbitration I, J. Daniel Velez. Esq. , counsel for Defendants , do hereby certify that the above captioned civil action is ineligible for compulsory arbitration for the following reason(s): monetary damages sought are in excess of $150,000, exclusive of interest and costs, • the complaint seeks injunctive relief, • the matter is otherwise ineligible for the fdlowing reason DISCLOSURE STATEMENT- FEDERAL RULES CIVIL PROCEDURE 7.1 Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks: Michaels Stores, Inc., a Delaware corporation with a principal place of business in Texas. RELATED CASE STATEMENT (Section VIII on the Front of this Form) Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a) provides that A civil case is 'related" to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to the same judge and magistrate judge." Rule 50.3.1 (b) provides that 'A civil case shall not be deemed 'related" to another civil case merely because the civil case: (A) involves identical legal issues, or (B) involves the same parties" Rule 50.3.1 (c) further provides that 'Presumptively, and subject to the power of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be "related" unless both cases are still pending before tie court" NY-E DIVISION OF BUSINESS RULE 50.1(d)(2) 1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk County? El Yes El No 2.) If you answered "no" above: a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk County? El Yes Q No b) Did the events or omissions givibrise to the claim or claims, or a substantial part thereof, occur in the Eastern District? El Yes No C) If this is a Fair Deht Collection Practice Act case, specify the County in which the offending communication was received: If your answer to question 2 (b) is "No," does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or Suffolk County, or, in d interpleader aation, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau or Suffolk County? Y es U No (Note: A corporation shall be considered a resident of the County in which it has the most significant contacts). BAR ADMISSION I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court. Yes CI No Are you currently the subject of any disciplinary action (s) in this or any other state or federal court? 0 Yes (If yes, please explain El No I certify the accuracy of all information provided above. Signature: Print Save As... Reset Lastivfadified: 11O7O017 FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO. 10 Case 2:23-cv-07761 Document 1 Filed 10/18/23 Page 1 of 3RECEIVED PagelD #:NYSCEF: 1 10/18/2023 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X NYASHA BABB, Civil Action No.: Plaintiff, NOTICE OF REMOVAL - against - MICHAELS STORES, INC., Defendant. X TO THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK: Defendant, MICHAELS STORES, INC., ("Defendant"), by its attorneys, GOLDBERG SEGALLA LLP, upon information and belief, respectfully petitions the Court, pursuant to 28 U.S.C. 1441, as follows: 1. On or about June 5, 2023, the above-captioned civil action was commenced and is now pending in the Supreme Court of the State of New York, County of Kings. A trial has not yet been had therein. A copy of the Summons and Complaint is annexed as Exhibit "A". A copy of the affidavit of service is annexed as Exhibit "B". 2. On or about July 12, 2023, Defendant filed its Verified Answer to plaintiff's Complaint. A copy of Defendant's Verified Answer is annexed as Exhibit "C". 3. The action seeks monetary damages for personal injuries allegedly suffered by plaintiff, Nyasha Babb, on February 5, 2022 when an art canvas allegedly fell from a height onto her at the Michaels store located at 410 Gateway Drive, Brooklyn, New York. Plaintiff's Complaint sounds in negligence. See Exhibit A at ¶¶ 8-27. 4. The action involves a controversy between citizens of different states, in that: (a) Plaintiff is a citizen of the State of New York; and (b) Defendant is now and was at the time the 37962251.v1 FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO. 10 Case 2:23-cv-07761 Document I Filed 10/18/23 Page 2 of 3RECEIVED PagelD #:NYSCEF: 2 10/18/2023 action was commenced a corporation incorporated in the State of Delaware with its principal place of business in the State of Texas. 5. This action is one of which the District Courts of the United States have original jurisdiction under 28 U.S.C. § 1332. There is complete diversity between Defendant and Plaintiff. 6. In addition, the amount in controversy exceeds $75,000. More specifically, on October 2, 2023, the undersigned received plaintiff's Verified Bill of Particulars and Response to Defendant's Combined Demands, dated September 22, 2023, in which plaintiff confirmed that she is seeking special damages in the amount of $235,000 and compensatory damages in the amount of $1,000,000 as a result of the subject incident. Copies of plaintiff's Verified Bill of Particulars and Response Defendant's Combined Demands are collectively annexed as Exhibit "D". 7. This Notice of Removal is being filed within thirty (30) days of receipt of plaintiffs written allegation that her alleged damages exceed $75,000. See Exhibit D. 8. Written notice of the filing of this Notice of Removal will be given to plaintiff promptly after the filing of this Notice. 9. A true and correct copy of this Notice of Removal will be filed with the Clerk of the Court of the Supreme Court of the State of New York, County of Kings, promptly after the filing of this Notice. 10. Attached to this Notice, and by reference made a part hereof, are true and correct copies of all process and pleadings filed herein. 11. By filing this Notice of Removal, Defendant does not waive any defense which may be available to it. 2 37962251.v] FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO. 10 Case 2:23-cv-07761 Document I Filed 10/18/23 Page 3 of 3RECEIVED PagelD #:NYSCEF: 3 10/18/2023 WHEREFORE Defendant prays that the above-captioned action now pending in the Supreme Court in the State of New York, County of Kings, be removed therefrom to this Honorable Court. Dated: Garden City, New York October 18, 2023 Yours, etc. -GOLDBERG SEG-ALLA .u.4), By: elez., Esq. At rnFy for Defendant MICHAELS STORES, INC. Mailing Address: P.O. Box 780 Buffalo, NY 14201 200 Garden City Plaza, Suite 520 Garden City, New York 11530 (516) 281-9800 File No.: 10996.0093 TO: Andrew Davidow, Esq. LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC Attorneys for Plaintiff Financial Square at 32 Old Slip, 8th Floor New York, New York 10005 (212) 962-1020 File No.: 32189 3 37962251.v1 FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO.Case 10 2:23-cv-07761 Document 1-2 Filed 10/18/23 Page 1 of 14 RECEIVED NYSCEF: PagelD #: 6 10/18/2023 EXHIBIT A FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 Case 2:23-cv-07761 Document 1-2 Filed 10/18/23 Page 2 of 14RECEIVED NYSCEF DOC. NO. 10 PagelD #: NYSCEF: 7 10/18/2023 C" CSC AS7 I ALL Transmittal Number: 27102288 Notice of Service of Process Date Processed: 06/14/2023 Primary Contact: Jan Daiy Michaels Stores, Inc. 3939 W John Carpenter Fwy Irving, TX 75063-2909 Electronic copy provided to: Jane Ann Neiswender Reva Barber Robyn Trosper Entity: Michaels Stores, Inc. Entity ID Number 2748165 Entity Served: Michaels Stores, Inc. Title of Action: Nyasha Babb vs. Michaels Stores, Inc. Matter Name/ID: Nyasha Babb vs. Michaels Stores, Inc. (14191884) Documents) Type: Summons/Complaint Nature of Action: Personal Injury Court/Agency: Kings County Supreme Court, NY Case/Reference No: 516262/2023 Jurisdiction Served: New York Date Served on CSC: 06/13/2023 Answer or Appearance Due: 20 Days Originally Served On: CSC How Served: Personal Service Sender Information: Law Offices of Michaels S. Lamonsoff, PLLC 212-962-1020 Information contained on this transmittal form is for record keeping, notification and forwarding the attached document(s). lt does not constitute a legal opinion. The recipient is responsible for interpreting the documents and taking appropriate action. To avoid potential delay, please do not send your response to CSC 251 Little Falls Drive, Wilmington, Delaware 19808-1674 (888) 690-2882 I sop@cscglobal.com FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023 Case 2:23-cv-07161. Document 1-2 Filed 10/18/23 Page 3 of 14 PagielDmict:Niy,. 50.262/2023 FXLED: IMNGS.COUNTY CLERX 06/05/2023 10:51 AM NYSCEF riot. NO. RECEIVED NYSCEF: 06/05/2023 SUPREME COURT OF THE STATE OF NEW YORK 'Index No.: COUNTY OF!CNC-S. Date Purchased: ..r•imem.••••=a•m 6 mmi.m• •6•••••=miwww.,.., NY..ASH.ABAE)3, SUMMONS Plaintiff, .Plaintiff designateS JIGS 'ezakIst - County as the place' of-trial, MICHAELSSTORES, INC., The bakts of venue is: Location of aecident Defendant. To the above named Defendant: You are herOy summoned to apswer the. coraradint in this action,.and to see a copy of your answer, or, if the complaint is not served with this gut/I:Trion% to •erve.a notice ofappearance on the Plaintiffs attorwy(s) within tWen*.-dayS after the service of this summons, 'exclusive of the day of service,:where service is made by delivery upon youpersona lly withinthe state, Or, .within 30 day§ after completiOn of service where service is made in an' other mangier_ 131 case of your failure to appear .or answer, judgment Will be taken againsi you by default for the relief del:madded in the aoimplaiht. Dated: New York, NeW York May 31, 2023 ANDREW DAVIDOW, ESQ LAW OFFICES OF MICHAELS-.S. LA_MONSiDFF, PLLC Attorneys for Plaintiff NYASHA BBB Financial Square at 32 Old Slip - 8th FL New York, New York 10005 Tel -Isla,: (212).0624020 Fax No.: (212) 962-3078 Your File No.: 32189 TO: lidM-rtAtLS STORES,1:NO, ' 80 StW `Street AlbanY, New York 12267 :of 8 FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023 Case 2:23-cv-07761 .Document 1-2 Filed 10118/23 Page 4 of 14 PaulDVA . 0462/u2s (FILED.: ZINGS' =LINTY .CLERIC 06/45/2023. .10:51 Mg :ivysetr :MC I_ alECETV*rwscxr 06/99/2923 ,SITFREN.W COURT OF THE 'STA,T$ OF' EW YORK.' COUNTY OF KESIPS against ;.DafeTuralased: MICii.AELS;STORES,,INC., VERITIED COMPLONT Defend-art: :X. Plaiutift, by het atrotnets, 7_,A5V.00'xicgs.ov mrismoots S. toog.soFF;rwc;. ooni:p3AiAilt bt-tb&oefehiiight4ItopdattaiyAnd.gos, That this .11.a.ittar4 NikAtErA uo :was; and siiiiiS,:a.itadetvaiho-:cbudy ox Kir*,CI* atiduStatite-lOfNeWYOik. 2... That at anilines hereinafter mentioned., Ddendint MICRAELS,STORF4,INC. :was,and siin Ja a .$*ig4.-1311„s;bqess corporatidu.dnly:organized and exisP.:ng of the Jaws of State. of Nlelnf buSineaSinThe.Staip 'oft_iew York 3_ That a€ .all'iiittes heteinafteontfnoncii, belf0jan MICHAELS. STORES,. INC Was .-41: a iloritokto tookiO4.1)*i4e$,t oavotail.61:ttiOl4glatitidos ip.t:b.e State ot-ISfew. na...ti an tiro lierAiafter hientionei4 Defendant:MICHAELS STMES; NC •was and: *Pais an ;III incorporated association doinkbuSitkiss State Of Naw 5. Thai At: allihnes..b.nreinaft.ez paentionod, Defendant NRCHAELS:STORES, A-as.and still is a sdie proprietorship' ..,tping.).?.1.isirwslinthe State:of 'New 'Yolk. 6. That at all hies boteraikw..mea-otied; DefendantATICIIAELS :S'a'o .5, w4Litoinect apipapiti. ritsco of trcs, inoss in the County :of %ttoklyn„'Sme of New :7_ -That on. Febmaiy 5, 202, the et.qtAd a building and'Invanisea• known Of FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023 Case 2:23-cv-07761 Document 1-2 Filed 10/18123 . Page 5 of 14 Pagat i OILED: . zottnery CLERK. DZ105/2023 10:51..M ItkaCEE' DOC.. NO. RECEIVE07 irret EF : 06/0512023 MICRAtt If500.64. 41(MA:OWAY 0/15611431,'NegrY0', 12:49. (hgreihaff-Or'sixbioct preMises")... '8. That on:February :Sy 2022,.,Tiaintiff„ iNYASHA:g.k15B, was lawfully within the subject Tretnifses, .Where :she was caused le sUstalti .pOrsonai Irijnries due to the defendants' Thai on Febnv.ry cideridant,.-MICBAZIA.:STORFSv.ESIC,•iitvnita the subject. premises. That 04 febtooty,5:,.2012.2; the.defendant, andlor employees manAcTed the s ubject premises. 017.76hruary 5,: W22, the defendant;-MICHAELS selvarimi gents andlor emplpyees -cohtrale-4.the sphjefft prehaso- 12: That ,on.Februaty 5, 2.0?:')., the decriclatit, Pin[CIMELS STORES, INC.); servants,. agenta-andfot:timOtoyees maintained:AielOti,113da Pit4 50S- 3_ That ai3 Pebruary.:5„ 2022', :the.Deendant 341C1944t1S 'STOR.E SAC., was tlZe lesSOr Of the Subject prez7•iSes: 14. 'That. on Viebniary 2022., :the.Defendant TAICIL4ELS 'STORES, INC.; Was the lessee cifthe safjecIptegzi.$.es: FebrigtY tOr."2:44nd at all tbittSlierai . menatcood, sitjOtpprelgist* was. *v ie b..Defendant ivtivar.ots.sT00,:liqc.,..thoit tigents; "servants gnat employees. 16. '[hat oh. Febri.taty 5, 2022, and at 01 iiineSliereiti inettotata, thetOjeaprernis was operated. by L)efeheaTit tinCia,A.gijs STORIES, .INC4 agent, servants .employees. 17. That on Tebraary :5, 2022„ and at:all limes herein -mentioned, the .subject. premises FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023 Case 2:23-cv-01761 . Document 1-2 Filed 10/18123 Page 6 of 14 Pagaa: 11. . .. [FILED: RINGS COUNTY CLERK 0 6/ 0 51:2023 10 :'51 AM, mu 5162.6V2n3. trks:Ct.P tiOt. 20. i IRR.CErVXD NYSCEY: 'W0512.023. • was :managed by Defendant MICHAELS STORES', INC., their agents, servants and/or employees. 118_ That on February..$; 1022, arid at all times herein MentiOned, the *subject nteijises: was .maintened 'by .i)ete..rAiiit IMICAAELS 'STORM INC., their agents, 5.00'ants andior .employees. '19. That On February a, 2022, and at all times herein nientioned, the Subject premises was controlled by Defendant :MICHAELS STORES, TNC.,. their :agents. :servants and/or employees: 10. That ion. February $, 2.612, Defendant MICH:A:ELS STORES, INC.; .their Vaunt,. servants andicik employees Operated an attS and era€ts stare .0.11the mibieetiVeriises, 2i. That .on February 5, 2072, :and at all ihnet herein :mentioned, the Defendant, .MICHAELS STORES, INC, ₹.heir serveats, agents, employees: and r' lieensteS had the non- delegable &fry to see that the subject pro: ices was kept reasonable Safe and 'free of dangers and h.417:Ardous to those lawfully thereat. 22. That the Defendant, MICHAELS STORES, INC., their agents, servants .and/Or employees had:acta... and/or Consvucfive notice of the danger0uS 841,dior:defecti'vo-condjtiork..5 in that conditions :existed for a`sufficient length of time prior to the happening of the incident and in theexereise6freatiariable care, the defendants could hi* and,sh0ild havehadkn0wledge and notice thereof and further; the :defendant, their, agents, servants .4d/6r emplOyees created :said condition. 21. Thai. on February 5, .1022; and at all :times he/eine:6er reff—Aoned, Defendanti MICHAELS STORES, INC.; their apzents, servants andior .enaplOyees were under a duty to keep the sUbject premises iii a safe, proper, and...secure manner, in good repair.and free. firma obstruction, of FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023 Case 2:23-cv-07761 Document 1-2 Filed 10/18/23 Page 7 of 14 Pagggzi XINGS.COUNTY CLERX 06/0512023 10t51.. 1 33.62.62/2P23. :NY$OEF DOC. NO.. 7. 120CEIVED NYSCEF: 06/05/2023 defect, IIF72-rdous and dangerous conditions. 24, that on Februa*-5, 2022; pleititifrwaseaused to'be injured when en art canvas fell torn a:height Onto her, due to the negligence of the 'defendants. 25. That on February 5, 2022, thedefendan.ts,-th'eir.agents,servants and/or employees nbstigeritly and eareletily Maintained said eternise in such *hazard, negligent rrfOil*fer este' cause the same to become add .retrain in an. Unsafe, improper and dangerous conditiOn, Which :consisted of a trap and nuisance .as well as a negligent and impropir condition .61 which the defendants bad -due notice, or by the use of reasonable care and inspection therein, might and ..should have had due notice. .2.6. That_ d -acedent and resulting injuries to the plaintiff were Caused solely and Wholly ,by reason `of carelessness, reekletsaess 'and negligence of the defendant, WithOut any negligent ef the plaintiff thereto. . 27. That by reason of the: preiniie and wit.- g# l acts a td omissions on the part of the defendant as-afaresaik the plaintiff fins suffered and.will.continue to suffer pain and agony in Mind and body and was unable to attend her duties -and has arestiltant loss therefrom. 28.-That by reason of the foregoing; Vlainfiff NIYASEIABABB was tiaanaged ina som which exceeds the jurisdictIonall of all lower toles Whichwould otherwise have jurisdiction. 1+1=ittalKiRE, Pl?frttiffdemandsji nt against th.e.Defendaxits herein, in a sum eiceeeding the jurisdietion limits of all lower donrts.which Wotild otherWiSe havejurisdicti0n, 'together with the costs and disbursements ofthis action: :Pate& New York, New'York. May 31, 2023 5 of t FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023 Case 2:23-cv-O7761 Document 1-2 Filed 10/1B/23 P. ge B of 14 Pagaat .1,Z7 13 'Nu. 51626212023 COUNTY 'CLERK 06/05/2023 10:51 AN' INTISCER: :riCie. NO, -RECEIVED •NYSCEF.: 06/05/21:12i W DAVIDOW, ESQ: • LAW OFFICES OF MICHAELS S.. LANIONSOFF,.PLLC Attorneys fpr plaLntiff NYASHA BABB Square at 32 Old Slip - 8th FL N6* York,'NeAT York 10005 Tel X10.: g 962-1020 Fax No.: k21.2Y 962-3078 Otr.File No4.:32189 6 :of ;a FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023 Case 2:23-cv-07761 Document 1-2 Filed 10/18/23 Page 9 of 14 PagelD.#: 14 5tS262/2023 INDEX WO - ：灿月“丢、、 0 v /'5/2 v 一 3 ‘ 0: 5 " N ,- 盔 FIL "； . XNt ' S.'COUNTY ＾甲 —— 占、 . " TP IYSCEF bL羟．NO. 1 RE6VYVB 狡重sC包V: 06/05/202 ATFOI NEY'S VERIFICATION 、ANDREW DAVIDOW.ESQ an attorne.V duly admitted to practit e before the C'ount of the State.of New York己affirms the following to he true under the penaldos of.perjury:I am an attorney at LAW .0 VICES OF MIC豇AELSS.LAMO1SOFF, ,.attorney・ofrecord for Plaintiff,'NYASRA,BABB. 1 hallo read the.annexed COWL LINT and know・the contents * Fired and ihe qa-rie ate true to my-knowledge.・exceptthoSe haat-es ther in which are Stated to he alleged upon iifozmatiOn and belief. a.nd as to thOse mattett.‘I helieyc tem to be' trae. My beliet•es to those 'matters therein・ ot stated upon- knoWledge,is.based upon facts, records,.and other perdnent:ix fon ation contained in my files. This- verification is made .by me.beeaIse 'Plaintiff, oes ncit xeside..and is n0t presentl r in :伪ec。un・y wherein I-maintain my offiees. Dated: New York.New York r 54 2023 7 bf a FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023 Case 2:23-cv-07161 Document 1-2 Filed 10/18/23 Page 10 of 14 PaaelD #: 15 INDEX NO. 'SI.62E2/2023 (FILED: KINGS. COUNTY CLERK :06 / 0 5/.2023 10:•51 Mill Isirrsctr .1 RECEIVED :NtSCEF: Q6105/2023 fide;,1 S JPREME COURT OF T1-m• STATE OF NEW YORX -COUNTV-OF KINGS NYASHA BAB% P1 intiff1 against' - MICHAELS STORES, INC„. Oefetdatits: WM-MONS AND °COMPLAINT LAW OFFICES OF MICILAELS S. LAMONSOFF, PLLC Attorneysfor Plaintiff Fituarecial Square at.32 Old Slip - 8th FL ,New York, New York,10005 (212) 962-1020 8 of 8 FILED: KINGS COUNTY CLERK 10/18/2023 11:02 AM INDEX NO. 516262/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 10/18/2023 Case 2:23-cv-07761 Document 1-2 Filed 10/18/23 Page 11of 14 PagelD It 16 ,m172Ex NO. .516262/ZO2S NYSCEP :ppc. 'WY_ 2 RECEWBD-NTSCiri 06/05/2022 :SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NOTICE OF NYASIIA BABB, .COMMENCEMENT OF ,ACTION FOR PERSON:4, Plai)itift IN.R.TRIESPURSUANT TO against - CPLR:§306-C MICHAELS STORES, INC.; IndeX SltairZi LY-; Defendant. PLEASE TAKE NOTICE that pur