Preview
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020
NYSCEF DOC. NO. 184 RECEIVED NYSCEF: 06/15/2022
EXHIBIT “A”
EXHIBIT “A”
FILED: NEW YORK COUNTY CLERK 06/15/2022
03/19/2020 06:17
11:21 PM
AM INDEX NO. 152948/2020
NYSCEF DOC. NO. 184
1 RECEIVED NYSCEF: 06/15/2022
03/19/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JOSEPH ITARA and TABETHA ITARA, Index No.:
Plaintiffs, Plaintiffs designate
New York County
as the place of trial
- against -
The basis of venue
is Defendant’s address
MASARYK TOWERS CORPORATION d/b/a
MASARYK TOWERS MANAGEMENT,
SUMMONS
Defendant.
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To the above named Defendant:
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 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 in the
complaint.
Dated: New York, New York
March 19, 2020
Yours, etc.,
BRAND BRAND NOMBERG &
ROSENBAUM, LLP
By: Brett J. Nomberg (electronically signed)
Brett J. Nomberg, Esq.
Attorneys for Plaintiffs
622 3rd Avenue, 7th Floor
New York, New York 10017
(212) 808-0448
Defendants’ address:
MASARYK TOWERS MANAGEMENT
61 Columbia Street
New York, NY 10002
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FILED: NEW YORK COUNTY CLERK 06/15/2022
03/19/2020 06:17
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AM INDEX NO. 152948/2020
NYSCEF DOC. NO. 184
1 RECEIVED NYSCEF: 06/15/2022
03/19/2020
MASARYK TOWERS MANAGEMENT
77 Columbia Street
New York, NY 10002
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AM INDEX NO. 152948/2020
NYSCEF DOC. NO. 184
1 RECEIVED NYSCEF: 06/15/2022
03/19/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JOSEPH ITARA and TABETHA ITARA, Index No.:
Plaintiffs,
- against -
VERIFIED
COMPLAINT
MASARYK TOWERS CORPORATION d/b/a
MASARYK TOWERS MANAGEMENT,
Defendant.
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SIRS:
Plaintiffs, by their attorneys, BRAND BRAND NOMBERG & ROSENBAUM LLP as
and for their Verified Complaint respectfully alleges at all times and upon information and belief
as follows:
AS AND FOR THE FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF JOSEPH ITARA
1. On August 13, 2019, defendant MASARYK TOWERS CORPORATION d/b/a
MASARYK TOWERS MANAGEMENT (hereinafter known as “MASARYK”) was a domestic
corporation duly organized and existing under and by virtue of the State of New York.
2. Defendant MASARYK was a not- for-profit corporation duly organized and existing
under and by virtue of the State of New York.
3. Defendant MASARYK was an incorporated association duly organized and existing
under and by virtue of the State of New York.
4. Defendant MASARYK has a place of business located a 65 Columbia Street, New York,
10002.
5. Defendant MASARYK has a place of business located at 77 Columbia Street, New York
NY 10002.
6. Defendant MASARYK was the owner of the premises located at 65 Columbia Street,
New York NY 10002.
7. 65 Columbia Street, New York NY 10002 is a co-op apartment building.
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FILED: NEW YORK COUNTY CLERK 06/15/2022
03/19/2020 06:17
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AM INDEX NO. 152948/2020
NYSCEF DOC. NO. 184
1 RECEIVED NYSCEF: 06/15/2022
03/19/2020
8. 65 Columbia Street, New York NY 10002 is a co-op apartment building managed by the
defendant MASARYK.
9. Defendant MASARYK maintained the premises located at 65 Columbia Street, New
York, 10002.
10. Defendant MASARYK managed the aforesaid premises.
11. Defendant MASARYK managed the building at 65 Columbia Street, New York NY
10002 pursuant to a written agreement.
12. Defendant MASARYK controlled the aforesaid premises.
13. Defendant MASARYK was responsible for maintaining the aforesaid premises in a
reasonably safe condition for its invitees, including but not limited to the exterior stairways.
14. On August 13, 2019, plaintiff JOSEPH ITARA while lawfully on the aforesaid premises
at 65 Columbia Street, New York, 10002, was walking up the exterior stairs on the roof when he
was caused to fall as a result of a dangerous condition of the stairs, which was a hazard to
traverse, thereby sustaining severe, serious and permanent injuries.
15. The defendant affirmatively caused and created the dangerous and unsafe condition(s) of
the aforesaid premises.
16. The defendant had actual and/or constructive notice of the aforesaid dangerous
conditions.
17. The doctrine of res ipsa loquitur is asserted as the defendant had exclusive control of the
instrumentality of the injury, the incident would not occur in the absence of negligence, and the
plaintiff did not contribute to the accident.
18. Said occurrence was due solely and wholly to the negligence and carelessness of the
defendant in the ownership, management, maintenance and control of the aforesaid premises,
and more particularly, the aforesaid exterior stairway, and in otherwise being careless and
negligent.
19. Said occurrence was due to no fault or lack of due care on the part of the plaintiff
contributing thereto.
20. The limitations of liability set forth in article 16 of the CPLR do not apply to this action
as it is an exception delineated in article 1602(2) of the CPLR.
21. As a result of the foregoing, plaintiff JOSEPH ITARA sustained serious injuries; was
caused to suffer severe physical pain and mental anguish; has been caused to expend and become
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FILED: NEW YORK COUNTY CLERK 06/15/2022
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AM INDEX NO. 152948/2020
NYSCEF DOC. NO. 184
1 RECEIVED NYSCEF: 06/15/2022
03/19/2020
obligated to expend sums of money for medical attention and medication; and has been caused to
lose time and wages from his usual avocation, all to his damage in an amount which exceeds the
jurisdiction of all lower courts.
AS AND FOR THE SECOND CAUSE OF ACTION
ON BEHALF OF PLAINTIFF TABETHA ITARA
22. Plaintiff, TABETHA ITARA, repeats, reiterates and realleges each and every allegation
contained in paragraphs “1” through “21” inclusive with same force and effect as in fully set
forth herein.
23. Plaintiff, TABETHA ITARA, was and remains the lawfully-wedded wife of the plaintiff
JOSEPH ITARA.
24. As a result of foregoing, plaintiff, TABETHA ITARA, was caused to lose the aid,
society, consortium, services and affections of her husband, plaintiff, JOSEPH ITARA, all to her
damage in the amount which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction over this action together with interest, costs and disbursements of
these actions.
WHEREFORE, plaintiffs JOSEPH ITARA and TABETHA ITARA demand judgment
against the defendant, in in the first and second causes of action which exceeds the jurisdictional
limits of all lower courts, together with the costs and disbursements of this action.
Dated: New York, New York
March 19, 2020
Yours, etc.,
BRAND BRAND NOMBERG &
ROSENBAUM, LLP
By: Brett J. Nomberg (electronically signed)
Brett J. Nomberg, Esq.
Attorneys for Plaintiffs
622 3rd Avenue, 7th Floor
New York, New York 10017
(212) 808-0448
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FILED: NEW YORK COUNTY CLERK 06/15/2022
03/19/2020 06:17
11:21 PM
AM INDEX NO. 152948/2020
NYSCEF DOC. NO. 184
1 RECEIVED NYSCEF: 06/15/2022
03/19/2020
ATTORNEY’S VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
BRETT J. NOMBERG, an attorney at law, duly admitted to practice in the Courts of the
State of New York, hereby affirms under the penalties of perjury that:
He is one of the attorneys for plaintiffs in the above - entitled action. That he has read the
foregoing COMPLAINT and knows the contents thereof, and upon information and belief
deponent believes that matters alleged herein to be true.
The reason this Verification is made by deponent and not by the plaintiffs is that the
plaintiff herein resides in a County other than the one in which plaintiffs’ attorneys maintain
their office.
The source of affiant’s information and the grounds of his beliefs are communications,
papers, reports and investigation contained in the file.
Date: New York, New York
March 19, 2020
__ Brett J. Nomberg (electronically signed)
BRETT J. NOMBERG, ESQ.
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Preview
FILED: NEW YORK COUNTY CLERK 06/15/2022 06:17 PM INDEX NO. 152948/2020 NYSCEF DOC. NO. 184 RECEIVED NYSCEF: 06/15/2022 EXHIBIT “A” EXHIBIT “A” FILED: NEW YORK COUNTY CLERK 06/15/2022 03/19/2020 06:17 11:21 PM AM INDEX NO. 152948/2020 NYSCEF DOC. NO. 184 1 RECEIVED NYSCEF: 06/15/2022 03/19/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------X JOSEPH ITARA and TABETHA ITARA, Index No.: Plaintiffs, Plaintiffs designate New York County as the place of trial - against - The basis of venue is Defendant’s address MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS MANAGEMENT, SUMMONS Defendant. -----------------------------------------------------------------------X To the above named Defendant: 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 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 in the complaint. Dated: New York, New York March 19, 2020 Yours, etc., BRAND BRAND NOMBERG & ROSENBAUM, LLP By: Brett J. Nomberg (electronically signed) Brett J. Nomberg, Esq. Attorneys for Plaintiffs 622 3rd Avenue, 7th Floor New York, New York 10017 (212) 808-0448 Defendants’ address: MASARYK TOWERS MANAGEMENT 61 Columbia Street New York, NY 10002 1 of 6 FILED: NEW YORK COUNTY CLERK 06/15/2022 03/19/2020 06:17 11:21 PM AM INDEX NO. 152948/2020 NYSCEF DOC. NO. 184 1 RECEIVED NYSCEF: 06/15/2022 03/19/2020 MASARYK TOWERS MANAGEMENT 77 Columbia Street New York, NY 10002 2 of 6 FILED: NEW YORK COUNTY CLERK 06/15/2022 03/19/2020 06:17 11:21 PM AM INDEX NO. 152948/2020 NYSCEF DOC. NO. 184 1 RECEIVED NYSCEF: 06/15/2022 03/19/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X JOSEPH ITARA and TABETHA ITARA, Index No.: Plaintiffs, - against - VERIFIED COMPLAINT MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS MANAGEMENT, Defendant. -------------------------------------------------------------------X SIRS: Plaintiffs, by their attorneys, BRAND BRAND NOMBERG & ROSENBAUM LLP as and for their Verified Complaint respectfully alleges at all times and upon information and belief as follows: AS AND FOR THE FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF JOSEPH ITARA 1. On August 13, 2019, defendant MASARYK TOWERS CORPORATION d/b/a MASARYK TOWERS MANAGEMENT (hereinafter known as “MASARYK”) was a domestic corporation duly organized and existing under and by virtue of the State of New York. 2. Defendant MASARYK was a not- for-profit corporation duly organized and existing under and by virtue of the State of New York. 3. Defendant MASARYK was an incorporated association duly organized and existing under and by virtue of the State of New York. 4. Defendant MASARYK has a place of business located a 65 Columbia Street, New York, 10002. 5. Defendant MASARYK has a place of business located at 77 Columbia Street, New York NY 10002. 6. Defendant MASARYK was the owner of the premises located at 65 Columbia Street, New York NY 10002. 7. 65 Columbia Street, New York NY 10002 is a co-op apartment building. 3 of 6 FILED: NEW YORK COUNTY CLERK 06/15/2022 03/19/2020 06:17 11:21 PM AM INDEX NO. 152948/2020 NYSCEF DOC. NO. 184 1 RECEIVED NYSCEF: 06/15/2022 03/19/2020 8. 65 Columbia Street, New York NY 10002 is a co-op apartment building managed by the defendant MASARYK. 9. Defendant MASARYK maintained the premises located at 65 Columbia Street, New York, 10002. 10. Defendant MASARYK managed the aforesaid premises. 11. Defendant MASARYK managed the building at 65 Columbia Street, New York NY 10002 pursuant to a written agreement. 12. Defendant MASARYK controlled the aforesaid premises. 13. Defendant MASARYK was responsible for maintaining the aforesaid premises in a reasonably safe condition for its invitees, including but not limited to the exterior stairways. 14. On August 13, 2019, plaintiff JOSEPH ITARA while lawfully on the aforesaid premises at 65 Columbia Street, New York, 10002, was walking up the exterior stairs on the roof when he was caused to fall as a result of a dangerous condition of the stairs, which was a hazard to traverse, thereby sustaining severe, serious and permanent injuries. 15. The defendant affirmatively caused and created the dangerous and unsafe condition(s) of the aforesaid premises. 16. The defendant had actual and/or constructive notice of the aforesaid dangerous conditions. 17. The doctrine of res ipsa loquitur is asserted as the defendant had exclusive control of the instrumentality of the injury, the incident would not occur in the absence of negligence, and the plaintiff did not contribute to the accident. 18. Said occurrence was due solely and wholly to the negligence and carelessness of the defendant in the ownership, management, maintenance and control of the aforesaid premises, and more particularly, the aforesaid exterior stairway, and in otherwise being careless and negligent. 19. Said occurrence was due to no fault or lack of due care on the part of the plaintiff contributing thereto. 20. The limitations of liability set forth in article 16 of the CPLR do not apply to this action as it is an exception delineated in article 1602(2) of the CPLR. 21. As a result of the foregoing, plaintiff JOSEPH ITARA sustained serious injuries; was caused to suffer severe physical pain and mental anguish; has been caused to expend and become 4 of 6 FILED: NEW YORK COUNTY CLERK 06/15/2022 03/19/2020 06:17 11:21 PM AM INDEX NO. 152948/2020 NYSCEF DOC. NO. 184 1 RECEIVED NYSCEF: 06/15/2022 03/19/2020 obligated to expend sums of money for medical attention and medication; and has been caused to lose time and wages from his usual avocation, all to his damage in an amount which exceeds the jurisdiction of all lower courts. AS AND FOR THE SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF TABETHA ITARA 22. Plaintiff, TABETHA ITARA, repeats, reiterates and realleges each and every allegation contained in paragraphs “1” through “21” inclusive with same force and effect as in fully set forth herein. 23. Plaintiff, TABETHA ITARA, was and remains the lawfully-wedded wife of the plaintiff JOSEPH ITARA. 24. As a result of foregoing, plaintiff, TABETHA ITARA, was caused to lose the aid, society, consortium, services and affections of her husband, plaintiff, JOSEPH ITARA, all to her damage in the amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action together with interest, costs and disbursements of these actions. WHEREFORE, plaintiffs JOSEPH ITARA and TABETHA ITARA demand judgment against the defendant, in in the first and second causes of action which exceeds the jurisdictional limits of all lower courts, together with the costs and disbursements of this action. Dated: New York, New York March 19, 2020 Yours, etc., BRAND BRAND NOMBERG & ROSENBAUM, LLP By: Brett J. Nomberg (electronically signed) Brett J. Nomberg, Esq. Attorneys for Plaintiffs 622 3rd Avenue, 7th Floor New York, New York 10017 (212) 808-0448 5 of 6 FILED: NEW YORK COUNTY CLERK 06/15/2022 03/19/2020 06:17 11:21 PM AM INDEX NO. 152948/2020 NYSCEF DOC. NO. 184 1 RECEIVED NYSCEF: 06/15/2022 03/19/2020 ATTORNEY’S VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) BRETT J. NOMBERG, an attorney at law, duly admitted to practice in the Courts of the State of New York, hereby affirms under the penalties of perjury that: He is one of the attorneys for plaintiffs in the above - entitled action. That he has read the foregoing COMPLAINT and knows the contents thereof, and upon information and belief deponent believes that matters alleged herein to be true. The reason this Verification is made by deponent and not by the plaintiffs is that the plaintiff herein resides in a County other than the one in which plaintiffs’ attorneys maintain their office. The source of affiant’s information and the grounds of his beliefs are communications, papers, reports and investigation contained in the file. Date: New York, New York March 19, 2020 __ Brett J. Nomberg (electronically signed) BRETT J. NOMBERG, ESQ. 6 of 6