Preview
FILED: WESTCHESTER COUNTY CLERK 12/21/2023 10:17 AM INDEX NO. 72466/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2023
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF WESTCHESTER Date Purchased:
----------------------------------------------------------------------X SUMMONS
HASINA ZAMAN,
Plaintiff designates
Plaintiff, Westchester County as the
place of trial.
-against-
Based on location of
HASAN UZ ZAMAN, occurrence:
55 Fairmont Street,
Defendant. Elmsford, NY 10523
______________________________________________________________________Ç
To the above-named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the Plaintiffs attorney(s) 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 manner.
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: Garden City, New York
December 20, 2023
SILBERSTEIN, AWAD & MIKLOS, P.C.
Nicolette Peters, Esq.
Attorney for Plaintiff
HASINA ZAMAN
600 Old Country Road, Suite 505
Garden City, NY 11530
SAM File No.: 3110778
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RIDER TO SUMMONS
DEFENDANT ADDRESS(ES):
Hasan Uz Zaman
37 Dartmouth Terrace
White Plain NY 10607.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
Index No.:
__-----_________________________________________..___..x
HASINA ZAMAN,
VERIFIED
COMPLAINT
-against-
HASAN UZ ZAMAN,
Defendant.
.________..----..------------------.._Ç
Plaintiff, by his attorneys, SILBERSTEIN AWAD & MIKLOS, P.C., complaining of
the Defendants, respectfully alleges, upon information and belief:
1. That at all times herein mentioned, plaintiff, HASINA ZAMAN, was and still is a
resident of the County of Westchester, and State of New York.
2. That at all times herein mentioned, defendant, HASAN UZ ZAMAN, was and still is
a resident of the County of Westchester, and State of New York.
3. That at all times herein relevant, defendant, HASAN UZ ZAMAN, was the owner of
the Premises known as 55 Fairmont Street, Elmsford, NY 10523, County of New York,
State of New York (hereinafter "the Premises").
4. That at all times herein relevant, defendant, HASAN UZ ZAMAN, was the owner of
the building located at the Premises.
5. That at all times herein relevant, defendant, HASAN UZ ZAMAN, was the owner of
the land located at the Premises.
6. That at all times herein relevant, defendant, HASAN UZ ZAMAN, was the lessor of
the Premises.
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7. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, was the sole
lessee of a certain real estate ground lease and conveyance of facilities of the Premises.
8. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, was the sole
lessor of a certain real estate ground lease and conveyance of facilities of the Premises.
9. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, operated the
Premises.
10. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, maintained
the Premises.
11. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, controlled
the Premises.
12. That at all times hereinafter mentioned, defendant, HASAN UZ ZAMAN, managed
the Premises.
13. That at all times hereinafter mentioned, defendant, HASAN UZ ZAMAN, supervised
the Premises.
14. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, repaired the
Premises.
15. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, inspected
the Premises.
16. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, constructed
the Premises.
17. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, rented the
Premises.
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18. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, was the
landlord for the Premises.
19. That at all times herein mentioned, the defendant, their agents, servants and/or
employees caused, created, permitted, and/or allowed a dangerous condition and/or
trap to exist on defendant's premises located at 55 Fairmont Street, Elmsford, NY
10523.
20. That concerning the dangerous condition and/or trap existing at defendant's premises,
said condition was unsafe, ongoing, continuous and hazardous to tenants including the
plaintiff and/or guests of the building.
21. That the defendant, their agents, servants, and/or employees had actual notice of the
aforesaid dangerous condition and/or trap.
22. That at all times herein mentioned, the defendant, its agents, servants, and/or
employees knew or should have known of the aforesaid dangerous condition and/or
trap.
23. That the aforesaid actual and/or constructive notice existed for such a length of time
during which period the defendant, including their agents, servants, and/or employees
had ample time and opportunity to repair, correct, and/or remedy the aforesaid
dangerous condition and/or trap and failed to do such.
24. That the aforesaid actual and/or constructive notice existed for a such a length of time
during which period the defendant, and/or each of them, including their agents,
servants, and/or employees, had ample time and opportunity to warn the public,
including the plaintiff.
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25. That on June 11, 2023, while plaintiff, HASINA ZAMAN, was lawfully on said
premises, she was caused to sustain severe personal and permanent injuries as the result
of a defective, hazardous and unsafe condition on said premises.
26. The aforesaid occurred solely and wholly as a result of the negligence of the defendant
herein, without any negligence on the part of the plaintiff, HASINA ZAMAN,
contributing thereto.
27. That the defendants, their agents, servants and/or employees, were negligent in the
ownership, operation, maintenance and control of the aforesaid premises; were
negligent in causing, allowing and permitting the aforesaid premises to be, become and
remain in a defective and unsafe condition thereby constituting a nuisance, danger,
menace and hazard; in knowing of the defect for a long and unreasonable length of
time; in failing to see that said premises was maintained in an unsafe, improper and
unsuitable condition; in failing and neglecting to remedy the aforesaid dangerous
condition; in causing, creating and permitting an unsafe and hazardous condition to
remain on the interior stairway of the premises; in being careless, reckless andnegligent
in the ownership, operation, maintenance, control, management and supervision of the
aforementioned premises; in failing to properly and timely clean up debris and/or
substances on the interior stairwell of the above-mentioned premises; in failing to warn
tenants, guests, or pedestrians of debris, slippery substance, unsafe, un-level,
dangerous, and trap-like conditions on the interior stairwell; in knowing, causing,
directing, permitting and/or allowing the interior stairwell of the premises to develop
into a dangerous, unsafe, hazardous and trap like condition and to be, become and
remain in such a dangerous, defective and hazardous condition; in failing to take any
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and all care, reasonable steps and/or precautions to safeguard those lawfully using the
said stairwell; in failing to make adequate and timely inspections so as to prevent the
dangerous condition; in failing to properly warn or apprise; in creating and maintaining
a hazard, nuisance and trap; in creating a slipping or falling hazard; in allowing the
interior stairwell to remain defective, dangerous, unsafe and slippery condition; in
failing to permit a proper and safe stairwell; in failing to have a defective-free stairwell;
in failing to warn the public of the dangerous condition; in negligently allowing the
danger to continue without fixing it; in neglecting the stairwell; in failing to use proper
equipment to fix the stairwell; in failing to provide proper equipment to warn the
tenants, guests and the public of the defective stairwell; in failing to warn the public
that the stairwell is hazardous, dangerous, unsafe, slippery, and altogether defective; in
failing to warn tenants that the stairwell may be slippery; in failing to warn tenants of
the slippery and dangerous stairwell; in failing to warn tenants of the dangerous
condition; in negligently permitting and allowing the stairwell to remain slippery,
hazardous, defective and deteriorated; in failing to inspect the stairwell prior to
allowing the public to use said stairwell; in permitting and allowing a defective and
dangerous condition to exist; in negligently and/or improperly maintaining the
premises; in failing to give proper warning; in failing to take any precautions
whatsoever to prevent the occurrence of this accident, although having notice, both
actual and constructive, of the existence of the dangerous and hazardous condition; in
violating the statutes, laws, ordinances and regulations of the City of New York,
County ofNew York, and State ofNew York; and in being otherwise careless, reckless
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and negligent in the ownership, operation, maintenance and control of the aforesaid
premises..
28. That by reason of the foregoing, plaintiff was rendered, sick, sore, lame and disabled,
suffered injuries both internal and external, pain and mental anguish; she was caused
to suffer from pain; was confined to bed and home; was compelled to seek medical care
and attention, and upon information and belief, will in the future be compelled to seek
medical care and attention; and was otherwise injured and damaged.
29. That by reason of the foregoing, plaintiff has sustained damages in a sum which
exceeds the jurisdictional limitation of all lower Courts which would otherwise have
jurisdiction of this action.
WHEREFORE, Plaintiff demands 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.
Dated: Garden City, New York
December 20, 2023
Yours, etc.
SILBERSTEIN, AWAD & MIKLOS, P.C.
Nicolette Peters, Esq.
AttorneyforPlaintiff
HASINA ZAMAN
600 Old Country Road, Suite 505
Garden City, NY 11530
SAM File No.: 3110778
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ATTORNEY'S VERIFICATION
I, the undersigned, an attorney admitted to practice in the Courts of the State of New York,
stated that I am an associate in the firm of SILBERSTEIN, AWAD & MIKLOS, P.C., the attorneys
of record for the plaintiffs in the within action; I have read the foregoing
SUMMONS & VERIFIED COMPLAINT
and know the contents thereof; the same is true to my knowledge, except as to the matters therein
stated to be alleged on information and belief, and as to those matters, I believe them to be true.
The reason this verification is made by me and not by plaintiff is that plaintiff resides in a
County other than the one in which your affirmant maintains her office.
The grounds of my belief as to all matters not stated upon my own knowledge are as
follows: books, records, memoranda, etc. in office file.
I affirm that the foregoing is true, under the penalties of perjury.
Dated: Garden City, New York
December 20, 2023
Nicolette Peters, Esq.
SILBERSTEIN, AWAD & MIKLOS, P.C.
Attorney for Plaintiff
HASINA ZAMAN
600 Old Country Road, Suite 505
Garden City, NY 11530
SAM File No.: 3110778
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Preview
FILED: WESTCHESTER COUNTY CLERK 12/21/2023 10:17 AM INDEX NO. 72466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF WESTCHESTER Date Purchased: ----------------------------------------------------------------------X SUMMONS HASINA ZAMAN, Plaintiff designates Plaintiff, Westchester County as the place of trial. -against- Based on location of HASAN UZ ZAMAN, occurrence: 55 Fairmont Street, Defendant. Elmsford, NY 10523 ______________________________________________________________________Ç To the above-named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiffs attorney(s) 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 manner. 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: Garden City, New York December 20, 2023 SILBERSTEIN, AWAD & MIKLOS, P.C. Nicolette Peters, Esq. Attorney for Plaintiff HASINA ZAMAN 600 Old Country Road, Suite 505 Garden City, NY 11530 SAM File No.: 3110778 1 of 9 FILED: WESTCHESTER COUNTY CLERK 12/21/2023 10:17 AM INDEX NO. 72466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2023 RIDER TO SUMMONS DEFENDANT ADDRESS(ES): Hasan Uz Zaman 37 Dartmouth Terrace White Plain NY 10607. 2 of 9 FILED: WESTCHESTER COUNTY CLERK 12/21/2023 10:17 AM INDEX NO. 72466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER Index No.: __-----_________________________________________..___..x HASINA ZAMAN, VERIFIED COMPLAINT -against- HASAN UZ ZAMAN, Defendant. .________..----..------------------.._Ç Plaintiff, by his attorneys, SILBERSTEIN AWAD & MIKLOS, P.C., complaining of the Defendants, respectfully alleges, upon information and belief: 1. That at all times herein mentioned, plaintiff, HASINA ZAMAN, was and still is a resident of the County of Westchester, and State of New York. 2. That at all times herein mentioned, defendant, HASAN UZ ZAMAN, was and still is a resident of the County of Westchester, and State of New York. 3. That at all times herein relevant, defendant, HASAN UZ ZAMAN, was the owner of the Premises known as 55 Fairmont Street, Elmsford, NY 10523, County of New York, State of New York (hereinafter "the Premises"). 4. That at all times herein relevant, defendant, HASAN UZ ZAMAN, was the owner of the building located at the Premises. 5. That at all times herein relevant, defendant, HASAN UZ ZAMAN, was the owner of the land located at the Premises. 6. That at all times herein relevant, defendant, HASAN UZ ZAMAN, was the lessor of the Premises. 3 of 9 FILED: WESTCHESTER COUNTY CLERK 12/21/2023 10:17 AM INDEX NO. 72466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2023 7. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, was the sole lessee of a certain real estate ground lease and conveyance of facilities of the Premises. 8. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, was the sole lessor of a certain real estate ground lease and conveyance of facilities of the Premises. 9. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, operated the Premises. 10. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, maintained the Premises. 11. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, controlled the Premises. 12. That at all times hereinafter mentioned, defendant, HASAN UZ ZAMAN, managed the Premises. 13. That at all times hereinafter mentioned, defendant, HASAN UZ ZAMAN, supervised the Premises. 14. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, repaired the Premises. 15. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, inspected the Premises. 16. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, constructed the Premises. 17. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, rented the Premises. 4 of 9 FILED: WESTCHESTER COUNTY CLERK 12/21/2023 10:17 AM INDEX NO. 72466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2023 18. That at all times hereinafter mentioned defendant, HASAN UZ ZAMAN, was the landlord for the Premises. 19. That at all times herein mentioned, the defendant, their agents, servants and/or employees caused, created, permitted, and/or allowed a dangerous condition and/or trap to exist on defendant's premises located at 55 Fairmont Street, Elmsford, NY 10523. 20. That concerning the dangerous condition and/or trap existing at defendant's premises, said condition was unsafe, ongoing, continuous and hazardous to tenants including the plaintiff and/or guests of the building. 21. That the defendant, their agents, servants, and/or employees had actual notice of the aforesaid dangerous condition and/or trap. 22. That at all times herein mentioned, the defendant, its agents, servants, and/or employees knew or should have known of the aforesaid dangerous condition and/or trap. 23. That the aforesaid actual and/or constructive notice existed for such a length of time during which period the defendant, including their agents, servants, and/or employees had ample time and opportunity to repair, correct, and/or remedy the aforesaid dangerous condition and/or trap and failed to do such. 24. That the aforesaid actual and/or constructive notice existed for a such a length of time during which period the defendant, and/or each of them, including their agents, servants, and/or employees, had ample time and opportunity to warn the public, including the plaintiff. 5 of 9 FILED: WESTCHESTER COUNTY CLERK 12/21/2023 10:17 AM INDEX NO. 72466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2023 25. That on June 11, 2023, while plaintiff, HASINA ZAMAN, was lawfully on said premises, she was caused to sustain severe personal and permanent injuries as the result of a defective, hazardous and unsafe condition on said premises. 26. The aforesaid occurred solely and wholly as a result of the negligence of the defendant herein, without any negligence on the part of the plaintiff, HASINA ZAMAN, contributing thereto. 27. That the defendants, their agents, servants and/or employees, were negligent in the ownership, operation, maintenance and control of the aforesaid premises; were negligent in causing, allowing and permitting the aforesaid premises to be, become and remain in a defective and unsafe condition thereby constituting a nuisance, danger, menace and hazard; in knowing of the defect for a long and unreasonable length of time; in failing to see that said premises was maintained in an unsafe, improper and unsuitable condition; in failing and neglecting to remedy the aforesaid dangerous condition; in causing, creating and permitting an unsafe and hazardous condition to remain on the interior stairway of the premises; in being careless, reckless andnegligent in the ownership, operation, maintenance, control, management and supervision of the aforementioned premises; in failing to properly and timely clean up debris and/or substances on the interior stairwell of the above-mentioned premises; in failing to warn tenants, guests, or pedestrians of debris, slippery substance, unsafe, un-level, dangerous, and trap-like conditions on the interior stairwell; in knowing, causing, directing, permitting and/or allowing the interior stairwell of the premises to develop into a dangerous, unsafe, hazardous and trap like condition and to be, become and remain in such a dangerous, defective and hazardous condition; in failing to take any 6 of 9 FILED: WESTCHESTER COUNTY CLERK 12/21/2023 10:17 AM INDEX NO. 72466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2023 and all care, reasonable steps and/or precautions to safeguard those lawfully using the said stairwell; in failing to make adequate and timely inspections so as to prevent the dangerous condition; in failing to properly warn or apprise; in creating and maintaining a hazard, nuisance and trap; in creating a slipping or falling hazard; in allowing the interior stairwell to remain defective, dangerous, unsafe and slippery condition; in failing to permit a proper and safe stairwell; in failing to have a defective-free stairwell; in failing to warn the public of the dangerous condition; in negligently allowing the danger to continue without fixing it; in neglecting the stairwell; in failing to use proper equipment to fix the stairwell; in failing to provide proper equipment to warn the tenants, guests and the public of the defective stairwell; in failing to warn the public that the stairwell is hazardous, dangerous, unsafe, slippery, and altogether defective; in failing to warn tenants that the stairwell may be slippery; in failing to warn tenants of the slippery and dangerous stairwell; in failing to warn tenants of the dangerous condition; in negligently permitting and allowing the stairwell to remain slippery, hazardous, defective and deteriorated; in failing to inspect the stairwell prior to allowing the public to use said stairwell; in permitting and allowing a defective and dangerous condition to exist; in negligently and/or improperly maintaining the premises; in failing to give proper warning; in failing to take any precautions whatsoever to prevent the occurrence of this accident, although having notice, both actual and constructive, of the existence of the dangerous and hazardous condition; in violating the statutes, laws, ordinances and regulations of the City of New York, County ofNew York, and State ofNew York; and in being otherwise careless, reckless 7 of 9 FILED: WESTCHESTER COUNTY CLERK 12/21/2023 10:17 AM INDEX NO. 72466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2023 and negligent in the ownership, operation, maintenance and control of the aforesaid premises.. 28. That by reason of the foregoing, plaintiff was rendered, sick, sore, lame and disabled, suffered injuries both internal and external, pain and mental anguish; she was caused to suffer from pain; was confined to bed and home; was compelled to seek medical care and attention, and upon information and belief, will in the future be compelled to seek medical care and attention; and was otherwise injured and damaged. 29. That by reason of the foregoing, plaintiff has sustained damages in a sum which exceeds the jurisdictional limitation of all lower Courts which would otherwise have jurisdiction of this action. WHEREFORE, Plaintiff demands 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. Dated: Garden City, New York December 20, 2023 Yours, etc. SILBERSTEIN, AWAD & MIKLOS, P.C. Nicolette Peters, Esq. AttorneyforPlaintiff HASINA ZAMAN 600 Old Country Road, Suite 505 Garden City, NY 11530 SAM File No.: 3110778 8 of 9 FILED: WESTCHESTER COUNTY CLERK 12/21/2023 10:17 AM INDEX NO. 72466/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/21/2023 ATTORNEY'S VERIFICATION I, the undersigned, an attorney admitted to practice in the Courts of the State of New York, stated that I am an associate in the firm of SILBERSTEIN, AWAD & MIKLOS, P.C., the attorneys of record for the plaintiffs in the within action; I have read the foregoing SUMMONS & VERIFIED COMPLAINT and know the contents thereof; the same is true to my knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters, I believe them to be true. The reason this verification is made by me and not by plaintiff is that plaintiff resides in a County other than the one in which your affirmant maintains her office. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: books, records, memoranda, etc. in office file. I affirm that the foregoing is true, under the penalties of perjury. Dated: Garden City, New York December 20, 2023 Nicolette Peters, Esq. SILBERSTEIN, AWAD & MIKLOS, P.C. Attorney for Plaintiff HASINA ZAMAN 600 Old Country Road, Suite 505 Garden City, NY 11530 SAM File No.: 3110778 9 of 9