Preview
FILED: KINGS COUNTY CLERK 01/05/2024 04:17 PM INDEX NO. 500532/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------X Index No.:
GIANFRANCO ELLIOT RAMIREZ GUTIERREZ, Date Purchased:
Plaintiff designates KINGS
Plaintift COUNTY as the place of trial
-against- SUMMONS
DOLLAR TREE STORE MANAGEMENT, INC. and Venue is based on Plaintiff's
DOLLAR TREE STORES, INC., Residence
Plaintiff resides at:
Defendants. 272 Williams Avenue
--------------------------------------------------------------------X Brooklyn, New York 11207
TO THE 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 summons, to serve a notice of
appearance on Plaintiff's Attorney within twenty (20) days after the service of this summons,
exclusive of the day of service (or within thirty (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
January 5, 2024 Yours, etc.,
By: MATT W J. DUELL, ESQ.
THE WARD LAW GROUP, PLLC
Attorneys for Plaintiff
535 Fifth Avenue, Suite 910
New York, New York 10017
(646) 956-2797
Defendants Addresses:
DOLLAR TREE STORE MANAGEMENT, INC.
Building 27 Unit 263
Brooklyn, New York 11205
DOLLAR TREE STORES, INC.
C/O CORPORATION SERVICE COMPANY
80 State Street
Albany, New York 12207
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
________________________-__________________________________________Ç
GIANFRANCO ELLIOT RAMIREZ GUTIERREZ, Index No.:
Plaintiff,
-against- VERIFIED COMPLAINT
DOLLAR TREE STORE MANAGEMENT, INC. and
DOLLAR TREE STORES, INC.,
Defendants.
_____________.._____________________________________________________Ç
Plaintiff by and through her attorneys, THE WARD LAW GROUP, PLLC, complaining
of the defendants above named, allege as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. That at all the times hereinafter mentioned, plaintiff was and still is a resident of the
County of Kings, State of New York.
2. That, upon information and belief, at all the times hereinafter mentioned, defendant,
DOLLAR TREE STORE MANAGEMENT, INC., is a domestic corporation duly organized and
incorporated under and existing by virtue of the laws of the State of New York.
3. That, upon information and belief, at all the times hereinafter mentioned, defendant,
DOLLAR TREE STORE MANAGEMENT, INC., is a foreign corporation duly organized and
incorporated under and existing by virtue of the laws of the State of New York.
4. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE
MANAGEMENT, INC., was and is soliciting and conducting business within the State of New
York.
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5. That at all the times hereinafter mentioned, the DOLLAR TREE STORE
defendant,
MANAGEMENT, INC., and/or its agents. servants, and/or employees were the owner of a
certain real property located at and more commonly known and designated as 340 Granville
Payne Avenue, Brooklyn, New York 11207 (hereinafter the "Premises) with complete dominion
and control of the interior and exterior store space.
6. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE
MANAGEMENT, INC., and/or its agents, servants, and/or employees leased the Premises with
complete dominion and control of the interior and exterior store space.
7. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE
MANAGEMENT, INC., and/or its agents, servants, and/or employees maintained the Premise.
8. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE
MANAGEMENT, INC., and/or its agents, servants, and/or employees controlled the Premises.
9. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE
MANAGEMENT, INC., and/or its agents, servants, and/or employees operated the Premises.
10. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE
MANAGEMENT, INC., and/or its agents, servants, and/or employees supervised the Premises.
11. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE
MANAGEMENT, INC., and/or its agents, servants, and/or employees repaired the Premises.
12. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE
MANAGEMENT, INC., and/or its agents, servants, and/or employees renovated the Premises.
13. That on, prior to, and after July 9, 2023, the defendant, DOLLAR TREE STORE
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MANAGEMENT, INC., and/or its agents, servants, and/or employees had a duty to ensure that
the Premises was free of all hazards such as water and other liquids.
slipping
14. That on, prior to, and after July 9, 2023, the defendant, DOLLAR TREE STORE
MANAGEMENT, INC., and/or its agents, servants, and/or employees had a duty to ensure that
the Premises was free of all slipping hazards such as water and other liquids.
15. That on, prior to, and after July 9, 2023, the defendant, DOLLAR TREE STORE
MANAGEMENT, INC., and/or its agents, servants, and/or employees had a duty to warn all
persons and customers, such as the plaintiff, of all slipping hazards such as water and other
liquids then and there existing on and/or the Premise.
16. On July 9, 2023, the plaintiff was lawfully on and the Premises.
17. That at the aforesaid time and place, while the plaintiff, GIANFRANCO ELLIOT
RAMIREZ GUTIERREZ, was lawfully shopping within the Premises, slowly, carefully, and
exercising the degree of care that a reasonably prudent person would have exercised under the
same conditions, he was caused to be violently precipitated to the floor due to a water/liquid,
causing the slip, lose his balance, and fall to the floor, causing him to sustain severe, grievous,
and permanent personal injuries due to the negligence of the defendant, its agents, servants,
and/or employees.
18. That said occurrence and serious injuries sustained by this plaintiff were occasioned
by and through reason of the negligence of the defendant, its agents, servants, and/or employees
in the ownership, leasing, operation, maintenance, control, supervision, repair, and renovation of
the Premises; in failing to keep water and/or liquid from accumulating in and/or on the Premises;
in causing, allowing, and permitting same to be and remain in a dangerous condition in and/or on
the Premises; in failing to repair the premises; in negligently repairing the Premises: in failing to
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repair the Premises; in negligently repairing the Premises; in negligently the
renovating
Premises; in failing to clean the Premises of water and/or liquid present of the floor in the aisles
near the air conditioning unit; in that the water and/or liquid presented an extreme slipping
hazard to a person, such as the plaintiff, traversing thereat; in failing to give plaintiff any notice
or waming of dangers and hazards then and their existing to the knowledge of the defendant, its
agents, servants, and/or employees; in carelessly and negligently allowing and permitting the
aforesaid condition to exist and remain at a time when the defendant, its agents, servants, and/or
employees knew, or by exercise of reasonable care and caution could have and should have
known, that the said condition existed and was likely to cause the aforesaid occurrence.
19. That by reason of the Premises aforesaid, this plaintiff was rendered sick, sore. lame,
and disabled and his injuries, upon information and belief, are of a permanent character. That by
reason thereof, he has been prevented from following his usual vocation and has been obliged to
incur expenses and obligations for medicines, medical care, medical attention, and medical
treatment and he is informed, and he verily believes, that he will, in the future be obligated to
incur further expenses and obligations for medicines, medical care, medical attention, and
medical treatment and continue to have pain and suffering and be unable to follow his current
vocation, all to his damage in the sum of FIVE MILLION DOLLARS ($5,000,000.00).
AS AND FOR A SECOND CAUSE OF ACTION
20. The plaintiff repeats, reiterates, and realleges each and every allegation contained in
"1" "19"
the paragraphs designated through with the same force and effect as though said
paragraphs were more fully and completely set forth herein at length.
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21. That, upon information and belief, at all the times hereinafter mentioned, defendant,
DOLLAR TREE STORES, INC., is a domestic corporation duly organized and incorporated
under and existing by virtue of the laws of the State of New York.
22. That, upon information and belief, at all the times hereinafter mentioned, defendant,
DOLLAR TREE STORES, INC., is a foreign corporation duly organized and incorporated under
and existing by virtue of the laws of the State of New York.
23. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES,
INC., was and is soliciting and conducting business within the State of New York.
24. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES,
INC., and/or its agents, servants, and/or employees were the owner of a certain real property
located at and more commonly known and designated as 340 Granville Payne Avenue, Brooklyn,
New York 11207 (hereinafter the "Premises) with complete dominion and control of the interior
and exterior store space.
25. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES,
INC., and/or its agents, servants, and/or employees leased the Premises with complete dominion
and control of the interior and exterior store space.
26. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES,
INC., and/or its agents, servants, and/or employees maintained the Premise.
27. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES,
INC., and/or its agents, servants, and/or employees controlled the Premises.
28. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES,
INC., and/or its agents, servants, and/or employees operated the Premises.
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29. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES,
INC., and/or its agents, servants, and/or employees supervised the Premises.
30. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES,
INC., and/or its agents, servants, and/or employees repaired the Premises.
31. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES,
INC., and/or its agents, servants, and/or employees renovated the Premises.
32. That on, prior to, and after July 9, 2023, the defendant, DOLLAR TREE STORES,
INC., and/or its agents, servants, and/or employees had a duty to ensure that the Premises was
free of all slipping hazards such as water and other liquids.
33. That on, prior to, and after July 9, 2023, the defendant, DOLLAR TREE STORES,
INC., and/or its agents. servants, and/or employees had a duty to ensure that the Premises was
free of all slipping hazards such as water and other liquids.
34. That on, prior to, and after July 9, 2023, the defendant, DOLLAR TREE STORES,
INC., and/or its agents, servants, and/or employees had a duty to warn all persons and customers,
such as the plaintiff, of all slipping hazards such as water and other liquids then and there
existing on and/or the Premise.
35. On July 9, 2023, the plaintiff was lawfully on and the Premises.
36. That at the aforesaid time and place, while the plaintiff, GIANFRANCO ELLIOT
RAMIREZ GUTIERREZ, was lawfully shopping within the Premises, slowly, carefully, and
exercising the degree of care that a reasonably prudent person would have exercised under the
same conditions, he was caused to be violently precipitated to the floor due to a water/liquid,
causing the slip, lose his balance, and fall to the floor, causing him to sustain severe, grievous,
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and permanent personal injuries due to the negligence of the defendant, its agents, servants,
and/or employees.
37. That said occurrence and serious injuries sustained by this plaintiff were occasioned
by and through reason of the negligence of the defendant, its agents, servants, and/or employees
in the ownership, leasing, operation, maintenance, control, supervision, repair, and renovation of
the Premises; in failing to keep water and/or liquid from accumulating in and/or on the Premises;
in causing, allowing, and permitting same to be and remain in a dangerous condition in and/or on
the Premises; in failing to repair the premises; in negligently repairing the Premises; in failing to
repair the Premises; in negligently repairing the Premises; in negligently renovating the
Premises; in failing to clean the Premises of water and/or liquid present of the floor in the aisles
near the air conditioning unit; in that the water and/or liquid presented an extreme slipping
hazard to a person, such as the plaintiE, traversing thereat; in failing to give plaintiff any notice
or warning of dangers and hazards then and their existing to the knowledge of the defendant, its
agents, servants, and/or employees; in carelessly and negligently allowing and permitting the
aforesaid condition to exist and remain at a time when the defendant, its agents, servants, and/or
employees knew, or by exercise of reasonable care and caution could have and should have
known, that the said condition existed and was likely to cause the aforesaid occurrence.
38. That by reason of the Premises aforesaid, this plaintiff was rendered sick, sore, lame,
and disabled and his injuries, upon information and belief, are of a permanent character. That by
reason thereof, he has been prevented from following his usual vocation and has been obliged to
incur expenses and obligations for medicines, medical care, medical attention, and medical
treatment and he is informed, and he verily believes, that he will, in the future be obligated to
incur further expenses and obligations for medicines, medical care, medical attention, and
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medical treatment and continue to have pain and suffering and be unable to follow his current
vocation, all to his damage in the sum of FIVE MILLION DOLLARS ($5,000,000.00).
WHEREFORE, the plaintiff demands judgment against the defendants in the sum of
FIVE MILLION DOLLARS ($5,000,000.00) on the First Cause of Action and FIVE MILLION
DOLLARS ($5,000,000.00) on the Second Cause of Action, all together with the cost and
disbursements of this action.
Dated: New York, New York
January 5, 2024
Yours, etc.,
By: MA W J. DUE L, ESQ.
THE WARD LAW GROUP, PLLC
Attorneys for Plaintiff
535 Fifth Avenue, Suite 910
New York, New York 10017
(646) 956-2797
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ATTORNEY VERIFICATION
MATTHEW J. DUEL, ESQ., an attorney admitted to practice law before the Courts of
the State of New York and not a party to the above-entitled action, affirms the following to be
true under the penalties of perjury pursuant to CPLR 2106:
Affirmant is the attorney for the plaintiff and, as such, is fully familiar with the facts of
this matter. I base my knowledge on the file maintained by my office.
Affirmant has read the foregoing Summons and Verified Complaint and knows the
contents thereof to be true to by own knowledge, except as to the matters therein stated be
alleged upon information and belief and, as those matter, I believe them to be true.
This verification is made by the undersigned pursuant to CPLR 3020(d)(3) as the plaintiff
named herein is not located in the County in which the affirmant maintains his office. The
grounds of my belief as to all matters not stated upon my knowledge are based upon
conversations with the plaintiff and a review of the materials relevant to this proceeding.
Dated: New York, New York
January 5, 2024
MATTHEW UELL, ESQ.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------X Index No.:
GIANFRANCO ELLIOT RAMIREZ GUTIERREZ,
Plaintiff,
-against-
DOLLAR TREE STORE MANAGEMENT, INC. and
DOLLAR TREE STORES, INC.,
Defendants.
-------------------------------------------------X
SUMMONS AND VERIFIED COMPLAINT
THE WARD L GROUP, PLLC
535 FIFTH AVENUE, SUITE 910
NEW YORK, NEW YORK 10017
(646) 956-2797
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FILED: KINGS COUNTY CLERK 01/05/2024 04:17 PM INDEX NO. 500532/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------X Index No.: GIANFRANCO ELLIOT RAMIREZ GUTIERREZ, Date Purchased: Plaintiff designates KINGS Plaintift COUNTY as the place of trial -against- SUMMONS DOLLAR TREE STORE MANAGEMENT, INC. and Venue is based on Plaintiff's DOLLAR TREE STORES, INC., Residence Plaintiff resides at: Defendants. 272 Williams Avenue --------------------------------------------------------------------X Brooklyn, New York 11207 TO THE 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 summons, to serve a notice of appearance on Plaintiff's Attorney within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (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 January 5, 2024 Yours, etc., By: MATT W J. DUELL, ESQ. THE WARD LAW GROUP, PLLC Attorneys for Plaintiff 535 Fifth Avenue, Suite 910 New York, New York 10017 (646) 956-2797 Defendants Addresses: DOLLAR TREE STORE MANAGEMENT, INC. Building 27 Unit 263 Brooklyn, New York 11205 DOLLAR TREE STORES, INC. C/O CORPORATION SERVICE COMPANY 80 State Street Albany, New York 12207 1 of 11 FILED: KINGS COUNTY CLERK 01/05/2024 04:17 PM INDEX NO. 500532/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ________________________-__________________________________________Ç GIANFRANCO ELLIOT RAMIREZ GUTIERREZ, Index No.: Plaintiff, -against- VERIFIED COMPLAINT DOLLAR TREE STORE MANAGEMENT, INC. and DOLLAR TREE STORES, INC., Defendants. _____________.._____________________________________________________Ç Plaintiff by and through her attorneys, THE WARD LAW GROUP, PLLC, complaining of the defendants above named, allege as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. That at all the times hereinafter mentioned, plaintiff was and still is a resident of the County of Kings, State of New York. 2. That, upon information and belief, at all the times hereinafter mentioned, defendant, DOLLAR TREE STORE MANAGEMENT, INC., is a domestic corporation duly organized and incorporated under and existing by virtue of the laws of the State of New York. 3. That, upon information and belief, at all the times hereinafter mentioned, defendant, DOLLAR TREE STORE MANAGEMENT, INC., is a foreign corporation duly organized and incorporated under and existing by virtue of the laws of the State of New York. 4. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE MANAGEMENT, INC., was and is soliciting and conducting business within the State of New York. 2 of 11 FILED: KINGS COUNTY CLERK 01/05/2024 04:17 PM INDEX NO. 500532/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 5. That at all the times hereinafter mentioned, the DOLLAR TREE STORE defendant, MANAGEMENT, INC., and/or its agents. servants, and/or employees were the owner of a certain real property located at and more commonly known and designated as 340 Granville Payne Avenue, Brooklyn, New York 11207 (hereinafter the "Premises) with complete dominion and control of the interior and exterior store space. 6. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE MANAGEMENT, INC., and/or its agents, servants, and/or employees leased the Premises with complete dominion and control of the interior and exterior store space. 7. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE MANAGEMENT, INC., and/or its agents, servants, and/or employees maintained the Premise. 8. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE MANAGEMENT, INC., and/or its agents, servants, and/or employees controlled the Premises. 9. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE MANAGEMENT, INC., and/or its agents, servants, and/or employees operated the Premises. 10. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE MANAGEMENT, INC., and/or its agents, servants, and/or employees supervised the Premises. 11. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE MANAGEMENT, INC., and/or its agents, servants, and/or employees repaired the Premises. 12. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORE MANAGEMENT, INC., and/or its agents, servants, and/or employees renovated the Premises. 13. That on, prior to, and after July 9, 2023, the defendant, DOLLAR TREE STORE 3 of 11 FILED: KINGS COUNTY CLERK 01/05/2024 04:17 PM INDEX NO. 500532/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 MANAGEMENT, INC., and/or its agents, servants, and/or employees had a duty to ensure that the Premises was free of all hazards such as water and other liquids. slipping 14. That on, prior to, and after July 9, 2023, the defendant, DOLLAR TREE STORE MANAGEMENT, INC., and/or its agents, servants, and/or employees had a duty to ensure that the Premises was free of all slipping hazards such as water and other liquids. 15. That on, prior to, and after July 9, 2023, the defendant, DOLLAR TREE STORE MANAGEMENT, INC., and/or its agents, servants, and/or employees had a duty to warn all persons and customers, such as the plaintiff, of all slipping hazards such as water and other liquids then and there existing on and/or the Premise. 16. On July 9, 2023, the plaintiff was lawfully on and the Premises. 17. That at the aforesaid time and place, while the plaintiff, GIANFRANCO ELLIOT RAMIREZ GUTIERREZ, was lawfully shopping within the Premises, slowly, carefully, and exercising the degree of care that a reasonably prudent person would have exercised under the same conditions, he was caused to be violently precipitated to the floor due to a water/liquid, causing the slip, lose his balance, and fall to the floor, causing him to sustain severe, grievous, and permanent personal injuries due to the negligence of the defendant, its agents, servants, and/or employees. 18. That said occurrence and serious injuries sustained by this plaintiff were occasioned by and through reason of the negligence of the defendant, its agents, servants, and/or employees in the ownership, leasing, operation, maintenance, control, supervision, repair, and renovation of the Premises; in failing to keep water and/or liquid from accumulating in and/or on the Premises; in causing, allowing, and permitting same to be and remain in a dangerous condition in and/or on the Premises; in failing to repair the premises; in negligently repairing the Premises: in failing to 4 of 11 FILED: KINGS COUNTY CLERK 01/05/2024 04:17 PM INDEX NO. 500532/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 repair the Premises; in negligently repairing the Premises; in negligently the renovating Premises; in failing to clean the Premises of water and/or liquid present of the floor in the aisles near the air conditioning unit; in that the water and/or liquid presented an extreme slipping hazard to a person, such as the plaintiff, traversing thereat; in failing to give plaintiff any notice or waming of dangers and hazards then and their existing to the knowledge of the defendant, its agents, servants, and/or employees; in carelessly and negligently allowing and permitting the aforesaid condition to exist and remain at a time when the defendant, its agents, servants, and/or employees knew, or by exercise of reasonable care and caution could have and should have known, that the said condition existed and was likely to cause the aforesaid occurrence. 19. That by reason of the Premises aforesaid, this plaintiff was rendered sick, sore. lame, and disabled and his injuries, upon information and belief, are of a permanent character. That by reason thereof, he has been prevented from following his usual vocation and has been obliged to incur expenses and obligations for medicines, medical care, medical attention, and medical treatment and he is informed, and he verily believes, that he will, in the future be obligated to incur further expenses and obligations for medicines, medical care, medical attention, and medical treatment and continue to have pain and suffering and be unable to follow his current vocation, all to his damage in the sum of FIVE MILLION DOLLARS ($5,000,000.00). AS AND FOR A SECOND CAUSE OF ACTION 20. The plaintiff repeats, reiterates, and realleges each and every allegation contained in "1" "19" the paragraphs designated through with the same force and effect as though said paragraphs were more fully and completely set forth herein at length. 5 of 11 FILED: KINGS COUNTY CLERK 01/05/2024 04:17 PM INDEX NO. 500532/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 21. That, upon information and belief, at all the times hereinafter mentioned, defendant, DOLLAR TREE STORES, INC., is a domestic corporation duly organized and incorporated under and existing by virtue of the laws of the State of New York. 22. That, upon information and belief, at all the times hereinafter mentioned, defendant, DOLLAR TREE STORES, INC., is a foreign corporation duly organized and incorporated under and existing by virtue of the laws of the State of New York. 23. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES, INC., was and is soliciting and conducting business within the State of New York. 24. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES, INC., and/or its agents, servants, and/or employees were the owner of a certain real property located at and more commonly known and designated as 340 Granville Payne Avenue, Brooklyn, New York 11207 (hereinafter the "Premises) with complete dominion and control of the interior and exterior store space. 25. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES, INC., and/or its agents, servants, and/or employees leased the Premises with complete dominion and control of the interior and exterior store space. 26. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES, INC., and/or its agents, servants, and/or employees maintained the Premise. 27. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES, INC., and/or its agents, servants, and/or employees controlled the Premises. 28. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES, INC., and/or its agents, servants, and/or employees operated the Premises. 6 of 11 FILED: KINGS COUNTY CLERK 01/05/2024 04:17 PM INDEX NO. 500532/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 29. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES, INC., and/or its agents, servants, and/or employees supervised the Premises. 30. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES, INC., and/or its agents, servants, and/or employees repaired the Premises. 31. That at all the times hereinafter mentioned, the defendant, DOLLAR TREE STORES, INC., and/or its agents, servants, and/or employees renovated the Premises. 32. That on, prior to, and after July 9, 2023, the defendant, DOLLAR TREE STORES, INC., and/or its agents, servants, and/or employees had a duty to ensure that the Premises was free of all slipping hazards such as water and other liquids. 33. That on, prior to, and after July 9, 2023, the defendant, DOLLAR TREE STORES, INC., and/or its agents. servants, and/or employees had a duty to ensure that the Premises was free of all slipping hazards such as water and other liquids. 34. That on, prior to, and after July 9, 2023, the defendant, DOLLAR TREE STORES, INC., and/or its agents, servants, and/or employees had a duty to warn all persons and customers, such as the plaintiff, of all slipping hazards such as water and other liquids then and there existing on and/or the Premise. 35. On July 9, 2023, the plaintiff was lawfully on and the Premises. 36. That at the aforesaid time and place, while the plaintiff, GIANFRANCO ELLIOT RAMIREZ GUTIERREZ, was lawfully shopping within the Premises, slowly, carefully, and exercising the degree of care that a reasonably prudent person would have exercised under the same conditions, he was caused to be violently precipitated to the floor due to a water/liquid, causing the slip, lose his balance, and fall to the floor, causing him to sustain severe, grievous, 7 of 11 FILED: KINGS COUNTY CLERK 01/05/2024 04:17 PM INDEX NO. 500532/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 and permanent personal injuries due to the negligence of the defendant, its agents, servants, and/or employees. 37. That said occurrence and serious injuries sustained by this plaintiff were occasioned by and through reason of the negligence of the defendant, its agents, servants, and/or employees in the ownership, leasing, operation, maintenance, control, supervision, repair, and renovation of the Premises; in failing to keep water and/or liquid from accumulating in and/or on the Premises; in causing, allowing, and permitting same to be and remain in a dangerous condition in and/or on the Premises; in failing to repair the premises; in negligently repairing the Premises; in failing to repair the Premises; in negligently repairing the Premises; in negligently renovating the Premises; in failing to clean the Premises of water and/or liquid present of the floor in the aisles near the air conditioning unit; in that the water and/or liquid presented an extreme slipping hazard to a person, such as the plaintiE, traversing thereat; in failing to give plaintiff any notice or warning of dangers and hazards then and their existing to the knowledge of the defendant, its agents, servants, and/or employees; in carelessly and negligently allowing and permitting the aforesaid condition to exist and remain at a time when the defendant, its agents, servants, and/or employees knew, or by exercise of reasonable care and caution could have and should have known, that the said condition existed and was likely to cause the aforesaid occurrence. 38. That by reason of the Premises aforesaid, this plaintiff was rendered sick, sore, lame, and disabled and his injuries, upon information and belief, are of a permanent character. That by reason thereof, he has been prevented from following his usual vocation and has been obliged to incur expenses and obligations for medicines, medical care, medical attention, and medical treatment and he is informed, and he verily believes, that he will, in the future be obligated to incur further expenses and obligations for medicines, medical care, medical attention, and 8 of 11 FILED: KINGS COUNTY CLERK 01/05/2024 04:17 PM INDEX NO. 500532/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 medical treatment and continue to have pain and suffering and be unable to follow his current vocation, all to his damage in the sum of FIVE MILLION DOLLARS ($5,000,000.00). WHEREFORE, the plaintiff demands judgment against the defendants in the sum of FIVE MILLION DOLLARS ($5,000,000.00) on the First Cause of Action and FIVE MILLION DOLLARS ($5,000,000.00) on the Second Cause of Action, all together with the cost and disbursements of this action. Dated: New York, New York January 5, 2024 Yours, etc., By: MA W J. DUE L, ESQ. THE WARD LAW GROUP, PLLC Attorneys for Plaintiff 535 Fifth Avenue, Suite 910 New York, New York 10017 (646) 956-2797 9 of 11 FILED: KINGS COUNTY CLERK 01/05/2024 04:17 PM INDEX NO. 500532/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 ATTORNEY VERIFICATION MATTHEW J. DUEL, ESQ., an attorney admitted to practice law before the Courts of the State of New York and not a party to the above-entitled action, affirms the following to be true under the penalties of perjury pursuant to CPLR 2106: Affirmant is the attorney for the plaintiff and, as such, is fully familiar with the facts of this matter. I base my knowledge on the file maintained by my office. Affirmant has read the foregoing Summons and Verified Complaint and knows the contents thereof to be true to by own knowledge, except as to the matters therein stated be alleged upon information and belief and, as those matter, I believe them to be true. This verification is made by the undersigned pursuant to CPLR 3020(d)(3) as the plaintiff named herein is not located in the County in which the affirmant maintains his office. The grounds of my belief as to all matters not stated upon my knowledge are based upon conversations with the plaintiff and a review of the materials relevant to this proceeding. Dated: New York, New York January 5, 2024 MATTHEW UELL, ESQ. 10 of 11 FILED: KINGS COUNTY CLERK 01/05/2024 04:17 PM INDEX NO. 500532/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------X Index No.: GIANFRANCO ELLIOT RAMIREZ GUTIERREZ, Plaintiff, -against- DOLLAR TREE STORE MANAGEMENT, INC. and DOLLAR TREE STORES, INC., Defendants. -------------------------------------------------X SUMMONS AND VERIFIED COMPLAINT THE WARD L GROUP, PLLC 535 FIFTH AVENUE, SUITE 910 NEW YORK, NEW YORK 10017 (646) 956-2797 11 of 11