Preview
FILED: NASSAU COUNTY CLERK 02/01/2024 04:59 PM INDEX NO. 601941/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF NASSAU Date Filed:
------------------------------------------------X Plaintiff(s) designate(s) the County
PHYLLIS McCULLOUGH of NASSAU as the place of trial
Plaintiff, The basis of venue is
Plaintiff's place of
-against- residence.
SUMMONS
Plaintiff's address: 171 Catherine
EDWARD W. POWERS, Public Administrator, as the Street, Westbury, N.Y. 11590
Proposed Administrator of the Estate of CURLINE
JENNINGS SMITH, Deceased, and GEORGE
ANTHONY HOWELL, Individually and
as the Sole Distributee of the Estate of CURLINE
JENNINGS SMITH, and GEORGE ANTHONY
HOWELL, as the Proposed Administrator
of the Estate of CURLINE JENNINGS SMITH,
Deceased and JOHN DOE as the Proposed Administrator
of the Estate of CURLINE JENNINGS SMITH,
Deceased.
Defendants.
_______________________________Ç
To the above named Defendant(s)
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 with 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: Mineola, New York
February 1, 2024 Yours, etc.
By: William D. Shanahan, Esq.
The Law Office of William D. Shanahan
Attorney for Plaintiff
114 Old Country Road, Suite 200
Defendants'
Last Known Address: Mineola, New York 11501
George Anthony Howell 516-535-2500
606 Broadway
Westbuty, New York 11590
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Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice in the
court of New York State, certifies that upon information and belief and reasonable inquiry that
the contentions contained in the annexed document are not frivolous.
William D. Shanahan, ESQ
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------X Index No.:
PHYLLIS McCULLOUGH,
Plaintiffs,
-against-
VERIFIED COMPLAINT
EDWARD W. POWERS, Public Administrator, as the
Proposed Administrator of the Estate of CURLINE
JENNINGS SMITH, Deceased, and GEORGE
ANTHONY HOWELL, Individually and
as the Sole Distributee of the Estate of CURLINE
JENNINGS SMITH, and GEORGE ANTHONY
HOWELL, as the Proposed Administrator
of the Estate of CURLINE JENNINGS SMITH,
Deceased and JOHN DOE as the Proposed Administrator
of the Estate of CURLINE JENNINGS SMITH,
Deceased.
Defendants.
--------------------------------------------------X
Plaintiff, PHYLLIS McCULLOUGH, by and through her attorney, The Law Office of
William D. Shanahan, as and for his Verified Complaint, respectfully alleges, upon information and
belief, the following:
1. At all times hereinafter mentioned, PHYLLIS McCULLOUGH, was and still is a
resident of Nassau County, State of New York.
2. That upon information and belief, at all times herein mentioned, Defendant,
GEORGE ANTHONY HOWELL, was and still is a resident of Nassau County, State of New York.
3. That upon information and belief, at all times herein mentioned, Defendant,
GEORGE ANTHONY HOWELL, was the owner of the residence located at 171 Catherine Street
Westbury, New York 11590.
4. At all times relevant herein, the Defendant, GEORGE ANTHONY HOWELL
maintained the property located at 171 Catherine Street, Westbury, New York 11590.
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5. At all times relevant herein, on February 7, 2021, there was ramp at the prope1ty
located at 171 Catherine Street, Westbury, New York 11590 that was negligently maintained on the
, Defendant's GEORGE ANTHONY HOWELL's propelty.
6. That upon information and belief, at all times herein mentioned, on February 7,
2021, the Defendant, GEORGE ANTHONY HOWELL, owned the aforesaid property located at
171 Catherine Street, Westbury, New York 11590 and its surrounding areas.
7. That upon information and belief, at all times herein mentioned, on February 7,
2021, the Defendant, GEORGE ANTHONY HOWELL, operated the property located at 171
Catherine Street, Westbury, New York 11590 and its surrounding areas.
8. That upon information and belief, at all times herein mentioned, on February 7, 2021
the Defendant, GEORGE ANTHONY HOWELL, maintained the property located at 171 Catherine
Street, Westbury, New York 11590 and its surrounding areas.
9. That upon information and belief, at all times herein mentioned, on February 7,
2021, the Defendants, GEORGE ANTHONY HOWELL, controlled the property located at 171
Catherine Street, Westbury, New York 11590 and its surrounding areas
10. That upon information and belief, at all times herein mentioned, on February 7,
2021, CURLINE JENNINGS SMITH was the lawful resident and owner in equity of the property
located at 171 Catherine Street, Westbury, New York 11590.
11. That upon information and belief, at all times herein mentioned, on February 7,
2021, CURLINE JENNINGS SMITH was the beneficiary of a constructive trust of the p1operty
located at 171 Catherine Street, Westbury, New York 11590, titled in the name of George Anthony
Howell and held by him as a constructive trust for the benefit of his mother, CURLINE JENNINGS
SMITH.
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12. That upon information and belief, at all times herein mentioned, on 7,
February
2021, CURLINE JENNINGS SMITH was the policy holder of a certain home owner's insurance
policy issued by the Travelers Insurance Company.
13. That such policy on February 7, 2021 was in good standing and effective and paid
by the policy holder, CURLINE JENNNGS SMITH, and her son, GEORGE ANTHONY
HOWELL.
14. That upon information and belief, at all times herein mentioned, on February 7,
2021, the Defendant, CURLINE JENNINGS SMITH, operated the property located at 171
Catherine Street, Westbury, New York 11590 and its surrounding areas.
15. That upon information and belief, at all times herein mentioned, on February 7, 2021
the Defendant, CURLINE JENNINGS SMITH, maintained the property located at 171 Catherine
Street, Westbury, New York 11590 and its surrounding areas.
, 16. That upon information and belief, at all times herein mentioned, on February 7,
2021, the Defendants, CURLINE JENNINGS SMITH, controlled the property located at 171
Catherine Street, Westbury, New York 11590 and its surrounding areas.
17. That at some time after February 7, 2021, CURLINE JENNINGS SMITH passed
away leaving her son, George Anthony Howell as the sole Distributee of her estate.
18. That on information and belief CURLINE JENNINGS SMITH died intestate and no
administrator was ever appointed.
19. On February 7, 2021, the Plaintiff, PHYLLIS McCULLOUGH, was a lawful
resident at the aforesaid location.
20. On February 7, 2021, while the Plaintiff, PHYLLIS McCULLOUGH, was walking
slowly, carefully, and exercising that degree of care for his own safety that a reasonably prudent
person would have exercised under the same circumstances at the aforesaid location, was caused to
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fall due to a negligently maintained ramp existing at the aforementioned location, and which was
built by CURLINE JENNINGS SMITH, and for her benefit.
21. On February 7, 2021, due to the occurrence, Plaintiff, PHYLLIS McCULL OUGH,
sustained severe and serious personal injuries,
22. The above-mentioned occurrence, and the results themof, were caused wholly and
solely by the negligence of the Defendants, GEORGE ANTHONY HOWELL, and CURLINE
JENNINGS SMITH and/or said Defendant's agents, servants, employees and/or licensees in the
ownership, operation, management, maintenance and control of the aforesaid area where the ramp
was maintained; and Defendant was otherwise negligent, careless and reckless.
23. The Defendants maintained the aforementioned premises in such a dangerous
condition to persons lawfully using same and it constituted a menace and dangerous condition to
Plaintiff and others and knew, or by exercise of due care, should have known of the dangerous
condition and nuisance aforementioned.
24. Upon information and belief, the Defendants, GEORGE ANTHONY HOWELL and
CURLINE JENNINGS SMITH had actual or constructive notice of the defective condition.
25, The negligence of the aforesaid Defendants were the proximate cause of the accident
herein and Plaintiff in no way contributed thereto.
26. The foregoing occurrence was caused solely and wholly as a result of the negligence
of the above-named Defendants without any fault or negligence on the part of the Plaintiff, in any
way contributing thereto.
27. As a result of the foregoing, Plaintiff, PHYLLIS McCULLOUGH, was caused to
sustain injuries and to have suffered pain, shock and mental anguish, that these injuries will be
permanent; and as a result of said injuries, Plaintiff has been caused to incur and will continue to
incur expenses for medical care and attention; and, as a further result, Plaintiff was and continues to
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be rendered unable to perform Plaintiff's normal activities and duties and has sustained a resultant
loss therefrom.
28. Upon information and belief, this action falls within one or more of the exceptions to
CPLR Article 16.
29. As a result of the foregoing, the Plaintiff, PHYLLIS McCULLOUGH, has been
damaged in the sum to be determined by the trier of fact.
30. The amount demanded exceeds the jurisdictional limits of all lower courts.
WHEREFORE, the Plaintiff demands judgment against the Defendants in amounts that
exceed the jurisdictional limits of all lower courts which would otherwise have jurisdiction herein,
together with the costs and disbursements of this action and such other, further and different relief as
this Honorable Court deems just and proper.
Dated: Mineola, New York
February 1, 2024 Yours, etc.
By: William D. Shanahan
The Law Office of William D. Shanahan
Attorney for Plaintiff
114 Old Country Road, Suite 200
Mineola, New York 11501
516-535-2500
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------X Index No.:
PHYLLIS McCULLOUGH,
Plaintiff,
' -against-
EDWARD W. POWERS, Public Administrator, as the
Proposed Administrator of the Estate of CURLINE
JENNINGS SMITH, Deceased, and GEORGE
ANTHONY HOWELL, Individually and
as the Sole Distributee of the Estate of CURLINE
JENNINGS SMITH, and GEORGE ANTHONY
HOWELL, as the Proposed Administrator
of the Estate of CURLINE JENNINGS SMITH,
Deceased and JOHN DOE as the Proposed Administrator
of the Estate of CURLINE JENNINGS SMITH,
Deceased.
_____________..____________________.--------X
STATE OF NEW YORK )
COUNTY OF NASSAU )
PHYLLIS McCULLOUGH, being duly sworn, deposes and says:
L Deponent is the Plaintiff in the within action;
2. Deponent has read the foregoing Verified Complaint and knows the contents
thereof;
3. The same is true to the deponent's own knowledge except as to the matters themin
stated to be alleged upon information and belief, d as to those matters, deponent
believes same to be true.
PIfY LIS McCULLOUGH
Sworn to before me this ay
/ WWAM DAVID SHANAHAN
of February, 2024 Pubtlo, State of New York
Notary
Reg,No. 02SH6115476
QueMed in Queens County
Commission Expires Oct. 11, 202
My
NOTARY
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Index No.: Year 2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
PHYLLIS McCULLOUGH,
Plaintiff(s),
-against-
. EDWARD W, POWERS, Public Administrator, as the
Proposed Administrator of the Estate of CURLINE
JENNINGS SMITH, Deceased and
GEORGE ANTHONY HOWELL, Individually and
as the Sole Distribute of the
Estate of CURLINE JENNINGS SMITH and
JOHN DOE as the Proposed Administrator
of the Estate of CURLINE JENNINGS SMITH,
Deceased.
Defendant(s).
SUMMONS AND VERIFIED COMPLAINT
WILLIAM D. SHANAHAN, P.C.
Attorney for Plaintiff(s)
114 Old Country Rd., Suite 200
Mineola, New York 11501
(516) 535-2500
Wshannylaw@gmail.com
TO:
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice in the court
of New York State, certifies that upon information and belief and reasonable inquiry that the
contentions contained in the annexed document are not frivolous.
Dated: Feb. 1, 2024 Signature:
WILLIAM D. SHANAHAN, ESQ.
t
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Preview
FILED: NASSAU COUNTY CLERK 02/01/2024 04:59 PM INDEX NO. 601941/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NASSAU Date Filed: ------------------------------------------------X Plaintiff(s) designate(s) the County PHYLLIS McCULLOUGH of NASSAU as the place of trial Plaintiff, The basis of venue is Plaintiff's place of -against- residence. SUMMONS Plaintiff's address: 171 Catherine EDWARD W. POWERS, Public Administrator, as the Street, Westbury, N.Y. 11590 Proposed Administrator of the Estate of CURLINE JENNINGS SMITH, Deceased, and GEORGE ANTHONY HOWELL, Individually and as the Sole Distributee of the Estate of CURLINE JENNINGS SMITH, and GEORGE ANTHONY HOWELL, as the Proposed Administrator of the Estate of CURLINE JENNINGS SMITH, Deceased and JOHN DOE as the Proposed Administrator of the Estate of CURLINE JENNINGS SMITH, Deceased. Defendants. _______________________________Ç To the above named Defendant(s) 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 with 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: Mineola, New York February 1, 2024 Yours, etc. By: William D. Shanahan, Esq. The Law Office of William D. Shanahan Attorney for Plaintiff 114 Old Country Road, Suite 200 Defendants' Last Known Address: Mineola, New York 11501 George Anthony Howell 516-535-2500 606 Broadway Westbuty, New York 11590 1 of 9 FILED: NASSAU COUNTY CLERK 02/01/2024 04:59 PM INDEX NO. 601941/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice in the court of New York State, certifies that upon information and belief and reasonable inquiry that the contentions contained in the annexed document are not frivolous. William D. Shanahan, ESQ 2 of 9 FILED: NASSAU COUNTY CLERK 02/01/2024 04:59 PM INDEX NO. 601941/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------X Index No.: PHYLLIS McCULLOUGH, Plaintiffs, -against- VERIFIED COMPLAINT EDWARD W. POWERS, Public Administrator, as the Proposed Administrator of the Estate of CURLINE JENNINGS SMITH, Deceased, and GEORGE ANTHONY HOWELL, Individually and as the Sole Distributee of the Estate of CURLINE JENNINGS SMITH, and GEORGE ANTHONY HOWELL, as the Proposed Administrator of the Estate of CURLINE JENNINGS SMITH, Deceased and JOHN DOE as the Proposed Administrator of the Estate of CURLINE JENNINGS SMITH, Deceased. Defendants. --------------------------------------------------X Plaintiff, PHYLLIS McCULLOUGH, by and through her attorney, The Law Office of William D. Shanahan, as and for his Verified Complaint, respectfully alleges, upon information and belief, the following: 1. At all times hereinafter mentioned, PHYLLIS McCULLOUGH, was and still is a resident of Nassau County, State of New York. 2. That upon information and belief, at all times herein mentioned, Defendant, GEORGE ANTHONY HOWELL, was and still is a resident of Nassau County, State of New York. 3. That upon information and belief, at all times herein mentioned, Defendant, GEORGE ANTHONY HOWELL, was the owner of the residence located at 171 Catherine Street Westbury, New York 11590. 4. At all times relevant herein, the Defendant, GEORGE ANTHONY HOWELL maintained the property located at 171 Catherine Street, Westbury, New York 11590. 3 of 9 FILED: NASSAU COUNTY CLERK 02/01/2024 04:59 PM INDEX NO. 601941/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 5. At all times relevant herein, on February 7, 2021, there was ramp at the prope1ty located at 171 Catherine Street, Westbury, New York 11590 that was negligently maintained on the , Defendant's GEORGE ANTHONY HOWELL's propelty. 6. That upon information and belief, at all times herein mentioned, on February 7, 2021, the Defendant, GEORGE ANTHONY HOWELL, owned the aforesaid property located at 171 Catherine Street, Westbury, New York 11590 and its surrounding areas. 7. That upon information and belief, at all times herein mentioned, on February 7, 2021, the Defendant, GEORGE ANTHONY HOWELL, operated the property located at 171 Catherine Street, Westbury, New York 11590 and its surrounding areas. 8. That upon information and belief, at all times herein mentioned, on February 7, 2021 the Defendant, GEORGE ANTHONY HOWELL, maintained the property located at 171 Catherine Street, Westbury, New York 11590 and its surrounding areas. 9. That upon information and belief, at all times herein mentioned, on February 7, 2021, the Defendants, GEORGE ANTHONY HOWELL, controlled the property located at 171 Catherine Street, Westbury, New York 11590 and its surrounding areas 10. That upon information and belief, at all times herein mentioned, on February 7, 2021, CURLINE JENNINGS SMITH was the lawful resident and owner in equity of the property located at 171 Catherine Street, Westbury, New York 11590. 11. That upon information and belief, at all times herein mentioned, on February 7, 2021, CURLINE JENNINGS SMITH was the beneficiary of a constructive trust of the p1operty located at 171 Catherine Street, Westbury, New York 11590, titled in the name of George Anthony Howell and held by him as a constructive trust for the benefit of his mother, CURLINE JENNINGS SMITH. 4 of 9 FILED: NASSAU COUNTY CLERK 02/01/2024 04:59 PM INDEX NO. 601941/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 12. That upon information and belief, at all times herein mentioned, on 7, February 2021, CURLINE JENNINGS SMITH was the policy holder of a certain home owner's insurance policy issued by the Travelers Insurance Company. 13. That such policy on February 7, 2021 was in good standing and effective and paid by the policy holder, CURLINE JENNNGS SMITH, and her son, GEORGE ANTHONY HOWELL. 14. That upon information and belief, at all times herein mentioned, on February 7, 2021, the Defendant, CURLINE JENNINGS SMITH, operated the property located at 171 Catherine Street, Westbury, New York 11590 and its surrounding areas. 15. That upon information and belief, at all times herein mentioned, on February 7, 2021 the Defendant, CURLINE JENNINGS SMITH, maintained the property located at 171 Catherine Street, Westbury, New York 11590 and its surrounding areas. , 16. That upon information and belief, at all times herein mentioned, on February 7, 2021, the Defendants, CURLINE JENNINGS SMITH, controlled the property located at 171 Catherine Street, Westbury, New York 11590 and its surrounding areas. 17. That at some time after February 7, 2021, CURLINE JENNINGS SMITH passed away leaving her son, George Anthony Howell as the sole Distributee of her estate. 18. That on information and belief CURLINE JENNINGS SMITH died intestate and no administrator was ever appointed. 19. On February 7, 2021, the Plaintiff, PHYLLIS McCULLOUGH, was a lawful resident at the aforesaid location. 20. On February 7, 2021, while the Plaintiff, PHYLLIS McCULLOUGH, was walking slowly, carefully, and exercising that degree of care for his own safety that a reasonably prudent person would have exercised under the same circumstances at the aforesaid location, was caused to 5 of 9 FILED: NASSAU COUNTY CLERK 02/01/2024 04:59 PM INDEX NO. 601941/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 fall due to a negligently maintained ramp existing at the aforementioned location, and which was built by CURLINE JENNINGS SMITH, and for her benefit. 21. On February 7, 2021, due to the occurrence, Plaintiff, PHYLLIS McCULL OUGH, sustained severe and serious personal injuries, 22. The above-mentioned occurrence, and the results themof, were caused wholly and solely by the negligence of the Defendants, GEORGE ANTHONY HOWELL, and CURLINE JENNINGS SMITH and/or said Defendant's agents, servants, employees and/or licensees in the ownership, operation, management, maintenance and control of the aforesaid area where the ramp was maintained; and Defendant was otherwise negligent, careless and reckless. 23. The Defendants maintained the aforementioned premises in such a dangerous condition to persons lawfully using same and it constituted a menace and dangerous condition to Plaintiff and others and knew, or by exercise of due care, should have known of the dangerous condition and nuisance aforementioned. 24. Upon information and belief, the Defendants, GEORGE ANTHONY HOWELL and CURLINE JENNINGS SMITH had actual or constructive notice of the defective condition. 25, The negligence of the aforesaid Defendants were the proximate cause of the accident herein and Plaintiff in no way contributed thereto. 26. The foregoing occurrence was caused solely and wholly as a result of the negligence of the above-named Defendants without any fault or negligence on the part of the Plaintiff, in any way contributing thereto. 27. As a result of the foregoing, Plaintiff, PHYLLIS McCULLOUGH, was caused to sustain injuries and to have suffered pain, shock and mental anguish, that these injuries will be permanent; and as a result of said injuries, Plaintiff has been caused to incur and will continue to incur expenses for medical care and attention; and, as a further result, Plaintiff was and continues to 6 of 9 FILED: NASSAU COUNTY CLERK 02/01/2024 04:59 PM INDEX NO. 601941/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 be rendered unable to perform Plaintiff's normal activities and duties and has sustained a resultant loss therefrom. 28. Upon information and belief, this action falls within one or more of the exceptions to CPLR Article 16. 29. As a result of the foregoing, the Plaintiff, PHYLLIS McCULLOUGH, has been damaged in the sum to be determined by the trier of fact. 30. The amount demanded exceeds the jurisdictional limits of all lower courts. WHEREFORE, the Plaintiff demands judgment against the Defendants in amounts that exceed the jurisdictional limits of all lower courts which would otherwise have jurisdiction herein, together with the costs and disbursements of this action and such other, further and different relief as this Honorable Court deems just and proper. Dated: Mineola, New York February 1, 2024 Yours, etc. By: William D. Shanahan The Law Office of William D. Shanahan Attorney for Plaintiff 114 Old Country Road, Suite 200 Mineola, New York 11501 516-535-2500 7 of 9 FILED: NASSAU COUNTY CLERK 02/01/2024 04:59 PM INDEX NO. 601941/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------X Index No.: PHYLLIS McCULLOUGH, Plaintiff, ' -against- EDWARD W. POWERS, Public Administrator, as the Proposed Administrator of the Estate of CURLINE JENNINGS SMITH, Deceased, and GEORGE ANTHONY HOWELL, Individually and as the Sole Distributee of the Estate of CURLINE JENNINGS SMITH, and GEORGE ANTHONY HOWELL, as the Proposed Administrator of the Estate of CURLINE JENNINGS SMITH, Deceased and JOHN DOE as the Proposed Administrator of the Estate of CURLINE JENNINGS SMITH, Deceased. _____________..____________________.--------X STATE OF NEW YORK ) COUNTY OF NASSAU ) PHYLLIS McCULLOUGH, being duly sworn, deposes and says: L Deponent is the Plaintiff in the within action; 2. Deponent has read the foregoing Verified Complaint and knows the contents thereof; 3. The same is true to the deponent's own knowledge except as to the matters themin stated to be alleged upon information and belief, d as to those matters, deponent believes same to be true. PIfY LIS McCULLOUGH Sworn to before me this ay / WWAM DAVID SHANAHAN of February, 2024 Pubtlo, State of New York Notary Reg,No. 02SH6115476 QueMed in Queens County Commission Expires Oct. 11, 202 My NOTARY 8 of 9 FILED: NASSAU COUNTY CLERK 02/01/2024 04:59 PM INDEX NO. 601941/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/01/2024 Index No.: Year 2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU PHYLLIS McCULLOUGH, Plaintiff(s), -against- . EDWARD W, POWERS, Public Administrator, as the Proposed Administrator of the Estate of CURLINE JENNINGS SMITH, Deceased and GEORGE ANTHONY HOWELL, Individually and as the Sole Distribute of the Estate of CURLINE JENNINGS SMITH and JOHN DOE as the Proposed Administrator of the Estate of CURLINE JENNINGS SMITH, Deceased. Defendant(s). SUMMONS AND VERIFIED COMPLAINT WILLIAM D. SHANAHAN, P.C. Attorney for Plaintiff(s) 114 Old Country Rd., Suite 200 Mineola, New York 11501 (516) 535-2500 Wshannylaw@gmail.com TO: Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice in the court of New York State, certifies that upon information and belief and reasonable inquiry that the contentions contained in the annexed document are not frivolous. Dated: Feb. 1, 2024 Signature: WILLIAM D. SHANAHAN, ESQ. t 9 of 9