Preview
FILED: QUEENS COUNTY CLERK 03/26/2024 11:17 AM INDEX NO. 706446/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024
SUPREME COURT OF THE STATE OF NEW YORK
Index No.:
COUNTY OF QUEENS
Date Purchased:
-----------------------------------------------------------------Ç
ANDREA ZACARIAS,
SUMMONS
Plaintiff,
Plaintiff designates Queens
-against- as the place of trial.
County
STEPHANIE BORELLY, DANIELA S. The basis of venue is:
BARRETO, MEDI SPA BY STEPH LLC, and Place of Occurrence
HAZEL BLUE PLAZA INC.,
Defendants.
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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 attorneys 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: Brooklyn, New York
March 12, 2024
MEL IE SELEZNYOV, ESQ.
LEVITSKY LAW FIRM
AttorneysforPlaintiff
ANDREA ZACARIAS
3163 Coney Island Avenue, 2nd Floor
Brooklyn, New York 11235
(347) 462-1660
Our File No. DL01181
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To:
STEPHANIE BORELLY
4902 Queens Blvd Floor P4
Woodside, NY 11377
DANIELA S. BARRETO
4902 Queens Blvd Floor P4
Woodside, NY 11377
MEDI SPA BY STEPH LLC
4902 Queens Blvd Floor P4
Woodside, NY 11377
HAZEL BLUE PLAZA INC
C/O IGOR FILKSHTEYN
4911"
45-01 Street
Woodside, NY 11377
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SUPREME COURT OF THE STATE OF NEW YORK
Index No.:
COUNTY OF QUEENS
------,--------· ··---------------------------------------------------X Date Purchased:
ANDREA ZACARIAS,
VERIFIED
Plainti昀昀, COMPLAINT
-against-
STEPHANIE BO刀䔀LLY, DANIELA S.
BARRETO, MEDI SPA BY STEPH LLC, and
HAZEL BLUE PLAZA INC.,
De昀攀ndants.
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Plainti昀昀, ANDREA ZACARIAS, by her atto爀渀eys, LEVITSKY LAW FIRM,
complaining of the De昀攀ndant, respect昀甀lly alleges, upon in昀漀rmation and belief:
AS AND FOR A FIRST CAUSE OF ACTION OF NEGLIGENCE ON BEHALF OF
PLAINTIFF, ANDREA ZACARIAS
1. That the cause of action alleged herein arose in the County of Queens, City and State of
New York.
2. That this action 昀愀lls within one or more of the exceptions set 昀漀rth in CPLR § 1602.
3. That on October 27, 2022, and at all times hereina昀琀er mentioned, De昀攀ndant MEDI SPA
BY STEPH LLC, was and still is a domestic co爀瀀oration, and/or business entity duly
organized and existing under and by virtue of the laws of the State of New York.
4. That on October 27, 2022, 愀渀d at all times hereina昀琀er mentioned, De昀攀ndant MEDI SPA
BY STEPH LLC, was and still is a 昀漀reign corporation, and/or business entity
transacting business within the State of New York and did in 昀愀ct transact business within
the State of New York.
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5. That at all times hereinafter mentioned, Defendant MEDI SPA BY STEPH LLC, was
and still is a sole proprietorship duly organized and existing under and by virtue of the
laws of the State of New York and is doing business in New York.
6. That on October 27, 2022, and at all times hereinafter mentioned, Defendant MEDI
SPA BY STEPH LLC, was and is a business entity duly organized and existing under
and by virtue of the laws of the State of New York.
7. That on October 27, 2022, and at all times hereinafter mentioned, Defendant MEDI SPA
BY STEPH LLC, was and still is a business corporation duly organized and existing
under and by virtue of the laws of the State of New York.
8. That on October 27, 2022, and at all times hereinafter mentioned, Defendant MEDI
SPA BY STEPH LLC, was and is a corporation and/or business entity duly licensed to
transact business in the State of New York.
9. That on October 27, 2022, and at all times hereinafter mentioned, Defendant MEDI
SPA BY STEPH LLC, conducted business and maintained offices within the State of
New York.
10. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL
BLUE PLAZA INC., was and still is a domestic corporation, and/or business entity duly
organized and existing under and by virtue of the laws of the State of New York.
11. That at all times hereinafter mentioned, the Defendant HAZEL BLUE PLAZA INC.,
was and still is a sole proprietorship duly organized and existing under and by virtue of
the laws of the State of New York and is doing business in New York.
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12. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL
BLUE PLAZA INC., was and is a business entity duly organized and existing under and
by virtue of the laws of the State of New York.
13. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL
BLUE PLAZA INC., was and still is a business corporation duly organized and existing
under and by virtue of the laws of the State of New York.
14. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL
BLUE PLAZA INC., was and is a corporation and/or business entity duly licensed to
transact business in the State of New York.
15. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL
BLUE PLAZA INC., conducted business and maintained offices within the State of
New York.
16. That on October 27, 2022, and at all times hereinafter mentioned, the Defendant MEDI
SPA BY STEPH LLC, maintained its principal place of business in the County of New
York, City and State of New York at 4902 Queens Boulevard Floor P4, Woodside, New
York 11377.
17. That on October 27, 2022, and at all times hereinafter mentioned, the Defendant HA ZEL
BLUE PLAZA INC., maintained its principal place of business in the County of New
York, City and State of New York at 4902 Queens Boulevard Floor P4, Woodside, New
York 11377.
18. That on October 27, 2022, and at all times hereinafter mentioned, Defendant MEDI SPA
BY STEPH LLC, committed a tortious act within the State of New York.
19. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL
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BLUE PLAZA INC., committed a tortious act within the State of New York.
20. That on October 27, 2022, and at all times hereinafter mentioned, Defendant MEDI SPA
BY STEPH LLC, regularly does, or solicits, business in the State of New York.
21. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL
BLUE PLAZA INC., regularly does, or solicits, business in the State of New York.
22. That on October 27, 2022, and at all times hereinafter mentioned, Defendant MEDI SPA
BY STEPH LLC, received substantial revenue from goods used or consumed, or
services rendered, in the State of New York.
23. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL
BLUE PLAZA INC., received substantial revenue from goods used or consumed, or
services rendered, in the State of New York.
24. That on October 27, 2022, and at all times hereinafter mentioned, Defendant STEPHANIE
BORELLY was engaged in the business of operating an aesthetic and beauty spa,
LLC."
specializing in laser acne/scar removal, known as and by "MEDI SPA BY STEPH
25. That on October 27, 2022, and at all times hereinafter mentioned, Defendants DANIELA S.
BARRETO was engaged in the business of operating an aesthetic and beauty spa,
LLC."
specializing in laser acne/scar removal, known as and by "MEDI SPA BY STEPH
26. That on October 27, 2022, and at all times hereinafter mentioned, Defendants MEDI SPA
BY STEPH LLC was engaged in the business of operating an aesthetic and beauty spa,
LLC."
specializing in laser acne/scar removal, known as and by "MEDI SPA BY STEPH
27. That on October 27, 2022, and at all times hereinafter mentioned, Defendant STEPHANIE
BORELLY was a technician at the aforesaid laser center and performed laser acne/scar
removal treatments thereat.
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28. That on October 27, 2022, and at all hereinafter mentioned, Defendant STEPHANIE
BORELLY was the owner of MEDI SPA BY STEPH LLC.
29. That on October 27, 2022, and at all times hereinafter mentioned, Defendant STEPHANIE
BORELLY was/still remains an employee at Defendant MEDI SPA BY STEPH LLC.
30. That on October 27, 2022, and at all times hereinafter mentioned, Defendant DANIELA S.
BARRETO was a technician at the aforesaid laser center and performed laser acne/scar
removal treatments thereat.
31. That on October 27, 2022, and at all times hereinafter mentioned, Defendant DANIELA S.
BARRETO was/still remains an employee at Defendant MEDI SPA BY STEPH LLC.
32. That on October 27, 2022, and at all times herein mentioned, Defendant HAZEL BLUE
PLAZA INC., owned the premises, known as 4902 Queens Boulevard Floor P4, County
of New York, on October 27, 2022and at all times herein mentioned, Defendant HAZEL
BLUE PLAZA INC., managed the aforesaid premises.
33. That on October 27, 2022, and at all times herein mentioned, Defendant HAZEL BLUE
PLAZA INC., maintained the aforesaid premises.
34. That on October 27, 2022, and at all times herein mentioned, Defendant HAZEL BLUE
PLAZA INC., controlled the aforesaid premises.
35. That on October 27, 2022, and at all times herein mentioned, Defendant HAZEL BLUE
PLAZA INC., supervised the aforesaid premises.
36. That on October 27, 2022, and at all times herein mentioned, Defendant HAZEL BLUE
PLAZA INC., operated the aforesaid premises.
37. That on October 27, 2022, and at all times herein mentioned, Defendant HAZEL BLUE
PLAZA INC., inspected the aforesaid premises.
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38. That on October 27, 2022, and at all times herein mentioned, Defendant HAZEL BLUE
PLAZA INC., repaired the aforesaid premises.
39. That on October 27, 2022, and at all times herein mentioned, Defendant STEPHANIE
BORELLY was a technician at the aforesaid laser center and performed laser acne scar
removal.
40. That on October 27, 2022, and at all times herein mentioned, Defendant DANIELA S.
BARRETO was a technician at the aforesaid laser center and performed laser acne scar
removal.
41. That on October 27, 2022, and at all times herein mentioned, Defendant MEDI SPA BY
STEPH LLC was engaged and licensed to operate its business offering cosmetic services
including laser treatments, including acne scar removal, to the general public, including
Plaintiff.
42. That on October 27, 2022, and at all times herein mentioned, Defendant MEDI SPA BY
STEPH LLC held themselves out to the general public as a laser acne/scar removal
facility providing laser services.
43. That on October 27, 2022, and at all times herein mentioned, Defendant MEDI SPA BY
STEPH LLC held itself out to the general public as a licensed laser acne/scar removal
facility that employed persons with adequate knowledge and skill to administer certain
acne/scar removal treatments and use reasonable care in the operation of such treatments.
44. That on October 27, 2022, and at all times herein mentioned, Defendant STEPHANIE
BORELLY held herself out to be licensed to perform laser acne/scar removal treatments
to the general public, including Plaintiff.
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45. That on October 27, 2022, and at all times herein mentioned, Defendant STEPHANIE
BORELLY was a licensed aesthetician and held herself out to the public as qualified,
experienced, skilled and competent in that field of work.
46. That on October 27, 2022, and at all times herein mentioned, Defendant STEPHANIE
BORELLY engaged in providing laser removal treatment to the general public,
including to Plaintiff.
47. That on October 27, 2022, and at all times herein mentioned, Defendant STEPHANIE
BORELLY was acting as an employee of and within the scope of her employment with
Defendant MEDI SPA BY STEPH LLC at the time she provided laser acne/scar
removal treatment services to Plaintiff.
48. That on October 27, 2022, and at all times herein mentioned, Defendant DANIELA S.
BARRETO held herself out to be licensed to perform laser acne/scar removal treatments
to the general public, including Plaintiff.
49. That on October 27, 2022, and at all times herein mentioned, Defendant DANIELA S.
BARRETO was a licensed aesthetician and held herself out to the public as qualified,
experienced, skilled and competent in that field of work.
50. That on October 27, 2022, and at all times herein mentioned, Defendant DANIELA S.
BARRETO engaged in providing laser removal treatment to the general public,
including to Plaintiff.
51. That on October 27, 2022, and at all times herein mentioned, Defendants DANIELA S.
BARRETO was acting as am employee of and within the scope of her employment with
Defendants MEDI SPA BY STEPH LLC at the time she provided laser acne/scar
removal treatment services to Plaintiff.
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52. That on October 27, 2022, and at all times herein mentioned, Plaintiff ANDREA
ZACARIAS was a lawful patron at the aforementioned establishment, MEDI SPA BY
STEPH LLC, where she underwent facial laser acne scar removal.
53. That on October 27, 2022, and at all times hereinafter mentioned, the aforesaid laser
equipment and apparatus was under the possession and control of Defendant MEDI SPA
BY STEPH LLC, their servants, agents and/or employees.
54. That on October 27, 2022, and at all times hereinafter mentioned, the aforesaid laser
equipment and apparatus was under the possession and control of Defendant MEDI SPA
BY STEPH LLC, their servants, agents and/or employees.
55. That on October 27, 2022, and at all times hereinafter mentioned, the aforesaid equipment
and apparatus was under the possession and control of Defendant DANIELA S.
BARRETO her servants, agents and/or employees.
56. That on October 27, 2022, and at all times herein mentioned, Defendants agreed and
undertook to skillfully, diligently, carefully and in accordance with manufacturer's
recommendations and the approved and accepted standards of cosmetology practices and
laser treatment practices, to render proper professional care, attention and procedure to their
customers, including Plaintiff.
57. That on October 27, 2022, and at all times herein mentioned, the laser acne/scar removal
treatment the Plaintiff underwent was performed in a dangerous, unsafe, negligent and
reckless manner.
58. That on October 27, 2022, and at all times hereinafter mentioned, Defendants, their
agents, servants, and/or employees caused the aforementioned dangerous, unsafe and
negligent application of the aforementioned laser treatment.
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59. That on October 27, 2022, and at all times hereinafter mentioned, the Defendants failed
to exercise ordinary care to properly handle the laser equipment that presented hidden
danger which defendants knew, or should have known, posed a risk of danger that was
likely to cause injury.
60. That on October 27, 2022, and at all times hereinafter mentioned, the Defendants failed
to exercise ordinary care to warn of conditions that were unsafe and potentially
dangerous which defendants knew, or should have known, in the exercise of ordinary
care, could not have been known to its clients, including Plaintiff.
61. That the Defendants - and/or - or its servants and/or
jointly severally agents, employees,
without any fault or lack of care on the part of the plaintiff contributing thereto, in
rendering laser acne/scar removal treatments to plaintiff in a manner manifesting a lack
of the degree of care, caution and diligence required under the circumstances, in failing to
provide adequate and proper training to its servants, agents and/or employees regarding
the use of the aforesaid equipment; in providing training and supervision to its staff that
was inadequate; in using and permitting the laser acne/scar removal equipment and
apparatus to be used in such fashion so as to constitute an unreasonable risk of harm and
injury to the plaintiff; in failing to properly perform acne/scar removal treatment; in
incorrectly, erroneously and improperly applying the laser to Plaintiff's skin; in failing to
perform a spot check treatment on a small inconspicuous area to determine the
effectiveness of the laser and/or any other preliminary tests; in failing to properly use
and/or calibrate laser acne/scar removal equipment and apparatus; in failing to otherwise
use the proper techniques and methods consistent with industry practices to ensure safety
and well-being of its customers, including Plaintiff; in failing to properly and fully
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evaluate the condition of the plaintiff and determine, set and adjust the manner in which
the laser acne/scar removal treatment was performed; in causing and permitting the
aforesaid equipment to be in a condition of disrepair, in failing to make necessary and
proper repairs thereto; in making repairs, if any, in a negligent and untimely manner; in
failing to give adequate warnings of the dangers involved in the use of the aforesaid laser
acne/scar removal equipment; in failing to obtain proper informed consents; in failing to
know and discover the defective and unreasonably hazardous conditions of the laser
acne/scar removal equipment; in failing to give any notice or warning of the conditions
which existed; in failing to provide adequate and proper safeguards to prevent the
commission of injury to customers at the premises; in engaging in deceptive and
misleading consumer practices; and in failing to reasonably anticipate the contingency
which occurred after having knowledge or notice of the same; and in failing to be
reasonably alert in order to prevent the occurrence.
62. That the aforementioned negligence and resulting injuries to the Plaintiff were caused
solely and wholly as a result of the negligence and carelessness of the Defendants, their
agents, servants, and/or employees, and without any negligence on the part of the
Plaintiff contributing thereto.
63. That on October 27, 2022, and at all times herein mentioned, Plaintiff ANDREA
ZACARIAS was caused to sustain serious and permanent personal injuries including but
not limited to bodily burns, blistering, scabbing, scarring, pain, redness, and significant
hyperpigmentation and has and will continue to scar and worsen.
64. That by reason of the foregoing, the Plaintiff, was injured, was rendered sick, sore, lame
and disabled; was caused to undergo medical treatment and advice; was unable to pursue
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her usual and regular activities; and upon information and belief her injuries are
permanent in nature and effect.
AS AND FOR A SECOND CAUSE OF ACTION UNDER THE DOCTRINE OF RES
IPSA LOQUITOR ON
BEHALF OF PLAINTIFF ANDREA ZACARIAS
Preview
FILED: QUEENS COUNTY CLERK 03/26/2024 11:17 AM INDEX NO. 706446/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF QUEENS Date Purchased: -----------------------------------------------------------------Ç ANDREA ZACARIAS, SUMMONS Plaintiff, Plaintiff designates Queens -against- as the place of trial. County STEPHANIE BORELLY, DANIELA S. The basis of venue is: BARRETO, MEDI SPA BY STEPH LLC, and Place of Occurrence HAZEL BLUE PLAZA INC., Defendants. ----------------------------------------------------------X 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 attorneys 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: Brooklyn, New York March 12, 2024 MEL IE SELEZNYOV, ESQ. LEVITSKY LAW FIRM AttorneysforPlaintiff ANDREA ZACARIAS 3163 Coney Island Avenue, 2nd Floor Brooklyn, New York 11235 (347) 462-1660 Our File No. DL01181 1 of 18 FILED: QUEENS COUNTY CLERK 03/26/2024 11:17 AM INDEX NO. 706446/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 To: STEPHANIE BORELLY 4902 Queens Blvd Floor P4 Woodside, NY 11377 DANIELA S. BARRETO 4902 Queens Blvd Floor P4 Woodside, NY 11377 MEDI SPA BY STEPH LLC 4902 Queens Blvd Floor P4 Woodside, NY 11377 HAZEL BLUE PLAZA INC C/O IGOR FILKSHTEYN 4911" 45-01 Street Woodside, NY 11377 2 of 18 FILED: QUEENS COUNTY CLERK 03/26/2024 11:17 AM INDEX NO. 706446/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF QUEENS ------,--------· ··---------------------------------------------------X Date Purchased: ANDREA ZACARIAS, VERIFIED Plainti昀昀, COMPLAINT -against- STEPHANIE BO刀䔀LLY, DANIELA S. BARRETO, MEDI SPA BY STEPH LLC, and HAZEL BLUE PLAZA INC., De昀攀ndants. -------------------------------------------------------------------X Plainti昀昀, ANDREA ZACARIAS, by her atto爀渀eys, LEVITSKY LAW FIRM, complaining of the De昀攀ndant, respect昀甀lly alleges, upon in昀漀rmation and belief: AS AND FOR A FIRST CAUSE OF ACTION OF NEGLIGENCE ON BEHALF OF PLAINTIFF, ANDREA ZACARIAS 1. That the cause of action alleged herein arose in the County of Queens, City and State of New York. 2. That this action 昀愀lls within one or more of the exceptions set 昀漀rth in CPLR § 1602. 3. That on October 27, 2022, and at all times hereina昀琀er mentioned, De昀攀ndant MEDI SPA BY STEPH LLC, was and still is a domestic co爀瀀oration, and/or business entity duly organized and existing under and by virtue of the laws of the State of New York. 4. That on October 27, 2022, 愀渀d at all times hereina昀琀er mentioned, De昀攀ndant MEDI SPA BY STEPH LLC, was and still is a 昀漀reign corporation, and/or business entity transacting business within the State of New York and did in 昀愀ct transact business within the State of New York. 3 of 18 FILED: QUEENS COUNTY CLERK 03/26/2024 11:17 AM INDEX NO. 706446/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 5. That at all times hereinafter mentioned, Defendant MEDI SPA BY STEPH LLC, was and still is a sole proprietorship duly organized and existing under and by virtue of the laws of the State of New York and is doing business in New York. 6. That on October 27, 2022, and at all times hereinafter mentioned, Defendant MEDI SPA BY STEPH LLC, was and is a business entity duly organized and existing under and by virtue of the laws of the State of New York. 7. That on October 27, 2022, and at all times hereinafter mentioned, Defendant MEDI SPA BY STEPH LLC, was and still is a business corporation duly organized and existing under and by virtue of the laws of the State of New York. 8. That on October 27, 2022, and at all times hereinafter mentioned, Defendant MEDI SPA BY STEPH LLC, was and is a corporation and/or business entity duly licensed to transact business in the State of New York. 9. That on October 27, 2022, and at all times hereinafter mentioned, Defendant MEDI SPA BY STEPH LLC, conducted business and maintained offices within the State of New York. 10. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL BLUE PLAZA INC., was and still is a domestic corporation, and/or business entity duly organized and existing under and by virtue of the laws of the State of New York. 11. That at all times hereinafter mentioned, the Defendant HAZEL BLUE PLAZA INC., was and still is a sole proprietorship duly organized and existing under and by virtue of the laws of the State of New York and is doing business in New York. 4 of 18 FILED: QUEENS COUNTY CLERK 03/26/2024 11:17 AM INDEX NO. 706446/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 12. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL BLUE PLAZA INC., was and is a business entity duly organized and existing under and by virtue of the laws of the State of New York. 13. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL BLUE PLAZA INC., was and still is a business corporation duly organized and existing under and by virtue of the laws of the State of New York. 14. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL BLUE PLAZA INC., was and is a corporation and/or business entity duly licensed to transact business in the State of New York. 15. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL BLUE PLAZA INC., conducted business and maintained offices within the State of New York. 16. That on October 27, 2022, and at all times hereinafter mentioned, the Defendant MEDI SPA BY STEPH LLC, maintained its principal place of business in the County of New York, City and State of New York at 4902 Queens Boulevard Floor P4, Woodside, New York 11377. 17. That on October 27, 2022, and at all times hereinafter mentioned, the Defendant HA ZEL BLUE PLAZA INC., maintained its principal place of business in the County of New York, City and State of New York at 4902 Queens Boulevard Floor P4, Woodside, New York 11377. 18. That on October 27, 2022, and at all times hereinafter mentioned, Defendant MEDI SPA BY STEPH LLC, committed a tortious act within the State of New York. 19. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL 5 of 18 FILED: QUEENS COUNTY CLERK 03/26/2024 11:17 AM INDEX NO. 706446/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 BLUE PLAZA INC., committed a tortious act within the State of New York. 20. That on October 27, 2022, and at all times hereinafter mentioned, Defendant MEDI SPA BY STEPH LLC, regularly does, or solicits, business in the State of New York. 21. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL BLUE PLAZA INC., regularly does, or solicits, business in the State of New York. 22. That on October 27, 2022, and at all times hereinafter mentioned, Defendant MEDI SPA BY STEPH LLC, received substantial revenue from goods used or consumed, or services rendered, in the State of New York. 23. That on October 27, 2022, and at all times hereinafter mentioned, Defendant HAZEL BLUE PLAZA INC., received substantial revenue from goods used or consumed, or services rendered, in the State of New York. 24. That on October 27, 2022, and at all times hereinafter mentioned, Defendant STEPHANIE BORELLY was engaged in the business of operating an aesthetic and beauty spa, LLC." specializing in laser acne/scar removal, known as and by "MEDI SPA BY STEPH 25. That on October 27, 2022, and at all times hereinafter mentioned, Defendants DANIELA S. BARRETO was engaged in the business of operating an aesthetic and beauty spa, LLC." specializing in laser acne/scar removal, known as and by "MEDI SPA BY STEPH 26. That on October 27, 2022, and at all times hereinafter mentioned, Defendants MEDI SPA BY STEPH LLC was engaged in the business of operating an aesthetic and beauty spa, LLC." specializing in laser acne/scar removal, known as and by "MEDI SPA BY STEPH 27. That on October 27, 2022, and at all times hereinafter mentioned, Defendant STEPHANIE BORELLY was a technician at the aforesaid laser center and performed laser acne/scar removal treatments thereat. 6 of 18 FILED: QUEENS COUNTY CLERK 03/26/2024 11:17 AM INDEX NO. 706446/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 28. That on October 27, 2022, and at all hereinafter mentioned, Defendant STEPHANIE BORELLY was the owner of MEDI SPA BY STEPH LLC. 29. That on October 27, 2022, and at all times hereinafter mentioned, Defendant STEPHANIE BORELLY was/still remains an employee at Defendant MEDI SPA BY STEPH LLC. 30. That on October 27, 2022, and at all times hereinafter mentioned, Defendant DANIELA S. BARRETO was a technician at the aforesaid laser center and performed laser acne/scar removal treatments thereat. 31. That on October 27, 2022, and at all times hereinafter mentioned, Defendant DANIELA S. BARRETO was/still remains an employee at Defendant MEDI SPA BY STEPH LLC. 32. That on October 27, 2022, and at all times herein mentioned, Defendant HAZEL BLUE PLAZA INC., owned the premises, known as 4902 Queens Boulevard Floor P4, County of New York, on October 27, 2022and at all times herein mentioned, Defendant HAZEL BLUE PLAZA INC., managed the aforesaid premises. 33. That on October 27, 2022, and at all times herein mentioned, Defendant HAZEL BLUE PLAZA INC., maintained the aforesaid premises. 34. That on October 27, 2022, and at all times herein mentioned, Defendant HAZEL BLUE PLAZA INC., controlled the aforesaid premises. 35. That on October 27, 2022, and at all times herein mentioned, Defendant HAZEL BLUE PLAZA INC., supervised the aforesaid premises. 36. That on October 27, 2022, and at all times herein mentioned, Defendant HAZEL BLUE PLAZA INC., operated the aforesaid premises. 37. That on October 27, 2022, and at all times herein mentioned, Defendant HAZEL BLUE PLAZA INC., inspected the aforesaid premises. 7 of 18 FILED: QUEENS COUNTY CLERK 03/26/2024 11:17 AM INDEX NO. 706446/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 38. That on October 27, 2022, and at all times herein mentioned, Defendant HAZEL BLUE PLAZA INC., repaired the aforesaid premises. 39. That on October 27, 2022, and at all times herein mentioned, Defendant STEPHANIE BORELLY was a technician at the aforesaid laser center and performed laser acne scar removal. 40. That on October 27, 2022, and at all times herein mentioned, Defendant DANIELA S. BARRETO was a technician at the aforesaid laser center and performed laser acne scar removal. 41. That on October 27, 2022, and at all times herein mentioned, Defendant MEDI SPA BY STEPH LLC was engaged and licensed to operate its business offering cosmetic services including laser treatments, including acne scar removal, to the general public, including Plaintiff. 42. That on October 27, 2022, and at all times herein mentioned, Defendant MEDI SPA BY STEPH LLC held themselves out to the general public as a laser acne/scar removal facility providing laser services. 43. That on October 27, 2022, and at all times herein mentioned, Defendant MEDI SPA BY STEPH LLC held itself out to the general public as a licensed laser acne/scar removal facility that employed persons with adequate knowledge and skill to administer certain acne/scar removal treatments and use reasonable care in the operation of such treatments. 44. That on October 27, 2022, and at all times herein mentioned, Defendant STEPHANIE BORELLY held herself out to be licensed to perform laser acne/scar removal treatments to the general public, including Plaintiff. 8 of 18 FILED: QUEENS COUNTY CLERK 03/26/2024 11:17 AM INDEX NO. 706446/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 45. That on October 27, 2022, and at all times herein mentioned, Defendant STEPHANIE BORELLY was a licensed aesthetician and held herself out to the public as qualified, experienced, skilled and competent in that field of work. 46. That on October 27, 2022, and at all times herein mentioned, Defendant STEPHANIE BORELLY engaged in providing laser removal treatment to the general public, including to Plaintiff. 47. That on October 27, 2022, and at all times herein mentioned, Defendant STEPHANIE BORELLY was acting as an employee of and within the scope of her employment with Defendant MEDI SPA BY STEPH LLC at the time she provided laser acne/scar removal treatment services to Plaintiff. 48. That on October 27, 2022, and at all times herein mentioned, Defendant DANIELA S. BARRETO held herself out to be licensed to perform laser acne/scar removal treatments to the general public, including Plaintiff. 49. That on October 27, 2022, and at all times herein mentioned, Defendant DANIELA S. BARRETO was a licensed aesthetician and held herself out to the public as qualified, experienced, skilled and competent in that field of work. 50. That on October 27, 2022, and at all times herein mentioned, Defendant DANIELA S. BARRETO engaged in providing laser removal treatment to the general public, including to Plaintiff. 51. That on October 27, 2022, and at all times herein mentioned, Defendants DANIELA S. BARRETO was acting as am employee of and within the scope of her employment with Defendants MEDI SPA BY STEPH LLC at the time she provided laser acne/scar removal treatment services to Plaintiff. 9 of 18 FILED: QUEENS COUNTY CLERK 03/26/2024 11:17 AM INDEX NO. 706446/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 52. That on October 27, 2022, and at all times herein mentioned, Plaintiff ANDREA ZACARIAS was a lawful patron at the aforementioned establishment, MEDI SPA BY STEPH LLC, where she underwent facial laser acne scar removal. 53. That on October 27, 2022, and at all times hereinafter mentioned, the aforesaid laser equipment and apparatus was under the possession and control of Defendant MEDI SPA BY STEPH LLC, their servants, agents and/or employees. 54. That on October 27, 2022, and at all times hereinafter mentioned, the aforesaid laser equipment and apparatus was under the possession and control of Defendant MEDI SPA BY STEPH LLC, their servants, agents and/or employees. 55. That on October 27, 2022, and at all times hereinafter mentioned, the aforesaid equipment and apparatus was under the possession and control of Defendant DANIELA S. BARRETO her servants, agents and/or employees. 56. That on October 27, 2022, and at all times herein mentioned, Defendants agreed and undertook to skillfully, diligently, carefully and in accordance with manufacturer's recommendations and the approved and accepted standards of cosmetology practices and laser treatment practices, to render proper professional care, attention and procedure to their customers, including Plaintiff. 57. That on October 27, 2022, and at all times herein mentioned, the laser acne/scar removal treatment the Plaintiff underwent was performed in a dangerous, unsafe, negligent and reckless manner. 58. That on October 27, 2022, and at all times hereinafter mentioned, Defendants, their agents, servants, and/or employees caused the aforementioned dangerous, unsafe and negligent application of the aforementioned laser treatment. 10 of 18 FILED: QUEENS COUNTY CLERK 03/26/2024 11:17 AM INDEX NO. 706446/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 59. That on October 27, 2022, and at all times hereinafter mentioned, the Defendants failed to exercise ordinary care to properly handle the laser equipment that presented hidden danger which defendants knew, or should have known, posed a risk of danger that was likely to cause injury. 60. That on October 27, 2022, and at all times hereinafter mentioned, the Defendants failed to exercise ordinary care to warn of conditions that were unsafe and potentially dangerous which defendants knew, or should have known, in the exercise of ordinary care, could not have been known to its clients, including Plaintiff. 61. That the Defendants - and/or - or its servants and/or jointly severally agents, employees, without any fault or lack of care on the part of the plaintiff contributing thereto, in rendering laser acne/scar removal treatments to plaintiff in a manner manifesting a lack of the degree of care, caution and diligence required under the circumstances, in failing to provide adequate and proper training to its servants, agents and/or employees regarding the use of the aforesaid equipment; in providing training and supervision to its staff that was inadequate; in using and permitting the laser acne/scar removal equipment and apparatus to be used in such fashion so as to constitute an unreasonable risk of harm and injury to the plaintiff; in failing to properly perform acne/scar removal treatment; in incorrectly, erroneously and improperly applying the laser to Plaintiff's skin; in failing to perform a spot check treatment on a small inconspicuous area to determine the effectiveness of the laser and/or any other preliminary tests; in failing to properly use and/or calibrate laser acne/scar removal equipment and apparatus; in failing to otherwise use the proper techniques and methods consistent with industry practices to ensure safety and well-being of its customers, including Plaintiff; in failing to properly and fully 11 of 18 FILED: QUEENS COUNTY CLERK 03/26/2024 11:17 AM INDEX NO. 706446/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 evaluate the condition of the plaintiff and determine, set and adjust the manner in which the laser acne/scar removal treatment was performed; in causing and permitting the aforesaid equipment to be in a condition of disrepair, in failing to make necessary and proper repairs thereto; in making repairs, if any, in a negligent and untimely manner; in failing to give adequate warnings of the dangers involved in the use of the aforesaid laser acne/scar removal equipment; in failing to obtain proper informed consents; in failing to know and discover the defective and unreasonably hazardous conditions of the laser acne/scar removal equipment; in failing to give any notice or warning of the conditions which existed; in failing to provide adequate and proper safeguards to prevent the commission of injury to customers at the premises; in engaging in deceptive and misleading consumer practices; and in failing to reasonably anticipate the contingency which occurred after having knowledge or notice of the same; and in failing to be reasonably alert in order to prevent the occurrence. 62. That the aforementioned negligence and resulting injuries to the Plaintiff were caused solely and wholly as a result of the negligence and carelessness of the Defendants, their agents, servants, and/or employees, and without any negligence on the part of the Plaintiff contributing thereto. 63. That on October 27, 2022, and at all times herein mentioned, Plaintiff ANDREA ZACARIAS was caused to sustain serious and permanent personal injuries including but not limited to bodily burns, blistering, scabbing, scarring, pain, redness, and significant hyperpigmentation and has and will continue to scar and worsen. 64. That by reason of the foregoing, the Plaintiff, was injured, was rendered sick, sore, lame and disabled; was caused to undergo medical treatment and advice; was unable to pursue 12 of 18 FILED: QUEENS COUNTY CLERK 03/26/2024 11:17 AM INDEX NO. 706446/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2024 her usual and regular activities; and upon information and belief her injuries are permanent in nature and effect. AS AND FOR A SECOND CAUSE OF ACTION UNDER THE DOCTRINE OF RES IPSA LOQUITOR ON BEHALF OF PLAINTIFF ANDREA ZACARIAS