Preview
FILED: OSWEGO COUNTY CLERK 03/27/2024 08:29 AM INDEX NO. EFC-2024-0496
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF OSWEGO
HUEL RELLOS, SUMMONS
Plaintiff,
-against- Index No.:
COUNTY OF OSWEGO and ABC CORPORATIONS
(fictitious names, the true identities of which are unknown
by plaintiff at present,
Defendants.
The Plaintiff Designates OSWEGO COUNTY as the Place of Trial.
The Basis of the Venue is PLAINTIFF'S RESIDENCE.
The Plaintiff Resides at 402 SOUTH THIRD STREET, FULTON, OSWEGO
COUNTY, NEW YORK 13069.
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 Plaintiff s attorneys 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 y e to appear or answer,
judgment will be taken against you by default for the relief de de omplaint.
Dated: March 21, 2024
Jeffrey G o eroy, Esq.
GRE D & POM OY, PLLC
Attorneys for Plaintiff
173 Intrepid Lane
Syracuse, New Yo 13205
(315) 492-9665
Defendants'
Address:
County of Oswego
c/o Richard C. Mitchell, Esq.
Oswego County Attorney
46 East Bridge Street
Oswego, NY 13126
ABC Corporations
Addresses unknown
GREENE,REID&POMEROY PLLC
ATTORNEYs AT LAW
173 INTREPID LANE
SYRACUSE, NEW YouK 13205-2538
TEL. No. 315/492-9665
1 of 7
FILED: OSWEGO COUNTY CLERK 03/27/2024 08:29 AM INDEX NO. EFC-2024-0496
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF OSWEGO
HUEL RELLOS, COMPLAINT
Plaintiff,
-against- Index No.:
COUNTY OF OSWEGO and ABC CORPORATIONS
(fictitious names, the true identities of which are unknown
by plaintiff at present,
Defendants.
Plaintiff, by his attorneys Greene Reid & Pomeroy, PLLC, as and for his Complaint against
the defendants, states and alleges as follows:
1. At all times relevant hereto, the plaintiff was and is a resident of Fulton, Oswego
County, New York.
2. Upon information and belief, at all times relevant hereto, the defendant, County of
Oswego, was a municipal corporation created, organized and/or existing by virtue of the laws of the
State of New York, with a principal place of business in the County of Oswego, New York.
3. Upon information and belief, at all times relevant hereto, the defendants, ABC
Corporations (fictitious names, the true identities of which are unknown by plaintiff at present), were
and/or are business organizations organized and/or existing by virtue of State and/or Federal laws,
and/or were authorized to transact, and/or were transacting business, in New York State on and/or
before the date of the incident complained of.
4. The plaintiff timely and properly served a Notice of Claim with regard to the incident
and damages set forth herein upon the defendant, County of Oswego. A copy of the Nocice of Claim
and Affidavit of Service is attached hereto as Exhibit A.
5. That on May 9, 2023, the plaintiff appeared at a 50-h hearing pursuant to notice and
gave testimony pursuant to the Claim herein.
6. That more than thirty days have elapsed since the service of the Notice of Claim and
the defendant has either denied or failed to adjust said claim.
7. This action falls within one or more of the exceptions set forth in CPLR Section 1602.
8. Upon information and belief, at all times relevant hereto, the defendant, County of
Oswego, owned, possessed, occupied, leased, operated, managed, maintained, supervised,
controlled, and/or was otherwise doing business as, the Department of Motor Vehicles located at 200
2nd
North Street, Fulton, Oswego County, New York.
GREENE,REID&POMEROY PLLC
ATTORNEYS AT LAW
173 INTREPID LANE
SYRACUSE, NEW Youn 13205-2538
TEL. No. 315/492-9665
2 of 7
FILED: OSWEGO COUNTY CLERK 03/27/2024 08:29 AM INDEX NO. EFC-2024-0496
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024
9. Upon information and belief, at all times relevant hereto, the defendant, County of
Oswego, its agents, servants and/or employees, was responsible for the operation, management,
maintenance, supervision, care, and/or control of the building and/or exterior premises of the
Department of Motor Vehicles ("DMV").
10. Upon information and belief, at all times relevant hereto, the defendants, ABC
Corporations, were responsible for the maintenance of the building and/or exterior premises of the
DMV, including snow and/or ice removal services.
11. That on January 17, 2023, the plaintiff was a patron of the Department of Motor
Vehicles when he was caused to slip and fall due to ice on the walkway at the entrance/exit of the
Department of Motor Vehicles, suffering severe injuries to his right upper extremity.
AS AND FOR A FIRST CAUSE OF ACTION
AGAINST THE DEFENDANT COUNTY OF OSWEGO
"1" "11"
12. Plaintiff repeats and realleges paragraphs through of his Complaint as if set
forth fully herein and further states and alleges:
13. The defendant, its agents, servants and/or employees, was careless, recldess and/or
negligent in the ownership, possession, occupation, lease, operation, management, maintenance,
control, and/or supervision of the DMV premises, in part by, causing and/or allowing the walkway area
at the entrance/exit of the DMV building to become and remain in a slippery, hazardous, defective,
and/or unsafe condition; failing to remove and/or alleviate the ice accumulation from the walkway area
at the entrance/exit of the DMV building; failing to place sand, salt and/or other melting and/or de-icing
agent on the walkway area; failing to place non-skid mats on the walkway area; failing to inspect the
premises; allowing ice to accumulate on the walkway area; allowing patrons of the DMV, including the
plaintiff, to access the entrance/exit of the DMV with knowledge of the slippery, hazardous and/or
unsafe condition; failing to adequately and/or properly maintain the walkway area; failing to warn or
give notice to patrons of the DMV, including the plaintiff, of the slippery, hazardous and/o unsafe
condition of the walkway area; failing to place signs and/or cones at the area of ice accumulation to
warn of the slippery, hazardous and/or unsafe condition of the walkway area; causing and/or creating a
hazardous and unsafe condition for patrons of the DMV, including the plaintiff, by failing to remove the
ice accumulation and/or place sand, salt and/or a melting and/or de-icing agent and/or non-skid mats on
the walkway area; failing to notify the proper personnel of the slippery, hazardous and/or unsafe
condition of the walkway area and/or of the necessity for the removal of the ice accumulation and/or
placement of sand, salt and/or an ice melting agent and/or non-skid mats; causing, creating and/or
contributing to a slippery, hazardous and/or unsafe condition by allowing melting snow and/or ice
and/or water run-off from the building overhang at the entrance/exit to the DMV to drip, accumulate
and freeze on the walkway area; failing to install gutters or other drainage system to allow for the
proper, adequate and/or safe run-off of melting snow and/or ice and/or water away from the walkway
area at the entrance/exit of the DMV; failing to install gutters or other drainage system to prevent
melting snow and/or ice and/or water run-off from accumulating and freezing on the walkway area at
the entrance/exit to the DMV building; causing, creating and/or contributing to a slippery, hazardous
and/or unsafe condition by the negligent and/or defective design and/or construction of the!walkway
area at the entrance/exit of the DMV building, and/or the negligent and/or defective design, construction
GREENE, REID&,POMEROY PLLC
AŠTORNEYS AT LAW
173 INTREPID IANE
SYRACUSE, NEW YORK 13205-2538
TEL. No.315/492-9665
3 of 7
FILED: OSWEGO COUNTY CLERK 03/27/2024 08:29 AM INDEX NO. EFC-2024-0496
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024
and/or placement of the building overhang; causing, creating and/or contributing to a slippery,
hazardous and/or unsafe condition by the defective, inadequate and/or improper design, construction,
installation, and/or placement of a drainage system at and/or near the entrance/exit of the DMV
building; failing to remove snow and/or ice build-up from the building overhang; failing to address
recurring accumulation and freezing of melting snow and/or ice and/or water run-off on the walkway
area; failing to conduct periodic and/or routine inspections and/or maintenance of the building and
area; failing to implement and/or enforce a policy of regular inspections and preventable
walkway
maintenance of the building and walkway area; failing to notify the proper personnel of the need for
sand, salt and/or other melting and/or de-icing agent, and/or non-skid mats, on the walkway at the
entrance/exit of the DMV building; failing to notify the proper personnel of the melting snow and/or
ice and/or water run-off from the building overhang onto the walkway area; failing to take
reasonable steps and precautions to alleviate the slippery, hazardous, defective, and/or unsafe
condition(s) of the premises; failing to provide a reasonably safe passageway for patrons of the
DMV, including the plaintiff; failing to provide and/or maintain safe accessibility to the premises;
failing to provide and/or maintain a safe and/or clear walkway for persons known to traverse the
premises, including the plaintiff; failing to adhere to and/or follow instructions, directions and/or
recommendations on the proper, safe and/or timely maintenance of the premises, including the
walkway and building; unreasonably exposing the plaintiff to slippery, hazardous, defective, and/or
unsafe condition(s); failing to take timely, adequate and/or necessary precautions toward prevention of
injury to persons known and/or expected to traverse the premises, including the plaintiff; hiring
incompetent, untrained and/or inexperienced staff and personnel to operate, manage, maintain,
supervise, control, and/or oversee the premises; failing to train, instruct and/or direct its agents,
employees, staff, personnel, and/or other persons and/or entities in the proper maintenance of the
premises, including alleviating and/or warning of slippery, hazardous and/or unsafe conditions of the
premises caused by ice accumulation; failing to train, instruct and/or direct its agents, employees,
staff, personnel, and/or other persons and/or entities in the proper and/or timely inspections and/or
maintenance of the premises; failing to properly and/or adequately supervise its agents, employees,
staff, personnel, and/or other persons and/or entities in the proper inspection, maintenance and/or
management of the premises; failing to supervise and/or oversee the premises to ensure proper
management, maintenance and/or care thereof; failing to provide for the safety of persons known
and/or expected to traverse the premises, such as the plaintiff; maintaining the premises in a manner
that was not reasonably safe for DMV patrons; allowing slippery, hazardous, defective, and/or
unsafe condition(s) to exist on the premises for an unreasonable length of time; exposing the plaintiff
to an unreasonable risk of harm; failing to keep members of the public safe, including the plaintiff;
public safety rules and/or expectations; violating the public's right to safety, in luding that
violating
of the plaintiff; needlessly endangering the public, including the plaintiff; causing and/or creating an
unnecessary risk of harm to the public such as the plaintiff by allowing the premises to become and
remain in a slippery, hazardous, defective, and/or unsafe condition; choosing to disregard its duties
and obligations in keeping the public free from injury and harm; creating an unsafe environment for
persons on the premises, including the plaintiff; failing to maintain the premises in
lawfully
accordance with safety codes, rules, laws, ordinances, and/or regulations; violating 2020 New York
State Maintenance Code, Sections 301.2, 302.3, 304.7, and 507.1; and was otherwise careless,
reckless and/or negligent in the ownership, possession, occupation, lease, operation, management,
maintenance, control, supervision, and/or care of the premises.
GREENE,REID&POMEROY PLLC
ATTORNEYS AT LAW
173 INTREPID LANE
SYRACUSE, NEW YonK 13205-2538
TEL. No. 315/492-9665
4 of 7
FILED: OSWEGO COUNTY CLERK 03/27/2024 08:29 AM INDEX NO. EFC-2024-0496
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024
14. Upon information and belief, the defendant created and/or had notice of the slippery,
hazardous, defective, and/or unsafe condition(s) of the premises, including the walkway area and
building overhang, and had ample opportunity to remedy, correct, repair, and/or alleviate the
slippery, hazardous, defective, and/or unsafe condition(s) and failed to do so.
15. That as a direct, sole and proximate cause of the defendant's careless, reckless and/or
negligent conduct, as stated herein, and without any fault on the part of plaintiff contributing thereto,
the plaintiff was caused to and did sustain serious, disabling and permanent injuries, permanent
disabilities and pain and suffering and was caused to incur medical expenses.
16. That the damages, sufferings and losses suffered by the plaintiff are continuing in
nature.
17. By reason of the foregoing, the plaintiff has been injured and damaged in an amount
that exceeds the jurisdictional limits of all lower courts otherwise having jurisdiction over this
matter.
AS AND FOR A SECOND CAUSE OF ACTION
AGAINST ABC CORPORATIONS
"1" "17"
18. Plaintiff repeats and realleges paragraphs through of his Complaint as if set
forth fully herein and further states and alleges:
19. Upon information and belief, the defendants, ABC Corporations, their agents,
servants and/or employees, were responsible for maintaining the premises of the DMV located at
2"d
200 North Street, Fulton, Oswego County, New York, in a safe condition, including elearing the
walkway area to the entrance/exit of the DMV areas of ice and placing melting and/or de-icing
agents on the walkway area to allow a safe passageway for foreseeable users of the property, such as
the plaintiff.
20. The defendants, their agents, servants and/or employees, were careless, reckless
and/or negligent in the maintenance, supervision and/or care of the premises, in part, by maintaining
the in a manner that was not reasonably safe for its foreseeable use; causing, creating and/or
property
to a slippery, hazardous and/or unsafe condition by failing to properly maintain the
contributing
premises; failing to remove and/or alleviate ice accumulation from the walkway area; failing to place
and/or other and/or agents on the to place non-
sand, salt melting de-icing walkway surface; failing
skid mats on the walkway; failing to address recurring ice accumulation on the walkway area; failing to
address snow and ice melt and/or water runoff from the building overhang that would pool
recurring
and freeze on the walkway; failing to remove snow and/or ice away from the walkway area to prevent
snow and ice melt from pooling onto the walkway; failing to conduct periodic and/or routine
inspections and/or maintenance of the premises, including the walkway area; failing to implement,
follow and/or enforce a policy of regular inspections and/or preventative maintenance of the
premises; to implement, follow and/or enforce a policy of de-icing and/or otherwise removing
failing
ice from the walkway area; failing to warn or give notice of the slippery, hazardous and/or unsafe
condition of the walkway area; failing to erect signs and/or cones to warn of the slippery“ hazardous
and/or unsafe condition of the walkway area; allowing a slippery, hazardous and/or unsafe condition
GREENE, REID & POMEROY PLLC
ATFORNEYS AT LAW
173 INTREPID LANE
SYRACUSE, NEW YORK 13205-2538
TEL. NO. 315/492-9665
5 of 7
FILED: OSWEGO COUNTY CLERK 03/27/2024 08:29 AM INDEX NO. EFC-2024-0496
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024
to exist on the premises for an unreasonable length of time; permitting foreseeable users of the
premises, including the plaintiff, to access and use the walkway with knowledge of the slippery,
hazardous and/or unsafe condition of the walkway; permitting foreseeable users of the premises,
including the plaintiff, to access and use the walkway area without appropriate maintenance of the
premises, including ice management and removal services; permitting foreseeable users of the
premises, including the plaintiff, to access and use the walkway without adequate warnings of the
slippery, hazardous and/or unsafe condition; failing to notify and/or instruct the proper personnel of
the necessity for regular and/or ongoing ice removal and/or the placement of sand, salt and/or other
melting and/or de-icing agent and/or non-skid mats on the walkway area; failing to take reasonable
steps and precautions to alleviate the slippery, hazardous and/or unsafe condition of the walkway;
failing to provide a reasonably safe passageway for foreseeable users of the premises, including the
plaintiff; failing to provide and/or maintain safe accessibility to the premises; failing to provide and/or
maintain a safe and/or clear walkway for persons known to traverse the premises, including the
plaintiff; failing to provide, issue, adhere to, and/or follow instructions, directions and/or
recommendations on the proper, safe and/or timely maintenance of the premises, including snow and
ice removal; unreasonably exposing the plaintiff to a slippery, hazardous and/or unsafe condition;
failing to take timely, adequate and/or necessary precautions toward prevention of injury to persons
known and/or expected to traverse the premises, including the plaintiff; hiring and/or contracting with
incompetent, untrained and/or inexperienced agents, staff, personnel, persons,
Preview
FILED: OSWEGO COUNTY CLERK 03/27/2024 08:29 AM INDEX NO. EFC-2024-0496 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF OSWEGO HUEL RELLOS, SUMMONS Plaintiff, -against- Index No.: COUNTY OF OSWEGO and ABC CORPORATIONS (fictitious names, the true identities of which are unknown by plaintiff at present, Defendants. The Plaintiff Designates OSWEGO COUNTY as the Place of Trial. The Basis of the Venue is PLAINTIFF'S RESIDENCE. The Plaintiff Resides at 402 SOUTH THIRD STREET, FULTON, OSWEGO COUNTY, NEW YORK 13069. 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 Plaintiff s attorneys 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 y e to appear or answer, judgment will be taken against you by default for the relief de de omplaint. Dated: March 21, 2024 Jeffrey G o eroy, Esq. GRE D & POM OY, PLLC Attorneys for Plaintiff 173 Intrepid Lane Syracuse, New Yo 13205 (315) 492-9665 Defendants' Address: County of Oswego c/o Richard C. Mitchell, Esq. Oswego County Attorney 46 East Bridge Street Oswego, NY 13126 ABC Corporations Addresses unknown GREENE,REID&POMEROY PLLC ATTORNEYs AT LAW 173 INTREPID LANE SYRACUSE, NEW YouK 13205-2538 TEL. No. 315/492-9665 1 of 7 FILED: OSWEGO COUNTY CLERK 03/27/2024 08:29 AM INDEX NO. EFC-2024-0496 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF OSWEGO HUEL RELLOS, COMPLAINT Plaintiff, -against- Index No.: COUNTY OF OSWEGO and ABC CORPORATIONS (fictitious names, the true identities of which are unknown by plaintiff at present, Defendants. Plaintiff, by his attorneys Greene Reid & Pomeroy, PLLC, as and for his Complaint against the defendants, states and alleges as follows: 1. At all times relevant hereto, the plaintiff was and is a resident of Fulton, Oswego County, New York. 2. Upon information and belief, at all times relevant hereto, the defendant, County of Oswego, was a municipal corporation created, organized and/or existing by virtue of the laws of the State of New York, with a principal place of business in the County of Oswego, New York. 3. Upon information and belief, at all times relevant hereto, the defendants, ABC Corporations (fictitious names, the true identities of which are unknown by plaintiff at present), were and/or are business organizations organized and/or existing by virtue of State and/or Federal laws, and/or were authorized to transact, and/or were transacting business, in New York State on and/or before the date of the incident complained of. 4. The plaintiff timely and properly served a Notice of Claim with regard to the incident and damages set forth herein upon the defendant, County of Oswego. A copy of the Nocice of Claim and Affidavit of Service is attached hereto as Exhibit A. 5. That on May 9, 2023, the plaintiff appeared at a 50-h hearing pursuant to notice and gave testimony pursuant to the Claim herein. 6. That more than thirty days have elapsed since the service of the Notice of Claim and the defendant has either denied or failed to adjust said claim. 7. This action falls within one or more of the exceptions set forth in CPLR Section 1602. 8. Upon information and belief, at all times relevant hereto, the defendant, County of Oswego, owned, possessed, occupied, leased, operated, managed, maintained, supervised, controlled, and/or was otherwise doing business as, the Department of Motor Vehicles located at 200 2nd North Street, Fulton, Oswego County, New York. GREENE,REID&POMEROY PLLC ATTORNEYS AT LAW 173 INTREPID LANE SYRACUSE, NEW Youn 13205-2538 TEL. No. 315/492-9665 2 of 7 FILED: OSWEGO COUNTY CLERK 03/27/2024 08:29 AM INDEX NO. EFC-2024-0496 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 9. Upon information and belief, at all times relevant hereto, the defendant, County of Oswego, its agents, servants and/or employees, was responsible for the operation, management, maintenance, supervision, care, and/or control of the building and/or exterior premises of the Department of Motor Vehicles ("DMV"). 10. Upon information and belief, at all times relevant hereto, the defendants, ABC Corporations, were responsible for the maintenance of the building and/or exterior premises of the DMV, including snow and/or ice removal services. 11. That on January 17, 2023, the plaintiff was a patron of the Department of Motor Vehicles when he was caused to slip and fall due to ice on the walkway at the entrance/exit of the Department of Motor Vehicles, suffering severe injuries to his right upper extremity. AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE DEFENDANT COUNTY OF OSWEGO "1" "11" 12. Plaintiff repeats and realleges paragraphs through of his Complaint as if set forth fully herein and further states and alleges: 13. The defendant, its agents, servants and/or employees, was careless, recldess and/or negligent in the ownership, possession, occupation, lease, operation, management, maintenance, control, and/or supervision of the DMV premises, in part by, causing and/or allowing the walkway area at the entrance/exit of the DMV building to become and remain in a slippery, hazardous, defective, and/or unsafe condition; failing to remove and/or alleviate the ice accumulation from the walkway area at the entrance/exit of the DMV building; failing to place sand, salt and/or other melting and/or de-icing agent on the walkway area; failing to place non-skid mats on the walkway area; failing to inspect the premises; allowing ice to accumulate on the walkway area; allowing patrons of the DMV, including the plaintiff, to access the entrance/exit of the DMV with knowledge of the slippery, hazardous and/or unsafe condition; failing to adequately and/or properly maintain the walkway area; failing to warn or give notice to patrons of the DMV, including the plaintiff, of the slippery, hazardous and/o unsafe condition of the walkway area; failing to place signs and/or cones at the area of ice accumulation to warn of the slippery, hazardous and/or unsafe condition of the walkway area; causing and/or creating a hazardous and unsafe condition for patrons of the DMV, including the plaintiff, by failing to remove the ice accumulation and/or place sand, salt and/or a melting and/or de-icing agent and/or non-skid mats on the walkway area; failing to notify the proper personnel of the slippery, hazardous and/or unsafe condition of the walkway area and/or of the necessity for the removal of the ice accumulation and/or placement of sand, salt and/or an ice melting agent and/or non-skid mats; causing, creating and/or contributing to a slippery, hazardous and/or unsafe condition by allowing melting snow and/or ice and/or water run-off from the building overhang at the entrance/exit to the DMV to drip, accumulate and freeze on the walkway area; failing to install gutters or other drainage system to allow for the proper, adequate and/or safe run-off of melting snow and/or ice and/or water away from the walkway area at the entrance/exit of the DMV; failing to install gutters or other drainage system to prevent melting snow and/or ice and/or water run-off from accumulating and freezing on the walkway area at the entrance/exit to the DMV building; causing, creating and/or contributing to a slippery, hazardous and/or unsafe condition by the negligent and/or defective design and/or construction of the!walkway area at the entrance/exit of the DMV building, and/or the negligent and/or defective design, construction GREENE, REID&,POMEROY PLLC AŠTORNEYS AT LAW 173 INTREPID IANE SYRACUSE, NEW YORK 13205-2538 TEL. No.315/492-9665 3 of 7 FILED: OSWEGO COUNTY CLERK 03/27/2024 08:29 AM INDEX NO. EFC-2024-0496 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 and/or placement of the building overhang; causing, creating and/or contributing to a slippery, hazardous and/or unsafe condition by the defective, inadequate and/or improper design, construction, installation, and/or placement of a drainage system at and/or near the entrance/exit of the DMV building; failing to remove snow and/or ice build-up from the building overhang; failing to address recurring accumulation and freezing of melting snow and/or ice and/or water run-off on the walkway area; failing to conduct periodic and/or routine inspections and/or maintenance of the building and area; failing to implement and/or enforce a policy of regular inspections and preventable walkway maintenance of the building and walkway area; failing to notify the proper personnel of the need for sand, salt and/or other melting and/or de-icing agent, and/or non-skid mats, on the walkway at the entrance/exit of the DMV building; failing to notify the proper personnel of the melting snow and/or ice and/or water run-off from the building overhang onto the walkway area; failing to take reasonable steps and precautions to alleviate the slippery, hazardous, defective, and/or unsafe condition(s) of the premises; failing to provide a reasonably safe passageway for patrons of the DMV, including the plaintiff; failing to provide and/or maintain safe accessibility to the premises; failing to provide and/or maintain a safe and/or clear walkway for persons known to traverse the premises, including the plaintiff; failing to adhere to and/or follow instructions, directions and/or recommendations on the proper, safe and/or timely maintenance of the premises, including the walkway and building; unreasonably exposing the plaintiff to slippery, hazardous, defective, and/or unsafe condition(s); failing to take timely, adequate and/or necessary precautions toward prevention of injury to persons known and/or expected to traverse the premises, including the plaintiff; hiring incompetent, untrained and/or inexperienced staff and personnel to operate, manage, maintain, supervise, control, and/or oversee the premises; failing to train, instruct and/or direct its agents, employees, staff, personnel, and/or other persons and/or entities in the proper maintenance of the premises, including alleviating and/or warning of slippery, hazardous and/or unsafe conditions of the premises caused by ice accumulation; failing to train, instruct and/or direct its agents, employees, staff, personnel, and/or other persons and/or entities in the proper and/or timely inspections and/or maintenance of the premises; failing to properly and/or adequately supervise its agents, employees, staff, personnel, and/or other persons and/or entities in the proper inspection, maintenance and/or management of the premises; failing to supervise and/or oversee the premises to ensure proper management, maintenance and/or care thereof; failing to provide for the safety of persons known and/or expected to traverse the premises, such as the plaintiff; maintaining the premises in a manner that was not reasonably safe for DMV patrons; allowing slippery, hazardous, defective, and/or unsafe condition(s) to exist on the premises for an unreasonable length of time; exposing the plaintiff to an unreasonable risk of harm; failing to keep members of the public safe, including the plaintiff; public safety rules and/or expectations; violating the public's right to safety, in luding that violating of the plaintiff; needlessly endangering the public, including the plaintiff; causing and/or creating an unnecessary risk of harm to the public such as the plaintiff by allowing the premises to become and remain in a slippery, hazardous, defective, and/or unsafe condition; choosing to disregard its duties and obligations in keeping the public free from injury and harm; creating an unsafe environment for persons on the premises, including the plaintiff; failing to maintain the premises in lawfully accordance with safety codes, rules, laws, ordinances, and/or regulations; violating 2020 New York State Maintenance Code, Sections 301.2, 302.3, 304.7, and 507.1; and was otherwise careless, reckless and/or negligent in the ownership, possession, occupation, lease, operation, management, maintenance, control, supervision, and/or care of the premises. GREENE,REID&POMEROY PLLC ATTORNEYS AT LAW 173 INTREPID LANE SYRACUSE, NEW YonK 13205-2538 TEL. No. 315/492-9665 4 of 7 FILED: OSWEGO COUNTY CLERK 03/27/2024 08:29 AM INDEX NO. EFC-2024-0496 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 14. Upon information and belief, the defendant created and/or had notice of the slippery, hazardous, defective, and/or unsafe condition(s) of the premises, including the walkway area and building overhang, and had ample opportunity to remedy, correct, repair, and/or alleviate the slippery, hazardous, defective, and/or unsafe condition(s) and failed to do so. 15. That as a direct, sole and proximate cause of the defendant's careless, reckless and/or negligent conduct, as stated herein, and without any fault on the part of plaintiff contributing thereto, the plaintiff was caused to and did sustain serious, disabling and permanent injuries, permanent disabilities and pain and suffering and was caused to incur medical expenses. 16. That the damages, sufferings and losses suffered by the plaintiff are continuing in nature. 17. By reason of the foregoing, the plaintiff has been injured and damaged in an amount that exceeds the jurisdictional limits of all lower courts otherwise having jurisdiction over this matter. AS AND FOR A SECOND CAUSE OF ACTION AGAINST ABC CORPORATIONS "1" "17" 18. Plaintiff repeats and realleges paragraphs through of his Complaint as if set forth fully herein and further states and alleges: 19. Upon information and belief, the defendants, ABC Corporations, their agents, servants and/or employees, were responsible for maintaining the premises of the DMV located at 2"d 200 North Street, Fulton, Oswego County, New York, in a safe condition, including elearing the walkway area to the entrance/exit of the DMV areas of ice and placing melting and/or de-icing agents on the walkway area to allow a safe passageway for foreseeable users of the property, such as the plaintiff. 20. The defendants, their agents, servants and/or employees, were careless, reckless and/or negligent in the maintenance, supervision and/or care of the premises, in part, by maintaining the in a manner that was not reasonably safe for its foreseeable use; causing, creating and/or property to a slippery, hazardous and/or unsafe condition by failing to properly maintain the contributing premises; failing to remove and/or alleviate ice accumulation from the walkway area; failing to place and/or other and/or agents on the to place non- sand, salt melting de-icing walkway surface; failing skid mats on the walkway; failing to address recurring ice accumulation on the walkway area; failing to address snow and ice melt and/or water runoff from the building overhang that would pool recurring and freeze on the walkway; failing to remove snow and/or ice away from the walkway area to prevent snow and ice melt from pooling onto the walkway; failing to conduct periodic and/or routine inspections and/or maintenance of the premises, including the walkway area; failing to implement, follow and/or enforce a policy of regular inspections and/or preventative maintenance of the premises; to implement, follow and/or enforce a policy of de-icing and/or otherwise removing failing ice from the walkway area; failing to warn or give notice of the slippery, hazardous and/or unsafe condition of the walkway area; failing to erect signs and/or cones to warn of the slippery“ hazardous and/or unsafe condition of the walkway area; allowing a slippery, hazardous and/or unsafe condition GREENE, REID & POMEROY PLLC ATFORNEYS AT LAW 173 INTREPID LANE SYRACUSE, NEW YORK 13205-2538 TEL. NO. 315/492-9665 5 of 7 FILED: OSWEGO COUNTY CLERK 03/27/2024 08:29 AM INDEX NO. EFC-2024-0496 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 to exist on the premises for an unreasonable length of time; permitting foreseeable users of the premises, including the plaintiff, to access and use the walkway with knowledge of the slippery, hazardous and/or unsafe condition of the walkway; permitting foreseeable users of the premises, including the plaintiff, to access and use the walkway area without appropriate maintenance of the premises, including ice management and removal services; permitting foreseeable users of the premises, including the plaintiff, to access and use the walkway without adequate warnings of the slippery, hazardous and/or unsafe condition; failing to notify and/or instruct the proper personnel of the necessity for regular and/or ongoing ice removal and/or the placement of sand, salt and/or other melting and/or de-icing agent and/or non-skid mats on the walkway area; failing to take reasonable steps and precautions to alleviate the slippery, hazardous and/or unsafe condition of the walkway; failing to provide a reasonably safe passageway for foreseeable users of the premises, including the plaintiff; failing to provide and/or maintain safe accessibility to the premises; failing to provide and/or maintain a safe and/or clear walkway for persons known to traverse the premises, including the plaintiff; failing to provide, issue, adhere to, and/or follow instructions, directions and/or recommendations on the proper, safe and/or timely maintenance of the premises, including snow and ice removal; unreasonably exposing the plaintiff to a slippery, hazardous and/or unsafe condition; failing to take timely, adequate and/or necessary precautions toward prevention of injury to persons known and/or expected to traverse the premises, including the plaintiff; hiring and/or contracting with incompetent, untrained and/or inexperienced agents, staff, personnel, persons,