Preview
FILED: KINGS COUNTY CLERK 03/27/2024 04:42 PM INDEX NO. 508765/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_____________________________________________________ Filed:_____________
RAMEL WARNER, INDEX NO.
Plaintiff, Plaintiff designates Kings
County as the place of trial.
-against-
SUMMONS
285 MACDONOUGH RESIDENCES, LLC and TRI-HILL
MANAGEMENT LLC, The basis of venue is
the County in which the
Defendants. cause of action arose.
_____________________________________________________
To the above-named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer on the plaintiff's attorneys within 20 days after the service of this
summons, exclusive of the day of service of this summons, or within 30 days after service of this
summons is complete if this summons is not personally delivered to you within the State of New
York.
In case of your failure to answer this summons, a judgment by default will be taken
against you for the relief demanded in the complaint, together with the costs of this action.
Dated: New York, New York
March 27, 2024
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street
Fourteenth Floor
New York, New York 10038
(212) 227-5000
285 MACDONOUGH RESIDENCES, LLC
256 West 116 Street, 2nd Floor
New York, New York 10026
TRI-HILL MANAGEMENT LLC
22 West 21 Street, 10th floor
New York, New York 10010
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------X
RAMEL WARNER, Index No.:
Plaintiff,
VERIFIED COMPLAINT
-against-
285 MACDONOUGH RESIDENCES, LLC and TRI-HILL
MANAGEMENT LLC,
Defendants.
-----------------------------------------------------------------------------X
Plaintiff, by his attorneys, ASHER & ASSOCIATES, P.C., as and for his Verified
Complaint, respectfully alleges, upon information and belief:
1. The plaintiff, RAMEL WARNER, at all times herein mentioned was and still is a
resident of the County of Kings and the State of New York.
2. The defendant 285 MACDONOUGH RESIDENCES, LLC, at all times herein
mentioned, was and still is a corporation organized and existing under the laws of the State of
New York.
3. The defendant, 285 MACDONOUGH RESIDENCES, LLC, at all times herein
mentioned was and still is a limited liability corporation doing business in the County of New
York and the State of New York.
4. The defendant TRI-HILL MANAGEMENT LLC, at all times herein mentioned, was
and still is a corporation organized and existing under the laws of the State of New York.
5. The defendant, TRI-HILL MANAGEMENT LLC, at all times herein mentioned was
and still is a limited liability corporation doing business in the County of New York and the State
of New York.
6. On February 1, 2024, RAMEL WARNER was lawfully upon defendants' premises.
7. On February 1, 2024, the premises located at 285 McDonough Street, Brooklyn, New
York was a multiple dwelling as defined by the Multiple Dwelling Law of the State of New
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York.
8. On February 1, 2024, the premises located at 285 McDonough Street, Brooklyn, New
York was occupied as the residence of at least three families living independently of one another.
9. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC
owned the premises located at 285 McDonough Street, Brooklyn, New York.
10. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC was
one of the owners of the premises located at 285 McDonough Street, Brooklyn, New York.
11. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC was
a lessee of the premises located at 285 McDonough Street, Brooklyn, New York.
12. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC,
defendant's servants, agents and/or employees operated the premises located at 285 McDonough
Street, Brooklyn, New York.
13. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC,
defendant's servants, agents and/or employees maintained the premises located at 285
McDonough Street, Brooklyn, New York.
14. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC,
defendant's servants, agents and/or employees managed the premises located at 285 McDonough
Street, Brooklyn, New York.
15. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC,
defendant's servants, agents and/or employees controlled the premises located at 285
McDonough Street, Brooklyn, New York.
16. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC,
defendant's servants, agents and/or employees supervised the premises located at 285
McDonough Street, Brooklyn, New York.
17. On or before February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES,
2
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LLC, defendant's servants, agents and/or employees repaired the premises located at 285
McDonough Street, Brooklyn, New York.
18. On or before February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES,
LLC, defendant's servants, agents and/or employees inspected the premises located at 285
McDonough Street, Brooklyn, New York.
19. On or before February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES,
LLC, defendant's servants, agents and/or employees constructed the premises located at 285
McDonough Street, Brooklyn, New York.
20. On or before February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES,
LLC, defendant's servants, agents and/or employees designed the premises located at 285
McDonough Street, Brooklyn, New York.
21. On February 1, 2024, it was the duty of the defendant 285 MACDONOUGH
RESIDENCES, LLC, defendant's servants, agents and/or employees to maintain said premises
located at 285 McDonough Street, Brooklyn, New York, in a reasonably safe and suitable
condition and in good repair.
22. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC owned the
premises located at 285 McDonough Street, Brooklyn, New York.
23. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC was one of
the owners of the premises located at 285 McDonough Street, Brooklyn, New York.
24. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC was a lessee
of the premises located at 285 McDonough Street, Brooklyn, New York.
25. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC, defendant's
servants, agents and/or employees operated the premises located at 285 McDonough Street,
Brooklyn, New York.
26. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC, defendant's
3
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servants, agents and/or employees maintained the premises located at 285 McDonough Street,
Brooklyn, New York.
27. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC, defendant's
servants, agents and/or employees managed the premises located at 285 McDonough Street,
Brooklyn, New York.
28. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC, defendant's
servants, agents and/or employees controlled the premises located at 285 McDonough Street,
Brooklyn, New York.
29. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC, defendant's
servants, agents and/or employees supervised the premises located at 285 McDonough Street,
Brooklyn, New York.
30. On or before February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC,
defendant's servants, agents and/or employees repaired the premises located at 285 McDonough
Street, Brooklyn, New York.
31. On or before February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC,
defendant's servants, agents and/or employees inspected the premises located at 285 McDonough
Street, Brooklyn, New York.
32. On or before February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC,
defendant's servants, agents and/or employees constructed the premises located at 285
McDonough Street, Brooklyn, New York.
33. On or before February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC,
defendant's servants, agents and/or employees designed the premises located at 285 McDonough
Street, Brooklyn, New York.
34. On February 1, 2024, it was the duty of the defendant TRI-HILL MANAGEMENT
LLC, defendant's servants, agents and/or employees to maintain said premises located at 285
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McDonough Street, Brooklyn, New York, in a reasonably safe and suitable condition and in
good repair.
35. On February 1, 2024, while plaintiff was lawfully traversing the sidewalk adjacent to
the afore-described premises he was caused to trip and fall due to a dangerous and defective
condition existing thereat.
36. On February 1, 2024, while plaintiff was lawfully traversing as afore-described he was
caused to sustain severe and protracted personal injuries.
37. On February 1, 2024, while plaintiff was lawfully on the aforementioned premises he
was caused to be injured due to the negligence, carelessness and recklessness of the defendants
herein.
38. That the said accident and the injuries and damages to the plaintiff resulting therefrom
were caused solely and wholly by reason of the negligence, carelessness and recklessness of the
defendants, their agents, servants, employees and/or licensees in the ownership, operation,
control and maintenance of the premises located as aforesaid in that they caused, permitted
and/or allowed said premises at the aforementioned location to be, become and remain for a
period of time after notice, either actual or constructive, in a defective, dangerous and hazardous
condition and to be so maintained and constructed as to prevent safe passage over and along the
same by plaintiff and others lawfully traversing said premises; in that they failed to make timely,
adequate and proper inspections of the condition of said premises; in that they failed to make
timely, adequate and proper maintenance to said premises and/or made improper and inadequate
maintenance to same; in that they failed to employ adequate and competent personnel to inspect,
maintain and/or repair said premises; in that they maintained said premises in reckless disregard
for the safety of plaintiff and others lawfully traversing the same; in that they failed to warn
plaintiff of the dangerous, traplike, unsafe and hazardous condition of said premises and in that
they failed to take all necessary and proper means and precautions to avoid the said accident.
5
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39. The defendant 285 MACDONOUGH RESIDENCES, LLC caused and created said
dangerous, defective and unsafe condition.
40. The defendant TRI-HILL MANAGEMENT LLC caused and created said dangerous,
defective and unsafe condition.
41. Solely as a result of the defendants' negligence, carelessness and recklessness,
RAMEL WARNER was caused to suffer severe and serious personal injuries to mind and body,
and further, that RAMEL WARNER was subjected to great physical pain and mental anguish.
42. By reason of the foregoing, RAMEL WARNER was severely injured and damaged,
sustained severe nervous shock and mental anguish, great physical pain and emotional upset,
some of which injuries are believed to be permanent in nature and duration, and RAMEL
WARNER will be permanently caused to suffer pain, inconvenience and other effects of such
injuries; RAMEL WARNER incurred and in the future will necessarily incur further hospital
and/or medical expenses in an effort to be cured of said injuries; and RAMEL WARNER will be
unable to pursue RAMEL WARNER's usual duties with the same degree of efficiency as prior to
this accident, all to RAMEL WARNER's great damage.
43. This action falls within one or more of the exceptions set forth in Section 1602 of the
Civil Practice Law and Rules.
44. Pursuant to CPLR Section 1602 (2) (iv), defendants are jointly and severally liable for
all of plaintiff’s damages, including but not limited to plaintiff’s non-economic loss, irrespective
of the provisions of the CPLR Section 1601, by reason of the fact that defendants owed the
plaintiff a non-delegable duty of care.
45. Pursuant to CPLR Section 1602 (7), defendants are jointly and severally liable for all
of plaintiff’s damages, including but not limited to plaintiff’s non-economic loss, irrespective of
the provisions of the CPLR Section 1601, by reason of the fact that defendants acted with
reckless disregard of the safety of others.
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46. Pursuant to CPLR Section 1602 (2) (iv), defendants are jointly and severally liable for
all of plaintiff’s damages, including but not limited to plaintiff’s non-economic loss, irrespective
of the provisions of the CPLR Section 1601, by reason of the fact that defendants are vicariously
liable for the negligent acts and omissions of others who caused or contributed to the plaintiff’s
damages.
47. Due to defendants' negligence, plaintiff is entitled to damages.
WHEREFORE, the plaintiff demands judgment awarding damages, in an amount
exceeding the monetary jurisdictional limits of all lower courts which would otherwise have
jurisdiction, together with interest and the costs and disbursements of this action, and such other
and further relief as to this Court seems just and proper.
Dated: New York, New York
March 27, 2024
______________________________
By: Roberta D. Asher
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street
Fourteenth Floor
New York, New York 10038
(212) 227-5000
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------X
RAMEL WARNER, Index No.:
Plaintiff,
ATTORNEY'S
-against- VERIFICATION
285 MACDONOUGH RESIDENCES, LLC and TRI-HILL
MANAGEMENT LLC,
Defendants.
-----------------------------------------------------------------------------X
Roberta D. Asher, an attorney duly admitted to practice law in the State of New York,
makes the following affirmation under the penalty of perjury:
I am of the firm of ASHER & ASSOCIATES, P.C., the attorneys of record for the
plaintiff.
I have read the foregoing Complaint and know the contents thereof; the same is true to
my own knowledge except as to the matters therein stated to be alleged on information and belief
and that as to those matters, I believe them to be true.
This verification is made by affirmant and not by plaintiff because he is not in the County
of New York, which is the County where your affirmant maintains offices.
The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
are correspondence had with the said plaintiff, information contained in the said plaintiff's file,
which is in affirmant's possession, and other pertinent data relating thereto.
Dated: New York, New York
March 27, 2024
_______________________________
ROBERTA D. ASHER
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Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
______________________________________________________________________________
RAMEL WARNER,
Plaintiff,
-against-
285 MACDONOUGH RESIDENCES, LLC and TRI-HILL MANAGEMENT LLC,
Defendants.
______________________________________________________________________________
SUMMONS and VERIFIED COMPLAINT
______________________________________________________________________________
______________________________________________________________________________
The Documents within are hereby certified pursuant to 22 N.Y.C.R.R. 130-1.1-a:
By:_____________________________
Roberta D. Asher
______________________________________________________________________________
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street
Fourteenth Floor
New York, New York 10038
(212) 227-5000
______________________________________________________________________________
PLEASE TAKE NOTICE
NOTICE OF
ENTRY
that the within is a (certified) true copy of a duly entered in the office of the Clerk
of the
within named Court on , 2024 .
NOTICE OF
SETTLEMENT
that an of which the within is a true copy will be presented to the Hon. one of
the
of the within named Court, at , New York, on , 2024 , at 9:30
A.M.
Dated:
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Preview
FILED: KINGS COUNTY CLERK 03/27/2024 04:42 PM INDEX NO. 508765/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________ Filed:_____________ RAMEL WARNER, INDEX NO. Plaintiff, Plaintiff designates Kings County as the place of trial. -against- SUMMONS 285 MACDONOUGH RESIDENCES, LLC and TRI-HILL MANAGEMENT LLC, The basis of venue is the County in which the Defendants. cause of action arose. _____________________________________________________ To the above-named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff's attorneys within 20 days after the service of this summons, exclusive of the day of service of this summons, or within 30 days after service of this summons is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer this summons, a judgment by default will be taken against you for the relief demanded in the complaint, together with the costs of this action. Dated: New York, New York March 27, 2024 ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street Fourteenth Floor New York, New York 10038 (212) 227-5000 285 MACDONOUGH RESIDENCES, LLC 256 West 116 Street, 2nd Floor New York, New York 10026 TRI-HILL MANAGEMENT LLC 22 West 21 Street, 10th floor New York, New York 10010 1 of 10 FILED: KINGS COUNTY CLERK 03/27/2024 04:42 PM INDEX NO. 508765/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------X RAMEL WARNER, Index No.: Plaintiff, VERIFIED COMPLAINT -against- 285 MACDONOUGH RESIDENCES, LLC and TRI-HILL MANAGEMENT LLC, Defendants. -----------------------------------------------------------------------------X Plaintiff, by his attorneys, ASHER & ASSOCIATES, P.C., as and for his Verified Complaint, respectfully alleges, upon information and belief: 1. The plaintiff, RAMEL WARNER, at all times herein mentioned was and still is a resident of the County of Kings and the State of New York. 2. The defendant 285 MACDONOUGH RESIDENCES, LLC, at all times herein mentioned, was and still is a corporation organized and existing under the laws of the State of New York. 3. The defendant, 285 MACDONOUGH RESIDENCES, LLC, at all times herein mentioned was and still is a limited liability corporation doing business in the County of New York and the State of New York. 4. The defendant TRI-HILL MANAGEMENT LLC, at all times herein mentioned, was and still is a corporation organized and existing under the laws of the State of New York. 5. The defendant, TRI-HILL MANAGEMENT LLC, at all times herein mentioned was and still is a limited liability corporation doing business in the County of New York and the State of New York. 6. On February 1, 2024, RAMEL WARNER was lawfully upon defendants' premises. 7. On February 1, 2024, the premises located at 285 McDonough Street, Brooklyn, New York was a multiple dwelling as defined by the Multiple Dwelling Law of the State of New 2 of 10 FILED: KINGS COUNTY CLERK 03/27/2024 04:42 PM INDEX NO. 508765/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 York. 8. On February 1, 2024, the premises located at 285 McDonough Street, Brooklyn, New York was occupied as the residence of at least three families living independently of one another. 9. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC owned the premises located at 285 McDonough Street, Brooklyn, New York. 10. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC was one of the owners of the premises located at 285 McDonough Street, Brooklyn, New York. 11. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC was a lessee of the premises located at 285 McDonough Street, Brooklyn, New York. 12. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC, defendant's servants, agents and/or employees operated the premises located at 285 McDonough Street, Brooklyn, New York. 13. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC, defendant's servants, agents and/or employees maintained the premises located at 285 McDonough Street, Brooklyn, New York. 14. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC, defendant's servants, agents and/or employees managed the premises located at 285 McDonough Street, Brooklyn, New York. 15. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC, defendant's servants, agents and/or employees controlled the premises located at 285 McDonough Street, Brooklyn, New York. 16. On February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC, defendant's servants, agents and/or employees supervised the premises located at 285 McDonough Street, Brooklyn, New York. 17. On or before February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, 2 3 of 10 FILED: KINGS COUNTY CLERK 03/27/2024 04:42 PM INDEX NO. 508765/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 LLC, defendant's servants, agents and/or employees repaired the premises located at 285 McDonough Street, Brooklyn, New York. 18. On or before February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC, defendant's servants, agents and/or employees inspected the premises located at 285 McDonough Street, Brooklyn, New York. 19. On or before February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC, defendant's servants, agents and/or employees constructed the premises located at 285 McDonough Street, Brooklyn, New York. 20. On or before February 1, 2024, the defendant 285 MACDONOUGH RESIDENCES, LLC, defendant's servants, agents and/or employees designed the premises located at 285 McDonough Street, Brooklyn, New York. 21. On February 1, 2024, it was the duty of the defendant 285 MACDONOUGH RESIDENCES, LLC, defendant's servants, agents and/or employees to maintain said premises located at 285 McDonough Street, Brooklyn, New York, in a reasonably safe and suitable condition and in good repair. 22. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC owned the premises located at 285 McDonough Street, Brooklyn, New York. 23. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC was one of the owners of the premises located at 285 McDonough Street, Brooklyn, New York. 24. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC was a lessee of the premises located at 285 McDonough Street, Brooklyn, New York. 25. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC, defendant's servants, agents and/or employees operated the premises located at 285 McDonough Street, Brooklyn, New York. 26. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC, defendant's 3 4 of 10 FILED: KINGS COUNTY CLERK 03/27/2024 04:42 PM INDEX NO. 508765/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 servants, agents and/or employees maintained the premises located at 285 McDonough Street, Brooklyn, New York. 27. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC, defendant's servants, agents and/or employees managed the premises located at 285 McDonough Street, Brooklyn, New York. 28. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC, defendant's servants, agents and/or employees controlled the premises located at 285 McDonough Street, Brooklyn, New York. 29. On February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC, defendant's servants, agents and/or employees supervised the premises located at 285 McDonough Street, Brooklyn, New York. 30. On or before February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC, defendant's servants, agents and/or employees repaired the premises located at 285 McDonough Street, Brooklyn, New York. 31. On or before February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC, defendant's servants, agents and/or employees inspected the premises located at 285 McDonough Street, Brooklyn, New York. 32. On or before February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC, defendant's servants, agents and/or employees constructed the premises located at 285 McDonough Street, Brooklyn, New York. 33. On or before February 1, 2024, the defendant TRI-HILL MANAGEMENT LLC, defendant's servants, agents and/or employees designed the premises located at 285 McDonough Street, Brooklyn, New York. 34. On February 1, 2024, it was the duty of the defendant TRI-HILL MANAGEMENT LLC, defendant's servants, agents and/or employees to maintain said premises located at 285 4 5 of 10 FILED: KINGS COUNTY CLERK 03/27/2024 04:42 PM INDEX NO. 508765/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 McDonough Street, Brooklyn, New York, in a reasonably safe and suitable condition and in good repair. 35. On February 1, 2024, while plaintiff was lawfully traversing the sidewalk adjacent to the afore-described premises he was caused to trip and fall due to a dangerous and defective condition existing thereat. 36. On February 1, 2024, while plaintiff was lawfully traversing as afore-described he was caused to sustain severe and protracted personal injuries. 37. On February 1, 2024, while plaintiff was lawfully on the aforementioned premises he was caused to be injured due to the negligence, carelessness and recklessness of the defendants herein. 38. That the said accident and the injuries and damages to the plaintiff resulting therefrom were caused solely and wholly by reason of the negligence, carelessness and recklessness of the defendants, their agents, servants, employees and/or licensees in the ownership, operation, control and maintenance of the premises located as aforesaid in that they caused, permitted and/or allowed said premises at the aforementioned location to be, become and remain for a period of time after notice, either actual or constructive, in a defective, dangerous and hazardous condition and to be so maintained and constructed as to prevent safe passage over and along the same by plaintiff and others lawfully traversing said premises; in that they failed to make timely, adequate and proper inspections of the condition of said premises; in that they failed to make timely, adequate and proper maintenance to said premises and/or made improper and inadequate maintenance to same; in that they failed to employ adequate and competent personnel to inspect, maintain and/or repair said premises; in that they maintained said premises in reckless disregard for the safety of plaintiff and others lawfully traversing the same; in that they failed to warn plaintiff of the dangerous, traplike, unsafe and hazardous condition of said premises and in that they failed to take all necessary and proper means and precautions to avoid the said accident. 5 6 of 10 FILED: KINGS COUNTY CLERK 03/27/2024 04:42 PM INDEX NO. 508765/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 39. The defendant 285 MACDONOUGH RESIDENCES, LLC caused and created said dangerous, defective and unsafe condition. 40. The defendant TRI-HILL MANAGEMENT LLC caused and created said dangerous, defective and unsafe condition. 41. Solely as a result of the defendants' negligence, carelessness and recklessness, RAMEL WARNER was caused to suffer severe and serious personal injuries to mind and body, and further, that RAMEL WARNER was subjected to great physical pain and mental anguish. 42. By reason of the foregoing, RAMEL WARNER was severely injured and damaged, sustained severe nervous shock and mental anguish, great physical pain and emotional upset, some of which injuries are believed to be permanent in nature and duration, and RAMEL WARNER will be permanently caused to suffer pain, inconvenience and other effects of such injuries; RAMEL WARNER incurred and in the future will necessarily incur further hospital and/or medical expenses in an effort to be cured of said injuries; and RAMEL WARNER will be unable to pursue RAMEL WARNER's usual duties with the same degree of efficiency as prior to this accident, all to RAMEL WARNER's great damage. 43. This action falls within one or more of the exceptions set forth in Section 1602 of the Civil Practice Law and Rules. 44. Pursuant to CPLR Section 1602 (2) (iv), defendants are jointly and severally liable for all of plaintiff’s damages, including but not limited to plaintiff’s non-economic loss, irrespective of the provisions of the CPLR Section 1601, by reason of the fact that defendants owed the plaintiff a non-delegable duty of care. 45. Pursuant to CPLR Section 1602 (7), defendants are jointly and severally liable for all of plaintiff’s damages, including but not limited to plaintiff’s non-economic loss, irrespective of the provisions of the CPLR Section 1601, by reason of the fact that defendants acted with reckless disregard of the safety of others. 6 7 of 10 FILED: KINGS COUNTY CLERK 03/27/2024 04:42 PM INDEX NO. 508765/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 46. Pursuant to CPLR Section 1602 (2) (iv), defendants are jointly and severally liable for all of plaintiff’s damages, including but not limited to plaintiff’s non-economic loss, irrespective of the provisions of the CPLR Section 1601, by reason of the fact that defendants are vicariously liable for the negligent acts and omissions of others who caused or contributed to the plaintiff’s damages. 47. Due to defendants' negligence, plaintiff is entitled to damages. WHEREFORE, the plaintiff demands judgment awarding damages, in an amount exceeding the monetary jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with interest and the costs and disbursements of this action, and such other and further relief as to this Court seems just and proper. Dated: New York, New York March 27, 2024 ______________________________ By: Roberta D. Asher ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street Fourteenth Floor New York, New York 10038 (212) 227-5000 7 8 of 10 FILED: KINGS COUNTY CLERK 03/27/2024 04:42 PM INDEX NO. 508765/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------X RAMEL WARNER, Index No.: Plaintiff, ATTORNEY'S -against- VERIFICATION 285 MACDONOUGH RESIDENCES, LLC and TRI-HILL MANAGEMENT LLC, Defendants. -----------------------------------------------------------------------------X Roberta D. Asher, an attorney duly admitted to practice law in the State of New York, makes the following affirmation under the penalty of perjury: I am of the firm of ASHER & ASSOCIATES, P.C., the attorneys of record for the plaintiff. I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge except as to the matters therein stated to be alleged on information and belief and that as to those matters, I believe them to be true. This verification is made by affirmant and not by plaintiff because he is not in the County of New York, which is the County where your affirmant maintains offices. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are correspondence had with the said plaintiff, information contained in the said plaintiff's file, which is in affirmant's possession, and other pertinent data relating thereto. Dated: New York, New York March 27, 2024 _______________________________ ROBERTA D. ASHER 9 of 10 FILED: KINGS COUNTY CLERK 03/27/2024 04:42 PM INDEX NO. 508765/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/27/2024 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ______________________________________________________________________________ RAMEL WARNER, Plaintiff, -against- 285 MACDONOUGH RESIDENCES, LLC and TRI-HILL MANAGEMENT LLC, Defendants. ______________________________________________________________________________ SUMMONS and VERIFIED COMPLAINT ______________________________________________________________________________ ______________________________________________________________________________ The Documents within are hereby certified pursuant to 22 N.Y.C.R.R. 130-1.1-a: By:_____________________________ Roberta D. Asher ______________________________________________________________________________ ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street Fourteenth Floor New York, New York 10038 (212) 227-5000 ______________________________________________________________________________ PLEASE TAKE NOTICE NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the Clerk of the within named Court on , 2024 . NOTICE OF SETTLEMENT that an of which the within is a true copy will be presented to the Hon. one of the of the within named Court, at , New York, on , 2024 , at 9:30 A.M. Dated: 10 of 10