Preview
FILED: KINGS COUNTY CLERK 04/09/2024 04:30 PM INDEX NO. 510170/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS SUMMONS
****************************************************************
CHRISTOPHER COBB,
Plaintiff, Index No.:
v.
Date Filed:
GEORGE FERREIRA AND 9723 FARRAGUT ROAD
REALTY, LLC, Plaintiff(s) designate(s)
KINGS COUNTY as the
place of trial.
Defendants.
The basis of venue is:
*************************************************************
Location of incident.
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff's
attorneys an answer to the complaint in this action within twenty (20) days after the
service of this summons, exclusive of the day of service, or within thirty (30) days after
service is complete if this summons is not personally delivered to you within the State of
New York. In case of your failure to answer, judgment will be taken against you by
default for the relief demanded in the complaint.
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DATED: New York, New York
April 8, 2024
Yours, etc.,
THE BA P.C.
By:
Jo /C. Olmstead, Esq.
tor eys for Plaintiff
42 exington Avenue
Suite 2140
New York, NY 10170
(800) 800-0000 x531
To:
GEORGE FERREIRA
52nd
1343 East Street
Brooklyn, NY 11234
9723 FARRAGUT ROAD REALTY, LLC
52nd
1343 East Street
Brooklyn, NY 11234
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
****************************************************************
CHRISTOPHER COBB,
Plaintiff,
COMPLAINT
v.
Index No.
GEORGE FERREIRA AND 9723 FARRAGUT ROAD
REALTY, LLC,
Defendants.
********************************************************************
Plaintiff, CHRISTOPHER COBB, by Piaintiff's attorneys, THE BARNES
FIRM, P.C., complains against defendants, GEORGE FERREIRA AND 9723
FARRAGUT ROAD REALTY, LLC, alleges upon information and belief:
1. At all times herein relevant, plaintiff, CHRISTOPHER COBB, was and is a
resident of the County of KINGS, State of New York.
2. At all times herein relevant, defendant, GEORGE FERREIRA, was and is
a resident of the County of KINGS, State of New York.
3. That at all times herein relevant, defendant, 9723 FARRAGUT ROAD
REALTY, LLC, was and is a domestic limited liability company created and existing by
virtue of the laws of the State of New York.
4. That at all times herein relevant, defendant, 9723 FARRAGUT ROAD
REALTY, LLC, transacted business within the State of New York and/or contracted
anywhere to supply goods or services in the State of New York.
5. That at all times herein relevant, defendant, 9723 FARRAGUT ROAD
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REALTY, LLC, committed a tortious act within the State of New York.
6. That at all times herein relevant, defendant, 9723 FARRAGUT ROAD
REALTY, LLC, committed a tortious act without the State of New York causing injury to
person or property within the State of New York.
7. That at all times herein relevant, defendant, 9723 FARRAGUT ROAD
REALTY, LLC, owns, uses or possesses any real property situated with the State of
New York.
8. That by virtue of the allegations above, defendant, 9723 FARRAGUT
ROAD REALTY, LLC, is subject to the laws of the State of New York pursuant to CPLR
302.
9. At all times herein relevant, defendant, 9723 FARRAGUT ROAD REALTY,
LLC, has been the owner of the premises known as 9723 Farragut Road, Brooklyn,
New York 11236
10. That at all times hereinafter mentioned, defendant, 9723 FARRAGUT
ROAD REALTY, LLC, by its agents, servants and/or employees managed the aforesaid
premises.
11. That at all times hereinafter mentioned, defendant, 9723 FARRAGUT
ROAD REALTY, LLC, by its agents, servants and/or employees maintained the
aforesaid premises.
12. That at all times hereinafter mentioned, defendant, 9723 FARRAGUT
ROAD REALTY, LLC, by its agents, servants and/or employees controlled the aforesaid
premises.
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13. That at all times hereinafter mentioned, defendant, 9723 FARRAGUT
ROAD REALTY, LLC., by its agents, servants and/or employees operated the aforesaid
premises.
14. That at all times hereinafter mentioned, defendant, 9723 FARRAGUT
ROAD REALTY, LLC, by its agents, servants and/or employees supervised the
aforesaid premises.
15. That at all times hereinafter mentioned, defendant, 9723 FARRAGUT
ROAD REALTY, LLC, by its agents, servants and/or employees inspected the aforesaid
premises.
16. That at all times hereinafter mentioned, defendant, 9723 FARRAGUT
ROAD REALTY, LLC, by its agents, servants and/or employees provided security for
the aforesaid premises
17. At all times herein relevant, defendants, GEORGE FERREIRA was and
is the owner of a certain premises commonly known as 9723 Farragut Road, Brooklyn,
New York 11236.
18. That at all times herein mentioned, 9723 Farragut Road, Brooklyn, New
York 11236, was and is a three-family dwelling.
19. That on or before August 17, 2021, defendant GEORGE FERREIRA,
occupied the relevant premises.
20. That at all times herein mentioned, defendant, GEORGE FERREIRA,
managed the relevant premises.
21. That at all times herein mentioned, defendant, GEORGE FERREIRA,
controlled the relevant premises.
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22. That at all times herein mentioned, defendant, GEORGE FERREIRA, was
responsible for providing security on and for the relevant premises.
23. That at all times herein mentioned the defendants, their agents, servants
and/or employees, had the duty of supervising, maintaining, providing and controlling
the security of those persons on their premises.
24. That at all times herein mentioned the defendants, their agents, servants
and/or employees, had the duty to keep the premises in a safe and secure condition.
25. That at all times herein mentioned, there were multiple tenants residing
within the relevant premises.
26. That on August 17, 2021, multiple tenants resided in a single apartment
within the relevant premises.
27. That at all times herein mentioned, the defendants did rent a room within
the aforesaid premises to the plaintiff, CHRISTOPHER COBB.
28. That on August 17, 2021, the plaintiff, CHRISTOPHER COBB, was a
lawful tenant in the relevant premises known as 9723 Farragut Road, Brooklyn, NY
11236.
29. That on August 17, 2021, an individual tenant within the relevant
apartment and premises intentionally, viciously, willfully, maliciously and without any just
cause provocation or justification assaulted, beat, struck, stabbed and kicked plaintiff,
CHRISTOPHER COBB, causing him severe physical, mental and emotional injuries.
30. That on said date, the defendant, her agents, servants and or employees,
disregarding their duty to properly supervise, maintain and control the security of those
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tenants on her premises, permitted and allowed the plaintiff to be placed in a dangerous
and precarious condition, thereby sustaining serious injuries, including being assaulted.
31, That at said time and place, the plaintiff was caused to be injured by the
aforementioned assailant inside the relevant apartment and premises, said assailant
being a person with known violent propensities and who was permitted to act in a
raucous and violent manner due to the negligence of the defendant.
32. That upon information and belief, the said occurrence and the injuries
resulting therefrom and sustained by the plaintiff were caused by reason of the
negligence of the defendant, her agents, servants and or employees in connection with
the ownership, management, maintenance, operation and control of the relevant
premises.
33. That on the relevant date and at all times herein mentioned, the plaintiff
would not have been assaulted on the subject premises in the absence of negligence
on the part of the defendants.
34. That at all times herein mentioned, the relevant premises was within the
exclusive control of the defendant.
35. That at all times herein mentioned and upon information and belief, the
aforesaid assault occurred solely and wholly as a result of the negligence of the
defendant and without any fault on the part of the plaintiff contributing thereto.
36. That on said date, the defendants had charge of the relevant premises
and it was the duty of the defendants, their agents, servants and or employees to use
reasonable care and diligence in the operation, care and maintenance of the said
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premises and to maintain same for the purpose of keeping the same in a reasonably
safe condition.
37. That by reason of the foregoing, the plaintiff sustained grievous personal
injuries to various parts of his body, suffered and will continue to suffer great pain and
anguish in body and mind; that he has received necessary hospital and medical
attention and will require future medical care attention in connection with injuries
sustained; that he has and will continue to incur expenses with regard to the above
described incident and injuries; he has been greatly incapacitated and has been unable
to attend his usual duties and occupation as he had prior due to this incident and
resulting injuries; his injuries are permanent, protracted and disabling in nature.
38. As a result of the negligence of the defendants, as alleged above, plaintiff,
CHRISTOPHER COBB, was injured and has suffered damages in an amount which
exceeds the monetary jurisdictional limits of all lower New York State Courts.
WHEREFORE, Plaintiff, CHRISTOPHER COBB, demands judgment against
defendants, GEORGE FERREIRA AND 9723 FARRAGUT ROAD REALTY, LLC, in an
amount which exceeds the monetary jurisdictional limits of all lower courts, which would
otherwise have jurisdiction, together with the costs and disbursements of this action.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
DATED: New York, New York
April 8, 2024
Yours, etc.,
THE BAR -PIRM, .C.
By:
JC A C. OLMSTEAD
A neys for Plaintiff
Lexington Ave.
uite 2140
New York, NY 10170
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Index No:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
CHRISTOPHER COBB,
Plaintiff(s),
-against-
GEORGE FERREIRA AND 9723 FARRAGUT ROAD
REALTY, LLC,
Defendant(s),
SUMMONS AND COMPLAINT
THE BARNES FIRM, P.C.
Attorneys for Plaintiff
Office & Post Office Address, Telephone
420 Lexington Avenue, Suite 2140
New York, New York 10170
(800) 800-0000
Service of a copy of the within is hereby
admitted.
Dated: New York, New York
April 8, 2024
PLEASE TAKE NOTICE:
NOTICE OF ENTRY
that the within is a (certified) true copy of an Order
duly entered in the office of the clerk of the within named court on
NOTICE OF SETTLEMENT
that an order of which the within is a true copy will be
presented for settlement to the HON. one of the judges of the
within named Court, at
on at M.
Dated:
Yours, etc.
THE BARNES FIRM, P.C.
Attorneys for Plaintiff
I 420 Lexington Avenue, Suite 2140
New York, New York 10170
(800) 800-0000
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Preview
FILED: KINGS COUNTY CLERK 04/09/2024 04:30 PM INDEX NO. 510170/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS SUMMONS **************************************************************** CHRISTOPHER COBB, Plaintiff, Index No.: v. Date Filed: GEORGE FERREIRA AND 9723 FARRAGUT ROAD REALTY, LLC, Plaintiff(s) designate(s) KINGS COUNTY as the place of trial. Defendants. The basis of venue is: ************************************************************* Location of incident. TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff's attorneys an answer to the complaint in this action within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. 1 of 10 FILED: KINGS COUNTY CLERK 04/09/2024 04:30 PM INDEX NO. 510170/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 DATED: New York, New York April 8, 2024 Yours, etc., THE BA P.C. By: Jo /C. Olmstead, Esq. tor eys for Plaintiff 42 exington Avenue Suite 2140 New York, NY 10170 (800) 800-0000 x531 To: GEORGE FERREIRA 52nd 1343 East Street Brooklyn, NY 11234 9723 FARRAGUT ROAD REALTY, LLC 52nd 1343 East Street Brooklyn, NY 11234 2 of 10 FILED: KINGS COUNTY CLERK 04/09/2024 04:30 PM INDEX NO. 510170/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS **************************************************************** CHRISTOPHER COBB, Plaintiff, COMPLAINT v. Index No. GEORGE FERREIRA AND 9723 FARRAGUT ROAD REALTY, LLC, Defendants. ******************************************************************** Plaintiff, CHRISTOPHER COBB, by Piaintiff's attorneys, THE BARNES FIRM, P.C., complains against defendants, GEORGE FERREIRA AND 9723 FARRAGUT ROAD REALTY, LLC, alleges upon information and belief: 1. At all times herein relevant, plaintiff, CHRISTOPHER COBB, was and is a resident of the County of KINGS, State of New York. 2. At all times herein relevant, defendant, GEORGE FERREIRA, was and is a resident of the County of KINGS, State of New York. 3. That at all times herein relevant, defendant, 9723 FARRAGUT ROAD REALTY, LLC, was and is a domestic limited liability company created and existing by virtue of the laws of the State of New York. 4. That at all times herein relevant, defendant, 9723 FARRAGUT ROAD REALTY, LLC, transacted business within the State of New York and/or contracted anywhere to supply goods or services in the State of New York. 5. That at all times herein relevant, defendant, 9723 FARRAGUT ROAD 3 of 10 FILED: KINGS COUNTY CLERK 04/09/2024 04:30 PM INDEX NO. 510170/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 REALTY, LLC, committed a tortious act within the State of New York. 6. That at all times herein relevant, defendant, 9723 FARRAGUT ROAD REALTY, LLC, committed a tortious act without the State of New York causing injury to person or property within the State of New York. 7. That at all times herein relevant, defendant, 9723 FARRAGUT ROAD REALTY, LLC, owns, uses or possesses any real property situated with the State of New York. 8. That by virtue of the allegations above, defendant, 9723 FARRAGUT ROAD REALTY, LLC, is subject to the laws of the State of New York pursuant to CPLR 302. 9. At all times herein relevant, defendant, 9723 FARRAGUT ROAD REALTY, LLC, has been the owner of the premises known as 9723 Farragut Road, Brooklyn, New York 11236 10. That at all times hereinafter mentioned, defendant, 9723 FARRAGUT ROAD REALTY, LLC, by its agents, servants and/or employees managed the aforesaid premises. 11. That at all times hereinafter mentioned, defendant, 9723 FARRAGUT ROAD REALTY, LLC, by its agents, servants and/or employees maintained the aforesaid premises. 12. That at all times hereinafter mentioned, defendant, 9723 FARRAGUT ROAD REALTY, LLC, by its agents, servants and/or employees controlled the aforesaid premises. 4 of 10 FILED: KINGS COUNTY CLERK 04/09/2024 04:30 PM INDEX NO. 510170/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 13. That at all times hereinafter mentioned, defendant, 9723 FARRAGUT ROAD REALTY, LLC., by its agents, servants and/or employees operated the aforesaid premises. 14. That at all times hereinafter mentioned, defendant, 9723 FARRAGUT ROAD REALTY, LLC, by its agents, servants and/or employees supervised the aforesaid premises. 15. That at all times hereinafter mentioned, defendant, 9723 FARRAGUT ROAD REALTY, LLC, by its agents, servants and/or employees inspected the aforesaid premises. 16. That at all times hereinafter mentioned, defendant, 9723 FARRAGUT ROAD REALTY, LLC, by its agents, servants and/or employees provided security for the aforesaid premises 17. At all times herein relevant, defendants, GEORGE FERREIRA was and is the owner of a certain premises commonly known as 9723 Farragut Road, Brooklyn, New York 11236. 18. That at all times herein mentioned, 9723 Farragut Road, Brooklyn, New York 11236, was and is a three-family dwelling. 19. That on or before August 17, 2021, defendant GEORGE FERREIRA, occupied the relevant premises. 20. That at all times herein mentioned, defendant, GEORGE FERREIRA, managed the relevant premises. 21. That at all times herein mentioned, defendant, GEORGE FERREIRA, controlled the relevant premises. 5 of 10 FILED: KINGS COUNTY CLERK 04/09/2024 04:30 PM INDEX NO. 510170/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 22. That at all times herein mentioned, defendant, GEORGE FERREIRA, was responsible for providing security on and for the relevant premises. 23. That at all times herein mentioned the defendants, their agents, servants and/or employees, had the duty of supervising, maintaining, providing and controlling the security of those persons on their premises. 24. That at all times herein mentioned the defendants, their agents, servants and/or employees, had the duty to keep the premises in a safe and secure condition. 25. That at all times herein mentioned, there were multiple tenants residing within the relevant premises. 26. That on August 17, 2021, multiple tenants resided in a single apartment within the relevant premises. 27. That at all times herein mentioned, the defendants did rent a room within the aforesaid premises to the plaintiff, CHRISTOPHER COBB. 28. That on August 17, 2021, the plaintiff, CHRISTOPHER COBB, was a lawful tenant in the relevant premises known as 9723 Farragut Road, Brooklyn, NY 11236. 29. That on August 17, 2021, an individual tenant within the relevant apartment and premises intentionally, viciously, willfully, maliciously and without any just cause provocation or justification assaulted, beat, struck, stabbed and kicked plaintiff, CHRISTOPHER COBB, causing him severe physical, mental and emotional injuries. 30. That on said date, the defendant, her agents, servants and or employees, disregarding their duty to properly supervise, maintain and control the security of those 6 of 10 FILED: KINGS COUNTY CLERK 04/09/2024 04:30 PM INDEX NO. 510170/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 tenants on her premises, permitted and allowed the plaintiff to be placed in a dangerous and precarious condition, thereby sustaining serious injuries, including being assaulted. 31, That at said time and place, the plaintiff was caused to be injured by the aforementioned assailant inside the relevant apartment and premises, said assailant being a person with known violent propensities and who was permitted to act in a raucous and violent manner due to the negligence of the defendant. 32. That upon information and belief, the said occurrence and the injuries resulting therefrom and sustained by the plaintiff were caused by reason of the negligence of the defendant, her agents, servants and or employees in connection with the ownership, management, maintenance, operation and control of the relevant premises. 33. That on the relevant date and at all times herein mentioned, the plaintiff would not have been assaulted on the subject premises in the absence of negligence on the part of the defendants. 34. That at all times herein mentioned, the relevant premises was within the exclusive control of the defendant. 35. That at all times herein mentioned and upon information and belief, the aforesaid assault occurred solely and wholly as a result of the negligence of the defendant and without any fault on the part of the plaintiff contributing thereto. 36. That on said date, the defendants had charge of the relevant premises and it was the duty of the defendants, their agents, servants and or employees to use reasonable care and diligence in the operation, care and maintenance of the said 7 of 10 FILED: KINGS COUNTY CLERK 04/09/2024 04:30 PM INDEX NO. 510170/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 premises and to maintain same for the purpose of keeping the same in a reasonably safe condition. 37. That by reason of the foregoing, the plaintiff sustained grievous personal injuries to various parts of his body, suffered and will continue to suffer great pain and anguish in body and mind; that he has received necessary hospital and medical attention and will require future medical care attention in connection with injuries sustained; that he has and will continue to incur expenses with regard to the above described incident and injuries; he has been greatly incapacitated and has been unable to attend his usual duties and occupation as he had prior due to this incident and resulting injuries; his injuries are permanent, protracted and disabling in nature. 38. As a result of the negligence of the defendants, as alleged above, plaintiff, CHRISTOPHER COBB, was injured and has suffered damages in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts. WHEREFORE, Plaintiff, CHRISTOPHER COBB, demands judgment against defendants, GEORGE FERREIRA AND 9723 FARRAGUT ROAD REALTY, LLC, in an amount which exceeds the monetary jurisdictional limits of all lower courts, which would otherwise have jurisdiction, together with the costs and disbursements of this action. 8 of 10 FILED: KINGS COUNTY CLERK 04/09/2024 04:30 PM INDEX NO. 510170/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 DATED: New York, New York April 8, 2024 Yours, etc., THE BAR -PIRM, .C. By: JC A C. OLMSTEAD A neys for Plaintiff Lexington Ave. uite 2140 New York, NY 10170 9 of 10 FILED: KINGS COUNTY CLERK 04/09/2024 04:30 PM INDEX NO. 510170/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 Index No: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS CHRISTOPHER COBB, Plaintiff(s), -against- GEORGE FERREIRA AND 9723 FARRAGUT ROAD REALTY, LLC, Defendant(s), SUMMONS AND COMPLAINT THE BARNES FIRM, P.C. Attorneys for Plaintiff Office & Post Office Address, Telephone 420 Lexington Avenue, Suite 2140 New York, New York 10170 (800) 800-0000 Service of a copy of the within is hereby admitted. Dated: New York, New York April 8, 2024 PLEASE TAKE NOTICE: NOTICE OF ENTRY that the within is a (certified) true copy of an Order duly entered in the office of the clerk of the within named court on NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named Court, at on at M. Dated: Yours, etc. THE BARNES FIRM, P.C. Attorneys for Plaintiff I 420 Lexington Avenue, Suite 2140 New York, New York 10170 (800) 800-0000 10 of 10