Preview
FILED: KINGS COUNTY CLERK 04/09/2024 04:55 PM INDEX NO. 510179/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS
-----------------------------------------------------X Filed:
FERRY LEON,
SUMMONS
Plaintiff,
Plaintiff designates Kings
County as the place of trial.
-agamst-
The basis of venue is
Defendants'
ZOE KEVIN and ALICIA Residence:
FOLK, FOLK, FOLK,
227 Covert Street
Brooklyn, New York 11207
Defendants.
_____________-________________________Ç
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 attomeys within twenty (20) 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
thirty (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: Bohemia, New York
April 9, 2024
NA WALKE3, ESQ.
WALKER & MACKENZIE, P.C.
Attorneys for Plaintiff
1650 Sycamore Avenue, Suite 19
Bohemia, New York 11716
(631) 791-5090
TO: ZOE FOLK
227 Covert Street
Brooldyn, New York 11207
KEVIN FOLK
227 Covert Street
Brooklyn, New York 11207
ALICIA FOLK
227 Covert Street
Brooklyn, New York 11207
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_______________________________--_Ç
FERRY LEON,
Index No.:
Plaintiff,
COMPLAINT
-against-
ZOE FOLK, KEVIN FOLK, and ALICIA FOLK,
Defendants.
-____.________________-______________Ç
Plaintiff, above named, complaining of the Defendants by his attorneys, WALKER &
MACKENZIE, P.C., respectfully alleges, upon information and belief, as follows:
1. At all times mentioned herein, there existed a premises located at 227 Covert
Street, Brooklyn, New York (hereinafter "the premises").
AS FOR A FIRST CAUSE OF ACATION AGAINST DEFENDANT ZOE FOLK
2. At all times mentioned herein, Defendant ZOE FOLK was an owner of the
premises.
3. At all times mentioned herein, Defendant ZOE FOLK was a lessor of the premises.
4. At all times mentioned herein, Defendant ZOE FOLK was a lessee of the premises.
5. At all times mentioned herein, Defendant ZOE FOLK resided at the premises.
6. At all times mentioned herein, Defendant ZOE FOLK, her agents, servants,
employees and/or licensees operated the premises.
7. At all times mentioned herein, Defendant ZOE FOLK, her agents, agents, servants,
employees and/or licensees managed the premises.
8. At all times mentioned herein, Defendant ZOE FOLK, her agents, agents, servants,
employees and/or licensees maintained the premises.
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9. At all times mentioned herein, Defendant ZOE FOLK, her agents, agents, servants,
employees and/or licensees controlled the premises.
10. At all times mentioned herein, Defendant ZOE FOLK, her agents, agents, servants,
employees and/or licensees inspected the premises.
11. At all times mentioned herein, Defendant ZOE FOLK, her agents, agents, servants,
employees and/or licensees supervised the premises.
12. At all times mentioned herein, Defendant ZOE FOLK, her agents, agents, servants,
employees and/or licensees repaired the premises.
13. At all times mentioned herein, Defendant ZOE FOLK was an owner of a certain
dog.
14. At all times mentioned herein, Defendant ZOE FOLK was an owner of a dog
named Wilson.
15. At all times mentioned herein, Defendant ZOE FOLK was an owner of a certain
Pit Bull Mix dog.
16. At all times mentioned herein, Defendant ZOE FOLK was an owner of a Pit Bull
Mix dog named Wilson.
17. On or about June 30, 2022, Defendant ZOE FOLK harbored a certain dog.
18. On or about June 30, 2022, Defendant ZOE FOLK harbored a dog named Wilson.
19. At all times mentioned herein, Defendant ZOE FOLK harbored a certain Pit Bull
Mix dog.
20. On or about June 30, 2022, Defendant ZOE FOLK harbored a Pit Bull Mix dog
named Wilson.
21. On or about June 30, 2022, Defendant ZOE FOLK managed a certain dog.
22. On or about June 30, 2022, Defendant ZOE FOLK managed a dog named Wilson.
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23. At all times mentioned herein, Defendant ZOE FOLK managed a certain Pit Bull
Mix dog.
24. On or about June 30, 2022, Defendant ZOE FOLK managed a Pit Bull Mix dog
named Wilson.
25. On or about June 30, 2022, Defendant ZOE FOLK controlled a certain dog.
26. On or about June 30, 2022, Defendant ZOE FOLK controlled a dog named
Wilson.
27. At all times mentioned herein, Defendant ZOE FOLK controlled a certain Pit Bull
Mix dog.
28. On or about June 30, 2022, Defendant ZOE FOLK controlled a Pit Bull Mix dog
named Wilson.
29. On or about June 30, 2022, Defendant ZOE FOLK supervised a certain dog.
30. On or about June 30, 2022, Defendant ZOE FOLK supervised a dog named
Wilson.
31. At all times mentioned herein, Defendant ZOE FOLK supervised a certain Pit
Bull Mix dog.
32. On or about June 30, 2022, Defendant ZOE FOLK supervised a Pit Bull Mix dog
named Wilson.
33. On or about June 30, 2022, Defendant ZOE FOLK caused, permitted, and/or
allowed a certain Pit Bull Mix dog to remain at, near and/or about the aforesaid premises.
34. On or about June 30, 2022, Defendant ZOE FOLK caused, permitted, and/or
allowed a Pit Bull Mix dog named Wilson to remain at, near and/or about the aforesaid premises.
35. On or about June 30, 2022, Plaintiff was lawfully at, near or about the aforesaid
premises.
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36. On or about June 30, 2022, while Plaintiff was present at, near or about the
aforesaid premises, the aforesaid dog was caused, allowed and/or permitted to approach, menace,
attack and/or bite Plaintiff.
37. Plaintiff was caused to sustain severe and permanent personal injuries.
38. On or about June 30, 2022, Defendant ZOE FOLK, her agents, servants,
employees and/or licensees failed to properly and/or adequately restrain, supervise, control
and/or manage the aforesaid dog.
39. On or about June 30, 2022, Defendant ZOE FOLK, her agents, servants,
employees and/or licensees caused, pennitted and/or allowed the aforesaid dog to become wild,
unruly, and vicious and possess a ferocious nature and disposition with a propensity to attack
other dogs and human beings.
40. On and prior to June 30, 2022, Defendant ZOE FOLK, her agents, servants,
employees and/or licensees was aware the aforesaid dog possessed a ferocious nature and
disposition with a propensity to attack other animals and human beings.
41. The aforesaid occurrence was due to the negligence, carelessness and recklessness
of Defendant ZOE FOLK, her agents, servants, employees and/or licensees in the ownership,
operation, management, supervision and/or control of the aforesaid premises and through no
fault or lack of care on the part of Plaintiff herein.
42. The aforesaid occurrence was due to the negligence, carelessness and recklessness
of Defendant ZOE FOLK, her agents, servants, employees and/or licensees in the ownership,
operation, management, supervision and/or control of the aforesaid dog and through no fault or
lack of care on the part of Plaintiff herein.
43. Defendant ZOE FOLK is strictly liable for the aforesaid occurrence and/or
Plaintiff's resulting injuries.
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44. This action falls within one or more of the exceptions set forth in CPLR §1602
including, but not limited to, subsections (2) and (7).
45. As a result of the aforesaid occurrence, Plaintiff was caused to sustain serious
personal injuries, a severe shock to his nervous system and certain internal injuries, and has been
caused to suffer severe physical pain as a result thereof. Some of the aforesaid injuries are of a
pennanent and lasting nature. Plaintiff was incapacitated from his usual and customary activities
and was caused to undergo medical care and attention.
46. By reason of the foregoing, Plaintiff has been damaged in an amount which
exceeds the jurisdictional limits of all lower courts.
AS FOR A SECOND CAUSE OF ACATION AGAINST DEFENDANT KEVIN
FOLK
47. Plaintiff repeats, reiterates and realleges each and every allegation contained
"1" "46"
herein above in paragraphs through inclusive with the same force and effect as if
hereinafter set forth at length.
48. At all times mentioned herein, Defendant KEVIN FOLK was an owner of the
premises.
49. At all times mentioned herein, Defendant KEVIN FOLK was a lessor of the
premises.
50. At all times mentioned herein, Defendant KEVIN FOLK was a lessee of the
premises.
51. At all times mentioned herein, Defendant KEVIN FOLK resided at the premises.
52. At all times mentioned herein, Defendant KEVIN FOLK, his agents, selvants,
employees and/or licensees operated the premises.
53. At all times mentioned herein, Defendant KEVIN FOLK, his agents, agents,
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servants, employees and/or licensees managed the premises.
54. At all times mentioned herein, Defendant KEVIN FOLK, his agents, agents,
servants, employees and/or licensees maintained the premises.
55. At all times mentioned herein, Defendant KEVIN FOLK, his agents, agents,
servants, employees and/or licensees controlled the premises.
56. At all times mentioned herein, Defendant KEVIN FOLK, his agents, agents,
servants, employees and/or licensees inspected the premises.
57. At all times mentioned herein, Defendant KEVIN FOLK, his agents, agents,
servants, employees and/or licensees supervised the premises.
58. At all times mentioned herein, Defendant KEVIN FOLK, his agents, agents,
servants, employees and/or licensees repaired the premises.
59. At all times mentioned herein, Defendant KEVIN FOLK was an owner of a
certain dog.
60. At all times mentioned herein, Defendant KEVIN FOLK was an owner of a dog
named Wilson.
61. At all times mentioned herein, Defendant KEVIN FOLK was an owner of a
certain Pit Bull Mix dog.
62. At all times mentioned herein, Defendant KEVIN FOLK was an owner of a Pit
Bull Mix dog named Wilson.
63. On or about June 30, 2022, Defendant KEVIN FOLK harbored a certain dog.
64. On or about June 30, 2022, Defendant KEVIN FOLK harbored a dog named
Wilson.
65. At all times mentioned herein, Defendant KEVIN FOLK harbored a certain Pit
Bull Mix dog.
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66. On or about June 30, 2022, Defendant KEVIN FOLK harbored a Pit Bull Mix dog
named Wilson.
67. On or about June 30, 2022, Defendant KEVIN FOLK managed a certain dog.
68. On or about June 30, 2022, Defendant KEVIN FOLK managed a dog named
Wilson.
69. At all times mentioned herein, Defendant KEVIN FOLK managed a Pit Bull Mix
dog.
70. On or about June 30, 2022, Defendant KEVIN FOLK K managed a Pit Bull Mix
dog named Wilson.
71. On or about June 30, 2022, Defendant KEVIN FOLK controlled a certain dog.
72. On or about June 30, 2022, Defendant KEVIN FOLK controlled a dog named
Wilson.
73. At all times mentioned herein, Defendant KEVIN FOLK controlled a certain Pit
Bull Mix dog.
74. On or about June 30, 2022, Defendant KEVIN FOLK controlled a Pit Bull Mix
dog named Wilson.
75. On or about June 30, 2022, Defendant KEVIN FOLK supervised a certain dog.
76. On or about June 30, 2022, Defendant KEVIN FOLK supervised a dog named
Wilson.
77. At all times mentioned herein, Defendant KEVIN FOLK supervised a certain Pit
Bull Mix dog.
78. On or about June 30, 2022, Defendant KEVIN FOLK supervised a Pit Bull Mix
dog named Wilson.
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79. On or about June 30, 2022, Defendant KEVIN FOLK caused, permitted, and/or
allowed a certain Pit Bull Mix dog to remain at, near and/or about the aforesaid premises.
80. On or about June 30, 2022, Defendant KEVIN FOLK caused, permitted, and/or
allowed a Pit Bull Mix dog named Wilson to remain at, near and/or about the aforesaid premises.
81. On or about June 30, 2022, Plaintiff was lawfully at, near or about the aforesaid
premises.
82. On or about June 30, 2022, while Plaintiff was present at, near or about the
aforesaid premises, the aforesaid dog was caused, allowed and/or permitted to approach, menace,
attack and/or bite Plaintiff.
83. Plaintiff was caused to sustain severe and permanent personal injuries.
84. On or about June 30, 2022, Defendant KEVIN FOLK, his agents, servants,
employees and/or licensees failed to properly and/or adequately restrain, supervise, control
and/or manage the aforesaid dog.
85. On or about June 30, 2022, Defendant KEVIN FOLK, his agents, servants,
employees and/or licensees caused, permitted and/or allowed the aforesaid dog to become wild,
unruly, and vicious and possess a ferocious nature and disposition with a propensity to attack
other dogs and human beings.
86. On and prior to June 30, 2022, Defendant KEVIN FOLK, his agents, servants,
employees and/or licensees was aware the aforesaid dog possessed a ferocious nature and
disposition with a propensity to attack other animals and human beings.
87. The aforesaid occurrence was due to the negligence, carelessness and recklessness
of Defendant KEVIN FOLK, his agents, servants, employees and/or licensees in the ownership,
operation, management, supervision and/or control of the aforesaid premises and through no
fault or lack of care on the part of Plaintiff herein.
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88. The aforesaid occurrence was due to the negligence, carelessness and recklessness
of Defendant KEVIN FOLK, his agents, servants, employees and/or licensees in the ownership,
operation, management, supervision and/or control of the aforesaid dog and through no fault or
lack of care on the part of Plaintiff herein.
89. Defendant KEVIN FOLK is strictly liable for the aforesaid occurrence and/or
Plaintiff's resulting injuries.
90. This action falls within one or more of the exceptions set forth in CPLR §1602
including, but not limited to, subsections (2) and (7).
91. As a result of the aforesaid occurrence, Plaintiff was caused to sustain serious
personal injuries, a severe shock to his nervous system and certain internal injuries, and has been
caused to suffer severe physical pain as a result thereof. Some of the aforesaid injuries are of a
permanent and lasting nature. Plaintiff was incapacitated from his usual and customary activities
and was caused to undergo medical care and attention.
92. By reason of the foregoing, Plaintiff has been damaged in an amount which
exceeds the jurisdictional limits of all lower courts.
AS FOR A THIRD CAUSE OF ACATION AGAINST DEFENDANT ALICIA FOLK
93. Plaintiff repeats, reiterates and realleges each and every allegation contained
"1" "92"
herein above in paragraphs through inclusive with the same force and effect as if
hereinafter set forth at length.
94. At all times mentioned herein, Defendant ALICIA FOLK was an owner of the
premises.
95. At all times mentioned herein, Defendant ALICIA FOLK was a lessor of the
premises.
96. At all times mentioned herein, Defendant ALICIA FOLK was a lessee of the
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premises.
97. At all times mentioned herein, Defendants KEV1N FOL and ALICIA FOLK were
co-owner ofthe premises.
98. At all times mentioned herein, Defendant ALICIA FOLK resided at the premises.
99. At all times mentioned herein, Defendant ALICIA FOLK, her agents, servants,
employees and/or licensees operated the premises.
100. At all times mentioned herein, Defendant ALICIA FOLK, her agents, agents,
servants, employees and/or licensees managed the premises.
101. At all times mentioned herein, Defendant ALICIA FOLK, her agents, agents,
servants, employees and/or licensees maintained the premises.
102. At all times mentioned herein, Defendant ALICIA FOLK, her agents, agents,
servants, employees and/or licensees controlled the premises.
103. At all times mentioned herein, Defendant ALICIA FOLK, her agents, agents,
servants, employees and/or licensees inspected the premises.
104. At all times mentioned herein, Defendant ALICIA FOLK, her agents, agents,
servants, employees and/or licensees supervised the premises.
105. At all times mentioned herein, Defendant ALICIA FOLK, her agents, agents,
servants, employees and/or licensees repaired the premises.
106. At all times mentioned herein, Defendant ALICIA FOLK was an owner of a
certain dog.
107. At all times mentioned herein, Defendant ALICIA FOLK was an owner of a dog
named Wilson.
108. At all times mentioned herein, Defendant ALICIA FOLK was an owner of a
certain Pit Bull Mix dog.
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109. At all times mentioned herein, Defendant ALICIA FOLK was an owner of a Pit
Bull Mix dog named Wilson.
110. On or about June 30, 2022, Defendant ALICIA FOLK harbored a certain dog.
111. On or about June 30, 2022, Defendant ALICIA FOLK harbored a dog named
Wilson.
112. At all times mentioned herein, Defendant ALICIA FOLK harbored a certain Pit
Bull Mix dog.
113. On or about June 30, 2022, Defendant ALICIA FOLK harbored a Pit Bull Mix
dog named Wilson.
114. On or about June 30, 2022, Defendant ALICIA FOLK managed a certain dog.
115. On or about June 30, 2022, Defendant ALICIA FOLK managed a dog named
Wilson.
116. At
Preview
FILED: KINGS COUNTY CLERK 04/09/2024 04:55 PM INDEX NO. 510179/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS -----------------------------------------------------X Filed: FERRY LEON, SUMMONS Plaintiff, Plaintiff designates Kings County as the place of trial. -agamst- The basis of venue is Defendants' ZOE KEVIN and ALICIA Residence: FOLK, FOLK, FOLK, 227 Covert Street Brooklyn, New York 11207 Defendants. _____________-________________________Ç 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 attomeys within twenty (20) 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 thirty (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: Bohemia, New York April 9, 2024 NA WALKE3, ESQ. WALKER & MACKENZIE, P.C. Attorneys for Plaintiff 1650 Sycamore Avenue, Suite 19 Bohemia, New York 11716 (631) 791-5090 TO: ZOE FOLK 227 Covert Street Brooldyn, New York 11207 KEVIN FOLK 227 Covert Street Brooklyn, New York 11207 ALICIA FOLK 227 Covert Street Brooklyn, New York 11207 1 of 15 FILED: KINGS COUNTY CLERK 04/09/2024 04:55 PM INDEX NO. 510179/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _______________________________--_Ç FERRY LEON, Index No.: Plaintiff, COMPLAINT -against- ZOE FOLK, KEVIN FOLK, and ALICIA FOLK, Defendants. -____.________________-______________Ç Plaintiff, above named, complaining of the Defendants by his attorneys, WALKER & MACKENZIE, P.C., respectfully alleges, upon information and belief, as follows: 1. At all times mentioned herein, there existed a premises located at 227 Covert Street, Brooklyn, New York (hereinafter "the premises"). AS FOR A FIRST CAUSE OF ACATION AGAINST DEFENDANT ZOE FOLK 2. At all times mentioned herein, Defendant ZOE FOLK was an owner of the premises. 3. At all times mentioned herein, Defendant ZOE FOLK was a lessor of the premises. 4. At all times mentioned herein, Defendant ZOE FOLK was a lessee of the premises. 5. At all times mentioned herein, Defendant ZOE FOLK resided at the premises. 6. At all times mentioned herein, Defendant ZOE FOLK, her agents, servants, employees and/or licensees operated the premises. 7. At all times mentioned herein, Defendant ZOE FOLK, her agents, agents, servants, employees and/or licensees managed the premises. 8. At all times mentioned herein, Defendant ZOE FOLK, her agents, agents, servants, employees and/or licensees maintained the premises. 2 of 15 FILED: KINGS COUNTY CLERK 04/09/2024 04:55 PM INDEX NO. 510179/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 9. At all times mentioned herein, Defendant ZOE FOLK, her agents, agents, servants, employees and/or licensees controlled the premises. 10. At all times mentioned herein, Defendant ZOE FOLK, her agents, agents, servants, employees and/or licensees inspected the premises. 11. At all times mentioned herein, Defendant ZOE FOLK, her agents, agents, servants, employees and/or licensees supervised the premises. 12. At all times mentioned herein, Defendant ZOE FOLK, her agents, agents, servants, employees and/or licensees repaired the premises. 13. At all times mentioned herein, Defendant ZOE FOLK was an owner of a certain dog. 14. At all times mentioned herein, Defendant ZOE FOLK was an owner of a dog named Wilson. 15. At all times mentioned herein, Defendant ZOE FOLK was an owner of a certain Pit Bull Mix dog. 16. At all times mentioned herein, Defendant ZOE FOLK was an owner of a Pit Bull Mix dog named Wilson. 17. On or about June 30, 2022, Defendant ZOE FOLK harbored a certain dog. 18. On or about June 30, 2022, Defendant ZOE FOLK harbored a dog named Wilson. 19. At all times mentioned herein, Defendant ZOE FOLK harbored a certain Pit Bull Mix dog. 20. On or about June 30, 2022, Defendant ZOE FOLK harbored a Pit Bull Mix dog named Wilson. 21. On or about June 30, 2022, Defendant ZOE FOLK managed a certain dog. 22. On or about June 30, 2022, Defendant ZOE FOLK managed a dog named Wilson. 3 of 15 FILED: KINGS COUNTY CLERK 04/09/2024 04:55 PM INDEX NO. 510179/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 23. At all times mentioned herein, Defendant ZOE FOLK managed a certain Pit Bull Mix dog. 24. On or about June 30, 2022, Defendant ZOE FOLK managed a Pit Bull Mix dog named Wilson. 25. On or about June 30, 2022, Defendant ZOE FOLK controlled a certain dog. 26. On or about June 30, 2022, Defendant ZOE FOLK controlled a dog named Wilson. 27. At all times mentioned herein, Defendant ZOE FOLK controlled a certain Pit Bull Mix dog. 28. On or about June 30, 2022, Defendant ZOE FOLK controlled a Pit Bull Mix dog named Wilson. 29. On or about June 30, 2022, Defendant ZOE FOLK supervised a certain dog. 30. On or about June 30, 2022, Defendant ZOE FOLK supervised a dog named Wilson. 31. At all times mentioned herein, Defendant ZOE FOLK supervised a certain Pit Bull Mix dog. 32. On or about June 30, 2022, Defendant ZOE FOLK supervised a Pit Bull Mix dog named Wilson. 33. On or about June 30, 2022, Defendant ZOE FOLK caused, permitted, and/or allowed a certain Pit Bull Mix dog to remain at, near and/or about the aforesaid premises. 34. On or about June 30, 2022, Defendant ZOE FOLK caused, permitted, and/or allowed a Pit Bull Mix dog named Wilson to remain at, near and/or about the aforesaid premises. 35. On or about June 30, 2022, Plaintiff was lawfully at, near or about the aforesaid premises. 4 of 15 FILED: KINGS COUNTY CLERK 04/09/2024 04:55 PM INDEX NO. 510179/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 36. On or about June 30, 2022, while Plaintiff was present at, near or about the aforesaid premises, the aforesaid dog was caused, allowed and/or permitted to approach, menace, attack and/or bite Plaintiff. 37. Plaintiff was caused to sustain severe and permanent personal injuries. 38. On or about June 30, 2022, Defendant ZOE FOLK, her agents, servants, employees and/or licensees failed to properly and/or adequately restrain, supervise, control and/or manage the aforesaid dog. 39. On or about June 30, 2022, Defendant ZOE FOLK, her agents, servants, employees and/or licensees caused, pennitted and/or allowed the aforesaid dog to become wild, unruly, and vicious and possess a ferocious nature and disposition with a propensity to attack other dogs and human beings. 40. On and prior to June 30, 2022, Defendant ZOE FOLK, her agents, servants, employees and/or licensees was aware the aforesaid dog possessed a ferocious nature and disposition with a propensity to attack other animals and human beings. 41. The aforesaid occurrence was due to the negligence, carelessness and recklessness of Defendant ZOE FOLK, her agents, servants, employees and/or licensees in the ownership, operation, management, supervision and/or control of the aforesaid premises and through no fault or lack of care on the part of Plaintiff herein. 42. The aforesaid occurrence was due to the negligence, carelessness and recklessness of Defendant ZOE FOLK, her agents, servants, employees and/or licensees in the ownership, operation, management, supervision and/or control of the aforesaid dog and through no fault or lack of care on the part of Plaintiff herein. 43. Defendant ZOE FOLK is strictly liable for the aforesaid occurrence and/or Plaintiff's resulting injuries. 5 of 15 FILED: KINGS COUNTY CLERK 04/09/2024 04:55 PM INDEX NO. 510179/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 44. This action falls within one or more of the exceptions set forth in CPLR §1602 including, but not limited to, subsections (2) and (7). 45. As a result of the aforesaid occurrence, Plaintiff was caused to sustain serious personal injuries, a severe shock to his nervous system and certain internal injuries, and has been caused to suffer severe physical pain as a result thereof. Some of the aforesaid injuries are of a pennanent and lasting nature. Plaintiff was incapacitated from his usual and customary activities and was caused to undergo medical care and attention. 46. By reason of the foregoing, Plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts. AS FOR A SECOND CAUSE OF ACATION AGAINST DEFENDANT KEVIN FOLK 47. Plaintiff repeats, reiterates and realleges each and every allegation contained "1" "46" herein above in paragraphs through inclusive with the same force and effect as if hereinafter set forth at length. 48. At all times mentioned herein, Defendant KEVIN FOLK was an owner of the premises. 49. At all times mentioned herein, Defendant KEVIN FOLK was a lessor of the premises. 50. At all times mentioned herein, Defendant KEVIN FOLK was a lessee of the premises. 51. At all times mentioned herein, Defendant KEVIN FOLK resided at the premises. 52. At all times mentioned herein, Defendant KEVIN FOLK, his agents, selvants, employees and/or licensees operated the premises. 53. At all times mentioned herein, Defendant KEVIN FOLK, his agents, agents, 6 of 15 FILED: KINGS COUNTY CLERK 04/09/2024 04:55 PM INDEX NO. 510179/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 servants, employees and/or licensees managed the premises. 54. At all times mentioned herein, Defendant KEVIN FOLK, his agents, agents, servants, employees and/or licensees maintained the premises. 55. At all times mentioned herein, Defendant KEVIN FOLK, his agents, agents, servants, employees and/or licensees controlled the premises. 56. At all times mentioned herein, Defendant KEVIN FOLK, his agents, agents, servants, employees and/or licensees inspected the premises. 57. At all times mentioned herein, Defendant KEVIN FOLK, his agents, agents, servants, employees and/or licensees supervised the premises. 58. At all times mentioned herein, Defendant KEVIN FOLK, his agents, agents, servants, employees and/or licensees repaired the premises. 59. At all times mentioned herein, Defendant KEVIN FOLK was an owner of a certain dog. 60. At all times mentioned herein, Defendant KEVIN FOLK was an owner of a dog named Wilson. 61. At all times mentioned herein, Defendant KEVIN FOLK was an owner of a certain Pit Bull Mix dog. 62. At all times mentioned herein, Defendant KEVIN FOLK was an owner of a Pit Bull Mix dog named Wilson. 63. On or about June 30, 2022, Defendant KEVIN FOLK harbored a certain dog. 64. On or about June 30, 2022, Defendant KEVIN FOLK harbored a dog named Wilson. 65. At all times mentioned herein, Defendant KEVIN FOLK harbored a certain Pit Bull Mix dog. 7 of 15 FILED: KINGS COUNTY CLERK 04/09/2024 04:55 PM INDEX NO. 510179/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 66. On or about June 30, 2022, Defendant KEVIN FOLK harbored a Pit Bull Mix dog named Wilson. 67. On or about June 30, 2022, Defendant KEVIN FOLK managed a certain dog. 68. On or about June 30, 2022, Defendant KEVIN FOLK managed a dog named Wilson. 69. At all times mentioned herein, Defendant KEVIN FOLK managed a Pit Bull Mix dog. 70. On or about June 30, 2022, Defendant KEVIN FOLK K managed a Pit Bull Mix dog named Wilson. 71. On or about June 30, 2022, Defendant KEVIN FOLK controlled a certain dog. 72. On or about June 30, 2022, Defendant KEVIN FOLK controlled a dog named Wilson. 73. At all times mentioned herein, Defendant KEVIN FOLK controlled a certain Pit Bull Mix dog. 74. On or about June 30, 2022, Defendant KEVIN FOLK controlled a Pit Bull Mix dog named Wilson. 75. On or about June 30, 2022, Defendant KEVIN FOLK supervised a certain dog. 76. On or about June 30, 2022, Defendant KEVIN FOLK supervised a dog named Wilson. 77. At all times mentioned herein, Defendant KEVIN FOLK supervised a certain Pit Bull Mix dog. 78. On or about June 30, 2022, Defendant KEVIN FOLK supervised a Pit Bull Mix dog named Wilson. 8 of 15 FILED: KINGS COUNTY CLERK 04/09/2024 04:55 PM INDEX NO. 510179/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 79. On or about June 30, 2022, Defendant KEVIN FOLK caused, permitted, and/or allowed a certain Pit Bull Mix dog to remain at, near and/or about the aforesaid premises. 80. On or about June 30, 2022, Defendant KEVIN FOLK caused, permitted, and/or allowed a Pit Bull Mix dog named Wilson to remain at, near and/or about the aforesaid premises. 81. On or about June 30, 2022, Plaintiff was lawfully at, near or about the aforesaid premises. 82. On or about June 30, 2022, while Plaintiff was present at, near or about the aforesaid premises, the aforesaid dog was caused, allowed and/or permitted to approach, menace, attack and/or bite Plaintiff. 83. Plaintiff was caused to sustain severe and permanent personal injuries. 84. On or about June 30, 2022, Defendant KEVIN FOLK, his agents, servants, employees and/or licensees failed to properly and/or adequately restrain, supervise, control and/or manage the aforesaid dog. 85. On or about June 30, 2022, Defendant KEVIN FOLK, his agents, servants, employees and/or licensees caused, permitted and/or allowed the aforesaid dog to become wild, unruly, and vicious and possess a ferocious nature and disposition with a propensity to attack other dogs and human beings. 86. On and prior to June 30, 2022, Defendant KEVIN FOLK, his agents, servants, employees and/or licensees was aware the aforesaid dog possessed a ferocious nature and disposition with a propensity to attack other animals and human beings. 87. The aforesaid occurrence was due to the negligence, carelessness and recklessness of Defendant KEVIN FOLK, his agents, servants, employees and/or licensees in the ownership, operation, management, supervision and/or control of the aforesaid premises and through no fault or lack of care on the part of Plaintiff herein. 9 of 15 FILED: KINGS COUNTY CLERK 04/09/2024 04:55 PM INDEX NO. 510179/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 88. The aforesaid occurrence was due to the negligence, carelessness and recklessness of Defendant KEVIN FOLK, his agents, servants, employees and/or licensees in the ownership, operation, management, supervision and/or control of the aforesaid dog and through no fault or lack of care on the part of Plaintiff herein. 89. Defendant KEVIN FOLK is strictly liable for the aforesaid occurrence and/or Plaintiff's resulting injuries. 90. This action falls within one or more of the exceptions set forth in CPLR §1602 including, but not limited to, subsections (2) and (7). 91. As a result of the aforesaid occurrence, Plaintiff was caused to sustain serious personal injuries, a severe shock to his nervous system and certain internal injuries, and has been caused to suffer severe physical pain as a result thereof. Some of the aforesaid injuries are of a permanent and lasting nature. Plaintiff was incapacitated from his usual and customary activities and was caused to undergo medical care and attention. 92. By reason of the foregoing, Plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts. AS FOR A THIRD CAUSE OF ACATION AGAINST DEFENDANT ALICIA FOLK 93. Plaintiff repeats, reiterates and realleges each and every allegation contained "1" "92" herein above in paragraphs through inclusive with the same force and effect as if hereinafter set forth at length. 94. At all times mentioned herein, Defendant ALICIA FOLK was an owner of the premises. 95. At all times mentioned herein, Defendant ALICIA FOLK was a lessor of the premises. 96. At all times mentioned herein, Defendant ALICIA FOLK was a lessee of the 10 of 15 FILED: KINGS COUNTY CLERK 04/09/2024 04:55 PM INDEX NO. 510179/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 premises. 97. At all times mentioned herein, Defendants KEV1N FOL and ALICIA FOLK were co-owner ofthe premises. 98. At all times mentioned herein, Defendant ALICIA FOLK resided at the premises. 99. At all times mentioned herein, Defendant ALICIA FOLK, her agents, servants, employees and/or licensees operated the premises. 100. At all times mentioned herein, Defendant ALICIA FOLK, her agents, agents, servants, employees and/or licensees managed the premises. 101. At all times mentioned herein, Defendant ALICIA FOLK, her agents, agents, servants, employees and/or licensees maintained the premises. 102. At all times mentioned herein, Defendant ALICIA FOLK, her agents, agents, servants, employees and/or licensees controlled the premises. 103. At all times mentioned herein, Defendant ALICIA FOLK, her agents, agents, servants, employees and/or licensees inspected the premises. 104. At all times mentioned herein, Defendant ALICIA FOLK, her agents, agents, servants, employees and/or licensees supervised the premises. 105. At all times mentioned herein, Defendant ALICIA FOLK, her agents, agents, servants, employees and/or licensees repaired the premises. 106. At all times mentioned herein, Defendant ALICIA FOLK was an owner of a certain dog. 107. At all times mentioned herein, Defendant ALICIA FOLK was an owner of a dog named Wilson. 108. At all times mentioned herein, Defendant ALICIA FOLK was an owner of a certain Pit Bull Mix dog. 11 of 15 FILED: KINGS COUNTY CLERK 04/09/2024 04:55 PM INDEX NO. 510179/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 109. At all times mentioned herein, Defendant ALICIA FOLK was an owner of a Pit Bull Mix dog named Wilson. 110. On or about June 30, 2022, Defendant ALICIA FOLK harbored a certain dog. 111. On or about June 30, 2022, Defendant ALICIA FOLK harbored a dog named Wilson. 112. At all times mentioned herein, Defendant ALICIA FOLK harbored a certain Pit Bull Mix dog. 113. On or about June 30, 2022, Defendant ALICIA FOLK harbored a Pit Bull Mix dog named Wilson. 114. On or about June 30, 2022, Defendant ALICIA FOLK managed a certain dog. 115. On or about June 30, 2022, Defendant ALICIA FOLK managed a dog named Wilson. 116. At