Preview
FILED: KINGS COUNTY CLERK 04/09/2024 10:23 AM INDEX NO. 510073/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
SUPREME COURT OF THE STATE OF NEW YORK FILED:
COUNTY OF KINGS INDEX NO:
-----------------------------------------------------------------------X
ANGELO ESTRADA, SUMMONS
Plaintiff, Plaintiff designates
KINGS County
-against- as the place of trial.
PRESTIGE ASSOCIATES LLC, The basis of venue is:
Defendant’s place of
Defendant. business.
-----------------------------------------------------------------------X
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, to, if the complaint is not served with the 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 your
failure to appear or answer, judgment will be taken against you by default for the relief demanded
herein.
Dated: New York, New York
April 9, 2024
The nature of this action is for injuries sustained as a result of the Defendants’ negligence.
The relief sought is monetary damages.
LIAKAS LAW P.C.
/s/
_______________________
By: Salah Shawa, Esq.
Attorney for Plaintiff
40 Wall Street, 50th Floor
New York, New York 10005
(212) 937-7765
Failure to respond, a judgment will be against you, by default and interest from July 28, 2023.
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Names and Addresses of Defendants:
PRESTIGE ASSOCIATES LLC
P.O. BOX 231 027
Great Neck, NY 11023
PRESTIGE ASSOCIATES LLC
c/o Jonathan Malinas
829 Empire Blvd.
Brooklyn, NY 11213
PRESTIGE ASSOCIATES LLC
382 E 199th St.
Bronx, NY 10458
PRESTIGE ASSOCIATES LLC
c/o Janitorial Supplies Plus
733 Livonia Ave.
Brooklyn, NY 11207
**PLEASE FORWARD THIS DOCUMENT TO YOUR INSURANCE COMPANY EVEN
IF YOU DO NOT THINK IT HAS MERIT**
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS FILED:
----------------------------------------------------------------------X INDEX NO:
ANGELO ESTRADA,
Plaintiff, VERIFIED COMPLAINT
-against-
PRESTIGE ASSOCIATES LLC,
Defendant.
-----------------------------------------------------------------------X
Plaintiff, by his attorneys, LIAKAS LAW, P.C., complaining of the Defendants herein,
respectfully shows to this Court and alleges as follows:
1. That Plaintiff, ANGELO ESTRADA, at all times herein mentioned, was and still is a resident
of the County of Bronx, City and State of New York.
2. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, was an entity organized and existing under and by
virtue of the laws of the State of New York.
3. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, was and still is a corporation organized and existing
under and by virtue of the laws of the State of New York.
4. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, was and still is a foreign corporation authorized to do
business under and by virtue of the laws of the State of New York.
5. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, maintained a principal place of business in the State of
New York.
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6. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, conducted and carried on business in the State of New
York.
7. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, transacted business within the State of New York.
8. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, derived substantial revenue from goods used or
consumed or services rendered in the State of New York.
9. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, expected or should have reasonably expected its acts to
have consequences in the County of Bronx, City and State of New York.
10. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, owned the premises, located at 382 E 199th Street,
County of Bronx, City and State of New York.
11. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, was the lessor of the premises, located at 382 E 199th
Street, County of Bronx, City and State of New York.
12. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, was the lessee of the premises, located at 382 E 199th
Street, County of Bronx, City and State of New York.
13. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees
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managed the premises, located at 382 E 199th Street, County of Bronx, City and State of New
York.
14. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees
operated the premises, located at 382 E 199th Street, County of Bronx, City and State of New
York.
15. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees
maintained the premises, located at 382 E 199th Street, County of Bronx, City and State of
New York.
16. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees
controlled the premises, located at 382 E 199th Street, County of Bronx, City and State of
New York.
17. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees
supervised the premises, located at 382 E 199th Street, County of Bronx, City and State of
New York.
18. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, Defendant’s servants, agents, and/or employees
inspected the premises, located at 382 E 199th Street, County of Bronx, City and State of
New York.
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19. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees
repaired the premises, located at 382 E 199th Street, County of Bronx, City and State of New
York.
20. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees
designed the premises, located at 382 E 199th Street, County of Bronx, City and State of New
York.
21. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees
renovated the premises, located at 382 E 199th Street, County of Bronx, City and State of
New York.
22. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees
constructed the premises, located at 382 E 199th Street, County of Bronx, City and State of
New York.
23. That at all the times hereinafter alleged, and upon information and belief, it was the duty of
Defendant, PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or
employees to maintain said premises, more specifically the sidewalk adjacent to and/or in
close proximity to said premises located at 382 E 199th Street, County of Kings, City and
State of New York, in a reasonably safe and suitable condition.
24. That at all the times hereinafter alleged, and upon information and belief, it was the duty of
Defendant, PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or
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employees to maintain said premises, more specifically the sidewalk adjacent to and/or in
close proximity to said premises located at 382 E 199th Street, County of Bronx, City and
State of New York, in a reasonably safe and suitable condition.
25. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, was negligent in hiring, retaining and supervising staff
who were responsible for maintaining and monitoring the premises located at 382 E 199th
Street, County of Bronx, City and State of New York, in a reasonably safe and suitable
condition.
26. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
PRESTIGE ASSOCIATES LLC, was negligent in training staff to monitor the premises
located at 382 E 199th Street, County of Bronx, City and State of New York, in a reasonably
safe and suitable condition.
27. That at all the times hereinafter alleged, and upon information and belief, the Defendant, the
Defendant, PRESTIGE ASSOCIATES LLC, was negligent in hiring, retaining and
supervising staff who were responsible for repairing the premises located at 382 E 199th
Street, County of Bronx, City and State of New York, in a reasonably safe and suitable
condition.
28. That on or about July 28, 2023, the Plaintiff, ANGELO ESTRADA, was lawfully upon the
aforesaid premises.
29. That on or about July 28, 2023, the Plaintiff, ANGELO ESTRADA, was caused to be
seriously injured when he was caused to trip and fall due to a broken, cracked, depressed,
misaligned, uneven and/or otherwise defective condition at the aforesaid premises.
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30. That this occurrence was caused by reason of the negligence, carelessness and recklessness of
the Defendant(s), and/or Defendant’s agents, servants and/or employees, in the ownership,
management, maintenance, control, supervision, inspection, repair, design, renovation and
construction of the aforesaid premises, located at 382 E 199th Street, County of Bronx, City
and State of New York; in creating said broken, cracked, depressed, misaligned, uneven and
defective condition; in failing to properly inspect, remedy and/or remove said dangerous
condition.
31. The Defendant(s), herein was negligent, reckless and careless in that they violated its duties to
persons lawfully on the aforesaid premises and to this Plaintiff, ANGELO ESTRADA, in
particular, in knowingly, permitting, suffering and allowing a defective, dangerous, trap like
condition to be present at the aforesaid premises, become and remain in a defective, dangerous
and unsafe, and were further negligent in failing to take suitable precautions for the safety of
persons lawfully at the aforesaid premises. Specifically, in failing to give any notice or warning
to Plaintiff of said dangerous condition.
32. That the aforesaid accident and the injuries resulting therefrom were due solely and wholly, as
the result of the careless and negligent manner in which the Defendant(s) owned, managed,
operated, maintained, controlled, supervised, inspected, repaired, designed, renovated, and
constructed the aforesaid premises, without the Plaintiff contributing in any way thereto.
33. That by reason of the foregoing and the negligence of Defendant(s), the Plaintiff, ANGELO
ESTRADA, was severely injured, bruised and wounded, suffered, still suffers and will
continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame
and disabled and so remained for a considerable length of time.
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34. That by reason of the foregoing, the Plaintiff, ANGELO ESTRADA, was compelled to and
did necessarily require medical aid and attention, and did necessarily pay and become liable
therefore, for medicines and upon information and belief, Plaintiff will necessarily incur
similar expenses.
35. That by reason of the foregoing, the Plaintiff, ANGELO ESTRADA, has been unable to
attend to his usual occupation in the manner required.
36. That one or more of the provisions of §1602 of the Civil Practice Law and Rules do apply to
the within action.
37. That as a result of the foregoing, the Plaintiff, ANGELO ESTRADA, sustained damages in
an amount which exceeds the jurisdictional limits of all other Courts which would otherwise
have jurisdiction.
38. That by reason of the foregoing, the Plaintiff, ANGELO ESTRADA, was damaged in an
amount exceeding seventy-five thousand dollars.
WHEREFORE, the Plaintiff, ANGELO ESTRADA, demands judgment against the
Defendant in an amount which exceeds the jurisdictional limits of all other Courts which would
otherwise have jurisdiction herein, together with costs and disbursements of this action, and with
interest from the date of the accident, in an amount to be determined upon trial of this action.
Dated: New York, New York
April 9, 2024
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LIAKAS LAW, P.C.
/s/
_______________________
By: Salah Shawa, Esq.
Attorney for Plaintiff
40 Wall Street, 50th Floor
New York, New York 10005
(212) 937-7765
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ATTORNEY VERIFICATION
STATE OF NEW YORK )
) ss
COUNTY OF KINGS )
I, the undersigned, an attorney admitted to practice in the courts of New York State, state under
penalty of perjury that I am one of the attorneys for Plaintiff in the within action; I have read the
foregoing SUMMONS AND VERIFIED 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 as to those matters I believe to be true. The reason this verification is made by me
and not by my client, is that my client is not presently in the County where I maintain my offices.
The grounds of my belief as to all matters not stated upon my own knowledge are the materials in
my file and the investigations conducted by my office.
Dated: New York, New York
April 9, 2024
LIAKAS LAW, P.C.
/s/
__________________________
By: Salah Shawa, Esq.
Attorney for Plaintiff
40 Wall Street, 50th Floor
New York, New York 10005
(212) 937-7765
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_____________________________________________________________________________
ANGELO ESTRADA,
Plaintiff,
-against-
PRESTIGE ASSOCIATES LLC,
Defendant.
______________________________________________________________________________
LIAKAS LAW, P.C.
40 Wall Street, 50th Floor
New York, New York 10005
212.937.7765
______________________________________________________________________________
SUMMONS AND VERIFIED COMPLAINT
______________________________________________________________________________
STATE OF NEW YORK, COUNTY OF YORK, SS:
SALAH SHAWA, the undersigned, an attorney admitted to practice in the Courts of New
York State, affirms the following:
I further certify that my signature below acts as a “certification” for the documents
attached hereto, in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22
NYCRR).
Dated: New York, New York
April 9, 2024 /s/
___________________
Salah Shawa, Esq.
______________________________________________________________________________
PLEASE TAKE NOTICE
() that the within is a (certified) true copy of a Notice of entered in the Office of the clerk of
the within Entry named Court on
() that an Order of which the within is a true copy will be presented for Notice of settlement
to the Hon. one of the Judges of the Settlement within named Court, on at
______________________________________________________________________________
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Preview
FILED: KINGS COUNTY CLERK 04/09/2024 10:23 AM INDEX NO. 510073/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT OF THE STATE OF NEW YORK FILED: COUNTY OF KINGS INDEX NO: -----------------------------------------------------------------------X ANGELO ESTRADA, SUMMONS Plaintiff, Plaintiff designates KINGS County -against- as the place of trial. PRESTIGE ASSOCIATES LLC, The basis of venue is: Defendant’s place of Defendant. business. -----------------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, to, if the complaint is not served with the 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 your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. Dated: New York, New York April 9, 2024 The nature of this action is for injuries sustained as a result of the Defendants’ negligence. The relief sought is monetary damages. LIAKAS LAW P.C. /s/ _______________________ By: Salah Shawa, Esq. Attorney for Plaintiff 40 Wall Street, 50th Floor New York, New York 10005 (212) 937-7765 Failure to respond, a judgment will be against you, by default and interest from July 28, 2023. 1 of 12 FILED: KINGS COUNTY CLERK 04/09/2024 10:23 AM INDEX NO. 510073/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 Names and Addresses of Defendants: PRESTIGE ASSOCIATES LLC P.O. BOX 231 027 Great Neck, NY 11023 PRESTIGE ASSOCIATES LLC c/o Jonathan Malinas 829 Empire Blvd. Brooklyn, NY 11213 PRESTIGE ASSOCIATES LLC 382 E 199th St. Bronx, NY 10458 PRESTIGE ASSOCIATES LLC c/o Janitorial Supplies Plus 733 Livonia Ave. Brooklyn, NY 11207 **PLEASE FORWARD THIS DOCUMENT TO YOUR INSURANCE COMPANY EVEN IF YOU DO NOT THINK IT HAS MERIT** 2 of 12 FILED: KINGS COUNTY CLERK 04/09/2024 10:23 AM INDEX NO. 510073/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS FILED: ----------------------------------------------------------------------X INDEX NO: ANGELO ESTRADA, Plaintiff, VERIFIED COMPLAINT -against- PRESTIGE ASSOCIATES LLC, Defendant. -----------------------------------------------------------------------X Plaintiff, by his attorneys, LIAKAS LAW, P.C., complaining of the Defendants herein, respectfully shows to this Court and alleges as follows: 1. That Plaintiff, ANGELO ESTRADA, at all times herein mentioned, was and still is a resident of the County of Bronx, City and State of New York. 2. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, was an entity organized and existing under and by virtue of the laws of the State of New York. 3. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, was and still is a corporation organized and existing under and by virtue of the laws of the State of New York. 4. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, was and still is a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 5. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, maintained a principal place of business in the State of New York. 3 of 12 FILED: KINGS COUNTY CLERK 04/09/2024 10:23 AM INDEX NO. 510073/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 6. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, conducted and carried on business in the State of New York. 7. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, transacted business within the State of New York. 8. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, derived substantial revenue from goods used or consumed or services rendered in the State of New York. 9. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, expected or should have reasonably expected its acts to have consequences in the County of Bronx, City and State of New York. 10. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, owned the premises, located at 382 E 199th Street, County of Bronx, City and State of New York. 11. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, was the lessor of the premises, located at 382 E 199th Street, County of Bronx, City and State of New York. 12. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, was the lessee of the premises, located at 382 E 199th Street, County of Bronx, City and State of New York. 13. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees 4 of 12 FILED: KINGS COUNTY CLERK 04/09/2024 10:23 AM INDEX NO. 510073/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 managed the premises, located at 382 E 199th Street, County of Bronx, City and State of New York. 14. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees operated the premises, located at 382 E 199th Street, County of Bronx, City and State of New York. 15. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees maintained the premises, located at 382 E 199th Street, County of Bronx, City and State of New York. 16. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees controlled the premises, located at 382 E 199th Street, County of Bronx, City and State of New York. 17. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees supervised the premises, located at 382 E 199th Street, County of Bronx, City and State of New York. 18. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, Defendant’s servants, agents, and/or employees inspected the premises, located at 382 E 199th Street, County of Bronx, City and State of New York. 5 of 12 FILED: KINGS COUNTY CLERK 04/09/2024 10:23 AM INDEX NO. 510073/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 19. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees repaired the premises, located at 382 E 199th Street, County of Bronx, City and State of New York. 20. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees designed the premises, located at 382 E 199th Street, County of Bronx, City and State of New York. 21. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees renovated the premises, located at 382 E 199th Street, County of Bronx, City and State of New York. 22. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees constructed the premises, located at 382 E 199th Street, County of Bronx, City and State of New York. 23. That at all the times hereinafter alleged, and upon information and belief, it was the duty of Defendant, PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or employees to maintain said premises, more specifically the sidewalk adjacent to and/or in close proximity to said premises located at 382 E 199th Street, County of Kings, City and State of New York, in a reasonably safe and suitable condition. 24. That at all the times hereinafter alleged, and upon information and belief, it was the duty of Defendant, PRESTIGE ASSOCIATES LLC, and Defendant’s servants, agents and/or 6 of 12 FILED: KINGS COUNTY CLERK 04/09/2024 10:23 AM INDEX NO. 510073/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 employees to maintain said premises, more specifically the sidewalk adjacent to and/or in close proximity to said premises located at 382 E 199th Street, County of Bronx, City and State of New York, in a reasonably safe and suitable condition. 25. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, was negligent in hiring, retaining and supervising staff who were responsible for maintaining and monitoring the premises located at 382 E 199th Street, County of Bronx, City and State of New York, in a reasonably safe and suitable condition. 26. That at all the times hereinafter alleged, and upon information and belief, the Defendant, PRESTIGE ASSOCIATES LLC, was negligent in training staff to monitor the premises located at 382 E 199th Street, County of Bronx, City and State of New York, in a reasonably safe and suitable condition. 27. That at all the times hereinafter alleged, and upon information and belief, the Defendant, the Defendant, PRESTIGE ASSOCIATES LLC, was negligent in hiring, retaining and supervising staff who were responsible for repairing the premises located at 382 E 199th Street, County of Bronx, City and State of New York, in a reasonably safe and suitable condition. 28. That on or about July 28, 2023, the Plaintiff, ANGELO ESTRADA, was lawfully upon the aforesaid premises. 29. That on or about July 28, 2023, the Plaintiff, ANGELO ESTRADA, was caused to be seriously injured when he was caused to trip and fall due to a broken, cracked, depressed, misaligned, uneven and/or otherwise defective condition at the aforesaid premises. 7 of 12 FILED: KINGS COUNTY CLERK 04/09/2024 10:23 AM INDEX NO. 510073/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 30. That this occurrence was caused by reason of the negligence, carelessness and recklessness of the Defendant(s), and/or Defendant’s agents, servants and/or employees, in the ownership, management, maintenance, control, supervision, inspection, repair, design, renovation and construction of the aforesaid premises, located at 382 E 199th Street, County of Bronx, City and State of New York; in creating said broken, cracked, depressed, misaligned, uneven and defective condition; in failing to properly inspect, remedy and/or remove said dangerous condition. 31. The Defendant(s), herein was negligent, reckless and careless in that they violated its duties to persons lawfully on the aforesaid premises and to this Plaintiff, ANGELO ESTRADA, in particular, in knowingly, permitting, suffering and allowing a defective, dangerous, trap like condition to be present at the aforesaid premises, become and remain in a defective, dangerous and unsafe, and were further negligent in failing to take suitable precautions for the safety of persons lawfully at the aforesaid premises. Specifically, in failing to give any notice or warning to Plaintiff of said dangerous condition. 32. That the aforesaid accident and the injuries resulting therefrom were due solely and wholly, as the result of the careless and negligent manner in which the Defendant(s) owned, managed, operated, maintained, controlled, supervised, inspected, repaired, designed, renovated, and constructed the aforesaid premises, without the Plaintiff contributing in any way thereto. 33. That by reason of the foregoing and the negligence of Defendant(s), the Plaintiff, ANGELO ESTRADA, was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled and so remained for a considerable length of time. 8 of 12 FILED: KINGS COUNTY CLERK 04/09/2024 10:23 AM INDEX NO. 510073/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 34. That by reason of the foregoing, the Plaintiff, ANGELO ESTRADA, was compelled to and did necessarily require medical aid and attention, and did necessarily pay and become liable therefore, for medicines and upon information and belief, Plaintiff will necessarily incur similar expenses. 35. That by reason of the foregoing, the Plaintiff, ANGELO ESTRADA, has been unable to attend to his usual occupation in the manner required. 36. That one or more of the provisions of §1602 of the Civil Practice Law and Rules do apply to the within action. 37. That as a result of the foregoing, the Plaintiff, ANGELO ESTRADA, sustained damages in an amount which exceeds the jurisdictional limits of all other Courts which would otherwise have jurisdiction. 38. That by reason of the foregoing, the Plaintiff, ANGELO ESTRADA, was damaged in an amount exceeding seventy-five thousand dollars. WHEREFORE, the Plaintiff, ANGELO ESTRADA, demands judgment against the Defendant in an amount which exceeds the jurisdictional limits of all other Courts which would otherwise have jurisdiction herein, together with costs and disbursements of this action, and with interest from the date of the accident, in an amount to be determined upon trial of this action. Dated: New York, New York April 9, 2024 9 of 12 FILED: KINGS COUNTY CLERK 04/09/2024 10:23 AM INDEX NO. 510073/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 LIAKAS LAW, P.C. /s/ _______________________ By: Salah Shawa, Esq. Attorney for Plaintiff 40 Wall Street, 50th Floor New York, New York 10005 (212) 937-7765 10 of 12 FILED: KINGS COUNTY CLERK 04/09/2024 10:23 AM INDEX NO. 510073/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 ATTORNEY VERIFICATION STATE OF NEW YORK ) ) ss COUNTY OF KINGS ) I, the undersigned, an attorney admitted to practice in the courts of New York State, state under penalty of perjury that I am one of the attorneys for Plaintiff in the within action; I have read the foregoing SUMMONS AND VERIFIED 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 as to those matters I believe to be true. The reason this verification is made by me and not by my client, is that my client is not presently in the County where I maintain my offices. The grounds of my belief as to all matters not stated upon my own knowledge are the materials in my file and the investigations conducted by my office. Dated: New York, New York April 9, 2024 LIAKAS LAW, P.C. /s/ __________________________ By: Salah Shawa, Esq. Attorney for Plaintiff 40 Wall Street, 50th Floor New York, New York 10005 (212) 937-7765 11 of 12 FILED: KINGS COUNTY CLERK 04/09/2024 10:23 AM INDEX NO. 510073/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________________________________ ANGELO ESTRADA, Plaintiff, -against- PRESTIGE ASSOCIATES LLC, Defendant. ______________________________________________________________________________ LIAKAS LAW, P.C. 40 Wall Street, 50th Floor New York, New York 10005 212.937.7765 ______________________________________________________________________________ SUMMONS AND VERIFIED COMPLAINT ______________________________________________________________________________ STATE OF NEW YORK, COUNTY OF YORK, SS: SALAH SHAWA, the undersigned, an attorney admitted to practice in the Courts of New York State, affirms the following: I further certify that my signature below acts as a “certification” for the documents attached hereto, in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR). Dated: New York, New York April 9, 2024 /s/ ___________________ Salah Shawa, Esq. ______________________________________________________________________________ PLEASE TAKE NOTICE () that the within is a (certified) true copy of a Notice of entered in the Office of the clerk of the within Entry named Court on () that an Order of which the within is a true copy will be presented for Notice of settlement to the Hon. one of the Judges of the Settlement within named Court, on at ______________________________________________________________________________ 12 of 12