Preview
FILED: BRONX COUNTY CLERK 04/15/2024 03:25 PM INDEX NO. 806131/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024
SUPREME COURT OF THE STATE OF NEW YORK Index No.
COUNTY OF BRONX
-------------------------------------------X Date Filed:
LAUREANA HERRERA LUCERO,
Plaintiff designates:
Plaintiff, BRONX as the place of
County
-against-
trial
2406 LORILLARD LLC and HORIZON REAL ESTATE
The basis of venue is:
PARTNERS CORPORATION, .
Location of Occurrence
Defendants.
____________ _-------------..-_ _ _ _ ____-------Ç S U MM O N S
Plaintiff's address:
2406 Lorillard Place
Bronx, NY 10458
To the above named Defendant(s):
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 attorney, within 20 days after the service of this summons, exclusive
of the day of service (or within 30 days after the service is complete if this summons is not
personally delivered to you within the State ofNew York); and 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: Bronx, New York
April 10, 2024
PEÑA & KAHN, PLLC
Attorneys for Plaintiff
Office & P. O. Address
1250 Waters Place, Ste. 901
Bronx, New York 10461
(718) 585-6551
Our File No.: 09617
By:
ERIC J. GOTTFRIED
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Defendants'
Addresses:
2406 Lorillard LLC
c/o Horizon Real Estate
200 E. 82nd Street Apt, 14A
New York, NY 10028
HORIZON REAL ESTATE PARTNERS CORPORATION
c/o Horizon Real Estate Property Services Corp
120 East 34th Street 10N
New York, NY 10016
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SUPREM.E COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
_______________________________--______________Ç
LAUREANA HERRERA LUCERO, VERIFIED COMPLAINT
Plaintiff,
-against-
2406 LORILLARD LLC and HORIZON REAL
ESTATE PARTNERS CORPORATION,
Defendants.
--__________..---...--..--...._____.._______Ç
Plaintiff, by her attorneys, PENA & KAHN, PLLC, complaining of the defendants, all
upon information and belief, respectfully states and alleges as follows:
1. That at all times herein mentioned, the plaintiff was a resident of the County of
Bronx, and State of New York.
2. That the occurrence which gave rise to this cause of action took place in the County
of Bronx, and State of New York.
3. That at all times herein mentioned, defendant 2406 LORILLARD LLC (hereinafter
referred to as "LORILLARD") was a domestic corporation duly organized and
existing under and by the virtues of the laws of the State of New York.
4. That at all times herein mentioned, defendant LORILLARD was a foreign
corporation duly authorized to do business within the State of New York.
5. That at all times herein mentioned, defendant LORILLARD was a partnership
transacting business in the State of New York.
6. That at all times herein mentioned, defendant LORILLARD was a business entity
doing business within the State of New York.
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7. That at all times herein mentioned, defendant HORIZON REAL ESTATE
PARTNERS CORPORATION (hereinafter referred to as "HORIZON") was a
domestic corporation duly organized and existing under and by the virtues of the
laws of the State of New York.
8. That at all times herein mentioned, defendant HORIZON was a foreign corporation
duly authorized to do business within the State of New York.
9. That at all times herein mentioned, defendant HORIZON was a partnership
transacting business in the State of New York.
10. That at all times herein mentioned, defendant HORIZON was a business entity
doing business within the State of New York.
11. That on May 25, 2023, defendant LORILLARD was the owner of the subject
premises located at 2406 Lorillard Place, Bronx, New York 10458 also known as
Block 3056 and Lot 1.
12. That on said date, defendant LORILLARD was a lessor of the subject premises.
13. That on said date, defendant LORILLARD was a lessee of the subject premises.
14. That on said date, defendant LORILLARD occupied the subject premises.
15. That on said date, defendant LORILLARD managed the subject premises.
16. That on said date, defendant LORILLARD acted as managing agent of the subject
premises.
17. That on said date, defendant LORILLARD controlled the subject premises.
18. That on said date, defendant LORILLARD maintained the subject premises.
19. That on said date, defendant LORILLARD was responsible for the maintenance
and repairs of the subject premises.
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20. That on said date, defendant LORILLARD was responsible for inspecting the
subject premises.
21. That on May 25, 2023, defendant HORIZON was the owner of the subject premises
located at 2406 Lorillard Place, Bronx, New York 10458 also known as Block 3056
and Lot 1.
22. That on said date, defendant HORIZON was a lessor of the subject premises.
23. That on said date, defendant HORIZON was a lessee of the subject premises.
24. That on said date, defendant HORIZON occupied the subject premises.
25. That on said date, defendant HORIZON managed the subject premises.
26. That on said date, defendant HORIZON acted as managing agent of the subject
premises.
27. That on said date, defendant HORIZON controlled the subject premises.
28. That on said date, defendant HORIZON maintained the subject premises.
29. That on said date, defendant HORIZON was responsible for the maintenance and
repairs of the subject premises.
30. That on said date, defendant HORIZON was responsible for inspecting the subject
premises.
31. That on said date the defendants, their agents, servants and/or employees, reserved
to themselves the right and duty of general supervision, maintenance, operation and
control, at the aforesaid location and premises, and did in fact exercise such right
of supervision, maintenance, operation and control.
32. That on said date and place, the defendants had charge of the subject premises, and
it was the duty of said defendants, their agents, servants and/or employees to use
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reasonable care and diligence in the management, operation, care and maintenance
of the subject premises and to make any and all necessary markings, warning,
repairs thereto, for the purpose of keeping the same in a reasonably safe condition
for persons lawfully thereat.
33. That on said date, while the plaintiff was lawfully and carefully proceeding over,
along and upon the subject premises, plaintiff was caused to trip and fall due to a
dangerous, defective, and hazardous condition thereat, causing plaintiff to sustain
severe and grievous personal injuries with attendant special damages.
34. That on said date and at all times mentioned herein, the plaintiff would not have
fallen within the subject premises in the absence of negligence on the part of the
defendants.
35. That the said occurrence and the injuries resulting therefrom were caused and/or
precipitated by reason of the negligence and carelessness of the defendants, their
agents, servants, independent contractors and/or employees, in that they negligently
caused, allowed and permitted the subject premises to be, become and remain in a
defective, dangerous, and hazardous condition so that a trap existed on the subject
premises, endangering the life and limb of persons lawfully thereat.
36. That upon information and belief, at all times herein mentioned, the defendants,
their agents, servants, independent contractors and/or employees had actual and/or
constructive notice of the aforesaid dangerous and defective condition and/or
created the dangerous condition.
37. That on said date and at all times mentioned herein, the subject premises was within
the exclusive control of the defendants.
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38. That the said occurrence and the injuries resulting therefrom were caused and/or
precipitated by reason of the negligence and carelessness of the defendants, their
agents, servants, independent contractors and/or employees solely and wholly as a
result of the negligence of the defendants herein and without any negligence on the
part of the plaintiff contributing thereto.
39. That this action falls within one or more of the exceptions contained in CPLR §
1602.
40. That this action falls under the doctrine of res ipsa loquitur,
41. That by reason of the foregoing the plaintiff sustained severe injuries to various
parts of plaintiff's body; that plaintiff suffered and will continue to suffer for some
time to come great pain and anguish in body and mind; that plaintiff received
necessary hospital care and attention for a long period of time; that plaintiff
necessarily received and will continue to receive medical treatment and medicines
for which expenses have, are and will continue to be incurred; that as a result ofthe
injuries sustained by plaintiff, plaintiff may, in the future, require further hospital
and medical care and attention; that plaintiff has been unable to return to plaintiff's
usual duties and occupation as plaintiff had theretofore done and, upon information
and belief, plaintiff's injuries are permanent, protracted and disabling in nature all
to plaintiff's damage as against the defendants in a sum which exceeds the
jurisdictional limits of all lower courts of the State of New York.
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WHEREFORE, plaintiff demands judgment against the defendants in an amount which
exceeds the jurisdictional limits of the lower courts of the State of New York, and in an amount
which satisfies diversity jurisdiction of the Federal Courts pursuant to 28 USCA § 1441 and 1332
together with the costs and disbursements of this action.
Dated: Bronx, New York
April 10, 2024
Yours, etc.,
PEÑA & KAHN, PLLC
Attorneys for Plaintiff
Office & P, O. Address
1250 Waters Place, Ste. 901
Bronx, New York 10461
(718) 585-6551
Our File No.: 09617
By:
ERIC J. GOTTFRIED
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VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF BRONX )
LAUREANA HERRERA LUCERO affirms as follows:
I, LAUREANA HERRERA LUCERO am the plaintiff in the within action; I have read the
foregoing COMPLAINT and know the contents thereof; the same is true to my own knowledge
except as to those matters therein stated to be alleged upon information and belief, and as to
those matters, I believe to be true. I affirm this Î 1 day of ,
2024 under penalties of perjury under the laws of New York, which may include a fine or
imprisonment, that the foregoing is true, and I understand that this document may be filed in an
action or proceeding in a court of law.
LAUREANA HERRERA LUCERO
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SUPREME COURT OF THE STATE OF NEW YORK Index No.
COUNTY OF BRONX
LAUREANA HERRERA LUCERO,
Plaintiff,
-against-
2406 LORILLARD LLC and HORIZON REAL ESTATE PARTNERS
CORPORATION,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
PEGA & KAHN, PLLC
Attorneys for Plaintiff
Post Office Address and Telephone
1250 Waters Place, Suite 901
Bronx, New York 10461
Tel: (718) 585-6551
Fax: (718) 585-6618
Pursuant to 22NYCRR130-1.1, theundersigned, an attorney admitted to practice in the Courts of
New York State, certifies that, upon information and belief and reasonable inquiry, the
contentions contained in the annexed document are not frivolous
ERIC J. GOTTPRIED, ESQ.
PECA & KAHN, PLLC
[ ] 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 20
[ ] Notice of Settlement
that an order of which the within is a true copy
will be presented to the Hon. one of the judges of the within court at
on 20 at M,
Dated: Yours, etc.
PECA & KAHN, PLLC
1250 Waters Place, Suite 901
Bronx, New York 10461
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Preview
FILED: BRONX COUNTY CLERK 04/15/2024 03:25 PM INDEX NO. 806131/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No. COUNTY OF BRONX -------------------------------------------X Date Filed: LAUREANA HERRERA LUCERO, Plaintiff designates: Plaintiff, BRONX as the place of County -against- trial 2406 LORILLARD LLC and HORIZON REAL ESTATE The basis of venue is: PARTNERS CORPORATION, . Location of Occurrence Defendants. ____________ _-------------..-_ _ _ _ ____-------Ç S U MM O N S Plaintiff's address: 2406 Lorillard Place Bronx, NY 10458 To the above named Defendant(s): 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 attorney, within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State ofNew York); and 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: Bronx, New York April 10, 2024 PEÑA & KAHN, PLLC Attorneys for Plaintiff Office & P. O. Address 1250 Waters Place, Ste. 901 Bronx, New York 10461 (718) 585-6551 Our File No.: 09617 By: ERIC J. GOTTFRIED 1 of 10 FILED: BRONX COUNTY CLERK 04/15/2024 03:25 PM INDEX NO. 806131/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024 Defendants' Addresses: 2406 Lorillard LLC c/o Horizon Real Estate 200 E. 82nd Street Apt, 14A New York, NY 10028 HORIZON REAL ESTATE PARTNERS CORPORATION c/o Horizon Real Estate Property Services Corp 120 East 34th Street 10N New York, NY 10016 2 of 10 FILED: BRONX COUNTY CLERK 04/15/2024 03:25 PM INDEX NO. 806131/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024 SUPREM.E COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _______________________________--______________Ç LAUREANA HERRERA LUCERO, VERIFIED COMPLAINT Plaintiff, -against- 2406 LORILLARD LLC and HORIZON REAL ESTATE PARTNERS CORPORATION, Defendants. --__________..---...--..--...._____.._______Ç Plaintiff, by her attorneys, PENA & KAHN, PLLC, complaining of the defendants, all upon information and belief, respectfully states and alleges as follows: 1. That at all times herein mentioned, the plaintiff was a resident of the County of Bronx, and State of New York. 2. That the occurrence which gave rise to this cause of action took place in the County of Bronx, and State of New York. 3. That at all times herein mentioned, defendant 2406 LORILLARD LLC (hereinafter referred to as "LORILLARD") was a domestic corporation duly organized and existing under and by the virtues of the laws of the State of New York. 4. That at all times herein mentioned, defendant LORILLARD was a foreign corporation duly authorized to do business within the State of New York. 5. That at all times herein mentioned, defendant LORILLARD was a partnership transacting business in the State of New York. 6. That at all times herein mentioned, defendant LORILLARD was a business entity doing business within the State of New York. 3 of 10 FILED: BRONX COUNTY CLERK 04/15/2024 03:25 PM INDEX NO. 806131/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024 7. That at all times herein mentioned, defendant HORIZON REAL ESTATE PARTNERS CORPORATION (hereinafter referred to as "HORIZON") was a domestic corporation duly organized and existing under and by the virtues of the laws of the State of New York. 8. That at all times herein mentioned, defendant HORIZON was a foreign corporation duly authorized to do business within the State of New York. 9. That at all times herein mentioned, defendant HORIZON was a partnership transacting business in the State of New York. 10. That at all times herein mentioned, defendant HORIZON was a business entity doing business within the State of New York. 11. That on May 25, 2023, defendant LORILLARD was the owner of the subject premises located at 2406 Lorillard Place, Bronx, New York 10458 also known as Block 3056 and Lot 1. 12. That on said date, defendant LORILLARD was a lessor of the subject premises. 13. That on said date, defendant LORILLARD was a lessee of the subject premises. 14. That on said date, defendant LORILLARD occupied the subject premises. 15. That on said date, defendant LORILLARD managed the subject premises. 16. That on said date, defendant LORILLARD acted as managing agent of the subject premises. 17. That on said date, defendant LORILLARD controlled the subject premises. 18. That on said date, defendant LORILLARD maintained the subject premises. 19. That on said date, defendant LORILLARD was responsible for the maintenance and repairs of the subject premises. 4 of 10 FILED: BRONX COUNTY CLERK 04/15/2024 03:25 PM INDEX NO. 806131/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024 20. That on said date, defendant LORILLARD was responsible for inspecting the subject premises. 21. That on May 25, 2023, defendant HORIZON was the owner of the subject premises located at 2406 Lorillard Place, Bronx, New York 10458 also known as Block 3056 and Lot 1. 22. That on said date, defendant HORIZON was a lessor of the subject premises. 23. That on said date, defendant HORIZON was a lessee of the subject premises. 24. That on said date, defendant HORIZON occupied the subject premises. 25. That on said date, defendant HORIZON managed the subject premises. 26. That on said date, defendant HORIZON acted as managing agent of the subject premises. 27. That on said date, defendant HORIZON controlled the subject premises. 28. That on said date, defendant HORIZON maintained the subject premises. 29. That on said date, defendant HORIZON was responsible for the maintenance and repairs of the subject premises. 30. That on said date, defendant HORIZON was responsible for inspecting the subject premises. 31. That on said date the defendants, their agents, servants and/or employees, reserved to themselves the right and duty of general supervision, maintenance, operation and control, at the aforesaid location and premises, and did in fact exercise such right of supervision, maintenance, operation and control. 32. That on said date and place, the defendants had charge of the subject premises, and it was the duty of said defendants, their agents, servants and/or employees to use 5 of 10 FILED: BRONX COUNTY CLERK 04/15/2024 03:25 PM INDEX NO. 806131/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024 reasonable care and diligence in the management, operation, care and maintenance of the subject premises and to make any and all necessary markings, warning, repairs thereto, for the purpose of keeping the same in a reasonably safe condition for persons lawfully thereat. 33. That on said date, while the plaintiff was lawfully and carefully proceeding over, along and upon the subject premises, plaintiff was caused to trip and fall due to a dangerous, defective, and hazardous condition thereat, causing plaintiff to sustain severe and grievous personal injuries with attendant special damages. 34. That on said date and at all times mentioned herein, the plaintiff would not have fallen within the subject premises in the absence of negligence on the part of the defendants. 35. That the said occurrence and the injuries resulting therefrom were caused and/or precipitated by reason of the negligence and carelessness of the defendants, their agents, servants, independent contractors and/or employees, in that they negligently caused, allowed and permitted the subject premises to be, become and remain in a defective, dangerous, and hazardous condition so that a trap existed on the subject premises, endangering the life and limb of persons lawfully thereat. 36. That upon information and belief, at all times herein mentioned, the defendants, their agents, servants, independent contractors and/or employees had actual and/or constructive notice of the aforesaid dangerous and defective condition and/or created the dangerous condition. 37. That on said date and at all times mentioned herein, the subject premises was within the exclusive control of the defendants. 6 of 10 FILED: BRONX COUNTY CLERK 04/15/2024 03:25 PM INDEX NO. 806131/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024 38. That the said occurrence and the injuries resulting therefrom were caused and/or precipitated by reason of the negligence and carelessness of the defendants, their agents, servants, independent contractors and/or employees solely and wholly as a result of the negligence of the defendants herein and without any negligence on the part of the plaintiff contributing thereto. 39. That this action falls within one or more of the exceptions contained in CPLR § 1602. 40. That this action falls under the doctrine of res ipsa loquitur, 41. That by reason of the foregoing the plaintiff sustained severe injuries to various parts of plaintiff's body; that plaintiff suffered and will continue to suffer for some time to come great pain and anguish in body and mind; that plaintiff received necessary hospital care and attention for a long period of time; that plaintiff necessarily received and will continue to receive medical treatment and medicines for which expenses have, are and will continue to be incurred; that as a result ofthe injuries sustained by plaintiff, plaintiff may, in the future, require further hospital and medical care and attention; that plaintiff has been unable to return to plaintiff's usual duties and occupation as plaintiff had theretofore done and, upon information and belief, plaintiff's injuries are permanent, protracted and disabling in nature all to plaintiff's damage as against the defendants in a sum which exceeds the jurisdictional limits of all lower courts of the State of New York. 7 of 10 FILED: BRONX COUNTY CLERK 04/15/2024 03:25 PM INDEX NO. 806131/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024 WHEREFORE, plaintiff demands judgment against the defendants in an amount which exceeds the jurisdictional limits of the lower courts of the State of New York, and in an amount which satisfies diversity jurisdiction of the Federal Courts pursuant to 28 USCA § 1441 and 1332 together with the costs and disbursements of this action. Dated: Bronx, New York April 10, 2024 Yours, etc., PEÑA & KAHN, PLLC Attorneys for Plaintiff Office & P, O. Address 1250 Waters Place, Ste. 901 Bronx, New York 10461 (718) 585-6551 Our File No.: 09617 By: ERIC J. GOTTFRIED 8 of 10 FILED: BRONX COUNTY CLERK 04/15/2024 03:25 PM INDEX NO. 806131/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024 VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF BRONX ) LAUREANA HERRERA LUCERO affirms as follows: I, LAUREANA HERRERA LUCERO am the plaintiff in the within action; I have read the foregoing COMPLAINT and know the contents thereof; the same is true to my own knowledge except as to those matters therein stated to be alleged upon information and belief, and as to those matters, I believe to be true. I affirm this Î 1 day of , 2024 under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law. LAUREANA HERRERA LUCERO 9 of 10 FILED: BRONX COUNTY CLERK 04/15/2024 03:25 PM INDEX NO. 806131/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/15/2024 SUPREME COURT OF THE STATE OF NEW YORK Index No. COUNTY OF BRONX LAUREANA HERRERA LUCERO, Plaintiff, -against- 2406 LORILLARD LLC and HORIZON REAL ESTATE PARTNERS CORPORATION, Defendants. SUMMONS AND VERIFIED COMPLAINT PEGA & KAHN, PLLC Attorneys for Plaintiff Post Office Address and Telephone 1250 Waters Place, Suite 901 Bronx, New York 10461 Tel: (718) 585-6551 Fax: (718) 585-6618 Pursuant to 22NYCRR130-1.1, theundersigned, an attorney admitted to practice in the Courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous ERIC J. GOTTPRIED, ESQ. PECA & KAHN, PLLC [ ] 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 20 [ ] Notice of Settlement that an order of which the within is a true copy will be presented to the Hon. one of the judges of the within court at on 20 at M, Dated: Yours, etc. PECA & KAHN, PLLC 1250 Waters Place, Suite 901 Bronx, New York 10461 10 of 10