Preview
FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024
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SUPREME COURT OF THE STATE OF NEW YORK Date Filed:
COUNTY OF KINGS Index No.:
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GARY MEROLA, SUMMONS
Plaintiff,
Plaintiff designates
-against- Kings County
as place of trial
NARROWS MEDICAL BUILDING ASSOCIATES, LLC,
CITY OF NEW YORK, and NEW YORK CITY The basis of the venue is:
DEPARTMENT OF TRANSPORTATION, Situs of Occurrence
Defendants.
==============================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 16, 2024
The nature of this action is for injuries sustained as a result of the defendants' negligence.
The relief sought is monetary damages.
ELEFTERAKIS, ELEFTERAKIS & PANEK
----------------------------------------------
BY: NICHOLAS ELEFTERAKIS, ESQ.
Attorneys for Plaintiff
Address and Telephone Number
80 Pine Street, 38th Floor
New York, N.Y. 10005
(212) 532-1116
Failure to respond, a judgment will be against you, by default and interest from January 1,
2024.
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Defendants:
NARROWS MEDICAL BUILDING ASSOCIATES, LLC
C/O/ Hossein Hedayati
36 Copperflagg Lane
Staten Island, NY 10304
THE CITY OF NEW YORK
100 Church Street
New York, New York
THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION
100 Church Street
New York, New York
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SUPREME COURT OF THE STATE OF NEW YORK Date Filed:
COUNTY OF KINGS Index No.:
==============================X
GARY MEROLA,
Plaintiff,
VERIFIED COMPLAINT
-against-
NARROWS MEDICAL BUILDING ASSOCIATES, LLC,
CITY OF NEW YORK, and NEW YORK CITY
DEPARTMENT OF TRANSPORTATION,
Defendants.
===============================X
Plaintiff, by his attorneys, ELEFTERAKIS, ELEFTERAKIS & PANEK, as and for his
Verified Complaint, respectfully alleges, upon information and belief:
1. The plaintiff, GARY MEROLA, at all times herein mentioned was and still is a
resident of the State of New York.
2. That at all the times hereinafter alleged, and upon information and belief, Defendant,
NARROWS MEDICAL BUILDING ASSOCIATES, LLC, was and still is a domestic corporation
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, Defendant,
NARROWS MEDICAL BUILDING 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.
4. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, maintained a principal
place of business in the State of New York.
5. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, conducted and carried on
business in the State of New York.
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6. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, transacted business within
the State of New York.
7. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, derived substantial
revenue from goods used or consumed or services rendered in the State of New York.
8. That at all of the times hereinafter mentioned, and upon information and belief,
Defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, expected or should have
reasonably expected its acts to have consequences in the State of New York.
9. That at all of the times hereinafter mentioned, and upon information and belief, the
defendant, THE CITY OF NEW YORK, was a municipal corporation duly organized and existing
under and by virtue of the Laws of the State of New York.
10. That on or about January 9, 2024, a Notice of Claim was served on the defendant,
THE CITY OF NEW YORK, prior to the commencement of this action.
11. That on or about January 9, 2024, GARY MEROLA, herein duly presented in writing
to the defendant, THE CITY OF NEW YORK, the claim for damages herein set forth and upon
which this action is founded and that said claim was presented for adjustment.
12. That more than 30 days have elapsed since the said Notice of Claim was served upon
the defendant and the defendant, THE CITY OF NEW YORK, has failed and refused to make an
adjustment of any claim herein set forth.
13. That at all of the times hereinafter mentioned, and upon information and belief, the
defendant, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, was a
municipal corporation duly organized and existing under and by virtue of the Laws of the State of
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New York.
14. That on or about January 9, 2024, a Notice of Claim was served on the defendant,
THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, prior to the
commencement of this action.
15. That on or about January 9, 2024, GARY MEROLA, herein duly presented in writing
to the defendant, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, the claim
for damages herein set forth and upon which this action is founded and that said claim was presented
for adjustment.
16. That more than 30 days have elapsed since the said Notice of Claim was served upon
the defendant and the defendant, THE NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, has failed and refused to make an adjustment of any claim herein set forth.
17. A hearing pursuant to §50(h) of the General Municipal Law was held on April 15,
2024.
18. That all conditions precedent to the bringing of this action have been complied with.
19. That this action was commenced within one year and ninety (90) days after the accrual
of the cause of action herein.
20. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, owned the premises
located at 9920 4th Avenue, County of Kings, State of New York.
21. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, owned the sidewalk
adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York.
22. That at all the times hereinafter alleged, and upon information and belief, the
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defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, owned the curb at the
northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
23. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, owned the pedestrian ramp
at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
24. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, was a lessor of the
premises located at 9920 4th Avenue, County of Kings, State of New York.
25. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, was a lessee of the
premises located at 9920 4th Avenue, County of Kings, State of New York.
26. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, operated the premises
located at 9920 4th Avenue, County of Kings, State of New York.
27. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, operated the sidewalk
adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York.
28. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, operated the curb at the
northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
29. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, operated the pedestrian
ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
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30. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, maintained the premises
located at 9920 4th Avenue, County of Kings, State of New York.
31. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, maintained the sidewalk
adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York.
32. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, maintained the curb at the
northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
33. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, maintained the pedestrian
ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
34. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, controlled the premises
located at 9920 4th Avenue, County of Kings, State of New York.
35. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, controlled the sidewalk
adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York.
36. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, controlled the curb at the
northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
37. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, controlled the pedestrian
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ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
38. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, managed the premises
located at 9920 4th Avenue, County of Kings, State of New York.
39. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, managed the sidewalk
adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York.
40. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, managed the curb at the
northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
41. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, managed the pedestrian
ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
42. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, supervised the premises
located at 9920 4th Avenue, County of Kings, State of New York.
43. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, supervised the sidewalk
adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York.
44. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, supervised the curb at the
northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
45. That at all the times hereinafter alleged, and upon information and belief, the
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defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, supervised the pedestrian
ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
46. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, repaired the premises
located at 9920 4th Avenue, County of Kings, State of New York.
47. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, repaired the sidewalk
adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York.
48. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, repaired the curb at the
northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
49. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, repaired the pedestrian
ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
50. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC was responsible for the
repair and maintenance of the premises located at 9920 4th Avenue, County of Kings, State of New
York.
51. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC was responsible for the
repair and maintenance of the sidewalk adjacent to the premises located at 9920 4th Avenue, County
of Kings, State of New York.
52. That at all the times hereinafter alleged, and upon information and belief, the
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defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC was responsible for the
repair and maintenance of the curb at the northwest corner of 4th Avenue and 100th Street in Kings
County, State of New York.
53. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC was responsible for the
repair and maintenance of the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street
in Kings County, State of New York.
54. That at all times herein mention, the Defendant, NARROWS MEDICAL
BUILDING ASSOCIATES, LLC, allowed the premises located at 9920 4th Avenue, County of
Kings, State of New York, to become and remain in a defective and dangerous condition.
55. That at all times herein mention, the Defendant, NARROWS MEDICAL
BUILDING ASSOCIATES, LLC, allowed the sidewalk adjacent to the premises located at 9920
4th Avenue, County of Kings, State of New York, to become and remain in a defective and dangerous
condition.
56. That at all times herein mention, the Defendant, NARROWS MEDICAL
BUILDING ASSOCIATES, LLC, allowed the curb at the northwest corner of 4th Avenue and 100th
Street in Kings County, State of New York, to become and remain in a defective and dangerous
condition.
57. That at all times herein mention, the Defendant, NARROWS MEDICAL
BUILDING ASSOCIATES, LLC, allowed the pedestrian ramp at the northwest corner of 4th
Avenue and 100th Street in Kings County, State of New York, to become and remain in a defective
and dangerous condition.
58. That at all times herein mention, Defendant, NARROWS MEDICAL BUILDING
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ASSOCIATES, LLC, allowed the defective and dangerous condition to exist at the aforesaid
location for unreasonable length of time before the aforesaid occurrence and Defendant knew or
should have known of condition and did not remedy same.
59. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, owned the premises located at 9920 4th Avenue, County of
Kings, State of New York.
60. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, owned the sidewalk adjacent to the premises located at 9920
4th Avenue, County of Kings, State of New York.
61. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, owned the curb at the northwest corner of 4th Avenue and 100th
Street in Kings County, State of New York.
62. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, owned the pedestrian ramp at the northwest corner of 4th Avenue
and 100th Street in Kings County, State of New York.
63. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, was a lessor of the premises located at 9920 4th Avenue, County
of Kings, State of New York.
64. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, was a lessee of the premises located at 9920 4th Avenue, County
of Kings, State of New York.
65. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, operated the premises located at 9920 4th Avenue, County of
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Kings, State of New York.
66. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, operated the sidewalk adjacent to the premises located at 9920
4th Avenue, County of Kings, State of New York.
67. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, operated the curb at the northwest corner of 4th Avenue and
100th Street in Kings County, State of New York.
68. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, operated the pedestrian ramp at the northwest corner of 4th
Avenue and 100th Street in Kings County, State of New York.
69. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, maintained the premises located at 9920 4th Avenue, County of
Kings, State of New York.
70. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, maintained the sidewalk adjacent to the premises located at
9920 4th Avenue, County of Kings, State of New York.
71. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, maintained the curb at the northwest corner of 4th Avenue and
100th Street in Kings County, State of New York.
72. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, maintained the pedestrian ramp at the northwest corner of 4th
Avenue and 100th Street in Kings County, State of New York.
73. That at all the times hereinafter alleged, and upon information and belief, the
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defendant, CITY OF NEW YORK, controlled the premises located at 9920 4th Avenue, County of
Kings, State of New York.
74. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, controlled the sidewalk adjacent to the premises located at 9920
4th Avenue, County of Kings, State of New York.
75. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, controlled the curb at the northwest corner of 4th Avenue and
100th Street in Kings County, State of New York.
76. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, controlled the pedestrian ramp at the northwest corner of 4th
Avenue and 100th Street in Kings County, State of New York.
77. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, managed the premises located at 9920 4th Avenue, County of
Kings, State of New York.
78. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, managed the sidewalk adjacent to the premises located at 9920
4th Avenue, County of Kings, State of New York.
79. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, managed the curb at the northwest corner of 4th Avenue and
100th Street in Kings County, State of New York.
80. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, managed the pedestrian ramp at the northwest corner of 4th
Avenue and 100th Street in Kings County, State of New York.
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81. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, supervised the premises located at 9920 4th Avenue, County of
Kings, State of New York.
82. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, supervised the sidewalk adjacent to the premises located at 9920
4th Avenue, County of Kings, State of New York.
83. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, supervised the curb at the northwest corner of 4th Avenue and
100th Street in Kings County, State of New York.
84. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, supervised the pedestrian ramp at the northwest corner of 4th
Avenue and 100th Street in Kings County, State of New York.
85. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, repaired the premises located at 9920 4th Avenue, County of
Kings, State of New York.
86. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, repaired the sidewalk adjacent to the premises located at 9920
4th Avenue, County of Kings, State of New York.
87. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, repaired the curb at the northwest corner of 4th Avenue and 100th
Street in Kings County, State of New York.
88. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK, repaired the pedestrian ramp at the northwest corner of 4th
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Avenue and 100th Street in Kings County, State of New York.
89. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK was responsible for the repair and maintenance of the premises
located at 9920 4th Avenue, County of Kings, State of New York.
90. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK was responsible for the repair and maintenance of the sidewalk
adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York.
91. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK was responsible for the repair and maintenance of the curb at the
northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
92. That at all the times hereinafter alleged, and upon information and belief, the
defendant, CITY OF NEW YORK was responsible for the repair and maintenance of the pedestrian
ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
93. That at all times herein mention, the Defendant, CITY OF NEW YORK, allowed
the premises located at 9920 4th Avenue, County of Kings, State of New York, to become and remain
in a defective and dangerous condition.
94. That at all times herein mention, the Defendant, CITY OF NEW YORK, allowed
the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New
York, to become and remain in a defective and dangerous condition.
95. That at all times herein mention, the Defendant, CITY OF NEW YORK, allowed
the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York,
to become and remain in a defective and dangerous condition.
96. That at all times herein mention, the Defendant, CITY OF NEW YORK, allowed
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the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of
New York, to become and remain in a defective and dangerous condition.
97. That at all times herein mention, Defendant, CITY OF NEW YORK, allowed the
defective and dangerous condition to exist at the aforesaid location for unreasonable length of time
before the aforesaid occurrence and Defendant knew or should have known of condition and did
not remedy same.
98. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, owned the premises
located at 9920 4th Avenue, County of Kings, State of New York.
99. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, owned the sidewalk
adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York.
100. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, owned the curb at
the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
101. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, owned the
pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New
York.
102. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, was a lessor of the
premises located at 9920 4th Avenue, County of Kings, State of New York.
103. That at all the times hereinafter alleged, and upon information and belief, the
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defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, was a lessee of the
premises located at 9920 4th Avenue, County of Kings, State of New York.
104. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, operated the
premises located at 9920 4th Avenue, County of Kings, State of New York.
105. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, operated the
sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York.
106. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, operated the curb at
the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
107. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, operated the
pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New
York.
108. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, maintained the
premises located at 9920 4th Avenue, County of Kings, State of New York.
109. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, maintained the
sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York.
110. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, maintained the curb
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at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
111. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, maintained the
pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New
York.
112. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, controlled the
premises located at 9920 4th Avenue, County of Kings, State of New York.
113. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, controlled the
sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York.
114. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, controlled the curb
at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
115. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, controlled the
pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New
York.
116. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, managed the
premises located at 9920 4th Avenue, County of Kings, State of New York.
117. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, managed the
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sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York.
118. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, managed the curb at
the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
119. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, managed the
pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New
York.
120. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, supervised the
premises located at 9920 4th Avenue, County of Kings, State of New York.
121. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, supervised the
sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York.
122. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, supervised the curb
at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
123. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, supervised the
pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New
York.
124. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, repaired the
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premises located at 9920 4th Avenue, County of Kings, State of New York.
125. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, repaired the
sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York.
126. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, repaired the curb at
the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York.
127. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, repaired the
pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New
York.
128. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION was responsible for
the repair and maintenance of the premises located at 9920 4th Avenue, County of Kings, State of
New York.
129. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION was responsible for
the repair and maintenance of the sidewalk adjacent to the premises located at 9920 4th Avenue,
County of Kings, State of New York.
130. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION was responsible for
the repair and maintenance of the curb at the northwest corner of 4th Avenue and 100th Street in Kings
County, State of New York.
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131. That at all the times hereinafter alleged, and upon information and belief, the
defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION was responsible for
the repair and maintenance of the pedestrian ramp at the northwest corner of 4th Avenue and 100th
Street in Kings County, State of New York.
132. That at all times herein mention, the Defendant, NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, allowed the premises located at 9920 4th Avenue,
County of Kings, State of New York, to become and remain in a defective and dangerous condition.
133. That at all times herein mention, the Defendant, NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, allowed the sidewalk adjacent to the premises located
at 9920 4th Avenue, County of Kings, State of New York, to become and remain in a defective and
dangerous condition.
134. That at all times herein mention, the Defendant, NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, allowed the curb at the northwest corner of 4th
Avenue and 100th Street in Kings County, State of New York, to become and remain in a defective
and dangerous condition.
135. That at all times herein mention, the Defendant, NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, allowed the pedestrian ramp at the northwest corner
of 4th Avenue and 100th Street in Kings County, State of New York, to become and remain in a
defective and dangerous condition.
136. That at all times herein mention, Defendant, NEW YORK CITY DEPARTMENT
OF TRANSPORTATION, allowed the defective and dangerous condition to exist at the aforesaid
location for unreasonable length of time before the aforesaid occurrence and Defendant knew or
should have known of condition and did not remedy same.
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137. That on or about January 1, 2024, the plaintiff, GARY MEROLA, was on the
aforesaid sidewalk/curb/pedestrian ramp.
138. That on or about January 1, 2024, while the plaintiff, GARY MEROLA, was on the
aforesaid sidewalk/curb/pedestrian ramp, he was caused to trip and fall.
139. That the aforesaid accident was due solely and wholly as a result of the careless and
negligent manner in which the defendants owned, operated, maintained, controlled, managed, leased,
supervised, repaired, inspected, constructed, designed, the aforesaid sidewalk/curb/pedestrian ramp
without the plaintiff in any way contributing thereto.
140. That the defendants herein were negligent, reckless and careless in that they violated
their duties to persons on the aforesaid premises and sidewalk/curb/pedestrian ramp, and to this
plaintiff in particular, in knowingly permitting, suffering and allowing the premises to remain i
Preview
FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 SUPREME COURT OF THE STATE OF NEW YORK Date Filed: COUNTY OF KINGS Index No.: ==============================X GARY MEROLA, SUMMONS Plaintiff, Plaintiff designates -against- Kings County as place of trial NARROWS MEDICAL BUILDING ASSOCIATES, LLC, CITY OF NEW YORK, and NEW YORK CITY The basis of the venue is: DEPARTMENT OF TRANSPORTATION, Situs of Occurrence Defendants. ==============================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 16, 2024 The nature of this action is for injuries sustained as a result of the defendants' negligence. The relief sought is monetary damages. ELEFTERAKIS, ELEFTERAKIS & PANEK ---------------------------------------------- BY: NICHOLAS ELEFTERAKIS, ESQ. Attorneys for Plaintiff Address and Telephone Number 80 Pine Street, 38th Floor New York, N.Y. 10005 (212) 532-1116 Failure to respond, a judgment will be against you, by default and interest from January 1, 2024. 1 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 Defendants: NARROWS MEDICAL BUILDING ASSOCIATES, LLC C/O/ Hossein Hedayati 36 Copperflagg Lane Staten Island, NY 10304 THE CITY OF NEW YORK 100 Church Street New York, New York THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION 100 Church Street New York, New York 2 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 SUPREME COURT OF THE STATE OF NEW YORK Date Filed: COUNTY OF KINGS Index No.: ==============================X GARY MEROLA, Plaintiff, VERIFIED COMPLAINT -against- NARROWS MEDICAL BUILDING ASSOCIATES, LLC, CITY OF NEW YORK, and NEW YORK CITY DEPARTMENT OF TRANSPORTATION, Defendants. ===============================X Plaintiff, by his attorneys, ELEFTERAKIS, ELEFTERAKIS & PANEK, as and for his Verified Complaint, respectfully alleges, upon information and belief: 1. The plaintiff, GARY MEROLA, at all times herein mentioned was and still is a resident of the State of New York. 2. That at all the times hereinafter alleged, and upon information and belief, Defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, was and still is a domestic corporation 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, Defendant, NARROWS MEDICAL BUILDING 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. 4. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, maintained a principal place of business in the State of New York. 5. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, conducted and carried on business in the State of New York. 3 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 6. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, transacted business within the State of New York. 7. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, derived substantial revenue from goods used or consumed or services rendered in the State of New York. 8. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, expected or should have reasonably expected its acts to have consequences in the State of New York. 9. That at all of the times hereinafter mentioned, and upon information and belief, the defendant, THE CITY OF NEW YORK, was a municipal corporation duly organized and existing under and by virtue of the Laws of the State of New York. 10. That on or about January 9, 2024, a Notice of Claim was served on the defendant, THE CITY OF NEW YORK, prior to the commencement of this action. 11. That on or about January 9, 2024, GARY MEROLA, herein duly presented in writing to the defendant, THE CITY OF NEW YORK, the claim for damages herein set forth and upon which this action is founded and that said claim was presented for adjustment. 12. That more than 30 days have elapsed since the said Notice of Claim was served upon the defendant and the defendant, THE CITY OF NEW YORK, has failed and refused to make an adjustment of any claim herein set forth. 13. That at all of the times hereinafter mentioned, and upon information and belief, the defendant, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, was a municipal corporation duly organized and existing under and by virtue of the Laws of the State of 4 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 New York. 14. That on or about January 9, 2024, a Notice of Claim was served on the defendant, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, prior to the commencement of this action. 15. That on or about January 9, 2024, GARY MEROLA, herein duly presented in writing to the defendant, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, the claim for damages herein set forth and upon which this action is founded and that said claim was presented for adjustment. 16. That more than 30 days have elapsed since the said Notice of Claim was served upon the defendant and the defendant, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, has failed and refused to make an adjustment of any claim herein set forth. 17. A hearing pursuant to §50(h) of the General Municipal Law was held on April 15, 2024. 18. That all conditions precedent to the bringing of this action have been complied with. 19. That this action was commenced within one year and ninety (90) days after the accrual of the cause of action herein. 20. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, owned the premises located at 9920 4th Avenue, County of Kings, State of New York. 21. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, owned the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 22. That at all the times hereinafter alleged, and upon information and belief, the 5 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, owned the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 23. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, owned the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 24. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, was a lessor of the premises located at 9920 4th Avenue, County of Kings, State of New York. 25. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, was a lessee of the premises located at 9920 4th Avenue, County of Kings, State of New York. 26. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, operated the premises located at 9920 4th Avenue, County of Kings, State of New York. 27. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, operated the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 28. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, operated the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 29. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, operated the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 6 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 30. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, maintained the premises located at 9920 4th Avenue, County of Kings, State of New York. 31. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, maintained the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 32. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, maintained the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 33. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, maintained the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 34. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, controlled the premises located at 9920 4th Avenue, County of Kings, State of New York. 35. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, controlled the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 36. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, controlled the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 37. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, controlled the pedestrian 7 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 38. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, managed the premises located at 9920 4th Avenue, County of Kings, State of New York. 39. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, managed the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 40. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, managed the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 41. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, managed the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 42. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, supervised the premises located at 9920 4th Avenue, County of Kings, State of New York. 43. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, supervised the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 44. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, supervised the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 45. That at all the times hereinafter alleged, and upon information and belief, the 8 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, supervised the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 46. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, repaired the premises located at 9920 4th Avenue, County of Kings, State of New York. 47. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, repaired the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 48. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, repaired the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 49. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, repaired the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 50. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC was responsible for the repair and maintenance of the premises located at 9920 4th Avenue, County of Kings, State of New York. 51. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC was responsible for the repair and maintenance of the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 52. That at all the times hereinafter alleged, and upon information and belief, the 9 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC was responsible for the repair and maintenance of the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 53. That at all the times hereinafter alleged, and upon information and belief, the defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC was responsible for the repair and maintenance of the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 54. That at all times herein mention, the Defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, allowed the premises located at 9920 4th Avenue, County of Kings, State of New York, to become and remain in a defective and dangerous condition. 55. That at all times herein mention, the Defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, allowed the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York, to become and remain in a defective and dangerous condition. 56. That at all times herein mention, the Defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, allowed the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York, to become and remain in a defective and dangerous condition. 57. That at all times herein mention, the Defendant, NARROWS MEDICAL BUILDING ASSOCIATES, LLC, allowed the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York, to become and remain in a defective and dangerous condition. 58. That at all times herein mention, Defendant, NARROWS MEDICAL BUILDING 10 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 ASSOCIATES, LLC, allowed the defective and dangerous condition to exist at the aforesaid location for unreasonable length of time before the aforesaid occurrence and Defendant knew or should have known of condition and did not remedy same. 59. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, owned the premises located at 9920 4th Avenue, County of Kings, State of New York. 60. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, owned the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 61. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, owned the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 62. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, owned the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 63. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, was a lessor of the premises located at 9920 4th Avenue, County of Kings, State of New York. 64. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, was a lessee of the premises located at 9920 4th Avenue, County of Kings, State of New York. 65. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, operated the premises located at 9920 4th Avenue, County of 11 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 Kings, State of New York. 66. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, operated the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 67. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, operated the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 68. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, operated the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 69. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, maintained the premises located at 9920 4th Avenue, County of Kings, State of New York. 70. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, maintained the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 71. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, maintained the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 72. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, maintained the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 73. That at all the times hereinafter alleged, and upon information and belief, the 12 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 defendant, CITY OF NEW YORK, controlled the premises located at 9920 4th Avenue, County of Kings, State of New York. 74. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, controlled the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 75. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, controlled the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 76. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, controlled the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 77. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, managed the premises located at 9920 4th Avenue, County of Kings, State of New York. 78. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, managed the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 79. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, managed the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 80. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, managed the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 13 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 81. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, supervised the premises located at 9920 4th Avenue, County of Kings, State of New York. 82. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, supervised the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 83. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, supervised the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 84. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, supervised the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 85. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, repaired the premises located at 9920 4th Avenue, County of Kings, State of New York. 86. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, repaired the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 87. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, repaired the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 88. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK, repaired the pedestrian ramp at the northwest corner of 4th 14 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 Avenue and 100th Street in Kings County, State of New York. 89. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK was responsible for the repair and maintenance of the premises located at 9920 4th Avenue, County of Kings, State of New York. 90. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK was responsible for the repair and maintenance of the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 91. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK was responsible for the repair and maintenance of the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 92. That at all the times hereinafter alleged, and upon information and belief, the defendant, CITY OF NEW YORK was responsible for the repair and maintenance of the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 93. That at all times herein mention, the Defendant, CITY OF NEW YORK, allowed the premises located at 9920 4th Avenue, County of Kings, State of New York, to become and remain in a defective and dangerous condition. 94. That at all times herein mention, the Defendant, CITY OF NEW YORK, allowed the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York, to become and remain in a defective and dangerous condition. 95. That at all times herein mention, the Defendant, CITY OF NEW YORK, allowed the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York, to become and remain in a defective and dangerous condition. 96. That at all times herein mention, the Defendant, CITY OF NEW YORK, allowed 15 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York, to become and remain in a defective and dangerous condition. 97. That at all times herein mention, Defendant, CITY OF NEW YORK, allowed the defective and dangerous condition to exist at the aforesaid location for unreasonable length of time before the aforesaid occurrence and Defendant knew or should have known of condition and did not remedy same. 98. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, owned the premises located at 9920 4th Avenue, County of Kings, State of New York. 99. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, owned the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 100. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, owned the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 101. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, owned the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 102. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, was a lessor of the premises located at 9920 4th Avenue, County of Kings, State of New York. 103. That at all the times hereinafter alleged, and upon information and belief, the 16 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, was a lessee of the premises located at 9920 4th Avenue, County of Kings, State of New York. 104. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, operated the premises located at 9920 4th Avenue, County of Kings, State of New York. 105. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, operated the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 106. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, operated the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 107. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, operated the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 108. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, maintained the premises located at 9920 4th Avenue, County of Kings, State of New York. 109. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, maintained the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 110. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, maintained the curb 17 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 111. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, maintained the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 112. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, controlled the premises located at 9920 4th Avenue, County of Kings, State of New York. 113. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, controlled the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 114. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, controlled the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 115. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, controlled the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 116. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, managed the premises located at 9920 4th Avenue, County of Kings, State of New York. 117. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, managed the 18 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 118. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, managed the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 119. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, managed the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 120. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, supervised the premises located at 9920 4th Avenue, County of Kings, State of New York. 121. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, supervised the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 122. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, supervised the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 123. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, supervised the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 124. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, repaired the 19 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 premises located at 9920 4th Avenue, County of Kings, State of New York. 125. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, repaired the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 126. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, repaired the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 127. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, repaired the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 128. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION was responsible for the repair and maintenance of the premises located at 9920 4th Avenue, County of Kings, State of New York. 129. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION was responsible for the repair and maintenance of the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York. 130. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION was responsible for the repair and maintenance of the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 20 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 131. That at all the times hereinafter alleged, and upon information and belief, the defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION was responsible for the repair and maintenance of the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York. 132. That at all times herein mention, the Defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, allowed the premises located at 9920 4th Avenue, County of Kings, State of New York, to become and remain in a defective and dangerous condition. 133. That at all times herein mention, the Defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, allowed the sidewalk adjacent to the premises located at 9920 4th Avenue, County of Kings, State of New York, to become and remain in a defective and dangerous condition. 134. That at all times herein mention, the Defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, allowed the curb at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York, to become and remain in a defective and dangerous condition. 135. That at all times herein mention, the Defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, allowed the pedestrian ramp at the northwest corner of 4th Avenue and 100th Street in Kings County, State of New York, to become and remain in a defective and dangerous condition. 136. That at all times herein mention, Defendant, NEW YORK CITY DEPARTMENT OF TRANSPORTATION, allowed the defective and dangerous condition to exist at the aforesaid location for unreasonable length of time before the aforesaid occurrence and Defendant knew or should have known of condition and did not remedy same. 21 of 25 FILED: KINGS COUNTY CLERK 04/16/2024 10:20 AM INDEX NO. 510821/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/16/2024 137. That on or about January 1, 2024, the plaintiff, GARY MEROLA, was on the aforesaid sidewalk/curb/pedestrian ramp. 138. That on or about January 1, 2024, while the plaintiff, GARY MEROLA, was on the aforesaid sidewalk/curb/pedestrian ramp, he was caused to trip and fall. 139. That the aforesaid accident was due solely and wholly as a result of the careless and negligent manner in which the defendants owned, operated, maintained, controlled, managed, leased, supervised, repaired, inspected, constructed, designed, the aforesaid sidewalk/curb/pedestrian ramp without the plaintiff in any way contributing thereto. 140. That the defendants herein were negligent, reckless and careless in that they violated their duties to persons on the aforesaid premises and sidewalk/curb/pedestrian ramp, and to this plaintiff in particular, in knowingly permitting, suffering and allowing the premises to remain i