Preview
FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
SUMMONS
DAVID BERENBAUM,
Plaintiff, Plaintiff designates New York
-against- as the proper venue and place
of trial.
CITY OF NEW YORK, CITY OF NEW YORK
DEPARTMENT OF PARKS AND RECREATION, The basis of the venue is
CENTRAL PARK CONSERVANCY, and NEW YORK incident location.
CITY DEPARTMENT OF TRANSPORTATION,
Defendants.
To the above-named Defendants(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 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 in the complaint.
JURY TRIAL DEMANDED
Dated: New York, New York
April 17, 2024
ALAN RIPKA & ASSOCIATES, LLP
__________________________
Jaclyn Bronzo, Esq.
Attorneys for the Plaintiff
400 Madison Avenue, Suite 12D
New York, NY 10017
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TO:
CITY OF NEW YORK
100 CHURCH STREET,
NEW YORK, NY 10007
CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION
100 CHURCH STREET,
NEW YORK, NY 10007
CENTRAL PARK CONSERVANCY
14 E. 60TH STREET,
NEW YORK, NY 10022
NEW YORK CITY DEPARTMENT OF TRANSPORTATION
100 CHURCH STREET
NEW YORK, NY 10007
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
DAVID BERENBAUM, Index No.:
Plaintiff, Date Filed:
-against-
VERIFIED COMPLAINT
CITY OF NEW YORK, CITY OF NEW YORK
DEPARTMENT OF PARKS AND RECREATION,
CENTRAL PARK CONSERVANCY, and NEW YORK
CITY DEPARTMENT OF TRANSPORTATION,
Defendants.
Plaintiff, DAVID BERENBAUM (“Plaintiff”), by his attorneys, ALAN RIPKA &
ASSOCIATES, LLP, complaining of the Defendants, CITY OF NEW YORK, CITY OF NEW
YORK DEPARTMENT OF PARKS AND RECREATION, CENTRAL PARK
CONSERVANCY, AND NEW YORK CITY DEPARTMENT OF TRANSPORTATION,
alleges, upon information and belief:
PARTIES & JURISDICTION
1. On May 9, 2023, and all relevant times, Plaintiff, DAVID BERENBAUM, was a
resident of the County of the New York, and City and State of New York.
2. On May 9, 2023, and all relevant times, Defendant CITY OF NEW YORK was a
municipal corporation of the State of New York, having its principal office at City Hall, New York,
New York 10007.
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3. On May 9, 2023, and all relevant times, Defendant 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.
4. On May 9, 2023, and all relevant times, Defendant CITY OF NEW YORK
DEPARTMENT OF PARKS AND RECREATION was an agency of Defendant CITY OF NEW
YORK.
5. On May 9, 2023, and all relevant times, Defendant CITY OF NEW YORK
DEPARTMENT OF PARKS AND RECREATION was a municipal corporation duly organized
and existing under and by virtue of the Laws of the State of New York.
6. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK
CONSERVANCY was a domestic corporation duly organized and existing under and by virtue of
the Laws of the State of New York.
7. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK
CONSERVANCY was a domestic not for profit corporation duly organized and existing under
and by virtue of the Laws of the State of New York.
8. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK
CONSERVANCY was and still is a foreign corporation authorized to do business under and by
virtue of the Laws of the State of New York.
9. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK
CONSERVANCY maintained a principal place of business in the State of New York.
10. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK
CONSERVANCY, conducted and carried on business in the State of New York.
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11. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK
CONSERVANCY transacted business in the State of New York.
12. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK
CONSERVANCY derived substantial revenue from goods used or consumed or serviced rendered
in the State of New York.
13. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK
CONSERVANCY expected or should have reasonably expected its acts to have consequences in
the State of New York.
14. On May 9, 2023, and all relevant times, Defendant NEW YORK CITY
DEPARTMENT OF TRANSPORTATION was and still is and agency duly organized and existing
under and by virtue of the laws of the State of New York.
15. On May 9, 2023 and all relevant times, Defendant NEW YORK CITY
DEPARTMENT OF TRANSPORTATION was and still is a municipal agency, duly organized
and existing under and by virtue of the laws of the City of New York, doing business in the State
of New York.
16. Prior to the commencement of this action, on August 8, 2023, and within the time
prescribed by law, a sworn Notice of Claim stating, among other things, the time, date and place
where Plaintiff sustained injuries and damages were sustained, together with Plaintiff's demands
for adjustment thereof, were served upon Defendants, CITY OF NEW YORK, CITY OF NEW
YORK DEPARTMENT OF PARKS AND RECREATION, CENTRAL PARK
CONSERVANCY, and NEW YORK CITY DEPARTMENT OF TRANSPORTATION.
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17. On November 10, 2023, an oral examination upon oral questions were held
pursuant to Section 50H of the General Municipal Law, wherein Plaintiff testified relative to the
occurrence and extent of the injuries or damages from which her claim is made.
18. At least thirty days have elapsed since the service of the above-mentioned Notice
of Claim, and as of this filing, adjustment or payment thereof has been neglected or refused by
both Defendants.
19. This action is being commenced within one year and ninety days after accrual of
this cause of action or within the otherwise time allowed by law.
20. The Supreme Court of the State of New York has jurisdiction in that the amount of
damages sought herein exceeds the jurisdictional limits of all lower courts which would otherwise
have jurisdiction.
21. Plaintiff sustained and will continue to sustain damages, including personal
injuries, severe pain and suffering, and economic damages, as a result of Defendants’ negligence
and unreasonable conduct in the maintenance, inspection, repair, supervision and otherwise control
of the roadway, street, or path, as fully pleaded herein.
22. On May 9, 2023, and at all relevant times herein mentioned under the West Drive
overpass on 86th Street (hereinafter, “the accident location”), in Central Park in the County of New
York and State of New York, is a much traveled roadway and is in constant use by the residents
of the city and other persons.
23. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, owned the Accident
location.
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24. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, was the lessor and/or lessee
the Accident location.
25. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, managed the Accident
location.
26. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, maintained the Accident
location.
27. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, supervised the Accident
location.
28. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, used the Accident location.
29. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, made special use of the
Accident location.
30. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, restored the Accident
location.
31. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to inspect the
Accident location.
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32. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to clean the
Accident location.
33. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, controlled the Accident
location.
34. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, designed the Accident
location.
35. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to maintain the
Accident location in a safe, suitable, hazard-free condition.
36. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to maintain the
Accident location.
37. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to keep the
Accident location free and clear of defects and dangerous conditions.
38. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to keep the
Accident location hazard-free, defect-free, and safe to use by pedestrians and the public at large,
including Plaintiff.
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39. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to restore said
Accident location.
40. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to repair said
Accident location.
41. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to repave said
Accident location.
42. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to reconstruct
said Accident location.
43. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to clean said
Accident location.
44. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to warn
pedestrians and the public at large, including Plaintiff, of dangers, defects, and hazards on said
Accident location.
45. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to provide an
alternative suitable walkway for use by pedestrians and the public at large, including Plaintiff.
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46. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to direct
pedestrian traffic through a safe and hazard-free walkway at or near Accident location.
47. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to illuminate the
Accident location.
48. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to supervise
construction and repairs to the Accident location.
49. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to divert the
public, including Plaintiff, away from those portions of the Accident location which were
dangerous, hazardous, trap-like, slippery, wet, and otherwise defective.
50. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, had a duty to rope and/or
cordon off the above-mentioned on and about the Accident location to prevent harm to pedestrians,
including Plaintiff.
51. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, breached their duty owed
to Plaintiff.
52. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, breached their duty owed
to Plaintiff in that the Accident location was defective, dangerous, and hazardous.
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53. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, owned the Accident location.
54. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies,
departments, contractors, employees, special employees, and servants, was the lessor and/or lessee
the Accident location.
55. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, managed the Accident location.
56. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, maintained the Accident location.
57. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, supervised the Accident location.
58. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, used the Accident location.
59. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, made special use of the Accident location.
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60. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, restored the Accident location.
61. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to inspect the Accident location.
62. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to clean the Accident location.
63. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, controlled the Accident location.
64. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, designed the Accident location.
65. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to maintain the Accident location in a safe, suitable, hazard-
free condition.
66. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to maintain the Accident location.
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67. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to keep the Accident location free and clear of defects and
dangerous conditions.
68. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to keep the Accident location hazard-free, defect-free, and
safe to use by pedestrians and the public at large, including Plaintiff.
69. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to restore said Accident location.
70. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to repair said Accident location.
71. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to repave said Accident location.
72. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to reconstruct said Accident location.
73. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to clean said Accident location.
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74. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to warn pedestrians and the public at large, including Plaintiff,
of dangers, defects, and hazards on said Accident location.
75. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to provide an alternative suitable walkway for use by
pedestrians and the public at large, including Plaintiff.
76. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to direct pedestrian traffic through a safe and hazard-free
walkway at or near Accident location.
77. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to illuminate the Accident location.
78. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to supervise construction and repairs to the Accident location.
79. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to divert the public, including Plaintiff, away from those
portions of the Accident location which were dangerous, hazardous, trap-like, slippery, wet, and
otherwise defective.
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80. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to rope and/or cordon off the above-mentioned on and about
the Accident location to prevent harm to pedestrians, including Plaintiff.
81. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, breached their duty owed to Plaintiff.
82. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS
AND RECREATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, breached their duty owed to Plaintiff in that the Accident location was
defective, dangerous, and hazardous.
83. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, owned the
Accident location.
84. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, managed the
Accident location.
85. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, was the lessor
and/or lessee the Accident location.
86. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, maintained the
Accident location.
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87. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, supervised the
Accident location.
88. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, used the Accident
location.
89. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, made special use
of the Accident location.
90. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, restored the
Accident location.
91. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to
inspect the Accident location.
92. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to
clean the Accident location.
93. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, controlled the
Accident location.
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94. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, designed the
Accident location.
95. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to
maintain the Accident location in a safe, suitable, hazard-free condition.
96. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to
maintain the Accident location.
97. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to keep
the Accident location free and clear of defects and dangerous conditions.
98. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to keep
the Accident location hazard-free, defect-free, and safe to use by pedestrians and the public at
large, including Plaintiff.
99. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to
restore said Accident location.
100. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to
repair said Accident location.
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101. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to
repave said Accident location.
102. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to
reconstruct said Accident location.
103. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to
clean said Accident location.
104. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to
warn pedestrians and the public at large, including Plaintiff, of dangers, defects, and hazards on
said Accident location.
105. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to
provide an alternative suitable walkway for use by pedestrians and the public at large, including
Plaintiff.
106. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to
direct pedestrian traffic through a safe and hazard-free walkway at or near Accident location.
107. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to
illuminate the Accident location.
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108. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to
supervise construction and repairs to the Accident location.
109. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to
divert the public, including Plaintiff, away from those portions of the Accident location which
were dangerous, hazardous, trap-like, slippery, wet, and otherwise defective.
110. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, had a duty to rope
and/or cordon off the above-mentioned on and about the Accident location to prevent harm to
pedestrians, including Plaintiff.
111. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, breached their
duty owed to Plaintiff.
112. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents,
agencies, departments, contractors, employees, special employees, and servants, breached their
duty owed to Plaintiff in that the Accident location was defective, dangerous, and hazardous.
113. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, owned the Accident location.
114. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, was the lessor and/or lessee the Accident location.
19 of 30
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115. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, managed the Accident location.
116. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, maintained the Accident location.
117. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, supervised the Accident location.
118. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, used the Accident location.
119. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, made special use of the Accident location.
120. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, restored the Accident location.
121. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to inspect the Accident location.
20 of 30
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122. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to clean the Accident location.
123. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, controlled the Accident location.
124. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, designed the Accident location.
125. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to maintain the Accident location in a safe, suitable, hazard-
free condition.
126. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to maintain the Accident location.
127. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to keep the Accident location free and clear of defects and
dangerous conditions.
128. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
21 of 30
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employees, and servants, had a duty to keep the Accident location hazard-free, defect-free, and
safe to use by pedestrians and the public at large, including Plaintiff.
129. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to restore said Accident location.
130. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to repair said Accident location.
131. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to repave said Accident location.
132. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to reconstruct said Accident location.
133. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to clean said Accident location.
134. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to warn pedestrians and the public at large, including Plaintiff,
of dangers, defects, and hazards on said Accident location.
135. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
22 of 30
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employees, and servants, had a duty to provide an alternative suitable walkway for use by
pedestrians and the public at large, including Plaintiff.
136. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to direct pedestrian traffic through a safe and hazard-free
walkway at or near Accident location.
137. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to illuminate the Accident location.
138. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to supervise construction and repairs to the Accident location.
139. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to divert the public, including Plaintiff, away from those
portions of the Accident location which were dangerous, hazardous, trap-like, slippery, wet, and
otherwise defective.
140. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, had a duty to rope and/or cordon off the above-mentioned on and about
the Accident location to prevent harm to pedestrians, including Plaintiff.
23 of 30
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141. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, breached their duty owed to Plaintiff.
142. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, its agents, agencies, departments, contractors, employees, special
employees, and servants, breached their duty owed to Plaintiff in that the Accident location was
defective, dangerous, and hazardous.
143. On May 9, 2023, and at all relevant times, the defective, dangerous, hazardous, and
trap-like conditions consisted of a slippery, dangerous, and hazardous condition at the Accident
location.
144. On May 9, 2023, at approximately 04:00 PM, and at all relevant times, Plaintiff
was caused to slip and fall and be violently precipitated to the ground when he came into contact
with a dangerous and hazardous condition that was trap-like and unsafe existing at the accident
location.
145. On May 9, 2023, and at all relevant times, Defendants, their agents, employees
and/or servants, had notice of the dangerous conditions claimed herein.
146. As a result of the aforesaid dangerous and hazardous condition complained of
herein, claimant, DAVID BERENBAUM, slipped and fell and sustained serious, severe,
permanent personal injuries as a result of the negligence, recklessness and carelessness of the
CITY OF NEW YORK, CITY OF NEW YO
Preview
FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK SUMMONS DAVID BERENBAUM, Plaintiff, Plaintiff designates New York -against- as the proper venue and place of trial. CITY OF NEW YORK, CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, The basis of the venue is CENTRAL PARK CONSERVANCY, and NEW YORK incident location. CITY DEPARTMENT OF TRANSPORTATION, Defendants. To the above-named Defendants(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 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 in the complaint. JURY TRIAL DEMANDED Dated: New York, New York April 17, 2024 ALAN RIPKA & ASSOCIATES, LLP __________________________ Jaclyn Bronzo, Esq. Attorneys for the Plaintiff 400 Madison Avenue, Suite 12D New York, NY 10017 1 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 TO: CITY OF NEW YORK 100 CHURCH STREET, NEW YORK, NY 10007 CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION 100 CHURCH STREET, NEW YORK, NY 10007 CENTRAL PARK CONSERVANCY 14 E. 60TH STREET, NEW YORK, NY 10022 NEW YORK CITY DEPARTMENT OF TRANSPORTATION 100 CHURCH STREET NEW YORK, NY 10007 2 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK DAVID BERENBAUM, Index No.: Plaintiff, Date Filed: -against- VERIFIED COMPLAINT CITY OF NEW YORK, CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, CENTRAL PARK CONSERVANCY, and NEW YORK CITY DEPARTMENT OF TRANSPORTATION, Defendants. Plaintiff, DAVID BERENBAUM (“Plaintiff”), by his attorneys, ALAN RIPKA & ASSOCIATES, LLP, complaining of the Defendants, CITY OF NEW YORK, CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, CENTRAL PARK CONSERVANCY, AND NEW YORK CITY DEPARTMENT OF TRANSPORTATION, alleges, upon information and belief: PARTIES & JURISDICTION 1. On May 9, 2023, and all relevant times, Plaintiff, DAVID BERENBAUM, was a resident of the County of the New York, and City and State of New York. 2. On May 9, 2023, and all relevant times, Defendant CITY OF NEW YORK was a municipal corporation of the State of New York, having its principal office at City Hall, New York, New York 10007. 3 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 3. On May 9, 2023, and all relevant times, Defendant 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. 4. On May 9, 2023, and all relevant times, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION was an agency of Defendant CITY OF NEW YORK. 5. On May 9, 2023, and all relevant times, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION was a municipal corporation duly organized and existing under and by virtue of the Laws of the State of New York. 6. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK CONSERVANCY was a domestic corporation duly organized and existing under and by virtue of the Laws of the State of New York. 7. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK CONSERVANCY was a domestic not for profit corporation duly organized and existing under and by virtue of the Laws of the State of New York. 8. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK CONSERVANCY was and still is a foreign corporation authorized to do business under and by virtue of the Laws of the State of New York. 9. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK CONSERVANCY maintained a principal place of business in the State of New York. 10. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK CONSERVANCY, conducted and carried on business in the State of New York. 4 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 11. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK CONSERVANCY transacted business in the State of New York. 12. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK CONSERVANCY derived substantial revenue from goods used or consumed or serviced rendered in the State of New York. 13. On May 9, 2023, and all relevant times, Defendant CENTRAL PARK CONSERVANCY expected or should have reasonably expected its acts to have consequences in the State of New York. 14. On May 9, 2023, and all relevant times, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION was and still is and agency duly organized and existing under and by virtue of the laws of the State of New York. 15. On May 9, 2023 and all relevant times, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION was and still is a municipal agency, duly organized and existing under and by virtue of the laws of the City of New York, doing business in the State of New York. 16. Prior to the commencement of this action, on August 8, 2023, and within the time prescribed by law, a sworn Notice of Claim stating, among other things, the time, date and place where Plaintiff sustained injuries and damages were sustained, together with Plaintiff's demands for adjustment thereof, were served upon Defendants, CITY OF NEW YORK, CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, CENTRAL PARK CONSERVANCY, and NEW YORK CITY DEPARTMENT OF TRANSPORTATION. 5 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 17. On November 10, 2023, an oral examination upon oral questions were held pursuant to Section 50H of the General Municipal Law, wherein Plaintiff testified relative to the occurrence and extent of the injuries or damages from which her claim is made. 18. At least thirty days have elapsed since the service of the above-mentioned Notice of Claim, and as of this filing, adjustment or payment thereof has been neglected or refused by both Defendants. 19. This action is being commenced within one year and ninety days after accrual of this cause of action or within the otherwise time allowed by law. 20. The Supreme Court of the State of New York has jurisdiction in that the amount of damages sought herein exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 21. Plaintiff sustained and will continue to sustain damages, including personal injuries, severe pain and suffering, and economic damages, as a result of Defendants’ negligence and unreasonable conduct in the maintenance, inspection, repair, supervision and otherwise control of the roadway, street, or path, as fully pleaded herein. 22. On May 9, 2023, and at all relevant times herein mentioned under the West Drive overpass on 86th Street (hereinafter, “the accident location”), in Central Park in the County of New York and State of New York, is a much traveled roadway and is in constant use by the residents of the city and other persons. 23. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, owned the Accident location. 6 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 24. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, was the lessor and/or lessee the Accident location. 25. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, managed the Accident location. 26. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, maintained the Accident location. 27. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, supervised the Accident location. 28. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, used the Accident location. 29. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, made special use of the Accident location. 30. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, restored the Accident location. 31. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to inspect the Accident location. 7 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 32. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to clean the Accident location. 33. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, controlled the Accident location. 34. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, designed the Accident location. 35. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to maintain the Accident location in a safe, suitable, hazard-free condition. 36. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to maintain the Accident location. 37. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to keep the Accident location free and clear of defects and dangerous conditions. 38. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to keep the Accident location hazard-free, defect-free, and safe to use by pedestrians and the public at large, including Plaintiff. 8 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 39. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to restore said Accident location. 40. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to repair said Accident location. 41. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to repave said Accident location. 42. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to reconstruct said Accident location. 43. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to clean said Accident location. 44. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to warn pedestrians and the public at large, including Plaintiff, of dangers, defects, and hazards on said Accident location. 45. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to provide an alternative suitable walkway for use by pedestrians and the public at large, including Plaintiff. 9 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 46. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to direct pedestrian traffic through a safe and hazard-free walkway at or near Accident location. 47. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to illuminate the Accident location. 48. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to supervise construction and repairs to the Accident location. 49. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to divert the public, including Plaintiff, away from those portions of the Accident location which were dangerous, hazardous, trap-like, slippery, wet, and otherwise defective. 50. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to rope and/or cordon off the above-mentioned on and about the Accident location to prevent harm to pedestrians, including Plaintiff. 51. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, breached their duty owed to Plaintiff. 52. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, breached their duty owed to Plaintiff in that the Accident location was defective, dangerous, and hazardous. 10 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 53. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, owned the Accident location. 54. On May 9, 2023, Defendant CITY OF NEW YORK, its agents, agencies, departments, contractors, employees, special employees, and servants, was the lessor and/or lessee the Accident location. 55. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, managed the Accident location. 56. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, maintained the Accident location. 57. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, supervised the Accident location. 58. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, used the Accident location. 59. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, made special use of the Accident location. 11 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 60. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, restored the Accident location. 61. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to inspect the Accident location. 62. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to clean the Accident location. 63. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, controlled the Accident location. 64. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, designed the Accident location. 65. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to maintain the Accident location in a safe, suitable, hazard- free condition. 66. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to maintain the Accident location. 12 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 67. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to keep the Accident location free and clear of defects and dangerous conditions. 68. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to keep the Accident location hazard-free, defect-free, and safe to use by pedestrians and the public at large, including Plaintiff. 69. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to restore said Accident location. 70. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to repair said Accident location. 71. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to repave said Accident location. 72. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to reconstruct said Accident location. 73. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to clean said Accident location. 13 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 74. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to warn pedestrians and the public at large, including Plaintiff, of dangers, defects, and hazards on said Accident location. 75. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to provide an alternative suitable walkway for use by pedestrians and the public at large, including Plaintiff. 76. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to direct pedestrian traffic through a safe and hazard-free walkway at or near Accident location. 77. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to illuminate the Accident location. 78. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to supervise construction and repairs to the Accident location. 79. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to divert the public, including Plaintiff, away from those portions of the Accident location which were dangerous, hazardous, trap-like, slippery, wet, and otherwise defective. 14 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 80. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to rope and/or cordon off the above-mentioned on and about the Accident location to prevent harm to pedestrians, including Plaintiff. 81. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, breached their duty owed to Plaintiff. 82. On May 9, 2023, Defendant CITY OF NEW YORK DEPARTMENT OF PARKS AND RECREATION, its agents, agencies, departments, contractors, employees, special employees, and servants, breached their duty owed to Plaintiff in that the Accident location was defective, dangerous, and hazardous. 83. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, owned the Accident location. 84. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, managed the Accident location. 85. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, was the lessor and/or lessee the Accident location. 86. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, maintained the Accident location. 15 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 87. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, supervised the Accident location. 88. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, used the Accident location. 89. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, made special use of the Accident location. 90. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, restored the Accident location. 91. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to inspect the Accident location. 92. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to clean the Accident location. 93. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, controlled the Accident location. 16 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 94. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, designed the Accident location. 95. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to maintain the Accident location in a safe, suitable, hazard-free condition. 96. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to maintain the Accident location. 97. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to keep the Accident location free and clear of defects and dangerous conditions. 98. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to keep the Accident location hazard-free, defect-free, and safe to use by pedestrians and the public at large, including Plaintiff. 99. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to restore said Accident location. 100. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to repair said Accident location. 17 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 101. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to repave said Accident location. 102. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to reconstruct said Accident location. 103. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to clean said Accident location. 104. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to warn pedestrians and the public at large, including Plaintiff, of dangers, defects, and hazards on said Accident location. 105. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to provide an alternative suitable walkway for use by pedestrians and the public at large, including Plaintiff. 106. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to direct pedestrian traffic through a safe and hazard-free walkway at or near Accident location. 107. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to illuminate the Accident location. 18 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 108. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to supervise construction and repairs to the Accident location. 109. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to divert the public, including Plaintiff, away from those portions of the Accident location which were dangerous, hazardous, trap-like, slippery, wet, and otherwise defective. 110. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to rope and/or cordon off the above-mentioned on and about the Accident location to prevent harm to pedestrians, including Plaintiff. 111. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, breached their duty owed to Plaintiff. 112. On May 9, 2023, Defendant CENTRAL PARK CONSERVANCY, its agents, agencies, departments, contractors, employees, special employees, and servants, breached their duty owed to Plaintiff in that the Accident location was defective, dangerous, and hazardous. 113. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, owned the Accident location. 114. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, was the lessor and/or lessee the Accident location. 19 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 115. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, managed the Accident location. 116. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, maintained the Accident location. 117. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, supervised the Accident location. 118. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, used the Accident location. 119. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, made special use of the Accident location. 120. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, restored the Accident location. 121. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to inspect the Accident location. 20 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 122. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to clean the Accident location. 123. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, controlled the Accident location. 124. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, designed the Accident location. 125. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to maintain the Accident location in a safe, suitable, hazard- free condition. 126. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to maintain the Accident location. 127. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to keep the Accident location free and clear of defects and dangerous conditions. 128. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special 21 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 employees, and servants, had a duty to keep the Accident location hazard-free, defect-free, and safe to use by pedestrians and the public at large, including Plaintiff. 129. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to restore said Accident location. 130. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to repair said Accident location. 131. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to repave said Accident location. 132. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to reconstruct said Accident location. 133. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to clean said Accident location. 134. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to warn pedestrians and the public at large, including Plaintiff, of dangers, defects, and hazards on said Accident location. 135. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special 22 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 employees, and servants, had a duty to provide an alternative suitable walkway for use by pedestrians and the public at large, including Plaintiff. 136. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to direct pedestrian traffic through a safe and hazard-free walkway at or near Accident location. 137. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to illuminate the Accident location. 138. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to supervise construction and repairs to the Accident location. 139. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to divert the public, including Plaintiff, away from those portions of the Accident location which were dangerous, hazardous, trap-like, slippery, wet, and otherwise defective. 140. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, had a duty to rope and/or cordon off the above-mentioned on and about the Accident location to prevent harm to pedestrians, including Plaintiff. 23 of 30 FILED: NEW YORK COUNTY CLERK 04/17/2024 05:52 PM INDEX NO. 153628/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 141. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, breached their duty owed to Plaintiff. 142. On May 9, 2023, Defendant NEW YORK CITY DEPARTMENT OF TRANSPORTATION, its agents, agencies, departments, contractors, employees, special employees, and servants, breached their duty owed to Plaintiff in that the Accident location was defective, dangerous, and hazardous. 143. On May 9, 2023, and at all relevant times, the defective, dangerous, hazardous, and trap-like conditions consisted of a slippery, dangerous, and hazardous condition at the Accident location. 144. On May 9, 2023, at approximately 04:00 PM, and at all relevant times, Plaintiff was caused to slip and fall and be violently precipitated to the ground when he came into contact with a dangerous and hazardous condition that was trap-like and unsafe existing at the accident location. 145. On May 9, 2023, and at all relevant times, Defendants, their agents, employees and/or servants, had notice of the dangerous conditions claimed herein. 146. As a result of the aforesaid dangerous and hazardous condition complained of herein, claimant, DAVID BERENBAUM, slipped and fell and sustained serious, severe, permanent personal injuries as a result of the negligence, recklessness and carelessness of the CITY OF NEW YORK, CITY OF NEW YO