Preview
FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024
SUPREME COURT OF THE STATE OF NEW YORK FILED:
COUNTY OF QUEENS INDEX NO:
----------------------------------------------------------------------X
PAULA THEN RIVERA, SUMMONS
Plaintiff, Plaintiff designates
Queens County
-against- as the place of trial.
119 SUTPHIN REALTY CORP., and FOOD WORLD The basis of venue is:
SUPERMARKET, INC. D/B/A FOOD WORLD Situs of Occurrence
SUTPHIN,
Defendants.
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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 17, 2024
The nature of this action is for injuries sustained as a result of the Defendants’ negligence.
The relief sought is monetary damages.
LIAKAS LAW, P.C.
_______________________
By: Joshua Versoza, Esq.
Attorneys for Plaintiff
40 Wall Street, 50th Fl
New York, New York 10005
(212) 937-7765
Failure to respond, a judgment will be against you, by default and interest from February 2, 2024.
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Names and Addresses of Defendants to be served:
119 SUTPHIN REALTY CORP.
C/O SECRETARY OF STATE
-and-
420 MADISON AVE RM 301
NEW YORK, NY 10017
FOOD WORLD SUPERMARKET, INC.
D/B/A FOOD WORLD SUTPHIN
C/O SECRETARY OF STATE
-and-
671 PROSPECT AVENUE,
BRONX, NY 10455
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SUPREME COURT OF THE STATE OF NEW YORK FILED:
COUNTY OF QUEENS INDEX NO:
------------------------------------------------------------------------X
PAULA THEN RIVERA,
VERIFIED COMPLAINT
Plaintiff,
-against-
119 SUTPHIN REALTY CORP., and FOOD WORLD
SUPERMARKET, INC. D/B/A FOOD WORLD
SUTPHIN,
Defendants.
-------------------------------------------------------------------------X
Plaintiff, by her attorneys, LIAKAS LAW, P.C., complaining of the defendants herein,
respectfully shows to this court and alleges as follows:
1. That Plaintiff, PAULA THEN RIVERA, at all times herein mentioned, was and still is a
resident of the County of Suffolk and the State of New York.
2. That at all the times hereinafter alleged, and upon information and belief, Defendant, 119
SUTPHIN REALTY CORP., was an entity organized and existing under and by virtue of
the laws of the State of New York.
3. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., was and still is a domestic corporation organized and existing
under and by virtue of the laws of the State of New York.
4. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., was and still is a foreign corporation authorized to do business
under and by virtue of the laws of the State of New York.
5. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., was and still is a foreign corporation authorized to do business
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under and by virtue of the laws of the State of New York and one of its members are domiciled
in the State of New York.
6. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., maintained a principal place of business in the State of New
York
7. That at all the times hereinafter alleged, and upon information and belief, Defendant, 119
SUTPHIN REALTY CORP., conducted and carried on business in the State of New York.
8. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., transacted business within the State of New York.
9. That at all the times hereinafter alleged, and upon information and belief, Defendant, 119
SUTPHIN REALTY CORP., derived substantial revenue from goods used or consumed or
services rendered in the State of New York.
10. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., expected or should have reasonably expected its acts to have
consequences in the County of Queens, City and State of New York.
11. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, was an
entity organized and existing under and by virtue of the laws of the State of New York.
12. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, was and
still is a domestic corporation organized and existing under and by virtue of the laws of the
State of New York.
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13. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, was and
still is a foreign corporation authorized to do business under and by virtue of the laws of the
State of New York.
14. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, maintained
a principal place of business in the State of New York.
15. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, conducted
and carried on business in the State of New York.
16. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, transacted
business within the State of New York
17. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, derived
substantial revenue from goods used or consumed or services rendered in the State of New
York.
18. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, expected
or should have reasonably expected its acts to have consequences in the County of Queens,
City and State of New York.
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19. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., owned the premises, located at 119-14 Sutphin Blvd, in the
County of Queens, City and State of New York.
20. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., was the lessor of the premises, located at 119-14 Sutphin
Blvd, in the County of Queens, City and State of New York.
21. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., was the lessee of the premises, located at 119-14 Sutphin
Blvd, in the County of Queens, City and State of New York.
22. That at all the times hereinafter alleged, and upon information and belief, Defendant, 119
SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees managed
the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New
York.
23. That at all the times hereinafter alleged, and upon information and belief, Defendant, 119
SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees operated
the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New
York.
24. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees
maintained the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and
State of New York.
25. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees controlled
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the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New
York.
26. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees
supervised the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and
State of New York.
27. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
119 SUTPHIN REALTY CORP., defendant’s servants, agents, and/or employees
inspected the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and
State of New York.
28. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees repaired
the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New
York.
29. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees designed
the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New
York.
30. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees renovated
the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New
York.
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31. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119
SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees
constructed the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and
State of New York.
32. That at all the times hereinafter alleged, and upon information and belief, it was the duty of
Defendant, 119 SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or
employees to maintain said premises, located at 119-14 Sutphin Blvd, in the County of Queens,
City and State of New York, in a reasonably safe and suitable condition.
33. That at all the times hereinafter alleged, and upon information and belief, it was the duty of
Defendant, 119 SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or
employees to maintain said premises, located at 119-14 Sutphin Blvd, more specifically the
sidewalk adjacent to the premises, in the County of Queens, City and State of New York, in
a reasonably safe and suitable condition.
34. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, owned
the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of
New York.
35. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, was the
lessor of the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State
of New York.
36. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, was the
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lessee of the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State
of New York.
37. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD
WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s
servants, agents and/or employees managed the premises, located at 119-14 Sutphin Blvd, in
the County of Queens, City and State of New York.
38. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD
WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s
servants, agents and/or employees operated the premises, located at 119-14 Sutphin Blvd, in
the County of Queens, City and State of New York.
39. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD
WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s
servants, agents and/or employees maintained the premises, located at 119-14 Sutphin Blvd,
in the County of Queens, City and State of New York.
40. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD
WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s
servants, agents and/or employees controlled the premises, located at 119-14 Sutphin Blvd, in
the County of Queens, City and State of New York.
41. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and
Defendant’s servants, agents and/or employees supervised the premises, located at 119-14
Sutphin Blvd, in the County of Queens, City and State of New York.
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42. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN,
defendant’s servants, agents, and/or employees inspected the premises, located at 119-14
Sutphin Blvd, in the County of Queens, City and State of New York.
43. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD
WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s
servants, agents and/or employees repaired the premises, located at 119-14 Sutphin Blvd, in
the County of Queens, City and State of New York.
44. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD
WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s
servants, agents and/or employees designed the premises, located at 119-14 Sutphin Blvd, in
the County of Queens, City and State of New York.
45. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD
WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s
servants, agents and/or employees renovated the premises, located at 119-14 Sutphin Blvd, in
the County of Queens, City and State of New York.
46. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD
WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s
servants, agents and/or employees constructed the premises, located at 119-14 Sutphin Blvd,
in the County of Queens, City and State of New York.
47. That at all the times hereinafter alleged, and upon information and belief, it was the duty of
Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD
SUTPHIN, and Defendant’s servants, agents and/or employees to maintain said premises,
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located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York, in a
reasonably safe and suitable condition.
48. That at all the times hereinafter alleged, and upon information and belief, it was the duty of
Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD
SUTPHIN, and Defendant’s servants, agents and/or employees to maintain said premises,
located at 119-14 Sutphin Blvd, more specifically the sidewalk adjacent to the premises, in
the County of Queens, City and State of New York, in a reasonably safe and suitable condition.
49. That prior to and on February 2, 2024, Defendant, FOOD WORLD SUPERMARKET,
INC. D/B/A FOOD WORLD SUTPHIN, operated a FOOD WORLD SUTPHIN at 119-
14 Sutphin Blvd, in the County of Queens, City and State of New York.
50. That prior to and on February 2, 2024, Defendant, 119 SUTPHIN REALTY CORP., leased
the property to Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD
WORLD SUTPHIN, to use as a supermarket.
51. That prior and on February 2, 2024, Defendants and/or their employees and agents exercised
a special use of the sidewalk adjacent to the premises.
52. That on or about February 2, 2024, the Plaintiff, PAULA THEN RIVERA, was lawfully upon
the aforesaid premises.
53. That on or about February 2, 2024, Plaintiff, PAULA THEN RIVERA, was lawfully upon
the aforesaid premises and/or the adjacent sidewalk.
54. That on or about February 2, 2024, Plaintiff, PAULA THEN RIVERA, was caused to trip
and fall at the aforesaid premises.
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55. That on or about February 2, 2024, Plaintiff, PAULA THEN RIVERA, was caused to trip
and fall due to a broken, cracked, depressed, misaligned, uneven and/or otherwise defective
condition at the aforesaid premises.
56. That on or about February 2, 2024, the Plaintiff, PAULA THEN RIVERA, was caused to be
seriously injured when she was caused to trip and fall due to a broken, cracked, depressed,
misaligned, uneven and/or otherwise defective condition at the aforesaid premises.
57. That this occurrence was caused by reason of the negligence, carelessness and recklessness of
the Defendants, and/or Defendant’s agents, servants and/or employees, in the ownership,
management, maintenance, control, supervision, inspection, repair, design, renovation and
construction of the aforesaid premises, located at 119-14 Sutphin Blvd, in the County of
Queens, City and State of New York; in creating said broken, cracked, depressed, misaligned,
uneven and defective condition; in failing to properly inspect, remedy and/or remove said
dangerous condition.
58. The Defendants, herein was negligent, reckless and careless in that they violated its duties to
persons lawfully on the aforesaid premises and to this Plaintiff, PAULA THEN RIVERA, in
particular, in knowingly, permitting, suffering and allowing a defective, dangerous, trap like
condition to be present at the aforesaid premises, become and remain defective, dangerous and
unsafe, and were further negligent in failing to take suitable precautions for the safety of
persons lawfully at the aforesaid premises. Specifically, in failing to give any notice or warning
to Plaintiff of said dangerous condition.
59. That the aforesaid accident and the injuries resulting therefrom were due solely and wholly, as
the result of the careless and negligent manner in which the Defendants owned, managed,
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operated, maintained, controlled, supervised, inspected, repaired, designed, renovated, and
constructed the aforesaid premises, without the Plaintiff contributing in any way thereto.
60. That by reason of the foregoing and the negligence of Defendants, the Plaintiff, PAULA
THEN RIVERA, was severely injured, bruised and wounded, suffered, still suffers and will
continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame
and disabled and so remained for a considerable length of time.
61. That by reason of the foregoing, the Plaintiff, PAULA THEN RIVERA, was compelled to
and did necessarily require medical aid and attention, and did necessarily pay and become
liable therefore, for medicines and upon information and belief, Plaintiff will necessarily incur
similar expenses.
62. That by reason of the foregoing, Plaintiff, PAULA THEN RIVERA, has been unable to
attend to her usual occupation in the manner required.
63. That one or more of the provisions of §1602 of the Civil Practice Law and Rules do apply to
the within action.
64. That as a result of the foregoing, Plaintiff, PAULA THEN RIVERA, sustained damages in
an amount which exceeds the jurisdictional limits of all other Courts which would otherwise
have jurisdiction.
65. That by reason of the foregoing, the Plaintiff, PAULA THEN RIVERA, was damaged in
an amount exceeding seventy-five thousand dollars.
WHEREFORE, the Plaintiff, PAULA THEN RIVERA, demands judgment against the
defendants in an amount which exceeds the jurisdictional limits of all other Courts which would
otherwise have jurisdiction herein, together with costs and disbursements of this action, and with
interest from the date of the accident, in an amount to be determined upon trial of this action.
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Dated: New York, New York
April 17, 2024
LIAKAS LAW, P.C.
______________________
By: Joshua Versoza, Esq.
Attorneys for Plaintiff
40 Wall Street, 50th Fl
New York, New York 10005
(212) 937-7765
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ATTORNEY’S VERIFICATION
STATE OF NEW YORK )
) ss
COUNTY OF NEW YORK )
I, the undersigned, an attorney admitted to practice in the courts of New York State, state under
penalty of perjury that I am one of the attorneys for Plaintiff in the within action; I have read the
foregoing SUMMONS AND VERIFIED COMPLAINT and know the contents thereof; the same
is true to my own knowledge, except as to the matters therein stated to be alleged on information
and belief, and as to those matters I believe to be true. The reason this verification is made by me
and not by my client, is that my client is not presently in the County where I maintain my offices.
The grounds of my belief as to all matters not stated upon my own knowledge are the materials in
my file and the investigations conducted by my office.
Dated: New York, New York
April 17, 2024
LIAKAS LAW, P.C.
_______________________
By: Joshua Versoza, Esq.
Attorneys for Plaintiff
40 Wall Street, 50th Fl
New York, New York 10005
(212) 937-7765
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
_____________________________________________________________________________
PAULA THEN RIVERA,
Plaintiff,
-against-
119 SUTPHIN REALTY CORP., and FOOD WORLD SUPERMARKET, INC. D/B/A
FOOD WORLD SUTPHIN,
Defendants.
______________________________________________________________________________
LIAKAS LAW, P.C.
40 Wall Street, 50th FL
New York, New York 10005
212.937.7765
______________________________________________________________________________
SUMMONS AND VERIFIED COMPLAINT
______________________________________________________________________________
STATE OF NEW YORK, COUNTY OF YORK, SS:
JOSHUA VERSOZA, the undersigned, an attorney admitted to practice in the Courts of
New York State, affirms the following:
I further certify that my signature below acts as a “certification” for the documents
attached hereto, in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22
NYCRR).
Dated: New York, New York
April 17, 2024
_________________
Joshua Versoza, Esq.
______________________________________________________________________________
PLEASE TAKE NOTICE
() that the within is a (certified) true copy of a Notice of entered in the Office of the clerk of
the within Entry named Court on
() that an Order of which the within is a true copy will be presented for Notice of settlement
to the Hon. one of the Judges of the Settlement within named Court, on at
______________________________________________________________________________
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Preview
FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 SUPREME COURT OF THE STATE OF NEW YORK FILED: COUNTY OF QUEENS INDEX NO: ----------------------------------------------------------------------X PAULA THEN RIVERA, SUMMONS Plaintiff, Plaintiff designates Queens County -against- as the place of trial. 119 SUTPHIN REALTY CORP., and FOOD WORLD The basis of venue is: SUPERMARKET, INC. D/B/A FOOD WORLD Situs of Occurrence SUTPHIN, 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 17, 2024 The nature of this action is for injuries sustained as a result of the Defendants’ negligence. The relief sought is monetary damages. LIAKAS LAW, P.C. _______________________ By: Joshua Versoza, Esq. Attorneys for Plaintiff 40 Wall Street, 50th Fl New York, New York 10005 (212) 937-7765 Failure to respond, a judgment will be against you, by default and interest from February 2, 2024. 1 of 16 FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 Names and Addresses of Defendants to be served: 119 SUTPHIN REALTY CORP. C/O SECRETARY OF STATE -and- 420 MADISON AVE RM 301 NEW YORK, NY 10017 FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN C/O SECRETARY OF STATE -and- 671 PROSPECT AVENUE, BRONX, NY 10455 2 of 16 FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 SUPREME COURT OF THE STATE OF NEW YORK FILED: COUNTY OF QUEENS INDEX NO: ------------------------------------------------------------------------X PAULA THEN RIVERA, VERIFIED COMPLAINT Plaintiff, -against- 119 SUTPHIN REALTY CORP., and FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, Defendants. -------------------------------------------------------------------------X Plaintiff, by her attorneys, LIAKAS LAW, P.C., complaining of the defendants herein, respectfully shows to this court and alleges as follows: 1. That Plaintiff, PAULA THEN RIVERA, at all times herein mentioned, was and still is a resident of the County of Suffolk and the State of New York. 2. That at all the times hereinafter alleged, and upon information and belief, Defendant, 119 SUTPHIN REALTY CORP., was an entity organized and existing under and by virtue of the laws of the State of New York. 3. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 4. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., was and still is a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 5. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., was and still is a foreign corporation authorized to do business 3 of 16 FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 under and by virtue of the laws of the State of New York and one of its members are domiciled in the State of New York. 6. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., maintained a principal place of business in the State of New York 7. That at all the times hereinafter alleged, and upon information and belief, Defendant, 119 SUTPHIN REALTY CORP., conducted and carried on business in the State of New York. 8. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., transacted business within the State of New York. 9. That at all the times hereinafter alleged, and upon information and belief, Defendant, 119 SUTPHIN REALTY CORP., derived substantial revenue from goods used or consumed or services rendered in the State of New York. 10. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., expected or should have reasonably expected its acts to have consequences in the County of Queens, City and State of New York. 11. That at all the times hereinafter alleged, and upon information and belief, the Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, was an entity organized and existing under and by virtue of the laws of the State of New York. 12. That at all the times hereinafter alleged, and upon information and belief, the Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 4 of 16 FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 13. That at all the times hereinafter alleged, and upon information and belief, the Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, was and still is a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 14. That at all the times hereinafter alleged, and upon information and belief, the Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, maintained a principal place of business in the State of New York. 15. That at all the times hereinafter alleged, and upon information and belief, the Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, conducted and carried on business in the State of New York. 16. That at all the times hereinafter alleged, and upon information and belief, the Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, transacted business within the State of New York 17. That at all the times hereinafter alleged, and upon information and belief, the Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, derived substantial revenue from goods used or consumed or services rendered in the State of New York. 18. That at all the times hereinafter alleged, and upon information and belief, the Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, expected or should have reasonably expected its acts to have consequences in the County of Queens, City and State of New York. 5 of 16 FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 19. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., owned the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 20. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., was the lessor of the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 21. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., was the lessee of the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 22. That at all the times hereinafter alleged, and upon information and belief, Defendant, 119 SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees managed the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 23. That at all the times hereinafter alleged, and upon information and belief, Defendant, 119 SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees operated the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 24. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees maintained the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 25. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees controlled 6 of 16 FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 26. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees supervised the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 27. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., defendant’s servants, agents, and/or employees inspected the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 28. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees repaired the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 29. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees designed the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 30. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees renovated the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 7 of 16 FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 31. That at all the times hereinafter alleged, and upon information and belief, the Defendant, 119 SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees constructed the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 32. That at all the times hereinafter alleged, and upon information and belief, it was the duty of Defendant, 119 SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees to maintain said premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York, in a reasonably safe and suitable condition. 33. That at all the times hereinafter alleged, and upon information and belief, it was the duty of Defendant, 119 SUTPHIN REALTY CORP., and Defendant’s servants, agents and/or employees to maintain said premises, located at 119-14 Sutphin Blvd, more specifically the sidewalk adjacent to the premises, in the County of Queens, City and State of New York, in a reasonably safe and suitable condition. 34. That at all the times hereinafter alleged, and upon information and belief, the Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, owned the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 35. That at all the times hereinafter alleged, and upon information and belief, the Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, was the lessor of the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 36. That at all the times hereinafter alleged, and upon information and belief, the Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, was the 8 of 16 FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 lessee of the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 37. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s servants, agents and/or employees managed the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 38. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s servants, agents and/or employees operated the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 39. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s servants, agents and/or employees maintained the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 40. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s servants, agents and/or employees controlled the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 41. That at all the times hereinafter alleged, and upon information and belief, the Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s servants, agents and/or employees supervised the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 9 of 16 FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 42. That at all the times hereinafter alleged, and upon information and belief, the Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, defendant’s servants, agents, and/or employees inspected the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 43. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s servants, agents and/or employees repaired the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 44. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s servants, agents and/or employees designed the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 45. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s servants, agents and/or employees renovated the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 46. That at all the times hereinafter alleged, and upon information and belief, Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s servants, agents and/or employees constructed the premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York. 47. That at all the times hereinafter alleged, and upon information and belief, it was the duty of Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s servants, agents and/or employees to maintain said premises, 10 of 16 FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York, in a reasonably safe and suitable condition. 48. That at all the times hereinafter alleged, and upon information and belief, it was the duty of Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, and Defendant’s servants, agents and/or employees to maintain said premises, located at 119-14 Sutphin Blvd, more specifically the sidewalk adjacent to the premises, in the County of Queens, City and State of New York, in a reasonably safe and suitable condition. 49. That prior to and on February 2, 2024, Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, operated a FOOD WORLD SUTPHIN at 119- 14 Sutphin Blvd, in the County of Queens, City and State of New York. 50. That prior to and on February 2, 2024, Defendant, 119 SUTPHIN REALTY CORP., leased the property to Defendant, FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, to use as a supermarket. 51. That prior and on February 2, 2024, Defendants and/or their employees and agents exercised a special use of the sidewalk adjacent to the premises. 52. That on or about February 2, 2024, the Plaintiff, PAULA THEN RIVERA, was lawfully upon the aforesaid premises. 53. That on or about February 2, 2024, Plaintiff, PAULA THEN RIVERA, was lawfully upon the aforesaid premises and/or the adjacent sidewalk. 54. That on or about February 2, 2024, Plaintiff, PAULA THEN RIVERA, was caused to trip and fall at the aforesaid premises. 11 of 16 FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 55. That on or about February 2, 2024, Plaintiff, PAULA THEN RIVERA, was caused to trip and fall due to a broken, cracked, depressed, misaligned, uneven and/or otherwise defective condition at the aforesaid premises. 56. That on or about February 2, 2024, the Plaintiff, PAULA THEN RIVERA, was caused to be seriously injured when she was caused to trip and fall due to a broken, cracked, depressed, misaligned, uneven and/or otherwise defective condition at the aforesaid premises. 57. That this occurrence was caused by reason of the negligence, carelessness and recklessness of the Defendants, and/or Defendant’s agents, servants and/or employees, in the ownership, management, maintenance, control, supervision, inspection, repair, design, renovation and construction of the aforesaid premises, located at 119-14 Sutphin Blvd, in the County of Queens, City and State of New York; in creating said broken, cracked, depressed, misaligned, uneven and defective condition; in failing to properly inspect, remedy and/or remove said dangerous condition. 58. The Defendants, herein was negligent, reckless and careless in that they violated its duties to persons lawfully on the aforesaid premises and to this Plaintiff, PAULA THEN RIVERA, in particular, in knowingly, permitting, suffering and allowing a defective, dangerous, trap like condition to be present at the aforesaid premises, become and remain defective, dangerous and unsafe, and were further negligent in failing to take suitable precautions for the safety of persons lawfully at the aforesaid premises. Specifically, in failing to give any notice or warning to Plaintiff of said dangerous condition. 59. That the aforesaid accident and the injuries resulting therefrom were due solely and wholly, as the result of the careless and negligent manner in which the Defendants owned, managed, 12 of 16 FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 operated, maintained, controlled, supervised, inspected, repaired, designed, renovated, and constructed the aforesaid premises, without the Plaintiff contributing in any way thereto. 60. That by reason of the foregoing and the negligence of Defendants, the Plaintiff, PAULA THEN RIVERA, was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled and so remained for a considerable length of time. 61. That by reason of the foregoing, the Plaintiff, PAULA THEN RIVERA, was compelled to and did necessarily require medical aid and attention, and did necessarily pay and become liable therefore, for medicines and upon information and belief, Plaintiff will necessarily incur similar expenses. 62. That by reason of the foregoing, Plaintiff, PAULA THEN RIVERA, has been unable to attend to her usual occupation in the manner required. 63. That one or more of the provisions of §1602 of the Civil Practice Law and Rules do apply to the within action. 64. That as a result of the foregoing, Plaintiff, PAULA THEN RIVERA, sustained damages in an amount which exceeds the jurisdictional limits of all other Courts which would otherwise have jurisdiction. 65. That by reason of the foregoing, the Plaintiff, PAULA THEN RIVERA, was damaged in an amount exceeding seventy-five thousand dollars. WHEREFORE, the Plaintiff, PAULA THEN RIVERA, demands judgment against the defendants in an amount which exceeds the jurisdictional limits of all other Courts which would otherwise have jurisdiction herein, together with costs and disbursements of this action, and with interest from the date of the accident, in an amount to be determined upon trial of this action. 13 of 16 FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 Dated: New York, New York April 17, 2024 LIAKAS LAW, P.C. ______________________ By: Joshua Versoza, Esq. Attorneys for Plaintiff 40 Wall Street, 50th Fl New York, New York 10005 (212) 937-7765 14 of 16 FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 ATTORNEY’S VERIFICATION STATE OF NEW YORK ) ) ss COUNTY OF NEW YORK ) I, the undersigned, an attorney admitted to practice in the courts of New York State, state under penalty of perjury that I am one of the attorneys for Plaintiff in the within action; I have read the foregoing SUMMONS AND VERIFIED COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe to be true. The reason this verification is made by me and not by my client, is that my client is not presently in the County where I maintain my offices. The grounds of my belief as to all matters not stated upon my own knowledge are the materials in my file and the investigations conducted by my office. Dated: New York, New York April 17, 2024 LIAKAS LAW, P.C. _______________________ By: Joshua Versoza, Esq. Attorneys for Plaintiff 40 Wall Street, 50th Fl New York, New York 10005 (212) 937-7765 15 of 16 FILED: QUEENS COUNTY CLERK 04/17/2024 12:37 PM INDEX NO. 708237/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS _____________________________________________________________________________ PAULA THEN RIVERA, Plaintiff, -against- 119 SUTPHIN REALTY CORP., and FOOD WORLD SUPERMARKET, INC. D/B/A FOOD WORLD SUTPHIN, Defendants. ______________________________________________________________________________ LIAKAS LAW, P.C. 40 Wall Street, 50th FL New York, New York 10005 212.937.7765 ______________________________________________________________________________ SUMMONS AND VERIFIED COMPLAINT ______________________________________________________________________________ STATE OF NEW YORK, COUNTY OF YORK, SS: JOSHUA VERSOZA, the undersigned, an attorney admitted to practice in the Courts of New York State, affirms the following: I further certify that my signature below acts as a “certification” for the documents attached hereto, in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR). Dated: New York, New York April 17, 2024 _________________ Joshua Versoza, Esq. ______________________________________________________________________________ PLEASE TAKE NOTICE () that the within is a (certified) true copy of a Notice of entered in the Office of the clerk of the within Entry named Court on () that an Order of which the within is a true copy will be presented for Notice of settlement to the Hon. one of the Judges of the Settlement within named Court, on at ______________________________________________________________________________ 16 of 16