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FILED: SUFFOLK COUNTY CLERK 04/23/2024 01:43 PM INDEX NO. 610225/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/23/2024
April 23, 2024
VIA CERTIFIED, RETURN RECEIPT REQUESTED
a = E OF NYS Department of Health
COHE N & J A F F E Corning Tower Building, Room 2438
Albany, NY 12237
Suffolk County Department of Social Services
Partners
200 Wireless Boulevard
STEPHENM. COHEN Hauppauge, New York 11788
RICHARD S. JAFFE
RE: Bryan M. Bracciodieta v. MSC Properties, Inc. et al
Index No.: 610225/2024 (Suffolk Supreme Court)
Associates
Dear Sir/Madam:
STEPHEN B. TIGER
CAITLIN A.McNAUGHTON
KATHERINE A. SAWICKI
PLEASE TAKE NOTICE that pursuant to CPLR 306-C, notice is hereby given of
commencement of an action for personal injuries by the following:
Name: Bryan M. Bracciodieta
Address: 50 Westbury Avenue, East Islip, NY 11730
Date of Incident: Febru 26, 2024
SSN:
Please find enclosed a copy of the Summons & Verified Complaint filed to commence
this action.
Please forward to our attention within twenty (20) days a notice of any liens.
If you have any questions, please feel free to contact Stephen B. Tiger, Esq. at (516)
358-6900, ext. 1020.
Yours truly,
CarokvSanchey
Carola Sanchez
Paralegal
enc.
2001Marcus Avenue, W295
Lake Success, NY 11042
516-358-6900
www.CohenJaffe.com
cas@CohenJaffe.com
sbt@cohenjaffe.com
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Law Office of Cohen & Jaffe
2001 Marcus Ave
Suite W295
New Hyde Park, NY 11042 USPS CERTIFIED MAIL
92148901687258000000074436
NYS DEPARTMENT OF HEALTH
CORNING TOWER BUILDING, ROOM 2438
ALBANY, NY 12237
posw.:assoo
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Law Office of Cohen & Jaffe
2001 Marcus Ave
Suite W295
New Hyde Park, NY 11042 USPS CERTIFIED MAIL
9214 8901 6872 5800 0000 0744 43
SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES
200 WIRELESS BOULEVARD
HAUPPAUGE, NEW YORK 11788
Postage:$8.8300
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index No.:
610225/2024
----------------------------------------------------X Date Purchased: 4/22/2024
BRYAN M. BRACCIODIETA,
Plaintiff designates
Plaintiff, SUFFOLK County as
the place of trial.
-against-
The basis of venue is
MSC PROPERTIES, INC., JMD RETAIL INC., Plaintiff's Residence
d/b/a 7-ELEVEN, and 7-ELEVEN, INC.
SUMMONS
Defendants. Plaintiff's Residence is
------------------------------------------------X 50 Westbury Avenue,
East Islip, New York.
To the above named Defendants: County of Suffolk
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 Plaintiffs Attorney(s), pursuant to CPLR 320, within 20 days after the service
of this summons, exclusive of the date 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.
Dated: Lake Success, New York
April 22, 2024
Yours, et ,
.
BY: STEPHEN B. TIGER, ESQ.
LAW OFFICE OF COHEN & JAFFE, LLP
Attorneys for Plaintiff
BRYAN M. BRACCIODIETA
2001 Marcus Avenue, Suite W295
Lake Success, New York 11042
Telephone: (516) 358-6900
Email: sbt(d!cohenjaffe.com
www.CohenJaffe.com
TO: (SEE RIDER)
carrier*****
****Please submit these papers to your insurance
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RIDER
MSC PROPERTIES, INC.
1100 Franklin Avenue,
Garden City, New York 11530
MSC PROPERTIES, INC.
654D N Wellwood Avenue, 196, s .
Lindenhurst, NY 11757
JMD RETAIL INC., D/B/A 7-ELEVEN
3269 Sunrise Highway,
Islip Terrace, New York 11752
Atta.: Ram Matlani
JMD Retail Inc. d/b/a 7-ELEVEN
310 Willis Avenue,
Syosset, New York 11791
Attn.: Ram Matlani
7-ELEVEN, INC.
C/O Corporate Creations Network, Inc.
600 Mamaroneck Avenue, Ste. 400,
Harrison, New York 10528
7-ELEVEN, INC.
Attn.: Corporate Real Estate
P.O. Box 711,
Dallas, Texas 75221-0711
7-ELEVEN, INC. (Northeast Division)
Attn.: Real Estate Representative
135 Maxes Road,
Melville, New York 11747
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
---------------------------------------------------------X Index No.:
610225/2024
BRYAN M. BRACCIODIETA,
VERIFIED COMPLAINT
Plaintiff,
Plaintiff demands a
-against- Trial By Jury
MSC PROPERTIES, INC., JMD RETAIL INC.,
d/b/a 7-ELEVEN, and 7-ELEVEN, TNC.
Defendants.
______________________________________..x
Plaintiff, BRYAN M. BRACCIODIETA, by his attorneys, LAW OFFICE OF COHEN &
JAFFE, LLP, as and for his complaint, upon information and belief, complains of the defendants
as follows:
THE PARTIES
1) At all times hereinafter mentioned, plaintiff, BRYAN M. BRACCIODIETA, was and
still is a resident of the County of Suffolk State of New York.
2) That at all times hereinafter mentioned, the defendant, MSC PROPERTIES, INC., was
a domestic corporation duly existing under and by virtue of the law of the State ofNew
York.
3) That at all times hereinafter mentioned, the defendant, JMD RETAIL INC., was a
domestic corporation duly existing under and by virtue of the law of the State of New
York.
4) At all times hereinafter mentioned, defendant, JMD RETAIL INC. was and still is
doing business as 7-ELEVEN.
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5) That at all times hereinafter mentioned, the defendant, 7-ELEVEN, INC., was and still
is a foreign business corporation doing business under the laws, charters and statutes
of the State of New York.
6) That this action falls within one or more of the exceptions set forth in Article 16 of the
CPLR.
AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF
BRYAN M. BRACCIODIETA
"1"
7) The plaintiff repeats, reiterates and realleges each and every paragraph numbered
"6"
through inclusive with the same force and effect as if said paragraphs were more
fully set forth at length herein.
8) At all times hereinafter mentioned, the defendant, MSC PROPERTIES, INC., owned
the premises located at 3269 Sunrise Highway, County of Suffolk, State of New York
including the parking lot in front of 7-ELEVEN thereat, hereinafter the "subject
premises".
9) At all times hereinafter mentioned, defendant, MSC PROPERTIES, INC., was the
lessor of the subject premises.
10) At all times hereinafter mentioned, defendant MSC PROPERTIES, INC., was the
lessee of the subject premises.
11) At all times hereinafter mentioned, the defendant, MSC PROPERTIES, INC., its
agents, servants and/or employees operated the subject premises.
12) At all times hereinafter mentioned, the defendant, MSC PROPERTIES, INC., its
agents, servants and/or employees managed the subject premises.
13) At all times hereinafter mentioned, the defendant, MSC PROPERTIES, INC., its
agents, servants and/or employees maintained the subject premises.
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14) At all times hereinafter mentioned, the defendant, MSC PROPERTIES, INC., its
agents, servants and/or employees controlled the subject premises.
15) At all times hereinafter mentioned, the defendant MSC PROPERTIES, INC., its agents,
servants and/or employees was responsible for the inspection, maintenance and repair
of the aforesaid premises.
16) At all times hereinafter mentioned, it was the duty of the defendant MSC
PROPERTIES, INC., its agents, servants and/or employees to maintain the subject
premises in a reasonably safe condition thereat.
At all times hereinafter the JMD RETAIL D/B/A 7-
17) mentioned, defendant, INC.,
ELEVEN, owned the premises located at 3269 Sunrise Highway, County of Suffolk,
State of New York including the parking lot in front of 7-ELEVEN thereat, hereinafter
the "subject premises".
18) At all times hereinafter mentioned, defendant, JMD RETAIL INC., D/B/A 7-ELEVEN,
was the lessor of the subject premises.
19) At all times hereinafter mentioned, defendant JMD RETAIL INC., D/B/A 7-ELEVEN,
was the lessee of the subject premises.
At all times hereinafter the JMD RETAIL D/B/A 7-
20) mentioned, defendant, INC.,
ELEVEN, its agents, servants and/or employees operated the subject premises.
At all times hereinafter the JMD RETAIL D/B/A 7-
21) mentioned, defendant, INC.,
ELEVEN, its agents, servants and/or employees managed the subject premises.
At all times hereinafter the JMD RETAIL D/B/A 7-
22) mentioned, defendant, INC.,
ELEVEN, its agents, servants and/or employees maintained the subject premises.
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At all times hereinafter the JMD RETAIL D/B/A 7-
23) mentioned, defendant, INC.,
ELEVEN, its agents, servants and/or employees controlled the subject premises.
24) At all times hereinafter the defendant JMD RETAIL D/B/A 7-
mentioned, INC.,
ELEVEN, its agents, servants and/or employees was responsible for the inspection,
maintenance and repair of the aforesaid premises.
25) At all times hereinafter mentioned, it was the duty of the defendant JMD RETAIL INC.,
D/B/A 7-ELEVEN, its agents, servants and/or employees to maintain the subject
premises in a reasonably safe condition thereat.
26) At all times hereinafter mentioned, defendant, 7-ELEVEN, INC., owned the premises
3269 Sunrise Highway, County of Suffolk, State of New York including the parking
lot in front of 7-ELEVEN thereat, hereinafter the "subject premises".
27) At all times hereinafter mentioned, defendant, 7-ELEVEN, INC., was the lessor of the
subject premises.
28) At all times hereinafter mentioned, defendant, 7-ELEVEN, INC., was the lessee of the
subject premises.
29) At all times hereinafter mentioned, defendant, 7-ELEVEN, INC., operated the subject
premises.
30) At all times hereinafter mentioned, defendant, 7-ELEVEN, INC., managed the subject
premises.
31) At all times hereinafter mentioned, defendant, 7-ELEVEN, INC., maintained the
subject premises.
32) At all times hereinafter mentioned, the defendant, 7-ELEVEN, INC., controlled the
premises subject premises.
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33) At all times hereinafter mentioned, defendants their agents, servants and/or employees
were responsible for the inspection, maintenance and repair of the aforesaid premises.
34) At all times hereinafter mentioned, it was the duty of the defendants, to maintain the
subject premises in a reasonably safe condition.
35) On or about February 26, 2024, plaintiff BRYAN M. BRACCIODIETA was lawfully
upon the aforesaid premises.
36) At the aforesaid time and place, the plaintiff, BRYAN M. BRACCIODIETA, was
caused to fall and sustain serious personal injuries due to the dangerous and hazardous
conditions thereat.
37) Plaintiff, BRYAN M. BRACCIODIETA's, injuries were due directly to the negligence
ofthe defendants, their agents, servants and/or employees in their ownership, operation,
management, inspection, maintenance and control of the subject premises; in failing to
provide a safe means of ingress and egress; in failing to maintain and repair the subject
premises; in failing to warn the plaintiff of the defect within the subject premises; in
failing to inspect, and otherwise causing and creating the hazardous condition then and
there existing, and in otherwise being negligent.
38) As a result of the foregoing, the plaintiff, BRYAN M. BRACCIODIETA, has been
damaged in an amount which exceeds the jurisdictional limit of all lower courts which
might otherwise have jurisdiction over this matter.
WHEREFORE, plaintiff demands judgment against the defendants on the first causes of
action in an amount which exceeds the jurisdictional limit of all lower courts which might
otherwise have jurisdiction over this matter, together with the interest, costs and disbursements of
this action and for such other, further and different relief as the court deems is just and proper.
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Dated: Lake Success, New York
April 22, 2024
Yo , etc.,
.
S EN B. TIGER, ESQ.
LAW OFFICE OF COHEN & JAFFE, LLP
Attorneys for Plaintiff
BRYAN M. BRACCIODIETA
2001 Marcus Avenue, Suite W295
Lake Success, New York 11042
Telephone: (516) 358-6900
www.CohenJaffe.com
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ATTORNEY'S VERIFICATION
I, the undersigned, an attorney admitted to practice in the courts of New York State, state:
I am an associate of the LAW OFFICE OF COHEN & JAFFE, LLP, attorneys of record for the
plaintiffs in the within action; I have read the foregoing SUMMONS and VERIFIED
COMPLAINT and know the contents thereof; and the same is true to my own knowledge, except
as to the matters therein stated to be alleged upon information and belief, and as to those matters I
believe it to be true. The reason this verification is made by me and not by the plaintiff is that the
plaintiff resides outside the county wherein this firm maintains its office.
The grounds of my belief as to all matters stated upon my own knowledge are as follows:
conversations with my client and information gathered in
Preview
FILED: SUFFOLK COUNTY CLERK 04/23/2024 01:43 PM INDEX NO. 610225/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/23/2024 April 23, 2024 VIA CERTIFIED, RETURN RECEIPT REQUESTED a = E OF NYS Department of Health COHE N & J A F F E Corning Tower Building, Room 2438 Albany, NY 12237 Suffolk County Department of Social Services Partners 200 Wireless Boulevard STEPHENM. COHEN Hauppauge, New York 11788 RICHARD S. JAFFE RE: Bryan M. Bracciodieta v. MSC Properties, Inc. et al Index No.: 610225/2024 (Suffolk Supreme Court) Associates Dear Sir/Madam: STEPHEN B. TIGER CAITLIN A.McNAUGHTON KATHERINE A. SAWICKI PLEASE TAKE NOTICE that pursuant to CPLR 306-C, notice is hereby given of commencement of an action for personal injuries by the following: Name: Bryan M. Bracciodieta Address: 50 Westbury Avenue, East Islip, NY 11730 Date of Incident: Febru 26, 2024 SSN: Please find enclosed a copy of the Summons & Verified Complaint filed to commence this action. Please forward to our attention within twenty (20) days a notice of any liens. If you have any questions, please feel free to contact Stephen B. Tiger, Esq. at (516) 358-6900, ext. 1020. Yours truly, CarokvSanchey Carola Sanchez Paralegal enc. 2001Marcus Avenue, W295 Lake Success, NY 11042 516-358-6900 www.CohenJaffe.com cas@CohenJaffe.com sbt@cohenjaffe.com 1 of 13 FILED: SUFFOLK COUNTY CLERK 04/23/2024 01:43 PM INDEX NO. 610225/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/23/2024 Law Office of Cohen & Jaffe 2001 Marcus Ave Suite W295 New Hyde Park, NY 11042 USPS CERTIFIED MAIL 92148901687258000000074436 NYS DEPARTMENT OF HEALTH CORNING TOWER BUILDING, ROOM 2438 ALBANY, NY 12237 posw.:assoo 2 of 13 FILED: SUFFOLK COUNTY CLERK 04/23/2024 01:43 PM INDEX NO. 610225/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/23/2024 Law Office of Cohen & Jaffe 2001 Marcus Ave Suite W295 New Hyde Park, NY 11042 USPS CERTIFIED MAIL 9214 8901 6872 5800 0000 0744 43 SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES 200 WIRELESS BOULEVARD HAUPPAUGE, NEW YORK 11788 Postage:$8.8300 3 of 13 FILED: INDEX NO. 610225/2024 ........- . SUFFOLK --.. w..... COUNTY www.... CLERK w........w. 04/23/2024 w --f "-=-r =-wa-- 01:43 PM NYSCEF NYSCEF DOC. DOC. NO. NO. 2 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/23/2024 04/22/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: 610225/2024 ----------------------------------------------------X Date Purchased: 4/22/2024 BRYAN M. BRACCIODIETA, Plaintiff designates Plaintiff, SUFFOLK County as the place of trial. -against- The basis of venue is MSC PROPERTIES, INC., JMD RETAIL INC., Plaintiff's Residence d/b/a 7-ELEVEN, and 7-ELEVEN, INC. SUMMONS Defendants. Plaintiff's Residence is ------------------------------------------------X 50 Westbury Avenue, East Islip, New York. To the above named Defendants: County of Suffolk 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 Plaintiffs Attorney(s), pursuant to CPLR 320, within 20 days after the service of this summons, exclusive of the date 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. Dated: Lake Success, New York April 22, 2024 Yours, et , . BY: STEPHEN B. TIGER, ESQ. LAW OFFICE OF COHEN & JAFFE, LLP Attorneys for Plaintiff BRYAN M. BRACCIODIETA 2001 Marcus Avenue, Suite W295 Lake Success, New York 11042 Telephone: (516) 358-6900 Email: sbt(d!cohenjaffe.com www.CohenJaffe.com TO: (SEE RIDER) carrier***** ****Please submit these papers to your insurance 4 of 13 FILED: SUFFOLK COUNTY CLERK 04/23/2024 01:43 PM INDEX NO. 610225/2024 NYSCEF NYSCEF DOC. DOC. NO. NO. 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/23/2024 04/22/2024 RIDER MSC PROPERTIES, INC. 1100 Franklin Avenue, Garden City, New York 11530 MSC PROPERTIES, INC. 654D N Wellwood Avenue, 196, s . Lindenhurst, NY 11757 JMD RETAIL INC., D/B/A 7-ELEVEN 3269 Sunrise Highway, Islip Terrace, New York 11752 Atta.: Ram Matlani JMD Retail Inc. d/b/a 7-ELEVEN 310 Willis Avenue, Syosset, New York 11791 Attn.: Ram Matlani 7-ELEVEN, INC. C/O Corporate Creations Network, Inc. 600 Mamaroneck Avenue, Ste. 400, Harrison, New York 10528 7-ELEVEN, INC. Attn.: Corporate Real Estate P.O. Box 711, Dallas, Texas 75221-0711 7-ELEVEN, INC. (Northeast Division) Attn.: Real Estate Representative 135 Maxes Road, Melville, New York 11747 5 of 13 FILED: SUFFOLK COUNTY CLERK 04/23/2024 01:43 PM INDEX NO. 610225/2024 NYSCEF NYSCEF DOC. DOC. NO. NO. 2 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/23/2024 04/22/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------------------------X Index No.: 610225/2024 BRYAN M. BRACCIODIETA, VERIFIED COMPLAINT Plaintiff, Plaintiff demands a -against- Trial By Jury MSC PROPERTIES, INC., JMD RETAIL INC., d/b/a 7-ELEVEN, and 7-ELEVEN, TNC. Defendants. ______________________________________..x Plaintiff, BRYAN M. BRACCIODIETA, by his attorneys, LAW OFFICE OF COHEN & JAFFE, LLP, as and for his complaint, upon information and belief, complains of the defendants as follows: THE PARTIES 1) At all times hereinafter mentioned, plaintiff, BRYAN M. BRACCIODIETA, was and still is a resident of the County of Suffolk State of New York. 2) That at all times hereinafter mentioned, the defendant, MSC PROPERTIES, INC., was a domestic corporation duly existing under and by virtue of the law of the State ofNew York. 3) That at all times hereinafter mentioned, the defendant, JMD RETAIL INC., was a domestic corporation duly existing under and by virtue of the law of the State of New York. 4) At all times hereinafter mentioned, defendant, JMD RETAIL INC. was and still is doing business as 7-ELEVEN. 6 of 13 FILED: SUFFOLK COUNTY CLERK 04/23/2024 01:43 PM INDEX NO. 610225/2024 NYSCEF NYSCEF DOC. DOC. NO. NO. 2 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/23/2024 04/22/2024 5) That at all times hereinafter mentioned, the defendant, 7-ELEVEN, INC., was and still is a foreign business corporation doing business under the laws, charters and statutes of the State of New York. 6) That this action falls within one or more of the exceptions set forth in Article 16 of the CPLR. AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF BRYAN M. BRACCIODIETA "1" 7) The plaintiff repeats, reiterates and realleges each and every paragraph numbered "6" through inclusive with the same force and effect as if said paragraphs were more fully set forth at length herein. 8) At all times hereinafter mentioned, the defendant, MSC PROPERTIES, INC., owned the premises located at 3269 Sunrise Highway, County of Suffolk, State of New York including the parking lot in front of 7-ELEVEN thereat, hereinafter the "subject premises". 9) At all times hereinafter mentioned, defendant, MSC PROPERTIES, INC., was the lessor of the subject premises. 10) At all times hereinafter mentioned, defendant MSC PROPERTIES, INC., was the lessee of the subject premises. 11) At all times hereinafter mentioned, the defendant, MSC PROPERTIES, INC., its agents, servants and/or employees operated the subject premises. 12) At all times hereinafter mentioned, the defendant, MSC PROPERTIES, INC., its agents, servants and/or employees managed the subject premises. 13) At all times hereinafter mentioned, the defendant, MSC PROPERTIES, INC., its agents, servants and/or employees maintained the subject premises. 7 of 13 FILED: ......",. SUFFOLK ww..w.... COUNTY www. .. CLERK w.....- 04/23/2024 w-. 01:43 PM ... INDEX NO. 610225/2024 .... ..v...-. ev.-.w NYSCEF NYSCEF DOC. DOC. NO. NO. 2 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/23/2024 04/22/2024 14) At all times hereinafter mentioned, the defendant, MSC PROPERTIES, INC., its agents, servants and/or employees controlled the subject premises. 15) At all times hereinafter mentioned, the defendant MSC PROPERTIES, INC., its agents, servants and/or employees was responsible for the inspection, maintenance and repair of the aforesaid premises. 16) At all times hereinafter mentioned, it was the duty of the defendant MSC PROPERTIES, INC., its agents, servants and/or employees to maintain the subject premises in a reasonably safe condition thereat. At all times hereinafter the JMD RETAIL D/B/A 7- 17) mentioned, defendant, INC., ELEVEN, owned the premises located at 3269 Sunrise Highway, County of Suffolk, State of New York including the parking lot in front of 7-ELEVEN thereat, hereinafter the "subject premises". 18) At all times hereinafter mentioned, defendant, JMD RETAIL INC., D/B/A 7-ELEVEN, was the lessor of the subject premises. 19) At all times hereinafter mentioned, defendant JMD RETAIL INC., D/B/A 7-ELEVEN, was the lessee of the subject premises. At all times hereinafter the JMD RETAIL D/B/A 7- 20) mentioned, defendant, INC., ELEVEN, its agents, servants and/or employees operated the subject premises. At all times hereinafter the JMD RETAIL D/B/A 7- 21) mentioned, defendant, INC., ELEVEN, its agents, servants and/or employees managed the subject premises. At all times hereinafter the JMD RETAIL D/B/A 7- 22) mentioned, defendant, INC., ELEVEN, its agents, servants and/or employees maintained the subject premises. 8 of 13 FILED: INDEX NO. 610225/2024 . ...-....., . SUFFOLK ..,-.. --.. COUNTY ---.... CLERK ---.- 04/23/2024 ,.. ., ...., -...-. 01:43 .... . .... PM .-, NYSCEF NYSCEF DOC. DOC. NO. NO. 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/23/2024 04/22/2024 At all times hereinafter the JMD RETAIL D/B/A 7- 23) mentioned, defendant, INC., ELEVEN, its agents, servants and/or employees controlled the subject premises. 24) At all times hereinafter the defendant JMD RETAIL D/B/A 7- mentioned, INC., ELEVEN, its agents, servants and/or employees was responsible for the inspection, maintenance and repair of the aforesaid premises. 25) At all times hereinafter mentioned, it was the duty of the defendant JMD RETAIL INC., D/B/A 7-ELEVEN, its agents, servants and/or employees to maintain the subject premises in a reasonably safe condition thereat. 26) At all times hereinafter mentioned, defendant, 7-ELEVEN, INC., owned the premises 3269 Sunrise Highway, County of Suffolk, State of New York including the parking lot in front of 7-ELEVEN thereat, hereinafter the "subject premises". 27) At all times hereinafter mentioned, defendant, 7-ELEVEN, INC., was the lessor of the subject premises. 28) At all times hereinafter mentioned, defendant, 7-ELEVEN, INC., was the lessee of the subject premises. 29) At all times hereinafter mentioned, defendant, 7-ELEVEN, INC., operated the subject premises. 30) At all times hereinafter mentioned, defendant, 7-ELEVEN, INC., managed the subject premises. 31) At all times hereinafter mentioned, defendant, 7-ELEVEN, INC., maintained the subject premises. 32) At all times hereinafter mentioned, the defendant, 7-ELEVEN, INC., controlled the premises subject premises. 9 of 13 FILED: SUFFOLK COUNTY CLERK 04/23/2024 01:43 PM INDEX NO. 610225/2024 NYSCEF NYSCEF DOC. DOC. NO. NO. 2 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/23/2024 04/22/2024 33) At all times hereinafter mentioned, defendants their agents, servants and/or employees were responsible for the inspection, maintenance and repair of the aforesaid premises. 34) At all times hereinafter mentioned, it was the duty of the defendants, to maintain the subject premises in a reasonably safe condition. 35) On or about February 26, 2024, plaintiff BRYAN M. BRACCIODIETA was lawfully upon the aforesaid premises. 36) At the aforesaid time and place, the plaintiff, BRYAN M. BRACCIODIETA, was caused to fall and sustain serious personal injuries due to the dangerous and hazardous conditions thereat. 37) Plaintiff, BRYAN M. BRACCIODIETA's, injuries were due directly to the negligence ofthe defendants, their agents, servants and/or employees in their ownership, operation, management, inspection, maintenance and control of the subject premises; in failing to provide a safe means of ingress and egress; in failing to maintain and repair the subject premises; in failing to warn the plaintiff of the defect within the subject premises; in failing to inspect, and otherwise causing and creating the hazardous condition then and there existing, and in otherwise being negligent. 38) As a result of the foregoing, the plaintiff, BRYAN M. BRACCIODIETA, has been damaged in an amount which exceeds the jurisdictional limit of all lower courts which might otherwise have jurisdiction over this matter. WHEREFORE, plaintiff demands judgment against the defendants on the first causes of action in an amount which exceeds the jurisdictional limit of all lower courts which might otherwise have jurisdiction over this matter, together with the interest, costs and disbursements of this action and for such other, further and different relief as the court deems is just and proper. 10 of 13 FILED: SUFFOLK COUNTY CLERK 04/23/2024 01:43 PM INDEX NO. 610225/2024 NYSCEF NYSCEF DOC. DOC. NO. NO. 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/23/2024 04/22/2024 Dated: Lake Success, New York April 22, 2024 Yo , etc., . S EN B. TIGER, ESQ. LAW OFFICE OF COHEN & JAFFE, LLP Attorneys for Plaintiff BRYAN M. BRACCIODIETA 2001 Marcus Avenue, Suite W295 Lake Success, New York 11042 Telephone: (516) 358-6900 www.CohenJaffe.com 11 of 13 FILED: SUFFOLK COUNTY CLERK 04/23/2024 01:43 PM INDEX NO. 610225/2024 NYSCEF NYSCEF DOC. DOC, NO. NO. 21 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/23/2024 04/22/2024 ATTORNEY'S VERIFICATION I, the undersigned, an attorney admitted to practice in the courts of New York State, state: I am an associate of the LAW OFFICE OF COHEN & JAFFE, LLP, attorneys of record for the plaintiffs in the within action; I have read the foregoing SUMMONS and VERIFIED COMPLAINT and know the contents thereof; and the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. The reason this verification is made by me and not by the plaintiff is that the plaintiff resides outside the county wherein this firm maintains its office. The grounds of my belief as to all matters stated upon my own knowledge are as follows: conversations with my client and information gathered in