Preview
FILED: KINGS COUNTY CLERK 04/29/2024 12:27 PM INDEX NO. 512017/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Filed:_____________
_____________________________________________________
INDEX NO.
SHARON JONES,
Plaintiff, Plaintiff designates Kings
County as the place of trial.
-against-
SUMMONS
TRI-MESSINE CONSTRUCTION COMPANY, INC. and THE
HALLEN CONSTRUCTION CO., INC., The basis of venue is
the County in which the
Defendants. cause of action arose.
_____________________________________________________
To the above-named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer on the plaintiff's attorneys within 20 days after the service of this
summons, exclusive of the day of service of this summons, or within 30 days after service of this
summons is complete if this summons is not personally delivered to you within the State of New
York.
In case of your failure to answer this summons, a judgment by default will be taken
against you for the relief demanded in the complaint, together with the costs of this action.
Dated: New York, New York
April 29, 2024
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street
Fourteenth Floor
New York, New York 10038
(212) 227-5000
TRI-MESSINE CONSTRUCTION COMPANY, INC.
6851 Jericho Turnpike, Suite 240
Syosset, New York 11791
THE HALLEN CONSTRUCTION CO., INC.
4270 Austin Boulevard
Island Park, New York 11558
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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SHARON JONES, Index No.:
Plaintiff,
VERIFIED COMPLAINT
-against-
TRI-MESSINE CONSTRUCTION COMPANY, INC. and THE
HALLEN CONSTRUCTION CO., INC.,
Defendants.
-----------------------------------------------------------------------------X
Plaintiff, by her attorneys, ASHER & ASSOCIATES, P.C., as and for her Verified
Complaint, respectfully alleges, upon information and belief:
1. The plaintiff, SHARON JONES, at all times herein mentioned was and still is a
resident of the County of Kings and the State of New York.
2. The defendant THE HALLEN CONSTRUCTION CO., INC., at all times herein
mentioned, was and still is a corporation organized and existing under the laws of the State of
New York.
3. The defendant GLENWOOD PLUMBING & HEATING LLC, at all times herein
mentioned, was and still is a corporation organized and existing under the laws of the State of
New York.
4. On April 27, 2021, SHARON JONES was lawfully upon the roadway of Franklin
Avenue between Atlantic and Pacific Avenues, Brooklyn, New York.
5. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION
COMPANY, INC. obtained a permit to open the roadway of Franklin Avenue, Brooklyn, New
York.
6. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION
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COMPANY, INC. opened the roadway of Franklin Avenue, Brooklyn, New York.
7. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION
COMPANY, INC. did work upon the roadway of Franklin Avenue, Brooklyn, New York.
8. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION
COMPANY, INC., defendant's servants, agents and/or employees operated the roadway located
at Franklin Avenue, Brooklyn, New York.
9. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION
COMPANY, INC., defendant's servants, agents and/or employees maintained the roadway
located at Franklin Avenue, Brooklyn, New York.
10. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION
COMPANY, INC., defendant's servants, agents and/or employees managed the roadway located
at Franklin Avenue, Brooklyn, New York.
11. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION
COMPANY, INC., defendant's servants, agents and/or employees controlled the roadway
located at Franklin Avenue, Brooklyn, New York.
12. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION
COMPANY, INC., defendant's servants, agents and/or employees supervised the roadway
located at Franklin Avenue, Brooklyn, New York.
13. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION
COMPANY, INC., defendant's servants, agents and/or employees repaired the roadway located
at Franklin Avenue, Brooklyn, New York.
14. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION
2
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COMPANY, INC., defendant's servants, agents and/or employees inspected the roadway located
at Franklin Avenue, Brooklyn, New York.
15. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION
COMPANY, INC., defendant's servants, agents and/or employees constructed the roadway
located at Franklin Avenue, Brooklyn, New York.
16. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION
COMPANY, INC., defendant's servants, agents and/or employees designed the roadway located
at Franklin Avenue, Brooklyn, New York.
17. On or before April 27, 2021, it was the duty of the defendant TRI MESSINE
CONSTRUCTION COMPANY, INC., defendant's servants, agents and/or employees to
maintain said roadway located at Franklin Avenue, Brooklyn, New York, in a reasonably safe
and suitable condition and in good repair.
18. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO.,
INC. obtained a permit to open the roadway of Franklin Avenue, Brooklyn, New York.
19. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO.,
INC. opened the roadway of Franklin Avenue, Brooklyn, New York.
20. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO.,
INC. did work upon the roadway of Franklin Avenue, Brooklyn, New York.
21. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO.,
INC., defendant's servants, agents and/or employees operated the roadway located at Franklin
Avenue, Brooklyn, New York.
22. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO.,
3
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INC., defendant's servants, agents and/or employees maintained the roadway located at Franklin
Avenue, Brooklyn, New York.
23. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO.,
INC., defendant's servants, agents and/or employees managed the roadway located at Franklin
Avenue, Brooklyn, New York.
24. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO.,
INC., defendant's servants, agents and/or employees controlled the roadway located at Franklin
Avenue, Brooklyn, New York.
25. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO.,
INC., defendant's servants, agents and/or employees supervised the roadway located at Franklin
Avenue, Brooklyn, New York.
26. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO.,
INC., defendant's servants, agents and/or employees repaired the roadway located at Franklin
Avenue, Brooklyn, New York.
27. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO.,
INC., defendant's servants, agents and/or employees inspected the roadway located at Franklin
Avenue, Brooklyn, New York.
28. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO.,
INC., defendant's servants, agents and/or employees constructed the roadway located at Franklin
Avenue, Brooklyn, New York.
29. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO.,
INC., defendant's servants, agents and/or employees designed the roadway located at Franklin
4
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Avenue, Brooklyn, New York.
30. On or before April 27, 2021, it was the duty of the defendant THE HALLEN
CONSTRUCTION CO., INC., defendant's servants, agents and/or employees to maintain said
roadway located at Franklin Avenue, Brooklyn, New York, in a reasonably safe and suitable
condition and in good repair.
31. On April 27, 2021, the plaintiff was traversing the aforementioned roadway on her
scooter when she was caused to fall.
32. On April 27, 2021, the plaintiff was caused to be injured due to the dangerous and
defective condition existing thereat.
33. On April 27, 2021, the plaintiff was caused to be injured due to the negligence,
carelessness and recklessness of the defendants herein.
34. That the said accident and the injuries and damages to the plaintiff resulting there
from were caused solely and wholly by reason of the negligence, carelessness and recklessness
of the defendants, their agents, servants, employees and/or licensees in the ownership, operation,
control and maintenance of the roadway located as aforesaid in that they caused, permitted
and/or allowed said roadway at the aforementioned location to be, become and remain for a
period of time after notice, either actual or constructive, in a defective, dangerous and hazardous
condition; in that they failed to make timely, adequate and proper inspections of the condition of
said roadway; in that they failed to make timely, adequate and proper maintenance to said
roadway and/or made improper and inadequate maintenance to same; in that they failed to
employ adequate and competent personnel to inspect, maintain and/or repair said roadway; in
that they maintained said roadway in reckless disregard for the safety of plaintiff and others; in
5
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that they failed to warn plaintiff of the dangerous, traplike, unsafe and hazardous condition of
said roadway and in that they failed to take all necessary and proper means and precautions to
avoid the said accident.
35. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION
COMPANY, INC. d/b/a NATIONAL GRID NY caused and or created the aforementioned
dangerous condition.
36. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO.,
INC. caused and or created the aforementioned dangerous condition.
37. Solely as a result of the defendants' negligence, carelessness and recklessness,
SHARON JONES was caused to suffer severe and serious personal injuries to mind and body,
and further, that SHARON JONES was subjected to great physical pain and mental anguish.
38. By reason of the foregoing, SHARON JONES was severely injured and damaged,
sustained severe nervous shock and mental anguish, great physical pain and emotional upset,
some of which injuries are believed to be permanent in nature and duration, and SHARON
JONES will be permanently caused to suffer pain, inconvenience and other effects of such
injuries; SHARON JONES incurred and in the future will necessarily incur further hospital
and/or medical expenses in an effort to be cured of said injuries; and SHARON JONES will be
unable to pursue SHARON JONES's usual duties with the same degree of efficiency as prior to
this accident, all to SHARON JONES's great damage.
39. This action falls within one or more of the exceptions set forth in Section 1602 of the
Civil Practice Law and Rules.
40. Pursuant to CPLR Section 1602 (2) (iv), defendants are jointly and severally liable for
6
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all of plaintiff’s damages, including but not limited to plaintiff’s non-economic loss, irrespective
of the provisions of the CPLR Section 1601, by reason of the fact that defendants owed the
plaintiff a non-delegable duty of care.
41. Pursuant to CPLR Section 1602 (7), defendants are jointly and severally liable for all
of plaintiff’s damages, including but not limited to plaintiff’s non-economic loss, irrespective of
the provisions of the CPLR Section 1601, by reason of the fact that defendants acted with
reckless disregard of the safety of others.
42. Pursuant to CPLR Section 1602 (2) (iv), defendants are jointly and severally liable for
all of plaintiff’s damages, including but not limited to plaintiff’s non-economic loss, irrespective
of the provisions of the CPLR Section 1601, by reason of the fact that defendants are vicariously
liable for the negligent acts and omissions of others who caused or contributed to the plaintiff’s
damages.
43. Due to defendants' negligence, plaintiff is entitled to damages.
WHEREFORE, the plaintiff demands judgment awarding damages, in an amount
exceeding the monetary jurisdictional limits of all lower courts which would otherwise have
jurisdiction, together with interest and the costs and disbursements of this action, and such other
and further relief as to this Court seems just and proper.
Dated: New York, New York
April 29, 2024
______________________________
By: Ryan H. Asher
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street
Fourteenth Floor
New York, New York 10038
(212) 227-5000
7
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------X
SHARON JONES, Index No.:
Plaintiff,
ATTORNEY'S
-against- VERIFICATION
TRI-MESSINE CONSTRUCTION COMPANY, INC. and THE
HALLEN CONSTRUCTION CO., INC.,
Defendants.
-----------------------------------------------------------------------------X
Ryan H. Asher, an attorney duly admitted to practice law in the State of New York,
makes the following affirmation under the penalty of perjury:
I am of the firm of ASHER & ASSOCIATES, P.C., the attorneys of record for the
plaintiff.
I have read the foregoing 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 that as to those matters, I believe them to be true.
This verification is made by affirmant and not by plaintiff because she is not in the
County of New York, which is the County where your affirmant maintains offices.
The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
are correspondence had with the said plaintiff, information contained in the said plaintiff's file,
which is in affirmant's possession, and other pertinent data relating thereto.
Dated: New York, New York
April 29, 2024
_______________________________
RYAN H. ASHER
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Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
______________________________________________________________________________
SHARON JONES,
Plaintiff,
-against-
TRI-MESSINE CONSTRUCTION COMPANY, INC. and THE HALLEN CONSTRUCTION
CO., INC.,
Defendants.
_____________________________________________________________________________
SUMMONS and VERIFIED COMPLAINT
______________________________________________________________________________
______________________________________________________________________________
The Documents within are hereby certified pursuant to 22 N.Y.C.R.R. 130-1.1-a:
By:_____________________________
Ryan H. Asher
______________________________________________________________________________
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street
Fourteenth Floor
New York, New York 10038
(212) 227-5000
______________________________________________________________________________
PLEASE TAKE NOTICE
NOTICE OF
ENTRY
that the within is a (certified) true copy of a duly entered in the office of the Clerk
of the
within named Court on , 2024 .
NOTICE OF
SETTLEMENT
that an of which the within is a true copy will be presented to the Hon. one of
the
of the within named Court, at , New York, on , 2024 , at 9:30
A.M.
Dated:
10 of 10
Preview
FILED: KINGS COUNTY CLERK 04/29/2024 12:27 PM INDEX NO. 512017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Filed:_____________ _____________________________________________________ INDEX NO. SHARON JONES, Plaintiff, Plaintiff designates Kings County as the place of trial. -against- SUMMONS TRI-MESSINE CONSTRUCTION COMPANY, INC. and THE HALLEN CONSTRUCTION CO., INC., The basis of venue is the County in which the Defendants. cause of action arose. _____________________________________________________ To the above-named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff's attorneys within 20 days after the service of this summons, exclusive of the day of service of this summons, or within 30 days after service of this summons is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer this summons, a judgment by default will be taken against you for the relief demanded in the complaint, together with the costs of this action. Dated: New York, New York April 29, 2024 ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street Fourteenth Floor New York, New York 10038 (212) 227-5000 TRI-MESSINE CONSTRUCTION COMPANY, INC. 6851 Jericho Turnpike, Suite 240 Syosset, New York 11791 THE HALLEN CONSTRUCTION CO., INC. 4270 Austin Boulevard Island Park, New York 11558 1 of 10 FILED: KINGS COUNTY CLERK 04/29/2024 12:27 PM INDEX NO. 512017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------X SHARON JONES, Index No.: Plaintiff, VERIFIED COMPLAINT -against- TRI-MESSINE CONSTRUCTION COMPANY, INC. and THE HALLEN CONSTRUCTION CO., INC., Defendants. -----------------------------------------------------------------------------X Plaintiff, by her attorneys, ASHER & ASSOCIATES, P.C., as and for her Verified Complaint, respectfully alleges, upon information and belief: 1. The plaintiff, SHARON JONES, at all times herein mentioned was and still is a resident of the County of Kings and the State of New York. 2. The defendant THE HALLEN CONSTRUCTION CO., INC., at all times herein mentioned, was and still is a corporation organized and existing under the laws of the State of New York. 3. The defendant GLENWOOD PLUMBING & HEATING LLC, at all times herein mentioned, was and still is a corporation organized and existing under the laws of the State of New York. 4. On April 27, 2021, SHARON JONES was lawfully upon the roadway of Franklin Avenue between Atlantic and Pacific Avenues, Brooklyn, New York. 5. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION COMPANY, INC. obtained a permit to open the roadway of Franklin Avenue, Brooklyn, New York. 6. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION 2 of 10 FILED: KINGS COUNTY CLERK 04/29/2024 12:27 PM INDEX NO. 512017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 COMPANY, INC. opened the roadway of Franklin Avenue, Brooklyn, New York. 7. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION COMPANY, INC. did work upon the roadway of Franklin Avenue, Brooklyn, New York. 8. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION COMPANY, INC., defendant's servants, agents and/or employees operated the roadway located at Franklin Avenue, Brooklyn, New York. 9. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION COMPANY, INC., defendant's servants, agents and/or employees maintained the roadway located at Franklin Avenue, Brooklyn, New York. 10. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION COMPANY, INC., defendant's servants, agents and/or employees managed the roadway located at Franklin Avenue, Brooklyn, New York. 11. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION COMPANY, INC., defendant's servants, agents and/or employees controlled the roadway located at Franklin Avenue, Brooklyn, New York. 12. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION COMPANY, INC., defendant's servants, agents and/or employees supervised the roadway located at Franklin Avenue, Brooklyn, New York. 13. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION COMPANY, INC., defendant's servants, agents and/or employees repaired the roadway located at Franklin Avenue, Brooklyn, New York. 14. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION 2 3 of 10 FILED: KINGS COUNTY CLERK 04/29/2024 12:27 PM INDEX NO. 512017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 COMPANY, INC., defendant's servants, agents and/or employees inspected the roadway located at Franklin Avenue, Brooklyn, New York. 15. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION COMPANY, INC., defendant's servants, agents and/or employees constructed the roadway located at Franklin Avenue, Brooklyn, New York. 16. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION COMPANY, INC., defendant's servants, agents and/or employees designed the roadway located at Franklin Avenue, Brooklyn, New York. 17. On or before April 27, 2021, it was the duty of the defendant TRI MESSINE CONSTRUCTION COMPANY, INC., defendant's servants, agents and/or employees to maintain said roadway located at Franklin Avenue, Brooklyn, New York, in a reasonably safe and suitable condition and in good repair. 18. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO., INC. obtained a permit to open the roadway of Franklin Avenue, Brooklyn, New York. 19. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO., INC. opened the roadway of Franklin Avenue, Brooklyn, New York. 20. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO., INC. did work upon the roadway of Franklin Avenue, Brooklyn, New York. 21. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO., INC., defendant's servants, agents and/or employees operated the roadway located at Franklin Avenue, Brooklyn, New York. 22. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO., 3 4 of 10 FILED: KINGS COUNTY CLERK 04/29/2024 12:27 PM INDEX NO. 512017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 INC., defendant's servants, agents and/or employees maintained the roadway located at Franklin Avenue, Brooklyn, New York. 23. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO., INC., defendant's servants, agents and/or employees managed the roadway located at Franklin Avenue, Brooklyn, New York. 24. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO., INC., defendant's servants, agents and/or employees controlled the roadway located at Franklin Avenue, Brooklyn, New York. 25. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO., INC., defendant's servants, agents and/or employees supervised the roadway located at Franklin Avenue, Brooklyn, New York. 26. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO., INC., defendant's servants, agents and/or employees repaired the roadway located at Franklin Avenue, Brooklyn, New York. 27. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO., INC., defendant's servants, agents and/or employees inspected the roadway located at Franklin Avenue, Brooklyn, New York. 28. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO., INC., defendant's servants, agents and/or employees constructed the roadway located at Franklin Avenue, Brooklyn, New York. 29. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO., INC., defendant's servants, agents and/or employees designed the roadway located at Franklin 4 5 of 10 FILED: KINGS COUNTY CLERK 04/29/2024 12:27 PM INDEX NO. 512017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 Avenue, Brooklyn, New York. 30. On or before April 27, 2021, it was the duty of the defendant THE HALLEN CONSTRUCTION CO., INC., defendant's servants, agents and/or employees to maintain said roadway located at Franklin Avenue, Brooklyn, New York, in a reasonably safe and suitable condition and in good repair. 31. On April 27, 2021, the plaintiff was traversing the aforementioned roadway on her scooter when she was caused to fall. 32. On April 27, 2021, the plaintiff was caused to be injured due to the dangerous and defective condition existing thereat. 33. On April 27, 2021, the plaintiff was caused to be injured due to the negligence, carelessness and recklessness of the defendants herein. 34. That the said accident and the injuries and damages to the plaintiff resulting there from were caused solely and wholly by reason of the negligence, carelessness and recklessness of the defendants, their agents, servants, employees and/or licensees in the ownership, operation, control and maintenance of the roadway located as aforesaid in that they caused, permitted and/or allowed said roadway at the aforementioned location to be, become and remain for a period of time after notice, either actual or constructive, in a defective, dangerous and hazardous condition; in that they failed to make timely, adequate and proper inspections of the condition of said roadway; in that they failed to make timely, adequate and proper maintenance to said roadway and/or made improper and inadequate maintenance to same; in that they failed to employ adequate and competent personnel to inspect, maintain and/or repair said roadway; in that they maintained said roadway in reckless disregard for the safety of plaintiff and others; in 5 6 of 10 FILED: KINGS COUNTY CLERK 04/29/2024 12:27 PM INDEX NO. 512017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 that they failed to warn plaintiff of the dangerous, traplike, unsafe and hazardous condition of said roadway and in that they failed to take all necessary and proper means and precautions to avoid the said accident. 35. On or before April 27, 2021, the defendant TRI MESSINE CONSTRUCTION COMPANY, INC. d/b/a NATIONAL GRID NY caused and or created the aforementioned dangerous condition. 36. On or before April 27, 2021, the defendant THE HALLEN CONSTRUCTION CO., INC. caused and or created the aforementioned dangerous condition. 37. Solely as a result of the defendants' negligence, carelessness and recklessness, SHARON JONES was caused to suffer severe and serious personal injuries to mind and body, and further, that SHARON JONES was subjected to great physical pain and mental anguish. 38. By reason of the foregoing, SHARON JONES was severely injured and damaged, sustained severe nervous shock and mental anguish, great physical pain and emotional upset, some of which injuries are believed to be permanent in nature and duration, and SHARON JONES will be permanently caused to suffer pain, inconvenience and other effects of such injuries; SHARON JONES incurred and in the future will necessarily incur further hospital and/or medical expenses in an effort to be cured of said injuries; and SHARON JONES will be unable to pursue SHARON JONES's usual duties with the same degree of efficiency as prior to this accident, all to SHARON JONES's great damage. 39. This action falls within one or more of the exceptions set forth in Section 1602 of the Civil Practice Law and Rules. 40. Pursuant to CPLR Section 1602 (2) (iv), defendants are jointly and severally liable for 6 7 of 10 FILED: KINGS COUNTY CLERK 04/29/2024 12:27 PM INDEX NO. 512017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 all of plaintiff’s damages, including but not limited to plaintiff’s non-economic loss, irrespective of the provisions of the CPLR Section 1601, by reason of the fact that defendants owed the plaintiff a non-delegable duty of care. 41. Pursuant to CPLR Section 1602 (7), defendants are jointly and severally liable for all of plaintiff’s damages, including but not limited to plaintiff’s non-economic loss, irrespective of the provisions of the CPLR Section 1601, by reason of the fact that defendants acted with reckless disregard of the safety of others. 42. Pursuant to CPLR Section 1602 (2) (iv), defendants are jointly and severally liable for all of plaintiff’s damages, including but not limited to plaintiff’s non-economic loss, irrespective of the provisions of the CPLR Section 1601, by reason of the fact that defendants are vicariously liable for the negligent acts and omissions of others who caused or contributed to the plaintiff’s damages. 43. Due to defendants' negligence, plaintiff is entitled to damages. WHEREFORE, the plaintiff demands judgment awarding damages, in an amount exceeding the monetary jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with interest and the costs and disbursements of this action, and such other and further relief as to this Court seems just and proper. Dated: New York, New York April 29, 2024 ______________________________ By: Ryan H. Asher ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street Fourteenth Floor New York, New York 10038 (212) 227-5000 7 8 of 10 FILED: KINGS COUNTY CLERK 04/29/2024 12:27 PM INDEX NO. 512017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------X SHARON JONES, Index No.: Plaintiff, ATTORNEY'S -against- VERIFICATION TRI-MESSINE CONSTRUCTION COMPANY, INC. and THE HALLEN CONSTRUCTION CO., INC., Defendants. -----------------------------------------------------------------------------X Ryan H. Asher, an attorney duly admitted to practice law in the State of New York, makes the following affirmation under the penalty of perjury: I am of the firm of ASHER & ASSOCIATES, P.C., the attorneys of record for the plaintiff. I have read the foregoing 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 that as to those matters, I believe them to be true. This verification is made by affirmant and not by plaintiff because she is not in the County of New York, which is the County where your affirmant maintains offices. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are correspondence had with the said plaintiff, information contained in the said plaintiff's file, which is in affirmant's possession, and other pertinent data relating thereto. Dated: New York, New York April 29, 2024 _______________________________ RYAN H. ASHER 9 of 10 FILED: KINGS COUNTY CLERK 04/29/2024 12:27 PM INDEX NO. 512017/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/29/2024 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ______________________________________________________________________________ SHARON JONES, Plaintiff, -against- TRI-MESSINE CONSTRUCTION COMPANY, INC. and THE HALLEN CONSTRUCTION CO., INC., Defendants. _____________________________________________________________________________ SUMMONS and VERIFIED COMPLAINT ______________________________________________________________________________ ______________________________________________________________________________ The Documents within are hereby certified pursuant to 22 N.Y.C.R.R. 130-1.1-a: By:_____________________________ Ryan H. Asher ______________________________________________________________________________ ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street Fourteenth Floor New York, New York 10038 (212) 227-5000 ______________________________________________________________________________ PLEASE TAKE NOTICE NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the Clerk of the within named Court on , 2024 . NOTICE OF SETTLEMENT that an of which the within is a true copy will be presented to the Hon. one of the of the within named Court, at , New York, on , 2024 , at 9:30 A.M. Dated: 10 of 10