Preview
FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024
EXHIBIT A
FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024
In the Matter of the Claim of
X
JUSTIN McAVOY
Claimant, NOTICE OF CLAIM
-against-
CITY OF NEW YORK.
Respondent.
X
TO; CITY OF NEW YORK
Office of The Comptroller
1 Centre Street
Room 1225
New York, New York 10007
PLEASE TAKE NOTICE, that the undersigned claimant hereby makes claim and demand
against the respondent, CITY OF NEW YORK, as follows;
1. The name and address of the claimant and claimant's attorneys:
Claimant Attorneys
Justin McAvoy Cellino Law, LLP.
118 West 112‘^ Street By: Allan Silverstein.
New York, N.Y 10026 420 Lexington Avenue Suite 830
NEWYORK, NY 101701
646-292-7340
2. The nature of the claim:
To recover money damages for personal injuries, pain and suffering, medical
expenses and related damages incurred by and on behalf of claimant, JUSTIN McAVOY
by reason of the negligence, recklessness and carelessness of the CITY OF NEW YORK
its agents, servants, employees and/or licensees.
3. The time when, the place where and the manner in which the claim arose:
On October 4 2023 at approximately 11:15 a.m., while claimant JUSTIN McAVOY
was a lawful pedestrian in the front of 1951 -1953 Seventh Avenue a/k/a Adam Clayton
Powell Bivd , New York, New York 10038, near the southeast corner of 118*^ Street and
Seventh Avenue a/k/a Adam Clayton Powell Bid . New York he was caused to trip and fall
due to a cracked, uneven, raised, depressed, mis-leveled and otherwise defective
sidewalk/curb . The defect consists of an uneven, raised, depressed, mis-leveled
sidewalk/curb . Annexed hereto are four (4) copies of photos of the defect and incident
location.
As a result of the aforesaid dangerous and hazardous condition complained of
herein, claimant, JUSTIN McAVOY, tripped and fell and sustained severe, permanent
FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024
personal injuries as a result of the negligence, carelessness and recklessness of the CITY
OF NEW YORK, its agents, servants, licensees, contractors, subcontractors, employees
and other affiliates, agencies and departments, and those acting under its direction,
behest, permission and control, in the ownership, operation, design, construction,
management, maintenance, contracting, subcontracting, supervision, authorizing use and
control of the above mentioned location, in carelessly and negligently failing to properly
maintain said sidewalk and curb ; in allowing the sidewalk and curb to become obstructed,
cracked, uneven, raised, depressed, mis-leveled and have missing portions thereof,
deteriorated, and/or in a state of disrepair and/or improper repair; in failing to inspect
and/or improperly inspecting said sidewalk and curb ; in causing, permitting and allowing a
trap, hazard and nuisance to be and exist for an excessive and unreasonable period of
time, despite having actual written notice of said dangerous and hazardous conditions
complained of herein at least fifteen (15) days prior to the occurrence and/or constructive
notice of said dangerous and hazardous conditions complained of herein; in failing to take
the necessary steps to remedy, repair, correct, remove and alleviate said condition; in
failing to undertake proper a^d^r adequate safety studies and/or surveys; in failing to
repair said sidewalk and curb and/or in performing improper, inadequate and defective
repairs on said sidewalk and curb at the aforesaid location; in failing to erect barricades, or
otherwise restrict the use of the aforesaid area to prevent injury to the general public and
this claimant; in failing to erect barricades, or otherwise restrict use of the aforesaid
sidewalk area thereby endangering the general public and, more particularly claimant
herein as a result of the hazard, trap and nuisance existing at the aforesaid location; in
failing to warn the general public and claimant herein, of the subject hazard, trap and
nuisance; in permitting and allowing the aforesaid condition to exist on the sidewalk at the
aforesaid location; in actually causing and creating the aforesaid defective, dangerous and
hazardous condition; in permitting and allowing the aforesaid dangerous and hazardous
conditions to exist on the sidewalk and curb at the aforesaid location which constitutes a
trap, hazard and nuisance; and in failing to take the necessary measures and steps to
avoid and othen/vise prevent the aforesaid incident which was foreseeable.
4. Claimant JUSTIN McAVOY sustained multiple bodily injuries including, but
not limited to a a ruptured quadriceps tendon which required surgery, the full extent of
which are presently unknown, which have caused claimant to incur and continue to incur
expenses for medical attention and treatment and caused claimant to be absent from
employment with a resultant loss therefrom. Claimant JUSTIN McAVOY has suffered
damages in the sum of FIVE MILLION DOLLARS ($5,000,000.00).
The undersigned claimants therefore present this claim for adjustment and
payment. You are hereby notified that unless said claim is adjusted and paid within the
time provided by law from the date of presentation to you, the claimants intend to
commence an action on this claim.
Dated: New York, New York
December 5, 2023
All" e(afein"
A ttorney for Claimant
FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024
4
d
Cellino LAW LLP
420 Lexington Avenue - Suite 830
New York, New York 1070
646-292-7340
FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024
EXHIBIT A
FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024
12/5/23. 5:25 PM 1951 Adam Clayton Powell Jr Blvd - Google Maps
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FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024
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FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024
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FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024
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FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024
VERIFICATION
STATE OF NEW YORK )
COUNTY OF New York : SS.:
CITY OF New York )
Justin McAvoy, being duly sworn, deposes and says that she is the
plaintiff in the within action; that he has read the foregoing NOTICE OF CLAIM
Verification and knows the contents thereof; that the same is true to the knowledge of
the deponent, except as to the matters therein stated to be alleged on information and
belief, and that as to those matters, he believes them to be true.
/
j /
Justin McAvoy?=.
STATE OF NEW YORK)
COUNTY OF NEW YORK: SS.:)
On the 11’’’^ day of December, in the year 2023 before me, the
undersigned, personally appeared Justin McAvoy, personally known to me or proved to
me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that they executed the same in her
capacity and that by her signature on'tlie instrument, the individual or the person upon
behalf of which the individual acted(executed the Instrument.
RETORIAESTAPHAN V C .
COMMISSIONER OF DEEDS, CITY OF NEW YORK
NO. 2-13015
CERT. FILED IN KINGS COUNTY
b ic/6ommissioner of Deeds
COMMISSION EXPIRES APRIL 1.2024
FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JUSTIN McAVOY Claimant
-against-
CITY OF NEW YORK Respondent. ]
NOTICE OF CLAIM
CELLINO LAW LLP
Attorneys for Plaintiff
Office & Post Office Address, Telephone
420 Lexington Avenue, Suite 830
New York, New York 10170
(800) 555-5555
Service of a copy of the within is hereby admitted.
Dated: New York, New York
December 12, 2023
PLEASETAKE NOTICE:
NOTICE OF ENTRY
that the within is a (certified) true copy of an Order
duly entered in the office of the clerk of the within named court on
. NOTICE OF SETTLEMENT
that an order of which the within is a true copy will be
presented for settlement to the HON. one of the judges of the
within named Court, at
on at M. .
Dated:
Yours, etc.
CELLINO LAW LLP.
Attorneys for Plaintiff
420 Lexington Avenue, Suite 830
New York, New York 10170
(800) 555-5555
Preview
FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 EXHIBIT A FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 In the Matter of the Claim of X JUSTIN McAVOY Claimant, NOTICE OF CLAIM -against- CITY OF NEW YORK. Respondent. X TO; CITY OF NEW YORK Office of The Comptroller 1 Centre Street Room 1225 New York, New York 10007 PLEASE TAKE NOTICE, that the undersigned claimant hereby makes claim and demand against the respondent, CITY OF NEW YORK, as follows; 1. The name and address of the claimant and claimant's attorneys: Claimant Attorneys Justin McAvoy Cellino Law, LLP. 118 West 112‘^ Street By: Allan Silverstein. New York, N.Y 10026 420 Lexington Avenue Suite 830 NEWYORK, NY 101701 646-292-7340 2. The nature of the claim: To recover money damages for personal injuries, pain and suffering, medical expenses and related damages incurred by and on behalf of claimant, JUSTIN McAVOY by reason of the negligence, recklessness and carelessness of the CITY OF NEW YORK its agents, servants, employees and/or licensees. 3. The time when, the place where and the manner in which the claim arose: On October 4 2023 at approximately 11:15 a.m., while claimant JUSTIN McAVOY was a lawful pedestrian in the front of 1951 -1953 Seventh Avenue a/k/a Adam Clayton Powell Bivd , New York, New York 10038, near the southeast corner of 118*^ Street and Seventh Avenue a/k/a Adam Clayton Powell Bid . New York he was caused to trip and fall due to a cracked, uneven, raised, depressed, mis-leveled and otherwise defective sidewalk/curb . The defect consists of an uneven, raised, depressed, mis-leveled sidewalk/curb . Annexed hereto are four (4) copies of photos of the defect and incident location. As a result of the aforesaid dangerous and hazardous condition complained of herein, claimant, JUSTIN McAVOY, tripped and fell and sustained severe, permanent FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 personal injuries as a result of the negligence, carelessness and recklessness of the CITY OF NEW YORK, its agents, servants, licensees, contractors, subcontractors, employees and other affiliates, agencies and departments, and those acting under its direction, behest, permission and control, in the ownership, operation, design, construction, management, maintenance, contracting, subcontracting, supervision, authorizing use and control of the above mentioned location, in carelessly and negligently failing to properly maintain said sidewalk and curb ; in allowing the sidewalk and curb to become obstructed, cracked, uneven, raised, depressed, mis-leveled and have missing portions thereof, deteriorated, and/or in a state of disrepair and/or improper repair; in failing to inspect and/or improperly inspecting said sidewalk and curb ; in causing, permitting and allowing a trap, hazard and nuisance to be and exist for an excessive and unreasonable period of time, despite having actual written notice of said dangerous and hazardous conditions complained of herein at least fifteen (15) days prior to the occurrence and/or constructive notice of said dangerous and hazardous conditions complained of herein; in failing to take the necessary steps to remedy, repair, correct, remove and alleviate said condition; in failing to undertake proper a^d^r adequate safety studies and/or surveys; in failing to repair said sidewalk and curb and/or in performing improper, inadequate and defective repairs on said sidewalk and curb at the aforesaid location; in failing to erect barricades, or otherwise restrict the use of the aforesaid area to prevent injury to the general public and this claimant; in failing to erect barricades, or otherwise restrict use of the aforesaid sidewalk area thereby endangering the general public and, more particularly claimant herein as a result of the hazard, trap and nuisance existing at the aforesaid location; in failing to warn the general public and claimant herein, of the subject hazard, trap and nuisance; in permitting and allowing the aforesaid condition to exist on the sidewalk at the aforesaid location; in actually causing and creating the aforesaid defective, dangerous and hazardous condition; in permitting and allowing the aforesaid dangerous and hazardous conditions to exist on the sidewalk and curb at the aforesaid location which constitutes a trap, hazard and nuisance; and in failing to take the necessary measures and steps to avoid and othen/vise prevent the aforesaid incident which was foreseeable. 4. Claimant JUSTIN McAVOY sustained multiple bodily injuries including, but not limited to a a ruptured quadriceps tendon which required surgery, the full extent of which are presently unknown, which have caused claimant to incur and continue to incur expenses for medical attention and treatment and caused claimant to be absent from employment with a resultant loss therefrom. Claimant JUSTIN McAVOY has suffered damages in the sum of FIVE MILLION DOLLARS ($5,000,000.00). The undersigned claimants therefore present this claim for adjustment and payment. You are hereby notified that unless said claim is adjusted and paid within the time provided by law from the date of presentation to you, the claimants intend to commence an action on this claim. Dated: New York, New York December 5, 2023 All" e(afein" A ttorney for Claimant FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 4 d Cellino LAW LLP 420 Lexington Avenue - Suite 830 New York, New York 1070 646-292-7340 FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 EXHIBIT A FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 12/5/23. 5:25 PM 1951 Adam Clayton Powell Jr Blvd - Google Maps 1951 Adam Clayton Powell Jr Blvd -- New York J." Google Street View 22 See more dates ' ●T‘rc‘'-5 v; > ‘WJ. Image capture: Jun 2022 © 2023 Google Oy, ! rch ly Amy Rulli't hltps://ww\v,google,com/maps/@40.8043338.-73,9516369.3a.75y,115. 1h.90t/data=!3m6!1e1!3m4l1sKR5SAeqwGV2w38HeDLJUFA!2e0!7tl63a4!8i 81... 1/1 FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 .t FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 r-v-*; ●.ifr/.,?. I > « ' . ‘ : r-.l- <1,’*'!.,, .V ' *. 1 on '♦ . tj ** « . . '1 n , .1 ‘4 . I " (. . Ir " * . ea *. *’ -v^ r I I * ^ . ● \ 1 ● X ) ^ " *● u' La-' I , f ’J 1 ? . I . r V *.‘r ● : K- . a I 1 4 ● I « J . I ● ■J- 1 t f I ’ f %'. If t V I ■f ' f I ●*.. -t ♦ ,'5. . FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 . . a" a a" . . . a. r .- FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 VERIFICATION STATE OF NEW YORK ) COUNTY OF New York : SS.: CITY OF New York ) Justin McAvoy, being duly sworn, deposes and says that she is the plaintiff in the within action; that he has read the foregoing NOTICE OF CLAIM Verification and knows the contents thereof; that the same is true to the knowledge of the deponent, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, he believes them to be true. / j / Justin McAvoy?=. STATE OF NEW YORK) COUNTY OF NEW YORK: SS.:) On the 11’’’^ day of December, in the year 2023 before me, the undersigned, personally appeared Justin McAvoy, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that they executed the same in her capacity and that by her signature on'tlie instrument, the individual or the person upon behalf of which the individual acted(executed the Instrument. RETORIAESTAPHAN V C . COMMISSIONER OF DEEDS, CITY OF NEW YORK NO. 2-13015 CERT. FILED IN KINGS COUNTY b ic/6ommissioner of Deeds COMMISSION EXPIRES APRIL 1.2024 FILED: NEW YORK COUNTY CLERK 05/15/2024 04:02 PM INDEX NO. 154523/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JUSTIN McAVOY Claimant -against- CITY OF NEW YORK Respondent. ] NOTICE OF CLAIM CELLINO LAW LLP Attorneys for Plaintiff Office & Post Office Address, Telephone 420 Lexington Avenue, Suite 830 New York, New York 10170 (800) 555-5555 Service of a copy of the within is hereby admitted. Dated: New York, New York December 12, 2023 PLEASETAKE NOTICE: NOTICE OF ENTRY that the within is a (certified) true copy of an Order duly entered in the office of the clerk of the within named court on . NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named Court, at on at M. . Dated: Yours, etc. CELLINO LAW LLP. Attorneys for Plaintiff 420 Lexington Avenue, Suite 830 New York, New York 10170 (800) 555-5555