Preview
FILED: BRONX COUNTY CLERK 05/21/2024 03:50 PM INDEX NO. 808303/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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EVELYN MORALES, Index No.
Date of Filing:
Plaintiff,
- against - SUMMONS
THE CITY OF NEW YORK, Plaintiff designates
Bronx County as the
place of trial
The basis of venue is:
Defendant. Location of the accident
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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, or, if the complaint is not served with this summons, to serve a notice of
appearance on the Plaintiff's attorneys within twenty days after the service of this summons,
exclusive of the day of service, where service is made by delivery upon you personally within
the state, or, within 30 days after completion of service where service is made in any other
manner. 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: New York, New York
May 21, 2024
Yours, etc.
LAW OFFICES OF SCOTT R. HOUSENBOLD
By:____________________________________
SCOTT R. HOUSENBOLD
Attorneys for Plaintiff
27 Union Square West, Suite 307
New York, NY 10003
(212) 354-5048
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Defendant’s addresses:
THE CITY OF NEW YORK
100 Church Street
New York, NY 10007
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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EVELYN MORALES, Index No.
Plaintiff,
- against - VERIFIED
COMPLAINT
THE CITY OF NEW YORK,
Defendant.
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Plaintiff, by her attorney, LAW OFFICES OF SCOTT R. HOUSENBOLD,
complaining of the defendant, respectfully alleges, upon information and belief, as follows:
1. That the cause of action alleged herein arose in the County of Bronx, City and
State of New York.
2. That this action falls within one or more of the exemptions set forth in CPLR
§1602.
3. That all times hereinafter mentioned, there existed a premises located at 620
East 178th Street, in the County of Bronx, City and State of New York (hereinafter “the
premises”).
4. That all times hereinafter mentioned, there existed a sidewalk adjacent to
and/or in front of the premises (hereinafter “the sidewalk”).
5. That at all times herein mentioned, defendant was, and still is, a municipal
corporation.
6. That on October 29, 2023, and within the time prescribed by law, a sworn
Notice of Claim stating, among other things, the time when and place where the injuries and
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damages were sustained, together with plaintiff's demands for adjustment thereof was duly
served on the plaintiff’s behalf on the Comptroller for the City of New York and that
thereafter said Comptroller for the City of New York refused or neglected for more than thirty
(30) days, and up to the commencement of this action, to make any adjustment or payment
thereof, and that thereafter, and within the time provided by law, this action was commenced.
7. That on May 21, 2024, the defendant held an oral examination pursuant to
General Municipal Law 50(h).
8. That this action is being commenced within one year and ninety days after
accrual of this cause of action.
9. Upon information and belief, that on September 15, 2023 and at all times
hereinafter mentioned, defendant was the owner of the sidewalk.
10. Upon information and belief, that on September 15, 2023 and at all times
hereinafter mentioned, defendant, its agents, servants, employees and/or licensees, operated
the sidewalk.
11. Upon information and belief, that on September 15, 2023 and at all times
hereinafter mentioned, defendant its agents, servants, employees and/or licensees, controlled
the sidewalk.
12. Upon information and belief, that on September 15, 2023 and at all times
hereinafter mentioned, defendant, its agents, servants, employees and/or licensees, maintained
the sidewalk.
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13. Upon information and belief, that on September 15, 2023 and at all times
hereinafter mentioned, defendant, its agents, servants, employees and/or licensees, managed
the sidewalk.
14. That on September 15, 2023, the plaintiff was a lawful pedestrian on the
sidewalk.
15. That on September 15, 2023 and while the plaintiff was lawfully walking on
the sidewalk, she was caused to trip and fall over a broken, cracked, defective, raised, mis-
leveled and dilapidated portion of the sidewalk and, as a result, did sustain severe and
permanent injuries.
16. That the above mentioned occurrence, and the results thereof, were caused
wholly and solely by the negligence of the defendant, its servants, agents, employees and/or
licensees in the ownership, operation, management, maintenance and control of the sidewalk;
in negligently, recklessly and carelessly maintaining the sidewalk in a dangerous condition; in
failing to warn the plaintiff in particular and the public in general of the aforesaid dangerous
and hazardous condition; in failing to repair the aforesaid condition although the defendant
had prior notice of the said dangerous and hazardous condition sufficiently in advance of the
plaintiff's accident so that defendant could and should have repaired the same; and the
defendant was otherwise negligent, careless and reckless in the premises.
17. That, upon information and belief, the defendant had prior written notice of
this defective condition for at least fifteen (15) days prior to September 15, 2023.
18. That no negligence on the part of the plaintiff contributed to the occurrence
alleged herein in any manner whatsoever.
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19. That as a result of the foregoing, the plaintiff was caused to sustain serious
injuries and to have suffered pain, shock, mental anguish; that these injuries and their effects
will be permanent; and as a result of said injuries, the plaintiff has been caused to incur, and
will continue to incur, expenses for medical care and attention; and, as a further result, the
plaintiff was, and will continue to be, rendered unable to perform her normal activities and
duties and she has sustained a resultant loss therefrom.
20. That as a result of the foregoing, the plaintiff was damaged in an amount
which exceeds the jurisdiction of all lower courts.
WHEREFORE, the plaintiff demands judgment against the defendant in an amount
which exceeds the jurisdiction of all lower courts, together with the costs and disbursements
of this action.
Date: New York, New York
May 21, 2024
Yours, etc.
LAW OFFICES OF SCOTT R. HOUSENBOLD
By:____________________________________
SCOTT R. HOUSENBOLD
Attorneys for Plaintiff
27 Union Square West, Suite 307
New York, NY 10003
(212) 354-5048
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ATTORNEY'S VERIFICATION
SCOTT R. HOUSENBOLD, an attorney duly admitted to practice before the Courts
of the State of New York, affirms the following to be true under the penalties of perjury:
I am the attorney of record for Plaintiff(s). I have read the annexed
COMPLAINT
and know the contents thereof, and the same are true to my knowledge, except those matters
therein which are stated to be alleged upon information and belief, and as to those matters I
believe them to be true. My belief, as to those matters therein not stated upon knowledge, is
based upon facts, records, and other pertinent information contained in my files.
The reason this verification is made by me and not Plaintiff is that Plaintiff is not
presently in the county wherein the attorneys for the plaintiff maintain their offices.
DATED: New York, New York
May 21, 2024
_______________________
SCOTT R. HOUSENBOLD
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Preview
FILED: BRONX COUNTY CLERK 05/21/2024 03:50 PM INDEX NO. 808303/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X EVELYN MORALES, Index No. Date of Filing: Plaintiff, - against - SUMMONS THE CITY OF NEW YORK, Plaintiff designates Bronx County as the place of trial The basis of venue is: Defendant. Location of the accident ---------------------------------------------------------------------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, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff's attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. 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: New York, New York May 21, 2024 Yours, etc. LAW OFFICES OF SCOTT R. HOUSENBOLD By:____________________________________ SCOTT R. HOUSENBOLD Attorneys for Plaintiff 27 Union Square West, Suite 307 New York, NY 10003 (212) 354-5048 1 of 7 FILED: BRONX COUNTY CLERK 05/21/2024 03:50 PM INDEX NO. 808303/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 Defendant’s addresses: THE CITY OF NEW YORK 100 Church Street New York, NY 10007 2 of 7 FILED: BRONX COUNTY CLERK 05/21/2024 03:50 PM INDEX NO. 808303/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X EVELYN MORALES, Index No. Plaintiff, - against - VERIFIED COMPLAINT THE CITY OF NEW YORK, Defendant. ---------------------------------------------------------------------X Plaintiff, by her attorney, LAW OFFICES OF SCOTT R. HOUSENBOLD, complaining of the defendant, respectfully alleges, upon information and belief, as follows: 1. That the cause of action alleged herein arose in the County of Bronx, City and State of New York. 2. That this action falls within one or more of the exemptions set forth in CPLR §1602. 3. That all times hereinafter mentioned, there existed a premises located at 620 East 178th Street, in the County of Bronx, City and State of New York (hereinafter “the premises”). 4. That all times hereinafter mentioned, there existed a sidewalk adjacent to and/or in front of the premises (hereinafter “the sidewalk”). 5. That at all times herein mentioned, defendant was, and still is, a municipal corporation. 6. That on October 29, 2023, and within the time prescribed by law, a sworn Notice of Claim stating, among other things, the time when and place where the injuries and 3 of 7 FILED: BRONX COUNTY CLERK 05/21/2024 03:50 PM INDEX NO. 808303/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 damages were sustained, together with plaintiff's demands for adjustment thereof was duly served on the plaintiff’s behalf on the Comptroller for the City of New York and that thereafter said Comptroller for the City of New York refused or neglected for more than thirty (30) days, and up to the commencement of this action, to make any adjustment or payment thereof, and that thereafter, and within the time provided by law, this action was commenced. 7. That on May 21, 2024, the defendant held an oral examination pursuant to General Municipal Law 50(h). 8. That this action is being commenced within one year and ninety days after accrual of this cause of action. 9. Upon information and belief, that on September 15, 2023 and at all times hereinafter mentioned, defendant was the owner of the sidewalk. 10. Upon information and belief, that on September 15, 2023 and at all times hereinafter mentioned, defendant, its agents, servants, employees and/or licensees, operated the sidewalk. 11. Upon information and belief, that on September 15, 2023 and at all times hereinafter mentioned, defendant its agents, servants, employees and/or licensees, controlled the sidewalk. 12. Upon information and belief, that on September 15, 2023 and at all times hereinafter mentioned, defendant, its agents, servants, employees and/or licensees, maintained the sidewalk. 4 of 7 FILED: BRONX COUNTY CLERK 05/21/2024 03:50 PM INDEX NO. 808303/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 13. Upon information and belief, that on September 15, 2023 and at all times hereinafter mentioned, defendant, its agents, servants, employees and/or licensees, managed the sidewalk. 14. That on September 15, 2023, the plaintiff was a lawful pedestrian on the sidewalk. 15. That on September 15, 2023 and while the plaintiff was lawfully walking on the sidewalk, she was caused to trip and fall over a broken, cracked, defective, raised, mis- leveled and dilapidated portion of the sidewalk and, as a result, did sustain severe and permanent injuries. 16. That the above mentioned occurrence, and the results thereof, were caused wholly and solely by the negligence of the defendant, its servants, agents, employees and/or licensees in the ownership, operation, management, maintenance and control of the sidewalk; in negligently, recklessly and carelessly maintaining the sidewalk in a dangerous condition; in failing to warn the plaintiff in particular and the public in general of the aforesaid dangerous and hazardous condition; in failing to repair the aforesaid condition although the defendant had prior notice of the said dangerous and hazardous condition sufficiently in advance of the plaintiff's accident so that defendant could and should have repaired the same; and the defendant was otherwise negligent, careless and reckless in the premises. 17. That, upon information and belief, the defendant had prior written notice of this defective condition for at least fifteen (15) days prior to September 15, 2023. 18. That no negligence on the part of the plaintiff contributed to the occurrence alleged herein in any manner whatsoever. 5 of 7 FILED: BRONX COUNTY CLERK 05/21/2024 03:50 PM INDEX NO. 808303/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 19. That as a result of the foregoing, the plaintiff was caused to sustain serious injuries and to have suffered pain, shock, mental anguish; that these injuries and their effects will be permanent; and as a result of said injuries, the plaintiff has been caused to incur, and will continue to incur, expenses for medical care and attention; and, as a further result, the plaintiff was, and will continue to be, rendered unable to perform her normal activities and duties and she has sustained a resultant loss therefrom. 20. That as a result of the foregoing, the plaintiff was damaged in an amount which exceeds the jurisdiction of all lower courts. WHEREFORE, the plaintiff demands judgment against the defendant in an amount which exceeds the jurisdiction of all lower courts, together with the costs and disbursements of this action. Date: New York, New York May 21, 2024 Yours, etc. LAW OFFICES OF SCOTT R. HOUSENBOLD By:____________________________________ SCOTT R. HOUSENBOLD Attorneys for Plaintiff 27 Union Square West, Suite 307 New York, NY 10003 (212) 354-5048 6 of 7 FILED: BRONX COUNTY CLERK 05/21/2024 03:50 PM INDEX NO. 808303/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 ATTORNEY'S VERIFICATION SCOTT R. HOUSENBOLD, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am the attorney of record for Plaintiff(s). I have read the annexed COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. The reason this verification is made by me and not Plaintiff is that Plaintiff is not presently in the county wherein the attorneys for the plaintiff maintain their offices. DATED: New York, New York May 21, 2024 _______________________ SCOTT R. HOUSENBOLD 7 of 7