Preview
FILED: BRONX COUNTY CLERK 05/20/2024 06:31 PM INDEX NO. 808232/2024E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024
COURTOFTHESTATE OFNEW
SUPREME YORK
COUNTYOFBRONX
---------------------------------------------------------x Index No.:
ANAVASQUEZ,
Plaintiff, SUMMONS
-against-
REALTYMANAGEMENT
NORWEST CORPand
414E LLC,
Defendants.
____________________________________________________________________----------Ç
The place of trial is designated in the caption of this matter. The basis of venue is:
The County where the Accident Occurred
Accident Occurred in the County of Bronx and State of NewYork
To the above-named Defendant
YOUAREHEREBYSUMMONED
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 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 NewYork); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demandedin the
complaint
Dated: Manhasset, NewYork
May 20, 2024 Your , e.td.,
KO LAWGROUP,PC
By: St ve Z. Gokberk, Esq.
Atto eys for Plaintiff
AN VASQUEZ
1- 0 Northern Boulevard, Suite 201
Manhasset, New York 11030
(516) 684-9891
T_O
414E LLC
Serve via Secretary of State
REALTYMANAGEMENT
NORWEST CORP
Service via Secretary of State
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SUPREME OFTHESTATEOFNEWYORK
COURT
COUNTYOFBRONX
--------------------------------------------------------------------------x Index No.:
ANAVASQUEZ,
Plaintiff, VERIFIED
COMPLAINT
-against-
REALTYMANAGEMENT
NORWEST CORP, and
414E LLC,
Defendant.
_________----- __ ___ ____ __ _ _-------------------------------------_ _ ______------x
Plaintiff, by her attorneys, KOHAN
LAWGROUP,PC, complaining of the Defendant, sets
forth and alleges as follows:
1. At all times hereinafter mentioned, Plaintiff is a resident of the County of Bronx, State
of NewYork.
2. Upon information and belief, at all times hereinafter mentioned, Defendant
REALTY MANAGEMENT
NORWEST CORP. was and still is a domestic business corporation
organized under and existing by virtue of the laws of the State of NewYork.
3., Upon information and belief, at all times hereinafter mentioned, Defendant 414E LLC
was and still is a domestic limited liability company organized under and existing by virtue of the
laws of the State of NewYork.
4. At all times hereinafter mentioned, and upon information and belief, Defendant
REALTYMANAGEMENT
NORWEST CORP.was the owner of the premises located at 414 East
187* between Park Avenue and Webster Avenues, Bronx, New York 10458, hereinafter
Street,
"premises".
5. At all times hereinafter mentioned, and upon information and belief, Defendant 4
REALTYMANAGEMENT
NORWEST CORP. was the lessor of the premises.
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6. At all times hereinafter, and upon information and belief, Defendant NORWEST
REALTYMANAGEMENT
CORP. was the lessee of the premises.
7. At all times hereinafter, and upon information and belief, Defendant NORWEST
REALTYMANAGEMENT
CORP., its agents, servants and/or employees operated the premises.
8. At all times hereinafter, and upon infounation and belief, Defendant NORWEST
REALTYMANAGEMENT
CORP., its agents, servants and/or employees supervised the premises.
9. At all times hereinafter, and upon information and belief, Defendant NORWEST
REALTYMANAGEMENT
CORP., its agents, servants and/or employees controlled the premises.
10. At all times hereinafter, and upon information and belief, Defendant NORWEST
REALTYMANAGEMENT
CORP., it agents, servants and/or employees maintained the premises.
11. At all times hereinafter, and upon information and belief, Defendant NORWEST
REALTYMANAGEMENT
CORP., it agents, servants and/or employees managedthe premises.
12. That at all times hereinafter mentioned, Defendant NORWESTREALTY
MANAGEMENT
CORP., its agents, servants and/or employees operated the sidewalks and/or areas
attendant to the exterior of the premises.
13. That at all times hereinafter mentioned, Defendant NORWESTREALTY
MANAGEMENT
CORP., its agents, servants and/or employees supervised the sidewalks and/or
areas attendant to the exterior of the premises.
14. That at all times hereinafter mentioned, Defendant NORWESTREALTY
MANAGEMENT
CORP., its agents, servants and/or employees controlled the sidewalks and/or areas
attendant to the exterior of the premises.
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15. That at all times hereinafter mentioned, Defendant NORWESTREALTY
MANAGEMENT
CORP., its agents, servants and/or employees maintained the sidewalks and/or
areas attendant to the exterior of the premises.
16. That at all times hereinafter mentioned, Defendant NORWESTREALTY
MANAGEMENT
CORP., its agents, servants and/or employees managedthe Defendant 414E LLC
and/or areas attendant to the exterior of the premises.
17. At all times hereinafter, Defendant REALTYMANAGEMENT
NORWEST CORP.,
its agents, servants and/or employees had the obligation to remove snow and/or ice from the premises.
18. At all times hereinafter, and upon infonnation and belief, Defendant NORWEST
REALTYMANAGEMENT
CORP., its agents, servants and/or employees arranged for the removal
of snow and/or ice from the premises.
19. At all times hereinafter, and upon information and belief, Defendant NORWEST
REALTYMANAGEMENT
CORP., its agents, servants and/or employees supervised the removal
of snow and/or ice from the premises.
20. At all times hereinafter mentioned, Defendant NORWESTREALTY
MANAGEMENT
CORP., its agents, servants and/or employees had the obligation to remove snow
and/or ice from the sidewalks and/or areas attendant to the exterior of the premises.
21. At all times hereinafter mentioned, and upon information and belief, Defendant
REALTYMANAGEMENT
NORWEST CORP., its agents, servants and/or employees arranged for
the removal of snow and/or ice from the sidewalks and/or areas attendant to the exterior of the
premises.
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22. That it was the duty of Defendant REALTYMANAGEMENT
NORWEST CORP.,
its agents, servant and/or employees, to exercise reasonable care to keep the premises in a reasonably
safe condition for persons thereon.
23. At all times hereinafter mentioned, and upon information and belief, Defendant 414E
187* between Park Avenue and
LLC was the owner of the premises located at 414 East Street,
Webster Avenue, Bronx, NewYork 10458, hereinafter "premises".
24. At all times hereinafter mentioned, and upon information and belief, Defendant 414E
LLC was the lessor of the premises.
25. At all times hereinafter, and upon information and belief, Defendant 414E LLC was
the lessee of the premises.
26. At all times hereinafter, and upon information and belief, Defendant 414E LLC, its
agents, servants and/or employees operated the premises.
27. At all times hereinafter, and upon information and belief, Defendant 414E LLC, its
agents, servants and/or employees supervised the premises.
28. At all times hereinafter, and upon information and belief, Defendant 414E LLC, its
agents, servants and/or employees controlled the premises.
29. At all times hereinafter, and upon information and belief, Defendant 414E LLC, it
agents, servants and/or employees maintained the premises.
30. At all times hereinafter, and upon infonnation and belief, Defendant 414E LLC, it
agents, servants and/or employees managedthe premises.
31. That at all times hereinafter mentioned, Defendant 414E LLC, its agents, servants
and/or employees operated the sidewalks and/or areas attendant to the exterior of the premises.
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32. That at all times hereinafter mentioned, Defendant 414E LLC, its agents, servants
and/or employees supervised the sidewalks and/or areas attendant to the exterior of the premises.
33. That at all times hereinafter mentioned, Defendant 414E LLC, its agents, servants
and/or employees controlled the sidewalks and/or areas attendant to the exterior of the premises.
34. That at all times hereinafter mentioned, Defendant 414E LLC, its agents, servants
and/or employees maintained the sidewalks and/or areas attendant to the exterior of the premises.
35. That at all times hereinafter mentioned, Defendant 414E LLC, its agents, servants
and/or employees managed the Defendant 414E LLC and/or areas attendant to the exterior of the
premises.
36. At all times hereinafter, Defendant 414E LLC, its agents, servants and/or employees
had the obligation to remove snow and/or ice from the premises.
37. At all times hereinafter, and upon information and belief, Defendant 414E LLC, its
agents, servants and/or employees arranged for the removal of snow and/or ice from the premises.
38. At all times hereinafter, and upon information and belief, Defendant 414E LLC, its
agents, servants and/or employees supervised the removal of snow and/or ice from the premises.
39. At all times hereinafter mentioned, Defendant 414E LLC, its agents, servants and/or
employees had the obligation to remove snow and/or ice from the sidewalks and/or areas attendant to
the exterior of the premises.
40. At all times hereinafter mentioned, and upon information and belief, Defendant 414E
LLC, its agents, servants and/or employees arranged for the removal of snow and/or ice from the
sidewalks and/or areas attendant to the exterior of the premises.
41. That it was the duty of Defendant 414E LLC, its agents, servant and/or employees, to
exercise reasonable care to keep the premises in a reasonably safe condition for persons thereon.
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401
42. On or about the day of February, 2022 at approximately 7:30 p.m. while Plaintiff
ANAVASQUEZwas upon aforesaid sidewalk and/or areas attendant to the exterior of the premises,
Plaintiff was caused to slip, trip and fall and be precipitated down to and upon the ground, sustaining
serious injury as hereinafter alleged.
43. The occurrence hereinabove described was caused solely and wholly through the
carelessness and negligence of the Defendants, jointly and/or severally with co-Defendant, their
agents, servants and/or employees: in permitting and allowing said area to become and remain in a
dangerous condition with snow and ice; in failing to perform snow and ice removal properly; in failing
to clean and clear said area; in failing to perform timely snow removal; in permitting ice conditions
to fonn; in failing to properly sand and/or shovel said area of snow, ice and/or other wet and slippery
substances; in failing to properly sand and/or shovel said area of snow, ice and/or other wet and
slippery substances in a timely fashion; in permitting ice conditions to be covered/hidden; in having
improper drainage; in failing to inspect; in failing to shovel and/or plow; in failing to sand and/or salt
and/or utilize sodium chloride upon said area; in failing in their duty to keep said areas in a reasonably
safe condition; in allowing pits, holes, depressions, cracks, uneven segments of the premises and/or
walkways to develop and exist; in failing to properly inspect; in creating, pennitting and/or allowing
said areas to remain in a darkened, defective, hazardous and/or dangerous condition; in failing to erect
guards, barriers, fences or to otherwise wam of the dangerous conditions existing thereat; in
negligently performing maintenance and/or repairs of said area; in failing to properly construct; in
improperly designing said premises and/or sidewalks; in failing to properly clear areas of diit, debris
and/or slippery substances; in failing to repair; in failing to warn; in allowing pits, holes depressions,
debris, snow and/or ice to develop, remain and/or exist at said area; in failing to correct same; in
employing incompetent help; in failing to provide sufficient lighting; in failing to properly hire, train
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and/or supervise its agents, servants and/or employees; in failing to give any warning to signal of said
dangerous condition; in violating the applicable statutes, rules ordinances and regulations of the laws
of the State of NewYork; and/or in failing to use due care and caution in the circumstances.
44. That at said place and time Plaintiff ANAVASQUEZwas lawfully in and about said
premises and/or parking lots and/or areas.
45. Article 16 limitations on liability are not applicable herein.
46. That since the acts complained of herein occurred, Plaintiff ANA VASQUEZ
sustained exceedingly severe and serious bodily injuries, has suffered and will continue to suffer
physical pain and mental anguish, and upon infonnation and belief, some of her injuries will be of a
permanent nature, as a result of which she has been incapacitated in attending to her usual vocation
and will continue to be incapacitated in the future; she has been obliged to and did obtain medical
attention in an endeavor to cure herself of her hurts and wounds; she may be compelled to undergo
future surgery, medical aid and attention in an endeavor to cure herself of her hurts and wounds; she
has expended and incurred liability and has lost and will lose diverse sums of money thereby and
Plaintiff has been otherwise damaged, said damages in an amount that exceeds the jurisdictional limits
of the lower courts.
WHEREF
ORE, the Plaintiff demands judgement against the Defendants: in an amount in
excess ofthe jurisdictional limits of all lower courts which would otherwise have jurisdiction, together
with the costs and disbursements of this action and for such other and further relief as to this court
may seemjust and proper.
I
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Dated: Manhasset, NewYork Your r to ,
May 20, 2024
I(OHAN AWGROUP,PC
By: Stev Z. Gokberk, Esq.
Attorne s for Plaintiff - ANAVASQUEZ
1180 orthern Boulevard, Suite 201
Manhasset, New York 11030
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ATTORNEY'SAFFIRMATION
The undersigned, an attorney duly admitted to practice in the courts of the State of New York,
hereby affirms the following under the penalties of perjury, that the affiant is an associate of
KOHANLAWGROUP,P.C.
attorneys of record for the Plaintiff in the within action; that the affiant has read the foregoing
COMPLA1NT
and same is true to my knowledge, except as to the matters therein stated to be alleged upon
information and belief, and as to those matters, I believe to be true. Affiant further says that the
reason this affirmation is made by the affiant and not by the Plaintiff is that the Plaintiff currently
resides outside the County where our office is maintained,
The grounds of my belief as to all matters not stated upon my own knowledge are as follows:
Statements of the Plaintiff, contents of file, books, and records.
Dated: Manhasset, New York
May 20, 2024
Stev Z. Gokberk, Esq.
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Preview
FILED: BRONX COUNTY CLERK 05/20/2024 06:31 PM INDEX NO. 808232/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 COURTOFTHESTATE OFNEW SUPREME YORK COUNTYOFBRONX ---------------------------------------------------------x Index No.: ANAVASQUEZ, Plaintiff, SUMMONS -against- REALTYMANAGEMENT NORWEST CORPand 414E LLC, Defendants. ____________________________________________________________________----------Ç The place of trial is designated in the caption of this matter. The basis of venue is: The County where the Accident Occurred Accident Occurred in the County of Bronx and State of NewYork To the above-named Defendant YOUAREHEREBYSUMMONED 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 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 NewYork); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demandedin the complaint Dated: Manhasset, NewYork May 20, 2024 Your , e.td., KO LAWGROUP,PC By: St ve Z. Gokberk, Esq. Atto eys for Plaintiff AN VASQUEZ 1- 0 Northern Boulevard, Suite 201 Manhasset, New York 11030 (516) 684-9891 T_O 414E LLC Serve via Secretary of State REALTYMANAGEMENT NORWEST CORP Service via Secretary of State 1 of 10 FILED: BRONX COUNTY CLERK 05/20/2024 06:31 PM INDEX NO. 808232/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 SUPREME OFTHESTATEOFNEWYORK COURT COUNTYOFBRONX --------------------------------------------------------------------------x Index No.: ANAVASQUEZ, Plaintiff, VERIFIED COMPLAINT -against- REALTYMANAGEMENT NORWEST CORP, and 414E LLC, Defendant. _________----- __ ___ ____ __ _ _-------------------------------------_ _ ______------x Plaintiff, by her attorneys, KOHAN LAWGROUP,PC, complaining of the Defendant, sets forth and alleges as follows: 1. At all times hereinafter mentioned, Plaintiff is a resident of the County of Bronx, State of NewYork. 2. Upon information and belief, at all times hereinafter mentioned, Defendant REALTY MANAGEMENT NORWEST CORP. was and still is a domestic business corporation organized under and existing by virtue of the laws of the State of NewYork. 3., Upon information and belief, at all times hereinafter mentioned, Defendant 414E LLC was and still is a domestic limited liability company organized under and existing by virtue of the laws of the State of NewYork. 4. At all times hereinafter mentioned, and upon information and belief, Defendant REALTYMANAGEMENT NORWEST CORP.was the owner of the premises located at 414 East 187* between Park Avenue and Webster Avenues, Bronx, New York 10458, hereinafter Street, "premises". 5. At all times hereinafter mentioned, and upon information and belief, Defendant 4 REALTYMANAGEMENT NORWEST CORP. was the lessor of the premises. 2 of 10 FILED: BRONX COUNTY CLERK 05/20/2024 06:31 PM INDEX NO. 808232/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 6. At all times hereinafter, and upon information and belief, Defendant NORWEST REALTYMANAGEMENT CORP. was the lessee of the premises. 7. At all times hereinafter, and upon information and belief, Defendant NORWEST REALTYMANAGEMENT CORP., its agents, servants and/or employees operated the premises. 8. At all times hereinafter, and upon infounation and belief, Defendant NORWEST REALTYMANAGEMENT CORP., its agents, servants and/or employees supervised the premises. 9. At all times hereinafter, and upon information and belief, Defendant NORWEST REALTYMANAGEMENT CORP., its agents, servants and/or employees controlled the premises. 10. At all times hereinafter, and upon information and belief, Defendant NORWEST REALTYMANAGEMENT CORP., it agents, servants and/or employees maintained the premises. 11. At all times hereinafter, and upon information and belief, Defendant NORWEST REALTYMANAGEMENT CORP., it agents, servants and/or employees managedthe premises. 12. That at all times hereinafter mentioned, Defendant NORWESTREALTY MANAGEMENT CORP., its agents, servants and/or employees operated the sidewalks and/or areas attendant to the exterior of the premises. 13. That at all times hereinafter mentioned, Defendant NORWESTREALTY MANAGEMENT CORP., its agents, servants and/or employees supervised the sidewalks and/or areas attendant to the exterior of the premises. 14. That at all times hereinafter mentioned, Defendant NORWESTREALTY MANAGEMENT CORP., its agents, servants and/or employees controlled the sidewalks and/or areas attendant to the exterior of the premises. 3 of 10 FILED: BRONX COUNTY CLERK 05/20/2024 06:31 PM INDEX NO. 808232/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 15. That at all times hereinafter mentioned, Defendant NORWESTREALTY MANAGEMENT CORP., its agents, servants and/or employees maintained the sidewalks and/or areas attendant to the exterior of the premises. 16. That at all times hereinafter mentioned, Defendant NORWESTREALTY MANAGEMENT CORP., its agents, servants and/or employees managedthe Defendant 414E LLC and/or areas attendant to the exterior of the premises. 17. At all times hereinafter, Defendant REALTYMANAGEMENT NORWEST CORP., its agents, servants and/or employees had the obligation to remove snow and/or ice from the premises. 18. At all times hereinafter, and upon infonnation and belief, Defendant NORWEST REALTYMANAGEMENT CORP., its agents, servants and/or employees arranged for the removal of snow and/or ice from the premises. 19. At all times hereinafter, and upon information and belief, Defendant NORWEST REALTYMANAGEMENT CORP., its agents, servants and/or employees supervised the removal of snow and/or ice from the premises. 20. At all times hereinafter mentioned, Defendant NORWESTREALTY MANAGEMENT CORP., its agents, servants and/or employees had the obligation to remove snow and/or ice from the sidewalks and/or areas attendant to the exterior of the premises. 21. At all times hereinafter mentioned, and upon information and belief, Defendant REALTYMANAGEMENT NORWEST CORP., its agents, servants and/or employees arranged for the removal of snow and/or ice from the sidewalks and/or areas attendant to the exterior of the premises. 4 of 10 FILED: BRONX COUNTY CLERK 05/20/2024 06:31 PM INDEX NO. 808232/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 22. That it was the duty of Defendant REALTYMANAGEMENT NORWEST CORP., its agents, servant and/or employees, to exercise reasonable care to keep the premises in a reasonably safe condition for persons thereon. 23. At all times hereinafter mentioned, and upon information and belief, Defendant 414E 187* between Park Avenue and LLC was the owner of the premises located at 414 East Street, Webster Avenue, Bronx, NewYork 10458, hereinafter "premises". 24. At all times hereinafter mentioned, and upon information and belief, Defendant 414E LLC was the lessor of the premises. 25. At all times hereinafter, and upon information and belief, Defendant 414E LLC was the lessee of the premises. 26. At all times hereinafter, and upon information and belief, Defendant 414E LLC, its agents, servants and/or employees operated the premises. 27. At all times hereinafter, and upon information and belief, Defendant 414E LLC, its agents, servants and/or employees supervised the premises. 28. At all times hereinafter, and upon information and belief, Defendant 414E LLC, its agents, servants and/or employees controlled the premises. 29. At all times hereinafter, and upon information and belief, Defendant 414E LLC, it agents, servants and/or employees maintained the premises. 30. At all times hereinafter, and upon infonnation and belief, Defendant 414E LLC, it agents, servants and/or employees managedthe premises. 31. That at all times hereinafter mentioned, Defendant 414E LLC, its agents, servants and/or employees operated the sidewalks and/or areas attendant to the exterior of the premises. 5 of 10 FILED: BRONX COUNTY CLERK 05/20/2024 06:31 PM INDEX NO. 808232/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 32. That at all times hereinafter mentioned, Defendant 414E LLC, its agents, servants and/or employees supervised the sidewalks and/or areas attendant to the exterior of the premises. 33. That at all times hereinafter mentioned, Defendant 414E LLC, its agents, servants and/or employees controlled the sidewalks and/or areas attendant to the exterior of the premises. 34. That at all times hereinafter mentioned, Defendant 414E LLC, its agents, servants and/or employees maintained the sidewalks and/or areas attendant to the exterior of the premises. 35. That at all times hereinafter mentioned, Defendant 414E LLC, its agents, servants and/or employees managed the Defendant 414E LLC and/or areas attendant to the exterior of the premises. 36. At all times hereinafter, Defendant 414E LLC, its agents, servants and/or employees had the obligation to remove snow and/or ice from the premises. 37. At all times hereinafter, and upon information and belief, Defendant 414E LLC, its agents, servants and/or employees arranged for the removal of snow and/or ice from the premises. 38. At all times hereinafter, and upon information and belief, Defendant 414E LLC, its agents, servants and/or employees supervised the removal of snow and/or ice from the premises. 39. At all times hereinafter mentioned, Defendant 414E LLC, its agents, servants and/or employees had the obligation to remove snow and/or ice from the sidewalks and/or areas attendant to the exterior of the premises. 40. At all times hereinafter mentioned, and upon information and belief, Defendant 414E LLC, its agents, servants and/or employees arranged for the removal of snow and/or ice from the sidewalks and/or areas attendant to the exterior of the premises. 41. That it was the duty of Defendant 414E LLC, its agents, servant and/or employees, to exercise reasonable care to keep the premises in a reasonably safe condition for persons thereon. 6 of 10 FILED: BRONX COUNTY CLERK 05/20/2024 06:31 PM INDEX NO. 808232/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 401 42. On or about the day of February, 2022 at approximately 7:30 p.m. while Plaintiff ANAVASQUEZwas upon aforesaid sidewalk and/or areas attendant to the exterior of the premises, Plaintiff was caused to slip, trip and fall and be precipitated down to and upon the ground, sustaining serious injury as hereinafter alleged. 43. The occurrence hereinabove described was caused solely and wholly through the carelessness and negligence of the Defendants, jointly and/or severally with co-Defendant, their agents, servants and/or employees: in permitting and allowing said area to become and remain in a dangerous condition with snow and ice; in failing to perform snow and ice removal properly; in failing to clean and clear said area; in failing to perform timely snow removal; in permitting ice conditions to fonn; in failing to properly sand and/or shovel said area of snow, ice and/or other wet and slippery substances; in failing to properly sand and/or shovel said area of snow, ice and/or other wet and slippery substances in a timely fashion; in permitting ice conditions to be covered/hidden; in having improper drainage; in failing to inspect; in failing to shovel and/or plow; in failing to sand and/or salt and/or utilize sodium chloride upon said area; in failing in their duty to keep said areas in a reasonably safe condition; in allowing pits, holes, depressions, cracks, uneven segments of the premises and/or walkways to develop and exist; in failing to properly inspect; in creating, pennitting and/or allowing said areas to remain in a darkened, defective, hazardous and/or dangerous condition; in failing to erect guards, barriers, fences or to otherwise wam of the dangerous conditions existing thereat; in negligently performing maintenance and/or repairs of said area; in failing to properly construct; in improperly designing said premises and/or sidewalks; in failing to properly clear areas of diit, debris and/or slippery substances; in failing to repair; in failing to warn; in allowing pits, holes depressions, debris, snow and/or ice to develop, remain and/or exist at said area; in failing to correct same; in employing incompetent help; in failing to provide sufficient lighting; in failing to properly hire, train 7 of 10 FILED: BRONX COUNTY CLERK 05/20/2024 06:31 PM INDEX NO. 808232/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 and/or supervise its agents, servants and/or employees; in failing to give any warning to signal of said dangerous condition; in violating the applicable statutes, rules ordinances and regulations of the laws of the State of NewYork; and/or in failing to use due care and caution in the circumstances. 44. That at said place and time Plaintiff ANAVASQUEZwas lawfully in and about said premises and/or parking lots and/or areas. 45. Article 16 limitations on liability are not applicable herein. 46. That since the acts complained of herein occurred, Plaintiff ANA VASQUEZ sustained exceedingly severe and serious bodily injuries, has suffered and will continue to suffer physical pain and mental anguish, and upon infonnation and belief, some of her injuries will be of a permanent nature, as a result of which she has been incapacitated in attending to her usual vocation and will continue to be incapacitated in the future; she has been obliged to and did obtain medical attention in an endeavor to cure herself of her hurts and wounds; she may be compelled to undergo future surgery, medical aid and attention in an endeavor to cure herself of her hurts and wounds; she has expended and incurred liability and has lost and will lose diverse sums of money thereby and Plaintiff has been otherwise damaged, said damages in an amount that exceeds the jurisdictional limits of the lower courts. WHEREF ORE, the Plaintiff demands judgement against the Defendants: in an amount in excess ofthe jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action and for such other and further relief as to this court may seemjust and proper. I 8 of 10 FILED: BRONX COUNTY CLERK 05/20/2024 06:31 PM INDEX NO. 808232/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 Dated: Manhasset, NewYork Your r to , May 20, 2024 I(OHAN AWGROUP,PC By: Stev Z. Gokberk, Esq. Attorne s for Plaintiff - ANAVASQUEZ 1180 orthern Boulevard, Suite 201 Manhasset, New York 11030 9 of 10 FILED: BRONX COUNTY CLERK 05/20/2024 06:31 PM INDEX NO. 808232/2024E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 ATTORNEY'SAFFIRMATION The undersigned, an attorney duly admitted to practice in the courts of the State of New York, hereby affirms the following under the penalties of perjury, that the affiant is an associate of KOHANLAWGROUP,P.C. attorneys of record for the Plaintiff in the within action; that the affiant has read the foregoing COMPLA1NT and same is true to my knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters, I believe to be true. Affiant further says that the reason this affirmation is made by the affiant and not by the Plaintiff is that the Plaintiff currently resides outside the County where our office is maintained, The grounds of my belief as to all matters not stated upon my own knowledge are as follows: Statements of the Plaintiff, contents of file, books, and records. Dated: Manhasset, New York May 20, 2024 Stev Z. Gokberk, Esq. 10 of 10