Preview
FILED: SUFFOLK COUNTY CLERK 05/20/2024 03:08 PM INDEX NO. 612424/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024
SUPREMECOURTOFTHESTATEOFNEWYORK Index No:
COUNTYOFSUFFOLK Date Filed:
_____________----________________________________________________________Ç
MIRIAN SUAREZ, Plaintiff designates
Suffolk County as
Plaintiff, Place of Trial
-against- SUMMONS
The basis of venue is
461 WILLIAM FLOYDPETROLEUM
LLC , Plaintiff's residence
SUFFOLKCOUNTY
Plaintiff resides at
Defendant. 6 Juniper Road
------------------------------------------------------------------------X Mastic Beach, NY 11951
To the above-named Defendant(s):
YOUAREHEREBYSUMMONED to answer the complaint in this action and to serve a
copy of your answer, or if the complaint is not served with the summons, to serve a notice of
appearance on the Plaintiff's attorney within twenty (20) days after the service of this summons,
exclusive of the day of service or within thirty (30) days after the service is complete if the
summons is not personally delivered to you within the State of NewYork; and in the case of
your failure to appear or answer, judgment will be taken against you by default for the relief
demandedin the complaint.
Dated: NewYork
lville,
47 // Yours .
Jos J. Odierno, q.
T ODIERNO AWFIRM, P.C.
ttomeys for P intiff
145 Pinelawn Road- Suite 130N
Melville, NewYork 11747
(631) 752-8580
Defendant(s) address:
461 WILLIAM FLOYDPETROLEUM
LLC
The LLC
1597 Route 112
Port Jefferson Station, NY 11776
Via Secretary ofState
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SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFSUFFOLK
---------------------------------------------------------------------------X Index No.
MIRIAN SUAREZ,
Plaintiff VERIFIED COMPLAINT
-against-
461 WILLIAM FLOYDPETROLEUM
LLC
Defendant.
__________________________________________________________________________Ç
Plaintiff, MIRIAN SUAREZ, by her attorneys, THEODIERNOLAWFIRM, P.C.,
complaining of the Defendant, respectfully sets forth the following:
1. At all times hereinafter mentioned, Plaintiff was and still is a resident of the
County of Suffolk, State of NewYork.
2. Upon information and belief, that at all times hereinafter mentioned, Defendant,
461 WILLIAM FLOYDPETROLEUM
LLC was and still is a domestic limited liability
company licensed to do business in the State of NewYork.
3. Upon information and belief, that at all times hereinafter mentioned, Defendant,
461 WILLIAM FLOYDPETROLEUM
LLC owned the premises located at 461 William Floyd
Parkway, Shirley County of Suffolk State of NewYork.
4. Upon infonnation and belief, that at all times hereinafter mentioned, Defendant,
461 WILLIAM FLOYDPETROLEUM
LLC operated the premises located at 461 William
Floyd Parkway, Shirley County of Suffolk State of NewYork.
5. Upon information and belief, that at all times hereinafter mentioned, Defendant,
461 WILLIAM FLOYDPETROLEUM
LLC maintained the premises located at 461 William
Floyd Parkway, Shirley County of Suffolk State of NewYork.
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6. Upon information and belief, that at all times hereinafter mentioned, Defendant,
461 WILLIAM FLOYDPETROLEUM
LLC controlled the premises located at 461 William
Floyd Parkway, Shirley County of Suffolk State of NewYork.
7. Upon information and belief, that at all times hereinafter mentioned, Defendant,
461 WILLIAM FLOYDPETROLEUM
LLC was the lessee of the premises located at 461
William Floyd Parkway, Shirley County of Suffolk State ofNew York.
8. Upon information and belief, that at all times hereinafter mentioned, Defendant,
461 WILLIAM FLOYDPETROLEUM
LLC was the lessor of the premises located at 461
William Floyd Parkway, Shirley County of Suffolk State of NewYork.
9. That on or about September 7, 2023, Plaintiff was lawfully and properly walking
within the parking lot of the premises located at 461 William Floyd Parkway, Shirley, County of
Suffolk State of New York, when her foot fell into a broken, cracked, uneven, unlevel,
dilapidated area of the parking lot causing her to fall.
10. That as a result of said accident, Plaintiff was caused to sustain serious personal
injuries.
11. Upon information and belief, and at all times hereinafter mentioned, on
September 7, 2023, it was the duty of the Defendant, its employees, agents, servants, and/or
assigns to maintain the aforesaid premises, including the parking lot thereat, in a reasonably safe
condition, free from defaults, holes, traps, and nuisances constituting a danger and menace to
persons lawfully and properly thereon.
12. Upon information and belief, on September 7, 2023, and for a reasonable amount
of time prior thereto, Defendant, its employees, agents, servants, and/or assigns negligently and
carelessly maintained the aforementioned premises in such a haphazard, negligent, careless, and
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FILED: SUFFOLK COUNTY CLERK 05/20/2024 03:08 PM INDEX NO. 612424/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024
reckless manner so as to cause same to become and remain in an unsafe, improper, hazardous,
and dangerous condition, to wit: a broken, cracked, uneven, unlevel, dilapidated area within the
parking lot, which consisted of a trap and nuisance constituting a danger and menace to persons
lawfully and properly thereon, including Plaintiff.
13. Upon information and belief, on September 7, 2023, the Defendant had actual and
constructive notice of the dangerous and hazardous condition and/or by use of reasonable care
and inspection, knew or should have known of the dangerous and hazardous condition of the
parking lot and taken measures to remedy same.
14. Upon information and belief, on September 7, 2023, the Defendant caused and/or
created the dangerous and hazardous condition that caused Plaintiff to suffer injury.
15. The aforesaid accident was due to the negligence, recklessness, and carelessness
of the Defendant, its employees, agents, servants, and/or assigns in the ownership, operation,
management, maintenance, repair, control, inspection, and supervision of the aforesaid premises,
including the parking lot thereat.
16. That said accident and resulting injuries to the Plaintiff were caused solely and
wholly by reason of carelessness, recklessness, and negligence of the Defendant without any
negligence on the part of the Plaintiff contributing thereto.
17. That by reason of the dangerous and hazardous condition of the premises,
specifically the parking lot, and the wrongful acts and omissions on the part of the Defendant as
aforesaid, Plaintiff was rendered sick, sore, lame, and disabled, has suffered and will continue to
suffer pain and agony and was unable to participate in her usual and customary daily activities.
18. In light of the foregoing, Plaintiff has been damaged in a sum which exceeds the
jurisdictional limits of the lower court that would otherwise have jurisdiction.
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WHEREFORE,
the Plaintiff respectfully demands judgment against the Defendant in an
amount which exceeds the jurisdictional limits of the lower court that would otherwise have
jurisdiction, together with the costs and disbursements of this action.
Dated: Melville, NewYork
Yours, etc.
Jos J. Odie o, sq.
ODIERNOLAWFIRM, P.C.
Attorneys for Plaintiff
145 Pinelawn Road
Suite 130N
Melville, NewYork 11747
(631) 752-8580
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INDIVIDUAL VERIFICATION
STATEOFNEWYORK)
SS.:
COUNTYOF SUFFOLK)
MIRIAN SUAREZ,being duly sworn, deposes and says:
I amthe Plaintiff in the action herein. I have read the annexed COMPLAINTand know
the contents thereof, and the same is 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 personal files.
MIRIAN $UXTEZ
Swomto before methis
day of
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u
YJJ33AHTMAMAG
snarmatoetøra-ago99øsla
ows003Mrs.ow
.,,,..sÍWCJË C«oslåssø
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024
ATTORNEY
VERIFICATION
JOSEPHJ. ODIERNO,an attorney duly admitted to practice, sets forth the following under
penalties of perjury:
I am the attorney for the Plaintiff in the action herein; I have read the annexed
COMPLAINTand know the contents thereof and the same are true to my knowledge, except those
matters therein which are stated to be alleged on 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 the following:
Information obtained from conversations had with Plaintiff and records in mypossession.
Plaintiff was unavailable and not present in Suffolk County at the time of this Verification.
Dated: M lville NewYork
OSEPHJ. ODIE O
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Preview
FILED: SUFFOLK COUNTY CLERK 05/20/2024 03:08 PM INDEX NO. 612424/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 SUPREMECOURTOFTHESTATEOFNEWYORK Index No: COUNTYOFSUFFOLK Date Filed: _____________----________________________________________________________Ç MIRIAN SUAREZ, Plaintiff designates Suffolk County as Plaintiff, Place of Trial -against- SUMMONS The basis of venue is 461 WILLIAM FLOYDPETROLEUM LLC , Plaintiff's residence SUFFOLKCOUNTY Plaintiff resides at Defendant. 6 Juniper Road ------------------------------------------------------------------------X Mastic Beach, NY 11951 To the above-named Defendant(s): YOUAREHEREBYSUMMONED to answer the complaint in this action and to serve a copy of your answer, or if the complaint is not served with the summons, to serve a notice of appearance on the Plaintiff's attorney within twenty (20) days after the service of this summons, exclusive of the day of service or within thirty (30) days after the service is complete if the summons is not personally delivered to you within the State of NewYork; and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demandedin the complaint. Dated: NewYork lville, 47 // Yours . Jos J. Odierno, q. T ODIERNO AWFIRM, P.C. ttomeys for P intiff 145 Pinelawn Road- Suite 130N Melville, NewYork 11747 (631) 752-8580 Defendant(s) address: 461 WILLIAM FLOYDPETROLEUM LLC The LLC 1597 Route 112 Port Jefferson Station, NY 11776 Via Secretary ofState 1 of 8 FILED: SUFFOLK COUNTY CLERK 05/20/2024 03:08 PM INDEX NO. 612424/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFSUFFOLK ---------------------------------------------------------------------------X Index No. MIRIAN SUAREZ, Plaintiff VERIFIED COMPLAINT -against- 461 WILLIAM FLOYDPETROLEUM LLC Defendant. __________________________________________________________________________Ç Plaintiff, MIRIAN SUAREZ, by her attorneys, THEODIERNOLAWFIRM, P.C., complaining of the Defendant, respectfully sets forth the following: 1. At all times hereinafter mentioned, Plaintiff was and still is a resident of the County of Suffolk, State of NewYork. 2. Upon information and belief, that at all times hereinafter mentioned, Defendant, 461 WILLIAM FLOYDPETROLEUM LLC was and still is a domestic limited liability company licensed to do business in the State of NewYork. 3. Upon information and belief, that at all times hereinafter mentioned, Defendant, 461 WILLIAM FLOYDPETROLEUM LLC owned the premises located at 461 William Floyd Parkway, Shirley County of Suffolk State of NewYork. 4. Upon infonnation and belief, that at all times hereinafter mentioned, Defendant, 461 WILLIAM FLOYDPETROLEUM LLC operated the premises located at 461 William Floyd Parkway, Shirley County of Suffolk State of NewYork. 5. Upon information and belief, that at all times hereinafter mentioned, Defendant, 461 WILLIAM FLOYDPETROLEUM LLC maintained the premises located at 461 William Floyd Parkway, Shirley County of Suffolk State of NewYork. 2 of 8 FILED: SUFFOLK COUNTY CLERK 05/20/2024 03:08 PM INDEX NO. 612424/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 6. Upon information and belief, that at all times hereinafter mentioned, Defendant, 461 WILLIAM FLOYDPETROLEUM LLC controlled the premises located at 461 William Floyd Parkway, Shirley County of Suffolk State of NewYork. 7. Upon information and belief, that at all times hereinafter mentioned, Defendant, 461 WILLIAM FLOYDPETROLEUM LLC was the lessee of the premises located at 461 William Floyd Parkway, Shirley County of Suffolk State ofNew York. 8. Upon information and belief, that at all times hereinafter mentioned, Defendant, 461 WILLIAM FLOYDPETROLEUM LLC was the lessor of the premises located at 461 William Floyd Parkway, Shirley County of Suffolk State of NewYork. 9. That on or about September 7, 2023, Plaintiff was lawfully and properly walking within the parking lot of the premises located at 461 William Floyd Parkway, Shirley, County of Suffolk State of New York, when her foot fell into a broken, cracked, uneven, unlevel, dilapidated area of the parking lot causing her to fall. 10. That as a result of said accident, Plaintiff was caused to sustain serious personal injuries. 11. Upon information and belief, and at all times hereinafter mentioned, on September 7, 2023, it was the duty of the Defendant, its employees, agents, servants, and/or assigns to maintain the aforesaid premises, including the parking lot thereat, in a reasonably safe condition, free from defaults, holes, traps, and nuisances constituting a danger and menace to persons lawfully and properly thereon. 12. Upon information and belief, on September 7, 2023, and for a reasonable amount of time prior thereto, Defendant, its employees, agents, servants, and/or assigns negligently and carelessly maintained the aforementioned premises in such a haphazard, negligent, careless, and 3 of 8 FILED: SUFFOLK COUNTY CLERK 05/20/2024 03:08 PM INDEX NO. 612424/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 reckless manner so as to cause same to become and remain in an unsafe, improper, hazardous, and dangerous condition, to wit: a broken, cracked, uneven, unlevel, dilapidated area within the parking lot, which consisted of a trap and nuisance constituting a danger and menace to persons lawfully and properly thereon, including Plaintiff. 13. Upon information and belief, on September 7, 2023, the Defendant had actual and constructive notice of the dangerous and hazardous condition and/or by use of reasonable care and inspection, knew or should have known of the dangerous and hazardous condition of the parking lot and taken measures to remedy same. 14. Upon information and belief, on September 7, 2023, the Defendant caused and/or created the dangerous and hazardous condition that caused Plaintiff to suffer injury. 15. The aforesaid accident was due to the negligence, recklessness, and carelessness of the Defendant, its employees, agents, servants, and/or assigns in the ownership, operation, management, maintenance, repair, control, inspection, and supervision of the aforesaid premises, including the parking lot thereat. 16. That said accident and resulting injuries to the Plaintiff were caused solely and wholly by reason of carelessness, recklessness, and negligence of the Defendant without any negligence on the part of the Plaintiff contributing thereto. 17. That by reason of the dangerous and hazardous condition of the premises, specifically the parking lot, and the wrongful acts and omissions on the part of the Defendant as aforesaid, Plaintiff was rendered sick, sore, lame, and disabled, has suffered and will continue to suffer pain and agony and was unable to participate in her usual and customary daily activities. 18. In light of the foregoing, Plaintiff has been damaged in a sum which exceeds the jurisdictional limits of the lower court that would otherwise have jurisdiction. 4 of 8 FILED: SUFFOLK COUNTY CLERK 05/20/2024 03:08 PM INDEX NO. 612424/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 WHEREFORE, the Plaintiff respectfully demands judgment against the Defendant in an amount which exceeds the jurisdictional limits of the lower court that would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: Melville, NewYork Yours, etc. Jos J. Odie o, sq. ODIERNOLAWFIRM, P.C. Attorneys for Plaintiff 145 Pinelawn Road Suite 130N Melville, NewYork 11747 (631) 752-8580 5 of 8 FILED: SUFFOLK COUNTY CLERK 05/20/2024 03:08 PM INDEX NO. 612424/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 INDIVIDUAL VERIFICATION STATEOFNEWYORK) SS.: COUNTYOF SUFFOLK) MIRIAN SUAREZ,being duly sworn, deposes and says: I amthe Plaintiff in the action herein. I have read the annexed COMPLAINTand know the contents thereof, and the same is 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 personal files. MIRIAN $UXTEZ Swomto before methis day of 6 of 8 FILED: SUFFOLK COUNTY CLERK 05/20/2024 03:08 PM INDEX NO. 612424/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 u YJJ33AHTMAMAG snarmatoetøra-ago99øsla ows003Mrs.ow .,,,..sÍWCJË C«oslåssø 7 of 8 FILED: SUFFOLK COUNTY CLERK 05/20/2024 03:08 PM INDEX NO. 612424/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 ATTORNEY VERIFICATION JOSEPHJ. ODIERNO,an attorney duly admitted to practice, sets forth the following under penalties of perjury: I am the attorney for the Plaintiff in the action herein; I have read the annexed COMPLAINTand know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on 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 the following: Information obtained from conversations had with Plaintiff and records in mypossession. Plaintiff was unavailable and not present in Suffolk County at the time of this Verification. Dated: M lville NewYork OSEPHJ. ODIE O 8 of 8