Preview
FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------------------------------------------------------x Index No.
RANA BERFIN AYHAN and HUSEYIN CICEK,
Date Filed:
Plaintiffs,
Plaintiffs designate: QUEENS
-against- County as the place of trial
The basis of venue is:
THE CITY OF NEW YORK, HCEC EQUITIES LLC, Location of accident
EVEREST BUILDINGS MANAGEMENT LLC and
MARK ANTHONY, SUMMONS
Defendants. Location of accident:
-----------------------------------------------------------------x 33-53 82nd Street
Jackson Heights, New York 11372
To the above-named Defendant(s):
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 Plaintiffs’ Attorney, within 20 days after the service of this Summons,
exclusive of the day of service (or within 30 days after the service is complete if this Summons is
not personally delivered to you within the State of New York); and 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
REDMOND LAW FIRM, PLLC
By:
Cornelius Redmond, Esq.
Attorneys for Plaintiffs
80 Broad Street, Suite 1202
New York, New York 10004
(212) 799-8989
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Defendants’ Addresses:
THE CITY OF NEW YORK
Comptroller’s Office
1 Centre Street
New York, New York 10007
and
Office of the NYC Corporation Counsel
100 Church Street
New York, New York 10007
HCEC EQUITIES LLC
33-53 82nd Street
Jackson Heights, New York 11372
and
33-54 83rd Street
Jackson Heights, New York 11372
and
75-22 37th Avenue, Apartment #181
Jackson Heights, New York 11372
and
c/o Corporate Filings of New York
90 State Street, Suite 700, Office 40
Albany, New York 12207
EVEREST BUILDINGS MANAGEMENT LLC
33-53 82nd Street
Jackson Heights, New York 11372
and
33-54 83rd Street
Jackson Heights, New York 11372
and
75-22 37th Avenue, Apartment #181
Jackson Heights, New York 11372
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MARK ANTHONY
33-53 82nd Street
Jackson Heights, New York 11372
and
33-54 83rd Street
Jackson Heights, New York 11372
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-----------------------------------------------------------------x Index No.
RANA BERFIN AYHAN and HUSEYIN CICEK,
VERIFIED COMPLAINT
Plaintiffs,
-against-
THE CITY OF NEW YORK, HCEC EQUITIES LLC,
EVEREST BUILDINGS MANAGEMENT LLC and
MARK ANTHONY,
Defendants.
-----------------------------------------------------------------x
Plaintiffs, by their attorneys, REDMOND LAW FIRM, PLLC complaining of the
defendants, all upon information and belief, respectfully states and alleges as follows:
AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF
RANA BERFIN AYHAN
1. That at all times herein mentioned, the plaintiff RANA BERFIN AYHAN was
and still is a resident of the County of Queens, City of Jackson Heights and State of New York.
2. That at all times herein mentioned, the occurrence that gave rise to this action
occurred in the County of Queens, City of Jackson Heights and State of New York.
3. That upon information and belief, at all times herein mentioned, the defendant
THE CITY OF NEW YORK (hereinafter “CITY”), was and still is a municipal corporation duly
organized and existing under and by the virtues of the laws of the State of New York.
4. That upon information and belief, at all times herein mentioned, the defendant
HCEC EQUITIES LLC (hereinafter “HCEC EQUITIES”), was a domestic limited liability
company duly organized and existing under and by the virtues of the laws of the State of New
York.
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5. That upon information and belief, at all times herein mentioned, the defendant
HCEC EQUITIES was a partnership transacting business in the State of New York.
6. That upon information and belief, at all times herein mentioned, the defendant
HCEC EQUITIES was a business entity doing business within the State of New York.
7. That upon information and belief, at all times herein mentioned, the defendant
EVEREST BUILDINGS MANAGEMENT LLC (hereinafter “EVEREST BUILDINGS
MANAGEMENT”), was a domestic limited liability company duly organized and existing under
and by the virtues of the laws of the State of New York.
8. That upon information and belief, at all times herein mentioned, the defendant
EVEREST BUILDINGS MANAGEMENT was a partnership transacting business in the State of
New York.
9. That upon information and belief, at all times herein mentioned, the defendant
EVEREST BUILDINGS MANAGEMENT was a business entity doing business within the State
of New York.
10. That at all times herein mentioned, the defendant MARK ANTHONY (hereinafter
“ANTHONY”) was and still is a resident of the County of Queens, City of Jackson Heights and
State of New York.
11. Within ninety days (90) of the occurrence herein, a notice of claim in writing was
served on behalf of plaintiff, RANA BERFIN AYHAN, upon defendant, CITY, in accordance
with Section 50-e of the General Municipal Law.
12. Although more than thirty (30) days have elapsed since service of such Notice of
Claim, defendant, CITY, has neglected and refused to pay said claim or adjust same.
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13. The hearing has either been held or scheduled or waived. Or if not held, plaintiff
agrees to hold said hearing if noticed within a reasonable amount of time.
14. This action is commenced within one (1) year and ninety (90) days from January
18, 2024, the date the accident occurred.
15. That on or about January 18, 2024, the defendant, CITY, owned the premises
known as and located at 33-53 82nd Street, Jackson Heights, New York 11372.
16. That on or about said date, the defendant, CITY, was a lessor of the subject
premises.
17. That on or about said date, the defendant, CITY, was a lessee of the subject
premises.
18. That on or about said date, the defendant, CITY, occupied the subject premises.
19. That on or about said date, the defendant, CITY, managed the subject premises.
20. That on or about said date, the defendant, CITY, acted as the managing agent of
the subject premises.
21. That on or about said date, the defendant, CITY, controlled the subject premises.
22. That on or about January 18, 2024, the defendant, CITY, maintained the subject
premises, and more particularly, the sidewalk on the subject premises.
23. That on or about said date, the defendant, CITY, was responsible for maintaining
the subject sidewalk.
24. That on or about said date, the defendant, CITY, inspected the subject sidewalk.
25. That on or about said date, the defendant, CITY, was responsible for inspecting
the subject sidewalk.
26. That on or about said date, the defendant, CITY, repaired the subject sidewalk.
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27. That on or about said date, the defendant, CITY, was responsible for repairing the
subject sidewalk.
28. That on or about January 18, 2024, the defendant, HCEC EQUITIES, owned the
premises known as and located at 33-53 82nd Street, Jackson Heights, New York 11372.
29. That on or about said date, the defendant, HCEC EQUITIES, was a lessor of the
subject premises.
30. That on or about said date, the defendant, HCEC EQUITIES, was a lessee of the
subject premises.
31. That on or about said date, the defendant, HCEC EQUITIES, occupied the subject
premises.
32. That on or about said date, the defendant, HCEC EQUITIES, managed the subject
premises.
33. That on or about said date, the defendant, HCEC EQUITIES, acted as the
managing agent of the subject premises.
34. That on or about said date, the defendant, HCEC EQUITIES, controlled the
subject premises.
35. That on or about January 18, 2024, the defendant, HCEC EQUITIES, maintained
the subject premises, and more particularly, the sidewalk on the subject premises.
36. That on or about said date, the defendant, HCEC EQUITIES, was responsible for
maintaining the subject sidewalk.
37. That on or about said date, the defendant, HCEC EQUITIES, inspected the
subject sidewalk.
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38. That on or about said date, the defendant, HCEC EQUITIES, was responsible for
inspecting the subject sidewalk.
39. That on or about said date, the defendant, HCEC EQUITIES, repaired the subject
sidewalk.
40. That on or about said date, the defendant, HCEC EQUITIES, was responsible for
repairing the subject sidewalk.
41. That on or about January 18, 2024, the defendant, EVEREST BUILDINGS
MANAGEMENT, owned the premises known as and located at 33-53 82nd Street, Jackson
Heights, New York 11372.
42. That on or about said date, the defendant, EVEREST BUILDINGS
MANAGEMENT, was a lessor of the subject premises.
43. That on or about said date, the defendant, EVEREST BUILDINGS
MANAGEMENT, was a lessee of the subject premises.
44. That on or about said date, the defendant, EVEREST BUILDINGS
MANAGEMENT, occupied the subject premises.
45. That on or about said date, the defendant, EVEREST BUILDINGS
MANAGEMENT, managed the subject premises.
46. That on or about said date, the defendant, EVEREST BUILDINGS
MANAGEMENT, acted as the managing agent of the subject premises.
47. That on or about said date, the defendant, EVEREST BUILDINGS
MANAGEMENT, controlled the subject premises.
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48. That on or about January 18, 2024, the defendant, EVEREST BUILDINGS
MANAGEMENT, maintained the subject premises, and more particularly, the sidewalk on the
subject premises.
49. That on or about said date, the defendant, EVEREST BUILDINGS
MANAGEMENT, was responsible for maintaining the subject sidewalk.
50. That on or about said date, the defendant, EVEREST BUILDINGS
MANAGEMENT, inspected the subject sidewalk.
51. That on or about said date, the defendant, EVEREST BUILDINGS
MANAGEMENT, was responsible for inspecting the subject sidewalk.
52. That on or about said date, the defendant, EVEREST BUILDINGS
MANAGEMENT, repaired the subject sidewalk.
53. That on or about said date, the defendant, EVEREST BUILDINGS
MANAGEMENT, was responsible for repairing the subject sidewalk.
54. That on or about January 18, 2024, the defendant, ANTHONY, owned the
premises known as and located at 33-53 82nd Street, Jackson Heights, New York 11372.
55. That on or about said date, the defendant, ANTHONY, was a lessor of the subject
premises.
56. That on or about said date, the defendant, ANTHONY, was a lessee of the subject
premises.
57. That on or about said date, the defendant, ANTHONY, occupied the subject
premises.
58. That on or about said date, the defendant, ANTHONY, managed the subject
premises.
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59. That on or about said date, the defendant, ANTHONY, acted as the managing
agent of the subject premises.
60. That on or about said date, the defendant, ANTHONY, controlled the subject
premises.
61. That on or about January 18, 2024, the defendant, ANTHONY, maintained the
subject premises, and more particularly, the sidewalk on the subject premises.
62. That on or about said date, the defendant, ANTHONY, was responsible for
maintaining the subject sidewalk.
63. That on or about said date, the defendant, ANTHONY, inspected the subject
sidewalk.
64. That on or about said date, the defendant, ANTHONY, was responsible for
inspecting the subject sidewalk.
65. That on or about said date, the defendant, ANTHONY, repaired the subject
sidewalk.
66. That on or about said date, the defendant, ANTHONY, was responsible for
repairing the subject sidewalk.
67. That the defendants, their agents, servants and/or employees operated, supervised,
managed, maintained and was in sole charge and control of all portions of the aforesaid premises
available to and used by the various persons in common and all other persons lawfully on the
premises.
68. That the defendants reserved to themselves, their agents, servants and/or
employees, the right to come onto the aforesaid premises for the purpose of inspection, repair
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and maintaining those parts used by or available to all of the persons in common, in a reasonably
safe condition.
69. That the plaintiff was lawfully on the defendants’ subject premises.
70. That on said date and place, the defendants had charge of the sidewalk of the
subject premises, and it was the duty of said defendants, their agents, servants and/or employees
to use reasonable care and diligence in the maintenance, operation, and care of the subject
sidewalk and to maintain same, for the purpose of keeping same in a reasonably safe condition
for users thereof.
71. That on said date while the plaintiff was lawfully on said premises, she was
caused to trip and fall due to a raised, uneven, separated, broken, cracked, holed, hazardous,
collapsed, sunken, bowed, wavy, sloped, misaligned, defective, potholed, sink holed, depressed,
missing and/or otherwise mis-leveled, dangerous, and/or defective condition thereat, causing
plaintiff to sustain and serious personal injuries with attendant special damages.
72. That on said date the defendants, their agents, servants and/or employees,
reserved to themselves the right and duty of general supervision, maintenance, operation and
control, at the aforesaid location and premises, and did in fact exercise such right of supervision,
maintenance, operation and control.
73. That on said date and place, the defendants had charge of the subject premises,
and it was the duty of said defendants, their agents, servants and/or employees to use reasonable
care and diligence in the management, operation, care and maintenance of the subject premises
and to make any and all necessary markings, warning, repairs thereto, for the purpose of keeping
the same in a reasonably safe condition for travelers thereat.
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74. That at no time between its receipt of the notice of said dangerous condition
complained of and January 18, 2024, did the defendants, their agents, servants and/or employees
ever cure, correct or in any way repair the dangerous premises condition complained of.
75. That on or about said date and at all times mentioned herein, the plaintiff was
caused to be injured on the subject premises due to the doctrine of res ipsa loquitur.
76. That on or about said date and at all times mentioned herein, the plaintiff was
caused to be injured on the subject premises due to a recurring condition.
77. That on or about said date and at all times mentioned herein, the plaintiff would
not have tripped due to a to a raised, uneven, broken, cracked, holed, defective, potholed, sink
holed, depressed, missing, dangerous, and/or defective condition of the sidewalk in the absence
of negligence on the part of the defendants.
78. The defendants, CITY, HCEC EQUITIES, EVEREST BUILDINGS
MANAGEMENT and ANTHONY, their agents, servants and/or employees and/or contractors
was negligent and careless in the ownership, operation, maintenance, supervision, repair, care
and control of the aforesaid premises; in creating, continuing, causing, acquiescing in,
permitting, maintaining and allowing the aforesaid premises to be, become and remain in an
raised, uneven, separated, broken, cracked, holed, hazardous, collapsed, sunken, bowed, wavy,
sloped, misaligned, defective, potholed, sink holed, depressed, missing and/or otherwise mis-
leveled, dangerous, and/or defective condition and failing to provide a safe means of egress and
ingress from the subject premises.
79. The defendants, CITY, HCEC EQUITIES, EVEREST BUILDINGS
MANAGEMENT and ANTHONY, were negligent and careless in the ownership, operation,
maintenance, supervision, inspection, repair, care, and control of the aforesaid premises in
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creating, continuing, causing, acquiescing in, permitting, maintaining and allowing the aforesaid
premises to be, become and remain in a raised, uneven, separated, broken, cracked, holed,
hazardous, collapsed, sunken, bowed, wavy, sloped, misaligned, defective, potholed, sink holed,
depressed, missing and/or otherwise mis-leveled, dangerous, and/or defective condition all of
which constituted a nuisance and impediment and a grave danger and hazard, endangering the
life and limb of persons lawfully traversing there over.
80. The defendants, CITY, HCEC EQUITIES, EVEREST BUILDINGS
MANAGEMENT and ANTHONY their agents, servants and/or employees and/or contractors
were negligent in disregarding their duty to maintain the premises in their exclusive control in a
reasonably safe condition and in a condition of good repair and maintenance; in failing to
properly remedy the aforesaid dangerous condition and in allowing it to exist; in causing,
allowing and permitting an inherently dangerous condition and trap to be, become and remain on
the said premises.
81. That the said occurrence and the injuries resulting therefrom were caused and/or
precipitated by reason of the negligence and carelessness of the defendants, their agents,
servants, independent contractors and/or employees solely and wholly as a result of the
negligence of the defendants herein and without any negligence on the part of the plaintiff
contributing thereto.
82. That the said occurrence and the injuries resulting therefrom were caused and/or
precipitated by reason of the negligence and carelessness of the defendants, their agents,
servants, independent contractors and/or employees, in that they negligently caused, allowed and
permitted the subject dangerous and defective premises to be, become and remain in a defective
and dangerous condition so that a trap existed on the aforesaid premises; there being a great
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impediment on said premises, endangering the life and limb of persons lawfully traversing
thereat.
83. That upon information and belief at all times herein mentioned the defendants,
their agents, servants, independent contractors and/or employees had actual and/or constructive
notice of the aforesaid dangerous and defective condition and/or created the dangerous condition.
84. That on or about said date and at all times mentioned herein, the plaintiff would
not have been caused to be injured on the subject premises in the absence of negligence on the
part of the defendants.
85. That on or about said date and at all times mentioned herein, the subject premises
was within the exclusive control of the defendants.
86. That this action falls within one or more of the exceptions contained in CPLR §
1602.
87. That by reason of the foregoing the plaintiff sustained injuries to various parts of
plaintiff’s body; that plaintiff suffered and will continue to suffer for some time to come great
pain and anguish in body and mind; that plaintiff received necessary hospital care and attention
for a long period of time; that plaintiff necessarily received and will continue to receive medical
treatment and medicines for which expenses have, are and will continue to be incurred; that as a
result of the injuries sustained by plaintiff, plaintiff may, in the future, require further hospital
and medical care and attention; that plaintiff has been unable to return to plaintiff’s usual duties
and occupation as plaintiff had theretofore done and, upon information and belief, plaintiff’s
injuries are permanent, protracted and disabling in nature all to plaintiff’s damage as against the
defendants in a sum which exceeds the jurisdictional limits of all lower courts of the State of
New York.
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AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF
HUSEYIN CICEK
88. The plaintiff, HUSEYIN CICEK, repeats and realleges each and every allegation
contained in paragraphs numbered “1” through “87” of the Complaint as if fully set forth at
length herein.
89. That at all times herein mentioned, the plaintiff HUSEYIN CICEK was and still is
a resident of the County of Queens, City of Jackson Heights and State of New York.
90. That at all times herein mentioned, plaintiff, HUSEYIN CICEK, is the lawful
husband of the plaintiff, RANA BERFIN AYHAN, and as such, is entitled to the services,
companionship and society of his wife.
91. That as a result of this occurrence, plaintiff, HUSEYIN CICEK, was deprived of
the services, companionship and society of his wife plaintiff, RANA BERFIN AYHAN, and
caused to expend various sums of money, in an attempt to heal and cure her of the injuries she
sustained.
92. That by reason of the foregoing, plaintiff, HUSEYIN CICEK, has been damaged
in a sum which exceeds the jurisdictional limits of all lower Courts.
WHEREFORE, plaintiffs demand judgment against the defendants in an amount which
exceeds the jurisdictional limits of the lower courts of the State of New York, together with the
costs and disbursements of this action.
Dated: New York, New York
May 21, 2024
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REDMOND LAW FIRM, PLLC
By:
Cornelius Redmond, Esq.
Attorneys for Plaintiffs
80 Broad Street, Suite 1202
New York, New York 10004
(212) 799-8989
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VERIFICATION
STATE OF NEW YORK }
} ss:
COUNTY OF NEW YORK }
I, the undersigned, an attorney duly admitted to practice law in the State of New York,
state that I am a member of the firm REDMOND LAW FIRM PLLC, attorneys of record for the
plaintiffs in the within action; I have read the foregoing
COMPLAINT
and know the contents thereof; the same is true to my own knowledge except as to those matters
therein stated to be alleged upon information and belief, and as to those matters, I believe to be
true. The reason this verification is made by me and not by the plaintiffs are that deponent
maintains offices outside the County in which plaintiffs reside.
The grounds of my belief as to all matters not stated upon my knowledge, are as follows:
entire file maintained in your deponent’s offices, investigations, etc.
I affirm that the foregoing statements are true, under the penalties of perjury.
Dated: New York, New York
May 21, 2024
By:
Cornelius Redmond, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.
COUNTY OF QUEENS
RANA BERFIN AYHAN and HUSEYIN CICEK,
Plaintiffs,
-against-
THE CITY OF NEW YORK, HCEC EQUITIES LLC, EVEREST BUILDINGS
MANAGEMENT LLC and MARK ANTHONY,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
REDMOND LAW FIRM, PLLC
Attorneys for Plaintiffs
80 Broad Street, Suite 1202
New York, New York 10004
(212) 799-8989
Pursuant to 22NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the
Courts of New York State, certifies that, upon information and belief and reasonable inquiry,
the contentions contained in the annexed document are not frivolous
CORNELIUS REDMOND, ESQ.
REDMOND LAW FIRM, PLLC
_________________________________________________________________________________
[ ] 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 20
[ ] Notice of Settlement
that an order of which the within is a true copy
will be presented to the Hon. one of the judges of the within court at
on 20 at M.
Dated: Yours, etc.
REDMOND LAW FIRM, PLLC
80 Broad Street, Suite 1202
New York, New York 10004
(212) 799-8989
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Preview
FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------x Index No. RANA BERFIN AYHAN and HUSEYIN CICEK, Date Filed: Plaintiffs, Plaintiffs designate: QUEENS -against- County as the place of trial The basis of venue is: THE CITY OF NEW YORK, HCEC EQUITIES LLC, Location of accident EVEREST BUILDINGS MANAGEMENT LLC and MARK ANTHONY, SUMMONS Defendants. Location of accident: -----------------------------------------------------------------x 33-53 82nd Street Jackson Heights, New York 11372 To the above-named Defendant(s): 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 Plaintiffs’ Attorney, within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York); and 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 REDMOND LAW FIRM, PLLC By: Cornelius Redmond, Esq. Attorneys for Plaintiffs 80 Broad Street, Suite 1202 New York, New York 10004 (212) 799-8989 1 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 Defendants’ Addresses: THE CITY OF NEW YORK Comptroller’s Office 1 Centre Street New York, New York 10007 and Office of the NYC Corporation Counsel 100 Church Street New York, New York 10007 HCEC EQUITIES LLC 33-53 82nd Street Jackson Heights, New York 11372 and 33-54 83rd Street Jackson Heights, New York 11372 and 75-22 37th Avenue, Apartment #181 Jackson Heights, New York 11372 and c/o Corporate Filings of New York 90 State Street, Suite 700, Office 40 Albany, New York 12207 EVEREST BUILDINGS MANAGEMENT LLC 33-53 82nd Street Jackson Heights, New York 11372 and 33-54 83rd Street Jackson Heights, New York 11372 and 75-22 37th Avenue, Apartment #181 Jackson Heights, New York 11372 2 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 MARK ANTHONY 33-53 82nd Street Jackson Heights, New York 11372 and 33-54 83rd Street Jackson Heights, New York 11372 3 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -----------------------------------------------------------------x Index No. RANA BERFIN AYHAN and HUSEYIN CICEK, VERIFIED COMPLAINT Plaintiffs, -against- THE CITY OF NEW YORK, HCEC EQUITIES LLC, EVEREST BUILDINGS MANAGEMENT LLC and MARK ANTHONY, Defendants. -----------------------------------------------------------------x Plaintiffs, by their attorneys, REDMOND LAW FIRM, PLLC complaining of the defendants, all upon information and belief, respectfully states and alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF RANA BERFIN AYHAN 1. That at all times herein mentioned, the plaintiff RANA BERFIN AYHAN was and still is a resident of the County of Queens, City of Jackson Heights and State of New York. 2. That at all times herein mentioned, the occurrence that gave rise to this action occurred in the County of Queens, City of Jackson Heights and State of New York. 3. That upon information and belief, at all times herein mentioned, the defendant THE CITY OF NEW YORK (hereinafter “CITY”), was and still is a municipal corporation duly organized and existing under and by the virtues of the laws of the State of New York. 4. That upon information and belief, at all times herein mentioned, the defendant HCEC EQUITIES LLC (hereinafter “HCEC EQUITIES”), was a domestic limited liability company duly organized and existing under and by the virtues of the laws of the State of New York. 4 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 5. That upon information and belief, at all times herein mentioned, the defendant HCEC EQUITIES was a partnership transacting business in the State of New York. 6. That upon information and belief, at all times herein mentioned, the defendant HCEC EQUITIES was a business entity doing business within the State of New York. 7. That upon information and belief, at all times herein mentioned, the defendant EVEREST BUILDINGS MANAGEMENT LLC (hereinafter “EVEREST BUILDINGS MANAGEMENT”), was a domestic limited liability company duly organized and existing under and by the virtues of the laws of the State of New York. 8. That upon information and belief, at all times herein mentioned, the defendant EVEREST BUILDINGS MANAGEMENT was a partnership transacting business in the State of New York. 9. That upon information and belief, at all times herein mentioned, the defendant EVEREST BUILDINGS MANAGEMENT was a business entity doing business within the State of New York. 10. That at all times herein mentioned, the defendant MARK ANTHONY (hereinafter “ANTHONY”) was and still is a resident of the County of Queens, City of Jackson Heights and State of New York. 11. Within ninety days (90) of the occurrence herein, a notice of claim in writing was served on behalf of plaintiff, RANA BERFIN AYHAN, upon defendant, CITY, in accordance with Section 50-e of the General Municipal Law. 12. Although more than thirty (30) days have elapsed since service of such Notice of Claim, defendant, CITY, has neglected and refused to pay said claim or adjust same. 5 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 13. The hearing has either been held or scheduled or waived. Or if not held, plaintiff agrees to hold said hearing if noticed within a reasonable amount of time. 14. This action is commenced within one (1) year and ninety (90) days from January 18, 2024, the date the accident occurred. 15. That on or about January 18, 2024, the defendant, CITY, owned the premises known as and located at 33-53 82nd Street, Jackson Heights, New York 11372. 16. That on or about said date, the defendant, CITY, was a lessor of the subject premises. 17. That on or about said date, the defendant, CITY, was a lessee of the subject premises. 18. That on or about said date, the defendant, CITY, occupied the subject premises. 19. That on or about said date, the defendant, CITY, managed the subject premises. 20. That on or about said date, the defendant, CITY, acted as the managing agent of the subject premises. 21. That on or about said date, the defendant, CITY, controlled the subject premises. 22. That on or about January 18, 2024, the defendant, CITY, maintained the subject premises, and more particularly, the sidewalk on the subject premises. 23. That on or about said date, the defendant, CITY, was responsible for maintaining the subject sidewalk. 24. That on or about said date, the defendant, CITY, inspected the subject sidewalk. 25. That on or about said date, the defendant, CITY, was responsible for inspecting the subject sidewalk. 26. That on or about said date, the defendant, CITY, repaired the subject sidewalk. 6 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 27. That on or about said date, the defendant, CITY, was responsible for repairing the subject sidewalk. 28. That on or about January 18, 2024, the defendant, HCEC EQUITIES, owned the premises known as and located at 33-53 82nd Street, Jackson Heights, New York 11372. 29. That on or about said date, the defendant, HCEC EQUITIES, was a lessor of the subject premises. 30. That on or about said date, the defendant, HCEC EQUITIES, was a lessee of the subject premises. 31. That on or about said date, the defendant, HCEC EQUITIES, occupied the subject premises. 32. That on or about said date, the defendant, HCEC EQUITIES, managed the subject premises. 33. That on or about said date, the defendant, HCEC EQUITIES, acted as the managing agent of the subject premises. 34. That on or about said date, the defendant, HCEC EQUITIES, controlled the subject premises. 35. That on or about January 18, 2024, the defendant, HCEC EQUITIES, maintained the subject premises, and more particularly, the sidewalk on the subject premises. 36. That on or about said date, the defendant, HCEC EQUITIES, was responsible for maintaining the subject sidewalk. 37. That on or about said date, the defendant, HCEC EQUITIES, inspected the subject sidewalk. 7 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 38. That on or about said date, the defendant, HCEC EQUITIES, was responsible for inspecting the subject sidewalk. 39. That on or about said date, the defendant, HCEC EQUITIES, repaired the subject sidewalk. 40. That on or about said date, the defendant, HCEC EQUITIES, was responsible for repairing the subject sidewalk. 41. That on or about January 18, 2024, the defendant, EVEREST BUILDINGS MANAGEMENT, owned the premises known as and located at 33-53 82nd Street, Jackson Heights, New York 11372. 42. That on or about said date, the defendant, EVEREST BUILDINGS MANAGEMENT, was a lessor of the subject premises. 43. That on or about said date, the defendant, EVEREST BUILDINGS MANAGEMENT, was a lessee of the subject premises. 44. That on or about said date, the defendant, EVEREST BUILDINGS MANAGEMENT, occupied the subject premises. 45. That on or about said date, the defendant, EVEREST BUILDINGS MANAGEMENT, managed the subject premises. 46. That on or about said date, the defendant, EVEREST BUILDINGS MANAGEMENT, acted as the managing agent of the subject premises. 47. That on or about said date, the defendant, EVEREST BUILDINGS MANAGEMENT, controlled the subject premises. 8 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 48. That on or about January 18, 2024, the defendant, EVEREST BUILDINGS MANAGEMENT, maintained the subject premises, and more particularly, the sidewalk on the subject premises. 49. That on or about said date, the defendant, EVEREST BUILDINGS MANAGEMENT, was responsible for maintaining the subject sidewalk. 50. That on or about said date, the defendant, EVEREST BUILDINGS MANAGEMENT, inspected the subject sidewalk. 51. That on or about said date, the defendant, EVEREST BUILDINGS MANAGEMENT, was responsible for inspecting the subject sidewalk. 52. That on or about said date, the defendant, EVEREST BUILDINGS MANAGEMENT, repaired the subject sidewalk. 53. That on or about said date, the defendant, EVEREST BUILDINGS MANAGEMENT, was responsible for repairing the subject sidewalk. 54. That on or about January 18, 2024, the defendant, ANTHONY, owned the premises known as and located at 33-53 82nd Street, Jackson Heights, New York 11372. 55. That on or about said date, the defendant, ANTHONY, was a lessor of the subject premises. 56. That on or about said date, the defendant, ANTHONY, was a lessee of the subject premises. 57. That on or about said date, the defendant, ANTHONY, occupied the subject premises. 58. That on or about said date, the defendant, ANTHONY, managed the subject premises. 9 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 59. That on or about said date, the defendant, ANTHONY, acted as the managing agent of the subject premises. 60. That on or about said date, the defendant, ANTHONY, controlled the subject premises. 61. That on or about January 18, 2024, the defendant, ANTHONY, maintained the subject premises, and more particularly, the sidewalk on the subject premises. 62. That on or about said date, the defendant, ANTHONY, was responsible for maintaining the subject sidewalk. 63. That on or about said date, the defendant, ANTHONY, inspected the subject sidewalk. 64. That on or about said date, the defendant, ANTHONY, was responsible for inspecting the subject sidewalk. 65. That on or about said date, the defendant, ANTHONY, repaired the subject sidewalk. 66. That on or about said date, the defendant, ANTHONY, was responsible for repairing the subject sidewalk. 67. That the defendants, their agents, servants and/or employees operated, supervised, managed, maintained and was in sole charge and control of all portions of the aforesaid premises available to and used by the various persons in common and all other persons lawfully on the premises. 68. That the defendants reserved to themselves, their agents, servants and/or employees, the right to come onto the aforesaid premises for the purpose of inspection, repair 10 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 and maintaining those parts used by or available to all of the persons in common, in a reasonably safe condition. 69. That the plaintiff was lawfully on the defendants’ subject premises. 70. That on said date and place, the defendants had charge of the sidewalk of the subject premises, and it was the duty of said defendants, their agents, servants and/or employees to use reasonable care and diligence in the maintenance, operation, and care of the subject sidewalk and to maintain same, for the purpose of keeping same in a reasonably safe condition for users thereof. 71. That on said date while the plaintiff was lawfully on said premises, she was caused to trip and fall due to a raised, uneven, separated, broken, cracked, holed, hazardous, collapsed, sunken, bowed, wavy, sloped, misaligned, defective, potholed, sink holed, depressed, missing and/or otherwise mis-leveled, dangerous, and/or defective condition thereat, causing plaintiff to sustain and serious personal injuries with attendant special damages. 72. That on said date the defendants, their agents, servants and/or employees, reserved to themselves the right and duty of general supervision, maintenance, operation and control, at the aforesaid location and premises, and did in fact exercise such right of supervision, maintenance, operation and control. 73. That on said date and place, the defendants had charge of the subject premises, and it was the duty of said defendants, their agents, servants and/or employees to use reasonable care and diligence in the management, operation, care and maintenance of the subject premises and to make any and all necessary markings, warning, repairs thereto, for the purpose of keeping the same in a reasonably safe condition for travelers thereat. 11 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 74. That at no time between its receipt of the notice of said dangerous condition complained of and January 18, 2024, did the defendants, their agents, servants and/or employees ever cure, correct or in any way repair the dangerous premises condition complained of. 75. That on or about said date and at all times mentioned herein, the plaintiff was caused to be injured on the subject premises due to the doctrine of res ipsa loquitur. 76. That on or about said date and at all times mentioned herein, the plaintiff was caused to be injured on the subject premises due to a recurring condition. 77. That on or about said date and at all times mentioned herein, the plaintiff would not have tripped due to a to a raised, uneven, broken, cracked, holed, defective, potholed, sink holed, depressed, missing, dangerous, and/or defective condition of the sidewalk in the absence of negligence on the part of the defendants. 78. The defendants, CITY, HCEC EQUITIES, EVEREST BUILDINGS MANAGEMENT and ANTHONY, their agents, servants and/or employees and/or contractors was negligent and careless in the ownership, operation, maintenance, supervision, repair, care and control of the aforesaid premises; in creating, continuing, causing, acquiescing in, permitting, maintaining and allowing the aforesaid premises to be, become and remain in an raised, uneven, separated, broken, cracked, holed, hazardous, collapsed, sunken, bowed, wavy, sloped, misaligned, defective, potholed, sink holed, depressed, missing and/or otherwise mis- leveled, dangerous, and/or defective condition and failing to provide a safe means of egress and ingress from the subject premises. 79. The defendants, CITY, HCEC EQUITIES, EVEREST BUILDINGS MANAGEMENT and ANTHONY, were negligent and careless in the ownership, operation, maintenance, supervision, inspection, repair, care, and control of the aforesaid premises in 12 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 creating, continuing, causing, acquiescing in, permitting, maintaining and allowing the aforesaid premises to be, become and remain in a raised, uneven, separated, broken, cracked, holed, hazardous, collapsed, sunken, bowed, wavy, sloped, misaligned, defective, potholed, sink holed, depressed, missing and/or otherwise mis-leveled, dangerous, and/or defective condition all of which constituted a nuisance and impediment and a grave danger and hazard, endangering the life and limb of persons lawfully traversing there over. 80. The defendants, CITY, HCEC EQUITIES, EVEREST BUILDINGS MANAGEMENT and ANTHONY their agents, servants and/or employees and/or contractors were negligent in disregarding their duty to maintain the premises in their exclusive control in a reasonably safe condition and in a condition of good repair and maintenance; in failing to properly remedy the aforesaid dangerous condition and in allowing it to exist; in causing, allowing and permitting an inherently dangerous condition and trap to be, become and remain on the said premises. 81. That the said occurrence and the injuries resulting therefrom were caused and/or precipitated by reason of the negligence and carelessness of the defendants, their agents, servants, independent contractors and/or employees solely and wholly as a result of the negligence of the defendants herein and without any negligence on the part of the plaintiff contributing thereto. 82. That the said occurrence and the injuries resulting therefrom were caused and/or precipitated by reason of the negligence and carelessness of the defendants, their agents, servants, independent contractors and/or employees, in that they negligently caused, allowed and permitted the subject dangerous and defective premises to be, become and remain in a defective and dangerous condition so that a trap existed on the aforesaid premises; there being a great 13 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 impediment on said premises, endangering the life and limb of persons lawfully traversing thereat. 83. That upon information and belief at all times herein mentioned the defendants, their agents, servants, independent contractors and/or employees had actual and/or constructive notice of the aforesaid dangerous and defective condition and/or created the dangerous condition. 84. That on or about said date and at all times mentioned herein, the plaintiff would not have been caused to be injured on the subject premises in the absence of negligence on the part of the defendants. 85. That on or about said date and at all times mentioned herein, the subject premises was within the exclusive control of the defendants. 86. That this action falls within one or more of the exceptions contained in CPLR § 1602. 87. That by reason of the foregoing the plaintiff sustained injuries to various parts of plaintiff’s body; that plaintiff suffered and will continue to suffer for some time to come great pain and anguish in body and mind; that plaintiff received necessary hospital care and attention for a long period of time; that plaintiff necessarily received and will continue to receive medical treatment and medicines for which expenses have, are and will continue to be incurred; that as a result of the injuries sustained by plaintiff, plaintiff may, in the future, require further hospital and medical care and attention; that plaintiff has been unable to return to plaintiff’s usual duties and occupation as plaintiff had theretofore done and, upon information and belief, plaintiff’s injuries are permanent, protracted and disabling in nature all to plaintiff’s damage as against the defendants in a sum which exceeds the jurisdictional limits of all lower courts of the State of New York. 14 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF HUSEYIN CICEK 88. The plaintiff, HUSEYIN CICEK, repeats and realleges each and every allegation contained in paragraphs numbered “1” through “87” of the Complaint as if fully set forth at length herein. 89. That at all times herein mentioned, the plaintiff HUSEYIN CICEK was and still is a resident of the County of Queens, City of Jackson Heights and State of New York. 90. That at all times herein mentioned, plaintiff, HUSEYIN CICEK, is the lawful husband of the plaintiff, RANA BERFIN AYHAN, and as such, is entitled to the services, companionship and society of his wife. 91. That as a result of this occurrence, plaintiff, HUSEYIN CICEK, was deprived of the services, companionship and society of his wife plaintiff, RANA BERFIN AYHAN, and caused to expend various sums of money, in an attempt to heal and cure her of the injuries she sustained. 92. That by reason of the foregoing, plaintiff, HUSEYIN CICEK, has been damaged in a sum which exceeds the jurisdictional limits of all lower Courts. WHEREFORE, plaintiffs demand judgment against the defendants in an amount which exceeds the jurisdictional limits of the lower courts of the State of New York, together with the costs and disbursements of this action. Dated: New York, New York May 21, 2024 15 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 REDMOND LAW FIRM, PLLC By: Cornelius Redmond, Esq. Attorneys for Plaintiffs 80 Broad Street, Suite 1202 New York, New York 10004 (212) 799-8989 16 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 VERIFICATION STATE OF NEW YORK } } ss: COUNTY OF NEW YORK } I, the undersigned, an attorney duly admitted to practice law in the State of New York, state that I am a member of the firm REDMOND LAW FIRM PLLC, attorneys of record for the plaintiffs in the within action; I have read the foregoing COMPLAINT and know the contents thereof; the same is true to my own knowledge except as to those matters therein stated to be alleged upon information and belief, and as to those matters, I believe to be true. The reason this verification is made by me and not by the plaintiffs are that deponent maintains offices outside the County in which plaintiffs reside. The grounds of my belief as to all matters not stated upon my knowledge, are as follows: entire file maintained in your deponent’s offices, investigations, etc. I affirm that the foregoing statements are true, under the penalties of perjury. Dated: New York, New York May 21, 2024 By: Cornelius Redmond, Esq. 17 of 18 FILED: QUEENS COUNTY CLERK 05/21/2024 03:13 AM INDEX NO. 710705/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2024 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. COUNTY OF QUEENS RANA BERFIN AYHAN and HUSEYIN CICEK, Plaintiffs, -against- THE CITY OF NEW YORK, HCEC EQUITIES LLC, EVEREST BUILDINGS MANAGEMENT LLC and MARK ANTHONY, Defendants. SUMMONS AND VERIFIED COMPLAINT REDMOND LAW FIRM, PLLC Attorneys for Plaintiffs 80 Broad Street, Suite 1202 New York, New York 10004 (212) 799-8989 Pursuant to 22NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the Courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous CORNELIUS REDMOND, ESQ. REDMOND LAW FIRM, PLLC _________________________________________________________________________________ [ ] 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 20 [ ] Notice of Settlement that an order of which the within is a true copy will be presented to the Hon. one of the judges of the within court at on 20 at M. Dated: Yours, etc. REDMOND LAW FIRM, PLLC 80 Broad Street, Suite 1202 New York, New York 10004 (212) 799-8989 18 of 18