Preview
FILED: NEW YORK COUNTY CLERK 06/13/2024 01:11 PM INDEX NO. 155443/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
SUPREMECOURTOFTHESTATEOFNEWYORK Index No.:
COUNTYOFNEWYORK
---------------------------------------------------------------------X SUMMONS
CHERYLFARRELL,
Plaintiffs designate NEW
Plaintiff, YORKCounty as the place of
trial.
-against-
The basis of venue is:
CONSIGLI CONSTRUCTION
COMPANY,INC., Place of Occurrence
Defendant. Plaintiff's Residence:
---------------------------------------------------------------------X 233 Carlyle Green
Staten Island, NewYork 10312
County of Richmond
To the above named Defendants:
You are hereby summonedto 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 attorneys within twenty days after the service of this summons, exclusive of the
day of service, where service is made by delivery upon you personally within the state, or, within
30 days after completion of service where service is made in any other manner. In case of your
failure to appear or answer, judgment will be taken against you by default for the relief demanded
in the complaint.
Dated: BROOKLYN,NEWYORK
June 13, 2024
Andrew M. Friedman, sq.
FRIEDMANSANCHEZ, LLP
Attorneys for Plaintiff
26th
16 Court Street, FlOOr
Brooklyn, NewYork 11241
(718) 797-2488
TO:
CONSIGLI CONSTRUCTION
COMPANY,INC.
600 Mamaroneck Avenue, #400
Harrison, NewYork 10528
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FILED: NEW YORK COUNTY CLERK 06/13/2024 01:11 PM INDEX NO. 155443/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
OFTHESTATEOFNEWYORK
SUPREMECOURT
COUNTYOFNEWYORK
_____________________________________________________________________Ç
CHERYLFARRELL,
Index No.:
Plaintiff,
VERIFIED COMPLAINT
-against-
CONSIGLI CONSTRUCTION
COMPANY,INC.,
Defendant.
_____________________________________________________________________Ç
Plaintiff, by her attorneys FRIEDMANSANCHEZ,LLP, complaining of the Defendant,
respectfully allege, upon information and belief, as follows:
1.) That at all times hereinafter mentioned, Plaintiff was, and still is, a resident of the
County of Richmond, City and State of NewYork.
2.) That at all times hereinafter mentioned, the Defendant CONSIGLI
CONSTRUCTION
COMPANY,INC., was and still is a domestic corporation duly organized and
existing under and by virtue of the laws of the State of NewYork.
3.) That at all times relevant hereto, the Defendant CONSIGLI CONSTRUCTION
COMPANY,INC., maintained a principal place of business in the State of NewYork.
4.) That on or about July 9, 2023, and prior thereto, the Defendant was performing
ISt
construction, repair and related work at premises known as 462 Avenue, a/k/a Bellevue Hospital
Center, including the roof and adjacent areas thereat.
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FILED: NEW YORK COUNTY CLERK 06/13/2024 01:11 PM INDEX NO. 155443/2024
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5.) That on or about July 17, 2023, and prior thereto, the Defendant was performing
1St
construction, repair and related work at premises known as 462 Avenue, a/k/a Bellevue Hospital
Center, including the roof and adjacent areas thereat, including repair of a water leak.
6.) That at all times hereinafter mentioned, the Defendant managedthe aforesaid repair
and related work.
7.) That at all times hereinafter mentioned, the Defendant controlled the aforesaid
repair and related work.
8.) That on July 17, 2023, Plaintiff CHERYLFARRELLwas lawfully on the aforesaid
premises in the course of her employment.
9.) On July 17, 2023, while Plaintiff CHERYLFARRELLwas lawfully about the
aforesaid premises, a ceiling was caused to and did fall on the Plaintiff, causing Plaintiff to sustain
serious and permanent injuries.
10.) The above-mentioned occurrence, and the results thereof, were caused by the
negligence of the Defendant and/or said Defendant's servants, agents, employees and/or licensees
in the repair, operation, management, supervision, maintenance and control of the aforesaid
premises.
11.) That no negligence on the part of the Plaintiff contributed to the occurrence alleged
herein in any manner whatsoever.
12.) That as a result of the foregoing, Plaintiff was caused to sustain serious injuries and
to have suffered pain, shock, mental anguish; that these injuries and their effects will be permanent;
as a result of said injuries Plaintiff was caused, and will continue to be caused, to incur expenses
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FILED: NEW YORK COUNTY CLERK 06/13/2024 01:11 PM INDEX NO. 155443/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
for medical care and attention; and Plaintiff was, and will continue to be, rendered unable to
perform Plaintiff s normal activities and duties and has sustained a resultant loss therefrom.
13.) That as a result of the foregoing, Plaintiff was damagedin an amount which exceeds
the jurisdictional limits of all lower Courts which would otherwise have jurisdiction.
WHEREFORE,
Plaintiff demands judgment against the Defendant herein, in a sum
exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction,
together with the costs and disbursements of this action.
Yo , etc.
Andrew M. an, Esq.
FRIEDMANSANCHEZ,LLP
Attorneys for Plaintiff
26th
16 Court Street, PlOOr
Brooklyn, NewYork 11241
(718) 797-2488
4
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024
ATTORNEY'SVERIFICATION
Andrew M. Friedman, an attorney duly admitted to practice before the Courts of
the State of NewYork, affirms the following to be true under the penalties of perjury:
I am an attorney at FRIEDMANSANCHEZ, LLP, attorneys of record for Plaintiff,
CHERYLFARRELLI have read the annexed
COMPLAINT
and know the contents thereof, and the same are true to my knowledge, except those matters
therein which are stated to be alleged upon information and belief, and as to those matters I believe
them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon
facts, records, and other pertinent information contained in my files.
The reason this verification is made by meand not Plaintiff(s) is that Plaintiff(s) is/are not
presently in the county wherein the attorneys for the plaintiff(s) maintain their offices.
DATED: Brooklyn, NewYork
June 13, 2024
(
Andrew M. Friedman
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Preview
FILED: NEW YORK COUNTY CLERK 06/13/2024 01:11 PM INDEX NO. 155443/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 SUPREMECOURTOFTHESTATEOFNEWYORK Index No.: COUNTYOFNEWYORK ---------------------------------------------------------------------X SUMMONS CHERYLFARRELL, Plaintiffs designate NEW Plaintiff, YORKCounty as the place of trial. -against- The basis of venue is: CONSIGLI CONSTRUCTION COMPANY,INC., Place of Occurrence Defendant. Plaintiff's Residence: ---------------------------------------------------------------------X 233 Carlyle Green Staten Island, NewYork 10312 County of Richmond To the above named Defendants: You are hereby summonedto 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 attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: BROOKLYN,NEWYORK June 13, 2024 Andrew M. Friedman, sq. FRIEDMANSANCHEZ, LLP Attorneys for Plaintiff 26th 16 Court Street, FlOOr Brooklyn, NewYork 11241 (718) 797-2488 TO: CONSIGLI CONSTRUCTION COMPANY,INC. 600 Mamaroneck Avenue, #400 Harrison, NewYork 10528 1 of 5 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:11 PM INDEX NO. 155443/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 OFTHESTATEOFNEWYORK SUPREMECOURT COUNTYOFNEWYORK _____________________________________________________________________Ç CHERYLFARRELL, Index No.: Plaintiff, VERIFIED COMPLAINT -against- CONSIGLI CONSTRUCTION COMPANY,INC., Defendant. _____________________________________________________________________Ç Plaintiff, by her attorneys FRIEDMANSANCHEZ,LLP, complaining of the Defendant, respectfully allege, upon information and belief, as follows: 1.) That at all times hereinafter mentioned, Plaintiff was, and still is, a resident of the County of Richmond, City and State of NewYork. 2.) That at all times hereinafter mentioned, the Defendant CONSIGLI CONSTRUCTION COMPANY,INC., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of NewYork. 3.) That at all times relevant hereto, the Defendant CONSIGLI CONSTRUCTION COMPANY,INC., maintained a principal place of business in the State of NewYork. 4.) That on or about July 9, 2023, and prior thereto, the Defendant was performing ISt construction, repair and related work at premises known as 462 Avenue, a/k/a Bellevue Hospital Center, including the roof and adjacent areas thereat. 2 2 of 5 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:11 PM INDEX NO. 155443/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 5.) That on or about July 17, 2023, and prior thereto, the Defendant was performing 1St construction, repair and related work at premises known as 462 Avenue, a/k/a Bellevue Hospital Center, including the roof and adjacent areas thereat, including repair of a water leak. 6.) That at all times hereinafter mentioned, the Defendant managedthe aforesaid repair and related work. 7.) That at all times hereinafter mentioned, the Defendant controlled the aforesaid repair and related work. 8.) That on July 17, 2023, Plaintiff CHERYLFARRELLwas lawfully on the aforesaid premises in the course of her employment. 9.) On July 17, 2023, while Plaintiff CHERYLFARRELLwas lawfully about the aforesaid premises, a ceiling was caused to and did fall on the Plaintiff, causing Plaintiff to sustain serious and permanent injuries. 10.) The above-mentioned occurrence, and the results thereof, were caused by the negligence of the Defendant and/or said Defendant's servants, agents, employees and/or licensees in the repair, operation, management, supervision, maintenance and control of the aforesaid premises. 11.) That no negligence on the part of the Plaintiff contributed to the occurrence alleged herein in any manner whatsoever. 12.) That as a result of the foregoing, Plaintiff was caused to sustain serious injuries and to have suffered pain, shock, mental anguish; that these injuries and their effects will be permanent; as a result of said injuries Plaintiff was caused, and will continue to be caused, to incur expenses 3 3 of 5 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:11 PM INDEX NO. 155443/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 for medical care and attention; and Plaintiff was, and will continue to be, rendered unable to perform Plaintiff s normal activities and duties and has sustained a resultant loss therefrom. 13.) That as a result of the foregoing, Plaintiff was damagedin an amount which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff demands judgment against the Defendant herein, in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Yo , etc. Andrew M. an, Esq. FRIEDMANSANCHEZ,LLP Attorneys for Plaintiff 26th 16 Court Street, PlOOr Brooklyn, NewYork 11241 (718) 797-2488 4 4 of 5 FILED: NEW YORK COUNTY CLERK 06/13/2024 01:11 PM INDEX NO. 155443/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/13/2024 ATTORNEY'SVERIFICATION Andrew M. Friedman, an attorney duly admitted to practice before the Courts of the State of NewYork, affirms the following to be true under the penalties of perjury: I am an attorney at FRIEDMANSANCHEZ, LLP, attorneys of record for Plaintiff, CHERYLFARRELLI have read the annexed COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. The reason this verification is made by meand not Plaintiff(s) is that Plaintiff(s) is/are not presently in the county wherein the attorneys for the plaintiff(s) maintain their offices. DATED: Brooklyn, NewYork June 13, 2024 ( Andrew M. Friedman 5 5 of 5