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(FILED: NASSAU COUNTY CLERK 11/06/2015 12:48 PM INDEX NO. 607217/2015
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2015
SUPREME COURT STATE OF NEW YORK
COUNTY OF NASSAU
Index No.
LYONNEL SAINTUME, Date Purchased
Plaintiff(s) designate(s)
Nassau County as the place of
trial.
Plaintiff
against
The basis of the venue is
ELIZABETH LAMATTINA, Plaintiff (s) residence
Defendanis. SUMM ON: is
Plaintiff(s) reside at
| 271 Woodfield Road
West Hempstead, NY 11552
County of Nassau
To the above named Defendant
You are hereby summoned to answer the complaint in this action and to serve a copy of your
answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the
Plaintiff's Attorney(s) 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.
EDELMAN, KRASIN & JAYE, PLLC.
DATED: Carle Place, New York Attorney(s) for Plaintiff
November 6, 2015 BY: Khe Lk
ALLEN J. ROSNER, ESQ.
Office and Post Office Address
7001 Brush Hollow Road, Suite 100
Westbury, New York 11590
Defendants’ address: (516) 742-9200
EKJ-3959 (Igc)
ELZABETH LATATTINA
175 High Farms Road
Glen Head, New York 11545SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
weeeee ence neem ee nenmnnnennnnnnnnennnnnn xX
LYONNEL SAINTUME, Index No:
Plaintiff, VERIFIED
COMPLAINT
-against-
ELIZABETH LAMATTINA,
Defendant.
penne ence eeee een e nent n ne nennnnnnenennnne! x
Plaintiff, by her attorneys, EDELMAN, KRASIN & JAYE, PLLC, complaining of the
defendant, alleges:
FIRST: Atall times hereinafter mentioned, plaintiff was and still is a resident
of the County of Nassau, State of New York.
SECOND: Upon information and belief, at all times hereinafter mentioned,
defendant, ELIZABETH LAMATTINA, was and still is a resident of the County of Nassau, State
of New York.
THIRD: That at all times hereinafter mentioned defendant, ELIZABETH
LAMATTINA, owned certain premises located at 175 High Farms Road, Glen Head, County of
Nassau, State of New York.
FOURTH: That at all times hereinafter mentioned defendant, ELIZABETH
LAMATTINA, operated certain premises located at 175 High Farms Road, Glen Head, County of
Nassau, State of New York.
FIFTH: That at all times hereinafter mentioned defendant, ELIZABETH
LAMATTINA, maintained certain premises located at 175 High Farms Road, Glen Head, County ofNassau, State of New York.
SIXTH: That at all times hereinafter mentioned defendant, ELIZABETH
LAMATTINA, managed certain premises located at 175 High Farms Road, Glen Head, County of
Nassau, State of New York.
SEVENTH: That at all times hereinafter mentioned defendant, ELIZABETH
LAMATTINA, controlled certain premises located at 175 High Farms Road, Glen Head, County of
Nassau, State of New York.
EIGHTH: That on or about the 7" day of August, 2013, at approximately 6:30
P.M., while plaintiff, LYONNEL SAINTUME, was legally working in the attic on the premises
located at 175 High Farm Road, Glen Head, New York, said plaintiff was caused to fall through
rotted beams thereat. Said incident resulted in plaintiff, LYONNEL SAINTUME, sustaining severe
and permanent personal injuries.
NINTH: That defendant, ELIZABETH LAMATTINA, their agents, employees
and/or servants, improperly, negligently and carelessly constructed, maintained, repaired and
inspected the premises, thereat; in causing a dangerous and hazardous condition to exist at said
premises; in causing, permitting and allowing the beams to become and remain in a rotted condition
and in a general state of disrepair; in failing to provide a safe place for plaintiff to traverse the
premises; in failing to post warnings at aforesaid location which was in an unsafe, dangerous and
hazardous condition; in failing to take proper and adequate measures and precautions to avoid and/or
prevent the happening of the occurrence complained of; in that no barricades, signs or any other
warning devices were set up, and/or posted indicating the dangerous condition that existed; in failing
to reasonably anticipate that persons lawfully traversing defendant’s premises could sustain physical
injuries by reason of the unsafe, dangerous and hazardous condition that existed, all of whichdefendant, had due notice, or by reasonable inspection thereof might and should have had due notice
of said condition.
TENTH: That said accident and the injuries to plaintiff, LYONNEL SAINTUME,
resulting therefrom, were caused solely by the negligence of the defendant, ELIZABETH
LAMATTINA, and without any negligence on the part of this plaintiff contributing thereto.
ELEVENTH: By reason of the foregoing, plaintiff, LYONNEL SAINTUME,
sustained severe and permanent personal injuries and suffered great pain, physical and mental
anguish, all to his damage all in an amount exceeding the jurisdictional limit of all lower courts.
WHEREFORE: Plaintiff demands judgment against defendant, ELIZABETH
LAMATTINA, in an amount exceeding the jurisdictional limits of all lower courts and for the costs
and disbursements of this action.
Yours, etc.
EDELMAN, KRASIN & JAYE, PLLC
Attorney for Plaintiff
py_Kh {- kane
ALLEN J.ROSNER
Address & P.O. Address
7001 Brush Hollow Road, Suite 100
Westbury, New York, 11590
(516) 742-9200
File No:EKJ-3959 (Igc)STATE OF NEW YORK _ )
) SS.
COUNTY OF NASSAU )
I, the undersigned, am an attorney admitted to practice in the Courts of
New York State, and say that:
I am the attorney of record, for plaintiff, LYONNEL SAINTUME, have
read the plaintiff's COMPLAINT 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:
Books, papers, records in possession.
The reason I make this affirmation instead of Plaintiff, is because she
resides in a County other that in which affiant maintains an office.
1 affirm that the following statements are true under penalties of perjury.
Ke
ALLEN J. ROSNER, ESQ.
Dated: Carle Place, New York
November 6, 2015Index No. Enter Index # Here Year 2015
LYONNEL SAINTUME,
Plaintiff(s),
- against-
ELIZABETH LAMATTINA,
Defendant(s).
ORIGINAL
SUMMONS & COMPLAINT
EDELMAN, KRASIN & JAYE, PLLC
Attorneys for Plaintiffs
7001 Brush Hollow Road, Suite 100
Westbury, New York 11590
(516) 742-9200
To
Signature (Rule 130-1.1-a)
Km | Popa
Attorney(s) for Enter Party Represented ALLEN J. ROSNER, ESQ.
Service of a copy of the within Enter Type of Document is hereby admitted.
Dated:
Attorney(s) for
Please take notice
oO NOTICE OF ENTRY
that the within is a (certified) true copy of an Order duly entered in the office of the clerk of the within named court on Choose
Date.
oO NOTICE OF SETTLEMENT
that an order of Settlement of which the within is a true copy will be presented for settlement to the HON. Enter name of Judge
‘one of the judges of the within named court at Enter address of courthouse on Choose Date.
Dated: November 6, 2015 Yours, etc.
EDELMAN, KRASIN & JAYE, PLLC
Attorneys for Plaintiff
7001 Brush Hollow Road, Suite 100
Westbury, New York 11590
(516) 742-9200
Preview
(FILED: NASSAU COUNTY CLERK 11/06/2015 12:48 PM INDEX NO. 607217/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2015 SUPREME COURT STATE OF NEW YORK COUNTY OF NASSAU Index No. LYONNEL SAINTUME, Date Purchased Plaintiff(s) designate(s) Nassau County as the place of trial. Plaintiff against The basis of the venue is ELIZABETH LAMATTINA, Plaintiff (s) residence Defendanis. SUMM ON: is Plaintiff(s) reside at | 271 Woodfield Road West Hempstead, NY 11552 County of Nassau To the above named Defendant You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) 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. EDELMAN, KRASIN & JAYE, PLLC. DATED: Carle Place, New York Attorney(s) for Plaintiff November 6, 2015 BY: Khe Lk ALLEN J. ROSNER, ESQ. Office and Post Office Address 7001 Brush Hollow Road, Suite 100 Westbury, New York 11590 Defendants’ address: (516) 742-9200 EKJ-3959 (Igc) ELZABETH LATATTINA 175 High Farms Road Glen Head, New York 11545SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU weeeee ence neem ee nenmnnnennnnnnnnennnnnn xX LYONNEL SAINTUME, Index No: Plaintiff, VERIFIED COMPLAINT -against- ELIZABETH LAMATTINA, Defendant. penne ence eeee een e nent n ne nennnnnnenennnne! x Plaintiff, by her attorneys, EDELMAN, KRASIN & JAYE, PLLC, complaining of the defendant, alleges: FIRST: Atall times hereinafter mentioned, plaintiff was and still is a resident of the County of Nassau, State of New York. SECOND: Upon information and belief, at all times hereinafter mentioned, defendant, ELIZABETH LAMATTINA, was and still is a resident of the County of Nassau, State of New York. THIRD: That at all times hereinafter mentioned defendant, ELIZABETH LAMATTINA, owned certain premises located at 175 High Farms Road, Glen Head, County of Nassau, State of New York. FOURTH: That at all times hereinafter mentioned defendant, ELIZABETH LAMATTINA, operated certain premises located at 175 High Farms Road, Glen Head, County of Nassau, State of New York. FIFTH: That at all times hereinafter mentioned defendant, ELIZABETH LAMATTINA, maintained certain premises located at 175 High Farms Road, Glen Head, County ofNassau, State of New York. SIXTH: That at all times hereinafter mentioned defendant, ELIZABETH LAMATTINA, managed certain premises located at 175 High Farms Road, Glen Head, County of Nassau, State of New York. SEVENTH: That at all times hereinafter mentioned defendant, ELIZABETH LAMATTINA, controlled certain premises located at 175 High Farms Road, Glen Head, County of Nassau, State of New York. EIGHTH: That on or about the 7" day of August, 2013, at approximately 6:30 P.M., while plaintiff, LYONNEL SAINTUME, was legally working in the attic on the premises located at 175 High Farm Road, Glen Head, New York, said plaintiff was caused to fall through rotted beams thereat. Said incident resulted in plaintiff, LYONNEL SAINTUME, sustaining severe and permanent personal injuries. NINTH: That defendant, ELIZABETH LAMATTINA, their agents, employees and/or servants, improperly, negligently and carelessly constructed, maintained, repaired and inspected the premises, thereat; in causing a dangerous and hazardous condition to exist at said premises; in causing, permitting and allowing the beams to become and remain in a rotted condition and in a general state of disrepair; in failing to provide a safe place for plaintiff to traverse the premises; in failing to post warnings at aforesaid location which was in an unsafe, dangerous and hazardous condition; in failing to take proper and adequate measures and precautions to avoid and/or prevent the happening of the occurrence complained of; in that no barricades, signs or any other warning devices were set up, and/or posted indicating the dangerous condition that existed; in failing to reasonably anticipate that persons lawfully traversing defendant’s premises could sustain physical injuries by reason of the unsafe, dangerous and hazardous condition that existed, all of whichdefendant, had due notice, or by reasonable inspection thereof might and should have had due notice of said condition. TENTH: That said accident and the injuries to plaintiff, LYONNEL SAINTUME, resulting therefrom, were caused solely by the negligence of the defendant, ELIZABETH LAMATTINA, and without any negligence on the part of this plaintiff contributing thereto. ELEVENTH: By reason of the foregoing, plaintiff, LYONNEL SAINTUME, sustained severe and permanent personal injuries and suffered great pain, physical and mental anguish, all to his damage all in an amount exceeding the jurisdictional limit of all lower courts. WHEREFORE: Plaintiff demands judgment against defendant, ELIZABETH LAMATTINA, in an amount exceeding the jurisdictional limits of all lower courts and for the costs and disbursements of this action. Yours, etc. EDELMAN, KRASIN & JAYE, PLLC Attorney for Plaintiff py_Kh {- kane ALLEN J.ROSNER Address & P.O. Address 7001 Brush Hollow Road, Suite 100 Westbury, New York, 11590 (516) 742-9200 File No:EKJ-3959 (Igc)STATE OF NEW YORK _ ) ) SS. COUNTY OF NASSAU ) I, the undersigned, am an attorney admitted to practice in the Courts of New York State, and say that: I am the attorney of record, for plaintiff, LYONNEL SAINTUME, have read the plaintiff's COMPLAINT 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: Books, papers, records in possession. The reason I make this affirmation instead of Plaintiff, is because she resides in a County other that in which affiant maintains an office. 1 affirm that the following statements are true under penalties of perjury. Ke ALLEN J. ROSNER, ESQ. Dated: Carle Place, New York November 6, 2015Index No. Enter Index # Here Year 2015 LYONNEL SAINTUME, Plaintiff(s), - against- ELIZABETH LAMATTINA, Defendant(s). ORIGINAL SUMMONS & COMPLAINT EDELMAN, KRASIN & JAYE, PLLC Attorneys for Plaintiffs 7001 Brush Hollow Road, Suite 100 Westbury, New York 11590 (516) 742-9200 To Signature (Rule 130-1.1-a) Km | Popa Attorney(s) for Enter Party Represented ALLEN J. ROSNER, ESQ. Service of a copy of the within Enter Type of Document is hereby admitted. Dated: Attorney(s) for Please take notice oO NOTICE OF ENTRY that the within is a (certified) true copy of an Order duly entered in the office of the clerk of the within named court on Choose Date. oO NOTICE OF SETTLEMENT that an order of Settlement of which the within is a true copy will be presented for settlement to the HON. Enter name of Judge ‘one of the judges of the within named court at Enter address of courthouse on Choose Date. Dated: November 6, 2015 Yours, etc. EDELMAN, KRASIN & JAYE, PLLC Attorneys for Plaintiff 7001 Brush Hollow Road, Suite 100 Westbury, New York 11590 (516) 742-9200