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NYSCEF DOC. NO.
LEVINE AND WISS, PLLC|
Attomeys at Law
510 Hempstead Tpke
W. Hempstead, NY 11552
(616) 747-3222
1 RECEIVED NYSCEF: 03/12/2015
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF NASSAU Date Purchased:
nn x
MARIA DELGADO, SUMMONS
Plaintiff, Plaintiff designates Nassau
-against- County as the place of trial.
The basis of venue is:
Defendant's place of
NELSON ROJAS, residence.
Defendant. Defendant resides at:
136 Henry Street
Valley Stream, NY 11580
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 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: West Hempstead, New York
March 11, 2015 A
LEVINE AND WISS, PLLC
VY ay
By: Aud vbper
SCOTT L. WISS
Attorneys for Plaintiff
MARIA DELGADO
510 Hempstead Turnpike, Suite 206
West Hempstead, New York 11552
(516) 747-3222
File #: LAW 2335/JLL.Ib
DEFENDANT'S ADDRESS:
NELSON ROJAS
136 Henry Street
Valley Stream, NY 11580
INDEX NO. 601610/2015LEVINE AND WISS, PLLC]
Attorneys at Law
510 Hempstead Tpke
W. Hempstead, NY 11552
(616) 747-3222
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU.
MARIA DELGADO, index No:
Plaintiff,
-against- COMPLAINT
NELSON ROJAS,
Defendant.
Plaintiff, MARIA DELGADO, by her attorneys, LEVINE AND WISS, PLLC, complaining
of the defendants, respectfully alleges, upon information and belief, as follows:
AS AND FOR A FIRST CAUSE OF ACTION ON
BEHALF OF PLAINTIFF MARIA DELGADO
1. That at the time of the commencement of this action, plaintiff MARIA DELGADO
was and still is a resident of the County of Nassau, State of New York.
2. That at all times hereinafter mentioned, defendant NELSON ROJAS was and
still is a resident of the County of Nassau, State of New York.
3. That the cause of action alleged herein arose in the County of Nassau, State
of New York.
4. That this action falls within one or more of the exceptions set forth in CPLR
§1602.
iS: That at all times hereinafter mentioned, defendant NELSON ROJAS owned the
premises located at 136 Henry Street, Valley Stream, County of Nassau, State of New York.
6. On or about February 2, 2015 and at all times hereinafter mentioned, defendant
NELSON ROJAS was the owner of the property located at 136 Henry Street, Valley Stream,
County of Nassau and State of New York.LEVINE AND WISS, PLLC]
Attorneys at Law
510 Hempstead Tpke
W. Hempstead, NY 11552
(516) 747-3222
7. That at all times hereinafter mentioned, defendant NELSON ROJAS operated
the aforesaid premises.
8. That at all times hereinafter mentioned, defendant NELSON ROJAS was
responsible for the maintenance of the aforesaid premises.
9. That at all times hereinafter mentioned, defendant NELSON ROJAS controlled
the aforesaid premises.
10.‘ Thatat all times hereinafter mentioned, defendant NELSON ROJAS managed
the aforesaid premises.
11. That atall times hereinafter mentioned, defendant NELSON ROJAS inspected
the aforesaid premises.
12. That at all times hereinafter mentioned, defendant NELSON ROJAS was
responsible for the repair of the aforesaid premises.
13. That on February 2, 2015, plaintiff MARIA DELGADO was lawfully at the
aforesaid premises.
14. That on February 2, 2015, while plaintiff MARIA DELGADO was lawfully at the
aforesaid premises, she was caused to slip and fall and sustain severe and permanent
injuries.
15. That the defendants, their agents, servants and/or employees were negligent,
reckless and careless in the design, ownership, operation, maintenance, possession, control,
supervision, direction, creation, construction, demolition, repair and management of the
aforesaid staircase and premises.
16. That the aforesaid occurrence was caused wholly and solely by reason of the
negligence of the defendants, without any fault or negligence on the part of the plaintiff,
MARIA DELGADO, contributing thereto.LEVINE AND WISS, PLLC|
Attomeys at Law
510 Hempstead Tpke
W. Hempstead, NY 11552
(618) 747-3222
17. | The above-mentioned occurrence, and the results thereof, were caused by the
negligence of the defendants and/or said defendant's agents, servants, employees,
contractors and/or licensees in the ownership, operation, management, maintenance and
control of the aforesaid staircase and premises.
18. That the defendants, their agents, servants, and/or employees were negligent
and careless; in causing and permitting said steps and premises to be and remain in a
dangerous, defective, unlit, hazardous, dark, unlevel and unsafe condition for an unreasonable
length of time, resulting in a hazard to the public and the plaintiff herein; in negligently and
carelessly permitting the use of said premises by its invitees and/or licensees to create such
a hazardous condition; in not having any handrail in place; and in unreasonably and improperly
not taking affirmative action to exercise a duty of care and remedy same by removing such
hazardous condition, thereby creating a danger to the plaintiff and others and in failing to warn
the plaintiff os the hazardous condition.
19. That by reason of the foregoing culpable conduct and the negligence of said
defendants, plaintiff MARIA DELGADO sustained serious, severe and permanent personal
injuries, still suffers and will continue to suffer, great physical and mental pain and serious
bodily injury, became, sick, sore, lame and disabled and so remained for a considerable length
of time; and plaintiff MARIA DELGADO was otherwise damaged.
20. That plaintiff was caused to sustain and incur medical bills and out-of-pocket
expenses in a sum which exceeds the jurisdictional limitations of all lower courts which would
otherwise have jurisdiction over this action
21. That by reason of the foregoing, plaintiff MARIA DELGADO has been damaged
in an amount which exceeds the jurisdictional limitations of all lower courts which would
otherwise have jurisdiction over this action.LEVINE AND WISS, PLLC
Attorneys at Law
510 Hempstead Tpke
W. Hempstead, NY 11552
(816) 747-3222
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF PLAINTIFF MARIA DELGADO
22. ‘Plaintiff, repeats, reiterates and realleges each and every allegation contained
in paragraphs of the complaint designated “1" through “21" with the same force and effect as
though the same were set forth at length herein.
23. That plaintiff, MARIA DELGADO, has sustained out of pocket expenses for
medical care, treatment, transportation and other expenses.
24. That defendant has failed to process and pay medical bills arising from this
incident.
25. That defendant has wrongfully failed to process and pay medical bills arising
from this incident.
26. That by reason of the foregoing, plaintiff MARIA DELGADO has been damaged
in asum which exceeds the jurisdictional limitations of all lower courts which would otherwise
have jurisdiction over this action.
WHEREFORE, plaintiff demands judgment against the defendants in the above causes
of action in an amount which exceeds the jurisdictional limitations of all lower courts which
would otherwise have jurisdiction over this action, together with the interest, costs and
disbursements.
Dated: West Hempstead, New York
March 11, 2015 /
Yours, etc.,
|
Levi why S, PLLC
By: i wh WY}
SCOTT L. WISS
Attorneys for Plaintiff
MARIA DELGADO
510 Hempstead Turnpike, Suite 206
West Hempstead, New York 11552
(516) 747-3222
File #: LAW 2335/JLL.IbIndex No. Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU.
MARIA DELGADO,
Plaintiff,
-against-
NELSON ROJAS,
Defendants.
SUMMONS AND COMPLAINT
LEVINE AND WISS, PLLC
Attorneys for Plaintiff
Office and Post Office Address, Telephone
510 HEMPSTEAD TURNPIKE, SUITE 206
WEST HEMPSTEAD, NEW YORK 11552
(516) 747-3222
Pursuant to 22 NYCRR 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 on the
annexed document are not frivolous and that we are in compliuhce with the remaining sections thereof and
with Section 22 NYCRR 1200.41-a.
Dated: March 11, 2015 Signature I / [Ay
Print Signer's Nai cont L. Wiss, Esq.
Service of a copy of the within is hereby admitted,
Dated
Attorneys form sms rere oreicanerc eaten
SIR: - PLEASE TAKE NOTICE
oO that the within is a (certified) true copy of a
duly entered in the office of the clerk of the within named court on
NOTICE OF
ENTRY
Oo that an Order of which the within is a true copy will be presented for settlement to the
Hon. one of the judges of the within named court, at
NOTICE OF
SETTLEMENT on at AM.
Dated: Yours, etc.,
LEVINE AND WISS, PLLC
Attorneys for Plaintiff
Office and Post Office Address, Telephone
510 HEMPSTEAD TURNPIKE, SUITE 206
WEST HEMPSTEAD, NEW YORK 11552
(516) 747-3222
Preview
NYSCEF DOC. NO. LEVINE AND WISS, PLLC| Attomeys at Law 510 Hempstead Tpke W. Hempstead, NY 11552 (616) 747-3222 1 RECEIVED NYSCEF: 03/12/2015 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NASSAU Date Purchased: nn x MARIA DELGADO, SUMMONS Plaintiff, Plaintiff designates Nassau -against- County as the place of trial. The basis of venue is: Defendant's place of NELSON ROJAS, residence. Defendant. Defendant resides at: 136 Henry Street Valley Stream, NY 11580 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 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: West Hempstead, New York March 11, 2015 A LEVINE AND WISS, PLLC VY ay By: Aud vbper SCOTT L. WISS Attorneys for Plaintiff MARIA DELGADO 510 Hempstead Turnpike, Suite 206 West Hempstead, New York 11552 (516) 747-3222 File #: LAW 2335/JLL.Ib DEFENDANT'S ADDRESS: NELSON ROJAS 136 Henry Street Valley Stream, NY 11580 INDEX NO. 601610/2015LEVINE AND WISS, PLLC] Attorneys at Law 510 Hempstead Tpke W. Hempstead, NY 11552 (616) 747-3222 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU. MARIA DELGADO, index No: Plaintiff, -against- COMPLAINT NELSON ROJAS, Defendant. Plaintiff, MARIA DELGADO, by her attorneys, LEVINE AND WISS, PLLC, complaining of the defendants, respectfully alleges, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF MARIA DELGADO 1. That at the time of the commencement of this action, plaintiff MARIA DELGADO was and still is a resident of the County of Nassau, State of New York. 2. That at all times hereinafter mentioned, defendant NELSON ROJAS was and still is a resident of the County of Nassau, State of New York. 3. That the cause of action alleged herein arose in the County of Nassau, State of New York. 4. That this action falls within one or more of the exceptions set forth in CPLR §1602. iS: That at all times hereinafter mentioned, defendant NELSON ROJAS owned the premises located at 136 Henry Street, Valley Stream, County of Nassau, State of New York. 6. On or about February 2, 2015 and at all times hereinafter mentioned, defendant NELSON ROJAS was the owner of the property located at 136 Henry Street, Valley Stream, County of Nassau and State of New York.LEVINE AND WISS, PLLC] Attorneys at Law 510 Hempstead Tpke W. Hempstead, NY 11552 (516) 747-3222 7. That at all times hereinafter mentioned, defendant NELSON ROJAS operated the aforesaid premises. 8. That at all times hereinafter mentioned, defendant NELSON ROJAS was responsible for the maintenance of the aforesaid premises. 9. That at all times hereinafter mentioned, defendant NELSON ROJAS controlled the aforesaid premises. 10.‘ Thatat all times hereinafter mentioned, defendant NELSON ROJAS managed the aforesaid premises. 11. That atall times hereinafter mentioned, defendant NELSON ROJAS inspected the aforesaid premises. 12. That at all times hereinafter mentioned, defendant NELSON ROJAS was responsible for the repair of the aforesaid premises. 13. That on February 2, 2015, plaintiff MARIA DELGADO was lawfully at the aforesaid premises. 14. That on February 2, 2015, while plaintiff MARIA DELGADO was lawfully at the aforesaid premises, she was caused to slip and fall and sustain severe and permanent injuries. 15. That the defendants, their agents, servants and/or employees were negligent, reckless and careless in the design, ownership, operation, maintenance, possession, control, supervision, direction, creation, construction, demolition, repair and management of the aforesaid staircase and premises. 16. That the aforesaid occurrence was caused wholly and solely by reason of the negligence of the defendants, without any fault or negligence on the part of the plaintiff, MARIA DELGADO, contributing thereto.LEVINE AND WISS, PLLC| Attomeys at Law 510 Hempstead Tpke W. Hempstead, NY 11552 (618) 747-3222 17. | The above-mentioned occurrence, and the results thereof, were caused by the negligence of the defendants and/or said defendant's agents, servants, employees, contractors and/or licensees in the ownership, operation, management, maintenance and control of the aforesaid staircase and premises. 18. That the defendants, their agents, servants, and/or employees were negligent and careless; in causing and permitting said steps and premises to be and remain in a dangerous, defective, unlit, hazardous, dark, unlevel and unsafe condition for an unreasonable length of time, resulting in a hazard to the public and the plaintiff herein; in negligently and carelessly permitting the use of said premises by its invitees and/or licensees to create such a hazardous condition; in not having any handrail in place; and in unreasonably and improperly not taking affirmative action to exercise a duty of care and remedy same by removing such hazardous condition, thereby creating a danger to the plaintiff and others and in failing to warn the plaintiff os the hazardous condition. 19. That by reason of the foregoing culpable conduct and the negligence of said defendants, plaintiff MARIA DELGADO sustained serious, severe and permanent personal injuries, still suffers and will continue to suffer, great physical and mental pain and serious bodily injury, became, sick, sore, lame and disabled and so remained for a considerable length of time; and plaintiff MARIA DELGADO was otherwise damaged. 20. That plaintiff was caused to sustain and incur medical bills and out-of-pocket expenses in a sum which exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction over this action 21. That by reason of the foregoing, plaintiff MARIA DELGADO has been damaged in an amount which exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction over this action.LEVINE AND WISS, PLLC Attorneys at Law 510 Hempstead Tpke W. Hempstead, NY 11552 (816) 747-3222 AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF MARIA DELGADO 22. ‘Plaintiff, repeats, reiterates and realleges each and every allegation contained in paragraphs of the complaint designated “1" through “21" with the same force and effect as though the same were set forth at length herein. 23. That plaintiff, MARIA DELGADO, has sustained out of pocket expenses for medical care, treatment, transportation and other expenses. 24. That defendant has failed to process and pay medical bills arising from this incident. 25. That defendant has wrongfully failed to process and pay medical bills arising from this incident. 26. That by reason of the foregoing, plaintiff MARIA DELGADO has been damaged in asum which exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction over this action. WHEREFORE, plaintiff demands judgment against the defendants in the above causes of action in an amount which exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction over this action, together with the interest, costs and disbursements. Dated: West Hempstead, New York March 11, 2015 / Yours, etc., | Levi why S, PLLC By: i wh WY} SCOTT L. WISS Attorneys for Plaintiff MARIA DELGADO 510 Hempstead Turnpike, Suite 206 West Hempstead, New York 11552 (516) 747-3222 File #: LAW 2335/JLL.IbIndex No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU. MARIA DELGADO, Plaintiff, -against- NELSON ROJAS, Defendants. SUMMONS AND COMPLAINT LEVINE AND WISS, PLLC Attorneys for Plaintiff Office and Post Office Address, Telephone 510 HEMPSTEAD TURNPIKE, SUITE 206 WEST HEMPSTEAD, NEW YORK 11552 (516) 747-3222 Pursuant to 22 NYCRR 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 on the annexed document are not frivolous and that we are in compliuhce with the remaining sections thereof and with Section 22 NYCRR 1200.41-a. Dated: March 11, 2015 Signature I / [Ay Print Signer's Nai cont L. Wiss, Esq. Service of a copy of the within is hereby admitted, Dated Attorneys form sms rere oreicanerc eaten SIR: - PLEASE TAKE NOTICE oO that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on NOTICE OF ENTRY Oo that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named court, at NOTICE OF SETTLEMENT on at AM. Dated: Yours, etc., LEVINE AND WISS, PLLC Attorneys for Plaintiff Office and Post Office Address, Telephone 510 HEMPSTEAD TURNPIKE, SUITE 206 WEST HEMPSTEAD, NEW YORK 11552 (516) 747-3222