Preview
FILED: ERIE COUNTY CLERK 06/14/2016 01:24 PM INDEX NO. 804976/2014
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/14/2016
v. AMENDED COMPLAINT
PS PARTNERSV, LIMIEq lndex No.:80497612014
FERMNDINO & SONS, INC.
MATTHEW BOROWEC D/B/A MATT
LANDSCAPING
Defendants.
t*tl**+***t*tri*l**tt*t*t****lttaa***llt*tat*tr**lt**tatattail*+ilta
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t Plaintiff, abov+.named, by her
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attorneys, cELLlNo & BARNES, P;c.; for
her complaint against defendants, above-named, allege uppn information and beliet
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1. At all times herein relevantiplaintiff DIANNE M. HARRIGAN has
been a resident of the County of Erie and State oi New York.
2... That at all times hereinafter relevant, defendant, PS PARTNERS V,
LIMITED, was a foreign limited partnership conductirig business in New York State.
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3. That at all times herein relevant, defendant, PS PARTNERS V'
.
LIMITED, transacted business with the State of New York and/or contracted anywhere
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to supply goods or services in the State of Now York.
' 4. That ai all times herein relevant, defendant, PS PARTNERS V,
LIMITED, commifted a tortious act with the Stale of New York.
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5. That at all times herein rel6vant' defendant, PS PARTNERS V,
LIMITED, committed a tortious act without the state of New York causing injury to
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person or property within the State of New York. '
6. THt at all tim$ heein relevant,
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de.tendant, Ps FA'F.TNERS V,
LIMITED, committed a tortious act without ttri istate of New York causing injury to
7. That by virtue of the allegations above, defendant, PS PARTNERS
V, LIMITED, is subiecl to the laws of the State of New York pursuant to CPLR 302.
:
8. That at all times hereinafter.relevant, defendant, FERRANDINO &
SONq lNC., was a domestic business corporation conducting business in New York
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State.
L That at all times herqinafrertrelevant, def€ndant, FERMNDINO &
SONS, lNC., transacted business with the State of New Yoqk and/or contracted
.
anyrvhere to supply goods or services inlhe Statd of Nelr York.
: 10. . That at all times herein relevant, defendant, FERRANDINO &
I
SONS, lNC.; commifted a lortious act with the State of New York,
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11. That at all times herein relevant, defbndant, FERRANDINO &
SONS, lNC., committed a tortious act without the State of New York causing injury to
person or property within the State of New York. l
12. That at all times heroin rblevant, detendant, FERRANDINo &
SONS, lNC,, orns, uses or possesses any re3l property situated wlth the State of New
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York.
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13, That by virtue
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of the allegations above, defendant, FERMNDINO
& SONS, lNC., is subjectto the laws oJ the State of New York pursuant to CPI-R 302.
14. That at all ,times hereinafter relevant, defendant, MATTHEII/
BOROWEC D/B/A MATT BOROWIEC LANDSCAPING, was an individual doing
i
business as Matt Borowiec Landscaping in New Ycrk State.
15. ThaJ at all times herelna$er relbvant, defendant, MATTHEW
BOR'oW|EC D/B/A tlrATT BOROWIEC LANDSCAPING, transacted business with the
:
Slate of New York and/or contracted an),where td supply goods or services in tha State
16. That at all times hereinaftel relevant, defendant, MATTHE\A/
BOROWEC D/B/A MATT BOROWEC LANDSCAPING, committed a tortious act with
the State of New York.
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' 17. That at all times hereindfter relevairt, defendant,, MATTHBA,
l
BOROWIEC D/B/A MATT BOROWIEC LANDSCAPING, cohmitted a tortious act
without the State of New York causing injury io person or prop€rty within the State of
:i '
NerrrlYork. l
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18. That at all times hereinafter relevant, defendant, MATTFIEW
BOROWEC D/B/A MATT BOROI /lEC I-ANDSCAPING, owns, uses or possesses any
real property situated with the State of New YorkJ
19. 'That by virtue of the allegations above, defendant, MATTHEW
BoRoWEc D/B/A MATT BoRoWic I-ANDSbAPING, is subject to the laws of the
State of New York pursuantlo CPLR 302.
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. 20. Upon information and belief and at all times hereinafter referenced,
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Defendant PS PARTNEBS V, LIMITED is the owner in contfol and responsible of a
certain property located at 2855 Niagara Falls Boylevatd, Amherst, Na,i:York 14228.
21, Upon information and belief and at all times hereinafter referenced,
Defendant PS PARTNERS V, LIMITED had a dirty to maintain properly lhe structure,
surrounding sidewalks,and.parking lots at 2855 f.iiagara Falls Boulevard, Amherst, New
York-14?28.
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22. At all times herein relevant defendant FERRANDINO & SONS,
t
lNC.., contracted with the owner of 2855 Niagara Falls Boulevard, Amherst, New York or
'
|, other parties to provide snowplowing, snow rimoval and de-icing services at the
,
property and premises at 2855 Niagara Falls Boulevard;
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23. At all times herein relevant defendant MATTHEII/ BOROWEC
;
i, D/B/A MATT BOROWEC LANDSCAPING, contLcted with the owner of 2855 Niagara
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Falls Boulevard, Amherst, New York or other parties to provide snowplowing, .norn
removal ,and de-icing services at the propertyiand premises.at 2855 Niagara Falls
Boulevard.
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24. At all{imes herein rclevant. it was the duty of the defendants to
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28. Plaintiff DIANNE M. HARRIGAN, was at all times heie and after
referenced using due care.
27.
' As a rcsult of the
;
negligence of the defendants, Plaintiff DIANNE M.
HARRIGAN was caused to slip and fall in the parking lot of 2855 Niagara Falls
i
Boulevard, Amherst, New York '14228 on or abodt Decembet 27 ,2013.
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28. As a resutt of the negligence bf the defendants, Plaintiff DIANNE M.
I
HARRIGAN sustained injuries.
29. Plaintiff DIANNE M. I'{ARRIGAN's injuries and damages refened to
herein were caused solely by defendants' n€gligenc€ by permitting a dangerous condition
i
within said premises, .namely failing to keep the property in a safq condition, which the
defendahb knew, or should have known, existed and continued to exist within said
premises and/or by failing to warn plaintifi DIANNE M. HARRIGAN of said dangerous
condition.
30. The aforementioned incident occurred salely , 6s a resull of
31. As a ibsult of tre negligence of the defendants, as alleged above,
plaintiff DIANNE M. HARRIGAN was injured and has suffered damages in an amount
:all
which exceeds the monetary jurisdictional limits of lorver New york State Courts.
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WHEREFORE, Plaintiff demands judgment against Defendants, jointly
and severally, in an amount which exceeds the rironetary lurisdictional limits of all lower
New York State. Courts and Plaintiff demands such other, furttrer and {ifferent relief as
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DATED: Buffalo, New York
May 16,2016
Denjs J. Bastible, Esq.
Attoyneys for Plaintiff
2500 Main Place Tower
350 Main Street
. Buffalo, NY 14202-3725
(716) 888-8888
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FILED: ERIE COUNTY CLERK 06/14/2016 01:24 PM INDEX NO. 804976/2014 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/14/2016 v. AMENDED COMPLAINT PS PARTNERSV, LIMIEq lndex No.:80497612014 FERMNDINO & SONS, INC. MATTHEW BOROWEC D/B/A MATT LANDSCAPING Defendants. t*tl**+***t*tri*l**tt*t*t****lttaa***llt*tat*tr**lt**tatattail*+ilta : t Plaintiff, abov+.named, by her i attorneys, cELLlNo & BARNES, P;c.; for her complaint against defendants, above-named, allege uppn information and beliet ,l 1. At all times herein relevantiplaintiff DIANNE M. HARRIGAN has been a resident of the County of Erie and State oi New York. 2... That at all times hereinafter relevant, defendant, PS PARTNERS V, LIMITED, was a foreign limited partnership conductirig business in New York State. :-.rrr-:J# 3. That at all times herein relevant, defendant, PS PARTNERS V' . LIMITED, transacted business with the State of New York and/or contracted anywhere ' to supply goods or services in the State of Now York. ' 4. That ai all times herein relevant, defendant, PS PARTNERS V, LIMITED, commifted a tortious act with the Stale of New York. 5of10 1 of 6 i , 5. That at all times herein rel6vant' defendant, PS PARTNERS V, LIMITED, committed a tortious act without the state of New York causing injury to i I person or property within the State of New York. ' 6. THt at all tim$ heein relevant, I de.tendant, Ps FA'F.TNERS V, LIMITED, committed a tortious act without ttri istate of New York causing injury to 7. That by virtue of the allegations above, defendant, PS PARTNERS V, LIMITED, is subiecl to the laws of the State of New York pursuant to CPLR 302. : 8. That at all times hereinafter.relevant, defendant, FERRANDINO & SONq lNC., was a domestic business corporation conducting business in New York I State. L That at all times herqinafrertrelevant, def€ndant, FERMNDINO & SONS, lNC., transacted business with the State of New Yoqk and/or contracted . anyrvhere to supply goods or services inlhe Statd of Nelr York. : 10. . That at all times herein relevant, defendant, FERRANDINO & I SONS, lNC.; commifted a lortious act with the State of New York, -----"5--.-s..- 11. That at all times herein relevant, defbndant, FERRANDINO & SONS, lNC., committed a tortious act without the State of New York causing injury to person or property within the State of New York. l 12. That at all times heroin rblevant, detendant, FERRANDINo & SONS, lNC,, orns, uses or possesses any re3l property situated wlth the State of New ,I York. I or io 2 of 6 |r,i'iir..[:. .,y-. . ,n- o'.1r "* ,; I 13, That by virtue ,i of the allegations above, defendant, FERMNDINO & SONS, lNC., is subjectto the laws oJ the State of New York pursuant to CPI-R 302. 14. That at all ,times hereinafter relevant, defendant, MATTHEII/ BOROWEC D/B/A MATT BOROWIEC LANDSCAPING, was an individual doing i business as Matt Borowiec Landscaping in New Ycrk State. 15. ThaJ at all times herelna$er relbvant, defendant, MATTHEW BOR'oW|EC D/B/A tlrATT BOROWIEC LANDSCAPING, transacted business with the : Slate of New York and/or contracted an),where td supply goods or services in tha State 16. That at all times hereinaftel relevant, defendant, MATTHE\A/ BOROWEC D/B/A MATT BOROWEC LANDSCAPING, committed a tortious act with the State of New York. . i ' 17. That at all times hereindfter relevairt, defendant,, MATTHBA, l BOROWIEC D/B/A MATT BOROWIEC LANDSCAPING, cohmitted a tortious act without the State of New York causing injury io person or prop€rty within the State of :i ' NerrrlYork. l ;-..- -. _ 18. That at all times hereinafter relevant, defendant, MATTFIEW BOROWEC D/B/A MATT BOROI /lEC I-ANDSCAPING, owns, uses or possesses any real property situated with the State of New YorkJ 19. 'That by virtue of the allegations above, defendant, MATTHEW BoRoWEc D/B/A MATT BoRoWic I-ANDSbAPING, is subject to the laws of the State of New York pursuantlo CPLR 302. 3 'I of lo 3 of 6 I I .*.q";'r'.' . 20. Upon information and belief and at all times hereinafter referenced, i Defendant PS PARTNEBS V, LIMITED is the owner in contfol and responsible of a certain property located at 2855 Niagara Falls Boylevatd, Amherst, Na,i:York 14228. 21, Upon information and belief and at all times hereinafter referenced, Defendant PS PARTNERS V, LIMITED had a dirty to maintain properly lhe structure, surrounding sidewalks,and.parking lots at 2855 f.iiagara Falls Boulevard, Amherst, New York-14?28. I 22. At all times herein relevant defendant FERRANDINO & SONS, t lNC.., contracted with the owner of 2855 Niagara Falls Boulevard, Amherst, New York or ' |, other parties to provide snowplowing, snow rimoval and de-icing services at the , property and premises at 2855 Niagara Falls Boulevard; ,l i.' 23. At all times herein relevant defendant MATTHEII/ BOROWEC ; i, D/B/A MATT BOROWEC LANDSCAPING, contLcted with the owner of 2855 Niagara ,'l Falls Boulevard, Amherst, New York or other parties to provide snowplowing, .norn removal ,and de-icing services at the propertyiand premises.at 2855 Niagara Falls Boulevard. ..^ -. ,, --J- 24. At all{imes herein rclevant. it was the duty of the defendants to 4 e bt r.o 4 of 6 ,fqrc;e,f I 28. Plaintiff DIANNE M. HARRIGAN, was at all times heie and after referenced using due care. 27. ' As a rcsult of the ; negligence of the defendants, Plaintiff DIANNE M. HARRIGAN was caused to slip and fall in the parking lot of 2855 Niagara Falls i Boulevard, Amherst, New York '14228 on or abodt Decembet 27 ,2013. ,I 28. As a resutt of the negligence bf the defendants, Plaintiff DIANNE M. I HARRIGAN sustained injuries. 29. Plaintiff DIANNE M. I'{ARRIGAN's injuries and damages refened to herein were caused solely by defendants' n€gligenc€ by permitting a dangerous condition i within said premises, .namely failing to keep the property in a safq condition, which the defendahb knew, or should have known, existed and continued to exist within said premises and/or by failing to warn plaintifi DIANNE M. HARRIGAN of said dangerous condition. 30. The aforementioned incident occurred salely , 6s a resull of 31. As a ibsult of tre negligence of the defendants, as alleged above, plaintiff DIANNE M. HARRIGAN was injured and has suffered damages in an amount :all which exceeds the monetary jurisdictional limits of lorver New york State Courts. rl WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in an amount which exceeds the rironetary lurisdictional limits of all lower New York State. Courts and Plaintiff demands such other, furttrer and {ifferent relief as 5 9 of 10 5 of 6 +'qfai"ltf DATED: Buffalo, New York May 16,2016 Denjs J. Bastible, Esq. Attoyneys for Plaintiff 2500 Main Place Tower 350 Main Street . Buffalo, NY 14202-3725 (716) 888-8888 ,l I I l 10 of 10 6 of 6