Preview
INDEX NO. 507380/2014
(FILED: KINGS COUNTY CLERK 0871272014 04:16 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.:
erence Heenneee nnn en nn nnn nn ennnnnnnn eee nnnnmnnnnnnnnnnn X
SOPHIA LOPEZ, by her mother and natural guardian EILEEN LOPEZ SUMMONS
and EILEEN LOPEZ, individually,
Date of Purchase
Plaintiff(s),
~against- Plaintiffs designate Kings
County as the place of trial.
AN JU LE YE LLC,
Defendant(s). The basis of venue is the
Plaintiffs’ residence
Plaintiffs reside at
850 68" Street, Apt 2R
in the County of Kings and
State of New York
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 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.
a
Christopher S. Cardillo, Esq.
CARDILLO & KEYSER, P.C.
Attorneys for Plaintiff(s}
217 Broadway, Suite 505
New York, New York 10007
Telephone: (212) 227-3930
Email: ccardillo@ckattorneys.com
Dated: New York, New York
August 7, 2014
AN JU LE YE LLC
850 68" Street
Brooklyn, New York 11220SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
warner ence enn te nee nee renee nnn neennmene nee neem Xx
SOPHIA LOPEZ, by her mother and natural guardian EILEEN LOPEZ Index No.:
and EILEEN LOPEZ, Individually,
VERIFIED COMPLAINT
Plaintiff(s),
-against-
AN JU LE YE LLC,
Defendant(s).
eee cene cence ramen nn nnn nn nena nner nnnnnennnenn anna ne nme nn enn Xx
Plaintiffs, by their attorneys, CARDILLO & KEYSER, P.C., as and for their Verified
Complaint, upon information and belief, allege the following:
AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF
OF THE INFANT PLAINTIFF SOPHIA LOPEZ
1. At all times hereinafter mentioned, the Plaintiffs, were and still are residents of Kings
County and State of New York.
2. That this action falls within one or more of the exemptions set forth in CPLR Sect.
1602.
3. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC’s principle place of
business is in the County of New York and State of New York.
4. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, was a domestic
corporation duly licensed to do business under the laws of the State of New York.
5. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, was a foreign
corporation duly licensed to do business under the laws of the State of New York.
6. At ail times hereinafter mentioned, the Defendant, AN JU LE YE LLC, was a partnership
authorized to do business in the State of New York.7. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, was a franchisee
authorized to do business in the State of New York.
8. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, transacted business
within the State of New York; regularly did or solicited business within the State of New York or
engaged in other persistent courses, conduct and/or derived substantial revenue from goods
used or consumed or services rendered in the State of New York and expected or should have
reasonably expected its acts to have consequences within the State of New York and/or derived
substantial revenue from interstate or international commerce.
9. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, was the owner of a
certain premises located at 850 68" Street, in the County of Kings and State of New York.
10. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, was the lessor of a
certain premises located at 850 68" Street, in the County of Kings and State of New York.
11. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, was the lessee of a
certain premises located at 850 68t* Street, in the County of Kings and State of New York.
12. Atall times hereinafter mentioned, the Defendant, AN JU LE YE LLC, through its agents,
servants and/or employees operated a certain premises located at 850 68t Street, in the
County of Kings and State of New York.
13. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, through its agents,
servants and/or employees managed a certain premises located at 850 68" Street, in the
County of Kings and State of New York.
14. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, through its agents,
servants and/or employees maintained a certain premises located at 350 68 Street, in the
County of Kings and State of New York.15. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, through its agents,
servants and/or employees controlled a certain premises located at 850 68" Street, in the
County of Kings and State of New York.
16. Upon information and belief, at all times hereinafter mentioned, Defendant, AN JU LE YE
LLC, inspected the premises located at 850 68" Street, in the County of Kings and State of New
York.
17. That upon information and belief, the Defendant, AN JU LE YE LLC, was responsible for
the maintenance of the premises located at 850 68" Street, in the County of Kings and State of
New York.
18. That, the Defendant, AN JU LE YE LLC, was at all times under a duty to give the Plaintiff a
reasonably safe passageway and a reasonably safe place to walk upon.
19. That upon information and belief, the Defendant, AN JU LE YE LLC, had the obligation to
repair the premises, located at 850 68* Street, in the County of Kings and State of New York.
20. That at all times hereinafter mentioned, it was the duty of the Defendant AN JU LE YE
LLC, to properly maintain and keep in good repair the aforesaid premises so that it was ina
proper and safe condition for the tenants, invitees, permittees, and other persons lawfully upon
said premises.
21. That at all times hereinafter mentioned, it was the duty of the AN JU LE YE LLC, to
Properly maintain, the steps, stairs and stairways at the aforesaid premises so that same would
be in proper and safe condition for the tenants, invitees, permittees, and other persons lawfully
upon said premises.
22. That on or about September 28, 2011, Plaintiff, SOPHIA LOPEZ, while lawfully traversing
on the aforesaid premises located at 850 68" Street, in the County of Kings and State of NewYork, and in particular on the interior stairway, stairs and steps of said premises, was caused to
slip, trip and fall due to the defective and dangerous condition of the aforesaid stairway, stairs
and steps, thereby sustaining serious and severe personal injuries.
23. That for a long period of time prior to September 28, 2011, in derogation of its duties,
the Defendant, caused, permitted and allowed defective and dangerous conditions to exist at
the stairway, stairs and steps at the aforesaid premises.
24. That, upon information and belief, the Defendant, had knowledge of the unsafe,
defective and dangerous conditions of the said stairway, stairs and steps, or that same had
existed for such a long period of time that Defendant should have discovered and known of
same, in time to have made the aforesaid stairway, stairs and steps safe before the occurrence
of the accident alleged herein.
25. — That the Defendant was negligent in the ownership, operation, management,
maintenance, care, custody and control of the aforesaid premises in that the Defendant
maintained the aforesaid premises in a dangerous and defective condition; in that the
Defendant allowed the stairway, stairs and steps thereat to be and to remain ina dangerous
and defective condition; in allowing the stairway, stairs, and steps of the stairway to constitute
a slipping and tripping hazard to persons on said stairway, stairs and steps; in that the
Defendant allowed the aforesaid dangerous conditions to continue and exist after due notice
and knowledge thereof; in failing to warn persons at said premises of the dangerous and
defective conditions; in failing to remove and correct the aforesaid dangerous and defective
conditions; and in failing to give Plaintiff a safe passageway through the premises, all to the
detriment and injury of the Plaintiff,26. That the injuries and damages sustained by the Plaintiff was caused solely by the
negligence, carelessness, and recklessness of the Defendant without any negligence on the part
of the Plaintiff, contributing thereto.
27. That by reason of the aforesaid negligence of the Defendant, Plaintiff has sustained
permanent injuries, has been caused to suffer permanent and continuous pain and suffering,
inconvenience, loss of earnings and future earning potential, inability to perform her usual and
customary daily activities and loss of enjoyment of life; has been compelled to submit to
medical care and treatment and to be or become obligated to pay therefore in endeavoring to
become cured of her injuries; has been confined to a hospital, home and bed for substantial
periods of time, thereby preventing her from attending to her usual vocation and duties.
28. That solely by reason of the aforesaid, this Plaintiff sustained personal injuries to and
about her head, limbs, spine and body.
29. That solely by reason of the aforesaid, this Plaintiff became sick, sore, lame and
disabled, suffered, and still suffers and will continue to suffer for some time to come, great
mental and physical pain, mental anguish and bodily injuries; that Plaintiff has been informed
and verily believes that future suffering will exist and will be permanent with permanent pain,
discomfort, inconvenience and other symptoms, signs and effects.
30. That solely by reason of the aforesaid, this Plaintiff SOPHIA LOPEZ was obliged to
undergo medical care and treatment and will be obliged to undergo further care and treatment
for some time to come.
31. That solely by reason of the aforesaid, this Plaintiff was unable to attend to said
Plaintiff's usual duties and occupation for some time; upon information and belief said Plaintiff
will be unable to do so or limited from doing so permanently or for some time in the future.32. That by reason of the foregoing negligence on the part of the Defendant, the Plaintiff,
SOPHIA LOPEZ has been damaged in a sum which exceeds the jurisdictional limit of all lower
Courts which would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF
ACTION ON BEHALF OF EILEEN LOPEZ
33. That at all times hereinafter mentioned, Plaintiff, EILEEN LOPEZ, reiterates and
realleges each and every allegation contained in the paragraphs numbered “1" through “32"of
this Complaint herein, as though more fully set forth herein at length.
34. That at all times hereinafter mentioned, Plaintiff, EILEEN LOPEZ, was the lawful mother
and natural guardian of infant-Plaintiff, and as such said Plaintiff was entitled to the society and
services of said infant-Plaintiff.
35. By reason of the aforementioned negligence of the Defendant s, the Plaintiff EILEEN
LOPEZ, was deprived of the society and services of the infant-Plaintiff and shall forever be
deprived of said society and services.
36. As a result of the herein above, Plaintiff, EILEEN LOPEZ, has expended diverse sums of
money in payment of the expenses incurred for medical care, treatment and hospitalization for
the infant-Plaintiff.
37. That by reason of the foregoing negligence on the part of the Defendant s, the Plaintiff,
EILEEN LOPEZ, has been damaged in a sum which exceeds the jurisdictional limit of all lower
Courts which would otherwise have jurisdiction.
WHEREFORE, Plaintiffs demand judgment for the first and second causes of action
against the Defendant in an amount that exceeds the monetary and jurisdictional limits of all
courts lower than the Supreme Court, together with interest and the costs and disbursements
of this action.Dated: New York, New York
August 7, 2014
Christopher S. Cardillo, ee
CARDILLO & KEYSER, P.C,
Attorneys for Plaintiff(s)
217 Broadway, Suite 505
New York, New York 10007
Telephone: (212) 227-3930
Email: ccardiilo@ckattorneys.comVERIFICATION
STATE OF NEW YORK }:
55.t
COUNTY OF NEW YORK }
E ilcen lopez, being duly sworn, deposes and says:
That the deponent is the Piaintiff in the within action; that the deponent has read the
foregoing Verified Cc om pla nt and knows the contents thereof; that the same is
true to deponents own knowledge, except as to the matters therein stated to be alleged upon
information and belief, and that as to those matters, deponent believes to be true.
Sworn to before me this
ZT day of December, 2013
Noi
JAMES ARGENZIANO
NOTARY PUBLIC, State of Naw York
No. 01AR4813753 fs
Qualified in Richmond County ae ie
Commission Expires on October 12,250.Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
tt
SOPHIA LOPEZ, by her mother and natural guardian EILEEN LOPEZ
And EILEEN LOPEZ Individually,
Plaintiff(s)
-against-
AN JU LE YE LLC
Defendant(s}
SUMMONS AND VERIFIED COMPLAINT
CARDILLO & KEYSER, P.C.
Attorneys for the Plaintiff(s)
217 Broadway, Suite 505
New York, New York 10007
T. 212-227-3930
F. 347-438-3015
E-mail: ccardillo@ckattorneys.com
Preview
INDEX NO. 507380/2014 (FILED: KINGS COUNTY CLERK 0871272014 04:16 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: erence Heenneee nnn en nn nnn nn ennnnnnnn eee nnnnmnnnnnnnnnnn X SOPHIA LOPEZ, by her mother and natural guardian EILEEN LOPEZ SUMMONS and EILEEN LOPEZ, individually, Date of Purchase Plaintiff(s), ~against- Plaintiffs designate Kings County as the place of trial. AN JU LE YE LLC, Defendant(s). The basis of venue is the Plaintiffs’ residence Plaintiffs reside at 850 68" Street, Apt 2R in the County of Kings and State of New York 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 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. a Christopher S. Cardillo, Esq. CARDILLO & KEYSER, P.C. Attorneys for Plaintiff(s} 217 Broadway, Suite 505 New York, New York 10007 Telephone: (212) 227-3930 Email: ccardillo@ckattorneys.com Dated: New York, New York August 7, 2014 AN JU LE YE LLC 850 68" Street Brooklyn, New York 11220SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS warner ence enn te nee nee renee nnn neennmene nee neem Xx SOPHIA LOPEZ, by her mother and natural guardian EILEEN LOPEZ Index No.: and EILEEN LOPEZ, Individually, VERIFIED COMPLAINT Plaintiff(s), -against- AN JU LE YE LLC, Defendant(s). eee cene cence ramen nn nnn nn nena nner nnnnnennnenn anna ne nme nn enn Xx Plaintiffs, by their attorneys, CARDILLO & KEYSER, P.C., as and for their Verified Complaint, upon information and belief, allege the following: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF THE INFANT PLAINTIFF SOPHIA LOPEZ 1. At all times hereinafter mentioned, the Plaintiffs, were and still are residents of Kings County and State of New York. 2. That this action falls within one or more of the exemptions set forth in CPLR Sect. 1602. 3. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC’s principle place of business is in the County of New York and State of New York. 4. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, was a domestic corporation duly licensed to do business under the laws of the State of New York. 5. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, was a foreign corporation duly licensed to do business under the laws of the State of New York. 6. At ail times hereinafter mentioned, the Defendant, AN JU LE YE LLC, was a partnership authorized to do business in the State of New York.7. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, was a franchisee authorized to do business in the State of New York. 8. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, transacted business within the State of New York; regularly did or solicited business within the State of New York or engaged in other persistent courses, conduct and/or derived substantial revenue from goods used or consumed or services rendered in the State of New York and expected or should have reasonably expected its acts to have consequences within the State of New York and/or derived substantial revenue from interstate or international commerce. 9. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, was the owner of a certain premises located at 850 68" Street, in the County of Kings and State of New York. 10. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, was the lessor of a certain premises located at 850 68" Street, in the County of Kings and State of New York. 11. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, was the lessee of a certain premises located at 850 68t* Street, in the County of Kings and State of New York. 12. Atall times hereinafter mentioned, the Defendant, AN JU LE YE LLC, through its agents, servants and/or employees operated a certain premises located at 850 68t Street, in the County of Kings and State of New York. 13. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, through its agents, servants and/or employees managed a certain premises located at 850 68" Street, in the County of Kings and State of New York. 14. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, through its agents, servants and/or employees maintained a certain premises located at 350 68 Street, in the County of Kings and State of New York.15. At all times hereinafter mentioned, the Defendant, AN JU LE YE LLC, through its agents, servants and/or employees controlled a certain premises located at 850 68" Street, in the County of Kings and State of New York. 16. Upon information and belief, at all times hereinafter mentioned, Defendant, AN JU LE YE LLC, inspected the premises located at 850 68" Street, in the County of Kings and State of New York. 17. That upon information and belief, the Defendant, AN JU LE YE LLC, was responsible for the maintenance of the premises located at 850 68" Street, in the County of Kings and State of New York. 18. That, the Defendant, AN JU LE YE LLC, was at all times under a duty to give the Plaintiff a reasonably safe passageway and a reasonably safe place to walk upon. 19. That upon information and belief, the Defendant, AN JU LE YE LLC, had the obligation to repair the premises, located at 850 68* Street, in the County of Kings and State of New York. 20. That at all times hereinafter mentioned, it was the duty of the Defendant AN JU LE YE LLC, to properly maintain and keep in good repair the aforesaid premises so that it was ina proper and safe condition for the tenants, invitees, permittees, and other persons lawfully upon said premises. 21. That at all times hereinafter mentioned, it was the duty of the AN JU LE YE LLC, to Properly maintain, the steps, stairs and stairways at the aforesaid premises so that same would be in proper and safe condition for the tenants, invitees, permittees, and other persons lawfully upon said premises. 22. That on or about September 28, 2011, Plaintiff, SOPHIA LOPEZ, while lawfully traversing on the aforesaid premises located at 850 68" Street, in the County of Kings and State of NewYork, and in particular on the interior stairway, stairs and steps of said premises, was caused to slip, trip and fall due to the defective and dangerous condition of the aforesaid stairway, stairs and steps, thereby sustaining serious and severe personal injuries. 23. That for a long period of time prior to September 28, 2011, in derogation of its duties, the Defendant, caused, permitted and allowed defective and dangerous conditions to exist at the stairway, stairs and steps at the aforesaid premises. 24. That, upon information and belief, the Defendant, had knowledge of the unsafe, defective and dangerous conditions of the said stairway, stairs and steps, or that same had existed for such a long period of time that Defendant should have discovered and known of same, in time to have made the aforesaid stairway, stairs and steps safe before the occurrence of the accident alleged herein. 25. — That the Defendant was negligent in the ownership, operation, management, maintenance, care, custody and control of the aforesaid premises in that the Defendant maintained the aforesaid premises in a dangerous and defective condition; in that the Defendant allowed the stairway, stairs and steps thereat to be and to remain ina dangerous and defective condition; in allowing the stairway, stairs, and steps of the stairway to constitute a slipping and tripping hazard to persons on said stairway, stairs and steps; in that the Defendant allowed the aforesaid dangerous conditions to continue and exist after due notice and knowledge thereof; in failing to warn persons at said premises of the dangerous and defective conditions; in failing to remove and correct the aforesaid dangerous and defective conditions; and in failing to give Plaintiff a safe passageway through the premises, all to the detriment and injury of the Plaintiff,26. That the injuries and damages sustained by the Plaintiff was caused solely by the negligence, carelessness, and recklessness of the Defendant without any negligence on the part of the Plaintiff, contributing thereto. 27. That by reason of the aforesaid negligence of the Defendant, Plaintiff has sustained permanent injuries, has been caused to suffer permanent and continuous pain and suffering, inconvenience, loss of earnings and future earning potential, inability to perform her usual and customary daily activities and loss of enjoyment of life; has been compelled to submit to medical care and treatment and to be or become obligated to pay therefore in endeavoring to become cured of her injuries; has been confined to a hospital, home and bed for substantial periods of time, thereby preventing her from attending to her usual vocation and duties. 28. That solely by reason of the aforesaid, this Plaintiff sustained personal injuries to and about her head, limbs, spine and body. 29. That solely by reason of the aforesaid, this Plaintiff became sick, sore, lame and disabled, suffered, and still suffers and will continue to suffer for some time to come, great mental and physical pain, mental anguish and bodily injuries; that Plaintiff has been informed and verily believes that future suffering will exist and will be permanent with permanent pain, discomfort, inconvenience and other symptoms, signs and effects. 30. That solely by reason of the aforesaid, this Plaintiff SOPHIA LOPEZ was obliged to undergo medical care and treatment and will be obliged to undergo further care and treatment for some time to come. 31. That solely by reason of the aforesaid, this Plaintiff was unable to attend to said Plaintiff's usual duties and occupation for some time; upon information and belief said Plaintiff will be unable to do so or limited from doing so permanently or for some time in the future.32. That by reason of the foregoing negligence on the part of the Defendant, the Plaintiff, SOPHIA LOPEZ has been damaged in a sum which exceeds the jurisdictional limit of all lower Courts which would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF EILEEN LOPEZ 33. That at all times hereinafter mentioned, Plaintiff, EILEEN LOPEZ, reiterates and realleges each and every allegation contained in the paragraphs numbered “1" through “32"of this Complaint herein, as though more fully set forth herein at length. 34. That at all times hereinafter mentioned, Plaintiff, EILEEN LOPEZ, was the lawful mother and natural guardian of infant-Plaintiff, and as such said Plaintiff was entitled to the society and services of said infant-Plaintiff. 35. By reason of the aforementioned negligence of the Defendant s, the Plaintiff EILEEN LOPEZ, was deprived of the society and services of the infant-Plaintiff and shall forever be deprived of said society and services. 36. As a result of the herein above, Plaintiff, EILEEN LOPEZ, has expended diverse sums of money in payment of the expenses incurred for medical care, treatment and hospitalization for the infant-Plaintiff. 37. That by reason of the foregoing negligence on the part of the Defendant s, the Plaintiff, EILEEN LOPEZ, has been damaged in a sum which exceeds the jurisdictional limit of all lower Courts which would otherwise have jurisdiction. WHEREFORE, Plaintiffs demand judgment for the first and second causes of action against the Defendant in an amount that exceeds the monetary and jurisdictional limits of all courts lower than the Supreme Court, together with interest and the costs and disbursements of this action.Dated: New York, New York August 7, 2014 Christopher S. Cardillo, ee CARDILLO & KEYSER, P.C, Attorneys for Plaintiff(s) 217 Broadway, Suite 505 New York, New York 10007 Telephone: (212) 227-3930 Email: ccardiilo@ckattorneys.comVERIFICATION STATE OF NEW YORK }: 55.t COUNTY OF NEW YORK } E ilcen lopez, being duly sworn, deposes and says: That the deponent is the Piaintiff in the within action; that the deponent has read the foregoing Verified Cc om pla nt and knows the contents thereof; that the same is true to deponents own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters, deponent believes to be true. Sworn to before me this ZT day of December, 2013 Noi JAMES ARGENZIANO NOTARY PUBLIC, State of Naw York No. 01AR4813753 fs Qualified in Richmond County ae ie Commission Expires on October 12,250.Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS tt SOPHIA LOPEZ, by her mother and natural guardian EILEEN LOPEZ And EILEEN LOPEZ Individually, Plaintiff(s) -against- AN JU LE YE LLC Defendant(s} SUMMONS AND VERIFIED COMPLAINT CARDILLO & KEYSER, P.C. Attorneys for the Plaintiff(s) 217 Broadway, Suite 505 New York, New York 10007 T. 212-227-3930 F. 347-438-3015 E-mail: ccardillo@ckattorneys.com