Preview
(FILED: * BRONX COUNTY GEER 0270/20 I ee
NYSCEF DOC. NO. 1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
Index No::
KALIMAR FELICIANO, Date Purchased:
Plaintiff, Plaintiff designates Bronx
County as the place of trial.
-against- The basis of the venue selected
is plaintiff’s residence.
ADEE REALTY, LLC, SUMMONS
Defendant. Plaintiff resides at
2500 Tratman Ave., Apt. #A
Bronx, NY 10461
x COUNTY OF BRONX
To the above named Defendant(s):
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 Plaintiff’s Attorney 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. |
Dated: Bronx, New York
Jaunuary 12, 2013
Defendant’s Address: Yours, etc.,
Via Secretary of State
ADEE REALTY, LLC
c/o Fieber Realty Co.
105 Court Street
Brooklyn, NY 11201
Attorney for Plaintiff
KALIMAR FELICIANO
557 Grand Concourse, Suite 159
Bronx, NY 10451
(718) 301-8233SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
X
INDEX NO.:
KALIMAR FELICIANO,
Plaintiff,
VERIFIED COMPLAINT
-against-
ADEE REALTY, LLC,
Defendant.
x
Plaintiffs, KALIMAR FELICIANO, by her attorney, SCOTT A. FELICETTI,
ESQ., as and for a Verified Complaint against defendant, ADEE REALTY, LLC, (hereinafter
referred to as “ADEE”) respectfully alleges as follows:
1; That at all relevant times mentioned herein the plaintiff, KALIMAR FELICIANO,
resided at 2500 Tratman Ave., Apt. A, Bronx, NY 10461.
Z: That at all relevant times mentioned herein and upon information and belief, the
defendant, “ADEE”, was and still remains a domestic corporation duly organized and existing
under and by virtue of the laws of the State of New York, and maintains its principal place of
business at 2500 Tratman Ave., Apt. A, Bronx, NY 10461.
5. That at all times mentioned herein and upon information and belief, the
defendant, “ADEE”, was and still is a foreign corporation, duly organized and existing under
and by virtue of the laws of the State of New York, and maintains its principal place of business
at 2500 Tratman Ave., Apt. A, Bronx, NY 10461.AS AND FOR A FIRST CAUSE OF ACTION
4. The plaintiff repeats, reiterates and realleges each and every allegation contained
in paragraphs “1" through “3" of this Verified Complaint with the same force and effect as if
each allegation were restated in its entirety herein.
5. That at all relevant times mentioned herein and upon information and belief, the
defendant, “ADEE”, owned a certain premises known as 2500 Tratman Ave., Apt. A, Bronx,
NY 10461, County of Bronx, City and State of New York, (hereinafter referred to as “The
Premises”).
6. That at all relevant times mentioned herein and upon information and belief, the
defendant, “ADEE”, leased “The Premises”.
i That at all relevant times mentioned herein and upon information and belief, the
defendant, “ADEE”, operated “The Premises”.
8. That at all relevant times mentioned herein and upon information and belief, the
defendant, “ADEE”, maintained “The Premises”.
9. That at all relevant times mentioned herein and upon information and belief, the
defendant, “ADEE”, managed “The Premises”.
10. That at all relevant times mentioned herein and upon information and belief, the
defendant, “ADEE”, controlled “The Premises”.
11. That at all relevant times mentioned herein and upon information and belief the
defendant, “ADEE” assumed the duty of repair to “The Premises”.
12. That at all relevant times mentioned herein and upon information and belief the
defendant, “ADEE” assumed the duty of cleaning “The Premises”.
13. That as all relevant times mentioned herein it was the duty of the defendant,“ADEE”, its agents, servants and/or employees at all times to own, operate, manage, supervise,
monitor, control, construct, maintain, clean, inspect and/or repair “The Premises” therein, in a
safe and secure condition, free from garbage, debris, wet substances, slippery substances, decay,
disrepair, design defects, structural defects, maintenance and/or repair defects and/or other
hazardous and dangerous conditions; to keep “The Premises” therein, in a proper and
reasonable state of operation, management, supervision, monitoring, control, maintenance,
cleanliness and/or repair; to properly and adequately inspect, manage, monitor, supervise
and/or control the cleaning, maintenance and/or repair of “The Premises” therein; to perform
the operation, management, supervision, control, inspection, cleaning, maintenance and/or
repair of “The Premises” therein in a careful and prudent manner; and/or hire and retain skilled
and competent personnel to perform said operation, management, supervision, control,
inspection, cleaning, maintenance and/or repairs of “The Premises” therein.
14. That the defendant “ADEE”, its agents, servants and/or employees, undertook
and agreed to own, operate, manage, supervise, monitor, control, construct, maintain, clean,
inspect and/or repair “The Premises” in good condition, reasonably safe and secure, free from
garbage, debris, wet substances, slippery substances, decay, disrepair, design defects, structural
defects, maintenance and/or repair defects and/or other hazardous and dangerous conditions
15. That the defendant “ADEE”, its agents, servants and/or employees, disregarded
their duty to properly own, operate, manage, supervise, monitor, control, construct, maintain,
clean, inspect and/or repair “The Premises” therein, and carelessly, recklessly and negligently
permitted “The Premises” therein to remain in an unsafe, defective, hazardous and/or
dangerous condition; carelessly, recklessly and negligently failed to operate, manage, monitor,
supervise, inspect, maintain and/or repair the aforementioned premises; failed to keep theaforementioned premises free from defects; and, carelessly, recklessly and negligently permitted
the aforementioned premises to fall into disrepair and to remain in a hazardous and dangerous
condition for a long period of time.
16. That the carelessness and negligence of the defendant, “ADEE”, its agents,
servants, and/or employees consisted of, among other things, carelessly, recklessly and
negligently operating, managing, maintaining, inspecting, repairing, supervising, controlling,
and/or cleaning the aforementioned premises; in causing, allowing and permitting dangerous
and defective conditions to exist on the aforesaid “Premises” therein; in failing to repair,
maintain, and/or clean the aforesaid dangerous and defective conditions; in failing to give the
general public and more particularly the plaintiff herein, any warning or notice of the dangerous
and defective conditions existing on the aforesaid “Premises”; in failing to erect barricades
and/or warning signs to warn the general public and more particularly the plaintiff herein, of the
dangerous and defective conditions then and there existing on the aforesaid “Premises”; in
failing to make proper and adequate inspections of the “Premises” therein; in failing to provide
proper and/or adequate lighting at the aforementioned premises; and in otherwise being
careless, reckless and negligent in the ownership, operation, maintenance, repair, Supervision
and/or control of the aforesaid “Premises”.
17. That on or about the 12thday of August, 2012, and for a long period of time
prior thereto, the defendant, “ADEE”, its agents, servants and/or employees, permitted “The
Premises” therein, to have design defects, structural defects, construction defects, maintenance,
cleaning, lighting and/or repair defects and/or decay, thus creating a hazardous and dangerous
condition for the residents lawfully residing at “The Premises”.18. That on or about the 12" day of August,2012, the defendant, “ADEE”, its agents,
servants and/or employees, negligently repaired, maintained and/or cleaned “The Premises”,
thus causing and creating an unsafe, defective, hazardous and/or dangerous condition.
19. That the aforementioned unsafe, defective, hazardous and/or dangerous
condition constituted a nuisance, and that same had existed for a long time prior to the time of
the accident, and that the defendant, “ADEE”, its agents, servants and/or employees, in the
exercise of reasonable care and prudence knew or should have known of said condition.
20. That on or about the 12" day of August, 2012, while the plaintiff, KALIMAR
FELICIANO, was a lawful resident at “The Premises”, she was caused to be injured due to the
unsafe, defective, hazardous and/or dangerous condition at “The Premises” thus sustaining the
serious and severe permanent injuries hereinafter alleged.
21. That at all relevant times mentioned herein and upon information and belief, the
aforesaid occurrence and the injuries resulting therefrom, were caused wholly and solely by
reason of the carelessness, recklessness and negligence of the defendant, “ADEE”, its agents,
servants and/or employees, and without any negligence or culpable conduct on the part of the
plaintiff contributing thereto.
22. That solely by reason of the foregoing, the plaintiff, KALIMAR FELICIANO,
became and was rendered sick, sore, lame and disabled along with severe emotional and
psychological injuries; received severe, serious and permanent injuries to her head, body and
limbs; experienced great pain and suffering and continues to suffer from said injuries; and the
plaintiff has been informed and believes said injuries to be of a permanent nature; and said
plaintiff was, is and will be incapacitated for a long period of time and the plaintiff was
compelled to and did seek medical aid, attention and treatment and will in the future requirefurther medical aid, attention and treatment; and the plaintiff was obliged to and did expend
large sums fo money for medical attention and will in future be required to expend additional
sums of money for the treatment of said injuries; the plaintiff was and will continue to be
incapacitated from her usual duties, functions and general activities and chores; and otherwise
did sustain a loss of diverse sums of money.
23. That the plaintiff's damages sustained herein exceed the jurisdictional limits of all
lower courts which would otherwise have jurisdiction.
WHEREFORE, the plaintiff, KALIMAR FELICIANO, demands judgment of the
defendant, ADEE REALTY, LLC, together with the costs and disbursements fo this action for an
amount to be determined by the court.
DATED: Bronx, New York
January 12, 2012
Yours, etc.,
COTT A. FELICETTI, ESQ.
Attorney for Plaintiff
KALIMAR FELICIANO
557 Grand Concourse, Suite 159
Bronx, NY 10451
(718) 301-8233VERIFICATION
STATE OF NEW YORK )
so.
COUNTY OF BRONX )
I, Kalimar Feliciano, being duly sworn, deposes and says:
I am the plaintiff herein; I have read the foregoing complaint and know the
contents thereof: the same is true to my knowledge, except as to matters therein stated to be
alleged upon information and belief, and as to those matters, I believe it to be true.
ba LAA
7
Kalimar Feliciano
Sworn to before me this _\A
day of January, 2013
is
Notary Public
Andrew D. O. Fraser
Commissioner of Deeds
City of New York Number 3-680i
Certificate Filed In New Yor
Commissior Expires on Q\AN\V,SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
eK
INDEX NO.:
KALIMAR FELICIANO,
Plaintiff,
-against-
ADEE REALTY, LLC,
Defendant.
SUMMONS AND VERIFIED COMPLAINT
Scott A. Felicetti, Esq.
Attorney for Plaintiff
KALIMAR FELICIANO
557 Grand Concourse, Suite 159
Bronx, NY 10451
(718) 301-8233
Preview
(FILED: * BRONX COUNTY GEER 0270/20 I ee NYSCEF DOC. NO. 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Index No:: KALIMAR FELICIANO, Date Purchased: Plaintiff, Plaintiff designates Bronx County as the place of trial. -against- The basis of the venue selected is plaintiff’s residence. ADEE REALTY, LLC, SUMMONS Defendant. Plaintiff resides at 2500 Tratman Ave., Apt. #A Bronx, NY 10461 x COUNTY OF BRONX To the above named Defendant(s): 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 Plaintiff’s Attorney 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. | Dated: Bronx, New York Jaunuary 12, 2013 Defendant’s Address: Yours, etc., Via Secretary of State ADEE REALTY, LLC c/o Fieber Realty Co. 105 Court Street Brooklyn, NY 11201 Attorney for Plaintiff KALIMAR FELICIANO 557 Grand Concourse, Suite 159 Bronx, NY 10451 (718) 301-8233SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X INDEX NO.: KALIMAR FELICIANO, Plaintiff, VERIFIED COMPLAINT -against- ADEE REALTY, LLC, Defendant. x Plaintiffs, KALIMAR FELICIANO, by her attorney, SCOTT A. FELICETTI, ESQ., as and for a Verified Complaint against defendant, ADEE REALTY, LLC, (hereinafter referred to as “ADEE”) respectfully alleges as follows: 1; That at all relevant times mentioned herein the plaintiff, KALIMAR FELICIANO, resided at 2500 Tratman Ave., Apt. A, Bronx, NY 10461. Z: That at all relevant times mentioned herein and upon information and belief, the defendant, “ADEE”, was and still remains a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York, and maintains its principal place of business at 2500 Tratman Ave., Apt. A, Bronx, NY 10461. 5. That at all times mentioned herein and upon information and belief, the defendant, “ADEE”, was and still is a foreign corporation, duly organized and existing under and by virtue of the laws of the State of New York, and maintains its principal place of business at 2500 Tratman Ave., Apt. A, Bronx, NY 10461.AS AND FOR A FIRST CAUSE OF ACTION 4. The plaintiff repeats, reiterates and realleges each and every allegation contained in paragraphs “1" through “3" of this Verified Complaint with the same force and effect as if each allegation were restated in its entirety herein. 5. That at all relevant times mentioned herein and upon information and belief, the defendant, “ADEE”, owned a certain premises known as 2500 Tratman Ave., Apt. A, Bronx, NY 10461, County of Bronx, City and State of New York, (hereinafter referred to as “The Premises”). 6. That at all relevant times mentioned herein and upon information and belief, the defendant, “ADEE”, leased “The Premises”. i That at all relevant times mentioned herein and upon information and belief, the defendant, “ADEE”, operated “The Premises”. 8. That at all relevant times mentioned herein and upon information and belief, the defendant, “ADEE”, maintained “The Premises”. 9. That at all relevant times mentioned herein and upon information and belief, the defendant, “ADEE”, managed “The Premises”. 10. That at all relevant times mentioned herein and upon information and belief, the defendant, “ADEE”, controlled “The Premises”. 11. That at all relevant times mentioned herein and upon information and belief the defendant, “ADEE” assumed the duty of repair to “The Premises”. 12. That at all relevant times mentioned herein and upon information and belief the defendant, “ADEE” assumed the duty of cleaning “The Premises”. 13. That as all relevant times mentioned herein it was the duty of the defendant,“ADEE”, its agents, servants and/or employees at all times to own, operate, manage, supervise, monitor, control, construct, maintain, clean, inspect and/or repair “The Premises” therein, in a safe and secure condition, free from garbage, debris, wet substances, slippery substances, decay, disrepair, design defects, structural defects, maintenance and/or repair defects and/or other hazardous and dangerous conditions; to keep “The Premises” therein, in a proper and reasonable state of operation, management, supervision, monitoring, control, maintenance, cleanliness and/or repair; to properly and adequately inspect, manage, monitor, supervise and/or control the cleaning, maintenance and/or repair of “The Premises” therein; to perform the operation, management, supervision, control, inspection, cleaning, maintenance and/or repair of “The Premises” therein in a careful and prudent manner; and/or hire and retain skilled and competent personnel to perform said operation, management, supervision, control, inspection, cleaning, maintenance and/or repairs of “The Premises” therein. 14. That the defendant “ADEE”, its agents, servants and/or employees, undertook and agreed to own, operate, manage, supervise, monitor, control, construct, maintain, clean, inspect and/or repair “The Premises” in good condition, reasonably safe and secure, free from garbage, debris, wet substances, slippery substances, decay, disrepair, design defects, structural defects, maintenance and/or repair defects and/or other hazardous and dangerous conditions 15. That the defendant “ADEE”, its agents, servants and/or employees, disregarded their duty to properly own, operate, manage, supervise, monitor, control, construct, maintain, clean, inspect and/or repair “The Premises” therein, and carelessly, recklessly and negligently permitted “The Premises” therein to remain in an unsafe, defective, hazardous and/or dangerous condition; carelessly, recklessly and negligently failed to operate, manage, monitor, supervise, inspect, maintain and/or repair the aforementioned premises; failed to keep theaforementioned premises free from defects; and, carelessly, recklessly and negligently permitted the aforementioned premises to fall into disrepair and to remain in a hazardous and dangerous condition for a long period of time. 16. That the carelessness and negligence of the defendant, “ADEE”, its agents, servants, and/or employees consisted of, among other things, carelessly, recklessly and negligently operating, managing, maintaining, inspecting, repairing, supervising, controlling, and/or cleaning the aforementioned premises; in causing, allowing and permitting dangerous and defective conditions to exist on the aforesaid “Premises” therein; in failing to repair, maintain, and/or clean the aforesaid dangerous and defective conditions; in failing to give the general public and more particularly the plaintiff herein, any warning or notice of the dangerous and defective conditions existing on the aforesaid “Premises”; in failing to erect barricades and/or warning signs to warn the general public and more particularly the plaintiff herein, of the dangerous and defective conditions then and there existing on the aforesaid “Premises”; in failing to make proper and adequate inspections of the “Premises” therein; in failing to provide proper and/or adequate lighting at the aforementioned premises; and in otherwise being careless, reckless and negligent in the ownership, operation, maintenance, repair, Supervision and/or control of the aforesaid “Premises”. 17. That on or about the 12thday of August, 2012, and for a long period of time prior thereto, the defendant, “ADEE”, its agents, servants and/or employees, permitted “The Premises” therein, to have design defects, structural defects, construction defects, maintenance, cleaning, lighting and/or repair defects and/or decay, thus creating a hazardous and dangerous condition for the residents lawfully residing at “The Premises”.18. That on or about the 12" day of August,2012, the defendant, “ADEE”, its agents, servants and/or employees, negligently repaired, maintained and/or cleaned “The Premises”, thus causing and creating an unsafe, defective, hazardous and/or dangerous condition. 19. That the aforementioned unsafe, defective, hazardous and/or dangerous condition constituted a nuisance, and that same had existed for a long time prior to the time of the accident, and that the defendant, “ADEE”, its agents, servants and/or employees, in the exercise of reasonable care and prudence knew or should have known of said condition. 20. That on or about the 12" day of August, 2012, while the plaintiff, KALIMAR FELICIANO, was a lawful resident at “The Premises”, she was caused to be injured due to the unsafe, defective, hazardous and/or dangerous condition at “The Premises” thus sustaining the serious and severe permanent injuries hereinafter alleged. 21. That at all relevant times mentioned herein and upon information and belief, the aforesaid occurrence and the injuries resulting therefrom, were caused wholly and solely by reason of the carelessness, recklessness and negligence of the defendant, “ADEE”, its agents, servants and/or employees, and without any negligence or culpable conduct on the part of the plaintiff contributing thereto. 22. That solely by reason of the foregoing, the plaintiff, KALIMAR FELICIANO, became and was rendered sick, sore, lame and disabled along with severe emotional and psychological injuries; received severe, serious and permanent injuries to her head, body and limbs; experienced great pain and suffering and continues to suffer from said injuries; and the plaintiff has been informed and believes said injuries to be of a permanent nature; and said plaintiff was, is and will be incapacitated for a long period of time and the plaintiff was compelled to and did seek medical aid, attention and treatment and will in the future requirefurther medical aid, attention and treatment; and the plaintiff was obliged to and did expend large sums fo money for medical attention and will in future be required to expend additional sums of money for the treatment of said injuries; the plaintiff was and will continue to be incapacitated from her usual duties, functions and general activities and chores; and otherwise did sustain a loss of diverse sums of money. 23. That the plaintiff's damages sustained herein exceed the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, the plaintiff, KALIMAR FELICIANO, demands judgment of the defendant, ADEE REALTY, LLC, together with the costs and disbursements fo this action for an amount to be determined by the court. DATED: Bronx, New York January 12, 2012 Yours, etc., COTT A. FELICETTI, ESQ. Attorney for Plaintiff KALIMAR FELICIANO 557 Grand Concourse, Suite 159 Bronx, NY 10451 (718) 301-8233VERIFICATION STATE OF NEW YORK ) so. COUNTY OF BRONX ) I, Kalimar Feliciano, being duly sworn, deposes and says: I am the plaintiff herein; I have read the foregoing complaint and know the contents thereof: the same is true to my knowledge, except as to matters therein stated to be alleged upon information and belief, and as to those matters, I believe it to be true. ba LAA 7 Kalimar Feliciano Sworn to before me this _\A day of January, 2013 is Notary Public Andrew D. O. Fraser Commissioner of Deeds City of New York Number 3-680i Certificate Filed In New Yor Commissior Expires on Q\AN\V,SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX eK INDEX NO.: KALIMAR FELICIANO, Plaintiff, -against- ADEE REALTY, LLC, Defendant. SUMMONS AND VERIFIED COMPLAINT Scott A. Felicetti, Esq. Attorney for Plaintiff KALIMAR FELICIANO 557 Grand Concourse, Suite 159 Bronx, NY 10451 (718) 301-8233