Preview
FILED: KINGS COUNTY CLERK 12/03/2012 INDEX NO. 504087/2012
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2012
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No #
NIDAL ABOU TRABAH
Plaintiff( s) SUMMONS AND
VERIFIED
-Against- COMPLAINT
Z & N HILLSIDE/SUTPHIN LLC, ZANE Plaintiff(s) designate Kings
MUNASSA, SHEMSAN GROCERY AIKJ A County as the place of trial
DELI & GRILL The basis of the venue is
Defendant (s), the Plaintiffs residence.
L- ---.J Plaintiff resides: 6902
ridge Blvd, Apt # C8, Brooklyn
NY 11209
To the above named Defendants:
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 plaintiffs 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 New York, New York
November 28,2012
Law offices of Durga Bhurtel PLLC
Date filled:
ga asad Bhurtel, Esq.
Attorney for the Plaintiff
37-49 75th Street 2nd Floor
Jackson Heights, NY 11372
718-509-6181
1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No #
NIDAL ABOU TRABAH
Plaintiff( s) VERIFIED
COMPLAINT
-Against-
Z & N IllLLSIDE/SUTPHIN LLC, ZANE
MUNASSA, SHEMSAN GROCERY AlK/A
DELI & GRILL
Defendant (s),
Plaintiff, NIDAL ABOU TRABAH by his attorney Law offices of Durga
Bhurtel PLLC., complaining of the defendant, respectfully allege the following
upon information and belief as follows:
1. That at all the times hereinafter mentioned, plaintiff was and still
is a resident of the County of KINGS, City and State of New York.
2. That at all the times hereinafter mentioned, the defendants were
and still is a residence of the County of QUEENS, State of New York.
3. That at all the times hereinafter mentioned, the defendant (s) Z &
N HILLSIDE/SUTPHIN LLC (hereinafter Z & N or defendant) was and is
domestic corporation.
4. That at all the times hereinafter mentioned, the defendant Z & N
was and is foreign corporation.
1
5. That at all the times hereinafter mentioned, the defendant Z & N
was and is domestic partnership.
6. That at all the times hereinafter mentioned, the defendant Z & N
was and is domestic Limited liability corporation.
7. That at all the times hereinafter mentioned, the defendant Z & N
was and is foreign Limited Liability corporation.
8. That at all the times hereinafter mentioned, the defendant Z & N
was and is doing business at county of QUEENS and State of New York.
9. That at all the times hereinafter mentioned, the defendant
SHEMSAN GROCERY AlKJA DELI & GRILL (Shemsan Grocery) was and is
domestic Corporation.
10. That at all the times hereinafter mentioned, the defendant
SHEMSAN GROCERY was and is foreign corporation.
11. That at all the times hereinafter mentioned, the defendant
SHEMSAN GROCERY was and is domestic Limited Partnership.
12. That at all the times hereinafter mentioned, the defendant
SHEMSAN GROCERY was and is domestic Limited liability corporation.
13. That at all the times hereinafter mentioned, the defendant
SHEMSAN GROCERY was and is foreign Limited Liability corporation.
2
14. That at all the times hereinafter mentioned, the defendant
SHEMSAN GROCERY was and is a sole proprietor.
15. That at all the times hereinafter mentioned, the defendant
SHEMSAN GROCERY was and is doing business at county of QUEENS and
State of New York.
16. That at all the times hereinafter mentioned, the defendant Z& N
does business under the name of SHEMSAN GROCERY.
17. That at all the times hereinafter mentioned, the defendants
was/were the owners of certain lands and premises in the City of Jamaica, County
of Queens and State of New York commonly known as 8768 Sutphin Boulevard,
City of Jamaica and State of New York. (Premises).
18. At all relevant times, there was and still is erected upon the
premises a building used by defendant as a store for the sale of goods for public
(the "store").
19. That at all the times hereinafter mentioned, the defendants
managed the aforesaid the store.
20. That at all times hereinafter mentioned, the defendant maintained
the aforesaid the Store.
21. That at all times hereinafter mentioned, the defendant controlled
the aforesaid the Store.
3
22. That at all times hereinafter mentioned, the defendant occupied
and/or had possession of the aforesaid the Store.
23. At all relevant times, the store was and is open to public for the
use and benefit of the general public, including the plaintiff.
24. At all relevant times, there was and still is in the floor of the
building a hole or hatchway covered by a trapdoor, used to take merchandise from
the first floor to the basement ofthe building.
25. On July 7, 2012, plaintiff was in the store lawfully when through
the negligence of the defendant, plaintiff fell into the opening in the floor and fell
into the basement ofthe building and sustained the injuries below alleged.
26. The accident and the injuries to plaintiff were caused solely by
the negligence of the defendant and without any contributory negligence on the
part of the plaintiff.
27. Defendant owed a duty to plaintiff to use reasonable care to keep
the floor in a safe condition to avoid injury to plaintiff and others.
28. Defendant's negligence consisted of (1) breaching the duty of
reasonable care owed to the plaintiff; (2) carelessly and negligently keeping and
maintaining the opening in the floor and leaving it in a dangerous condition; (3)
leaving the opening or hatchway open, uncovered, unguarded, and unprotected and
4
without any sign or signal ofwaming or any other waming to advise persons of the
fact that it was open.
29. The limitations on liability set forth in C.P.L.R. Article 16 do not
apply herein and one or more of the exemptions set forth in C.P.L.R. S1602
applies.
30. That due to the aforesaid accident Plaintiff Nidal Abou Trabah
sustained injuries to his right leg, Left Hand, Rib Fracture and other part of his
body and limbs and permanent residuals such as loss of motion of the right upper
extremity with continuous pain and stiffness was injured both intemally and
extemally was compelled to seek and secure medical care for the treatment of her
injuries and the alleviation of her pain and suffering was hospitalized was confined
to bed and home suffere,d great pain, discomfort and disability and has been
informed and verily believes that some of the aforesaid injuries are permanent and
that she will continue to suffer great pain and discomfort and disability for future
period of time plaintiff has been incapacitated from and unable to perform his
usual occupation duties and functions.
31. That as a result of the foregoing, plaintiff has been damaged in a
sum, which exceeds the jurisdictional limits of the lower courts in the State of New
York.
5
WHEREFORE, the plaintiffs demands judgment against the defendants,
jointly and severally for each cause of action in the sum exceeding jurisdictional
limits of all lower court's in the State of New York with the interest thereon, costs
and disbursements of the within action for each cause of action.
Dated: New York, New York Your Etc
November 28,2012 Law offices of Durga Bhurtel PLLC
a rasad Bhurtel, Esq.
Attorney for the Plaintiff
37-49 75th Street, 2nd floor,
Jackson Heights NY 11372
718-509-6181
6
INDIVIDUAL VERIFICATION OF COMPLAINT
STATE OF NEW YORK) sS.:
COUNTY OF KINGS)
NIDAL ABOU TRABAH, being duly sworn, states that she is the plaintiff in this
action and that the foregoing complaint is true to her own dge, except as to
matters therein stated to be alleged on information belie and as those
matters she believes it to be true.
UTRABAH
Sworn before me on the
;?8 Day of November 2012
,~
Notary public
FERAS RAFEE
, NOTAllV PuBliC S1'ATE OF NEW Y{)R~
, NO, Q.2RA6~97059'
Qt/AU.'ED IN NEW YORK CQUNTY ,
, , COMMISSION EXPI~ES ,11J24/2012J{
7
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No #
NIDAL ABOU TRABAH
Plaintiff( s) (Electronic filing)
-Against-
Z & N lllLLSIDE/SUTPHIN LLC, ZANE MUNASSA,
SHEMSAN GROCERY AlK/A DELI & GRlLL
Defendant (s),
SUMMONS AND VERIFIED COMPLAINT
Law offices of Durga Bhurtel PLLC
Attorney for PlaintifJ(s)
Office and Post office Address, Telephone
3749 75th Street Floor 2nd
Jackson Heights, NY 11372
Phone # 718-509-6181
To:
Attorney(s) for Respondent
=================================================
=====================================
Service of a coy of the within is hereby admitted Dated,
Attorney(s) for
Preview
FILED: KINGS COUNTY CLERK 12/03/2012 INDEX NO. 504087/2012 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No # NIDAL ABOU TRABAH Plaintiff( s) SUMMONS AND VERIFIED -Against- COMPLAINT Z & N HILLSIDE/SUTPHIN LLC, ZANE Plaintiff(s) designate Kings MUNASSA, SHEMSAN GROCERY AIKJ A County as the place of trial DELI & GRILL The basis of the venue is Defendant (s), the Plaintiffs residence. L- ---.J Plaintiff resides: 6902 ridge Blvd, Apt # C8, Brooklyn NY 11209 To the above named Defendants: 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 plaintiffs 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 New York, New York November 28,2012 Law offices of Durga Bhurtel PLLC Date filled: ga asad Bhurtel, Esq. Attorney for the Plaintiff 37-49 75th Street 2nd Floor Jackson Heights, NY 11372 718-509-6181 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No # NIDAL ABOU TRABAH Plaintiff( s) VERIFIED COMPLAINT -Against- Z & N IllLLSIDE/SUTPHIN LLC, ZANE MUNASSA, SHEMSAN GROCERY AlK/A DELI & GRILL Defendant (s), Plaintiff, NIDAL ABOU TRABAH by his attorney Law offices of Durga Bhurtel PLLC., complaining of the defendant, respectfully allege the following upon information and belief as follows: 1. That at all the times hereinafter mentioned, plaintiff was and still is a resident of the County of KINGS, City and State of New York. 2. That at all the times hereinafter mentioned, the defendants were and still is a residence of the County of QUEENS, State of New York. 3. That at all the times hereinafter mentioned, the defendant (s) Z & N HILLSIDE/SUTPHIN LLC (hereinafter Z & N or defendant) was and is domestic corporation. 4. That at all the times hereinafter mentioned, the defendant Z & N was and is foreign corporation. 1 5. That at all the times hereinafter mentioned, the defendant Z & N was and is domestic partnership. 6. That at all the times hereinafter mentioned, the defendant Z & N was and is domestic Limited liability corporation. 7. That at all the times hereinafter mentioned, the defendant Z & N was and is foreign Limited Liability corporation. 8. That at all the times hereinafter mentioned, the defendant Z & N was and is doing business at county of QUEENS and State of New York. 9. That at all the times hereinafter mentioned, the defendant SHEMSAN GROCERY AlKJA DELI & GRILL (Shemsan Grocery) was and is domestic Corporation. 10. That at all the times hereinafter mentioned, the defendant SHEMSAN GROCERY was and is foreign corporation. 11. That at all the times hereinafter mentioned, the defendant SHEMSAN GROCERY was and is domestic Limited Partnership. 12. That at all the times hereinafter mentioned, the defendant SHEMSAN GROCERY was and is domestic Limited liability corporation. 13. That at all the times hereinafter mentioned, the defendant SHEMSAN GROCERY was and is foreign Limited Liability corporation. 2 14. That at all the times hereinafter mentioned, the defendant SHEMSAN GROCERY was and is a sole proprietor. 15. That at all the times hereinafter mentioned, the defendant SHEMSAN GROCERY was and is doing business at county of QUEENS and State of New York. 16. That at all the times hereinafter mentioned, the defendant Z& N does business under the name of SHEMSAN GROCERY. 17. That at all the times hereinafter mentioned, the defendants was/were the owners of certain lands and premises in the City of Jamaica, County of Queens and State of New York commonly known as 8768 Sutphin Boulevard, City of Jamaica and State of New York. (Premises). 18. At all relevant times, there was and still is erected upon the premises a building used by defendant as a store for the sale of goods for public (the "store"). 19. That at all the times hereinafter mentioned, the defendants managed the aforesaid the store. 20. That at all times hereinafter mentioned, the defendant maintained the aforesaid the Store. 21. That at all times hereinafter mentioned, the defendant controlled the aforesaid the Store. 3 22. That at all times hereinafter mentioned, the defendant occupied and/or had possession of the aforesaid the Store. 23. At all relevant times, the store was and is open to public for the use and benefit of the general public, including the plaintiff. 24. At all relevant times, there was and still is in the floor of the building a hole or hatchway covered by a trapdoor, used to take merchandise from the first floor to the basement ofthe building. 25. On July 7, 2012, plaintiff was in the store lawfully when through the negligence of the defendant, plaintiff fell into the opening in the floor and fell into the basement ofthe building and sustained the injuries below alleged. 26. The accident and the injuries to plaintiff were caused solely by the negligence of the defendant and without any contributory negligence on the part of the plaintiff. 27. Defendant owed a duty to plaintiff to use reasonable care to keep the floor in a safe condition to avoid injury to plaintiff and others. 28. Defendant's negligence consisted of (1) breaching the duty of reasonable care owed to the plaintiff; (2) carelessly and negligently keeping and maintaining the opening in the floor and leaving it in a dangerous condition; (3) leaving the opening or hatchway open, uncovered, unguarded, and unprotected and 4 without any sign or signal ofwaming or any other waming to advise persons of the fact that it was open. 29. The limitations on liability set forth in C.P.L.R. Article 16 do not apply herein and one or more of the exemptions set forth in C.P.L.R. S1602 applies. 30. That due to the aforesaid accident Plaintiff Nidal Abou Trabah sustained injuries to his right leg, Left Hand, Rib Fracture and other part of his body and limbs and permanent residuals such as loss of motion of the right upper extremity with continuous pain and stiffness was injured both intemally and extemally was compelled to seek and secure medical care for the treatment of her injuries and the alleviation of her pain and suffering was hospitalized was confined to bed and home suffere,d great pain, discomfort and disability and has been informed and verily believes that some of the aforesaid injuries are permanent and that she will continue to suffer great pain and discomfort and disability for future period of time plaintiff has been incapacitated from and unable to perform his usual occupation duties and functions. 31. That as a result of the foregoing, plaintiff has been damaged in a sum, which exceeds the jurisdictional limits of the lower courts in the State of New York. 5 WHEREFORE, the plaintiffs demands judgment against the defendants, jointly and severally for each cause of action in the sum exceeding jurisdictional limits of all lower court's in the State of New York with the interest thereon, costs and disbursements of the within action for each cause of action. Dated: New York, New York Your Etc November 28,2012 Law offices of Durga Bhurtel PLLC a rasad Bhurtel, Esq. Attorney for the Plaintiff 37-49 75th Street, 2nd floor, Jackson Heights NY 11372 718-509-6181 6 INDIVIDUAL VERIFICATION OF COMPLAINT STATE OF NEW YORK) sS.: COUNTY OF KINGS) NIDAL ABOU TRABAH, being duly sworn, states that she is the plaintiff in this action and that the foregoing complaint is true to her own dge, except as to matters therein stated to be alleged on information belie and as those matters she believes it to be true. UTRABAH Sworn before me on the ;?8 Day of November 2012 ,~ Notary public FERAS RAFEE , NOTAllV PuBliC S1'ATE OF NEW Y{)R~ , NO, Q.2RA6~97059' Qt/AU.'ED IN NEW YORK CQUNTY , , , COMMISSION EXPI~ES ,11J24/2012J{ 7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No # NIDAL ABOU TRABAH Plaintiff( s) (Electronic filing) -Against- Z & N lllLLSIDE/SUTPHIN LLC, ZANE MUNASSA, SHEMSAN GROCERY AlK/A DELI & GRlLL Defendant (s), SUMMONS AND VERIFIED COMPLAINT Law offices of Durga Bhurtel PLLC Attorney for PlaintifJ(s) Office and Post office Address, Telephone 3749 75th Street Floor 2nd Jackson Heights, NY 11372 Phone # 718-509-6181 To: Attorney(s) for Respondent ================================================= ===================================== Service of a coy of the within is hereby admitted Dated, Attorney(s) for