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CHIARIELLO & CHIARIELLO
N@-21 QUEENS BLVD.
FOREST HILLS, NY 11375
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
ANGELINA TIRADO, Index No.
Plaintiffs,
-against-
Date Filed:
BRUNSWICK WOODHAVEN LANES,
Defendant.
SUMMONS
To the above named defendant(s):
YOU ARE HEREBY SUMMONED and required to serve upon
plaintiff's attorney an answer to the complaint in this action within twenty (20) days
after the service of this summons, exclusive of the day of service, or within thirty (30)
days after service is complete if this summons is not personally delivered to you within
the State of New York. In case of your failure to answer, judgment will be taken
against you for the relief demanded in the complaint.
The basis of the venue designated is the residence of the plaintiff(s)
which is: 95-24 102" Street, Ozone Park, New York 11416.
Dated: Forest Hills, New York
January 4, 2007
GERALD CHIARIELLO
/ CHIARIELLO & CHIARIELLO
“ — Attorneys for Plaintiffs)
ANGELINA TIRADO
Office & P.O. Address
118-21 Queens Boulevard
Forest Hills, New York 11375
(718) 261-5200
Defendants! Address:
BRUNSWICK WOODHAVEN LANES
72-25 Woodhaven Boulevard
Glendale, New York 11385
L:\Complaints\TIRADO(angelina).cp.wpdCHIARIELLO & CHIARIELLO
109-21 QUEENS BLVD,
FOREST HILLS, NY 1375
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
ANGELINA TIRADO, Index No.
Plaintiff,
-against-
VERIFIED
BRUNSWICK WOODHAVEN LANES, COMPLAINT
Defendant.
Plaintiff, by her attorneys, CHIARIELLO & CHIARIELLO,
complaining of the defendant(s), respectfully alleges and sets forth as follows:
1. At all times hereinafter mentioned, the plaintiff was and still is a
resident of the County of Queens, City of New York, State of New York.
2. That at all times hereinafter mentioned, upon information and
belief, the defendant BRUNSWICK WOODHAVEN LANES is a domestic
corporation duly organized and existing under the laws of the State of New York with
its principal place of business located at 72-25 Woodhaven Boulevard, Glendale,
County of Queens, City and State of New York.
3. That at all times hereinafter mentioned, upon information and
belief, the defendant BRUNSWICK WOODHAVEN LANES is a foreign corporation
authorized to do business within the State of New York.
4. That at all times hereinafter mentioned, upon information and
belief, the defendant BRUNSWICK WOODHAVEN LANES was the owner, lessee,
permittee or otherwise in possession and control of the bowling alley located at 72-25
Woodhaven Boulevard, Glendale, County of Queens, City and State of New York.
5. That at all times hereinafter mentioned, upon information and
belief, the defendant BRUNSWICK WOODHAVEN LANES undertook and obligated
itself to patrons of its said bowling alley to maintain and operate the aforesaid bowling
alley with a due and proper regard for the safety of its patrons and invitees. The
defendant negligently, carelessly and recklessly disregarded its duty to protect the
plaintiff, ANGELINA TIRADO, from the unreasonable risk of harm: in creating
and/or maintaining, a metal, top step pad, tread, descending to Lanes 31 & 32 where
plaintiff was assigned to bowl; in failing to repair said step which had a screw/nail
protruding from the metal stair/step pad tread which was loose; in failing to warn the
plaintiff of the negligent condition of such stair step; in failing to repair and/or correct
the dangerous and tripping condition of the aforesaid step; in repairing and/or
correcting the tripping and hazardous condition of the aforesaid step in an improperCHIARIELLO & CHIARIELLO
8-21 QUEENS BLVD.
FOREST HILLS, NY 1375
and negligent manner; in creating and/or maintaining a trap endangering the plaintiff;
in failing to properly advise and train its agents, servants and/or employees of the
proper techniques for the maintenance and repair of the subject stair to the bowling
alleys; in negligently installing such step pads; in installing improper step pads on such
stairs; in failing to supervise its agents, servants and/or employees in the installation of
such step pads; in failing to perceive the dangerous and tripping condition of the
aforesaid step; and in possessing, controlling and maintaining its premises in such a
negligent, reckless and careless manner as to cause the plaintiff, ANGELINA
TIRADO, to trip and fall and suffer the serious injuries hereinafter alleged.
6. That on the 5" day of November, 2006 at approximately 1:00
a.m. while the plaintiff ANGELINA TIRADO was lawfully upon the aforesaid
premises, she was caused to trip and fall due to the negligence of the defendant, its
agents, servants and/or employees.
7. That upon information and belief, at the time and place as
aforesaid, the defendant created and had actual knowledge and notice of the dangerous
condition or the same had existed for a sufficient length of time prior to the happening
of the accident herein alleged; that the defendant, its agents, servants and/or
employees could and should have had knowledge and notice of same.
8. That the accident herein and the injuries and damages sustained
by this plaintiff as a result thereof were due solely and wholly to the negligence of the
defendant, its agents, servants and/or employees, and without fault or want of care on
the part of the plaintiff contributing thereto.
9. That as a result of the negligence of the defendant, its agents,
servants and/or employees, this plaintiff was rendered sick, sore, lame and disabled;
was forced to be hospitalized; suffered severe and serious injuries to and about her
right ankle, body and limbs; was forced to undergo extensive medical care and
attention and may in the future be compelled to undergo additional medical care and
attention; was forced to expend various sums of money for said medical care and
attention and may in the future be compelled to expend additional monies for medical
care and attention; suffered severe injuries, some of which may, upon information and
belief, be permanent and lasting in nature; was forced to lose time from her vocation;
and was forced to abstain from her normal daily activities and her enjoyment of life.
10. Due to the negligent, reckless and careless conduct of the
defendant, the plaintiff, ANGELINA TIRADO, suffered serious, severe, and upon
information and belief, permanent personal injuries and resultant pain and suffering all
2CHIARIELLO & CHIARIELLO
e-21 QUEENS BLVD.
FOREST HILLS, NY 1375
to her damage in an amount that exceeds the jurisdictional limits of all lower courts
which would otherwise have jurisdiction.
WHEREF ORE, plaintiff demands judgment against the defendant
set forth above in a sum greater than the jurisdictional limits of all lower courts which
would otherwise have jurisdiction, together with the costs and disbursements of this
action.
Dated: Forest Hills, New York
January 4, 2007
Yours, e£c.. - 5
7
GERALD CHIARIELLO
/ CHIARIELLO & CHIARIELLO
/ Attorneys for Plaintiff(s)
ANGELINA TIRADO
Office & P.O. Address
118-21 Queens Boulevard
Forest Hills, New York 11375
(718) 261-5200
LAComplaints\TIRADO(angelina).cp.wpdCHIARIELLO & CHIARIELLO
ne-2s QUEENS BLvO.
FOREST HILLS, NY 11375
VERIFICATION
STATE OF NEW YORK _ ) ss:
COUNTY OF QUEENS )
ANGELINA TIRADO, being duly sworn, deposes and says: that
deponent is one of the plaintiffs in the within action; that deponent has read the
foregoing COMPLAINT and knows the contents thereof; that the same is true to
deponent's own knowledge, except as to the matters therein stated to be alleged upon
information and belief, and that as to those matters, deponent believes them to be true.
Keak TIRADO
i NOTARY PUBLIC
GERAD CHIARIE
NOTARY PUBLIC, State of New York
0
10,
Qualified in'N; p
Commission Eeonaesay County 20/7)
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CHIARIELLO & CHIARIELLO N@-21 QUEENS BLVD. FOREST HILLS, NY 11375 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ANGELINA TIRADO, Index No. Plaintiffs, -against- Date Filed: BRUNSWICK WOODHAVEN LANES, Defendant. SUMMONS To the above named defendant(s): YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorney an answer to the complaint in this action within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you for the relief demanded in the complaint. The basis of the venue designated is the residence of the plaintiff(s) which is: 95-24 102" Street, Ozone Park, New York 11416. Dated: Forest Hills, New York January 4, 2007 GERALD CHIARIELLO / CHIARIELLO & CHIARIELLO “ — Attorneys for Plaintiffs) ANGELINA TIRADO Office & P.O. Address 118-21 Queens Boulevard Forest Hills, New York 11375 (718) 261-5200 Defendants! Address: BRUNSWICK WOODHAVEN LANES 72-25 Woodhaven Boulevard Glendale, New York 11385 L:\Complaints\TIRADO(angelina).cp.wpdCHIARIELLO & CHIARIELLO 109-21 QUEENS BLVD, FOREST HILLS, NY 1375 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ANGELINA TIRADO, Index No. Plaintiff, -against- VERIFIED BRUNSWICK WOODHAVEN LANES, COMPLAINT Defendant. Plaintiff, by her attorneys, CHIARIELLO & CHIARIELLO, complaining of the defendant(s), respectfully alleges and sets forth as follows: 1. At all times hereinafter mentioned, the plaintiff was and still is a resident of the County of Queens, City of New York, State of New York. 2. That at all times hereinafter mentioned, upon information and belief, the defendant BRUNSWICK WOODHAVEN LANES is a domestic corporation duly organized and existing under the laws of the State of New York with its principal place of business located at 72-25 Woodhaven Boulevard, Glendale, County of Queens, City and State of New York. 3. That at all times hereinafter mentioned, upon information and belief, the defendant BRUNSWICK WOODHAVEN LANES is a foreign corporation authorized to do business within the State of New York. 4. That at all times hereinafter mentioned, upon information and belief, the defendant BRUNSWICK WOODHAVEN LANES was the owner, lessee, permittee or otherwise in possession and control of the bowling alley located at 72-25 Woodhaven Boulevard, Glendale, County of Queens, City and State of New York. 5. That at all times hereinafter mentioned, upon information and belief, the defendant BRUNSWICK WOODHAVEN LANES undertook and obligated itself to patrons of its said bowling alley to maintain and operate the aforesaid bowling alley with a due and proper regard for the safety of its patrons and invitees. The defendant negligently, carelessly and recklessly disregarded its duty to protect the plaintiff, ANGELINA TIRADO, from the unreasonable risk of harm: in creating and/or maintaining, a metal, top step pad, tread, descending to Lanes 31 & 32 where plaintiff was assigned to bowl; in failing to repair said step which had a screw/nail protruding from the metal stair/step pad tread which was loose; in failing to warn the plaintiff of the negligent condition of such stair step; in failing to repair and/or correct the dangerous and tripping condition of the aforesaid step; in repairing and/or correcting the tripping and hazardous condition of the aforesaid step in an improperCHIARIELLO & CHIARIELLO 8-21 QUEENS BLVD. FOREST HILLS, NY 1375 and negligent manner; in creating and/or maintaining a trap endangering the plaintiff; in failing to properly advise and train its agents, servants and/or employees of the proper techniques for the maintenance and repair of the subject stair to the bowling alleys; in negligently installing such step pads; in installing improper step pads on such stairs; in failing to supervise its agents, servants and/or employees in the installation of such step pads; in failing to perceive the dangerous and tripping condition of the aforesaid step; and in possessing, controlling and maintaining its premises in such a negligent, reckless and careless manner as to cause the plaintiff, ANGELINA TIRADO, to trip and fall and suffer the serious injuries hereinafter alleged. 6. That on the 5" day of November, 2006 at approximately 1:00 a.m. while the plaintiff ANGELINA TIRADO was lawfully upon the aforesaid premises, she was caused to trip and fall due to the negligence of the defendant, its agents, servants and/or employees. 7. That upon information and belief, at the time and place as aforesaid, the defendant created and had actual knowledge and notice of the dangerous condition or the same had existed for a sufficient length of time prior to the happening of the accident herein alleged; that the defendant, its agents, servants and/or employees could and should have had knowledge and notice of same. 8. That the accident herein and the injuries and damages sustained by this plaintiff as a result thereof were due solely and wholly to the negligence of the defendant, its agents, servants and/or employees, and without fault or want of care on the part of the plaintiff contributing thereto. 9. That as a result of the negligence of the defendant, its agents, servants and/or employees, this plaintiff was rendered sick, sore, lame and disabled; was forced to be hospitalized; suffered severe and serious injuries to and about her right ankle, body and limbs; was forced to undergo extensive medical care and attention and may in the future be compelled to undergo additional medical care and attention; was forced to expend various sums of money for said medical care and attention and may in the future be compelled to expend additional monies for medical care and attention; suffered severe injuries, some of which may, upon information and belief, be permanent and lasting in nature; was forced to lose time from her vocation; and was forced to abstain from her normal daily activities and her enjoyment of life. 10. Due to the negligent, reckless and careless conduct of the defendant, the plaintiff, ANGELINA TIRADO, suffered serious, severe, and upon information and belief, permanent personal injuries and resultant pain and suffering all 2CHIARIELLO & CHIARIELLO e-21 QUEENS BLVD. FOREST HILLS, NY 1375 to her damage in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREF ORE, plaintiff demands judgment against the defendant set forth above in a sum greater than the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: Forest Hills, New York January 4, 2007 Yours, e£c.. - 5 7 GERALD CHIARIELLO / CHIARIELLO & CHIARIELLO / Attorneys for Plaintiff(s) ANGELINA TIRADO Office & P.O. Address 118-21 Queens Boulevard Forest Hills, New York 11375 (718) 261-5200 LAComplaints\TIRADO(angelina).cp.wpdCHIARIELLO & CHIARIELLO ne-2s QUEENS BLvO. FOREST HILLS, NY 11375 VERIFICATION STATE OF NEW YORK _ ) ss: COUNTY OF QUEENS ) ANGELINA TIRADO, being duly sworn, deposes and says: that deponent is one of the plaintiffs in the within action; that deponent has read the foregoing COMPLAINT and knows the contents thereof; that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters, deponent believes them to be true. Keak TIRADO i NOTARY PUBLIC GERAD CHIARIE NOTARY PUBLIC, State of New York 0 10, Qualified in'N; p Commission Eeonaesay County 20/7)