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SUPREME COURT OF THE STATE OF NEW YORK Index No.: 15011212008
COUNTY OF NEW YORK
---------------------------------------------------------------------)( SUPPLEMENTAL
MILAGROS CASTILLO,
SUMMONS
Plaintiff designates NEW
Plaintiffls), YORK County as the place of
trial.
-against-
The basis of venue is:
Plaintiff's residence
RUBIN PIKUS ASSOCIATES, L.P., ALEJANDRO
FURNITURE CORP., and DYCKMAN ELECTRONICS Plaintiff resides at:
E)(PRESS, INC.
600 West 178th Street, #54
New York, NY 10033
Defendant(s). County 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 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,
MayS,200S
NEW YORK
&fA
~R~orbe~rt~M'.'G""o~l"T1dh;-aTb-er-,TE"s-q-.
----==-Â
Goldhaber, Weber & Goldhaber, Esqs.
Attorneys for Plaintiff
MILAGROS CASTILLO
305 Broadway, Suite 202
New York, NY 10007
(212)226-6624
Our File No. 07-0047
TO: RUBIN PIKUS ASSOCIATES, L.P.
C/O MILLBROOK PROPERTIES, LTD.
42 Bayview Avenue
Manhasset,. New York 11030
ALEJANDRO FURNITURE CORP.
4955 Broadway
New York, NY 10034
DYCKMAN ELECTRONICS EXPRESS, INC.
1406 St. Nicholas Avenue
New York, NY 10033
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------)(
MILAGROS CASTILLO, Index No.: 150112/2008
Plaintiftts),
VERIFIED AMENDED
-against- COMPLAINT
RUBIN PIKUS ASSOCIATES, L.P., ALEJANDRO
FURNITURE CORP., and DYCKMAN ELECTRONICS
EXPRESS, INC. ,
Defendant(s).
----------------------------------------------------------------------)(
Plaintiff, by her attorneys, GOLDHABER, WEBER & GOLDHABER, complaining of
the defendants, respectfully alleges, upon information and belief, as follows:
1. That at all times hereinafter mentioned, the plaintiffwas, and still is a resident of the
County ofNew York, City and State ofNew York.
2. That at all times hereinafter mentioned, defendant RUBIN PIKUS ASSOCIATES,
L.P.(hereinafter "PIKUS") was and still is a Limited Partnership, duly organized and existing under
and by virtue of the laws ofthe State ofNew York.
3. That on August 29, 2007, and at all times herein mentioned, defendant "PIKUS"
owned the premises and the appurtenances and fixtures thereto located at 1406 St. Nicholas
Avenue, in the County of New York, City and State of New York.
4. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises
were operated by the defendant "PIKUS" t its agents, servants and/or employees.
5. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises
were managed by the defendant "PIKUS" its agents, servants and/or employees.
6. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises
were controlled by the defendant "PIKUS" its agents, servants and/or employees.
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7. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises
were maintained by the defendant "PIKUS" its agents, servants and/or employees.
8. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises
were inspected and repaired by the defendant "PIKUS" its agents, servants and/or employees.
9. That at all times hereinafter mentioned, defendant ALEJANDRO FURNITURE
CORP. (hereinafter "ALEJANDRO") was and still is a domestic corporation, duly organized and
existing under and by virtue of the laws of the State ofNew York.
10. That on August 29, 2007, and at all times herein mentioned, defendant
"ALEJANDRO" operated a certain furniture store at 1406 St. Nicholas Avenue, in the County
of New York, City and State of New York.
11. That on August 29, 2007 , and' at all times herein mentioned, defendant
"ALEJANDRO" leased the aforesaid premises from defendant "MILLBROOK".
12. That on August 29, 2007, and at all times herein mentioned, defendant
"ALEJANDRO" sub-leased the aforesaid premises from defendant DYCKMAN ELECTRONICS
EXPRESS, INC ..
13. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises
were managed by the defendant" "ALEJANDRO" its agents, servants and/or employees.
14. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises
were controlled by the defendant "ALEJANDRO"" its agents, servants and/or employees.
15. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises
were maintained by the defendant "ALEJANDRO" its agents, servants and/or employees.
16. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises
were inspected and repaired by the defendant "ALEJANDRO" its agents, servants and/or
employees.
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17. That at alltimes hereinafter mentioned, defendant DYCKMAN ELECTRONICS
EXPRESS, INC. (hereinafter "DYCKMAN") was and still is a domestic corporation, duly organized
and existing under and by virtue of the laws of the State ofNew York.
18. That at all times hereinafter mentioned, defendant "DYCKMAN" leased the
aforesaid premises known as 1406 St. Nicholas Avenue, New York, New York from defendant
"MILLBROOK" .
19. That at all times hereinafter mentioned, defendant "DYCKMAN" sub-leased the
aforesaid premises known as 1406 St. Nicholas Avenue, New York, New York to defendant
"ALEJANDRO" .
20. That at all times hereinafter mentioned, defendant "DYCKMAN" operated an
electronics store at the aforesaid location.
21. That at all times hereinafter mentioned, the defendant "MILLBROOK" made
special use of the public sidewalk, in front of, and directly adjacent to the premises 1406 St.
Nicholas Avenue, New York, New York.
22. That at all times hereinafter mentioned, the defendant "ALEJANDRO" made
special use of the public sidewalk, in front of, and directly adjacent to the premises 1406 St.
Nicholas Avenue, New York, New York.
23. That at all tinles hereinafter mentioned, the defendant" DYCKMAN" made special
use of the public sidewalk, in front of, and directly adjacent to the premises 1406 St. Nicholas
Avenue, New York, New York.
24. That at all times hereinafter mentioned, the aforesaid special use of the public
sidewalk consisted of a built up and raised section of the sidewalk located in front of, and directly
adjacent to the premises 1406 St. Nicholas Avenue, New York, New York.
25. On August 29, 2007 the plaintiff was lawfully walking on the public sidewalk
adjacent to the aforesaid premises.
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26. That on August 29, 2007, the plaintiff was a lawful pedestrian on the public
sidewalk immediately in front of and adjoining the aforesaid premises when she caused to trip and
fall due to uneven, raised, and/or defective portion of the public sidewalk.
27. That as a result of the aforesaid fall, plaintiff was caused to sustain severe, serious
and permanent injuries.
28. The above mentioned occurrence, and the results thereof, were caused by the
negligence of the defendant and/or said defendants servants, agents, employees and/or licensees
in the ownership, operation, management, maintenance, repair and control of the aforesaid
premises.
29. That the aforesaid portion of the public sidewalk constituted a defective and
dangerous condition.
30. That the defendants failed to warn the plaintiff of the aforesaid dangerous and
defective condition.
31. That, upon information and belief, the defendants had actual notice of this defective
and dangerous condition prior to the accident.
32. That, upon information and belief, the defendants had constructive notice of this
dangerous and defective condition prior to the accident.
33. That no negligence on the part of the plaintiff contributed to the occurrence alleged
herein in any manner whatsoever.
34. That at all times mentioned herein, the defendants are liable for the maintenance,
inspection, construction and repair of the aforesaid public sidewalk.
35. That by reason of the foregoing, the plaintiff was caused to sustain serious injuries
and to have suffered pain, shock, mental anguish; that these injuries and their effects will be
permanent; and as a result of said injuries the plaintiff has been caused to incur, and will continue
to incur, expenses for medical care and attention; and, as a further result, the plaintiff was, and
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will continue to be, rendered unable to perform plaintiff's normal activities and duties and has
sustained a resultant loss therefrom.
36. That by reason of the foregoing, the plaintiff was damaged in an amount that
exceeds the monetary jurisdiction of all lower courts of this State that otherwise would have had
jurisdiction in this matter.
WHEREFORE, the plaintiff demands judgment against the defendants in an amount that
exceeds the monetary jurisdiction of all lower courts of this State that otherwise would have had
jurisdiction in this matter, together with costs and disbursements of this action.
Robert M. Goldhaber, Esq.
Goldhaber, Weber & Goldhaber, Esqs.
Attorneys for Plaintiff
MILAGROS CASTILLO
305 Broadway, Suite 202
New York, NY 10007
(212)226-6624
Our File No. 07-0047
5
PLAINTIFF VERIFICATION
STATE OF NEW YORK
ss:
COUNTY OF NEW YORK
MILAGROS CASTILLO, being duly sworn, says:
I am a Plail1tiff in the action herein: I have read the annexed COMPLAINT and Know
the contents thereof, and the same are true to my knowledge, except those matters therein which
are stated to be alleged upon information and belief, and as to those matters I believe them to be
true. My belief as to those matters therein not stated upon knowledge, is based upon facts,
records, and other pertinent information contained in my personal files.
Dated: New York, New York
~ ,2008
'x~.•. ~~
MILAGROS CASTILLO
~om to before me this
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Preview
SUPREME COURT OF THE STATE OF NEW YORK Index No.: 15011212008 COUNTY OF NEW YORK ---------------------------------------------------------------------)( SUPPLEMENTAL MILAGROS CASTILLO, SUMMONS Plaintiff designates NEW Plaintiffls), YORK County as the place of trial. -against- The basis of venue is: Plaintiff's residence RUBIN PIKUS ASSOCIATES, L.P., ALEJANDRO FURNITURE CORP., and DYCKMAN ELECTRONICS Plaintiff resides at: E)(PRESS, INC. 600 West 178th Street, #54 New York, NY 10033 Defendant(s). County 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 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, MayS,200S NEW YORK &fA ~R~orbe~rt~M'.'G""o~l"T1dh;-aTb-er-,TE"s-q-. ----==- Goldhaber, Weber & Goldhaber, Esqs. Attorneys for Plaintiff MILAGROS CASTILLO 305 Broadway, Suite 202 New York, NY 10007 (212)226-6624 Our File No. 07-0047 TO: RUBIN PIKUS ASSOCIATES, L.P. C/O MILLBROOK PROPERTIES, LTD. 42 Bayview Avenue Manhasset,. New York 11030 ALEJANDRO FURNITURE CORP. 4955 Broadway New York, NY 10034 DYCKMAN ELECTRONICS EXPRESS, INC. 1406 St. Nicholas Avenue New York, NY 10033 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------)( MILAGROS CASTILLO, Index No.: 150112/2008 Plaintiftts), VERIFIED AMENDED -against- COMPLAINT RUBIN PIKUS ASSOCIATES, L.P., ALEJANDRO FURNITURE CORP., and DYCKMAN ELECTRONICS EXPRESS, INC. , Defendant(s). ----------------------------------------------------------------------)( Plaintiff, by her attorneys, GOLDHABER, WEBER & GOLDHABER, complaining of the defendants, respectfully alleges, upon information and belief, as follows: 1. That at all times hereinafter mentioned, the plaintiffwas, and still is a resident of the County ofNew York, City and State ofNew York. 2. That at all times hereinafter mentioned, defendant RUBIN PIKUS ASSOCIATES, L.P.(hereinafter "PIKUS") was and still is a Limited Partnership, duly organized and existing under and by virtue of the laws ofthe State ofNew York. 3. That on August 29, 2007, and at all times herein mentioned, defendant "PIKUS" owned the premises and the appurtenances and fixtures thereto located at 1406 St. Nicholas Avenue, in the County of New York, City and State of New York. 4. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises were operated by the defendant "PIKUS" t its agents, servants and/or employees. 5. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises were managed by the defendant "PIKUS" its agents, servants and/or employees. 6. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises were controlled by the defendant "PIKUS" its agents, servants and/or employees. 1 , I I I L 7. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises were maintained by the defendant "PIKUS" its agents, servants and/or employees. 8. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises were inspected and repaired by the defendant "PIKUS" its agents, servants and/or employees. 9. That at all times hereinafter mentioned, defendant ALEJANDRO FURNITURE CORP. (hereinafter "ALEJANDRO") was and still is a domestic corporation, duly organized and existing under and by virtue of the laws of the State ofNew York. 10. That on August 29, 2007, and at all times herein mentioned, defendant "ALEJANDRO" operated a certain furniture store at 1406 St. Nicholas Avenue, in the County of New York, City and State of New York. 11. That on August 29, 2007 , and' at all times herein mentioned, defendant "ALEJANDRO" leased the aforesaid premises from defendant "MILLBROOK". 12. That on August 29, 2007, and at all times herein mentioned, defendant "ALEJANDRO" sub-leased the aforesaid premises from defendant DYCKMAN ELECTRONICS EXPRESS, INC .. 13. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises were managed by the defendant" "ALEJANDRO" its agents, servants and/or employees. 14. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises were controlled by the defendant "ALEJANDRO"" its agents, servants and/or employees. 15. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises were maintained by the defendant "ALEJANDRO" its agents, servants and/or employees. 16. That on August 29, 2007, and at all times herein mentioned, the aforesaid premises were inspected and repaired by the defendant "ALEJANDRO" its agents, servants and/or employees. 2 17. That at alltimes hereinafter mentioned, defendant DYCKMAN ELECTRONICS EXPRESS, INC. (hereinafter "DYCKMAN") was and still is a domestic corporation, duly organized and existing under and by virtue of the laws of the State ofNew York. 18. That at all times hereinafter mentioned, defendant "DYCKMAN" leased the aforesaid premises known as 1406 St. Nicholas Avenue, New York, New York from defendant "MILLBROOK" . 19. That at all times hereinafter mentioned, defendant "DYCKMAN" sub-leased the aforesaid premises known as 1406 St. Nicholas Avenue, New York, New York to defendant "ALEJANDRO" . 20. That at all times hereinafter mentioned, defendant "DYCKMAN" operated an electronics store at the aforesaid location. 21. That at all times hereinafter mentioned, the defendant "MILLBROOK" made special use of the public sidewalk, in front of, and directly adjacent to the premises 1406 St. Nicholas Avenue, New York, New York. 22. That at all times hereinafter mentioned, the defendant "ALEJANDRO" made special use of the public sidewalk, in front of, and directly adjacent to the premises 1406 St. Nicholas Avenue, New York, New York. 23. That at all tinles hereinafter mentioned, the defendant" DYCKMAN" made special use of the public sidewalk, in front of, and directly adjacent to the premises 1406 St. Nicholas Avenue, New York, New York. 24. That at all times hereinafter mentioned, the aforesaid special use of the public sidewalk consisted of a built up and raised section of the sidewalk located in front of, and directly adjacent to the premises 1406 St. Nicholas Avenue, New York, New York. 25. On August 29, 2007 the plaintiff was lawfully walking on the public sidewalk adjacent to the aforesaid premises. 3 26. That on August 29, 2007, the plaintiff was a lawful pedestrian on the public sidewalk immediately in front of and adjoining the aforesaid premises when she caused to trip and fall due to uneven, raised, and/or defective portion of the public sidewalk. 27. That as a result of the aforesaid fall, plaintiff was caused to sustain severe, serious and permanent injuries. 28. The above mentioned occurrence, and the results thereof, were caused by the negligence of the defendant and/or said defendants servants, agents, employees and/or licensees in the ownership, operation, management, maintenance, repair and control of the aforesaid premises. 29. That the aforesaid portion of the public sidewalk constituted a defective and dangerous condition. 30. That the defendants failed to warn the plaintiff of the aforesaid dangerous and defective condition. 31. That, upon information and belief, the defendants had actual notice of this defective and dangerous condition prior to the accident. 32. That, upon information and belief, the defendants had constructive notice of this dangerous and defective condition prior to the accident. 33. That no negligence on the part of the plaintiff contributed to the occurrence alleged herein in any manner whatsoever. 34. That at all times mentioned herein, the defendants are liable for the maintenance, inspection, construction and repair of the aforesaid public sidewalk. 35. That by reason of the foregoing, the plaintiff was caused to sustain serious injuries and to have suffered pain, shock, mental anguish; that these injuries and their effects will be permanent; and as a result of said injuries the plaintiff has been caused to incur, and will continue to incur, expenses for medical care and attention; and, as a further result, the plaintiff was, and 4 will continue to be, rendered unable to perform plaintiff's normal activities and duties and has sustained a resultant loss therefrom. 36. That by reason of the foregoing, the plaintiff was damaged in an amount that exceeds the monetary jurisdiction of all lower courts of this State that otherwise would have had jurisdiction in this matter. WHEREFORE, the plaintiff demands judgment against the defendants in an amount that exceeds the monetary jurisdiction of all lower courts of this State that otherwise would have had jurisdiction in this matter, together with costs and disbursements of this action. Robert M. Goldhaber, Esq. Goldhaber, Weber & Goldhaber, Esqs. Attorneys for Plaintiff MILAGROS CASTILLO 305 Broadway, Suite 202 New York, NY 10007 (212)226-6624 Our File No. 07-0047 5 PLAINTIFF VERIFICATION STATE OF NEW YORK ss: COUNTY OF NEW YORK MILAGROS CASTILLO, being duly sworn, says: I am a Plail1tiff in the action herein: I have read the annexed COMPLAINT and Know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my personal files. Dated: New York, New York ~ ,2008 'x~.•. ~~ MILAGROS CASTILLO ~om to before me this q ~y of , v:~qcr= ~ R~)5EqT GO,-C':';ABER St~:LS- Pur /;(; N'Jt3.rv -:..~ ~\l2-'{::t Ycrk ' NCI. 50G7':'27 ::'; QL.:3U"i:~c ir, )'~,~·,,'I·(()rj·;· c(.~:~tv ~.·'6rtif.c)l~~i.':::i ,I' r~ .. w y'r)'~ COLntr\J It . . J...... ~onirnls3i011 b:::JJfe~ ~!C I~ 1- ~P.Y 0 J