Preview
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS Date Purchased:
---------- ------ --------------------------------X
MARTELL MITCHELL SUMMONS
Plaintiff(s), Plaintiff designates Kings
County as the place of trial.
-against-
The basis of venue is:
RGP MANAGEMENT REALTY #A AND plaintiffs residence
BWAY-PILLING LAUNDROMAT, INC
Plaintiff resides at:
Defendant(s). 13 Pilling Street
----------------------- -------------------X
Brooklyn, NY 11207
County of Kings
To the above named Dcfêñdants:
You are hereby sum===êd 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 appearañce
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 reâññêr. 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, NY
December 31, 2019
Michael A. Barnett, Esq.
GREENSTEIN & MILBAUER, LLP
Attorney for Plaintiff
MARTELL MITCHELL
1825 Park Avenue, 9th Floor
New York, NY 10035
(212) 685-8500
Our File No. 17741
TO: RGP MANAGEMENT REALTY #A
1785 Broadway
Brooklyn, NY 11207
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BWAY-PILLING LAUNDROMAT, INC
1785 Broadway
Brooklyn, NY 11207
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.:
------------------------
X Date Purchased:
MARTELL MITCHELL
VERIFIED
Plaintiff(s), COMPLAINT
-against-
RGP MANAGEMENT REALTY #A AND
BWAY-PILLING LAUNDROMAT, INC
Defendant(s).
-- ---------
----X
Plaintiff, MARTELL MITCHELL by his attorneys, GREENSTEIN & MILBAUER,
LLP, complaining of the Defendants, respectfully allege, upon information and belief, as follows:
1. That at all times herein mentioned, the Plaintiff was, and still is a resident of the
County of Kings, State of New York.
2. That at all times herein mentioned, the Defendant RGP MANAGEMENT
REALTY #A was and still is a domestic corporation, duly orgiulized and existing
under and by virtue of the laws of the State of New York.
3. That at all times herein mentioned, the Defendant RGP MANAGEMENT
REALTY #A was and still is a foreign corporation duly authorized to do business
in the State of New York.
4. That at all times herein mentioned, the Defendant RGP MANAGEMENT
REALTY #A, maintaliled a principal place of business in the County of Kings,
State of New York.
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5. That at all times herein mentioned, the Defendant BWAY-PILLING
LAUNDROMAT, INC was and still is a domestic corporation duly organized
and existing under and by virtue of the laws of the State of New York.
6. That at all times herein mentioned, the Defendant BWAY-PILLING
LAUNDROMAT, INC was and still is a foreign corporation duly authorized to
do business in the State of New York.
7. That at all times herein mentioned, the Defendant, BWAY-PILLING
LAUNDROMAT, INC maintained a principal place of business in the County of
Kings, State of New York.
8. That at all times herein mentioned, the Defendant, RGP MANAGEMENT
REALTY #A owned the building, structure, premises and appurtêñances and
fixtures thereto, located at 1785 Broadway, Brooklyn, NY.
9. That at all times herein mentioned, and upon information and belief, the
Defendant, RGP MANAGEMENT REALTY #A operated the aforesaid
premises.
10. That at all times herein mentioned, and upon information and belief, the
Defendant, RGP MANAGEMENT REALTY #A managed the aforesaid
premises.
11. That at all times herein mentioned, and upon information and belief, the
Defendant, RGP MANAGEMENT REALTY #A controlled the aforesaid
premises.
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12. That at all times herein mentioned, and upon information and belief, the
Defendant, RGP MANAGEMENT REALTY #A maintained the aforesaid
premises.
13. That at all times herein mentioned, and upon information and belief, the
Defendant, RGP MANAGEMENT REALTY #A repaired the aforesaid
premises.
14. That on March 06, 2019, and at all times herein mentioned, it was the duty of
Defendant RGP MANAGEMENT REALTY #A to maintain the premises and
sidewalk abutting 1785 Broadway, in the County of Kings, State of New York, in
a reasonably safe condition.
15. That at all times herein mentioned, the Defendant, BWAY-PILLING
LAUNDROMAT, INC owned the building, structure, premises and
appurtenances and fixtures thereto, located at 1785 Broadway, Brooklyn, NY.
16. That at all times herein mentioned, and upon information and belief, the
Defendant, BWAY-PILLING LAUNDROMAT, INC operated the aforesaid
premises.
17. That at all times herein mentioned, and upon information and belief, the
Defendant, BWAY-PILLING LAUNDROMAT, INC mañaged the aforesaid
premises.
18. That at all times herein mentioned, and upon information and belief, the
Defendant, BWAY-PILLING LAUNDROMAT, INC controlled the aforesaid
premises.
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19. That at all times herein mentioned, and upon information and belief, the
Defendant, BWAY-PILLING LAUNDROMAT, INC maintained the aforesaid
premises.
20. That at all times herein mentioned, and upon information and belief, the
Defendant, BWAY-PILLING LAUNDROMAT, INC repaired the aforesaid
premises.
21. That at all times herein mentioned, and upon information and belief, the
Defendant, BWAY-PILLING LAUNDROMAT, INC leased the aforesaid
premises.
22. That on March 06, 2019, and at all times herein mentioned, it was the duty of
Defendant BWAY-PILLING LAUNDROMAT, INC to maintain the premises
and sidewalk abutting 1785 Broadway, in the County of Kings, State of New
York, in a reasonably safe condition.
23. On March 06, 2019 Plaintiff MARTELL MITCHELL was lawfully on the
sidewalk abutting the aforesaid premises located at 1785 Broadway, in the County
of Kings, State of New York.
24. On March 06, 2019, while Plaintiff MARTELL MITCHELL was lawfully on
the sidewalk abutting the aforesaid premises he was caused to trip and fall and be
violently precipitated to the ground as a result of the obstructed, cracked, broken,
uneven, raised, depressed, missing and/or deteriorated sidewalk by reason of the
negligence of the Defendants, their agents, servants and/or employees in the
ownership, operation, direction, supervision, possession and control of the said
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premiscs and sustained the injuries hereinafter set forth solely and wholly as a
result of the negligence of the Defendants as aforesaid.
25. On March 06, 2019, while Plaintiff MARTELL MITCHELL was lawfully on
the sidewalk abutting the aforesaid premises he was caused to slip and fall and be
violently precipitated to the ground as a result of snow and ice that had been
allowed to accumulate and remaiñ upon the premises by reason of the negligence
of the Defendants, their agents, servants and/or employees in the ownership,
operation, direction, supervision, possession and control of the said premises and
sustained the injuries herciñafter set forth solely and wholly as a result of the
negligence of the Defendants as aforesaid.
26. The above-mentioned occurreñce, and the results thereof, were caused by the
Defcñdañts'
joint, several and concurrent negligence of the Defendants and/or said
agents, servants, employees and/or licensees in the ownership, operation,
mañagemeñt, supervision, maiñtcñâñce, repair and control of the aforesaid
premises and abutting sidewalk.
27. That no negligence on the part of the Plaintiff MARTELL MITCHELL
contributed to the occurrence alleged herein in any manner whatsoever.
28. That upon information and belief, prior to the accident, in derogation of their
duties, defendants caused, permitted, and allowed hazardous, dangerous and
defective conditions to exist in and around the aforementioned sidewalk area, so
that it was dangerous to persons lawfully using same.
29. That upon information and belief, prior to the accident, defendants had knowledge
of the hazardous, dangerous and defective conditions or that same had existed for
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so long a period of time that they should have known of the existence of said
conditions in time to have made said area safe before the occurreñce of the
accident herein alleged.
30. That by reason of the foregoing, Plaintiff MARTELL MITCHELL was caused
to sustaiñ serious injuries and to have suffered pain, shock and mental anguish;
that these injuries and their effects will be permañeñt; and as a result of said
injuries Plaintiff has been caused to incur, and will continue to incur, expenses for
medical care and attention; and, as a further result, Plaintiff was, and will continue
to be, rendered unable to perform Plaintiffs normal activities and duties and has
sustained a resultant loss therefrom.
31. That this action falls within one or more of the exemptions set forth in CPLR
1602, including 1602 (2) and (7).
32. That as a result of the foregoing, Plaintiff MARTELL MITCHELL was
damaged in a sum which exceeds the jurisdictional limits of all lower courts
which would otherwise have jurisdiction.
WHEREFORE, Plaintiff MARTELL MITCHELL demands judgmeñt against the
Defendants herein, in a sum exceeding the jurisdictional limits of all lower courts which would
otherwise have jurisdiction, together with the costs and disbursements of this action.
Dated: New York, NY
December 31, 2019
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Yours, etc.
Michael A. Barnett, Esq.
GREENSTEIN & MILBAUER, LLP
Attorney for Plaintiff
MARTELL MITCHELL
1825 Park Avenue, 9th Floor
New York, NY 10035
(212) 685-8500
Our File No. 17741
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ATTORNEY'S VERIFICATION
MICHAEL A. BARNETT, an attorney duly admitted to practice before the Courts of
the State of New York, affirms the following to be true under the penalties of perjury: I am an
attorney at GREENSTEIN & MILBAUER, LLP, attorneys of record for Plaintiff, MARTELL
MITCHELL. 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 files.
This Verification is made by me because Plaintiff is not presently in the county wherein I
maintain my offices.
DATED: New York, NY
December 31, 2019
MICITAEL A. BARNETT
10
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CERTIFICATION
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice in
the Courts of New York State, certifies that, upon information and belief and reasonable inquiry,
the contentions contained in the annexed SUMMONS & VERIFIED COMPLAINT are not
frivolous.
Dated: NEW YORK, NY
December 31, 2019
Yours, etc.
Michael A. Barnett, Esq.
GREENSTEIN & MILBAUER, LLP
Attorney for Plaintiff
MARTELL MITCHELL
1825 Park Avenue, 9th Floor
New York, NY 10035
(212) 685-8500
Our File No: 17741
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Preview
FILED: KINGS COUNTY CLERK 12/31/2019 11:50 AM INDEX NO. 528282/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS Date Purchased: ---------- ------ --------------------------------X MARTELL MITCHELL SUMMONS Plaintiff(s), Plaintiff designates Kings County as the place of trial. -against- The basis of venue is: RGP MANAGEMENT REALTY #A AND plaintiffs residence BWAY-PILLING LAUNDROMAT, INC Plaintiff resides at: Defendant(s). 13 Pilling Street ----------------------- -------------------X Brooklyn, NY 11207 County of Kings To the above named Dcfêñdants: You are hereby sum===êd 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 appearañce 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 reâññêr. 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, NY December 31, 2019 Michael A. Barnett, Esq. GREENSTEIN & MILBAUER, LLP Attorney for Plaintiff MARTELL MITCHELL 1825 Park Avenue, 9th Floor New York, NY 10035 (212) 685-8500 Our File No. 17741 TO: RGP MANAGEMENT REALTY #A 1785 Broadway Brooklyn, NY 11207 1 of 11 FILED: KINGS COUNTY CLERK 12/31/2019 11:50 AM INDEX NO. 528282/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 BWAY-PILLING LAUNDROMAT, INC 1785 Broadway Brooklyn, NY 11207 2 of 11 FILED: KINGS COUNTY CLERK 12/31/2019 11:50 AM INDEX NO. 528282/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: ------------------------ X Date Purchased: MARTELL MITCHELL VERIFIED Plaintiff(s), COMPLAINT -against- RGP MANAGEMENT REALTY #A AND BWAY-PILLING LAUNDROMAT, INC Defendant(s). -- --------- ----X Plaintiff, MARTELL MITCHELL by his attorneys, GREENSTEIN & MILBAUER, LLP, complaining of the Defendants, respectfully allege, upon information and belief, as follows: 1. That at all times herein mentioned, the Plaintiff was, and still is a resident of the County of Kings, State of New York. 2. That at all times herein mentioned, the Defendant RGP MANAGEMENT REALTY #A was and still is a domestic corporation, duly orgiulized and existing under and by virtue of the laws of the State of New York. 3. That at all times herein mentioned, the Defendant RGP MANAGEMENT REALTY #A was and still is a foreign corporation duly authorized to do business in the State of New York. 4. That at all times herein mentioned, the Defendant RGP MANAGEMENT REALTY #A, maintaliled a principal place of business in the County of Kings, State of New York. 3 of 11 FILED: KINGS COUNTY CLERK 12/31/2019 11:50 AM INDEX NO. 528282/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 5. That at all times herein mentioned, the Defendant BWAY-PILLING LAUNDROMAT, INC was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 6. That at all times herein mentioned, the Defendant BWAY-PILLING LAUNDROMAT, INC was and still is a foreign corporation duly authorized to do business in the State of New York. 7. That at all times herein mentioned, the Defendant, BWAY-PILLING LAUNDROMAT, INC maintained a principal place of business in the County of Kings, State of New York. 8. That at all times herein mentioned, the Defendant, RGP MANAGEMENT REALTY #A owned the building, structure, premises and appurtêñances and fixtures thereto, located at 1785 Broadway, Brooklyn, NY. 9. That at all times herein mentioned, and upon information and belief, the Defendant, RGP MANAGEMENT REALTY #A operated the aforesaid premises. 10. That at all times herein mentioned, and upon information and belief, the Defendant, RGP MANAGEMENT REALTY #A managed the aforesaid premises. 11. That at all times herein mentioned, and upon information and belief, the Defendant, RGP MANAGEMENT REALTY #A controlled the aforesaid premises. 4 of 11 FILED: KINGS COUNTY CLERK 12/31/2019 11:50 AM INDEX NO. 528282/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 12. That at all times herein mentioned, and upon information and belief, the Defendant, RGP MANAGEMENT REALTY #A maintained the aforesaid premises. 13. That at all times herein mentioned, and upon information and belief, the Defendant, RGP MANAGEMENT REALTY #A repaired the aforesaid premises. 14. That on March 06, 2019, and at all times herein mentioned, it was the duty of Defendant RGP MANAGEMENT REALTY #A to maintain the premises and sidewalk abutting 1785 Broadway, in the County of Kings, State of New York, in a reasonably safe condition. 15. That at all times herein mentioned, the Defendant, BWAY-PILLING LAUNDROMAT, INC owned the building, structure, premises and appurtenances and fixtures thereto, located at 1785 Broadway, Brooklyn, NY. 16. That at all times herein mentioned, and upon information and belief, the Defendant, BWAY-PILLING LAUNDROMAT, INC operated the aforesaid premises. 17. That at all times herein mentioned, and upon information and belief, the Defendant, BWAY-PILLING LAUNDROMAT, INC mañaged the aforesaid premises. 18. That at all times herein mentioned, and upon information and belief, the Defendant, BWAY-PILLING LAUNDROMAT, INC controlled the aforesaid premises. 5 of 11 FILED: KINGS COUNTY CLERK 12/31/2019 11:50 AM INDEX NO. 528282/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 19. That at all times herein mentioned, and upon information and belief, the Defendant, BWAY-PILLING LAUNDROMAT, INC maintained the aforesaid premises. 20. That at all times herein mentioned, and upon information and belief, the Defendant, BWAY-PILLING LAUNDROMAT, INC repaired the aforesaid premises. 21. That at all times herein mentioned, and upon information and belief, the Defendant, BWAY-PILLING LAUNDROMAT, INC leased the aforesaid premises. 22. That on March 06, 2019, and at all times herein mentioned, it was the duty of Defendant BWAY-PILLING LAUNDROMAT, INC to maintain the premises and sidewalk abutting 1785 Broadway, in the County of Kings, State of New York, in a reasonably safe condition. 23. On March 06, 2019 Plaintiff MARTELL MITCHELL was lawfully on the sidewalk abutting the aforesaid premises located at 1785 Broadway, in the County of Kings, State of New York. 24. On March 06, 2019, while Plaintiff MARTELL MITCHELL was lawfully on the sidewalk abutting the aforesaid premises he was caused to trip and fall and be violently precipitated to the ground as a result of the obstructed, cracked, broken, uneven, raised, depressed, missing and/or deteriorated sidewalk by reason of the negligence of the Defendants, their agents, servants and/or employees in the ownership, operation, direction, supervision, possession and control of the said 6 of 11 FILED: KINGS COUNTY CLERK 12/31/2019 11:50 AM INDEX NO. 528282/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 premiscs and sustained the injuries hereinafter set forth solely and wholly as a result of the negligence of the Defendants as aforesaid. 25. On March 06, 2019, while Plaintiff MARTELL MITCHELL was lawfully on the sidewalk abutting the aforesaid premises he was caused to slip and fall and be violently precipitated to the ground as a result of snow and ice that had been allowed to accumulate and remaiñ upon the premises by reason of the negligence of the Defendants, their agents, servants and/or employees in the ownership, operation, direction, supervision, possession and control of the said premises and sustained the injuries herciñafter set forth solely and wholly as a result of the negligence of the Defendants as aforesaid. 26. The above-mentioned occurreñce, and the results thereof, were caused by the Defcñdañts' joint, several and concurrent negligence of the Defendants and/or said agents, servants, employees and/or licensees in the ownership, operation, mañagemeñt, supervision, maiñtcñâñce, repair and control of the aforesaid premises and abutting sidewalk. 27. That no negligence on the part of the Plaintiff MARTELL MITCHELL contributed to the occurrence alleged herein in any manner whatsoever. 28. That upon information and belief, prior to the accident, in derogation of their duties, defendants caused, permitted, and allowed hazardous, dangerous and defective conditions to exist in and around the aforementioned sidewalk area, so that it was dangerous to persons lawfully using same. 29. That upon information and belief, prior to the accident, defendants had knowledge of the hazardous, dangerous and defective conditions or that same had existed for 7 of 11 FILED: KINGS COUNTY CLERK 12/31/2019 11:50 AM INDEX NO. 528282/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 so long a period of time that they should have known of the existence of said conditions in time to have made said area safe before the occurreñce of the accident herein alleged. 30. That by reason of the foregoing, Plaintiff MARTELL MITCHELL was caused to sustaiñ serious injuries and to have suffered pain, shock and mental anguish; that these injuries and their effects will be permañeñt; and as a result of said injuries Plaintiff has been caused to incur, and will continue to incur, expenses for medical care and attention; and, as a further result, Plaintiff was, and will continue to be, rendered unable to perform Plaintiffs normal activities and duties and has sustained a resultant loss therefrom. 31. That this action falls within one or more of the exemptions set forth in CPLR 1602, including 1602 (2) and (7). 32. That as a result of the foregoing, Plaintiff MARTELL MITCHELL was damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff MARTELL MITCHELL demands judgmeñt against the Defendants herein, in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: New York, NY December 31, 2019 8 of 11 FILED: KINGS COUNTY CLERK 12/31/2019 11:50 AM INDEX NO. 528282/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 Yours, etc. Michael A. Barnett, Esq. GREENSTEIN & MILBAUER, LLP Attorney for Plaintiff MARTELL MITCHELL 1825 Park Avenue, 9th Floor New York, NY 10035 (212) 685-8500 Our File No. 17741 9 of 11 FILED: KINGS COUNTY CLERK 12/31/2019 11:50 AM INDEX NO. 528282/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 ATTORNEY'S VERIFICATION MICHAEL A. BARNETT, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am an attorney at GREENSTEIN & MILBAUER, LLP, attorneys of record for Plaintiff, MARTELL MITCHELL. 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 files. This Verification is made by me because Plaintiff is not presently in the county wherein I maintain my offices. DATED: New York, NY December 31, 2019 MICITAEL A. BARNETT 10 10 of 11 FILED: KINGS COUNTY CLERK 12/31/2019 11:50 AM INDEX NO. 528282/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 CERTIFICATION Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney duly admitted to practice in the Courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed SUMMONS & VERIFIED COMPLAINT are not frivolous. Dated: NEW YORK, NY December 31, 2019 Yours, etc. Michael A. Barnett, Esq. GREENSTEIN & MILBAUER, LLP Attorney for Plaintiff MARTELL MITCHELL 1825 Park Avenue, 9th Floor New York, NY 10035 (212) 685-8500 Our File No: 17741 11 of 11