Preview
FILED: KINGS COUNTY CLERK 12/26/2019 01:26 PM INDEX NO. 528005/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
. X
ANDREW MITCHELL, SJJMMQNS
Plaintiff, Index No.:
-against- Kings
Venue; County
THE CITY OF NEW YORK, SAMARITAN DAYTOP Basis: Place Of Occurrence
VILLAGE, INC., SERA SECURITY SERVICES, LLC., and
DOEs"
"JOHN 1-5, the names being fictitious Incident Occurred At:
but who are intended to be the security officers who assaulted Forbell Men's Shelter, 338 Forbell
Plaintiff on May 14, 2019, Street, Brooklyn, New York
11208
Defendants.
X
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 entered with this summons, to serve a notice of
appearance, on the plaintiff's attorney, 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); 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: Brooklyn, New York
December 26, 2019
D J. HERNANDE SSOCIATES
B : av A. Bonilla, q.
torn ys for Plaaint
ANDR ITCHELL
26 Court Street, Suite 2707
Brooklyn, New York 11242
Tel.: (718) 522-0009
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DEFENDANTS'
ADDRESSES:
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
SAMARITAN DAYTOP VILLAGE, INC.
138-02 Queens Boulevard
Briarwood, New York 11435
SERA SECURITY SERVICES, LLC.
2804A Third Avenue
Bronx, New York 10455
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
X
ANDREW MITCHELL, Index No.
Plaintiff, VERIFIED COMPLAINT
-against-
THE CITY OF NEW YORK, SAMARITAN DAYTOP
VILLAGE, INC., SERA SECURITY SERVICES, LLC.,
DOEs"
and "JOHN 1-5, the names being fictitious but who
are intended to be the security officers who assaulted
Plaintiff on May 14, 2019,
Defendants.
X
Plaintiff, ANDREW MITCHELL, by his attorneys, DAVID J. HERNANDEZ &
ASSOCIATES, complaining of the Defendants alleges as follows:
PARTIES
1. That at all times hereinafter mentioned, Plaintiff, ANDREW MITCHELL, was a
resident of the County of Kings, City and State of New York.
2. That at all times hereinafter mentioned, Defendant, the CITY OF NEW YORK,
(hereinafter referred to as "CITY") was and still is a municipal corporation duly organized and
existing under and by virtue of the laws of the State of New York.
3. Pursuant to its Charter, the CITY has established and maintains a Department of
Homeless Services (hereinafter "DHS") as a constituent department or agency.
4. That at all times hereinafter mentioned, DHS was and still is an agency,
instrumentality, department and/or governmental corporation under the direction and control of
Defendant, the CITY.
5. That at all times hereinafter mentioned, Defendant, SAMARITAN DAYTOP
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VILLAGE, INC., (hereinafter referred to as "SAMARITAN VILLAGE") was and still is a
domestic not-for-profit corporation duly organized and existing under and by virtue of the laws of
the State of New York.
6. That at all times hereinafter mentioned, Defendant, SAMARITAN VILLAGE,
maintained its principal place of business in the County of Queens, City and State of New York.
7. That at all times hereinafter mentioned, Defendant, SERA SECURITY
SERVICES, LLC. (hereinafter referred to as "SERA"), was and still is a municipal corporation
duly organized and existing under and by virtue of the laws of the State of New York.
8. That at all times hereinafter mentioned, Defendant, SERA, maintained its principal
place of business in the County of Bronx, City and State of New York.
9. That at all times hereinafter mentioned, Defendants, "JOHN DOEs 1-5", were and
still are individuals residing in the City and State of New York.
10. That at all times hereinafter mentioned, Plaintiff, ANDREW MITCHELL, was an
individual who was under the custody, care and control of Defendants, as hereinafter set forth.
GENERAL MUNICIPAL LAW 50(E)
11. On August 8, 2019, Plaintiff duly served in writing upon the Office of the New
York City Comptroller his Notice of Claim in accordance with General Municipal Law 50(e), as
hereinafter described and set forth and upon which this action is founded for adjustment, and that
more than 30 days have elapsed since that presentation of the claim. (S_e_e, Notice of Claim,
annexed hereto Exhibit A).
12. Plaintiff's Notice of Claim was served and duly filed with the Office of the New
York City Comptroller within the time provided by law, and before the commencement of this
action.
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13. On October 25, 2019, Plaintiff's testimony was taken by the CITY at a hearing
pursuant to General Municipal Law 50-H.
14. This action was commenced within one year and ninety days after the cause of
action accrued.
AS AND FOR A FIRST CAUSE OF ACTION FOR ASSAULT AGAINST ALL
DEFENDANTS
15. Defendant, CITY and its DHS, at all times relevant hereto, owned a homeless
shelter known as the FORBELL MENS SHELTER (hereinafter "FORBELL"), located at 338
Forbell Street, Brooklyn, NY 11208.
16. Defendant, CITY and its DHS, at all times relevant hereto, operated the
FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208.
17. Defendant, CITY and its DHS, at all times relevant hereto, managed the
FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208.
18. Defendant, CITY and its DHS, at all times relevant hereto, maintained the
FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208.
19. Defendant, CITY and its DHS, at all times relevant hereto, controlled the
FORBELL homeless shelterlocated at 338 Forbell Street, Brooklyn, New York 11208.
20. Defendant, CITY and its DHS, at all times relevant hereto, inspected the
FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208.
21. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were employees of
defendant, the CITY.
22. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were agents of
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defendant, the CITY.
23. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were servants of
defendant, the CITY.
24. Defendant, the CITY, at all times relevant hereto, held itself out as duly qualified,
competent and capable of rendering and providing safe, secure and adequate housing
accommodations, free of physical harm and violence to its residents, including Plaintiff,
ANDREW MITCHELL, and for such purposes hired and/or retained the necessary staff, workers
and/or other necessary, personnel, technicians, employees, servants, and agents to providing
services at the FORBELL homeless shelter.
25. Defendant, the CITY, at all times relevant hereto, had a duty to keep and maintain
the FORBELL homeless shelter in a reasonably safe and secure condition for the residents thereof,
including Plaintiff, ANDREW MITHCELL, free of any threat of intimidation, harassment and
physical/violent harm. That on or about May 14, 2019, Plaintiff, ANDREW MITCHELL, was
lawfully a resident of the FORBELL homeless shelter.
26. That on or about May 14, 2019, while Plaintiff, ANDREW MITCHELL, was
lawfully within a bathroom at the FORBELL homeless shelter, JOHN DOEs 1-5, in an attempt
to remove Plaintiff from the bathroom, viciously assaulted, battered and brutalized Plaintiff,
ANDREW MITCHELL.
27. That JOHN DOEs 1-5 were at the time acting within the scope of their employment
for Defendant, the CITY.
28. Defendant, the CITY, is liable for the conduct of Defendants, JOHN DOEs 1-5,
under the doctrine respondeat superior.
29. As a result of the above, Plaintiff, ANDREW MITCHELL, was caused to sustain
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severe, pennanent and grievous injuries.
30. The above-mentioned occurrence and the injuries resulting therefrom were caused
solely and wholly by the intentional conduct of Defendants, JOHN DOES 1-5.
31. Solely and wholly by virtue of the intentional conduct of Defendants, "JOHN
DOES 1-5", which conduct ought to be imputed onto Defendants, the CITY, , under the doctrine
of respondeat superior, Plaintiff, ANDREW MITCHELL, was rendered sick, sore, lame and
disabled, suffered serious, painful and permanent injuries, was cause to suffer, severe physical
injuries and severe mental pain and anguish; was unable to attend to his usual occupation and
duties; and suffered loss of income as a result thereof; requires medical attention, incurred hospital
and medical bills and was otherwise damaged and still continues to suffer injuries of a permañent
nature.
32. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, owned the
FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, NY 11208.
33. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, operated the
FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208.
34. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, managed the
FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208.
35. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, maintained the
FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208.
36. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, controlled the
FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208.
37. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, inspected the
FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208.
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38. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were employees of
defendant, SAMARITAN VILLAGE.
39. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were agents of
defendant, SAMARITAN VILLAGE.
40. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were servants of
defendant, SAMARITAN VILLAGE.
41. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, held itself out
as duly qualified, competent and capable of rendering and providing safe, secure and adequate
housing accommodations, free of physical harm and violence to its residents, including Plaintiff,
ANDREW MITCHELL, and for such purposes hired and/or retained the necessary staff, workers
and/or other necessary, personnel, technicians, employees, servants, and agents to providing
services at the FORBELL homeless shelter.
42. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, had a duty to
keep and maintain the FORBELL homeless shelter in a reasonably safe and secure condition for
the residents thereof, including Plaintiff, ANDREW MITHCELL, free of any threat of
intimidation, harassment and physical/violent harm.
43. That on or about May 14, 2019, Plaintiff, ANDREW MITCHELL, was lawfully
a resident of the FORBELL homeless shelter.
44. That on or about May 14, 2019, while Plaintiff, ANDREW MITCHELL, was
lawfelly within a bathroom at the FORBELL homeless shelter, JOHN DOEs 1-5, in an attempt
to remove Plaintiff from the bathroom, viciously assaulted, battered and brutalized Plaintiff,
ANDREW MITCHELL.
45. That JOHN DOEs 1-5 were at the time acting within the scope of their employment
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for Defendant, SAMARITAN VILLAGE.
46. Defendant, SAMARITAN VILLAGE, is liable for the conduct of Defendants,
JOH.N DOEs 1-5, under the doctrine respondeat superior.
47. As a result of the above, Plaintiff, ANDREW MITCHELL, was caused to sustain
severe, permanent and grievous injuries.
48. The above-mentioned occurrence and the injuries resulting therefrom. were caused
solely and wholly by the intentional conduct of Defendants, JOHN DOES 1-5.
49. Solely and wholly by virtue of the intentional conduct of Defendants, "JOHN
DOES 1-5", which conduct ought to be imputed onto Defendant, SAMARITAN VILLAGE,
under the doctrine of respondeat superior, Plaintiff, ANDREW MITCHELL, was rendered sick,
sore, lame and disabled, suffered serious, painful and permanent injuries, was cause to suffer,
severe physical injuries and severe mental pain and anguish; was unable to attend to his usual
occupation and duties; and suffered loss of income as a result thereof; requires medical attention,
incurred hospital and medical bills and was otherwise damaged and still continues to suffer injuries
of a permanent nature.
50. Defendant, SERA, at all times relevant hereto, owned the FORBELL homeless
shelter located at 338 Forbell Street, Brooklyn, NY 11208.
51. Defendant, SERA, at all times relevant hereto, operated the FORBELL homeless
shelter located at 338 Forbell Street, Brooklyn, New York 11208.
52. Defendant, SERA, at all times relevant hereto, managed the FORBELL homeless
shelter located at 338 Forbell Street, Brooklyn, New York 1 1208.
53. Defendant, SERA, at all times relevant hereto, maintained the FORBELL
homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208.
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54. Defendant, SERA, at all times relevant hereto, controlled the FORBELL homeless
shelter located at 338 Forbell Street, Brooklyn, New York 11208.
55. Defendant, SERA, at all times relevant hereto, inspected the FORBELL homeless
shelter located at 338 Forbell Street, Brooklyn, New York 11208.
56. Defendant, SERA, at all times relevant hereto, provided security services at the
FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208.
57. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were employees of
defendant, SERA.
58. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were agents of
defendant, SERA.
59. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were servants of
defendant, SERA.
60. Defendant, SERA, at all times relevant hereto, held itself out as duly qualified,
competent and capable of rendering and providing safe, secure and adequate housing
accommodations, free of physical harm and violence to its residents, including Plaintiff,
ANDREW MITCHELL, and for such purposes hired and/or retained the necessary staff, workers
and/or other necessary, personnel, technicians, employees, servants, and agents to providing
services at the FORBELL homeless shelter.
61. Defendant, SERA, at all times relevant hereto, had a duty to keep and maintain the
FORBELL homeless shelter in a reasonably safe and secure condition for the residents thereof,
including Plaintiff, ANDREW MITHCELL, free of any threat of intimidation, harassment and
physical/violent harm.
62. That on or about May 14, 2019, Plaintiff, ANDREW MITCHELL, was lawfully
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a resident of the FORBELL homeless shelter.
63. That on or about May 14, 2019, while Plaintiff, ANDREW MITCHELL, was
lawfully within a bathroom at the FORBELL homeless shelter, JOHN DOEs 1-5, in an attempt
to remove Plaintiff from the bathroom, viciously assaulted, battered and brutalized Plaintiff,
ANDREW MITCHELL.
64. That JOHN DOEs 1-5 were at the time acting within the scope of their employment
for Defendant, SERA.
65. Defendant, SERA, is liable for the conduct of Defendants, JOHN DOEs 1-5, under
the doctrine respondeat superior.
66. As a result of the above, Plaintiff, ANDREW MITCHELL, was caused to sustain
severe, permanent and grievous injuries.
67. The above-mentioned occurrence and the injuries resulting therefrom were caused
solely and wholly by the intentional conduct of Defendants, JOHN DOES 1-5.
68. Solely and wholly by virtue of the intentional conduct of Defendants, "JOHN
DOES 1-5", which conduct ought to be imputed onto Defendants, the CITY, SAMARITAN
VILLAGE, and SERA, under the doctrine of respondeat superior, Plaintiff, ANDREW
MITCHELL, was rendered sick, sore, lame and disabled, suffered serious, painful and permanent
injuries, was cause to suffer, severe physical injuries and severe mental pain and anguish; was
unable to attend to his usual occupation and duties; and suffered loss of income as a result thereof;
requires medical attention, incurred hospital and medical bills and was otherwise damaged and
still continues to suffer injuries of a permanent nature.
69. This action falls within one of the exceptions of CPLR Section 1602, wherein
defendants herein are jointly and severely liable to the plaintiff herein.
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FILED: KINGS COUNTY CLERK 12/26/2019 01:26 PM INDEX NO. 528005/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS . X ANDREW MITCHELL, SJJMMQNS Plaintiff, Index No.: -against- Kings Venue; County THE CITY OF NEW YORK, SAMARITAN DAYTOP Basis: Place Of Occurrence VILLAGE, INC., SERA SECURITY SERVICES, LLC., and DOEs" "JOHN 1-5, the names being fictitious Incident Occurred At: but who are intended to be the security officers who assaulted Forbell Men's Shelter, 338 Forbell Plaintiff on May 14, 2019, Street, Brooklyn, New York 11208 Defendants. X 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 entered with this summons, to serve a notice of appearance, on the plaintiff's attorney, 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); 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: Brooklyn, New York December 26, 2019 D J. HERNANDE SSOCIATES B : av A. Bonilla, q. torn ys for Plaaint ANDR ITCHELL 26 Court Street, Suite 2707 Brooklyn, New York 11242 Tel.: (718) 522-0009 1 of 27 FILED: KINGS COUNTY CLERK 12/26/2019 01:26 PM INDEX NO. 528005/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2019 DEFENDANTS' ADDRESSES: THE CITY OF NEW YORK 100 Church Street New York, New York 10007 SAMARITAN DAYTOP VILLAGE, INC. 138-02 Queens Boulevard Briarwood, New York 11435 SERA SECURITY SERVICES, LLC. 2804A Third Avenue Bronx, New York 10455 2 of 27 FILED: KINGS COUNTY CLERK 12/26/2019 01:26 PM INDEX NO. 528005/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X ANDREW MITCHELL, Index No. Plaintiff, VERIFIED COMPLAINT -against- THE CITY OF NEW YORK, SAMARITAN DAYTOP VILLAGE, INC., SERA SECURITY SERVICES, LLC., DOEs" and "JOHN 1-5, the names being fictitious but who are intended to be the security officers who assaulted Plaintiff on May 14, 2019, Defendants. X Plaintiff, ANDREW MITCHELL, by his attorneys, DAVID J. HERNANDEZ & ASSOCIATES, complaining of the Defendants alleges as follows: PARTIES 1. That at all times hereinafter mentioned, Plaintiff, ANDREW MITCHELL, was a resident of the County of Kings, City and State of New York. 2. That at all times hereinafter mentioned, Defendant, the CITY OF NEW YORK, (hereinafter referred to as "CITY") was and still is a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York. 3. Pursuant to its Charter, the CITY has established and maintains a Department of Homeless Services (hereinafter "DHS") as a constituent department or agency. 4. That at all times hereinafter mentioned, DHS was and still is an agency, instrumentality, department and/or governmental corporation under the direction and control of Defendant, the CITY. 5. That at all times hereinafter mentioned, Defendant, SAMARITAN DAYTOP 3 of 27 FILED: KINGS COUNTY CLERK 12/26/2019 01:26 PM INDEX NO. 528005/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2019 VILLAGE, INC., (hereinafter referred to as "SAMARITAN VILLAGE") was and still is a domestic not-for-profit corporation duly organized and existing under and by virtue of the laws of the State of New York. 6. That at all times hereinafter mentioned, Defendant, SAMARITAN VILLAGE, maintained its principal place of business in the County of Queens, City and State of New York. 7. That at all times hereinafter mentioned, Defendant, SERA SECURITY SERVICES, LLC. (hereinafter referred to as "SERA"), was and still is a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York. 8. That at all times hereinafter mentioned, Defendant, SERA, maintained its principal place of business in the County of Bronx, City and State of New York. 9. That at all times hereinafter mentioned, Defendants, "JOHN DOEs 1-5", were and still are individuals residing in the City and State of New York. 10. That at all times hereinafter mentioned, Plaintiff, ANDREW MITCHELL, was an individual who was under the custody, care and control of Defendants, as hereinafter set forth. GENERAL MUNICIPAL LAW 50(E) 11. On August 8, 2019, Plaintiff duly served in writing upon the Office of the New York City Comptroller his Notice of Claim in accordance with General Municipal Law 50(e), as hereinafter described and set forth and upon which this action is founded for adjustment, and that more than 30 days have elapsed since that presentation of the claim. (S_e_e, Notice of Claim, annexed hereto Exhibit A). 12. Plaintiff's Notice of Claim was served and duly filed with the Office of the New York City Comptroller within the time provided by law, and before the commencement of this action. 4 of 27 FILED: KINGS COUNTY CLERK 12/26/2019 01:26 PM INDEX NO. 528005/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2019 13. On October 25, 2019, Plaintiff's testimony was taken by the CITY at a hearing pursuant to General Municipal Law 50-H. 14. This action was commenced within one year and ninety days after the cause of action accrued. AS AND FOR A FIRST CAUSE OF ACTION FOR ASSAULT AGAINST ALL DEFENDANTS 15. Defendant, CITY and its DHS, at all times relevant hereto, owned a homeless shelter known as the FORBELL MENS SHELTER (hereinafter "FORBELL"), located at 338 Forbell Street, Brooklyn, NY 11208. 16. Defendant, CITY and its DHS, at all times relevant hereto, operated the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208. 17. Defendant, CITY and its DHS, at all times relevant hereto, managed the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208. 18. Defendant, CITY and its DHS, at all times relevant hereto, maintained the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208. 19. Defendant, CITY and its DHS, at all times relevant hereto, controlled the FORBELL homeless shelterlocated at 338 Forbell Street, Brooklyn, New York 11208. 20. Defendant, CITY and its DHS, at all times relevant hereto, inspected the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208. 21. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were employees of defendant, the CITY. 22. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were agents of 5 of 27 FILED: KINGS COUNTY CLERK 12/26/2019 01:26 PM INDEX NO. 528005/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2019 defendant, the CITY. 23. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were servants of defendant, the CITY. 24. Defendant, the CITY, at all times relevant hereto, held itself out as duly qualified, competent and capable of rendering and providing safe, secure and adequate housing accommodations, free of physical harm and violence to its residents, including Plaintiff, ANDREW MITCHELL, and for such purposes hired and/or retained the necessary staff, workers and/or other necessary, personnel, technicians, employees, servants, and agents to providing services at the FORBELL homeless shelter. 25. Defendant, the CITY, at all times relevant hereto, had a duty to keep and maintain the FORBELL homeless shelter in a reasonably safe and secure condition for the residents thereof, including Plaintiff, ANDREW MITHCELL, free of any threat of intimidation, harassment and physical/violent harm. That on or about May 14, 2019, Plaintiff, ANDREW MITCHELL, was lawfully a resident of the FORBELL homeless shelter. 26. That on or about May 14, 2019, while Plaintiff, ANDREW MITCHELL, was lawfully within a bathroom at the FORBELL homeless shelter, JOHN DOEs 1-5, in an attempt to remove Plaintiff from the bathroom, viciously assaulted, battered and brutalized Plaintiff, ANDREW MITCHELL. 27. That JOHN DOEs 1-5 were at the time acting within the scope of their employment for Defendant, the CITY. 28. Defendant, the CITY, is liable for the conduct of Defendants, JOHN DOEs 1-5, under the doctrine respondeat superior. 29. As a result of the above, Plaintiff, ANDREW MITCHELL, was caused to sustain 6 of 27 FILED: KINGS COUNTY CLERK 12/26/2019 01:26 PM INDEX NO. 528005/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2019 severe, pennanent and grievous injuries. 30. The above-mentioned occurrence and the injuries resulting therefrom were caused solely and wholly by the intentional conduct of Defendants, JOHN DOES 1-5. 31. Solely and wholly by virtue of the intentional conduct of Defendants, "JOHN DOES 1-5", which conduct ought to be imputed onto Defendants, the CITY, , under the doctrine of respondeat superior, Plaintiff, ANDREW MITCHELL, was rendered sick, sore, lame and disabled, suffered serious, painful and permanent injuries, was cause to suffer, severe physical injuries and severe mental pain and anguish; was unable to attend to his usual occupation and duties; and suffered loss of income as a result thereof; requires medical attention, incurred hospital and medical bills and was otherwise damaged and still continues to suffer injuries of a permañent nature. 32. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, owned the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, NY 11208. 33. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, operated the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208. 34. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, managed the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208. 35. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, maintained the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208. 36. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, controlled the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208. 37. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, inspected the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208. 7 of 27 FILED: KINGS COUNTY CLERK 12/26/2019 01:26 PM INDEX NO. 528005/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2019 38. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were employees of defendant, SAMARITAN VILLAGE. 39. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were agents of defendant, SAMARITAN VILLAGE. 40. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were servants of defendant, SAMARITAN VILLAGE. 41. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, held itself out as duly qualified, competent and capable of rendering and providing safe, secure and adequate housing accommodations, free of physical harm and violence to its residents, including Plaintiff, ANDREW MITCHELL, and for such purposes hired and/or retained the necessary staff, workers and/or other necessary, personnel, technicians, employees, servants, and agents to providing services at the FORBELL homeless shelter. 42. Defendant, SAMARITAN VILLAGE, at all times relevant hereto, had a duty to keep and maintain the FORBELL homeless shelter in a reasonably safe and secure condition for the residents thereof, including Plaintiff, ANDREW MITHCELL, free of any threat of intimidation, harassment and physical/violent harm. 43. That on or about May 14, 2019, Plaintiff, ANDREW MITCHELL, was lawfully a resident of the FORBELL homeless shelter. 44. That on or about May 14, 2019, while Plaintiff, ANDREW MITCHELL, was lawfelly within a bathroom at the FORBELL homeless shelter, JOHN DOEs 1-5, in an attempt to remove Plaintiff from the bathroom, viciously assaulted, battered and brutalized Plaintiff, ANDREW MITCHELL. 45. That JOHN DOEs 1-5 were at the time acting within the scope of their employment 8 of 27 FILED: KINGS COUNTY CLERK 12/26/2019 01:26 PM INDEX NO. 528005/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2019 for Defendant, SAMARITAN VILLAGE. 46. Defendant, SAMARITAN VILLAGE, is liable for the conduct of Defendants, JOH.N DOEs 1-5, under the doctrine respondeat superior. 47. As a result of the above, Plaintiff, ANDREW MITCHELL, was caused to sustain severe, permanent and grievous injuries. 48. The above-mentioned occurrence and the injuries resulting therefrom. were caused solely and wholly by the intentional conduct of Defendants, JOHN DOES 1-5. 49. Solely and wholly by virtue of the intentional conduct of Defendants, "JOHN DOES 1-5", which conduct ought to be imputed onto Defendant, SAMARITAN VILLAGE, under the doctrine of respondeat superior, Plaintiff, ANDREW MITCHELL, was rendered sick, sore, lame and disabled, suffered serious, painful and permanent injuries, was cause to suffer, severe physical injuries and severe mental pain and anguish; was unable to attend to his usual occupation and duties; and suffered loss of income as a result thereof; requires medical attention, incurred hospital and medical bills and was otherwise damaged and still continues to suffer injuries of a permanent nature. 50. Defendant, SERA, at all times relevant hereto, owned the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, NY 11208. 51. Defendant, SERA, at all times relevant hereto, operated the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208. 52. Defendant, SERA, at all times relevant hereto, managed the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 1 1208. 53. Defendant, SERA, at all times relevant hereto, maintained the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208. 9 of 27 FILED: KINGS COUNTY CLERK 12/26/2019 01:26 PM INDEX NO. 528005/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2019 54. Defendant, SERA, at all times relevant hereto, controlled the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208. 55. Defendant, SERA, at all times relevant hereto, inspected the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208. 56. Defendant, SERA, at all times relevant hereto, provided security services at the FORBELL homeless shelter located at 338 Forbell Street, Brooklyn, New York 11208. 57. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were employees of defendant, SERA. 58. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were agents of defendant, SERA. 59. Defendants, "JOHN DOES 1-5", at all times relevant hereto, were servants of defendant, SERA. 60. Defendant, SERA, at all times relevant hereto, held itself out as duly qualified, competent and capable of rendering and providing safe, secure and adequate housing accommodations, free of physical harm and violence to its residents, including Plaintiff, ANDREW MITCHELL, and for such purposes hired and/or retained the necessary staff, workers and/or other necessary, personnel, technicians, employees, servants, and agents to providing services at the FORBELL homeless shelter. 61. Defendant, SERA, at all times relevant hereto, had a duty to keep and maintain the FORBELL homeless shelter in a reasonably safe and secure condition for the residents thereof, including Plaintiff, ANDREW MITHCELL, free of any threat of intimidation, harassment and physical/violent harm. 62. That on or about May 14, 2019, Plaintiff, ANDREW MITCHELL, was lawfully 10 of 27 FILED: KINGS COUNTY CLERK 12/26/2019 01:26 PM INDEX NO. 528005/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/26/2019 a resident of the FORBELL homeless shelter. 63. That on or about May 14, 2019, while Plaintiff, ANDREW MITCHELL, was lawfully within a bathroom at the FORBELL homeless shelter, JOHN DOEs 1-5, in an attempt to remove Plaintiff from the bathroom, viciously assaulted, battered and brutalized Plaintiff, ANDREW MITCHELL. 64. That JOHN DOEs 1-5 were at the time acting within the scope of their employment for Defendant, SERA. 65. Defendant, SERA, is liable for the conduct of Defendants, JOHN DOEs 1-5, under the doctrine respondeat superior. 66. As a result of the above, Plaintiff, ANDREW MITCHELL, was caused to sustain severe, permanent and grievous injuries. 67. The above-mentioned occurrence and the injuries resulting therefrom were caused solely and wholly by the intentional conduct of Defendants, JOHN DOES 1-5. 68. Solely and wholly by virtue of the intentional conduct of Defendants, "JOHN DOES 1-5", which conduct ought to be imputed onto Defendants, the CITY, SAMARITAN VILLAGE, and SERA, under the doctrine of respondeat superior, Plaintiff, ANDREW MITCHELL, was rendered sick, sore, lame and disabled, suffered serious, painful and permanent injuries, was cause to suffer, severe physical injuries and severe mental pain and anguish; was unable to attend to his usual occupation and duties; and suffered loss of income as a result thereof; requires medical attention, incurred hospital and medical bills and was otherwise damaged and still continues to suffer injuries of a permanent nature. 69. This action falls within one of the exceptions of CPLR Section 1602, wherein defendants herein are jointly and severely liable to the plaintiff herein. 11 of 27 FILED: KINGS COUNTY CLERK 12/26/2019 01:26 PM