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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019
SUPREME COURT OF THE STATE OF NEW YORK FILED:
COUNTY OF BRONX INDEX NO:
-------------- ------------------------------ X
JOSE BAEZ, SUMMONS
Plaintiff, Plaintiff designates
Bronx County
-against- as the place of trial
JOVA REALTY L.L.C. and JOVIAN The basis of venue is:
MANAGEMENT CO., INC., Situs of Occurrence
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, to, if the complaint is not served with the summons, to serve a notice of
appearance, on the Plaintiffs attorneys within twenty (20) days after the service of this summons,
exclusive of the day of service (or within thirty (30) days after the 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
herein.
Dated: New York, New York
December 3, 2019
The nature of this action is for injuries sustained as a result of the defendant's negligence.
The relief sought is monetary damages.
LIAKAS LAW, P.C.
BY: Dean . iakas, ESQ.
Attorney for Plaintif
138)
65 Broadway, Floor
New York, New York 10006
(212) 937-7765
Failure to respond, a jud;;=ñ‡ will be against you, by default and interest from October 8,
2019.
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Defendant's Addresses:
JOVA REALTY L.L.C.
2930 Westchester Avenue
Bronx, New York 10461
JOVIAN MANAGEMENT CO., INC.
C/O ANTHONY J. PUMA, ESQ.
2930 Westchester Avenue
Bronx, New York 10461
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SUPREME COURT OF THE STATE OF NEW YORK FILED:
COUNTY OF BRONX INDEX NO:
-------- --------------------------X
JOSE BAEZ, VERIFIED COMPLAINT
Plaintiff,
-against-
JOVA REALTY L.L.C. and JOVIAN
MANAGEMENT CO., INC.,
Defendants,
--------------- X
Plaintiff, by his attorneys, LIAKAS LAW, P.C., complaining of the defendant herein,
respectfully shows to this court and alleges as follows:
1. That Plaintiff, JOSE BAEZ, at all times herein mentioned, was and still is a resident of the
County of Bronx, City and State of New York.
2. That all the times hereinaRer alleged, and upon information and belief, the Defêñdant, JOVA
REALTY L.L.C., was a company organized and existing under and by the virtue of the law
of the State of New York.
3. That at all the times hereiñaner alleged, and upon information and belief, the Defêñdailt,
JOVA REALTY L.L.C., was and still is a domestic corporation organized and existing under
and by virtue of the laws of the State of New York.
4. That at all the times hereinaRer alleged, and upon information and belief, the Defendant,
JOVA REALTY L.L.C., was and still is a foreign corporation authorized to do business under
and by virtue of the laws of the State of New York.
5. That at all of the times hereinaRer mentioned, and upon information and belief, the
Defendant, JOVA REALTY L.L.C., maintained a principal place of business in the State of
New York.
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6. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant,
JOVA REALTY L.L.C., conducted and carried on business in the State of New York.
7. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant,
JOVA REALTY L.L.C., transacted business within the State of New York.
8. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant,
JOVA REALTY L.L.C., derived substantial revenue from goods used or consumed or
services rendered in the State of New York.
9. That at all of the times hereinafter mentioned, and upon information and belief, the Defeñdant,
JOVA REALTY L.L.C., expected or should have reasonably expected its acts to have
consequences in the County of Bronx, City and State of New York.
10. That all the times hereinafter alleged, and upon information and belief, the Defendant,
JOVIAN MANAGEMENT CO., INC., was a company organized and existing under and by
the virtue of the law of the State of New York.
11. That at all the times hereinafter alleged, and upon information and belief, the Defendinit,
JOVIAN MANAGEMENT CO., INC., was and still is a domestic corporation orgãñized and
existing under and by virtue of the laws of the State of New York.
12. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
JOVIAN MANAGEMENT CO., INC., was and still is a foreign corporation authorized to
do business under and by virtue of the laws of the State of New York.
13. That at all of the times hereinafter mentioned, and upon information and belief, the
Defendant, JOVIAN MANAGEMENT CO., INC., maintained a principal place of business
in the State of New York.
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14. That at all of the times herciñafter mentioned, and upon information and belief, the Defendant,
JOVIAN MANAGEMENT CO., INC., conducted and carried on business in the State of
New York.
15. That at all of the times hereinafter inentioned, and upon information and belief, the Defendant,
JOVIAN MANAGEMENT CO., INC., transacted business within the State of New York.
16. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant,
JOVIAN MANAGEMENT CO., INC., derived substantial revenue from goods used or
consumed or services rendered in the State of New York.
17. That at all of the times hereinafter mentioned, and upon information and belief, the Defedet,
JOVIAN MANAGEMENT CO., INC., expected or should have reasonably expected its acts
to have consequences in the County of Bronx, City and State of New York.
18. That upon information and belief, and at all the times herein mentioned, the Defendant, JOVA
REALTY L.L.C., owned the premises located at 1285 Castle Hill, in the County of Bronx,
City and State of New York.
19. That upon information and belief, and at all the times herein mentioned, the Defendant, JOVA
REALTY L.L.C., was the lessee of the premises located at 1285 Castle Hill, in the County
of Bronx, City and State of New York.
20. That upon information and belief, and at all the times herein mentioned, the Defendant, JOVA
REALTY L.L.C., was the lessor of the premises located at 1285 Castle Hill, in the County of
Bronx, City and State of New York.
21. That upon information and belief, and at all the times hereinafter mentioned, the Defendant,
JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, mañaged the
premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York.
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22. That upon information and belief, and at all the times hereinafter mentioned, the Defendant,
JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, maiñtaiñêd the
premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York.
23. That upon information and belief, and at all the times hereinafter mentioned, the Defendant,
JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, controlled the
preñ1iscs located at 1285 Castle Hill, in the County of Bronx, City and State of New York.
24. That upon information and belief, and at all the times hereinafter the
mentioned, Defeinimñ,
JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, supervised the
premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York.
25. That upon information and belief, and at all the times hereinafter mentioned, the Defendant,
JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, inspected the
premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York.
26. That upon information and belief, and at all the times hereiñafter mentioned, the Defendant,
JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, repaired the
premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York.
27. That upon information and belief, and at all the times hereinafter mentioned, the Defendant,
JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, designed the
premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York.
28. That upon information and belief, and at all the times hereinafter mentioned, the Defendant,
JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, renovated the
premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York.
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29. That upon information and belief, and at all the times herein mentioned, the Defendant,
JOVIAN MANAGEMENT CO., INC., owned the premises located at 1285 Castle Hill, in
the County of Bronx, City and State of New York.
30. That upon information and belief, and at all the times herein mentioned, the Defendant,
JOVIAN MANAGEMENT CO., INC., was the lessee ofthe premises located at 1285 Castle
Hill, in the County of Bronx, City and State of New York.
31. That upon information and belief, and at all the times herein mêñtioned, the Defendant,
JOVIAN MANAGEMENT CO., INC., was the lessor of the premises located at 1285 Castle
Hill, in the County of Bronx, City and State of New York.
32. That upon information and belief, and at all the times hereinafter mentioned, the Defendâñt,
JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees,
managed the premiscs located at 1285 Castle Hill, in the County of Bronx, City and State of
New York.
33. That upon information and belief, and at all the times hereinafter mentioned, the Defendant,
JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees,
maiinsiüed the premises located at 1285 Castle Hill, in the County of Bronx, City and State of
New York.
34. That upon information and belief, and at all the times hereiñafter mentioned, the Defendant,
JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees,
controlled the premises located at 1285 Castle Hill, in the County of Bronx, City and State of
New York.
35. That upon information and belief, and at all the times hereinafter mentioned, the Defendant,
JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees,
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supervised the premises located at 1285 Castle Hill, in the County of Bronx, City and State of
New York.
36. That upon information and belief, and at all the times hereinafter mentioned, the Defendmit,
JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees,
inspected the premises located at 1285 Castle Hill, in the County of Bronx, City and State of
New York.
37. That upon information and belief, and at all the times hereinafter mentioned, the Defendmit,
JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees,
repaired the premises located at 1285 Castle Hill, in the County of Bronx, City and State of
New York.
38. That upon information and belief, and at all the times hereinafter mentioned, the Defendant,
JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees,
designed the premises located at 1285 Castle Hill, in the County of Bronx, City and State of
New York.
39. That upon information and belief, and at all the times hereinafter mentioned, the Defendant,
JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees,
renovated the premises located at 1285 Castle Hill, in the County of Bronx, City and State of
New York.
40. That on or about October 8, 2019, the Plaintiff, JOSE BAEZ, was lawfully upon the aforesaid
premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York.
41. That on or about October 8, 2019, the Plaintiff, JOSE BAEZ, was caused to slip and fall due
to slippery, wet, and/or otherwise defective condition of the aforesaid premises.
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42. That this occurrence was caused by reason of the negligence, carelessness and recklessness of
the Defendant's, and/or Defendant's agents, servants and/or employees, in the ownership,
mañagcment, ñ1âistenance, supervision, inspecti0ñ, repair, control, design and construction of
the aforesaid premises located at 1285 Castle Hill, in the County of Bronx, City and State of
New York; in creating said dañgerous, defective and hazardous condition; in failing to properly
inspect, remedy and/or remove said dangerous condition.
43. That Defendant's, herein, was negligent, reckless and careless in that they violated and
breached their duties to persons at the aforesaid premises, and particularly to this Plaintiff,
JOSE BAEZ, by knowingly permitting and allowing a dangerous, trap-like condition to be
present at the aforesaid premises, by permitting and allowing the aforesaid premises to be,
become and remain in a defective and unsafe condition, and were further negligent in failing
to take suitable precautions for the safety of persons lawfully at the aforesaid premises
44. That the aforesaid accident and the injuries resulting therefrom were due, solely and wholly,
as the result of the careless and negligent mañner in which the Defendant's owned, mañaged,
maintained, controlled, supervised, inspected, repaired, designed and renovated the aforesaid
premises, without the Plaintiff contributing in any way thereto.
45. That by reason of the foregoing and the negligence of the Defendant's, the Plaintiff, JOSE
BAEZ, was severely injured, bruised and wounded, suffered, still suffers and will continue to
suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled
and so remained for a considerable length of time.
46. That by reason of the foregoing, the Plaintiff, JOSE BAEZ, was compelled to and did
necessarily require medical aid and attention, and did necessarily pay and beconie liable
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therefor, for medicines, and upon information and belief, the Plaintiff, JOSE BAEZ, will
necessarily incur similar expenses.
47. That by reason of the foregoing, the Plaintiff, JOSE BAEZ, has been unable to attend to his
usual occupation in the manner required.
48. That one or more of the provisions of Section 1602 of the Civil Practice Law and Rules do
apply to the within action.
49. That by reason of the foregoing, the Plaintiff, JOSE BAEZ, was damaged in an amount
which exceeds the monetary jurisdictional limits of any and all lower Courts which
jurisdiction would otherwise have herein, in an amount to be determined upon trial of this
action.
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WHEREFORE, The Plaintiff, JOSE BAEZ, demands judgment against the Defendants
in an amount which exceeds the jurisdictional limits of all other Courts which would otherwise
have jurisdiction herein, together with costs and disbursements of this action, and with interest
from the date of the accident, in an amount to be determined upon trial of this action.
Dated: New York, New York
December 3, 2019
LIAKAS LAW, P.C.
BY: D . Liakas, ESQ.
Attorney for Plaintif
13*
65 Broadway, Floor
New York, New York 10006
(212) 937-7765
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STATE OF NEW YORK )
) ss
COUNTY OF NEW YORK )
I, the undersigned, an attorney admined to practice in the courts of New York State, state under
penalty of perjury that I am one of the attorneys for Plaintiff in the within action; I have read the
foregoing SUMMONS AND VERIFIED COMPLAINT and know the contents thereof; the same
is true to my own knowledge, except as to the matters therein stated to be alleged on information
and belief, and as to those matters I believe to be true. The reason this verification is made by me
and not by my client, is that my client is not presently in the County where I maintain my offices.
The grounds of my belief as to all matters not stated upon my own knowledge are the materials in
my file and the investigations conducted by my office.
Dated: New York, New York
December 3, 2019
LIAKAS LAW, P.C.
BY: beaffN. Liakas, ESQ.
Attorney for Plaintt)f
13*
65 Broadway, Floor
New York, New York 10006
(212) 937-7765
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
JOSE BAEZ,
Plaintiff,
-against-
JOVA REALTY L.L.C. and JOVIAN MANAGEMENT CO., INC.,
Defendants,
LIAKAS LAW, P.C.
13d'
65 Broadway, Floor
New York, New York 10006
212.937.7765
SUMMONS AND VERIFIED COMPLAINT
STATE OF NEW YORK, COUNTY OF NEW YORK, SS:
DEAN N. LIAKAS, the undersigned, an attorney admitted to practice in the Courts of
New York State, affirms the following:
"certification"
I further certify that my signature below acts as a for the documents
attached hereto, in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22
NYCRR).
Dated: New York, New York
December 3, 2019
Dedn-R1iEEE, Esq.
PLEASE TAKE NOTICE
( ) that the within is a (certified) true copy of a Notice of entered in the Office of the clerk of
the within Entry named Court on
( ) that an Order of which the within is a true copy will be presented for Notice of settlement
to the Hon. one of the Judges of the Settlement within named Court, on at
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FILED: BRONX COUNTY CLERK 12/03/2019 03:34 PM INDEX NO. 34256/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 SUPREME COURT OF THE STATE OF NEW YORK FILED: COUNTY OF BRONX INDEX NO: -------------- ------------------------------ X JOSE BAEZ, SUMMONS Plaintiff, Plaintiff designates Bronx County -against- as the place of trial JOVA REALTY L.L.C. and JOVIAN The basis of venue is: MANAGEMENT CO., INC., Situs of Occurrence 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, to, if the complaint is not served with the summons, to serve a notice of appearance, on the Plaintiffs attorneys within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the 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 herein. Dated: New York, New York December 3, 2019 The nature of this action is for injuries sustained as a result of the defendant's negligence. The relief sought is monetary damages. LIAKAS LAW, P.C. BY: Dean . iakas, ESQ. Attorney for Plaintif 138) 65 Broadway, Floor New York, New York 10006 (212) 937-7765 Failure to respond, a jud;;=ñ‡ will be against you, by default and interest from October 8, 2019. 1 of 13 FILED: BRONX COUNTY CLERK 12/03/2019 03:34 PM INDEX NO. 34256/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 Defendant's Addresses: JOVA REALTY L.L.C. 2930 Westchester Avenue Bronx, New York 10461 JOVIAN MANAGEMENT CO., INC. C/O ANTHONY J. PUMA, ESQ. 2930 Westchester Avenue Bronx, New York 10461 2 of 13 FILED: BRONX COUNTY CLERK 12/03/2019 03:34 PM INDEX NO. 34256/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 SUPREME COURT OF THE STATE OF NEW YORK FILED: COUNTY OF BRONX INDEX NO: -------- --------------------------X JOSE BAEZ, VERIFIED COMPLAINT Plaintiff, -against- JOVA REALTY L.L.C. and JOVIAN MANAGEMENT CO., INC., Defendants, --------------- X Plaintiff, by his attorneys, LIAKAS LAW, P.C., complaining of the defendant herein, respectfully shows to this court and alleges as follows: 1. That Plaintiff, JOSE BAEZ, at all times herein mentioned, was and still is a resident of the County of Bronx, City and State of New York. 2. That all the times hereinaRer alleged, and upon information and belief, the Defêñdant, JOVA REALTY L.L.C., was a company organized and existing under and by the virtue of the law of the State of New York. 3. That at all the times hereiñaner alleged, and upon information and belief, the Defêñdailt, JOVA REALTY L.L.C., was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 4. That at all the times hereinaRer alleged, and upon information and belief, the Defendant, JOVA REALTY L.L.C., was and still is a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 5. That at all of the times hereinaRer mentioned, and upon information and belief, the Defendant, JOVA REALTY L.L.C., maintained a principal place of business in the State of New York. 3 of 13 FILED: BRONX COUNTY CLERK 12/03/2019 03:34 PM INDEX NO. 34256/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 6. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, JOVA REALTY L.L.C., conducted and carried on business in the State of New York. 7. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, JOVA REALTY L.L.C., transacted business within the State of New York. 8. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, JOVA REALTY L.L.C., derived substantial revenue from goods used or consumed or services rendered in the State of New York. 9. That at all of the times hereinafter mentioned, and upon information and belief, the Defeñdant, JOVA REALTY L.L.C., expected or should have reasonably expected its acts to have consequences in the County of Bronx, City and State of New York. 10. That all the times hereinafter alleged, and upon information and belief, the Defendant, JOVIAN MANAGEMENT CO., INC., was a company organized and existing under and by the virtue of the law of the State of New York. 11. That at all the times hereinafter alleged, and upon information and belief, the Defendinit, JOVIAN MANAGEMENT CO., INC., was and still is a domestic corporation orgãñized and existing under and by virtue of the laws of the State of New York. 12. That at all the times hereinafter alleged, and upon information and belief, the Defendant, JOVIAN MANAGEMENT CO., INC., was and still is a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 13. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, JOVIAN MANAGEMENT CO., INC., maintained a principal place of business in the State of New York. 4 of 13 FILED: BRONX COUNTY CLERK 12/03/2019 03:34 PM INDEX NO. 34256/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 14. That at all of the times herciñafter mentioned, and upon information and belief, the Defendant, JOVIAN MANAGEMENT CO., INC., conducted and carried on business in the State of New York. 15. That at all of the times hereinafter inentioned, and upon information and belief, the Defendant, JOVIAN MANAGEMENT CO., INC., transacted business within the State of New York. 16. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, JOVIAN MANAGEMENT CO., INC., derived substantial revenue from goods used or consumed or services rendered in the State of New York. 17. That at all of the times hereinafter mentioned, and upon information and belief, the Defedet, JOVIAN MANAGEMENT CO., INC., expected or should have reasonably expected its acts to have consequences in the County of Bronx, City and State of New York. 18. That upon information and belief, and at all the times herein mentioned, the Defendant, JOVA REALTY L.L.C., owned the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 19. That upon information and belief, and at all the times herein mentioned, the Defendant, JOVA REALTY L.L.C., was the lessee of the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 20. That upon information and belief, and at all the times herein mentioned, the Defendant, JOVA REALTY L.L.C., was the lessor of the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 21. That upon information and belief, and at all the times hereinafter mentioned, the Defendant, JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, mañaged the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 5 of 13 FILED: BRONX COUNTY CLERK 12/03/2019 03:34 PM INDEX NO. 34256/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 22. That upon information and belief, and at all the times hereinafter mentioned, the Defendant, JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, maiñtaiñêd the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 23. That upon information and belief, and at all the times hereinafter mentioned, the Defendant, JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, controlled the preñ1iscs located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 24. That upon information and belief, and at all the times hereinafter the mentioned, Defeinimñ, JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, supervised the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 25. That upon information and belief, and at all the times hereinafter mentioned, the Defendant, JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, inspected the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 26. That upon information and belief, and at all the times hereiñafter mentioned, the Defendant, JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, repaired the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 27. That upon information and belief, and at all the times hereinafter mentioned, the Defendant, JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, designed the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 28. That upon information and belief, and at all the times hereinafter mentioned, the Defendant, JOVA REALTY L.L.C., and Defendant's agents, servants and/or employees, renovated the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 6 of 13 FILED: BRONX COUNTY CLERK 12/03/2019 03:34 PM INDEX NO. 34256/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 29. That upon information and belief, and at all the times herein mentioned, the Defendant, JOVIAN MANAGEMENT CO., INC., owned the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 30. That upon information and belief, and at all the times herein mentioned, the Defendant, JOVIAN MANAGEMENT CO., INC., was the lessee ofthe premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 31. That upon information and belief, and at all the times herein mêñtioned, the Defendant, JOVIAN MANAGEMENT CO., INC., was the lessor of the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 32. That upon information and belief, and at all the times hereinafter mentioned, the Defendâñt, JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees, managed the premiscs located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 33. That upon information and belief, and at all the times hereinafter mentioned, the Defendant, JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees, maiinsiüed the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 34. That upon information and belief, and at all the times hereiñafter mentioned, the Defendant, JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees, controlled the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 35. That upon information and belief, and at all the times hereinafter mentioned, the Defendant, JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees, 7 of 13 FILED: BRONX COUNTY CLERK 12/03/2019 03:34 PM INDEX NO. 34256/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 supervised the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 36. That upon information and belief, and at all the times hereinafter mentioned, the Defendmit, JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees, inspected the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 37. That upon information and belief, and at all the times hereinafter mentioned, the Defendmit, JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees, repaired the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 38. That upon information and belief, and at all the times hereinafter mentioned, the Defendant, JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees, designed the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 39. That upon information and belief, and at all the times hereinafter mentioned, the Defendant, JOVIAN MANAGEMENT CO., INC., and Defendant's agents, servants and/or employees, renovated the premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 40. That on or about October 8, 2019, the Plaintiff, JOSE BAEZ, was lawfully upon the aforesaid premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York. 41. That on or about October 8, 2019, the Plaintiff, JOSE BAEZ, was caused to slip and fall due to slippery, wet, and/or otherwise defective condition of the aforesaid premises. 8 of 13 FILED: BRONX COUNTY CLERK 12/03/2019 03:34 PM INDEX NO. 34256/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 42. That this occurrence was caused by reason of the negligence, carelessness and recklessness of the Defendant's, and/or Defendant's agents, servants and/or employees, in the ownership, mañagcment, ñ1âistenance, supervision, inspecti0ñ, repair, control, design and construction of the aforesaid premises located at 1285 Castle Hill, in the County of Bronx, City and State of New York; in creating said dañgerous, defective and hazardous condition; in failing to properly inspect, remedy and/or remove said dangerous condition. 43. That Defendant's, herein, was negligent, reckless and careless in that they violated and breached their duties to persons at the aforesaid premises, and particularly to this Plaintiff, JOSE BAEZ, by knowingly permitting and allowing a dangerous, trap-like condition to be present at the aforesaid premises, by permitting and allowing the aforesaid premises to be, become and remain in a defective and unsafe condition, and were further negligent in failing to take suitable precautions for the safety of persons lawfully at the aforesaid premises 44. That the aforesaid accident and the injuries resulting therefrom were due, solely and wholly, as the result of the careless and negligent mañner in which the Defendant's owned, mañaged, maintained, controlled, supervised, inspected, repaired, designed and renovated the aforesaid premises, without the Plaintiff contributing in any way thereto. 45. That by reason of the foregoing and the negligence of the Defendant's, the Plaintiff, JOSE BAEZ, was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled and so remained for a considerable length of time. 46. That by reason of the foregoing, the Plaintiff, JOSE BAEZ, was compelled to and did necessarily require medical aid and attention, and did necessarily pay and beconie liable 9 of 13 FILED: BRONX COUNTY CLERK 12/03/2019 03:34 PM INDEX NO. 34256/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 therefor, for medicines, and upon information and belief, the Plaintiff, JOSE BAEZ, will necessarily incur similar expenses. 47. That by reason of the foregoing, the Plaintiff, JOSE BAEZ, has been unable to attend to his usual occupation in the manner required. 48. That one or more of the provisions of Section 1602 of the Civil Practice Law and Rules do apply to the within action. 49. That by reason of the foregoing, the Plaintiff, JOSE BAEZ, was damaged in an amount which exceeds the monetary jurisdictional limits of any and all lower Courts which jurisdiction would otherwise have herein, in an amount to be determined upon trial of this action. 10 of 13 FILED: BRONX COUNTY CLERK 12/03/2019 03:34 PM INDEX NO. 34256/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 WHEREFORE, The Plaintiff, JOSE BAEZ, demands judgment against the Defendants in an amount which exceeds the jurisdictional limits of all other Courts which would otherwise have jurisdiction herein, together with costs and disbursements of this action, and with interest from the date of the accident, in an amount to be determined upon trial of this action. Dated: New York, New York December 3, 2019 LIAKAS LAW, P.C. BY: D . Liakas, ESQ. Attorney for Plaintif 13* 65 Broadway, Floor New York, New York 10006 (212) 937-7765 11 of 13 FILED: BRONX COUNTY CLERK 12/03/2019 03:34 PM INDEX NO. 34256/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 STATE OF NEW YORK ) ) ss COUNTY OF NEW YORK ) I, the undersigned, an attorney admined to practice in the courts of New York State, state under penalty of perjury that I am one of the attorneys for Plaintiff in the within action; I have read the foregoing SUMMONS AND VERIFIED COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe to be true. The reason this verification is made by me and not by my client, is that my client is not presently in the County where I maintain my offices. The grounds of my belief as to all matters not stated upon my own knowledge are the materials in my file and the investigations conducted by my office. Dated: New York, New York December 3, 2019 LIAKAS LAW, P.C. BY: beaffN. Liakas, ESQ. Attorney for Plaintt)f 13* 65 Broadway, Floor New York, New York 10006 (212) 937-7765 12 of 13 FILED: BRONX COUNTY CLERK 12/03/2019 03:34 PM INDEX NO. 34256/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX JOSE BAEZ, Plaintiff, -against- JOVA REALTY L.L.C. and JOVIAN MANAGEMENT CO., INC., Defendants, LIAKAS LAW, P.C. 13d' 65 Broadway, Floor New York, New York 10006 212.937.7765 SUMMONS AND VERIFIED COMPLAINT STATE OF NEW YORK, COUNTY OF NEW YORK, SS: DEAN N. LIAKAS, the undersigned, an attorney admitted to practice in the Courts of New York State, affirms the following: "certification" I further certify that my signature below acts as a for the documents attached hereto, in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR). Dated: New York, New York December 3, 2019 Dedn-R1iEEE, Esq. PLEASE TAKE NOTICE ( ) that the within is a (certified) true copy of a Notice of entered in the Office of the clerk of the within Entry named Court on ( ) that an Order of which the within is a true copy will be presented for Notice of settlement to the Hon. one of the Judges of the Settlement within named Court, on at 13 of 13