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FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------X Index No.;
INEZ GONZALES CRISPIN, Date Filed:
Plaintiff, Plaintiff designates NEW
YORK COUNTY as the place of
-against- trial
McDONALD'S CORPORATION, McDONALD'S The basis for venue is the
RESTAURANTS OF NEW YORK, INC., LAURINO Defendant's residence
JEL-WB FOOD RA-
ENTERPRISES, CORP,
LINE FOODS, INC. and SANTO C. SUMMONS
PONTICELLO,
Defendant(s)designates New
Defendants. York County as its
---------------------------------X principal office
To the above-named Defendants:
YOU ARE HEREBY SUMMONED to answer the verified complaint in
this action and to serve a copy of your answer, or if the verified
complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's attorney LAW OFFICES OF ARCIA &
ASSOCIATES, P.C. within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the
service is complete if the 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: Jackson Heights, New York
August 19, 2019
Yours, etc.
ANDRAY C GHOR ESQ.
LAW OFF ES OF ARCIA & ASSOCIATES, P.C.
Attorne s for Plaintiff
INEZ GONZALEZ CRISPIN
79-09 Roosevelt 2nd Floor
Avenue,
Jackson Heights, New York 11372
(718) 424-2222 Phone
-SEE ATTACHED RIDER-
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Defendants' Addresses
McDONALD's CORPORATION
C/O THE PRENTICE-HALL
CORPORATION SYSTEM, INC.
80 STATE STREET
ALBANY, NEW YORK, 12207
McDONALD's RESTAURANTS OF NEW
YORK, INC.
C/O THE PRENTICE-HALL
CORPORATION SYSTEM, INC.
80 STATE STREET
ALBANY, NEW YORK, 12207
LAURINO ENTERPRISES
806 W Merrick Road
Valley Stream, New York,
11580
JEL-WB FOOD CORP.
Laurino Enterprises
806 W Merrick Road
Valley Stream, New York,
11580
RA-LINE FOODS, INC.
McDonalds
35 Old Country Road
Westbury, New York, 11590
SANTO C. PONTICELLO
612 Meadowoods Dr.
East Meadow, New York 11554
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__----_________________-----____________
INEZ GONZALEZ CRISPIN,
Plaintiff
-against- VERIFIED COMPLAINT
McDONALD'S CORPORATION, McDONALD'S
RESTAURANT OF NEW YORK, INC., LAURINO
JEL-WB FOOD RA-
ENTERPRISES, CORP,
LINE FOODS, INC. and SANTO C.
PONTICELLO,
Defendants
______----__________________-------_______
Plaintiff, by her attorney, E. ABEL ARCIA, ESQ., as and
for a verified Complaint herein, respectfully sets forth and
alleges:
1. That at all times herein mentioned, the defendant,
McDONALD'S CORPORATION, was a domestic corporation duly existing
under and by virtue of the laws of the State of New York.
2. That at all times herein mentioned, the defendant,
McDONALD'S CORPORATION, was a foreign corporation duly authorized
to conduct business in the State of New York.
3. That at all times herein mentioned, the defendant,
McDONALD'S CORPORATION, was a corporation doing business in the
State of New York.
4. That at all times herein mentioned, the defendant,
McDONALD'S CORPORATION, owned certain premises located at 35 Old
Country Road, Westbury, New York.
5. That at all times herein mentioned, the defendant,
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McDONALD'S CORPORATION, owned certain place of business located
at 35 Old Country Road, Westbury, New York.
6. That at all times herein mentioned, the defendant,
McDONALD'S CORPORATION, its servants, agents, contractors,
lessees, permittees and/or employees operated said premises
and/or place of business located at 35 Old Country Road,
Westbury, New York.
7. That at all times herein mentioned, the defendant,
McDONALD'S CORPORATION, its servants, agents, contractors,
lessees, permittees and/or employees maintained said premises
and/or place of business located at 35 Old Country Road,
Westbury, New York.
8. That at all times herein mentioned, the defendant,
McDONALD'S CORPORATION, its servants, agents, contractors,
lessees, permittees and/or employees managed said premises and/or
place of business located at 35 Old Country Road, Westbury, New
York.
9. That at all times herein mentioned, the defendant,
McDONALD'S CORPORATION, its servants, agents, contractors,
lessees, permittees and/or employees controlled said premises
and/or place of business located at 35 Old Country Road,
Westbury, New York.
10. That at all times herein mentioned, the defendant,
McDONALD'S CORPORATION, its servants, agents, contractors,
lessees, permittees and/or employees supervised said premises
and/or place of business located at 35 Old Country Road,
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Westbury, New York.
11. That at all times herein mentioned, the defendant,
McDONALD'S CORPORATION, its servants, agents, contractors,
lessees, permittees and/or employees planned said premises and/or
place of business located at 35 Old Country Road, Westbury, New
York.
12. That at all times herein mentioned, the defendant,
McDONALD'S CORPORATION, its servants, agents, contractors,
lessees, permittees and/or employees designed said premises
and/or place of business located at 35 Old Country Road,
Westbury, New York.
13. That at all times herein mentioned, the defendant,
McDONALD'S CORPORATION, its servants, agents, contractors,
lessees, permittees and/or employees constructed said premises
and/or place of business located at 35 Old Country Road,
Westbury, New York.
14. That at all times herein mentioned, it was the
duty of the defendant, McDONALD'S CORPORATION, its servants,
agents, contractors, lessees, permittees and/or employees to
maintain said drive thru, concrete walkway, sidewalk and/or
entranceway upon said premises and/or place of business in
reasonably safe and suitable condition and repair.
15. That at all times herein mentioned, it was the
duty of the defendant, McDONALD'S CORPORATION, its servants,
agents, contractors, lessees, permittees and/or employees to
safely and adequately direct, channel and control the flow of
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traffic upon premises and/or place of business.
16. That at all times herein mentioned, it was the
duty of the defendant, McDONALD'S CORPORATION, its servants,
agents, contractors, lessees, permittees and/or employees to
safely and adequately direct, channel and control the movement of
motor vehicles and pedestrians upon said premises, drive thru,
concrete walkway, sidewalk and/or entranceway.
17. That at all times herein mentioned, it was the
duty of the defendant, McDONALD'S CORPORATION, its servants,
agents, contractors, lessees, permittees and/or employees to
provide for the safety, protection and well-being of lawful
patrons and/or pedestrians upon said premises, drive thru,
concrete walkway, sidewalk and/or entranceway.
18. That at all times herein mentioned, the defendant,
McDONALD'S RESTAURANT OF NEW YORK, INC., was a domestic
corporation duly existing under and by virtue of the laws of the
State of New York.
19. That at all times herein mentioned, the defendant,
McDONALD'S RESTAURANT OF NEW YORK, INC., was a foreign
corporation duly authorized to conduct business in the State of
New York.
20. That at all times herein mentioned, the defendant,
McDONALD'S RESTAURANT OF NEW YORK, INC., was a corporation doing
business in the State of New York.
21. That at all times herein mentioned, the defendant,
McDONALD'S RESTAURANT OF NEW YORK, INC., owned certain premises
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located at 35 Old Country Road, Westbury, New York.
22. That at all times herein mentioned, the defendant,
McDONALD'S RESTAURANT OF NEW YORK, INC., owned certain place of
business located at 35 Old Country Road, Westbury, New York.
23. That at all times herein mentioned, the defendant,
McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents,
contractors, lessees, permittees and/or employees operated said
premises and/or place of business located at 35 Old Country Road,
Westbury, New York.
24. That at all times herein mentioned, the defendant,
McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents,
contractors, lessees, permittees and/or employees maintained said
premises and/or place of business located at 35 Old Country Road,
Westbury, New York.
25. That at all times herein mentioned, the defendant,
McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents,
contractors, lessees, permittees and/or employees managed said
premises and/or place of business located at 35 Old Country Road,
Westbury, New York.
26. That at all times herein mentioned, the defendant,
McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents,
contractors, lessees, permittees and/or employees controlled said
premises and/or place of business located at 35 Old Country Road,
Westbury, New York.
27. That at all times herein mentioned, the defendant,
McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents,
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contractors, lessees, permittees and/or employees supervised said
premises and/or place of business located at 35 Old Country Road,
Westbury, New York.
28. That at all times herein mentioned, the defendant,
McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents,
contractors, lessees, permittees and/or employees planned said
premises and/or place of business located at 35 Old Country Road,
Westbury, New York.
29. That at all times herein mentioned, the defendant,
McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents,
contractors, lessees, permittees and/or employees designed said
premises and/or place of business located at 35 Old Country Road,
Westbury, New York.
30. That at all times herein mentioned, the defendant,
McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents,
contractors, lessees, permittees and/or employees constructed
said premises and/or place of business located at 35 Old Country
Road, Westbury, New York.
31. That at all times herein mentioned, it was the
duty of the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC.,
its servants, agents, contractors, lessees, permittees and/or
employees to maintain said drive thru, concrete walkway, sidewalk
and/or entranceway upon said premises and/or place of business in
reasonably safe and suitable condition and repair.
32. That at all times herein mentioned, it was the
duty of the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC.,
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its servants, agents, contractors, lessees, permittees and/or
employees to safely and adequately direct, channel and control
the flow of traffic upon premises and/or place of business.
33. That at all times herein mentioned, it was the
duty of the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC.,
its servants, agents, contractors, lessees, permittees and/or
employees to safely and adequately direct, channel and control
the movement of motor vehicles and pedestrians upon said
premises, drive thru, concrete walkway, sidewalk and/or
entranceway.
34. That at all times herein mentioned, it was the
duty of the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC.,
its servants, agents, contractors, lessees, permittees and/or
employees to provide for the safety, protection and well-being of
lawful patrons and/or pedestrians upon said premises, drive thru,
concrete walkway, sidewalk and/or entranceway.
35. That at all times herein mentioned, the defendant,
LAURINO ENTERPRISES, was a domestic corporation duly existing
under and by virtue of the laws of the State of New York.
36. That at all times herein mentioned, the defendant,
LAURINO ENTERPRISES, was a foreign corporation duly authorized to
conduct business in the State of New York.
37. That at all times herein mentioned, the defendant,
LAURINO ENTERPRISES, was a corporation doing business in the
State of New York.
38. That at all times herein mentioned, the defendant,
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LAURINO ENTERPRISES, owned premises located at 35 Old Country
Road, Westbury, New York.
39. That at all times herein mentioned, the defendant,
LAURINO ENTERPRISES, owned a place of business located at 35 Old
Country Road, Westbury, New York.
40. That at all times herein mentioned, the defendant,
LAURINO ENTERPRISES, its servants, agents, contractors, lessees,
permittees and/or employees operated said premises and/or place
of business located at 35 Old Country Road, Westbury, New York.
41. That at all times herein mentioned, the defendant,
LAURINO ENTERPRISES, its servants, agents, contractors, lessees,
permittees and/or employees maintained said premises and/or place
of business located at 35 Old Country Road, Westbury, New York.
42. That at all times herein mentioned, the defendant,
LAURINO ENTERPRISES, its servants, agents, contractors, lessees,
permittees and/or employees managed said premises and/or place of
business located at 35 Old Country Road, Westbury, New York.
43. That at all times herein mentioned, the defendant,
LAURINO ENTERPRISES, its servants, agents, contractors, lessees,
permittees and/or employees controlled said premises and/or place
of business located at 35 Old Country Road, Westbury, New York.
44. That at all times herein mentioned, the defendant,
LAURINO ENTERPRISES, its servants, agents, contractors, lessees,
permittees and/or employees supervised said premises and/or place
of business located at 35 Old Country Road, Westbury, New York.
45. That at all times herein mentioned, the defendant,
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LAURINO ENTERPRISES, its servants, agents, contractors, lessees,
permittees and/or employees planned said premises and/or place of
business located at 35 Old Country Road, Westbury, New York.
46. That at all times herein mentioned, the defendant,
LAURINO ENTERPRISES, its servants, agents, contractors, lessees,
permittees and/or employees designed said premises and/or place
of business located at 35 Old Country Road, Westbury, New York.
47. That at all times herein mentioned, the defendant,
LAURINO ENTERPRISES, its servants, agents, contractors, lessees,
permittees and/or employees constructed said premises and/or
place of business located at 35 Old Country Road, Westbury, New
York.
48. That at all times herein mentioned, it was the
duty of the defendant, LAURINO ENTERPRISES, its servants, agents,
contractors, lessees, permittees and/or employees to maintain
said drive thru, concrete walkway, sidewalk and/or entranceway
upon said premises and/or place of business in reasonably safe
and suitable condition and repair.
49. That at all times herein mentioned, it was the
duty of the defendant, LAURINO ENTERPRISES, its servants, agents,
contractors, lessees, permittees and/or employees to safely and
adequately direct, channel and control the flow of traffic upon
premises and/or place of business.
50. That at all times herein mentioned, it was the
duty of the defendant, LAURINO ENTERPRISES, its servants, agents,
contractors, lessees, permittees and/or employees to safely and
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adequately direct, channel and control the movement of motor
vehicles and pedestrians upon said premises, drive thru, concrete
walkway, sidewalk and/or entranceway.
51. That at all times herein mentioned, it was the
duty of the defendant, LAURINO ENTERPRISES, its servants, agents,
contractors, lessees, permittees and/or employees to provide for
the safety, protection and well-being of lawful patrons and/or
pedestrians upon said premises, drive thru, concrete walkway,
sidewalk and/or entranceway.
52. That at all times herein mentioned, the defendant,
JEL-WB FOOD CORP., was a domestic corporation duly existing under
and by virtue of the laws of the State of New York.
53. That at all times herein mentioned, the defendant,
JEL-WB FOOD CORP., was a foreign corporation duly authorized to
conduct business in the State of New York.
54. That at all times herein mentioned, the.defendant,
JEL-WB FOOD CORP., was a corporation doing business in the State
of New York.
55. That at all times herein mentioned, the defendant,
JEL-WB FOOD CORP., owned premises located at 35 Old Country Road,
Westbury, New York.
56. That at all times herein mentioned, the defendant,
JEL-WB FOOD CORP., owned a place of business located at 35 Old
Country Road, Westbury, New York.
57. That at all times herein mentioned, the defendant,
JEL-WB FOOD CORP., its servants, agents, contractors, lessees,
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permittees and/or employees operated said premises and/or place
of business located at 35 Old Country Road, Westbury, New York.
58. That at all times herein mentioned, the defendant,
JEL-WB FOOD CORP., its servants, agents, contractors, lessees,
permittees and/or employees maintained said premises and/or place
of business located at 35 Old Country Road, Westbury, New York.
59. That at all times herein mentioned, the defendant,
JEL-WB FOOD CORP., its servants, agents, contractors, lessees,
permittees and/or employees managed said premises and/or place of
business located at 35 Old Country Road, Westbury, New York.
60. That at all times herein mentioned, the defendant,
JEL-WB FOOD CORP., its servants, agents, contractors, lessees,
permittees and/or employees controlled said premises and/or place
of business located at 35 Old Country Road, Westbury, New York.
61. That at all times herein mentioned, the defendant,
JEL-WB FOOD CORP., its servants, agents, contractors, lessees,
permittees and/or employees supervised said premises and/or place
of business located at 35 Old Country Road, Westbury, New York.
62. That at all times herein mentioned, the defendant,
JEL-WB FOOD CORP., its servants, agents, contractors, lessees,
permittees and/or employees planned said premises and/or place of
business located at 35 Old Country Road, Westbury, New York.
63. That at all times herein mentioned, the defendant,
JEL-WB FOOD CORP., its servants, agents, contractors, lessees,
permittees and/or employees designed said premises and/or place
of business located at 35 Old Country Road, Westbury, New York.
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64. That at all times herein mentioned, the defendant,
JEL-WB FOOD CORP., its servants, agents, contractors, lessees,
permittees and/or employees constructed said premises and/or
place of business located at 35 Old Country Road, Westbury, New
York.
65. That at all times herein mentioned, it was the
duty of the defendant, JEL-WB FOOD CORP., its servants, agents,
contractors, lessees, permittees and/or employees to maintain
said drive thru, concrete walkway, sidewalk and/or entranceway
upon said premises and/or place of business in reasonably safe
and suitable condition and repair.
66. That at all times herein mentioned, it was the
duty of the defendant, JEL-WB FOOD CORP., its servants, agents,
contractors, lessees, permittees and/or employees to safely and
adequately direct, channel and control the flow of traffic upon
premises and/or place of business.
67. That at all times herein mentioned, it was the
duty of the defendant, JEL-WB FOOD CORP., its servants, agents,
contractors, lessees, permittees and/or employees to safely and
adequately direct, channel and control the movement of motor
vehicles and pedestrians upon said premises, drive thru, concrete
walkway, sidewalk and/or entranceway.
68. That at all times herein mentioned, it was the
duty of the defendant, JEL-WB FOOD CORP., its servants, agents,
contractors, lessees, permittees and/or employees to provide for
the safety, protection and well-being of lawful patrons and/or
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pedestrians upon said premises, drive thru, concrete walkway,
sidewalk and/or entranceway.
69. That at all times herein mentioned, the defendant,
RA-LINE FOODS, INC., was a domestic corporation duly existing
under and by virtue of the laws of the State of New York.
70. That at all times herein mentioned, the defendant,
RA-LINE FOODS, INC., was a foreign corporation duly authorized to
conduct business in the State of New York.
71. That at all times herein mentioned, the defendant,
RA-LINE FOODS, INC., was a corporation doing business in the
State of New York.
72. That at all times herein mentioned, the defendant,
RA-LINE FOODS, INC., owned premises located at 35 Old Co
Preview
FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------X Index No.; INEZ GONZALES CRISPIN, Date Filed: Plaintiff, Plaintiff designates NEW YORK COUNTY as the place of -against- trial McDONALD'S CORPORATION, McDONALD'S The basis for venue is the RESTAURANTS OF NEW YORK, INC., LAURINO Defendant's residence JEL-WB FOOD RA- ENTERPRISES, CORP, LINE FOODS, INC. and SANTO C. SUMMONS PONTICELLO, Defendant(s)designates New Defendants. York County as its ---------------------------------X principal office To the above-named Defendants: YOU ARE HEREBY SUMMONED to answer the verified complaint in this action and to serve a copy of your answer, or if the verified complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's attorney LAW OFFICES OF ARCIA & ASSOCIATES, P.C. within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if the 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: Jackson Heights, New York August 19, 2019 Yours, etc. ANDRAY C GHOR ESQ. LAW OFF ES OF ARCIA & ASSOCIATES, P.C. Attorne s for Plaintiff INEZ GONZALEZ CRISPIN 79-09 Roosevelt 2nd Floor Avenue, Jackson Heights, New York 11372 (718) 424-2222 Phone -SEE ATTACHED RIDER- 1 of 27 FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 Defendants' Addresses McDONALD's CORPORATION C/O THE PRENTICE-HALL CORPORATION SYSTEM, INC. 80 STATE STREET ALBANY, NEW YORK, 12207 McDONALD's RESTAURANTS OF NEW YORK, INC. C/O THE PRENTICE-HALL CORPORATION SYSTEM, INC. 80 STATE STREET ALBANY, NEW YORK, 12207 LAURINO ENTERPRISES 806 W Merrick Road Valley Stream, New York, 11580 JEL-WB FOOD CORP. Laurino Enterprises 806 W Merrick Road Valley Stream, New York, 11580 RA-LINE FOODS, INC. McDonalds 35 Old Country Road Westbury, New York, 11590 SANTO C. PONTICELLO 612 Meadowoods Dr. East Meadow, New York 11554 2 of 27 FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __----_________________-----____________ INEZ GONZALEZ CRISPIN, Plaintiff -against- VERIFIED COMPLAINT McDONALD'S CORPORATION, McDONALD'S RESTAURANT OF NEW YORK, INC., LAURINO JEL-WB FOOD RA- ENTERPRISES, CORP, LINE FOODS, INC. and SANTO C. PONTICELLO, Defendants ______----__________________-------_______ Plaintiff, by her attorney, E. ABEL ARCIA, ESQ., as and for a verified Complaint herein, respectfully sets forth and alleges: 1. That at all times herein mentioned, the defendant, McDONALD'S CORPORATION, was a domestic corporation duly existing under and by virtue of the laws of the State of New York. 2. That at all times herein mentioned, the defendant, McDONALD'S CORPORATION, was a foreign corporation duly authorized to conduct business in the State of New York. 3. That at all times herein mentioned, the defendant, McDONALD'S CORPORATION, was a corporation doing business in the State of New York. 4. That at all times herein mentioned, the defendant, McDONALD'S CORPORATION, owned certain premises located at 35 Old Country Road, Westbury, New York. 5. That at all times herein mentioned, the defendant, -1- 3 of 27 FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 McDONALD'S CORPORATION, owned certain place of business located at 35 Old Country Road, Westbury, New York. 6. That at all times herein mentioned, the defendant, McDONALD'S CORPORATION, its servants, agents, contractors, lessees, permittees and/or employees operated said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 7. That at all times herein mentioned, the defendant, McDONALD'S CORPORATION, its servants, agents, contractors, lessees, permittees and/or employees maintained said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 8. That at all times herein mentioned, the defendant, McDONALD'S CORPORATION, its servants, agents, contractors, lessees, permittees and/or employees managed said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 9. That at all times herein mentioned, the defendant, McDONALD'S CORPORATION, its servants, agents, contractors, lessees, permittees and/or employees controlled said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 10. That at all times herein mentioned, the defendant, McDONALD'S CORPORATION, its servants, agents, contractors, lessees, permittees and/or employees supervised said premises and/or place of business located at 35 Old Country Road, -2- 4 of 27 FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 Westbury, New York. 11. That at all times herein mentioned, the defendant, McDONALD'S CORPORATION, its servants, agents, contractors, lessees, permittees and/or employees planned said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 12. That at all times herein mentioned, the defendant, McDONALD'S CORPORATION, its servants, agents, contractors, lessees, permittees and/or employees designed said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 13. That at all times herein mentioned, the defendant, McDONALD'S CORPORATION, its servants, agents, contractors, lessees, permittees and/or employees constructed said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 14. That at all times herein mentioned, it was the duty of the defendant, McDONALD'S CORPORATION, its servants, agents, contractors, lessees, permittees and/or employees to maintain said drive thru, concrete walkway, sidewalk and/or entranceway upon said premises and/or place of business in reasonably safe and suitable condition and repair. 15. That at all times herein mentioned, it was the duty of the defendant, McDONALD'S CORPORATION, its servants, agents, contractors, lessees, permittees and/or employees to safely and adequately direct, channel and control the flow of -3- 5 of 27 FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 traffic upon premises and/or place of business. 16. That at all times herein mentioned, it was the duty of the defendant, McDONALD'S CORPORATION, its servants, agents, contractors, lessees, permittees and/or employees to safely and adequately direct, channel and control the movement of motor vehicles and pedestrians upon said premises, drive thru, concrete walkway, sidewalk and/or entranceway. 17. That at all times herein mentioned, it was the duty of the defendant, McDONALD'S CORPORATION, its servants, agents, contractors, lessees, permittees and/or employees to provide for the safety, protection and well-being of lawful patrons and/or pedestrians upon said premises, drive thru, concrete walkway, sidewalk and/or entranceway. 18. That at all times herein mentioned, the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., was a domestic corporation duly existing under and by virtue of the laws of the State of New York. 19. That at all times herein mentioned, the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., was a foreign corporation duly authorized to conduct business in the State of New York. 20. That at all times herein mentioned, the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., was a corporation doing business in the State of New York. 21. That at all times herein mentioned, the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., owned certain premises -4- 6 of 27 FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 located at 35 Old Country Road, Westbury, New York. 22. That at all times herein mentioned, the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., owned certain place of business located at 35 Old Country Road, Westbury, New York. 23. That at all times herein mentioned, the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents, contractors, lessees, permittees and/or employees operated said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 24. That at all times herein mentioned, the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents, contractors, lessees, permittees and/or employees maintained said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 25. That at all times herein mentioned, the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents, contractors, lessees, permittees and/or employees managed said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 26. That at all times herein mentioned, the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents, contractors, lessees, permittees and/or employees controlled said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 27. That at all times herein mentioned, the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents, -5- 7 of 27 FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 contractors, lessees, permittees and/or employees supervised said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 28. That at all times herein mentioned, the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents, contractors, lessees, permittees and/or employees planned said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 29. That at all times herein mentioned, the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents, contractors, lessees, permittees and/or employees designed said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 30. That at all times herein mentioned, the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents, contractors, lessees, permittees and/or employees constructed said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 31. That at all times herein mentioned, it was the duty of the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents, contractors, lessees, permittees and/or employees to maintain said drive thru, concrete walkway, sidewalk and/or entranceway upon said premises and/or place of business in reasonably safe and suitable condition and repair. 32. That at all times herein mentioned, it was the duty of the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., -6- 8 of 27 FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 its servants, agents, contractors, lessees, permittees and/or employees to safely and adequately direct, channel and control the flow of traffic upon premises and/or place of business. 33. That at all times herein mentioned, it was the duty of the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents, contractors, lessees, permittees and/or employees to safely and adequately direct, channel and control the movement of motor vehicles and pedestrians upon said premises, drive thru, concrete walkway, sidewalk and/or entranceway. 34. That at all times herein mentioned, it was the duty of the defendant, McDONALD'S RESTAURANT OF NEW YORK, INC., its servants, agents, contractors, lessees, permittees and/or employees to provide for the safety, protection and well-being of lawful patrons and/or pedestrians upon said premises, drive thru, concrete walkway, sidewalk and/or entranceway. 35. That at all times herein mentioned, the defendant, LAURINO ENTERPRISES, was a domestic corporation duly existing under and by virtue of the laws of the State of New York. 36. That at all times herein mentioned, the defendant, LAURINO ENTERPRISES, was a foreign corporation duly authorized to conduct business in the State of New York. 37. That at all times herein mentioned, the defendant, LAURINO ENTERPRISES, was a corporation doing business in the State of New York. 38. That at all times herein mentioned, the defendant, 9 of 27 FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 LAURINO ENTERPRISES, owned premises located at 35 Old Country Road, Westbury, New York. 39. That at all times herein mentioned, the defendant, LAURINO ENTERPRISES, owned a place of business located at 35 Old Country Road, Westbury, New York. 40. That at all times herein mentioned, the defendant, LAURINO ENTERPRISES, its servants, agents, contractors, lessees, permittees and/or employees operated said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 41. That at all times herein mentioned, the defendant, LAURINO ENTERPRISES, its servants, agents, contractors, lessees, permittees and/or employees maintained said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 42. That at all times herein mentioned, the defendant, LAURINO ENTERPRISES, its servants, agents, contractors, lessees, permittees and/or employees managed said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 43. That at all times herein mentioned, the defendant, LAURINO ENTERPRISES, its servants, agents, contractors, lessees, permittees and/or employees controlled said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 44. That at all times herein mentioned, the defendant, LAURINO ENTERPRISES, its servants, agents, contractors, lessees, permittees and/or employees supervised said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 45. That at all times herein mentioned, the defendant, -8- 10 of 27 FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 LAURINO ENTERPRISES, its servants, agents, contractors, lessees, permittees and/or employees planned said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 46. That at all times herein mentioned, the defendant, LAURINO ENTERPRISES, its servants, agents, contractors, lessees, permittees and/or employees designed said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 47. That at all times herein mentioned, the defendant, LAURINO ENTERPRISES, its servants, agents, contractors, lessees, permittees and/or employees constructed said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 48. That at all times herein mentioned, it was the duty of the defendant, LAURINO ENTERPRISES, its servants, agents, contractors, lessees, permittees and/or employees to maintain said drive thru, concrete walkway, sidewalk and/or entranceway upon said premises and/or place of business in reasonably safe and suitable condition and repair. 49. That at all times herein mentioned, it was the duty of the defendant, LAURINO ENTERPRISES, its servants, agents, contractors, lessees, permittees and/or employees to safely and adequately direct, channel and control the flow of traffic upon premises and/or place of business. 50. That at all times herein mentioned, it was the duty of the defendant, LAURINO ENTERPRISES, its servants, agents, contractors, lessees, permittees and/or employees to safely and -9- 11 of 27 FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 adequately direct, channel and control the movement of motor vehicles and pedestrians upon said premises, drive thru, concrete walkway, sidewalk and/or entranceway. 51. That at all times herein mentioned, it was the duty of the defendant, LAURINO ENTERPRISES, its servants, agents, contractors, lessees, permittees and/or employees to provide for the safety, protection and well-being of lawful patrons and/or pedestrians upon said premises, drive thru, concrete walkway, sidewalk and/or entranceway. 52. That at all times herein mentioned, the defendant, JEL-WB FOOD CORP., was a domestic corporation duly existing under and by virtue of the laws of the State of New York. 53. That at all times herein mentioned, the defendant, JEL-WB FOOD CORP., was a foreign corporation duly authorized to conduct business in the State of New York. 54. That at all times herein mentioned, the.defendant, JEL-WB FOOD CORP., was a corporation doing business in the State of New York. 55. That at all times herein mentioned, the defendant, JEL-WB FOOD CORP., owned premises located at 35 Old Country Road, Westbury, New York. 56. That at all times herein mentioned, the defendant, JEL-WB FOOD CORP., owned a place of business located at 35 Old Country Road, Westbury, New York. 57. That at all times herein mentioned, the defendant, JEL-WB FOOD CORP., its servants, agents, contractors, lessees, -10- 12 of 27 FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 permittees and/or employees operated said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 58. That at all times herein mentioned, the defendant, JEL-WB FOOD CORP., its servants, agents, contractors, lessees, permittees and/or employees maintained said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 59. That at all times herein mentioned, the defendant, JEL-WB FOOD CORP., its servants, agents, contractors, lessees, permittees and/or employees managed said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 60. That at all times herein mentioned, the defendant, JEL-WB FOOD CORP., its servants, agents, contractors, lessees, permittees and/or employees controlled said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 61. That at all times herein mentioned, the defendant, JEL-WB FOOD CORP., its servants, agents, contractors, lessees, permittees and/or employees supervised said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 62. That at all times herein mentioned, the defendant, JEL-WB FOOD CORP., its servants, agents, contractors, lessees, permittees and/or employees planned said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 63. That at all times herein mentioned, the defendant, JEL-WB FOOD CORP., its servants, agents, contractors, lessees, permittees and/or employees designed said premises and/or place of business located at 35 Old Country Road, Westbury, New York. -11- 13 of 27 FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 64. That at all times herein mentioned, the defendant, JEL-WB FOOD CORP., its servants, agents, contractors, lessees, permittees and/or employees constructed said premises and/or place of business located at 35 Old Country Road, Westbury, New York. 65. That at all times herein mentioned, it was the duty of the defendant, JEL-WB FOOD CORP., its servants, agents, contractors, lessees, permittees and/or employees to maintain said drive thru, concrete walkway, sidewalk and/or entranceway upon said premises and/or place of business in reasonably safe and suitable condition and repair. 66. That at all times herein mentioned, it was the duty of the defendant, JEL-WB FOOD CORP., its servants, agents, contractors, lessees, permittees and/or employees to safely and adequately direct, channel and control the flow of traffic upon premises and/or place of business. 67. That at all times herein mentioned, it was the duty of the defendant, JEL-WB FOOD CORP., its servants, agents, contractors, lessees, permittees and/or employees to safely and adequately direct, channel and control the movement of motor vehicles and pedestrians upon said premises, drive thru, concrete walkway, sidewalk and/or entranceway. 68. That at all times herein mentioned, it was the duty of the defendant, JEL-WB FOOD CORP., its servants, agents, contractors, lessees, permittees and/or employees to provide for the safety, protection and well-being of lawful patrons and/or -12- 14 of 27 FILED: NEW YORK COUNTY CLERK 08/22/2019 03:35 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 pedestrians upon said premises, drive thru, concrete walkway, sidewalk and/or entranceway. 69. That at all times herein mentioned, the defendant, RA-LINE FOODS, INC., was a domestic corporation duly existing under and by virtue of the laws of the State of New York. 70. That at all times herein mentioned, the defendant, RA-LINE FOODS, INC., was a foreign corporation duly authorized to conduct business in the State of New York. 71. That at all times herein mentioned, the defendant, RA-LINE FOODS, INC., was a corporation doing business in the State of New York. 72. That at all times herein mentioned, the defendant, RA-LINE FOODS, INC., owned premises located at 35 Old Co