Preview
FILED: NEW YORK COUNTY CLERK 07/17/2019 02:40 PM INDEX NO. 157025/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/18/2019
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF NEW YORK Date Purchased:
--------------------------------- ---------------------------X SUMMONS
YONA COHEN,
Plaintiff designates New York
Plaintiff, County as the place of trial.
-against-
The basis of venue is:
PLAINTIFF RESIDENCE
232 EAST 59TH ST OWNER, LLC,
Plaintiff resides at:
Defendant, 453 FDR Drive
-------------------------------------------------------- X New York,
County of New York
To the above named Defendant:
You are hereby summoned to answer the complaint in this action, and to serve a copy
of your answer, or, ifthe complaint isnot served with this summons, to serve a notice of appearance
on thePlaintiff s attorneys within twenty days after the service of this summons, exclusive ofthe day
of service, where service ismade by delivery upon you personally within the state, or, within 30 days
after completion of service where service is made in any other manner. In case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: New York, NY
June 13, 2019
DAVID M. ASCHER, ESQ.
Law Office of David Ascher
Attorney for Plaintiff(s)
Yona Cohen
150 Broadway, Suite 911
New York, NY 10038
Our File No. 4010615
TO:
232 East 59th ST Owner, LLC
C/O Kanen Law Firm
18th
90 Park Avenue,
New York, NY 10016
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/18/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------X COMPLAINT
YONA COHEN,
Plaintiff,
-against-
232 EAST 59TH ST OWNER, LLC,
Defendant,
------------------X
Plaintiff, by her attorneys, Law Office of David Ascher, ccmplaiñing of the Defendant,
respectfully alleges, upon information and belief:
1. That at the time of the commencement ofthis action, Plaintiff Yona Cohen resided in
the County of New York, City and State of New York.
2. That the cause of action alleged herein arose in the County of New York, City and
State of New York.
3. That this action falls within one or more of the exemptions set forth in CPLR §1602.
59th
4. That at all times herein mentioned, Defendant 232 East ST Owner, LLC was
and stillis a domestic corporation duly organized and existing under and by the virtue of the laws of
the State of New York.
595
5. That at all times herein meñtioned, Defendant 232 East ST Owner, LLC
maiñtaiñed a principal place of business in the County of New York, City and State of New York.
6. That on Jañüâry 29, 2019, and at all times herein mentioned, Defendant 232 East
59*
59th ST Owner, LLC owned the premises known as and located at 232 East Street, County of
New York, City and State of New York.
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7. That on Jañüary 29, 2019, and at alltimes herein the aforesaid premiscs
mentioned,
were operated by Defendant 232 East 59th ST Owner, LLC.
8. That on January 29, 2019, and at alltimes herein the aforesaid premises
mentioned,
were managed by Defendant 232 East 59th ST Owner, LLC.
9. That on January 29, 2019, and at all times herein mentioned, the aforesaid premises
were controlled by Defendant 232 East 59th ST Owner, LLC.
10. That on January 29, 2019, and at all times herein mentioned, the aforesaid premises
were maintained by Defendant 232 East 59th ST Owner, LLC.
11. That at all times hereinafter mentioned, the Defeñdâñt 232 East 59th ST Owner,
LLC repaired the aforesaid premises.
12. That at all times hereinafter mentioned, a New York City sidewalk abutted the
aforesaid premises.
13. That at alltimes hereinafter mentioned, a sidewalk abutted the aforesaid premises
14. On January 29, 2019 Plaintiff Yona Cohen was lawfully on the aforesaid sidewalk.
15. That on Plaintiff Yona Cohen was a lawful pedestrian at the above-
January 29, 2019,
mentioned location.
16. That on January 29, 2019, while Plaintiff was lawfully at the aforesaid location,
Plaintiff was caused to slip and/or trip and falland sustain severe and permañer.t injuries.
17. The above mentioned occurrence, and the results thereof, were caused by the
negligence of the Defendant and/or said Defendant's agents, servants, employees and/or licensees in
the ownership, operation management, maintenance and control of the aforesaid premises
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/18/2019
18. That pursuant to New York City Admidstrative Code 7-210, the Defendant was
responsible for the maiñteñance, repair and condition of the above mentioned sidewalk.
19. That, upon information and belief, Defendant had actual notice of this defective
condition and/or created the dangerous and defective condition which was the proximate cause of the
accident.
20. That no ñegligence on the part of the Plaintiff contributed to the occurrence alleged
herein in any manner whatsoever.
21. That because of the above stated premises, Plaintiff Yona Cohen was caused to
sustain serious injuries and to have suffered pain, shock and mental anguish; that these injuries and
their effects will be and as a result of said injuries Plaintiffhas been ""-d to and
permanent; incur,
will continue to incur, expemes for medical care and attention; and, as a further result, Plaintiff was,
and will continue to be, rendered unable to perform Plaintiff s normal activities and duties and has
sustained a resultant loss therefrom.
22. That by reason of the foregoing, Plaintiff Yona Cohen was damaged in a sum which
exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/18/2019
WHEREFORE, Plaintiff demands judgment against the Defendants herein, in a
sum exceeding the jurisdictional limits of alllower courts which would otherwise have
jurisdiction, together with the costs and disbursements of this action.
Dated: New York, NY
June 13, 2019
Yours, etc.
David M. scher, Esq.
Law Office of David Ascher
Attorney for Plaintiff(s)
Yona Cohen
150 Broadway, Suite 911
New York, NY 1003S
Our File No. 4010615
5
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/18/2019
PLAINTIFF'S VERIFICATION
STATE OF NEW YORK
ss:
COUNTY OF NEW YORK
Yona Cohen, being duly sworn, says:
I am a Plaintiff in the action herein: I have read the amlexed COMPLAINT and know the
contents thereof, and the same are true to my knowledge.
DATED: New York, NY
JULY 2, 2019
Y(na Cohen
Sworn to before me this
2ND Day of JULY , 2019
Notary Public
AAVO M. ASCHER
Notely PubHo-8tate ofNewYork
no.atASSOm31
08/30/2
6
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Preview
FILED: NEW YORK COUNTY CLERK 07/17/2019 02:40 PM INDEX NO. 157025/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/18/2019 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NEW YORK Date Purchased: --------------------------------- ---------------------------X SUMMONS YONA COHEN, Plaintiff designates New York Plaintiff, County as the place of trial. -against- The basis of venue is: PLAINTIFF RESIDENCE 232 EAST 59TH ST OWNER, LLC, Plaintiff resides at: Defendant, 453 FDR Drive -------------------------------------------------------- X New York, County of New York To the above named Defendant: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, ifthe complaint isnot served with this summons, to serve a notice of appearance on thePlaintiff s attorneys within twenty days after the service of this summons, exclusive ofthe day of service, where service ismade by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, NY June 13, 2019 DAVID M. ASCHER, ESQ. Law Office of David Ascher Attorney for Plaintiff(s) Yona Cohen 150 Broadway, Suite 911 New York, NY 10038 Our File No. 4010615 TO: 232 East 59th ST Owner, LLC C/O Kanen Law Firm 18th 90 Park Avenue, New York, NY 10016 1 of 6 FILED: NEW YORK COUNTY CLERK 07/17/2019 02:40 PM INDEX NO. 157025/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/18/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------X COMPLAINT YONA COHEN, Plaintiff, -against- 232 EAST 59TH ST OWNER, LLC, Defendant, ------------------X Plaintiff, by her attorneys, Law Office of David Ascher, ccmplaiñing of the Defendant, respectfully alleges, upon information and belief: 1. That at the time of the commencement ofthis action, Plaintiff Yona Cohen resided in the County of New York, City and State of New York. 2. That the cause of action alleged herein arose in the County of New York, City and State of New York. 3. That this action falls within one or more of the exemptions set forth in CPLR §1602. 59th 4. That at all times herein mentioned, Defendant 232 East ST Owner, LLC was and stillis a domestic corporation duly organized and existing under and by the virtue of the laws of the State of New York. 595 5. That at all times herein meñtioned, Defendant 232 East ST Owner, LLC maiñtaiñed a principal place of business in the County of New York, City and State of New York. 6. That on Jañüâry 29, 2019, and at all times herein mentioned, Defendant 232 East 59* 59th ST Owner, LLC owned the premises known as and located at 232 East Street, County of New York, City and State of New York. 2 of 6 FILED: NEW YORK COUNTY CLERK 07/17/2019 02:40 PM INDEX NO. 157025/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/18/2019 7. That on Jañüary 29, 2019, and at alltimes herein the aforesaid premiscs mentioned, were operated by Defendant 232 East 59th ST Owner, LLC. 8. That on January 29, 2019, and at alltimes herein the aforesaid premises mentioned, were managed by Defendant 232 East 59th ST Owner, LLC. 9. That on January 29, 2019, and at all times herein mentioned, the aforesaid premises were controlled by Defendant 232 East 59th ST Owner, LLC. 10. That on January 29, 2019, and at all times herein mentioned, the aforesaid premises were maintained by Defendant 232 East 59th ST Owner, LLC. 11. That at all times hereinafter mentioned, the Defeñdâñt 232 East 59th ST Owner, LLC repaired the aforesaid premises. 12. That at all times hereinafter mentioned, a New York City sidewalk abutted the aforesaid premises. 13. That at alltimes hereinafter mentioned, a sidewalk abutted the aforesaid premises 14. On January 29, 2019 Plaintiff Yona Cohen was lawfully on the aforesaid sidewalk. 15. That on Plaintiff Yona Cohen was a lawful pedestrian at the above- January 29, 2019, mentioned location. 16. That on January 29, 2019, while Plaintiff was lawfully at the aforesaid location, Plaintiff was caused to slip and/or trip and falland sustain severe and permañer.t injuries. 17. The above mentioned occurrence, and the results thereof, were caused by the negligence of the Defendant and/or said Defendant's agents, servants, employees and/or licensees in the ownership, operation management, maintenance and control of the aforesaid premises 3 of 6 FILED: NEW YORK COUNTY CLERK 07/17/2019 02:40 PM INDEX NO. 157025/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/18/2019 18. That pursuant to New York City Admidstrative Code 7-210, the Defendant was responsible for the maiñteñance, repair and condition of the above mentioned sidewalk. 19. That, upon information and belief, Defendant had actual notice of this defective condition and/or created the dangerous and defective condition which was the proximate cause of the accident. 20. That no ñegligence on the part of the Plaintiff contributed to the occurrence alleged herein in any manner whatsoever. 21. That because of the above stated premises, Plaintiff Yona Cohen was caused to sustain serious injuries and to have suffered pain, shock and mental anguish; that these injuries and their effects will be and as a result of said injuries Plaintiffhas been ""-d to and permanent; incur, will continue to incur, expemes for medical care and attention; and, as a further result, Plaintiff was, and will continue to be, rendered unable to perform Plaintiff s normal activities and duties and has sustained a resultant loss therefrom. 22. That by reason of the foregoing, Plaintiff Yona Cohen was damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 4 4 of 6 FILED: NEW YORK COUNTY CLERK 07/17/2019 02:40 PM INDEX NO. 157025/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/18/2019 WHEREFORE, Plaintiff demands judgment against the Defendants herein, in a sum exceeding the jurisdictional limits of alllower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: New York, NY June 13, 2019 Yours, etc. David M. scher, Esq. Law Office of David Ascher Attorney for Plaintiff(s) Yona Cohen 150 Broadway, Suite 911 New York, NY 1003S Our File No. 4010615 5 5 of 6 FILED: NEW YORK COUNTY CLERK 07/17/2019 02:40 PM INDEX NO. 157025/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/18/2019 PLAINTIFF'S VERIFICATION STATE OF NEW YORK ss: COUNTY OF NEW YORK Yona Cohen, being duly sworn, says: I am a Plaintiff in the action herein: I have read the amlexed COMPLAINT and know the contents thereof, and the same are true to my knowledge. DATED: New York, NY JULY 2, 2019 Y(na Cohen Sworn to before me this 2ND Day of JULY , 2019 Notary Public AAVO M. ASCHER Notely PubHo-8tate ofNewYork no.atASSOm31 08/30/2 6 6 of 6