Preview
FILED: NASSAU COUNTY CLERK 03/14/2019 04:32 PM INDEX NO. 603605/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-------------------------------------------------------------------x Filed:
BONITA WILLIAMS,
INDEX NO.:
Plaintiff,
Plaintiff designates Nassau
-against- as the place of trial.
County
VILLAGE OF HEMPSTEAD, TOWN OF
HEMPSTEAD and COUNTY OF NASSU SUMMONS
Defendants. The basis of venue is where
the plaintiff resides.
The plaintiff resides at:
840 Uniondale Avenue, Apt 1K
Uniondale, New York 11553
County of Nassau
--------------------------------------------------------------------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 on the plaintiff's attorneys within 20 days after the service of this
summons, exclusive of the day of service of this summons, or within 30 days after service of this
summons is complete if this summons is not personally delivered to you within the State of New
York.
In case of your failure to answer this summons, a judgment by default will be taken
against you for the relief demanded in the complaint, together with the costs of this action.
Dated: New York, New York
March 13, 2019
KENÑETH I. BEAL, ESQ.
BEAL & BEAL, ESQS.
Attorneys for the Plaintiff
34"'
225 West Street, Suite 1718
New York, New York 10122
(212) 596-7232
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DEFENDANTS:
Village of Hempstead
99 Nichols Court
Hempstead, New York 11550
Town of Hempstead
1 Washington Street
Hempstead, New York 11550
County of Nassau
240 Old Country Road
Mineola, New York 11501
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-------------------------------------------------------------------------x
BONITA WILLIAMS
Plaintiff Index Number:
-against- VERIFIED COMPLAINT
VILLAGE OF HEMPSTEAD, TOWN OF
HEMPSTEAD and COUNTY OF NASSAU
Defendants
------------------------------------------------------------------------x
Plaintiff BONITA WILLIAMS, complaining of the Defendants by her attorneys,
BEAL & BEAL, ESQS, respectfully alleges as follows:
AS AND FOR A FIRST CAUSE OF ACTION BEHALF
OF PLAINTIFF BONITA WILLIAMS
1. That at all times hereinafter mentioned, plaintiff BONITA WILLIAMS was
and still is a resident of the County of Nassau, State of New York.
2. That upon information and belief, and at all times hereinafter mentioned the
defendant VILLAGE OF HEMPSTEAD was and still is a municipal entity
existing by virtue of the laws of the State of New York, with a principal
place of business located at 99 Nichols Court, Hempstead, New York.
3. That upon information and belief, and at all times hereinafter mentioned the
defendant TOWN OF HEMPSTEAD was and still is a municipal entity
existing by virtue of the laws of the State of New York, with a principal
place of business located at 1 Washington Street, Hempstead, New York.
4. That upon information and belief, and at all times hereinafter mentioned the
defendant COUNTY OF NASSAU was and still is a municipal entity
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existing by virtue of the laws of the State of New York, with a principal
place of business located 1 West Street, Mineola, New York.
5. That on or about July 19, 2018, the defendants VILLAGE OF
HEMPSTEAD, TOWN OF HEMPSTEAD, and the COUNTY OF
NASSAU were duly served with a Notice of Claim in accordance with law.
6. That the defendant VILLAGE OF HEMPSTEAD conducted a 50-H hearing
pursuant to the General Municipal law on or about December 20, 2018.
7. That the defendant TOWN OF HEMPSTEAD has waived its 50-H hearing
of the Plaintiff in this case.
8. That the defendant COUNTY OF NASSAU has waived its 50-H hearing of
the Plaintiff in this case.
9. That the within action is being commenced within one (1) year and ninety
(90) days from the date of the subject accident in accordance with law, and
that this matter remains unsettled at this time.
10. Upon information and belief, on or about May 19, 2018, and at all times
hereinafter mentioned the defendant VILLAGE OF HEMPSTEAD was the
owners and in possession and in control of the roadway of Harvard Street
and Harriet Avenue, Hempstead, New York, in the County of Nassau, State
of New York.
11. That the defendant VILLAGE OF HEMPSTEAD, its agents, servants,
contractees, bureaus, departments, agencies and/or employees, were legally
bound to maintain the aforesaid roadway in a safe condition for travel by all
persons, including the plaintiff, who might have occasion to use the same,
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and because of its negligence, carelessness and disregard of its duty to
maintain and keep said roadway free from cracked, uneven, raised, and
defective and hazardous conditions, including metal protruding upward from
the roadway asphalt, and reasonably safe for use and travel by all persons,
including the plaintiff herein, the defendant VILLAGE OF HEMPSTEAD
became and are liable to the plaintiff for injuries and damages sustained by
her.
12. That the defendant VILLAGE OF HEMPSTEAD, its agents, servants
contractees, agencies, bureaus, departments, and/or employees, were
negligent, careless, and reckless in the ownership, operation, management,
maintenance, supervision, inspection, design, control, and repair of the
subject roadway, in that said roadway was caused, permitted, and allowed
to be and become and remain defective, dangerous, hazardous, and trap-like
for a long and unreasonable period of time without inspection, supervision,
maintenance, and/or repair which did cause severe injuries to the plaintiff
herein.
13. That on or about the 19th day of May 2018, while the plaintiff BONITA
WILLIAMS was lawfully and properly and with exercise of due care,
traversing the aforementioned roadway at the subject location, she was
caused to trip and fall due to the cracked, broken, uneven, raised, sunken,
and defective sidewalk, and the metal protruding upward from the roadway
asphalt, causing her to sustain the injuries and damages hereinafter more
fully set forth.
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14. That by reason of the foregoing, plaintiff, BONITA WILLIAMS was
rendered sick, sore, lame and disabled, and caused to suffer severe shock to
her nervous system; was caused to suffer great physical pain, mental
anguish and bodily injuries, some injuries plaintiff was informed and verily
believes will be of a permanent nature, and will cause her to suffer
continuous pain and inconvenience.
15. That as a result of said injuries, plaintiff BONITA WILLIAMS was obliged
to receive medical aid and attention, and was confined to her bed and home
for some time, and will be obligated to receive medical aid and attention in
an attempt to cure herself of her injuries.
16. That the injuries and damages sustained by plaintiff BONITA WILLIAMS
herein were caused solely by the reason of the negligence, carelessness and
disregard of duty of defendant VILLAGE OF HEMPSTEAD, its agents,
servants, contractees, bureaus, departments, and/or employees, and not
caused by any want or lack of care or caution on the part of the plaintiff
herein.
17. That this action falls within one or more of the exceptions as enumerated in
Section 1601 of the CPLR.
18. That by reason of the foregoing, plaintiff, BONITA WILLIAMS has been
damaged in a sum to be determined by a court of competent jurisdiction, but
which exceeds the jurisdictional limit of all lower courts.
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AS AND FOR A SECOND CAUSE OF ACTION BEHALF
OF PLAINTIFF BONITA WILLIAMS
19. That the Plaintiff BONITA WILLIAMS and re-
hereby repeats, reiterates,
"1" "18"
alleges each and every allegation contained in Paragraphs through
as if fully stated at length herein.
20. That the within action is being commenced within one (1) year and ninety
(90) days from the date of the subject accident in accordance with law, and
that this matter remains unsettled at this time.
21. Upon information and belief, on or about May 19, 2018, and at all times
hereinafter mentioned the defendant TOWN OF HEMPSTEAD was the
owners and in possession and in control of the roadway of Harvard Street
and Harriet Avenue, Hempstead, New York, in the County of Nassau, State
ofNew York.
22. That the defendant TOWN OF HEMPSTEAD, its agents, servants,
contractees, bureaus, departments, agencies and/or employees, were legally
bound to maintain the aforesaid roadway in a safe condition for travel by all
persons, including the plaintiff, who might have occasion to use the same,
and because of its negligence, carelessness and disregard of its duty to
maintain and keep said roadway free from cracked, uneven, raised, and
defective and hazardous conditions, including metal protruding upward from
the roadway asphalt, and reasonably safe for use and travel by all persons,
including the plaintiff herein, the defendant TOWN OF HEMPSTEAD
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became and are liable to the plaintiff for injuries and damages sustained by
her.
23. That the defendant TOWN OF HEMPSTEAD, its agents, servants
contractees, agencies, bureaus, departments, and/or employees, were
negligent, careless, and reckless in the ownership, operation, management,
maintenance, supervision, inspection, design, control, and repair of the
subject roadway, in that said roadway was caused, permitted, and allowed
to be and become and remain defective, dangerous, hazardous, and trap-like
for a long and unreasonable period of time without inspection, supervision,
maintenance, and/or repair which did cause severe injuries to the plaintiff
herein.
24. That on or about the 19th day of May 2018, while the plaintiff BONITA
WILLIAMS was lawfully and properly and with exercise of due care,
traversing the aforementioned roadway at the subject location, she was
caused to trip and fall due to the cracked, broken, uneven, raised, sunken,
and defective sidewalk, and the metal protruding upward from the roadway
asphalt, causing her to sustain the injuries and damages hereinafter more
fully set forth.
25. That by reason of the foregoing, plaintiff, BONITA WILLIAMS was
rendered sick, sore, lame and disabled, and caused to suffer severe shock to
her nervous system; was caused to suffer great physical pain, mental
anguish and bodily injuries, some injuries plaintiff was informed and verily
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believes will be of a permanent nature, and will cause her to suffer
continuous pain and inconvenience.
26. That as a result of said injuries, plaintiff BONITA WILLIAMS was obliged
to receive medical aid and attention, and was confined to her bed and home
for some time, and will be obligated to receive medical aid and attention in
an attempt to cure herself of her injuries.
27. That the injuries and damages sustained by plaintiff BONITA WILLIAMS
herein were caused solely by the reason of the negligence, carelessness and
disregard of duty of defendant TOWN OF HEMPSTEAD, its agents,
servants, contractees, bureaus, departments, and/or employees, and not
caused by any want or lack of care or caution on the part of the plaintiff
herein.
28. That this action falls within one or more of the exceptions as enumerated in
Section 1601 of the CPLR.
29. That by reason of the foregoing, plaintiff, BONITA WILLIAMS has been
damaged in a sum to be determined by a court of competent jurisdiction, but
which exceeds the jurisdictional limit of all lower courts.
AS AND FOR A THIRD CAUSE OF ACTION BEHALF
OF PLAINTIFF BONITA WILLIAMS
30. That the plaintiff BONITA WILLIAMS and re-
hereby repeats, reiterates,
"1" "29"
alleges each and every allegation contained in Paragraphs through
as if fully stated at length herein.
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31. That the within action is being commenced within one (1) year and ninety
(90) days from the date of the subject accident in accordance with law, and
that this matter remains unsettled at this time.
32. Upon information and belief, on or about May 19, 2018, and at all times
hereinafter mentioned the defendant COUNTY OF NASSAU was the
owners and in possession and in control of the roadway of Harvard Street
and Harriet Avenue, Hempstead, New York, in the County of Nassau, State
of New York.
33. That the defendant COUNTY OF NASSAU, its agents, servants,
contractees, bureaus, departments, agencies and/or employees, were legally
bound to maintain the aforesaid roadway in a safe condition for travel by all
persons, including the plaintiff, who might have occasion to use the same,
and because of its negligence, carelessness and disregard of its duty to
maintain and keep said roadway free from cracked, uneven, raised, and
defective and hazardous conditions, including metal protruding upward from
the roadway asphalt, and reasonably safe for use and travel by all persons,
including the plaintiff herein, the defendant COUNTY OF NASSAU
became and are liable to the plaintiff for injuries and damages sustained by
her.
34. That the defendant COUNTY OF NASSAU, its agents, servants contractees,
agencies, bureaus, departments, and/or employees, were negligent, careless,
and reckless in the ownership, operation, management, maintenance,
supervision, inspection, design, control, and repair of the subject roadway,
10 of 15
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in that said was caused, permitted, and allowed to be and become
roadway
and remain defective, dangerous, hazardous, and trap-like for a long and
unreasonable period of time without inspection, supervision, maintenance,
and/or repair which did cause severe injuries to the plaintiff herein.
35. That on or about the 19th day of May 2018, while the plaintiff BONITA
WILLIAMS was lawfully and properly and with exercise of due care,
traversing the aforementioned roadway at the subject location, she was
caused to trip and fall due to the cracked, broken, uneven, raised, sunken,
and defective sidewalk, and the metal protruding upward from the roadway
asphalt, causing her to sustain the injuries and damages hereinafter more
fully set forth.
36. That by reason of the foregoing, plaintiff, BONITA WILLIAMS was
rendered sick, sore, lame and disabled, and caused to suffer severe shock to
her nervous system; was caused to suffer great physical pain, mental
anguish and bodily injuries, some injuries plaintiff was informed and verily
believes will be of a permanent nature, and will cause her to suffer
continuous pain and inconvenience.
37. That as a result of said injuries, plaintiff BONITA WILLIAMS was obliged
to receive medical aid and attention, and was confined to her bed and home
for some time, and will be obligated to receive medical aid and attention in
an attempt to cure herself of her injuries.
38. That the injuries and damages sustained by plaintiff BONITA WILLIAMS
herein were caused solely by the reason of the negligence, carelessness and
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disregard of duty of defendant COUNTY OF NASSAU, its agents, servants,
contractees, bureaus, departments, and/or employees, and not caused by any
want or lack of care or caution on the part of the plaintiff herein.
39. That this action falls within one or more of the
Preview
FILED: NASSAU COUNTY CLERK 03/14/2019 04:32 PM INDEX NO. 603605/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------x Filed: BONITA WILLIAMS, INDEX NO.: Plaintiff, Plaintiff designates Nassau -against- as the place of trial. County VILLAGE OF HEMPSTEAD, TOWN OF HEMPSTEAD and COUNTY OF NASSU SUMMONS Defendants. The basis of venue is where the plaintiff resides. The plaintiff resides at: 840 Uniondale Avenue, Apt 1K Uniondale, New York 11553 County of Nassau --------------------------------------------------------------------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 on the plaintiff's attorneys within 20 days after the service of this summons, exclusive of the day of service of this summons, or within 30 days after service of this summons is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer this summons, a judgment by default will be taken against you for the relief demanded in the complaint, together with the costs of this action. Dated: New York, New York March 13, 2019 KENÑETH I. BEAL, ESQ. BEAL & BEAL, ESQS. Attorneys for the Plaintiff 34"' 225 West Street, Suite 1718 New York, New York 10122 (212) 596-7232 1 of 15 FILED: NASSAU COUNTY CLERK 03/14/2019 04:32 PM INDEX NO. 603605/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2019 DEFENDANTS: Village of Hempstead 99 Nichols Court Hempstead, New York 11550 Town of Hempstead 1 Washington Street Hempstead, New York 11550 County of Nassau 240 Old Country Road Mineola, New York 11501 2 of 15 FILED: NASSAU COUNTY CLERK 03/14/2019 04:32 PM INDEX NO. 603605/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------------x BONITA WILLIAMS Plaintiff Index Number: -against- VERIFIED COMPLAINT VILLAGE OF HEMPSTEAD, TOWN OF HEMPSTEAD and COUNTY OF NASSAU Defendants ------------------------------------------------------------------------x Plaintiff BONITA WILLIAMS, complaining of the Defendants by her attorneys, BEAL & BEAL, ESQS, respectfully alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION BEHALF OF PLAINTIFF BONITA WILLIAMS 1. That at all times hereinafter mentioned, plaintiff BONITA WILLIAMS was and still is a resident of the County of Nassau, State of New York. 2. That upon information and belief, and at all times hereinafter mentioned the defendant VILLAGE OF HEMPSTEAD was and still is a municipal entity existing by virtue of the laws of the State of New York, with a principal place of business located at 99 Nichols Court, Hempstead, New York. 3. That upon information and belief, and at all times hereinafter mentioned the defendant TOWN OF HEMPSTEAD was and still is a municipal entity existing by virtue of the laws of the State of New York, with a principal place of business located at 1 Washington Street, Hempstead, New York. 4. That upon information and belief, and at all times hereinafter mentioned the defendant COUNTY OF NASSAU was and still is a municipal entity 3 of 15 FILED: NASSAU COUNTY CLERK 03/14/2019 04:32 PM INDEX NO. 603605/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2019 existing by virtue of the laws of the State of New York, with a principal place of business located 1 West Street, Mineola, New York. 5. That on or about July 19, 2018, the defendants VILLAGE OF HEMPSTEAD, TOWN OF HEMPSTEAD, and the COUNTY OF NASSAU were duly served with a Notice of Claim in accordance with law. 6. That the defendant VILLAGE OF HEMPSTEAD conducted a 50-H hearing pursuant to the General Municipal law on or about December 20, 2018. 7. That the defendant TOWN OF HEMPSTEAD has waived its 50-H hearing of the Plaintiff in this case. 8. That the defendant COUNTY OF NASSAU has waived its 50-H hearing of the Plaintiff in this case. 9. That the within action is being commenced within one (1) year and ninety (90) days from the date of the subject accident in accordance with law, and that this matter remains unsettled at this time. 10. Upon information and belief, on or about May 19, 2018, and at all times hereinafter mentioned the defendant VILLAGE OF HEMPSTEAD was the owners and in possession and in control of the roadway of Harvard Street and Harriet Avenue, Hempstead, New York, in the County of Nassau, State of New York. 11. That the defendant VILLAGE OF HEMPSTEAD, its agents, servants, contractees, bureaus, departments, agencies and/or employees, were legally bound to maintain the aforesaid roadway in a safe condition for travel by all persons, including the plaintiff, who might have occasion to use the same, 4 of 15 FILED: NASSAU COUNTY CLERK 03/14/2019 04:32 PM INDEX NO. 603605/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2019 and because of its negligence, carelessness and disregard of its duty to maintain and keep said roadway free from cracked, uneven, raised, and defective and hazardous conditions, including metal protruding upward from the roadway asphalt, and reasonably safe for use and travel by all persons, including the plaintiff herein, the defendant VILLAGE OF HEMPSTEAD became and are liable to the plaintiff for injuries and damages sustained by her. 12. That the defendant VILLAGE OF HEMPSTEAD, its agents, servants contractees, agencies, bureaus, departments, and/or employees, were negligent, careless, and reckless in the ownership, operation, management, maintenance, supervision, inspection, design, control, and repair of the subject roadway, in that said roadway was caused, permitted, and allowed to be and become and remain defective, dangerous, hazardous, and trap-like for a long and unreasonable period of time without inspection, supervision, maintenance, and/or repair which did cause severe injuries to the plaintiff herein. 13. That on or about the 19th day of May 2018, while the plaintiff BONITA WILLIAMS was lawfully and properly and with exercise of due care, traversing the aforementioned roadway at the subject location, she was caused to trip and fall due to the cracked, broken, uneven, raised, sunken, and defective sidewalk, and the metal protruding upward from the roadway asphalt, causing her to sustain the injuries and damages hereinafter more fully set forth. 5 of 15 FILED: NASSAU COUNTY CLERK 03/14/2019 04:32 PM INDEX NO. 603605/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2019 14. That by reason of the foregoing, plaintiff, BONITA WILLIAMS was rendered sick, sore, lame and disabled, and caused to suffer severe shock to her nervous system; was caused to suffer great physical pain, mental anguish and bodily injuries, some injuries plaintiff was informed and verily believes will be of a permanent nature, and will cause her to suffer continuous pain and inconvenience. 15. That as a result of said injuries, plaintiff BONITA WILLIAMS was obliged to receive medical aid and attention, and was confined to her bed and home for some time, and will be obligated to receive medical aid and attention in an attempt to cure herself of her injuries. 16. That the injuries and damages sustained by plaintiff BONITA WILLIAMS herein were caused solely by the reason of the negligence, carelessness and disregard of duty of defendant VILLAGE OF HEMPSTEAD, its agents, servants, contractees, bureaus, departments, and/or employees, and not caused by any want or lack of care or caution on the part of the plaintiff herein. 17. That this action falls within one or more of the exceptions as enumerated in Section 1601 of the CPLR. 18. That by reason of the foregoing, plaintiff, BONITA WILLIAMS has been damaged in a sum to be determined by a court of competent jurisdiction, but which exceeds the jurisdictional limit of all lower courts. 6 of 15 FILED: NASSAU COUNTY CLERK 03/14/2019 04:32 PM INDEX NO. 603605/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2019 AS AND FOR A SECOND CAUSE OF ACTION BEHALF OF PLAINTIFF BONITA WILLIAMS 19. That the Plaintiff BONITA WILLIAMS and re- hereby repeats, reiterates, "1" "18" alleges each and every allegation contained in Paragraphs through as if fully stated at length herein. 20. That the within action is being commenced within one (1) year and ninety (90) days from the date of the subject accident in accordance with law, and that this matter remains unsettled at this time. 21. Upon information and belief, on or about May 19, 2018, and at all times hereinafter mentioned the defendant TOWN OF HEMPSTEAD was the owners and in possession and in control of the roadway of Harvard Street and Harriet Avenue, Hempstead, New York, in the County of Nassau, State ofNew York. 22. That the defendant TOWN OF HEMPSTEAD, its agents, servants, contractees, bureaus, departments, agencies and/or employees, were legally bound to maintain the aforesaid roadway in a safe condition for travel by all persons, including the plaintiff, who might have occasion to use the same, and because of its negligence, carelessness and disregard of its duty to maintain and keep said roadway free from cracked, uneven, raised, and defective and hazardous conditions, including metal protruding upward from the roadway asphalt, and reasonably safe for use and travel by all persons, including the plaintiff herein, the defendant TOWN OF HEMPSTEAD 7 of 15 FILED: NASSAU COUNTY CLERK 03/14/2019 04:32 PM INDEX NO. 603605/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2019 became and are liable to the plaintiff for injuries and damages sustained by her. 23. That the defendant TOWN OF HEMPSTEAD, its agents, servants contractees, agencies, bureaus, departments, and/or employees, were negligent, careless, and reckless in the ownership, operation, management, maintenance, supervision, inspection, design, control, and repair of the subject roadway, in that said roadway was caused, permitted, and allowed to be and become and remain defective, dangerous, hazardous, and trap-like for a long and unreasonable period of time without inspection, supervision, maintenance, and/or repair which did cause severe injuries to the plaintiff herein. 24. That on or about the 19th day of May 2018, while the plaintiff BONITA WILLIAMS was lawfully and properly and with exercise of due care, traversing the aforementioned roadway at the subject location, she was caused to trip and fall due to the cracked, broken, uneven, raised, sunken, and defective sidewalk, and the metal protruding upward from the roadway asphalt, causing her to sustain the injuries and damages hereinafter more fully set forth. 25. That by reason of the foregoing, plaintiff, BONITA WILLIAMS was rendered sick, sore, lame and disabled, and caused to suffer severe shock to her nervous system; was caused to suffer great physical pain, mental anguish and bodily injuries, some injuries plaintiff was informed and verily 8 of 15 FILED: NASSAU COUNTY CLERK 03/14/2019 04:32 PM INDEX NO. 603605/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2019 believes will be of a permanent nature, and will cause her to suffer continuous pain and inconvenience. 26. That as a result of said injuries, plaintiff BONITA WILLIAMS was obliged to receive medical aid and attention, and was confined to her bed and home for some time, and will be obligated to receive medical aid and attention in an attempt to cure herself of her injuries. 27. That the injuries and damages sustained by plaintiff BONITA WILLIAMS herein were caused solely by the reason of the negligence, carelessness and disregard of duty of defendant TOWN OF HEMPSTEAD, its agents, servants, contractees, bureaus, departments, and/or employees, and not caused by any want or lack of care or caution on the part of the plaintiff herein. 28. That this action falls within one or more of the exceptions as enumerated in Section 1601 of the CPLR. 29. That by reason of the foregoing, plaintiff, BONITA WILLIAMS has been damaged in a sum to be determined by a court of competent jurisdiction, but which exceeds the jurisdictional limit of all lower courts. AS AND FOR A THIRD CAUSE OF ACTION BEHALF OF PLAINTIFF BONITA WILLIAMS 30. That the plaintiff BONITA WILLIAMS and re- hereby repeats, reiterates, "1" "29" alleges each and every allegation contained in Paragraphs through as if fully stated at length herein. 9 of 15 FILED: NASSAU COUNTY CLERK 03/14/2019 04:32 PM INDEX NO. 603605/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2019 31. That the within action is being commenced within one (1) year and ninety (90) days from the date of the subject accident in accordance with law, and that this matter remains unsettled at this time. 32. Upon information and belief, on or about May 19, 2018, and at all times hereinafter mentioned the defendant COUNTY OF NASSAU was the owners and in possession and in control of the roadway of Harvard Street and Harriet Avenue, Hempstead, New York, in the County of Nassau, State of New York. 33. That the defendant COUNTY OF NASSAU, its agents, servants, contractees, bureaus, departments, agencies and/or employees, were legally bound to maintain the aforesaid roadway in a safe condition for travel by all persons, including the plaintiff, who might have occasion to use the same, and because of its negligence, carelessness and disregard of its duty to maintain and keep said roadway free from cracked, uneven, raised, and defective and hazardous conditions, including metal protruding upward from the roadway asphalt, and reasonably safe for use and travel by all persons, including the plaintiff herein, the defendant COUNTY OF NASSAU became and are liable to the plaintiff for injuries and damages sustained by her. 34. That the defendant COUNTY OF NASSAU, its agents, servants contractees, agencies, bureaus, departments, and/or employees, were negligent, careless, and reckless in the ownership, operation, management, maintenance, supervision, inspection, design, control, and repair of the subject roadway, 10 of 15 FILED: NASSAU COUNTY CLERK 03/14/2019 04:32 PM INDEX NO. 603605/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2019 in that said was caused, permitted, and allowed to be and become roadway and remain defective, dangerous, hazardous, and trap-like for a long and unreasonable period of time without inspection, supervision, maintenance, and/or repair which did cause severe injuries to the plaintiff herein. 35. That on or about the 19th day of May 2018, while the plaintiff BONITA WILLIAMS was lawfully and properly and with exercise of due care, traversing the aforementioned roadway at the subject location, she was caused to trip and fall due to the cracked, broken, uneven, raised, sunken, and defective sidewalk, and the metal protruding upward from the roadway asphalt, causing her to sustain the injuries and damages hereinafter more fully set forth. 36. That by reason of the foregoing, plaintiff, BONITA WILLIAMS was rendered sick, sore, lame and disabled, and caused to suffer severe shock to her nervous system; was caused to suffer great physical pain, mental anguish and bodily injuries, some injuries plaintiff was informed and verily believes will be of a permanent nature, and will cause her to suffer continuous pain and inconvenience. 37. That as a result of said injuries, plaintiff BONITA WILLIAMS was obliged to receive medical aid and attention, and was confined to her bed and home for some time, and will be obligated to receive medical aid and attention in an attempt to cure herself of her injuries. 38. That the injuries and damages sustained by plaintiff BONITA WILLIAMS herein were caused solely by the reason of the negligence, carelessness and 11 of 15 FILED: NASSAU COUNTY CLERK 03/14/2019 04:32 PM INDEX NO. 603605/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2019 disregard of duty of defendant COUNTY OF NASSAU, its agents, servants, contractees, bureaus, departments, and/or employees, and not caused by any want or lack of care or caution on the part of the plaintiff herein. 39. That this action falls within one or more of the