Preview
FILED: SUFFOLK COUNTY CLERK 02/19/2019 05:52 PM INDEX NO. 603355/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019
SUPREME COURT OF THE STATE OF NEWYORK
COUNTY OF SUFFOLK
---------------------------------- ------------------------------x
ANTHONY PASTORE, Index No:
Date Filed:
Plaintiff, SUMMONS
-against-
Plaintiff designates
Suffolk County as the
Place oftrial.
JAMES POLLARO and KIM POLLARO,
Venue is based upon
Plaintiff's Residence
Defendant.
---- ------ -x
To the Above Nanrd Defendant(s):
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the plaintiffs attomey 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 completed if this
summons is not personally delivered to you within the State of New York); and in case of your
failure to appear or answer, judgment will be taken against you by default for the relief demanded
in the complaint.
Dated: Long Beach, New Yok
February 14, 2019
PE IC & SCHAEFER, LLC
By:
MAŽTHÊW1fRUZZESSE, ESQ.
Attorney r Plaintiff
1005 West Beech Street
Long Beach, New Yok 11561
Tel.: (516) 432-9400
Defendant(s) Addresses:
18™
489 Street, West Babylon, New York
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_______ ----------X
ANTHONY PASTORE, Index No.
Plaintiff, VERIFIED COMPLAINT
-against-
JAMES POLLARO and KIM POLLARO,
Defendants.
----- -X
Plaintiff, ANTHONY PASTORE, by his attorneys PEKNIC, PEKNIC & SCHAEFER,
LLC., complaining of the defendant herein, respectfully alleges as follows:
1. That at all times hereinafter mentioned, the plaintiff ANTHONY PASTORE
resides in the County of Suffolk, State of New York.
2. That at all times hereinafter mentioned, the defendant JAMES POLLARO resides
in the County of Suffolk, State of New York.
3. That at all times hereinafter mentioned, the defendant KIM POLLARO resides in
the County of Suffolk, State of New York.
4. That at all times hereinafter mentioned, the defendant, JAMES POLLARO, owns
the located at 489 18th West New York.
property Street, Babylon,
5. That at all times hereinafter mentioned, the defendant, JAMES POLLARO,
controls the property located at 489 18th Street, West Babylon, New York.
6. That at all times hereinafter mentioned, the defendant, JAMES POLLARO,
operates the property located at 489 18th Street, West Babylon, New York.
7. That at all times hereinafter mentioned, the defendant, JAMES POLLARO,
maintains the property located at 489 18th Street, West Babylon, New York.
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8. That at all times hereinafter mentioned, the defendant, JAMES POLLARO,
manages the property located at 489 18th Street, West Babylon, New York.
9. That at all times hereinafter mentioned, the defendant JAMES POLLARO, was
responsible for the stairs at premises 489 18th West New York.
maintaining Street, Babylon,
10. That at all times hereinafter mentioned, the defendant, KIM POLLARO, owns the
property located at 489 18th Street, West Babylon, New York.
11. That at all times hereinafter mentioned, the defendant, KIM POLLARO, controls
the property located at 489 18th Street, West Babylon, New York.
12. That at all times hereinafter mentioned, the defendant, KIM POLLARO, operates
the property located at 489 18th Street, West Babylon, New York.
13. That at all times hereinafter mentioned, the defendant, KIM POLLARO,
maintains the property located at 489 18th Street, West Babylon, New York.
14. That at all times hereinafter mentioned, the defendant, KIM POLLARO, manages
the property located at 489 18th Street, West Babylon, New York.
15. That at all times hereinafter mentioned, the defendant KIM POLLARO, was
responsible for maintaining the stairs at premises 489 18th Street, West Babylon, New York.
16. That on April 5, 2016 at approximately 7:00 p.m. the plaintiff, ANTHONY
PASTORE, was lawfully upon the aforesaid premises and was caused to slip, and fall while
trip
traversing down a stairwell of defendant's property thereby causing the plaintiff to sustain
serious, severe and permanent injuries.
17. That the defendants, their agents, servants and/or employees did commit the
following acts of negligence that caused the plaintiff's injuries: causing, and
allowing permitting
the premises to become and remain in a defective and dangerous condition; to maintain
failing
the stairs at the above mentioned location; in a state of disrepair the stairs and stairwell
keeping
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located at defendant's property aforementioned; in failing to provide adequate lighting; in
failing to warn persons lawfully upon said premises of the dangerous condition; in failing to
erect barricades or other devices so as to prevent the incident complained of; in failing to
properly maintain the staircase which caused plaintiff to slip and fall; in failing to provide
adequate lighting; in hiring unskilled and/or incompetent persons to maintain the premises
and in particular the stairwell and stairs in question; in failing to comply with those applicable
laws, rules, regulations and/or ordinances; in failing to properly maintain, operate, manage
defendants'
and/or control the premises especially the stairs and stairwell located at premises;
in creating the dangerous condition; in having constructive notice of the dangerous condition
and failing to cure the defect; in having actual notice of the dangerous condition and failing to
cure the condition; in having inadequate handrails at the subject location; in not having enough
handrails at the subject location; in improperly installing the handrails at the stairwell where the
accident occurred; in installing the handrails at an improper height; in allowing stairway risers
and treads to remain in a dangerous condition; in allowing stairway risers and treads to become
worn and slippery without properly repairing them; in allowing stairway risers and treads to
become and remain icy and dangerous; in failing to clear the ice off the stairs at the subject
location; in failing to warn of the slippery condition; in failing to provide a safe means for water
to drain to prevent the accumulation of ice; in failing to ensure the stairs were affixed with a
non-slip finish; in causing, allowing and permitting the stairwell described above to become
and remain in a dangerous condition; in hiring unskilled and/or incompetent persons to
maintain the stairs; in failing to comply with applicable laws, rules, regulations and/or
ordinances; in failing to properly maintain, operate, manage and/or control the stairwell in
question; and in otherwise being negligent and careless.
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18. That as a result of the negligence complained of herein, the defendants caused
the plaintiff to sustain severe and permanent injuries; to suffer great pain, agony and anguish,
which upon information and belief are thought to be permanent; to incur and continue to incur
medical expenses and other economic losses.
19. That the aforesaid defect and dangerous condition did cause the plaintiff to slip,
trip and fall and to suffer severe and permanent injuries to his person.
20. That the aforesaid incident occurred due to the negligence of the defendants,
their agents, servants, employees and/or supervisors.
21. That as a result of the negligent and careless conduct of the defendants
complained of herein, the plaintiff was caused to sustain serous and permanent bodily injury
about diverse parts of his body; was and is rendered sick, sore, lame, and disabled; was and is
incapacitated from duties, activities vocations and avocations; experienced great pain and
suffering as well as mental anguish and continues to suffer from said injuries; upon inforrnation
and belief the plaintiff has sustained a serious injury due to the negligence of the defendant and
he did receive and still receives medical care and did incur and still incurs economic losses and
expenses.
22. That the incident complained of and resulting injuries were caused solely by the
negligence of the defendants, their agents, servants or employees, without any negligence by
the plaintiff contributing thereto.
23. That this action falls within one (1) or more exceptions set forth in Article 16 of
the Civil Practice Laws and Rules of the State of New York.
24. That as a result of the negligence of the defendants complained of herein, the
Plaintiff sustained damages in an amount to be determined by a jury at trial and the amount of
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said damages exceeds the jurisdictional amount of all other courts that would
monetary
otherwise have jurisdiction.
WHEREFORE, the plaintiff demands judgment against the defendants in a sum to be
determined by a jury at trial with interest thereon; together with the costs and disbursements of
this action, and the amount of damages exceeds the jurisdictional limits of all lower courts that
would otherwise have jurisdiction.
Dated: Long Beach, New York
Î , 2019
February
Yours, etc
MATTIÓW ZESSE, ESQ.
PEKNIC, PE IC & SCHAEFER, LLC.
Attorneys for Plaintiff
1005 W. Beech Street
Long Beach, New York 11561
(516) 432-9400
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VERIFICATION
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK )
ANTHONY PASTORE, being duly sworn, deposes and says:
That I am the plaintiff in the within action; that I have read the foregoing COMPLAINT and know
the contents thereof; the same is true to my knowledge except as to those matters therein stated to
be based upon information and belief and as to those matters I believe them to be true.
Dated: Long Beach, New York
February 14, 2019
ANTHONY PASTORE
Sworn to before me this
14th of February 2019
day
NOTARY UB IC
KATH . GREMSE
Public State of New York
Notary
No. 01GR4910674
Qualified in Nassau County
Commission Expires Nov. 16, 20
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Index No. Year 20
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
ANTHONY PASTORE,
Plaintiff,
--against--
JAMES POLLARO and KIM POLLARO,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
PEKNIC, PEKNIC & SCHAEFER, LLC
Attorneys for Plaintiff
1005 West Beech Street
Long Beach, NY 11561
Ph-516-432-9400
Fax -
516-432-5396
ATTORNEY CERTIFICATION
The undersigned, an attorney admitted to practice in the courts of New York State, certifies th on information, belief and reasonable
inquiry, the contentions conkined in the above referenced document(s) are not frivolous.
Dated: Long Beach, New York
February 14, 2019
MA;ffHEW ZESSE, ESQ.
Sir: Please take notice
O NOTICE OF ENTRY
that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named on
, 20 .
O NOTICE OF SETTLEMENT
that an order of which the within is a true copy will be presented for senleent to the Honorable
, one of the judges of the within named court at
on , 20 at M.
To:
Yours etc.,
PEKNIC, PEKNIC & SCHAEFER, LLC
Attorneys for Plaintiff
1005 West Beech Street
Long Beach, NY 11561
Ph-516-432-9400
Fax - 516-432-5396
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Preview
FILED: SUFFOLK COUNTY CLERK 02/19/2019 05:52 PM INDEX NO. 603355/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 SUPREME COURT OF THE STATE OF NEWYORK COUNTY OF SUFFOLK ---------------------------------- ------------------------------x ANTHONY PASTORE, Index No: Date Filed: Plaintiff, SUMMONS -against- Plaintiff designates Suffolk County as the Place oftrial. JAMES POLLARO and KIM POLLARO, Venue is based upon Plaintiff's Residence Defendant. ---- ------ -x To the Above Nanrd Defendant(s): YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the plaintiffs attomey 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 completed if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Long Beach, New Yok February 14, 2019 PE IC & SCHAEFER, LLC By: MAŽTHÊW1fRUZZESSE, ESQ. Attorney r Plaintiff 1005 West Beech Street Long Beach, New Yok 11561 Tel.: (516) 432-9400 Defendant(s) Addresses: 18™ 489 Street, West Babylon, New York 1 of 8 FILED: SUFFOLK COUNTY CLERK 02/19/2019 05:52 PM INDEX NO. 603355/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _______ ----------X ANTHONY PASTORE, Index No. Plaintiff, VERIFIED COMPLAINT -against- JAMES POLLARO and KIM POLLARO, Defendants. ----- -X Plaintiff, ANTHONY PASTORE, by his attorneys PEKNIC, PEKNIC & SCHAEFER, LLC., complaining of the defendant herein, respectfully alleges as follows: 1. That at all times hereinafter mentioned, the plaintiff ANTHONY PASTORE resides in the County of Suffolk, State of New York. 2. That at all times hereinafter mentioned, the defendant JAMES POLLARO resides in the County of Suffolk, State of New York. 3. That at all times hereinafter mentioned, the defendant KIM POLLARO resides in the County of Suffolk, State of New York. 4. That at all times hereinafter mentioned, the defendant, JAMES POLLARO, owns the located at 489 18th West New York. property Street, Babylon, 5. That at all times hereinafter mentioned, the defendant, JAMES POLLARO, controls the property located at 489 18th Street, West Babylon, New York. 6. That at all times hereinafter mentioned, the defendant, JAMES POLLARO, operates the property located at 489 18th Street, West Babylon, New York. 7. That at all times hereinafter mentioned, the defendant, JAMES POLLARO, maintains the property located at 489 18th Street, West Babylon, New York. 1 2 of 8 FILED: SUFFOLK COUNTY CLERK 02/19/2019 05:52 PM INDEX NO. 603355/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 8. That at all times hereinafter mentioned, the defendant, JAMES POLLARO, manages the property located at 489 18th Street, West Babylon, New York. 9. That at all times hereinafter mentioned, the defendant JAMES POLLARO, was responsible for the stairs at premises 489 18th West New York. maintaining Street, Babylon, 10. That at all times hereinafter mentioned, the defendant, KIM POLLARO, owns the property located at 489 18th Street, West Babylon, New York. 11. That at all times hereinafter mentioned, the defendant, KIM POLLARO, controls the property located at 489 18th Street, West Babylon, New York. 12. That at all times hereinafter mentioned, the defendant, KIM POLLARO, operates the property located at 489 18th Street, West Babylon, New York. 13. That at all times hereinafter mentioned, the defendant, KIM POLLARO, maintains the property located at 489 18th Street, West Babylon, New York. 14. That at all times hereinafter mentioned, the defendant, KIM POLLARO, manages the property located at 489 18th Street, West Babylon, New York. 15. That at all times hereinafter mentioned, the defendant KIM POLLARO, was responsible for maintaining the stairs at premises 489 18th Street, West Babylon, New York. 16. That on April 5, 2016 at approximately 7:00 p.m. the plaintiff, ANTHONY PASTORE, was lawfully upon the aforesaid premises and was caused to slip, and fall while trip traversing down a stairwell of defendant's property thereby causing the plaintiff to sustain serious, severe and permanent injuries. 17. That the defendants, their agents, servants and/or employees did commit the following acts of negligence that caused the plaintiff's injuries: causing, and allowing permitting the premises to become and remain in a defective and dangerous condition; to maintain failing the stairs at the above mentioned location; in a state of disrepair the stairs and stairwell keeping 2 3 of 8 FILED: SUFFOLK COUNTY CLERK 02/19/2019 05:52 PM INDEX NO. 603355/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 located at defendant's property aforementioned; in failing to provide adequate lighting; in failing to warn persons lawfully upon said premises of the dangerous condition; in failing to erect barricades or other devices so as to prevent the incident complained of; in failing to properly maintain the staircase which caused plaintiff to slip and fall; in failing to provide adequate lighting; in hiring unskilled and/or incompetent persons to maintain the premises and in particular the stairwell and stairs in question; in failing to comply with those applicable laws, rules, regulations and/or ordinances; in failing to properly maintain, operate, manage defendants' and/or control the premises especially the stairs and stairwell located at premises; in creating the dangerous condition; in having constructive notice of the dangerous condition and failing to cure the defect; in having actual notice of the dangerous condition and failing to cure the condition; in having inadequate handrails at the subject location; in not having enough handrails at the subject location; in improperly installing the handrails at the stairwell where the accident occurred; in installing the handrails at an improper height; in allowing stairway risers and treads to remain in a dangerous condition; in allowing stairway risers and treads to become worn and slippery without properly repairing them; in allowing stairway risers and treads to become and remain icy and dangerous; in failing to clear the ice off the stairs at the subject location; in failing to warn of the slippery condition; in failing to provide a safe means for water to drain to prevent the accumulation of ice; in failing to ensure the stairs were affixed with a non-slip finish; in causing, allowing and permitting the stairwell described above to become and remain in a dangerous condition; in hiring unskilled and/or incompetent persons to maintain the stairs; in failing to comply with applicable laws, rules, regulations and/or ordinances; in failing to properly maintain, operate, manage and/or control the stairwell in question; and in otherwise being negligent and careless. 3 4 of 8 FILED: SUFFOLK COUNTY CLERK 02/19/2019 05:52 PM INDEX NO. 603355/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 18. That as a result of the negligence complained of herein, the defendants caused the plaintiff to sustain severe and permanent injuries; to suffer great pain, agony and anguish, which upon information and belief are thought to be permanent; to incur and continue to incur medical expenses and other economic losses. 19. That the aforesaid defect and dangerous condition did cause the plaintiff to slip, trip and fall and to suffer severe and permanent injuries to his person. 20. That the aforesaid incident occurred due to the negligence of the defendants, their agents, servants, employees and/or supervisors. 21. That as a result of the negligent and careless conduct of the defendants complained of herein, the plaintiff was caused to sustain serous and permanent bodily injury about diverse parts of his body; was and is rendered sick, sore, lame, and disabled; was and is incapacitated from duties, activities vocations and avocations; experienced great pain and suffering as well as mental anguish and continues to suffer from said injuries; upon inforrnation and belief the plaintiff has sustained a serious injury due to the negligence of the defendant and he did receive and still receives medical care and did incur and still incurs economic losses and expenses. 22. That the incident complained of and resulting injuries were caused solely by the negligence of the defendants, their agents, servants or employees, without any negligence by the plaintiff contributing thereto. 23. That this action falls within one (1) or more exceptions set forth in Article 16 of the Civil Practice Laws and Rules of the State of New York. 24. That as a result of the negligence of the defendants complained of herein, the Plaintiff sustained damages in an amount to be determined by a jury at trial and the amount of 4 5 of 8 FILED: SUFFOLK COUNTY CLERK 02/19/2019 05:52 PM INDEX NO. 603355/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 said damages exceeds the jurisdictional amount of all other courts that would monetary otherwise have jurisdiction. WHEREFORE, the plaintiff demands judgment against the defendants in a sum to be determined by a jury at trial with interest thereon; together with the costs and disbursements of this action, and the amount of damages exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. Dated: Long Beach, New York Î , 2019 February Yours, etc MATTIÓW ZESSE, ESQ. PEKNIC, PE IC & SCHAEFER, LLC. Attorneys for Plaintiff 1005 W. Beech Street Long Beach, New York 11561 (516) 432-9400 5 6 of 8 FILED: SUFFOLK COUNTY CLERK 02/19/2019 05:52 PM INDEX NO. 603355/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 VERIFICATION STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ANTHONY PASTORE, being duly sworn, deposes and says: That I am the plaintiff in the within action; that I have read the foregoing COMPLAINT and know the contents thereof; the same is true to my knowledge except as to those matters therein stated to be based upon information and belief and as to those matters I believe them to be true. Dated: Long Beach, New York February 14, 2019 ANTHONY PASTORE Sworn to before me this 14th of February 2019 day NOTARY UB IC KATH . GREMSE Public State of New York Notary No. 01GR4910674 Qualified in Nassau County Commission Expires Nov. 16, 20 7 of 8 FILED: SUFFOLK COUNTY CLERK 02/19/2019 05:52 PM INDEX NO. 603355/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/19/2019 Index No. Year 20 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ANTHONY PASTORE, Plaintiff, --against-- JAMES POLLARO and KIM POLLARO, Defendants. SUMMONS AND VERIFIED COMPLAINT PEKNIC, PEKNIC & SCHAEFER, LLC Attorneys for Plaintiff 1005 West Beech Street Long Beach, NY 11561 Ph-516-432-9400 Fax - 516-432-5396 ATTORNEY CERTIFICATION The undersigned, an attorney admitted to practice in the courts of New York State, certifies th on information, belief and reasonable inquiry, the contentions conkined in the above referenced document(s) are not frivolous. Dated: Long Beach, New York February 14, 2019 MA;ffHEW ZESSE, ESQ. Sir: Please take notice O NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named on , 20 . O NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for senleent to the Honorable , one of the judges of the within named court at on , 20 at M. To: Yours etc., PEKNIC, PEKNIC & SCHAEFER, LLC Attorneys for Plaintiff 1005 West Beech Street Long Beach, NY 11561 Ph-516-432-9400 Fax - 516-432-5396 8 of 8