Preview
FILED: NEW YORK COUNTY CLERK 09/18/2019 03:54 PM INDEX NO. 150436/2019
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/18/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
AMENDED SUMMONS
. -------------- ---__--...-----_-__..._ __.......------------X
Index No.: 150436/2019
CARMEN ROMERO,
Plaintiff designates New York
Plaintiff,
-against- County as the place of trial.
The basis of venue is:
THE CITY OF NEW YORK, THE NEW YORK CITY
Plaintiffs Residence and the
DEPARTMENT OF TRANSPORTATION, THE NEW
Cout1ty of Occurrence
YORK CITY DEPARTMENT OF EDUCATION,
CONSOLIDATED EDISON COMPANY OF NEW
Plaintiff resides at:
YORK, INC.. and CONSOLIDATED EDISON, INC.,
1 Sickles Street
Defendants.
New York, NY 10040
of New York
_____ ___--___-_____________ _________ -- X County
To the above named Defendant:
You are hereby summoned to answer the complaint in this action, and to serve a
of your answer, or, if the complaint is not served with this summons, to serve a notice of
copy
appearance on the Plaintiffs attorneys within twenty days after the service of this summons,
exclusive of the day of service, where service is made 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
.
defaiilt for the reliéf deinanded in flie cöniplaitit
Dated: New York, New York
September 13, 2019
STEVEN ADAM R E .
STEVEN ADAM RUBIN & O S, PLLC
. . 71 West 23 Street Suite 1623
New York, New York 10010
(212)-643-5402
TO: THE CITV OF NEW YORK
The City ofNew York/Law Department
Corporation Counsel .
100 Church Street
New York, NY 10007
THE NEW YORK CITY
DEPARTMENT OF EDUCATION
Corporation Counsel
. 100 Church Street
New York, NY 10007
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THE NEW YORK CITY
DEPARTMENT OF TRANSPORTATION
Corporation Counsel
100 Church Street
New York, NY 10007
CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC.
4 Irving Place, Room 1850-S
New York, NY 10003
Attn: Law Department
CONSOLIDATED EDISON, INC.
18*
4 Irving Place, Floor
New York, NY 10003
Attn: Law Department
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
____________----- ---- -----------------------------------------X
CARMEN ROMERO,
AMENDED COMPLAINT
Plaintiff,
. -against- Index No.: 150436/2019
THE CITY OF NEW YORK, THE NEW YORK CITY
DEPARTMENT OF TRANSPORTATION, THE NEW
YORK CITY DEPARTMENT OF EDUCATION,
CONSOLIDATED EDISON COMPANY OF NEW
YORK, INC. and CONSOLIDATED EDISON, INC.,
Defendants.
Plaintiff CARMEN ROMERO, by her attorneys, STEVEN ADAM RUBIN &
ASSOCIATES, PLLC, complaining of the Defendants THE CITY OF NEW YORK, THE
NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW YORK CITY
DEPARTMENT OF EDUCATION, CONSOLIDATED EDISON COMPANY OF NEW
YORK, INC. and CONSOLIDATED EDISON, INC. respectfully alleges, upon information and
belief:
1. That at the time of the commencement of this action, Plaintiff CARMEN
ROMERO resided in the County, City and State of New York.
2. That the cause of action alleged herein arose in the County, City and State of New
tork.
. 3. That this action falls within one or more of the exceptions set forth in CPLR
§1602.
4. That on August 24, 2018, and within the time prescribed by law, a sworn Notice
of Claim stating, among other things, the time when and place where the.injuries
and damages were sustained, toget1 r with Plaintiffs demands for adjustment
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thereof was duly served on the claimant's/Plaintiff's behalf on Defendants THE
CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF
TRANSPORTATION and THE NEW YORK CITY DEPARTMENT OF
EDUCATION and that thereafter they have refused or neglected for more than
thirty (30) days, and up to the cornmencemeiit of this action, to ritake any
adjustmei1t or payment thereof, and that thereafter, and within the time provided
by law, this action was commenced.
5. That on October 17, 2018, a hearing, on behalf of Plaintiff against THE CITY
OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF
TRANSPORTATION and THE NEW YORK CITY DEPARTMENT OF
EDUCATION, and pursuant to General Municipal Law Section 50-H, was held.
6. That on July 25, 2018, and at all times herein mentioned, Defendant THE CITY
. .OE NEW YORK, was and stillas.,annumcipal corporations.
7. That on July 25, 2018, and at all times herein mentioned, Defendant THE CITY
OF NEW YORK, by its agents, servants and/or employees operated and
maintained defendants THE NEW YORK CITY DEPARTMENT OF
TRANSPOR.TATION and THE NEW YORK CITY DEPARTMENT OF
EDUCATION.
8. That this action was commenced within one year and ninety days after accrual of
this.cause of action, or within the time allowed by law.
9. That on July 25, 2018, and at all times herein mentioned, a public thoroughfare
and sidewalk portions therefo existed in the County, City and State of New York,
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. in front of The Professor Juan Bosch School, PS 178, located at ,12-18 Ellwood
Street.
10. That on July 25, 2018, and at all times herein mentioned a premises existed
adjacent to the above noted address, owned and operated by Defendants THE
CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF
EDUCATION.
11. That on July 25, 2018, and . at all times herein mentioned, the aforesaid
thoroughfare.and the sidewalk portions in front of and adjacent to the above-
mentioned premises were owned by Defendants THE CITY OF NEW YORK,
and THE NEW YORK CITY DEPARTMENT OF EDUCATION.
12. That on July 25, 2018, and at all times. herein mentioned, the aforesaid
thoroughfare and the sidewalk portions in front of and adjacent to the above-
. mentioned premises. were owned;..operated and managed by Defendants. THE
CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF
TRANSPORTATION and THE NEW YORK CITY DEPARTMENT OF
EDUCATION.
13. That on July 25, 2018, and at all times herein mentioned, the aforesaid
thoroughfare and the sidewalk portions in front of and adjacent to the above-
mentioned premises were maintained by Defendants THE CITY OF NEW
YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION
and THE NEW YORK CITY DEPARTMENT OF EDUCATION.
14. That on July 25, 2018, and at all times herein mentipned, it was the duty of
Defendants THE CITY OF NEW YORK, THE NEW YORK CITY .
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DEPARTMENT OF TRANSPORTATION and THE NEW YORK CITY
DEPARTMENT OF EDUCATION.to. maintain the public thoroughfares, more
specifically the thoroughfare and the sidewalk portions in front of and adjacent to
The Professor Juan Bosch School, PS 178, located at 12-18 Ellwood Street, in the
County, City and State of New York, in a reasonably safe condition.
15..That on July 25, 2018, and at all times herein mentioned, an access cover,
transformer vault cover, and/or grating existed on the side walk at or near the
above noted address, owned by Defendant CONSOLIDATED EDISON
. COMPANY OF NEW YORK, INC.. .
16. That on July 25, 2018, and at all times herein mentioned, an access cover,
transformer vault cover, and/or grating existed on the side walk at or near the
above noted address, owned by Defendant CONSOLIDATED EDISON, INC.. .
7. That on July 25,. 201.8, and__at all times herein mentioned, an access cover,
transformer vault cover, and/or grating existed on the side walk at or near the
above noted address, operated by Defendant CONSOLIDATED EDISON
COMPANY OF NEW YORK, INC..
18. That on July 25, 2018, and at all times herein mentioned, an access cover,
transformer vault cover, and/or grating existed on the side walk at or near the
above noted address, operated by Defendant CONSOLIDATED EDISON, INC..
19. That on July 25, 2018, and at all times herein mentioned, an access cover,
transformer vault cover, and/or grating existed on the side walk at or near the
above noted address, nianaged by Defendant CONSOLIDATED EDISON
COMPANY OF NEW YORK, INC..
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20. That on July 25, 2018, and at all times herein mentioned, an access cover,
transformer vault cover, and/or grating existed on the side walk at or near the
above noted address, managed by Defendant CONSOLIDATED EDISON,
INC..
21. That on July 25, 2018, and at all times herein mentioned, an access cover,
transformer vault cover, and/or grating existed on the side walk at or near the
above noted address, maintained by Defendant CONSOLIDATED EDISON
COMPANY OF NEW YORK, INC.. .
22. That on July 25, 2018, and at all times herein mentioned, an access cover,
transformer vault cover, and/or .grating existed on the side walk at or near the
above noted address, maintaiñed by Defendant CONSOLIDATED EDISON,
INC..
23. That¬on .July 25, .2018, and at all times herein mentioned, an access cover,
transformer vault cover, and/or grating existed on the side walk at or near the
above noted address, controlled by Defendant CONSOLIDATED EDISON
COMPANY OF NEW YORK, INC..
24. That. on July 25, 2018, and at all times herein mentioned, an access cover,
transformer vault cover, and/or grating existed on the side walk at or near the
above noted address, controlled by Defendant CONSOLIDATED EDISON,
INC..
25. That on 25, 2018, and at all times herein mentioned, it was the duty of
July
Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
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to maintain the aforesaid access cover, transformer vault cover, and,/or grating that
existed on the side walk at or near the above noted address.
26. That on July 25, 2018, and at all times herein mentioned, it was the duty of
Defendant CONSOLIDATED EDISO1N, INC. to maintain the aforesaid access
cover, transformer vault cover, and/or grating that existed on the side walk at or
near the above noted address. .
27. That on July 25, 2018, and at all times herein meñ†ioned, it was the duty of
Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
to repair the aforesaid access cover, transformer vault cover, and/or grating that
existed on the side walk at or near the above noted address.
28. That on July 25, 2018, and at all times herein mentioned, it was the duty of
Defendant CONSOLIDATED EDISON, INC. to repair the aforesaid access
. cover, transformer-vault.cover,_and/or grating that existed on the side walk at or
near the above noted address.
29. That on July. 25, 2018, and at all times herein mentioned, it was the duty of
Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
to maintain the sidewalk within an area extending twelve inches outward from the
perimeter of the aforesaid access cover, transformer vault cover, and/or grating
that existed on the side walk at or near the above noted address.
30. That on July 25, 2018, and at all times herein mentioned, it was the duty of
Defendant CONSOLIDATED. EDISON, INC. to maintain the sidewalk within
an area extending twelve inches outward from the perimeter of the aforesaid
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access cover, transformer vault cover, and/or grating that existed on the side walk
at or near the above noted address. .
31..That on July.25, 2018, .anc1 at.all times herein mentioned, it was the duty of
Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
to repair any defective street/sidewalk condition found within an area extending
. twelve inches outward from the perimeter of the. aforesaid access cover,
transformer vault cover, and/or grating that existed on the side walk at or near the
. above noted address.
32. That on July 25, 2018, and at all times herein mentioned, it was the duty of
Defendant CONSOLIDATED EDISON, INC. to repair any defective
street/sidewalk condition found within an area extending twelve inches outward
from the perimeter of the aforesaid access cover, transformer vault cover, and/or
. . . ...grating.that existed on the side walk.at or.near the above noted address.
33. That on July 25,.2018, Plaintiff CARMEN ROMERO was a lawful pedestrian at
the above-mentioned location.
34. That on July 25, 2018, while Plaintiff was lawfully walking at the aforesaid
location, she was caused to trip and fall and sustain severe and permanent injuries
because of the deteriorated and defective condition. of the aforesaid
broken,
sidewalk.
35. The above mentioned occurrence, and the results thereof, were caused wholly and
solely by the.negligence of Defendants THE CITY OF NEW YORK, THE
NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW
YORK CITY DEPARTMENT OF EDUCATION, CONSOLIDATED
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EDISON COMPANY OF NEW YORK, INC. and CONSOLIDATED
Defendants'
EDISON, INC. and/or said agents, servants, employees and/or .
licensees. in the ownership, operation, management, inaintenance, repair and
control of the aforesaid thoroughfares, the sidewalk portions in front of and
adjacent thereto, the aforesaid access cover, transformer vault cover and/or
grating, and/or the sidewalk portion within an area extending twelve inches
outward from the perimeter of the aforesaid access cover, transformer vault cover
and/or grating; and Defendants were otherwise negHgent careless and reckless.
36. That, upon information and belief, Defendants THE CITY OF NEW YORK,
THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE
NEW YORK CITY DEPARTMENT OF EDUCATION, CONSOLIDATED
EDISON COMPANY OF NEW YORK, INC. and CONSOLIDATED
. .. . . EDISON, INC._ had-actual notice of.this defective condition for at least fifteen
(15).days prior to July 25, 2018.
37. That no negligence on the part of the Plaintiff contributed to the occurrence
alleged herein in any manner whatsoever.
38. That-as a result-of the foregoing, Plaintiff CARMEN ROMERO was caused to
sustain serious injuries and to have suffered pain, shock and mental anguish; that
these injuries and their effects will be permanent; and as a result of said injuries,
Plaintiff has been caused to incur and will continue to incur expenses 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.
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39. That as a result of the foregoing, Plaintiff CARMEN ROMERO was damaged in
a sum which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction.
. WHEREFORE, Plaintiff demands judgment against the Defendants herein, in a
sum exceeding the jurisdictional limits of all lower courts which would otherwise have
jurisdiction, together with the costs and disbursements of this action.
Dated: Nev/York, New York
September 16, 2019
Yours, etc.
EVEN ADAM RUB1N,
STEVEN ADAM RUBIN & ASS TES, PLLC
23rd
. 71 West Street suite 1623
New York, NY 10010
(212) 643-5402
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VERIFICATION
STATE OF NEW YdRK
ss:
COUNTY OF NEW YORK
CARMENROMERO , being duly sworn, says:
I am a Plaintiff in the action herein: I have read the annexed AMENDED SUMMONS
AND COMPLAINT and know the contents thereof, and the same are true to my knowledge,
except those matters therein which are stated to be alleged upon information and belief, and as to
those matters I believe them to be true. My belief as to those matters therein not stated upon
knowledge, is based upon facts, records, and other pertinent information contained in niy
personal files.
DATED: - New York, New York
. sworn to before me this
day of
N ary Public
MOJDEH RUBIN
Commissioner of Deeds,City of New York
No. 1-7048
Cert Filedin New York County
Comrnissi6n Expires
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Preview
FILED: NEW YORK COUNTY CLERK 09/18/2019 03:54 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/18/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK AMENDED SUMMONS . -------------- ---__--...-----_-__..._ __.......------------X Index No.: 150436/2019 CARMEN ROMERO, Plaintiff designates New York Plaintiff, -against- County as the place of trial. The basis of venue is: THE CITY OF NEW YORK, THE NEW YORK CITY Plaintiffs Residence and the DEPARTMENT OF TRANSPORTATION, THE NEW Cout1ty of Occurrence YORK CITY DEPARTMENT OF EDUCATION, CONSOLIDATED EDISON COMPANY OF NEW Plaintiff resides at: YORK, INC.. and CONSOLIDATED EDISON, INC., 1 Sickles Street Defendants. New York, NY 10040 of New York _____ ___--___-_____________ _________ -- X County To the above named Defendant: You are hereby summoned to answer the complaint in this action, and to serve a of your answer, or, if the complaint is not served with this summons, to serve a notice of copy appearance on the Plaintiffs attorneys within twenty days after the service of this summons, exclusive of the day of service, where service is made 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 . defaiilt for the reliéf deinanded in flie cöniplaitit Dated: New York, New York September 13, 2019 STEVEN ADAM R E . STEVEN ADAM RUBIN & O S, PLLC . . 71 West 23 Street Suite 1623 New York, New York 10010 (212)-643-5402 TO: THE CITV OF NEW YORK The City ofNew York/Law Department Corporation Counsel . 100 Church Street New York, NY 10007 THE NEW YORK CITY DEPARTMENT OF EDUCATION Corporation Counsel . 100 Church Street New York, NY 10007 1 of 12 FILED: NEW YORK COUNTY CLERK 09/18/2019 03:54 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/18/2019 THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION Corporation Counsel 100 Church Street New York, NY 10007 CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 4 Irving Place, Room 1850-S New York, NY 10003 Attn: Law Department CONSOLIDATED EDISON, INC. 18* 4 Irving Place, Floor New York, NY 10003 Attn: Law Department 2 of 12 FILED: NEW YORK COUNTY CLERK 09/18/2019 03:54 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/18/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ____________----- ---- -----------------------------------------X CARMEN ROMERO, AMENDED COMPLAINT Plaintiff, . -against- Index No.: 150436/2019 THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW YORK CITY DEPARTMENT OF EDUCATION, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. and CONSOLIDATED EDISON, INC., Defendants. Plaintiff CARMEN ROMERO, by her attorneys, STEVEN ADAM RUBIN & ASSOCIATES, PLLC, complaining of the Defendants THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW YORK CITY DEPARTMENT OF EDUCATION, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. and CONSOLIDATED EDISON, INC. respectfully alleges, upon information and belief: 1. That at the time of the commencement of this action, Plaintiff CARMEN ROMERO resided in the County, City and State of New York. 2. That the cause of action alleged herein arose in the County, City and State of New tork. . 3. That this action falls within one or more of the exceptions set forth in CPLR §1602. 4. That on August 24, 2018, and within the time prescribed by law, a sworn Notice of Claim stating, among other things, the time when and place where the.injuries and damages were sustained, toget1 r with Plaintiffs demands for adjustment 3 of 12 FILED: NEW YORK COUNTY CLERK 09/18/2019 03:54 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/18/2019 thereof was duly served on the claimant's/Plaintiff's behalf on Defendants THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION and THE NEW YORK CITY DEPARTMENT OF EDUCATION and that thereafter they have refused or neglected for more than thirty (30) days, and up to the cornmencemeiit of this action, to ritake any adjustmei1t or payment thereof, and that thereafter, and within the time provided by law, this action was commenced. 5. That on October 17, 2018, a hearing, on behalf of Plaintiff against THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION and THE NEW YORK CITY DEPARTMENT OF EDUCATION, and pursuant to General Municipal Law Section 50-H, was held. 6. That on July 25, 2018, and at all times herein mentioned, Defendant THE CITY . .OE NEW YORK, was and stillas.,annumcipal corporations. 7. That on July 25, 2018, and at all times herein mentioned, Defendant THE CITY OF NEW YORK, by its agents, servants and/or employees operated and maintained defendants THE NEW YORK CITY DEPARTMENT OF TRANSPOR.TATION and THE NEW YORK CITY DEPARTMENT OF EDUCATION. 8. That this action was commenced within one year and ninety days after accrual of this.cause of action, or within the time allowed by law. 9. That on July 25, 2018, and at all times herein mentioned, a public thoroughfare and sidewalk portions therefo existed in the County, City and State of New York, 4 of 12 FILED: NEW YORK COUNTY CLERK 09/18/2019 03:54 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/18/2019 . in front of The Professor Juan Bosch School, PS 178, located at ,12-18 Ellwood Street. 10. That on July 25, 2018, and at all times herein mentioned a premises existed adjacent to the above noted address, owned and operated by Defendants THE CITY OF NEW YORK and THE NEW YORK CITY DEPARTMENT OF EDUCATION. 11. That on July 25, 2018, and . at all times herein mentioned, the aforesaid thoroughfare.and the sidewalk portions in front of and adjacent to the above- mentioned premises were owned by Defendants THE CITY OF NEW YORK, and THE NEW YORK CITY DEPARTMENT OF EDUCATION. 12. That on July 25, 2018, and at all times. herein mentioned, the aforesaid thoroughfare and the sidewalk portions in front of and adjacent to the above- . mentioned premises. were owned;..operated and managed by Defendants. THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION and THE NEW YORK CITY DEPARTMENT OF EDUCATION. 13. That on July 25, 2018, and at all times herein mentioned, the aforesaid thoroughfare and the sidewalk portions in front of and adjacent to the above- mentioned premises were maintained by Defendants THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION and THE NEW YORK CITY DEPARTMENT OF EDUCATION. 14. That on July 25, 2018, and at all times herein mentipned, it was the duty of Defendants THE CITY OF NEW YORK, THE NEW YORK CITY . 5 of 12 FILED: NEW YORK COUNTY CLERK 09/18/2019 03:54 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/18/2019 DEPARTMENT OF TRANSPORTATION and THE NEW YORK CITY DEPARTMENT OF EDUCATION.to. maintain the public thoroughfares, more specifically the thoroughfare and the sidewalk portions in front of and adjacent to The Professor Juan Bosch School, PS 178, located at 12-18 Ellwood Street, in the County, City and State of New York, in a reasonably safe condition. 15..That on July 25, 2018, and at all times herein mentioned, an access cover, transformer vault cover, and/or grating existed on the side walk at or near the above noted address, owned by Defendant CONSOLIDATED EDISON . COMPANY OF NEW YORK, INC.. . 16. That on July 25, 2018, and at all times herein mentioned, an access cover, transformer vault cover, and/or grating existed on the side walk at or near the above noted address, owned by Defendant CONSOLIDATED EDISON, INC.. . 7. That on July 25,. 201.8, and__at all times herein mentioned, an access cover, transformer vault cover, and/or grating existed on the side walk at or near the above noted address, operated by Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.. 18. That on July 25, 2018, and at all times herein mentioned, an access cover, transformer vault cover, and/or grating existed on the side walk at or near the above noted address, operated by Defendant CONSOLIDATED EDISON, INC.. 19. That on July 25, 2018, and at all times herein mentioned, an access cover, transformer vault cover, and/or grating existed on the side walk at or near the above noted address, nianaged by Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.. 6 of 12 FILED: NEW YORK COUNTY CLERK 09/18/2019 03:54 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/18/2019 20. That on July 25, 2018, and at all times herein mentioned, an access cover, transformer vault cover, and/or grating existed on the side walk at or near the above noted address, managed by Defendant CONSOLIDATED EDISON, INC.. 21. That on July 25, 2018, and at all times herein mentioned, an access cover, transformer vault cover, and/or grating existed on the side walk at or near the above noted address, maintained by Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.. . 22. That on July 25, 2018, and at all times herein mentioned, an access cover, transformer vault cover, and/or .grating existed on the side walk at or near the above noted address, maintaiñed by Defendant CONSOLIDATED EDISON, INC.. 23. That¬on .July 25, .2018, and at all times herein mentioned, an access cover, transformer vault cover, and/or grating existed on the side walk at or near the above noted address, controlled by Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.. 24. That. on July 25, 2018, and at all times herein mentioned, an access cover, transformer vault cover, and/or grating existed on the side walk at or near the above noted address, controlled by Defendant CONSOLIDATED EDISON, INC.. 25. That on 25, 2018, and at all times herein mentioned, it was the duty of July Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 7 of 12 FILED: NEW YORK COUNTY CLERK 09/18/2019 03:54 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/18/2019 to maintain the aforesaid access cover, transformer vault cover, and,/or grating that existed on the side walk at or near the above noted address. 26. That on July 25, 2018, and at all times herein mentioned, it was the duty of Defendant CONSOLIDATED EDISO1N, INC. to maintain the aforesaid access cover, transformer vault cover, and/or grating that existed on the side walk at or near the above noted address. . 27. That on July 25, 2018, and at all times herein meñ†ioned, it was the duty of Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. to repair the aforesaid access cover, transformer vault cover, and/or grating that existed on the side walk at or near the above noted address. 28. That on July 25, 2018, and at all times herein mentioned, it was the duty of Defendant CONSOLIDATED EDISON, INC. to repair the aforesaid access . cover, transformer-vault.cover,_and/or grating that existed on the side walk at or near the above noted address. 29. That on July. 25, 2018, and at all times herein mentioned, it was the duty of Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. to maintain the sidewalk within an area extending twelve inches outward from the perimeter of the aforesaid access cover, transformer vault cover, and/or grating that existed on the side walk at or near the above noted address. 30. That on July 25, 2018, and at all times herein mentioned, it was the duty of Defendant CONSOLIDATED. EDISON, INC. to maintain the sidewalk within an area extending twelve inches outward from the perimeter of the aforesaid 8 of 12 FILED: NEW YORK COUNTY CLERK 09/18/2019 03:54 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/18/2019 access cover, transformer vault cover, and/or grating that existed on the side walk at or near the above noted address. . 31..That on July.25, 2018, .anc1 at.all times herein mentioned, it was the duty of Defendant CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. to repair any defective street/sidewalk condition found within an area extending . twelve inches outward from the perimeter of the. aforesaid access cover, transformer vault cover, and/or grating that existed on the side walk at or near the . above noted address. 32. That on July 25, 2018, and at all times herein mentioned, it was the duty of Defendant CONSOLIDATED EDISON, INC. to repair any defective street/sidewalk condition found within an area extending twelve inches outward from the perimeter of the aforesaid access cover, transformer vault cover, and/or . . . ...grating.that existed on the side walk.at or.near the above noted address. 33. That on July 25,.2018, Plaintiff CARMEN ROMERO was a lawful pedestrian at the above-mentioned location. 34. That on July 25, 2018, while Plaintiff was lawfully walking at the aforesaid location, she was caused to trip and fall and sustain severe and permanent injuries because of the deteriorated and defective condition. of the aforesaid broken, sidewalk. 35. The above mentioned occurrence, and the results thereof, were caused wholly and solely by the.negligence of Defendants THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW YORK CITY DEPARTMENT OF EDUCATION, CONSOLIDATED 9 of 12 FILED: NEW YORK COUNTY CLERK 09/18/2019 03:54 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/18/2019 EDISON COMPANY OF NEW YORK, INC. and CONSOLIDATED Defendants' EDISON, INC. and/or said agents, servants, employees and/or . licensees. in the ownership, operation, management, inaintenance, repair and control of the aforesaid thoroughfares, the sidewalk portions in front of and adjacent thereto, the aforesaid access cover, transformer vault cover and/or grating, and/or the sidewalk portion within an area extending twelve inches outward from the perimeter of the aforesaid access cover, transformer vault cover and/or grating; and Defendants were otherwise negHgent careless and reckless. 36. That, upon information and belief, Defendants THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW YORK CITY DEPARTMENT OF EDUCATION, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. and CONSOLIDATED . .. . . EDISON, INC._ had-actual notice of.this defective condition for at least fifteen (15).days prior to July 25, 2018. 37. That no negligence on the part of the Plaintiff contributed to the occurrence alleged herein in any manner whatsoever. 38. That-as a result-of the foregoing, Plaintiff CARMEN ROMERO was caused to sustain serious injuries and to have suffered pain, shock and mental anguish; that these injuries and their effects will be permanent; and as a result of said injuries, Plaintiff has been caused to incur and will continue to incur expenses 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. 10 of 12 FILED: NEW YORK COUNTY CLERK 09/18/2019 03:54 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/18/2019 39. That as a result of the foregoing, Plaintiff CARMEN ROMERO was damaged in a sum which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. . WHEREFORE, Plaintiff demands judgment against the Defendants herein, in a sum exceeding the jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with the costs and disbursements of this action. Dated: Nev/York, New York September 16, 2019 Yours, etc. EVEN ADAM RUB1N, STEVEN ADAM RUBIN & ASS TES, PLLC 23rd . 71 West Street suite 1623 New York, NY 10010 (212) 643-5402 11 of 12 FILED: NEW YORK COUNTY CLERK 09/18/2019 03:54 PM INDEX NO. 150436/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/18/2019 VERIFICATION STATE OF NEW YdRK ss: COUNTY OF NEW YORK CARMENROMERO , being duly sworn, says: I am a Plaintiff in the action herein: I have read the annexed AMENDED SUMMONS AND COMPLAINT and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in niy personal files. DATED: - New York, New York . sworn to before me this day of N ary Public MOJDEH RUBIN Commissioner of Deeds,City of New York No. 1-7048 Cert Filedin New York County Comrnissi6n Expires 12 of 12