Preview
FILED: NEW YORK COUNTY CLERK 06/08/2020 02:36 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2020
File #: 30031
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK Date of Purchase:
COUNTY OF NEW YORK
= = = = = = = = = = = = = = = = = = = = = = = = = = =X SUMMONS
PRISCILLA MARTINEZ, Plaintiff designates
Plaintiff(s), NEW YORK
County as the place of trial
-against-
The basis of the venue is:
RITE AID OF NEW YORK CITY INC., and CATS 3531 Situs of Occurrence
BROADWAY, LLC,
County of NEW YORK
Defendant(s).
= = = = = = = = = = = = = = = = = = = = = = = = = = =X
To the above named 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 Plaintiff's Attorneys within 20 days after the service of this summons
exclusive of the day of service (or within 30 days after the service is complete if 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 herein.
Dated: New York, New York
March 19, 2020
PETER MAY, ESQ.
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff
Address and Telephone Number
150 Broadway – 23rd Fl
New York, New York 10038
(212) 285-3800
FILE NO.: 30031
Defendants Address:
RITE AID OF NEW YORK CITY INC.
C T Corporation System
28 Liberty Street
New York, New York,10005 [SEE RIDER FOR ADDITIONAL DEFENDANTS]
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RIDER
RITE AID OF NEW YORK CITY INC.
3539 Broadway
New York, 10031
CATS 3531 BROADWAY, LLC
C/O Red Apple Group Inc.
800 Third Avenue
5th Avenue
New York, NY 10022
CATS 3531 BROADWAY, LLC
C/O Corporate Filings of New York
90 State Street – Suite 700, Office 40
Al;bany, New York 12207
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FILE #: 30031
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------X
PRISCILLA MARTINEZ,
Plaintiff(s), VERIFIED COMPLAINT
-against-
RITE AID OF NEW YORK CITY INC., and CATS 3531
BROADWAY, LLC,
Defendant(s).
--------------------------------------------------------------------X
Plaintiff, PRISCILLA MARTINEZ, by her attorneys, SUBIN ASSOCIATES LLP as
and for a cause of action alleges, upon information and belief, as follows:
1. That at all the times herein mentioned, and more particularly 12/18/2017, Broadway was and still
is a public roadway in the Borough of New York, County of New York, City and State of New
York which consisted of a roadway and sidewalks thereat.
2. That said sidewalks were public thoroughfares along and over which the public at large had a
right to walk.
3. That at all the times herein mentioned, the defendant RITE AID OF NEW YORK CITY
INC., was and still is a corporation doing business in the State of New York.
4. That at all times herein mentioned, the defendant RITE AID OF NEW YORK CITY
INC., was the owner of the premises located at 3539 Broadway.
5. That at all the times herein mentioned, the defendant RITE AID OF NEW YORK CITY INC.,
its agents, servants and/or employees operated the aforementioned premises and the abutting
sidewalks.
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6. That at all the times herein mentioned, the defendant RITE AID OF NEW YORK CITY INC.,
its agents, servants and/or employees maintained the aforementioned premises and the abutting
sidewalks.
7. That at all the times herein mentioned, the defendant RITE AID OF NEW YORK CITY INC.,
its agents, servants and/or employees managed the aforementioned premises and the abutting
sidewalks.
8. That at all the times herein mentioned, the defendant RITE AID OF NEW YORK CITY INC.,
its agents, servants and/or employees controlled the aforementioned premises and the abutting
sidewalks.
9. That at all the times herein mentioned, the defendant CATS 3531 BROADWAY, LLC, was
and still is a corporation and/or a limited liability company doing business in the State of
New York.
10. That at all the times herein mentioned, the defendant CATS 3531 BROADWAY, LLC, was
the owner of the premises located at 3539 Broadway.
11. That at all the times herein mentioned, the defendant CATS 3531 BROADWAY, LLC, its
agents, servants and/or employees operated the aforementioned premises and the abutting
sidewalks.
12. That at all the times herein mentioned, the defendant CATS 3531 BROADWAY, LLC, its
agents, servants and/or employees maintained the aforementioned premises and the abutting
sidewalks.
13. That at all the times herein mentioned, the defendant CATS 3531 BROADWAY, LLC, its
agents, servants and/or employees managed the aforementioned premises and the abutting
sidewalks.
14. That at all the times herein mentioned, the defendant CATS 3531 BROADWAY, LLC, its
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agents, servants and/or employees controlled the aforementioned premises and the abutting
sidewalks.
15. That at all the times herein mentioned, it was the duty of the defendant(s) their agents, servants
and/or employees to keep and maintain said sidewalks in a reasonable state of repair and good
and safe condition, and not to suffer and permit said premises to become unsafe and dangerous to
pedestrians and/or customers.
16. That on or about 12/18/2017, while plaintiff was lawfully walking on the aforementioned
sidewalks plaintiff Priscilla N. Martinez was caused to fall and sustain multiple injuries by reason
of the negligence, carelessness and want of proper care of the defendant(s), its agents, servants
and/or employees.
17. That the said incident and resulting injuries to the plaintiff were caused through no fault of her
own but were solely and wholly caused by reason of the negligence of the defendants, their
agents, servants and/or employees in that the defendants suffered, caused and/or permitted and/or
allowed portions of said sidewalks, to be, become and remain in a dangerous, defective,
hazardous, unsafe, broken, cracked, uneven, holey, chipped, depressed, raised, unsmooth, loose
condition and was negligently and/or improperly maintained, and same was otherwise so
dangerous, hazardous, and/or unsuitable for use by persons lawfully upon the sidewalks
constituting a nuisance and a trap, and permitting same to be and remain in such a dangerous and
defective condition for a long period and/or unreasonable period of time; in improperly causing,
suffering, permitting and/or allowing improper construction of said sidewalks and in failing to
properly maintaining said sidewalks, in permitting and allowing defective repairs on said
sidewalks, in failing to apprise and/or warn the public and in particular the plaintiff of the
aforementioned conditions; in failing to place signs, barricades, warnings and/or other devices to
apprise persons of the dangerous, unsafe condition thereat; in generally maintaining said
sidewalks in such a dangerous defective and/or unsafe condition so as to cause the incident
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herein complained of; in creating and maintaining a menace, hazard, nuisance and trap thereat; in
failing to comply with the laws, statutes, ordinances and regulations made and provided therefor.
Plaintiff further relies on the doctrine of Res Ipsa Loquitur.
18. That the said incident and resulting injuries to the plaintiff were caused through no fault of her
own but were solely and wholly by reason of the negligence of the defendants, their agents,
servants and/or employees in that the defendants suffered, caused and/or permitted and/or
allowed portions of said sidewalks to be, to remain in such a defective condition; in failing to
properly maintain said sidewalks in improperly shoveling, cleaning the snow/ice and creating a
dangerous condition; in failing to apprise and/or warn the public and in particular the plaintiff of
the aforementioned conditions; in failing to place signs, barricades, warnings and/or other devices
to apprise persons of the aforementioned dangerous, unsafe condition thereat; in failing to remove
said ice and/or snow; in failing to apply sand, salt, or other melting and/or abrasive materials so
as to make the condition safe; in failing to place restrictive devices around the aforementioned
area to keep the public and in particular the claimant from walking and/or slipping on this
dangerous condition; in generally maintaining said sidewalks in such a dangerous, defective
and/or unsafe condition as to cause the incident complained of; in creating and/or allowing and/or
permitting a hazardous condition to exist; in maintaining the sidewalks in such a manner so as to
create undue risks to people and in otherwise being careless and reckless upon the premises; in
creating and maintaining a hazard, menace, nuisance, and trap thereat and in failing to comply
with the statutes, ordinances, rules and regulations provided for the safe and proper use of the
sidewalks and premises thereat; the above dangerous condition having existed for a long
and unreasonable period of time. Plaintiff further relies on the doctrine of Res Ipsa
Loquitur.
19. Both actual and constructive notice are claimed. Actual notice in that the defendants, their
agents, servants and/or employees had actual knowledge and/or created the complained of
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condition; constructive notice in that the condition existed for a long and unreasonable period of
time.
20. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and permanent
injuries, has been and will be caused great bodily injuries and pain, shock, mental anguish; loss of
normal pursuits and pleasures of life; has been and is informed and verily believes maybe
permanently injured; has and will be prevented from attending to usual duties;
has incurred and will incur great expense for medical care and attention; in all to plaintiff's
damage in an amount which exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction and which warrants the jurisdiction of this Court.
WHEREFORE, plaintiff demands judgment against the defendants in the FIRST cause
of action an amount which exceeds the jurisdictional limits of all lower courts and which
warrants the jurisdiction of this Court; together with the costs and disbursements of this action.
DATED: New York, New York
March 19, 2020
Yours, etc.
_____________________________
PETER MAY, ESQ.
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiffs
150 Broadway
New York, New York 10038
(212) 285-3800
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STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
I, the undersigned, an attorney admitted to practice in the courts of New York State, state under
penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I have
read the foregoing SUMMONS AND COMPLAINT and know the contents thereof; the same is
true to my own knowledge, except as to the matters therein stated to be alleged on information
and belief, and as to those matters I believe to be true. The reason this verification is made by me
and not by my client(s), is that my client(s) are not presently in the County where I maintain my
offices. The grounds of my belief as to all matters not stated upon my own knowledge are the
materials in my file and the investigations conducted by my office.
Dated: New York, New York
March 19, 2020
__________________________
PETER MAY, ESQ.
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Index No:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
= = = = = = = = = = = = = = = = = = = = = = = = = = = == = =
PRISCILLA MARTINEZ,
Plaintiff(s),
-against-
RITE AID OF NEW YORK CITY INC., and CATS 3531
BROADWAY, LLC,
Defendant(s).
= = = = = = = = = = = = = = = = = = = = = = = = = = = == = =
SUMMONS AND VERIFIED COMPLAINT
= = = = = = = = = = = = = = = = = = = = = = = = = = = == = =
SUBIN ASSOCIATES LLP
Attorneys for Plaintiff
Office and Post Office Address, Telephone
150 Broadway – 23rd Fl
New York, New York 10038
(212) 285-3800
File No.: 30031
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Preview
FILED: NEW YORK COUNTY CLERK 06/08/2020 02:36 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2020 File #: 30031 Index No.: SUPREME COURT OF THE STATE OF NEW YORK Date of Purchase: COUNTY OF NEW YORK = = = = = = = = = = = = = = = = = = = = = = = = = = =X SUMMONS PRISCILLA MARTINEZ, Plaintiff designates Plaintiff(s), NEW YORK County as the place of trial -against- The basis of the venue is: RITE AID OF NEW YORK CITY INC., and CATS 3531 Situs of Occurrence BROADWAY, LLC, County of NEW YORK Defendant(s). = = = = = = = = = = = = = = = = = = = = = = = = = = =X To the above named 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 Plaintiff's Attorneys within 20 days after the service of this summons exclusive of the day of service (or within 30 days after the service is complete if 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 herein. Dated: New York, New York March 19, 2020 PETER MAY, ESQ. SUBIN ASSOCIATES LLP Attorneys for Plaintiff Address and Telephone Number 150 Broadway – 23rd Fl New York, New York 10038 (212) 285-3800 FILE NO.: 30031 Defendants Address: RITE AID OF NEW YORK CITY INC. C T Corporation System 28 Liberty Street New York, New York,10005 [SEE RIDER FOR ADDITIONAL DEFENDANTS] 1 of 9 FILED: NEW YORK COUNTY CLERK 06/08/2020 02:36 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2020 RIDER RITE AID OF NEW YORK CITY INC. 3539 Broadway New York, 10031 CATS 3531 BROADWAY, LLC C/O Red Apple Group Inc. 800 Third Avenue 5th Avenue New York, NY 10022 CATS 3531 BROADWAY, LLC C/O Corporate Filings of New York 90 State Street – Suite 700, Office 40 Al;bany, New York 12207 2 of 9 FILED: NEW YORK COUNTY CLERK 06/08/2020 02:36 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2020 FILE #: 30031 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X PRISCILLA MARTINEZ, Plaintiff(s), VERIFIED COMPLAINT -against- RITE AID OF NEW YORK CITY INC., and CATS 3531 BROADWAY, LLC, Defendant(s). --------------------------------------------------------------------X Plaintiff, PRISCILLA MARTINEZ, by her attorneys, SUBIN ASSOCIATES LLP as and for a cause of action alleges, upon information and belief, as follows: 1. That at all the times herein mentioned, and more particularly 12/18/2017, Broadway was and still is a public roadway in the Borough of New York, County of New York, City and State of New York which consisted of a roadway and sidewalks thereat. 2. That said sidewalks were public thoroughfares along and over which the public at large had a right to walk. 3. That at all the times herein mentioned, the defendant RITE AID OF NEW YORK CITY INC., was and still is a corporation doing business in the State of New York. 4. That at all times herein mentioned, the defendant RITE AID OF NEW YORK CITY INC., was the owner of the premises located at 3539 Broadway. 5. That at all the times herein mentioned, the defendant RITE AID OF NEW YORK CITY INC., its agents, servants and/or employees operated the aforementioned premises and the abutting sidewalks. 3 of 9 FILED: NEW YORK COUNTY CLERK 06/08/2020 02:36 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2020 6. That at all the times herein mentioned, the defendant RITE AID OF NEW YORK CITY INC., its agents, servants and/or employees maintained the aforementioned premises and the abutting sidewalks. 7. That at all the times herein mentioned, the defendant RITE AID OF NEW YORK CITY INC., its agents, servants and/or employees managed the aforementioned premises and the abutting sidewalks. 8. That at all the times herein mentioned, the defendant RITE AID OF NEW YORK CITY INC., its agents, servants and/or employees controlled the aforementioned premises and the abutting sidewalks. 9. That at all the times herein mentioned, the defendant CATS 3531 BROADWAY, LLC, was and still is a corporation and/or a limited liability company doing business in the State of New York. 10. That at all the times herein mentioned, the defendant CATS 3531 BROADWAY, LLC, was the owner of the premises located at 3539 Broadway. 11. That at all the times herein mentioned, the defendant CATS 3531 BROADWAY, LLC, its agents, servants and/or employees operated the aforementioned premises and the abutting sidewalks. 12. That at all the times herein mentioned, the defendant CATS 3531 BROADWAY, LLC, its agents, servants and/or employees maintained the aforementioned premises and the abutting sidewalks. 13. That at all the times herein mentioned, the defendant CATS 3531 BROADWAY, LLC, its agents, servants and/or employees managed the aforementioned premises and the abutting sidewalks. 14. That at all the times herein mentioned, the defendant CATS 3531 BROADWAY, LLC, its 4 of 9 FILED: NEW YORK COUNTY CLERK 06/08/2020 02:36 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2020 agents, servants and/or employees controlled the aforementioned premises and the abutting sidewalks. 15. That at all the times herein mentioned, it was the duty of the defendant(s) their agents, servants and/or employees to keep and maintain said sidewalks in a reasonable state of repair and good and safe condition, and not to suffer and permit said premises to become unsafe and dangerous to pedestrians and/or customers. 16. That on or about 12/18/2017, while plaintiff was lawfully walking on the aforementioned sidewalks plaintiff Priscilla N. Martinez was caused to fall and sustain multiple injuries by reason of the negligence, carelessness and want of proper care of the defendant(s), its agents, servants and/or employees. 17. That the said incident and resulting injuries to the plaintiff were caused through no fault of her own but were solely and wholly caused by reason of the negligence of the defendants, their agents, servants and/or employees in that the defendants suffered, caused and/or permitted and/or allowed portions of said sidewalks, to be, become and remain in a dangerous, defective, hazardous, unsafe, broken, cracked, uneven, holey, chipped, depressed, raised, unsmooth, loose condition and was negligently and/or improperly maintained, and same was otherwise so dangerous, hazardous, and/or unsuitable for use by persons lawfully upon the sidewalks constituting a nuisance and a trap, and permitting same to be and remain in such a dangerous and defective condition for a long period and/or unreasonable period of time; in improperly causing, suffering, permitting and/or allowing improper construction of said sidewalks and in failing to properly maintaining said sidewalks, in permitting and allowing defective repairs on said sidewalks, in failing to apprise and/or warn the public and in particular the plaintiff of the aforementioned conditions; in failing to place signs, barricades, warnings and/or other devices to apprise persons of the dangerous, unsafe condition thereat; in generally maintaining said sidewalks in such a dangerous defective and/or unsafe condition so as to cause the incident 5 of 9 FILED: NEW YORK COUNTY CLERK 06/08/2020 02:36 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2020 herein complained of; in creating and maintaining a menace, hazard, nuisance and trap thereat; in failing to comply with the laws, statutes, ordinances and regulations made and provided therefor. Plaintiff further relies on the doctrine of Res Ipsa Loquitur. 18. That the said incident and resulting injuries to the plaintiff were caused through no fault of her own but were solely and wholly by reason of the negligence of the defendants, their agents, servants and/or employees in that the defendants suffered, caused and/or permitted and/or allowed portions of said sidewalks to be, to remain in such a defective condition; in failing to properly maintain said sidewalks in improperly shoveling, cleaning the snow/ice and creating a dangerous condition; in failing to apprise and/or warn the public and in particular the plaintiff of the aforementioned conditions; in failing to place signs, barricades, warnings and/or other devices to apprise persons of the aforementioned dangerous, unsafe condition thereat; in failing to remove said ice and/or snow; in failing to apply sand, salt, or other melting and/or abrasive materials so as to make the condition safe; in failing to place restrictive devices around the aforementioned area to keep the public and in particular the claimant from walking and/or slipping on this dangerous condition; in generally maintaining said sidewalks in such a dangerous, defective and/or unsafe condition as to cause the incident complained of; in creating and/or allowing and/or permitting a hazardous condition to exist; in maintaining the sidewalks in such a manner so as to create undue risks to people and in otherwise being careless and reckless upon the premises; in creating and maintaining a hazard, menace, nuisance, and trap thereat and in failing to comply with the statutes, ordinances, rules and regulations provided for the safe and proper use of the sidewalks and premises thereat; the above dangerous condition having existed for a long and unreasonable period of time. Plaintiff further relies on the doctrine of Res Ipsa Loquitur. 19. Both actual and constructive notice are claimed. Actual notice in that the defendants, their agents, servants and/or employees had actual knowledge and/or created the complained of 6 of 9 FILED: NEW YORK COUNTY CLERK 06/08/2020 02:36 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2020 condition; constructive notice in that the condition existed for a long and unreasonable period of time. 20. That by reason of the foregoing, plaintiff was caused to sustain serious, harmful and permanent injuries, has been and will be caused great bodily injuries and pain, shock, mental anguish; loss of normal pursuits and pleasures of life; has been and is informed and verily believes maybe permanently injured; has and will be prevented from attending to usual duties; has incurred and will incur great expense for medical care and attention; in all to plaintiff's damage in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction and which warrants the jurisdiction of this Court. WHEREFORE, plaintiff demands judgment against the defendants in the FIRST cause of action an amount which exceeds the jurisdictional limits of all lower courts and which warrants the jurisdiction of this Court; together with the costs and disbursements of this action. DATED: New York, New York March 19, 2020 Yours, etc. _____________________________ PETER MAY, ESQ. SUBIN ASSOCIATES, LLP Attorneys for Plaintiffs 150 Broadway New York, New York 10038 (212) 285-3800 7 of 9 FILED: NEW YORK COUNTY CLERK 06/08/2020 02:36 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2020 STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) I, the undersigned, an attorney admitted to practice in the courts of New York State, state under penalty of perjury that I am one of the attorneys for the plaintiff(s) in the within action; I have read the foregoing SUMMONS AND COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe to be true. The reason this verification is made by me and not by my client(s), is that my client(s) are not presently in the County where I maintain my offices. The grounds of my belief as to all matters not stated upon my own knowledge are the materials in my file and the investigations conducted by my office. Dated: New York, New York March 19, 2020 __________________________ PETER MAY, ESQ. 8 of 9 FILED: NEW YORK COUNTY CLERK 06/08/2020 02:36 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/08/2020 Index No: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK = = = = = = = = = = = = = = = = = = = = = = = = = = = == = = PRISCILLA MARTINEZ, Plaintiff(s), -against- RITE AID OF NEW YORK CITY INC., and CATS 3531 BROADWAY, LLC, Defendant(s). = = = = = = = = = = = = = = = = = = = = = = = = = = = == = = SUMMONS AND VERIFIED COMPLAINT = = = = = = = = = = = = = = = = = = = = = = = = = = = == = = SUBIN ASSOCIATES LLP Attorneys for Plaintiff Office and Post Office Address, Telephone 150 Broadway – 23rd Fl New York, New York 10038 (212) 285-3800 File No.: 30031 9 of 9