Preview
FILED: NEW YORK COUNTY CLERK 03/16/2018 04:15 PM INDEX NO. 152385/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OFNEW YORK
--_____-----____________________________
SONASHAH and JOELTUCKER,
SUMMONS
Plaintiffs, Index#
Date Filed:
against
PRET A MANGER (USA) LIMITED,
Defendant.
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to appear in this action by serving a notice
of appearance on plaintiff's attorneys within 20 days after service of this summons,
exclusive of the day of service, or within 30 days after service is complete ifthis
summons is not personally delivered to you within the State of New York. In case of
your failure to answer, Judgment will be taken against you by default for the relief
demanded in the Complaint.
The basis of venue is place of occurrence.
X ~
Plaintiff resides at 2 Tudor City Place, New York, New York 10017.
X
DATED: New York, New York
March 16, 2018 Yours, etc.,
Defendant's Addresses: TAP HIS 8 HAMMERMAN LLP
By'
Pret A Manger (USA) Limited By'. Stuart M. Tarshis, Esq.
400 Park Avenue South Attorney for Plaintiffs
New York, New York 10016 118-35 Queens Boulevard
Forest Hill, NY 11375
718-793-5000
Fax: 718-793-5008
File ¹ 7395
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
______________________________________
SONASHAH ANDJOELTUCKER,
VERIFIED COMPLAINT
Plaintiffs, Index#
against
PRET A MANGER (USA) LIMITED,
Defendant.
Plaintiffs by their attorneys, Tarshis 8 Hammerman LLP, as and for their
Verified Complaint, alleges upon information and belief:
AS AND FOR A FIRST, SEPARATE AND
9 5 DISTINCT CAUSE OF ACTION ON BEHALF
OF PLAINTIFF SONA SHAH
s : e FIRST: That at all times hereinafter mentioned, Plaintiffs were and stillare a
E
residents of the County of New York, State of New York.
X SECOND: The cause of action herein alleged arose in the State of New
York, County of New York.
THIRD: That at alltimes hereinafter mentioned, Defendant was and stillis a
domestic corporation duly organized and existing under and by virtue of the laws of
the State of New York.
FOURTH: That at alltimes hereinafter mentioned, Defendant was and still
is a foreign corporation duly licensed and authorized to do business in the State of
New York.
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FIFTH: That at all times hereinafter mentioned, and upon information
and belief, Defendant maintained a principal place of business located at 400 Park
Avenue South, New York, New York.
SIXTH: That at all times hereinafter mentioned, and upon information
and belief, Defendant was the lessor of the premises located at 400 Park Avenue
South, New York, New York.
SEVENTH: That at all times hereinafter mentioned, and upon information
and belief, Defendant was the lessee the premises located at 400 Park Avenue
South, New York, New York.
EIGHTH: That on January 23, 2018 and at all times hereinafter
mentioned, Defendant owned the premises located at 400 Park Avenue South, New
York, New York.
NINTH: That on January 23, 2018 and at all times hereinafter
mentioned, Defendant maintained the aforesaid premises located at 400 Park
X
Avenue South, New York, New York.
TENTH: That on January 23, 2018 and at all times hereinafter
mentioned, Defendant managed the aforesaid premises located at 400 Park Avenue
South, New York, New York.
ELEVENTH: That on January 23, 2018 and at all times hereinafter
mentioned, Defendant controlled the aforesaid premises located at 400 Park Avenue
South, New York, New York.
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TWELFTH: That on January 23, 2018 and at all times hereinafter
mentioned, Defendant supervised the aforesaid premises located at 400 Park
Avenue South, New York, New York.
THIRTEENTH: That on January 23, 2018 at approximately 9:30 A.M.,
Plaintiff Sona Shah was a lawful upon the aforesaid premises, as a business invitee.
FOURTEENTH: That on January 23, 2018, Plaintiff Sona Shah was a
lawfully upon the aforesaid premises with the knowledge, permission and consent of
the Defendant.
FIFTEENTH: That on January 23, 2018 at approximately 9:30 A.M.,
while Plaintiff Sona Shah was lawfully upon the aforesaid premises, Plaintiff was
caused to slip and falland sustain severe and permanent injuries.
SIXTEENTH: The above mentioned occurrence and the results thereof
were caused by the joint, several and concurrent negligence of the Defendant and/or
X ~
said Defendant's servants, agents, employees and/or licensees in the operation,
r/
management, maintenance, control and supervision of the aforesaid premises in
causing, allowing and said premises at the place above mentioned to be,
permitting
become and remain for a period of time after notice, either actual or constructive, in
condition'
a dangerous and/or hazardous condition; ,ininfailing to place proper mats; in failing to
remove or replace a wet saturated mat; in failing to place barricades, ropes and/or
cones at or about the said area; in failing to warn of the aforesaid conditions; in
failing to properly remove said foreign object and to clear and/or clean the said area;
in to provide Plaintiff with safe and proper ingress and egress of the premises;
failing
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in causing, allowing and permitting the existence of a foreign object to interfere with
and prevent Plaintiff's safe passage; in negligently creating the said condition and
allowing and permitting persons to walk at or about the said area, which was
extremely dangerous; in causing, allowing and permitting a trap to exist at said
location; in failing to maintain the aforesaid premises in a reasonably safe and proper
condition; in failing to have taken necessary steps and measures to have prevented
the above mentioned location from being used while in said dangerous condition; in
failing to give plaintiff adequate and timely signal, notice or warning of said condition;
in negligently and carelessly causing and permitting the above said premises to be
and remain in said condition for an unreasonable length of time, resulting in a hazard
~+ ' '
z to the plaintiff and others; in failing to take suitable and proper precautions for the
safety of persons on and using said premises; and in being otherwise negligent and
In InnI
IL'
In
careless.
o
X
H
SEVENTEENTH: That no negligence on the part of the Plaintiff contributed
X
to the occurrence alleged herein in any manner whatsoever.
EIGHTEENTH: That because of the above stated premises, Plaintiff was
caused to sustain serious injuries and to have suffered pain, shock, mental anguish;
that these injuries and their effects will be permanent; as a result of said injuries
plaintiff was caused and will continue to be caused to incur expenses for medical
care and attention; and 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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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2018
NINETEENTH: Itis hereby alleged pursuant to CPLR 1603, that the
foregoing cause of action is exempt from the operation of CPLR 1601, by reason of
one or more of the exemptions provided in CPLR 1602.
TWENTIETH: That as a result of the foregoing, Plaintiff was damaged in
a sum in excess of the jurisdictional limits of the Civil Court of the City of New York.
AS AND FOR A SECOND, SEPARATE AND
DISTINCT CAUSE OF ACTION ON BEHALF OF
THE PLAINTIFF JOEL TUCKER
TWENTY FIRST: Plaintiff repeats, reiterates and realleges each and every
allegation contained in the First Cause of Action with the same force and effect as if
fully set forth at length.
TWENTY SECOND: That Plaintiff, Joel Tucker, is the husband of the
go,x
Plaintiff Sona Shah and is entitled to the services and society of said Plaintiff, and
that by reason of the carelessness, recklessness and negligence of the Defendant,
rf as aforesaid he was deprived of the services and society of his said wife and was
and will be compelled to expend diverse sums of money for medical aid, attendance
and medicines, all to Plaintiff's damage in a sum in excess of jurisdictional limits of
the Civil Court of the City of New York.
WHEREFORE, Plaintiff, Sona Shah, demands judgment against the
Defendant in the First Cause of Action, in an amount in excess of jurisdictional limits
of the Civil Court of the City of New York; Plaintiff, Joel Tucker, demands judgment
against the Defendant in the Second Cause of Action, in an amount in excess of
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FILED: NEW YORK COUNTY CLERK 03/16/2018 04:15 PM INDEX NO. 152385/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2018
jurisdictional limits of the Civil Court of the City of New York, together with costs and
disbursements of this action.
Dated: Queens, New York
March 12, 2018
Yours, etc.
TA)R HIS & HAMMERMAN LLP
Bý: Stuart M. Tarshis, Esq.
Attorneys for Plaintiffs
118-35 Queens Boulevard
Forest Hill, NY 11375
718-793-5000
Fax: 718-793-5008
File 4 7395
'8 z
0
M
X
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FILED: NEW YORK COUNTY CLERK 03/16/2018 04:15 PM INDEX NO. 152385/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2018
ATTORNEY'S VERIFICATION
STATE OF NEW YORK)
COUNTY OF QUEENS ) ss:
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 Plaintiffs in
the within action; I have read the foregoing Verified Complaint and know the
contents thereof; the same is true to my own knowledge, except as to the matters I
believe to be true. The reason this verification is made by me and not by my clients
is that my clients are not presently in the County where I maintain my offices. The
grounds of belief as to all matters not stated upon my own knowledge are the
my
materials in my fileand the investigation conducted by my office.
ln InnI
DATED: Queens, New York
March 16, 2018
X
Stuarf M. Tarshis, Esq.
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Preview
FILED: NEW YORK COUNTY CLERK 03/16/2018 04:15 PM INDEX NO. 152385/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OFNEW YORK --_____-----____________________________ SONASHAH and JOELTUCKER, SUMMONS Plaintiffs, Index# Date Filed: against PRET A MANGER (USA) LIMITED, Defendant. TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of appearance on plaintiff's attorneys within 20 days after service of this summons, exclusive of the day of service, or within 30 days after service is complete ifthis summons is not personally delivered to you within the State of New York. In case of your failure to answer, Judgment will be taken against you by default for the relief demanded in the Complaint. The basis of venue is place of occurrence. X ~ Plaintiff resides at 2 Tudor City Place, New York, New York 10017. X DATED: New York, New York March 16, 2018 Yours, etc., Defendant's Addresses: TAP HIS 8 HAMMERMAN LLP By' Pret A Manger (USA) Limited By'. Stuart M. Tarshis, Esq. 400 Park Avenue South Attorney for Plaintiffs New York, New York 10016 118-35 Queens Boulevard Forest Hill, NY 11375 718-793-5000 Fax: 718-793-5008 File ¹ 7395 1 of 8 FILED: NEW YORK COUNTY CLERK 03/16/2018 04:15 PM INDEX NO. 152385/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ______________________________________ SONASHAH ANDJOELTUCKER, VERIFIED COMPLAINT Plaintiffs, Index# against PRET A MANGER (USA) LIMITED, Defendant. Plaintiffs by their attorneys, Tarshis 8 Hammerman LLP, as and for their Verified Complaint, alleges upon information and belief: AS AND FOR A FIRST, SEPARATE AND 9 5 DISTINCT CAUSE OF ACTION ON BEHALF OF PLAINTIFF SONA SHAH s : e FIRST: That at all times hereinafter mentioned, Plaintiffs were and stillare a E residents of the County of New York, State of New York. X SECOND: The cause of action herein alleged arose in the State of New York, County of New York. THIRD: That at alltimes hereinafter mentioned, Defendant was and stillis a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. FOURTH: That at alltimes hereinafter mentioned, Defendant was and still is a foreign corporation duly licensed and authorized to do business in the State of New York. -2- 2 of 8 FILED: NEW YORK COUNTY CLERK 03/16/2018 04:15 PM INDEX NO. 152385/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2018 FIFTH: That at all times hereinafter mentioned, and upon information and belief, Defendant maintained a principal place of business located at 400 Park Avenue South, New York, New York. SIXTH: That at all times hereinafter mentioned, and upon information and belief, Defendant was the lessor of the premises located at 400 Park Avenue South, New York, New York. SEVENTH: That at all times hereinafter mentioned, and upon information and belief, Defendant was the lessee the premises located at 400 Park Avenue South, New York, New York. EIGHTH: That on January 23, 2018 and at all times hereinafter mentioned, Defendant owned the premises located at 400 Park Avenue South, New York, New York. NINTH: That on January 23, 2018 and at all times hereinafter mentioned, Defendant maintained the aforesaid premises located at 400 Park X Avenue South, New York, New York. TENTH: That on January 23, 2018 and at all times hereinafter mentioned, Defendant managed the aforesaid premises located at 400 Park Avenue South, New York, New York. ELEVENTH: That on January 23, 2018 and at all times hereinafter mentioned, Defendant controlled the aforesaid premises located at 400 Park Avenue South, New York, New York. — 3— 3 of 8 FILED: NEW YORK COUNTY CLERK 03/16/2018 04:15 PM INDEX NO. 152385/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2018 TWELFTH: That on January 23, 2018 and at all times hereinafter mentioned, Defendant supervised the aforesaid premises located at 400 Park Avenue South, New York, New York. THIRTEENTH: That on January 23, 2018 at approximately 9:30 A.M., Plaintiff Sona Shah was a lawful upon the aforesaid premises, as a business invitee. FOURTEENTH: That on January 23, 2018, Plaintiff Sona Shah was a lawfully upon the aforesaid premises with the knowledge, permission and consent of the Defendant. FIFTEENTH: That on January 23, 2018 at approximately 9:30 A.M., while Plaintiff Sona Shah was lawfully upon the aforesaid premises, Plaintiff was caused to slip and falland sustain severe and permanent injuries. SIXTEENTH: The above mentioned occurrence and the results thereof were caused by the joint, several and concurrent negligence of the Defendant and/or X ~ said Defendant's servants, agents, employees and/or licensees in the operation, r/ management, maintenance, control and supervision of the aforesaid premises in causing, allowing and said premises at the place above mentioned to be, permitting become and remain for a period of time after notice, either actual or constructive, in condition' a dangerous and/or hazardous condition; ,ininfailing to place proper mats; in failing to remove or replace a wet saturated mat; in failing to place barricades, ropes and/or cones at or about the said area; in failing to warn of the aforesaid conditions; in failing to properly remove said foreign object and to clear and/or clean the said area; in to provide Plaintiff with safe and proper ingress and egress of the premises; failing -4- 4 of 8 FILED: NEW YORK COUNTY CLERK 03/16/2018 04:15 PM INDEX NO. 152385/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2018 in causing, allowing and permitting the existence of a foreign object to interfere with and prevent Plaintiff's safe passage; in negligently creating the said condition and allowing and permitting persons to walk at or about the said area, which was extremely dangerous; in causing, allowing and permitting a trap to exist at said location; in failing to maintain the aforesaid premises in a reasonably safe and proper condition; in failing to have taken necessary steps and measures to have prevented the above mentioned location from being used while in said dangerous condition; in failing to give plaintiff adequate and timely signal, notice or warning of said condition; in negligently and carelessly causing and permitting the above said premises to be and remain in said condition for an unreasonable length of time, resulting in a hazard ~+ ' ' z to the plaintiff and others; in failing to take suitable and proper precautions for the safety of persons on and using said premises; and in being otherwise negligent and In InnI IL' In careless. o X H SEVENTEENTH: That no negligence on the part of the Plaintiff contributed X to the occurrence alleged herein in any manner whatsoever. EIGHTEENTH: That because of the above stated premises, Plaintiff was caused to sustain serious injuries and to have suffered pain, shock, mental anguish; that these injuries and their effects will be permanent; as a result of said injuries plaintiff was caused and will continue to be caused to incur expenses for medical care and attention; and Plaintiff was and will continue to be rendered unable to perform Plaintiff's normal activities and duties and has sustained a resultant loss therefrom. -5- 5 of 8 FILED: NEW YORK COUNTY CLERK 03/16/2018 04:15 PM INDEX NO. 152385/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2018 NINETEENTH: Itis hereby alleged pursuant to CPLR 1603, that the foregoing cause of action is exempt from the operation of CPLR 1601, by reason of one or more of the exemptions provided in CPLR 1602. TWENTIETH: That as a result of the foregoing, Plaintiff was damaged in a sum in excess of the jurisdictional limits of the Civil Court of the City of New York. AS AND FOR A SECOND, SEPARATE AND DISTINCT CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF JOEL TUCKER TWENTY FIRST: Plaintiff repeats, reiterates and realleges each and every allegation contained in the First Cause of Action with the same force and effect as if fully set forth at length. TWENTY SECOND: That Plaintiff, Joel Tucker, is the husband of the go,x Plaintiff Sona Shah and is entitled to the services and society of said Plaintiff, and that by reason of the carelessness, recklessness and negligence of the Defendant, rf as aforesaid he was deprived of the services and society of his said wife and was and will be compelled to expend diverse sums of money for medical aid, attendance and medicines, all to Plaintiff's damage in a sum in excess of jurisdictional limits of the Civil Court of the City of New York. WHEREFORE, Plaintiff, Sona Shah, demands judgment against the Defendant in the First Cause of Action, in an amount in excess of jurisdictional limits of the Civil Court of the City of New York; Plaintiff, Joel Tucker, demands judgment against the Defendant in the Second Cause of Action, in an amount in excess of â€6- 6 of 8 FILED: NEW YORK COUNTY CLERK 03/16/2018 04:15 PM INDEX NO. 152385/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2018 jurisdictional limits of the Civil Court of the City of New York, together with costs and disbursements of this action. Dated: Queens, New York March 12, 2018 Yours, etc. TA)R HIS & HAMMERMAN LLP Bý: Stuart M. Tarshis, Esq. Attorneys for Plaintiffs 118-35 Queens Boulevard Forest Hill, NY 11375 718-793-5000 Fax: 718-793-5008 File 4 7395 '8 z 0 M X â€7- 7 of 8 FILED: NEW YORK COUNTY CLERK 03/16/2018 04:15 PM INDEX NO. 152385/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/16/2018 ATTORNEY'S VERIFICATION STATE OF NEW YORK) COUNTY OF QUEENS ) ss: 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 Plaintiffs in the within action; I have read the foregoing Verified Complaint and know the contents thereof; the same is true to my own knowledge, except as to the matters I believe to be true. The reason this verification is made by me and not by my clients is that my clients are not presently in the County where I maintain my offices. The grounds of belief as to all matters not stated upon my own knowledge are the my materials in my fileand the investigation conducted by my office. ln InnI DATED: Queens, New York March 16, 2018 X Stuarf M. Tarshis, Esq. -8— 8 of 8