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FILED: BRONX COUNTY CLERK 12/03/2019 04:47 PM INDEX NO. 34264/2019E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019
3UPREME COURT OF THE STATE OF NEW YORK
20UNTY OF BRONX Index No:
--------------------------- ----------------------- X Date Filed:
tOBERT RICKETTS,
Plaintiff designates Bronx County
Plaintiff, as the place of trial.
- against - SUMMONS
The basis of venue is
'ORT AUTHORITY OF NEW YORK and NEW JERSEY, Unconsolidated Laws §7106.
ENTERPRISE HOLDINGS, INC., and ENTERPRISE
IENT-A-CAR COMPANY, A county situated wholly or
partially within the Port of New
York district.
Defendants.
----------- -----------------------------------------------X
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
opy of your answer on the Plaintiff's Attorneys within twenty (20) days after the service of this
:ummons, exclusive of the day of service, where service is made by delivery upon you
3ersonally within the state, or within thirty (30) days after completion of service where service is
nade in any other -cr. In case of your failure to appear or answer, judgment will be taken
against you by default for the relief demanded in the complaint.
)ated: Brooklyn, New York
December _, 2019
RATSENBERG & ASSOCIATES, P.C.
Yours etc.,
BY:
NATALIA RATSENBERG, ESQ.
Attorneys for Plaintiff
ROBERT RICKETTS
17th
2579 East Street, Suite 51
Brooklyn, New York 1 1235
(718) 676-5757
To: PORT AUTHORITY OF NEW YORK and NEW JERSEY
4 World Trade Center
150 Greenwich Street
New York, NY 10007
ENTERPRISE HOLDINGS, INC.
c/o C T CORPORATION SYSTEM
28 LIBERTY ST.
NEW YORK, NY 10005
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ENTERPRISE HOLDINGS, INC.
69 Federal Circle
Jamaica, New York 11430
ENTERPRISE RENT-A-CAR COMPANY
c/o C T CORPORATION SYSTEM
28 LIBERTY ST.
NEW YORK, NY 10005
ENTERPRISE RENT-A-CAR COMPANY
69 Federal Circle
Jamaica, New York 11430
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3UPREME COURT OF THE STATE OF NEW YORK
DOUNTY OF BRONX
---------------------------------------------- -----------X Index No.:
IOBERT RICKETTS,
Plaintiff,
-against- VERIFIED COMPLAINT
'ORT AUTHORITY OF NEW YORK and NEW JERSEY,
INTERPRISE HOLDINGS, INC., and ENTERPRISE
tENT-A-CAR COMPANY,
Defendants.
------------------------------------------- ---------------------------X
Plaintiff
by his attorneys, RATSENBERG & ASSOCIATES, P.C., complaining of
)efeñdañts herein, respectfully states and alleges, upon information and belief, as follows:
1. Plaintiff, ROBERT RICKETTS, at all times of the institution of this action, was
ind still is a resident of the County of Queens, City and State of New York.
2. Upon information and belief, at all times hereinafter mentioned, Defendant,
'ORT AUTHORITY OF NEW YORK and NEW JERSEY, was and still is a body, corporate
ind politic, created by Corspact between the States of New York and New Jersey with consent of
he Congress of the United States and has a principal place of business at 4 World Trade Center,
150 Greenwich Street, New York, New York 10007.
3. Upon information and belief, that at all times hereinafter mentioned, the
)efendant, ENTERPRISE HOLDINGS, INC., at all times of the institution of this action, was
md still is a foreign business corporation, duly organized and existing under the laws of the state
3f Missouri, with its principal offices situated in the County of St. Louis, State of Missouri.
4. Upon information and belief, at all times hereinafter mentioned, the defendant,
3NTERPRISE HOLDINGS, INC., transacted business within the State of New York; regularly
lid or solicited business within the State of New York or engaged in other persistent courses,
onduct and/or derived substantial revenue from goods used or consumed or services rendered in
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he State of New York and expected or should have reasonably expected its acts to have
onsequences within the State of New York and/or derived substantial revenue from interstate or
nternational commerce.
5. Upon information and belief, that at all times hereinafter mentioned, the
)efendant, ENTERPRISE RENT-A-CAR COMPANY, at all times of the institution of this
tction, was and still is a foreign business corporation, duly organized and existing under the laws
3f the state of Missouri, with its principal offices situated in the County of St. Louis, State of
VIissouri.
6. Upon information and belief, at all times hereinafter mentioned, the defendant,
3NTERPRISE RENT-A-CAR COMPANY., transacted business within the State of New York;
egularly did or solicited business within the State of New York or engaged in other persistent
:ourses, conduct and/or derived substantial revenue from goods used or consumed or services
endered in the State of New York and expected or should have reasonably expected its acts to
lave consequences within the State of New York and/or derived substantial revenue from
nterstate or international commerce.
7. On or about March 1, 2019 and within ninety (90) days after the claim herein
trose, Plaintiffs timely filed a Notice of Claim with the PORT AUTHORITY OF NEW YORK
md NEW JERSEY, setting forth the facts underlying Plaintiff's claim against Defendant, PORT
AUTHORITY OF NEW YORK and NEW JERSEY.
8. At least thirty (30) days have elapsed since the service of the claim prior to the
ommencement of this action and adjustment of paymeñt thereof has been neglected or refused.
9. This action has been commenced within one year and ninety days after the
>ccurrence of the events giving rise to this Complaint.
10. Upon information and belief, at all times hereinafter mentioned, Defendant,
'ORT AUTHORITY OF NEW YORK AND NEW JERSEY, leased, owned, managed, operated
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md/or controlled the premises known as 69 Federal Circle, Jamaica, New York 11430
hereinafter "69 Federal Circle") and the parking lots and pavement contained therein.
11. Upon information and belief, at all times hereinafter mentioned, Defendant,
ORT AUTHORITY OF NEW YORK AND NEW JERSEY, its servants, licensees, agents,
md/or employees, owned 69 Federal Circle and the parking lots and pavement contained therein.
12. Upon information and belief, at all times hereinafter mentioned, Defendant,
'ORT AUTHORITY OF NEW YORK AND NEW JERSEY, its servants, licensees, agents,
md/or employees, operated 69 Federal Circle, Jamaica, New York 11430 and the parking lots
md pavement contained therein.
13. Upon information and belief, at all times hereinafter mentioned, Defendant,
ORT AUTHORITY OF NEW YORK AND NEW JERSEY, its servants, licensees,.agents,
md/or employees, managed 69 Federal Circle and the parking lots and pavement contained
herein.
14. Upon information and belief, at all times hereinafter mentioned, Defendant,
'ORT AUTHORITY OF NEW YORK AND NEW JERSEY, its servants, liceñsees, agents,
md/or employees, maintained 69 Federal Circle and the parking lots and pavement contained
herein.
15. Upon information and belief, at all times hereinafter mentioned, Defendant,
ORT AUTHORITY OF NEW YORK AND NEW JERSEY, its servants, licensees, agents,
md/or employees, controlled 69 Federal Circle and the parking lots and pavement contained
.herein.
16. Upon information and belief, at all times hereinafter mentioned, Defendant,
'ORT AUTHORITY OF NEW YORK AND NEW JERSEY, its servants, licensees, agents,
md/or employees, had a duty to operate, manage, and control 69 Federal Circle and the parking
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ots and pavement contained therein in a reasonably safe and suitable condition and state of
epair.
17. Upon information and belief, at all times hereinafter mentioned, Defendant,
ORT AUTHORITY OF NEW YORK AND NEW JERSEY, its servants, licensees, agents,
md/or employees, had a duty to warn of the danger of existing and negligently created defects at
59 Federal Circle and the parking lots and pavement contained therein.
18. Upon information and belief, at all times hereinafter mentioned, Defendant,
INTERPRISE HOLDINGS, INC., leased, owned, managed, operated and/or controlled 69
Tederal Circle and the parking lots and pavement contained therein.
19. Upon information and belief, at all times hereinafter mentioned, Defendant,
INTERPRISE HOLDINGS, INC., its servants, licensees, agents, and/or employees, owned 69
federal Circle and the parking lots and pavement contained therein.
20. Upon information and belief, at all times hereinafter mentioned, Defendant,
3NTERPRISE HOLDINGS, INC., its servants, licensees, agents, and/or employees, operated 69
ederal Circle, Jamaica, New York 11430 and the parking lots and pavement contained therein.
21. Upon information and belief, at all times hereinafter mentioned, Defendant,
NTERPRISE HOLDINGS, INC., its servants, licensees, agents, and/or employees, managed 69
Pederal Circle and the parking lots and pavement contained therein.
22. Upon information and belief, at all times hereinafter Defendant
mentioned,
iNTERPRISE HOLDINGS, INC., its servants, licensees, agents, and/or employees, maintained
59 Federal Circle and the parking lots and pavement contained therein.
23. Upon information and belief, at all times hereinafter mentioned, Defendant,
iNTERPRISE HOLDINGS, INC., its servants, liceñsees, agents, and/or employees, controlled
59 Federal Circle and the parking lots and pavcmcat contained therein.
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24. Upon information and belief, at all times hereinafter mentioned, Defendant,
ENTERPRISE HOLDINGS, INC., its servants, licensees, agents, and/or employees, had a duty
o operate, monase, and control 69 Federal Circle and the parking lots and pavement cõñtained
herein in a reasonably safe and suitable condition and state of repair.
25. Upon information and belief, at all times hereinafter mentioned, Defendant,
ENTERPRISE HOLDINGS, INC., its servants, licensees, agents, and/or employees, had a duty
o warn of the danger of existing and negligently created defects at 69 Federal Circle and the
>arking lots and pavement contained therein.
26. Upon information and belief, at all times hereinafter mentioned, Defeñdãñt,
ENTERPRISE RENT-A-CAR COMPANY, leased, owned, managed, operated and/or controlled
59 Federal Circle and the parking lots and pavement contained therein.
27. Upon information and belief, at all times hereinafter mentioned, Defendant,
3NTERPRISE RENT-A-CAR COMPANY, its servants, licensees, agents, and/or employees,
3wned 69 Federal Circle and the parking lots and pavement contained therein.
28. Upon information and belief, at all times hereinafter mentioned, Defendant,
ENTERPRISE RENT-A-CAR COMPANY, its servants, licensees, agents, and/or employees,
3perated 69 Federal Circle, Jamaica, New York 11430 and the parking lots and pavement
ontained therein.
29. Upon information and belief, at all times hereinafter mentioned, Defendant,
ENTERPRISE RENT-A-CAR COMPANY, its servants, liceñsees, agents, and/or employees,
nanaged 69 Federal Circle and the parking lots and pavement contained therein.
30. Upon information and belief, at all times hereinafter mentioned, Defendant,
ENTERPRISE RENT-A-CAR COMPANY, its servants, licensees, agents, and/or employees,
naintained 69 Federal Circle and the parking lots and pavement contained therein.
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31. Upon information and belief, at all times hereinafter mentioned, Defendant,
INTERPRISE RENT-A-CAR COMPANY, its servants, liceñsees, agents, and/or employees,
ontrolled 69 Federal Circle and the parking lots and pavement contained therein.
32. Upon information and belief, at all times hereinafter mentioned, Defendant,
NTERPRISE RENT-A-CAR COMPANY, its servants, licensees, agents, and/or employees,
lad a duty to operate, mañage, and control 69 Federal Circle and the parking lots and pavement
ontained therein in a reasonably safe and suitable condition and state of repair.
33. Upon information and belief, at all times hereinafter mentioned, Defendant,
3NTERPRISE RENT-A-CAR COMPANY, its servants, licensees, agents, and/or employees,
lad a duty to warn of the danger of existing and negligently created defects at 69 Federal Circle
md the parking lots and pavement contained therein.
34. On or about December 4, 2018, at approximately 8:55 AM, while Plaintiff,
IOBERT RICKETTS, was lawfully walking on a parking lot located at or near 69 Federal
Zircle, Plaintiff was caused to fall as a result of dangerously uneven pavement.
35. At all times hereinafter mentioned, the pavement located within the parking lot at
3r near 69 Federal Circle was intended for the lawful use of pedestrians.
36. Upon information and belief, on or about December 4, 2018, the placenient,
nstallation, and mainteñâñce of the pavement within the parking lot at the point Plaintiff was
:aused to fall was a dangerous and hazardous condition constitüting a trap that Defendants knew,
>r in the exercise of reasóñabic care should, have known of.
use"
37. Upon information and belief, Defendants made "special of the parking lot
md pavement at the point Plaintiff was caused to fall.
38. Upon information and belief, on or about December 4, 2018, Defendants caused
md/or created the dangerous, hazardous, and unsafe condition upon said pavement within the
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3arking lot and Defendants knew or, in the exercise of reasonable care, should have known about
he existence of that condition.
39. Upon information and belief, on or about December 4, 2018 and for a substantial
3eriod of time prior thereto, Defendants knew or, in the exercise of reasonable care, should have
cnown, of the conditions of the pavement within the parking lot at the point Plaintiff was caused
o fall could or would be likely to render the path dangerous, perilous, and hazardous to traverse,
.vith the likelihood of injury and harm to patrons lawfully using same.
40. This action falls within one or more of the exceptions set forth in Section 1602 of
he CPLR.
41. The aforesaid occurrence was caused by the negligence, carelessness and
ecklessness of Defendant, PORT AUTHORITY OF NEW YORK and NEW JERSEY, in the
3wnership, operation, maintenance, special use, repair and/or control of the pavement within the
3arking lot at the point Plaintiff was caused to fall at or near 69 Federal Circle, without any
Tegligence, carelessness and/or recklessness on the part of Plaintiff contributing thereto.
42. The aforesaid occurrence was caused by the negligence, carelessness and
ecklessness of Defendant, ENTERPRISE HOLDINGS, INC., in the ownership, operation,
aintenance, special use, repair and/or control of the pavement within the parking lot at the point
laintiff was caused to fall at or near 69 Federal Circle, without any negligence, carelessness
md/or recklessness on the part of Plaintiff contributing thereto.
43. The aforesaid occurrence was caused by the negligence, carelessness and
ecklessness of Defendant, ENTERPRISE RENT-A-CAR COMPANY, in the ownership,
3peration, maintenance, special use, repair and/or control of the pavement within the parking lot
it the point Plaintiff was caused to fall at or near 69 Federal Circle, without any negligence,
arelessness and/or recklessness on the part of Plaintiff contributing thereto.
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44. By reason of the foregoing occurrence, Plaintiff, ROBERT RICKETTS, sustained
:erious injury including, but not limited to, injuries to his left knee, including, but not limited to,
3ruising, swelling, and bleeding, injuries to his lower back, neck, mental anguish, headaches,
smotional distress and pain and suffering.
45. By reason of the foregoing, Plaintiff has been damaged in an amount,
Preview
FILED: BRONX COUNTY CLERK 12/03/2019 04:47 PM INDEX NO. 34264/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 3UPREME COURT OF THE STATE OF NEW YORK 20UNTY OF BRONX Index No: --------------------------- ----------------------- X Date Filed: tOBERT RICKETTS, Plaintiff designates Bronx County Plaintiff, as the place of trial. - against - SUMMONS The basis of venue is 'ORT AUTHORITY OF NEW YORK and NEW JERSEY, Unconsolidated Laws §7106. ENTERPRISE HOLDINGS, INC., and ENTERPRISE IENT-A-CAR COMPANY, A county situated wholly or partially within the Port of New York district. Defendants. ----------- -----------------------------------------------X TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a opy of your answer on the Plaintiff's Attorneys within twenty (20) days after the service of this :ummons, exclusive of the day of service, where service is made by delivery upon you 3ersonally within the state, or within thirty (30) days after completion of service where service is nade in any other -cr. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. )ated: Brooklyn, New York December _, 2019 RATSENBERG & ASSOCIATES, P.C. Yours etc., BY: NATALIA RATSENBERG, ESQ. Attorneys for Plaintiff ROBERT RICKETTS 17th 2579 East Street, Suite 51 Brooklyn, New York 1 1235 (718) 676-5757 To: PORT AUTHORITY OF NEW YORK and NEW JERSEY 4 World Trade Center 150 Greenwich Street New York, NY 10007 ENTERPRISE HOLDINGS, INC. c/o C T CORPORATION SYSTEM 28 LIBERTY ST. NEW YORK, NY 10005 -1- 1 of 12 FILED: BRONX COUNTY CLERK 12/03/2019 04:47 PM INDEX NO. 34264/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 ENTERPRISE HOLDINGS, INC. 69 Federal Circle Jamaica, New York 11430 ENTERPRISE RENT-A-CAR COMPANY c/o C T CORPORATION SYSTEM 28 LIBERTY ST. NEW YORK, NY 10005 ENTERPRISE RENT-A-CAR COMPANY 69 Federal Circle Jamaica, New York 11430 -2- 2 of 12 FILED: BRONX COUNTY CLERK 12/03/2019 04:47 PM INDEX NO. 34264/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 3UPREME COURT OF THE STATE OF NEW YORK DOUNTY OF BRONX ---------------------------------------------- -----------X Index No.: IOBERT RICKETTS, Plaintiff, -against- VERIFIED COMPLAINT 'ORT AUTHORITY OF NEW YORK and NEW JERSEY, INTERPRISE HOLDINGS, INC., and ENTERPRISE tENT-A-CAR COMPANY, Defendants. ------------------------------------------- ---------------------------X Plaintiff by his attorneys, RATSENBERG & ASSOCIATES, P.C., complaining of )efeñdañts herein, respectfully states and alleges, upon information and belief, as follows: 1. Plaintiff, ROBERT RICKETTS, at all times of the institution of this action, was ind still is a resident of the County of Queens, City and State of New York. 2. Upon information and belief, at all times hereinafter mentioned, Defendant, 'ORT AUTHORITY OF NEW YORK and NEW JERSEY, was and still is a body, corporate ind politic, created by Corspact between the States of New York and New Jersey with consent of he Congress of the United States and has a principal place of business at 4 World Trade Center, 150 Greenwich Street, New York, New York 10007. 3. Upon information and belief, that at all times hereinafter mentioned, the )efendant, ENTERPRISE HOLDINGS, INC., at all times of the institution of this action, was md still is a foreign business corporation, duly organized and existing under the laws of the state 3f Missouri, with its principal offices situated in the County of St. Louis, State of Missouri. 4. Upon information and belief, at all times hereinafter mentioned, the defendant, 3NTERPRISE HOLDINGS, INC., transacted business within the State of New York; regularly lid or solicited business within the State of New York or engaged in other persistent courses, onduct and/or derived substantial revenue from goods used or consumed or services rendered in -3- 3 of 12 FILED: BRONX COUNTY CLERK 12/03/2019 04:47 PM INDEX NO. 34264/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 he State of New York and expected or should have reasonably expected its acts to have onsequences within the State of New York and/or derived substantial revenue from interstate or nternational commerce. 5. Upon information and belief, that at all times hereinafter mentioned, the )efendant, ENTERPRISE RENT-A-CAR COMPANY, at all times of the institution of this tction, was and still is a foreign business corporation, duly organized and existing under the laws 3f the state of Missouri, with its principal offices situated in the County of St. Louis, State of VIissouri. 6. Upon information and belief, at all times hereinafter mentioned, the defendant, 3NTERPRISE RENT-A-CAR COMPANY., transacted business within the State of New York; egularly did or solicited business within the State of New York or engaged in other persistent :ourses, conduct and/or derived substantial revenue from goods used or consumed or services endered in the State of New York and expected or should have reasonably expected its acts to lave consequences within the State of New York and/or derived substantial revenue from nterstate or international commerce. 7. On or about March 1, 2019 and within ninety (90) days after the claim herein trose, Plaintiffs timely filed a Notice of Claim with the PORT AUTHORITY OF NEW YORK md NEW JERSEY, setting forth the facts underlying Plaintiff's claim against Defendant, PORT AUTHORITY OF NEW YORK and NEW JERSEY. 8. At least thirty (30) days have elapsed since the service of the claim prior to the ommencement of this action and adjustment of paymeñt thereof has been neglected or refused. 9. This action has been commenced within one year and ninety days after the >ccurrence of the events giving rise to this Complaint. 10. Upon information and belief, at all times hereinafter mentioned, Defendant, 'ORT AUTHORITY OF NEW YORK AND NEW JERSEY, leased, owned, managed, operated - 4 - 4 of 12 FILED: BRONX COUNTY CLERK 12/03/2019 04:47 PM INDEX NO. 34264/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 md/or controlled the premises known as 69 Federal Circle, Jamaica, New York 11430 hereinafter "69 Federal Circle") and the parking lots and pavement contained therein. 11. Upon information and belief, at all times hereinafter mentioned, Defendant, ORT AUTHORITY OF NEW YORK AND NEW JERSEY, its servants, licensees, agents, md/or employees, owned 69 Federal Circle and the parking lots and pavement contained therein. 12. Upon information and belief, at all times hereinafter mentioned, Defendant, 'ORT AUTHORITY OF NEW YORK AND NEW JERSEY, its servants, licensees, agents, md/or employees, operated 69 Federal Circle, Jamaica, New York 11430 and the parking lots md pavement contained therein. 13. Upon information and belief, at all times hereinafter mentioned, Defendant, ORT AUTHORITY OF NEW YORK AND NEW JERSEY, its servants, licensees,.agents, md/or employees, managed 69 Federal Circle and the parking lots and pavement contained herein. 14. Upon information and belief, at all times hereinafter mentioned, Defendant, 'ORT AUTHORITY OF NEW YORK AND NEW JERSEY, its servants, liceñsees, agents, md/or employees, maintained 69 Federal Circle and the parking lots and pavement contained herein. 15. Upon information and belief, at all times hereinafter mentioned, Defendant, ORT AUTHORITY OF NEW YORK AND NEW JERSEY, its servants, licensees, agents, md/or employees, controlled 69 Federal Circle and the parking lots and pavement contained .herein. 16. Upon information and belief, at all times hereinafter mentioned, Defendant, 'ORT AUTHORITY OF NEW YORK AND NEW JERSEY, its servants, licensees, agents, md/or employees, had a duty to operate, manage, and control 69 Federal Circle and the parking -5- 5 of 12 FILED: BRONX COUNTY CLERK 12/03/2019 04:47 PM INDEX NO. 34264/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 ots and pavement contained therein in a reasonably safe and suitable condition and state of epair. 17. Upon information and belief, at all times hereinafter mentioned, Defendant, ORT AUTHORITY OF NEW YORK AND NEW JERSEY, its servants, licensees, agents, md/or employees, had a duty to warn of the danger of existing and negligently created defects at 59 Federal Circle and the parking lots and pavement contained therein. 18. Upon information and belief, at all times hereinafter mentioned, Defendant, INTERPRISE HOLDINGS, INC., leased, owned, managed, operated and/or controlled 69 Tederal Circle and the parking lots and pavement contained therein. 19. Upon information and belief, at all times hereinafter mentioned, Defendant, INTERPRISE HOLDINGS, INC., its servants, licensees, agents, and/or employees, owned 69 federal Circle and the parking lots and pavement contained therein. 20. Upon information and belief, at all times hereinafter mentioned, Defendant, 3NTERPRISE HOLDINGS, INC., its servants, licensees, agents, and/or employees, operated 69 ederal Circle, Jamaica, New York 11430 and the parking lots and pavement contained therein. 21. Upon information and belief, at all times hereinafter mentioned, Defendant, NTERPRISE HOLDINGS, INC., its servants, licensees, agents, and/or employees, managed 69 Pederal Circle and the parking lots and pavement contained therein. 22. Upon information and belief, at all times hereinafter Defendant mentioned, iNTERPRISE HOLDINGS, INC., its servants, licensees, agents, and/or employees, maintained 59 Federal Circle and the parking lots and pavement contained therein. 23. Upon information and belief, at all times hereinafter mentioned, Defendant, iNTERPRISE HOLDINGS, INC., its servants, liceñsees, agents, and/or employees, controlled 59 Federal Circle and the parking lots and pavcmcat contained therein. - 6 - 6 of 12 FILED: BRONX COUNTY CLERK 12/03/2019 04:47 PM INDEX NO. 34264/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 24. Upon information and belief, at all times hereinafter mentioned, Defendant, ENTERPRISE HOLDINGS, INC., its servants, licensees, agents, and/or employees, had a duty o operate, monase, and control 69 Federal Circle and the parking lots and pavement cõñtained herein in a reasonably safe and suitable condition and state of repair. 25. Upon information and belief, at all times hereinafter mentioned, Defendant, ENTERPRISE HOLDINGS, INC., its servants, licensees, agents, and/or employees, had a duty o warn of the danger of existing and negligently created defects at 69 Federal Circle and the >arking lots and pavement contained therein. 26. Upon information and belief, at all times hereinafter mentioned, Defeñdãñt, ENTERPRISE RENT-A-CAR COMPANY, leased, owned, managed, operated and/or controlled 59 Federal Circle and the parking lots and pavement contained therein. 27. Upon information and belief, at all times hereinafter mentioned, Defendant, 3NTERPRISE RENT-A-CAR COMPANY, its servants, licensees, agents, and/or employees, 3wned 69 Federal Circle and the parking lots and pavement contained therein. 28. Upon information and belief, at all times hereinafter mentioned, Defendant, ENTERPRISE RENT-A-CAR COMPANY, its servants, licensees, agents, and/or employees, 3perated 69 Federal Circle, Jamaica, New York 11430 and the parking lots and pavement ontained therein. 29. Upon information and belief, at all times hereinafter mentioned, Defendant, ENTERPRISE RENT-A-CAR COMPANY, its servants, liceñsees, agents, and/or employees, nanaged 69 Federal Circle and the parking lots and pavement contained therein. 30. Upon information and belief, at all times hereinafter mentioned, Defendant, ENTERPRISE RENT-A-CAR COMPANY, its servants, licensees, agents, and/or employees, naintained 69 Federal Circle and the parking lots and pavement contained therein. -7 - 7 of 12 FILED: BRONX COUNTY CLERK 12/03/2019 04:47 PM INDEX NO. 34264/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 31. Upon information and belief, at all times hereinafter mentioned, Defendant, INTERPRISE RENT-A-CAR COMPANY, its servants, liceñsees, agents, and/or employees, ontrolled 69 Federal Circle and the parking lots and pavement contained therein. 32. Upon information and belief, at all times hereinafter mentioned, Defendant, NTERPRISE RENT-A-CAR COMPANY, its servants, licensees, agents, and/or employees, lad a duty to operate, mañage, and control 69 Federal Circle and the parking lots and pavement ontained therein in a reasonably safe and suitable condition and state of repair. 33. Upon information and belief, at all times hereinafter mentioned, Defendant, 3NTERPRISE RENT-A-CAR COMPANY, its servants, licensees, agents, and/or employees, lad a duty to warn of the danger of existing and negligently created defects at 69 Federal Circle md the parking lots and pavement contained therein. 34. On or about December 4, 2018, at approximately 8:55 AM, while Plaintiff, IOBERT RICKETTS, was lawfully walking on a parking lot located at or near 69 Federal Zircle, Plaintiff was caused to fall as a result of dangerously uneven pavement. 35. At all times hereinafter mentioned, the pavement located within the parking lot at 3r near 69 Federal Circle was intended for the lawful use of pedestrians. 36. Upon information and belief, on or about December 4, 2018, the placenient, nstallation, and mainteñâñce of the pavement within the parking lot at the point Plaintiff was :aused to fall was a dangerous and hazardous condition constitüting a trap that Defendants knew, >r in the exercise of reasóñabic care should, have known of. use" 37. Upon information and belief, Defendants made "special of the parking lot md pavement at the point Plaintiff was caused to fall. 38. Upon information and belief, on or about December 4, 2018, Defendants caused md/or created the dangerous, hazardous, and unsafe condition upon said pavement within the - 8 - 8 of 12 FILED: BRONX COUNTY CLERK 12/03/2019 04:47 PM INDEX NO. 34264/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 3arking lot and Defendants knew or, in the exercise of reasonable care, should have known about he existence of that condition. 39. Upon information and belief, on or about December 4, 2018 and for a substantial 3eriod of time prior thereto, Defendants knew or, in the exercise of reasonable care, should have cnown, of the conditions of the pavement within the parking lot at the point Plaintiff was caused o fall could or would be likely to render the path dangerous, perilous, and hazardous to traverse, .vith the likelihood of injury and harm to patrons lawfully using same. 40. This action falls within one or more of the exceptions set forth in Section 1602 of he CPLR. 41. The aforesaid occurrence was caused by the negligence, carelessness and ecklessness of Defendant, PORT AUTHORITY OF NEW YORK and NEW JERSEY, in the 3wnership, operation, maintenance, special use, repair and/or control of the pavement within the 3arking lot at the point Plaintiff was caused to fall at or near 69 Federal Circle, without any Tegligence, carelessness and/or recklessness on the part of Plaintiff contributing thereto. 42. The aforesaid occurrence was caused by the negligence, carelessness and ecklessness of Defendant, ENTERPRISE HOLDINGS, INC., in the ownership, operation, aintenance, special use, repair and/or control of the pavement within the parking lot at the point laintiff was caused to fall at or near 69 Federal Circle, without any negligence, carelessness md/or recklessness on the part of Plaintiff contributing thereto. 43. The aforesaid occurrence was caused by the negligence, carelessness and ecklessness of Defendant, ENTERPRISE RENT-A-CAR COMPANY, in the ownership, 3peration, maintenance, special use, repair and/or control of the pavement within the parking lot it the point Plaintiff was caused to fall at or near 69 Federal Circle, without any negligence, arelessness and/or recklessness on the part of Plaintiff contributing thereto. - 9 - 9 of 12 FILED: BRONX COUNTY CLERK 12/03/2019 04:47 PM INDEX NO. 34264/2019E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/03/2019 44. By reason of the foregoing occurrence, Plaintiff, ROBERT RICKETTS, sustained :erious injury including, but not limited to, injuries to his left knee, including, but not limited to, 3ruising, swelling, and bleeding, injuries to his lower back, neck, mental anguish, headaches, smotional distress and pain and suffering. 45. By reason of the foregoing, Plaintiff has been damaged in an amount,