Preview
FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020
DELIVER THESE PAPERS TO YOUR
LIABILITY INSURANCE CARRIER IMMEDIATELY. YOUR
FAILURE TO DO SO MAY RESULT IN THE LOSS OF COVERAGE.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
****************************************************************
SUMMONS
MONIQUE WHITE,
Index No.:
Plaintiff,
Date Filed:
Plaintiff(s) designate(s)
7TH AVENUE LEMOR LLC, LEMOR REALTY
BRONX COUNTY as
CORPORATION, and SEVENTH AVENUE
the place of trial.
MENNONITE HOUSING DEVELOPMENT
FUND CORPORATION,
The basis of venue is:
Plaintiff(s) residence
Defendants.
1284 Adee Avenue
************************************************, Bronx, New York
TO THE ABOVE-NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiffs
attorneys an answer to the complaint in this action within twenty (20) days after the
service of this summons, exc!usive of the day of service, or within thirty (30) days after
service is corriplete if this 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.
1 of 12
FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020
DATED: New York, New York
December 14, 2020
Yours, etc.,
THE BARNES FIRM, P.C.
Princess M. Tate-Burriss, Esq.
Attorneys for Plaintiff
420 Lexington Avenue, Suite 2140
New York, New York 10170
(800) 800-0000
7TH AVENUE LEMOR LLC
c/o Kenneth Morrison
1455
167 West Street
Ground Floor
New York, New York 10039
LEMOR REALTY CORPORATION
145*
167 West Street
New York, New York 10039
SEVENTH AVENUE MENNONITE HOUSING
DEVELOPMENT FUND CORPORATION
c/o Seventh Avenue Mêññonite Church
201 1465
West Street
New York, New York 10030
2
2 of 12
FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
*************************************************
MONIQUE WHITE,
Plaintiff,
COMPLAINT
7TH AVENUE LEMOR LLC, LEMOR REALTY
Index No.
CORPORATION, and SEVENTH AVENUE
MENNONITE HOUSING DEVELOPMENT
FUND CORPORATION,
Defendants.
*************************************************
Plaintiff MONIQUE WHITE, above-named, by plaintiffs attorneys, THE
BARNES FIRM, P.C., for her complaint against defendants 7TH AVENUE LEMOR LLC,
LEMOR REALTY CORPORATION and SEVENTH AVENUE MENNONITE HOUSING
DEVELOPMENT FUND CORPORATION, above-named, allege upon information and
belief:
1. At all times herein relevant plaintiff MONIQUE WHITE, has been a
resident of the County of Bronx and State of New York.
2. That at all times herein relevant, defendant, 7TH AVENUE LEMOR
LLC, was a domestic limited liability company conducting business in the State of New
York.
3 of 12
FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020
3. That at all times herein relevant, defendant, 7TH AVENUE LEMOR
LLC, transacted business within the State of New York and/or contracted anywhere to
supply goods or services in the State of New York.
4. That at all times herein relevant, defendant, 7TH AVENUE LEMOR
LLC, committed a tortious act within the State of New York.
5. That at all times herein relevant, defendant, 7TH AVENUE LEMOR
LLC, committed a tortious act without the State of New York causing injury to person or
property within the State of New York.
6. That at all times herein relevant, defendant, 7TH AVENUE LEMOR
LLC, owns, uses or possesses any real property situated with the State of New York.
7. That by virtue of the allegations above, defendant, 7TH AVENUE
LEMOR LLC, is subject to the laws of the State of New York pursuant to CPLR 302.
8. At all times herein relevant, defendant, 7TH AVENUE LEMOR LLC,
has been the owner of a certain premises located at 201 West 146th Street, Bronx, New
York.
9. That at all times hereinafter mentioned, defendant, 7TH AVENUE
LEMOR LLC, by its agents, servants and/or employees managed the aforesaid
premises.
10. That at all times hereinafter mentioned, defendant, 7TH AVENUE
LEMOR LLC, by its agents, servants and/or employees maintained the aforesaid
premises.
2
4 of 12
FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020
11. That at all times hereinafter mentioned, defendant, 7TH AVENUE
LEMOR LLC, by its agents, servants and/or employees controlled the aforesaid
premises.
12. That at all times hereinafter mentioned, defendant, 7TH AVENUE
LEMOR LLC, by its agents, servants and/or employees operated the aforesaid
premises.
13. That at all times hereinafter mentioned, defendant, 7TH AVENUE
LEMOR LLC, by its agents, servants and/or employees supervised the aforesaid
premises.
14. That at all times hereinafter mentioned, defendant, 7TH AVENUE
LEMOR LLC, by its agents, servants and/or employees inspected the aforesaid
premises.
15. At all times herein relevant, it was the duty of defendant, 7TH
AVENUE LEMOR LLC, to maintain the premises mentioned in Paragraph 8 above in a
reasonably safe and suitable condition for tenants, business invitees, patrons and
guests.
16. That at all times herein relevant, defendant, LEMOR REALTY
CORPORATION, was a domestic business corporation conducting business in the
Stateof NewYork.
17. That at all times herein relevant, defendant, LEMOR REALTY
CORPORATION, transacted business within the State of New York and/or contracted
anywhere to supply goodsorservicesinthe State of NewYork.
3
5 of 12
FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020
18. That at all times herein relevant, defendant, LEMOR REALTY
CORPORATION, committed a tortious act within the State of New York.
19. That at all times herein relevant, defendant, LEMOR REALTY
CORPORATION, committed a tortious act without the State of New York causing injury
to person or property within the State of New York.
20. That at all times herein relevant, defendant, LEMOR REALTY
CORPORATION, owns, uses or possesses any real property situated with the State of
New York.
21. That by virtue of the allegations above, defendant, LEMOR
REALTY CORPORATION, is subject to the laws of the State of New York pursuant to
CPLR 302.
22. At all times herein relevant, defendant, LEMOR REALTY
CORPORATION, has been the owner of a certain premises iccated at 201 West 146th
Street, Bronx, New York.
23. That at all times hereinafter mentioned, defendant, LEMOR
REALTY CORPORATION, by its agents, servants and/or employees managed the
aforesaid premises.
24. That at all times hereinafter mentioned, defendant, LEMOR
REALTY CORPORATION, by its agents, servants and/or emp|cyees maintained the
aforesaid premises.
4
6 of 12
FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020
25. That at all times hereinafter meñticñêd, defendant, LEMOR
REALTY CORPORATION, by its agents, servants and/or employees controlled the
aforesaid premises.
26. That at all times hereinafter mentioned, defendant, LEMOR
REALTY CORPORATION, by its agents, servants and/or employees operated the
aforesaid premises.
27. That at all times hereinafter mentioned, defendant, LEMOR
REALTY CORPORATION, by its agents, servants and/or employees supervised the
aforesaid premises.
28. That at all times hereiñafter mentioñêd, defendant, LEMOR
REALTY CORPORATION, by its agents, servants and/or employees inspected the
aforesaid premises.
29. At all times herein relevant, it was the duty of defeñdant, LEMOR
REALTY CORPORATION, to maintain the premises mentioned in Paragraph 22 above
in a reasonably safe and suitab!e condition for tenants, business invitees, patrons and
guests.
30. That at all times herein relevant, defeñdañt, SEVENTH AVENUE
MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, was a domestic
not-for-profitcorporation conducting businessin the State of New York.
31. That at all times herein relevant, defeñdañt, SEVENTH AVENUE
MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, transacted
5
7 of 12
FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020
business within the State of New York and/or contracted anywhere to supply goods or
services in the State of New York.
32. That at all times herein relevant, defendant, SEVENTH AVENUE
MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, committed a
tortious act within the State of New York.
33. That at all times herein relevant, defendant, SEVENTH AVENUE
MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, committed a
tortious act without the State of New York causing injury to person or property within the
State of New York.
34. That at all times herein relevant, defendant, SEVENTH AVENUE
MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, owns, uses or
possesses any real property situated with the State of New York.
35. That by virtue of the allegations above, defendant, SEVENTH
AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, is subject
to the laws of the State of New York pursuant to CPLR 302.
36. At all times herein relevant, defendant, SEVENTH AVENUE
MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, has been the owner
of a certain premises located at 201 West 146th Street, Bronx, New York.
37. That at all times hereinãftê mentioned, defendant, SEVENTH
AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, by its
agents, servants and/or employees managed the aforesaid premises.
6
8 of 12
FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020
38. That at all times hereinafter mentioned, defendant, SEVENTH
AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, by its
agents, servants and/oremployees maintained theaforesaid premises.
39. That at all times hereinafter mentioned, defendant, SEVENTH
AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, by its
agents,servantsand/oremployees controlled the aforesaid premises.
40. That at all times hereinafter meñticñêd, defendant, SEVENTH
AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, by its
agents, servants and/oremployees operated the aforesaid premises.
41. That at ali times hereinafter mentioned, defendant, SEVENTH
AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, by its
ageñts,servantsand/oremployeessupervised theaforesaid premises.
42. That at all times hereinafter mentioned, defendant, SEVENTH
AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, by its
agents, servants and/oremployees inspected theaforesaid premises.
43. At all timeshereinrelevant,itwasthe duty of defendant, SEVENTH
AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, to
maintain the premises mentioned in Paragraph 36 above in a reasonably safe and
suitable condition for tenants, business invitees, patrons and guests.
44. On or about February 28, 2018, plaintiff MONIQUE WHITE, was
lawfully withinthepremisesmenticñed in Paragraphs8,22,and 36 above.
7
9 of 12
FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020
45. On or about February 28, 2018, plaintiff MONIQUE WHITE, was
defendants'
caused to fall on premises thereby sustaining injuries and damages as
hereinafter alleged.
46. Plaintiff MONIQUE WHITE's injuries and damages referred to herein
defendants'
were caused solely by negligence by permitting a dangerous condition within
said premises the defendants knew, or should have known, existed and continued to exist
within said premises and/or by failing to warn plaintiff MONIQUE WHITE of said
dangerous coridition.
47. The aforementioned incident occurred solely as a result of
defendants'
ñêgligence without any negligence attributable in any measure to plaintiff
MONIQUE WHITE.
48. As a result of the negligence of the defendants as alleged above,
plaintiff MONIQUE WHITE was injured and has suffered damages in an amount which
excéêds the monetary jurisdictional limits of all lower New York State Courts.
WHEREFORE, plaintiff MONIQUE WHITE, demands judgment against
defeñdañts, 7TH AVENUE LEMOR LLC, LEMOR REALTY CORPORATION, and
SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND
CORPORATION, jointly and severally, in an amount which exceeds the moñêtary
jurisdictional limits of all lower New York State Courts and plaintiff MONIQUE WHITE,
demands such other, further and different relief as the Court may deem just and proper,
together with the costs and disbursements of this action.
DATED: New York, New York
December 14, 2020
8
10 of 12
FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020
Yours, etc.,
THE BARNES FIRM, P.C.
By:
Princess M. Tate-Burriss, Esq.
Attorneys for Plaintiff
420 Lexington Avenue, Suite 2140
New York, New York 10170
(800) 800-0000
9
11 of 12
FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020
Index No:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
MONIQUE WHITE,
Plaintiff(s),
-against-
7TH AVENUE LEMOR LLC, LEMOR REALTY CORPORATION,
AND SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT
FUND CORPORATION,
Defendant(s),
SUMMONS AND COMPLAINT
THE BARNES FIRM, P.C.
Attorneys for Plaintiff
Office & Post Office Address, Telephone
420 Lexington Avenue, Suite 2140
New York, New York 10170
(800) 800-0000
12 of 12
Preview
FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 DELIVER THESE PAPERS TO YOUR LIABILITY INSURANCE CARRIER IMMEDIATELY. YOUR FAILURE TO DO SO MAY RESULT IN THE LOSS OF COVERAGE. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX **************************************************************** SUMMONS MONIQUE WHITE, Index No.: Plaintiff, Date Filed: Plaintiff(s) designate(s) 7TH AVENUE LEMOR LLC, LEMOR REALTY BRONX COUNTY as CORPORATION, and SEVENTH AVENUE the place of trial. MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, The basis of venue is: Plaintiff(s) residence Defendants. 1284 Adee Avenue ************************************************, Bronx, New York TO THE ABOVE-NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED and required to serve upon Plaintiffs attorneys an answer to the complaint in this action within twenty (20) days after the service of this summons, exc!usive of the day of service, or within thirty (30) days after service is corriplete if this 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. 1 of 12 FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 DATED: New York, New York December 14, 2020 Yours, etc., THE BARNES FIRM, P.C. Princess M. Tate-Burriss, Esq. Attorneys for Plaintiff 420 Lexington Avenue, Suite 2140 New York, New York 10170 (800) 800-0000 7TH AVENUE LEMOR LLC c/o Kenneth Morrison 1455 167 West Street Ground Floor New York, New York 10039 LEMOR REALTY CORPORATION 145* 167 West Street New York, New York 10039 SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION c/o Seventh Avenue Mêññonite Church 201 1465 West Street New York, New York 10030 2 2 of 12 FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ************************************************* MONIQUE WHITE, Plaintiff, COMPLAINT 7TH AVENUE LEMOR LLC, LEMOR REALTY Index No. CORPORATION, and SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, Defendants. ************************************************* Plaintiff MONIQUE WHITE, above-named, by plaintiffs attorneys, THE BARNES FIRM, P.C., for her complaint against defendants 7TH AVENUE LEMOR LLC, LEMOR REALTY CORPORATION and SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, above-named, allege upon information and belief: 1. At all times herein relevant plaintiff MONIQUE WHITE, has been a resident of the County of Bronx and State of New York. 2. That at all times herein relevant, defendant, 7TH AVENUE LEMOR LLC, was a domestic limited liability company conducting business in the State of New York. 3 of 12 FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 3. That at all times herein relevant, defendant, 7TH AVENUE LEMOR LLC, transacted business within the State of New York and/or contracted anywhere to supply goods or services in the State of New York. 4. That at all times herein relevant, defendant, 7TH AVENUE LEMOR LLC, committed a tortious act within the State of New York. 5. That at all times herein relevant, defendant, 7TH AVENUE LEMOR LLC, committed a tortious act without the State of New York causing injury to person or property within the State of New York. 6. That at all times herein relevant, defendant, 7TH AVENUE LEMOR LLC, owns, uses or possesses any real property situated with the State of New York. 7. That by virtue of the allegations above, defendant, 7TH AVENUE LEMOR LLC, is subject to the laws of the State of New York pursuant to CPLR 302. 8. At all times herein relevant, defendant, 7TH AVENUE LEMOR LLC, has been the owner of a certain premises located at 201 West 146th Street, Bronx, New York. 9. That at all times hereinafter mentioned, defendant, 7TH AVENUE LEMOR LLC, by its agents, servants and/or employees managed the aforesaid premises. 10. That at all times hereinafter mentioned, defendant, 7TH AVENUE LEMOR LLC, by its agents, servants and/or employees maintained the aforesaid premises. 2 4 of 12 FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 11. That at all times hereinafter mentioned, defendant, 7TH AVENUE LEMOR LLC, by its agents, servants and/or employees controlled the aforesaid premises. 12. That at all times hereinafter mentioned, defendant, 7TH AVENUE LEMOR LLC, by its agents, servants and/or employees operated the aforesaid premises. 13. That at all times hereinafter mentioned, defendant, 7TH AVENUE LEMOR LLC, by its agents, servants and/or employees supervised the aforesaid premises. 14. That at all times hereinafter mentioned, defendant, 7TH AVENUE LEMOR LLC, by its agents, servants and/or employees inspected the aforesaid premises. 15. At all times herein relevant, it was the duty of defendant, 7TH AVENUE LEMOR LLC, to maintain the premises mentioned in Paragraph 8 above in a reasonably safe and suitable condition for tenants, business invitees, patrons and guests. 16. That at all times herein relevant, defendant, LEMOR REALTY CORPORATION, was a domestic business corporation conducting business in the Stateof NewYork. 17. That at all times herein relevant, defendant, LEMOR REALTY CORPORATION, transacted business within the State of New York and/or contracted anywhere to supply goodsorservicesinthe State of NewYork. 3 5 of 12 FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 18. That at all times herein relevant, defendant, LEMOR REALTY CORPORATION, committed a tortious act within the State of New York. 19. That at all times herein relevant, defendant, LEMOR REALTY CORPORATION, committed a tortious act without the State of New York causing injury to person or property within the State of New York. 20. That at all times herein relevant, defendant, LEMOR REALTY CORPORATION, owns, uses or possesses any real property situated with the State of New York. 21. That by virtue of the allegations above, defendant, LEMOR REALTY CORPORATION, is subject to the laws of the State of New York pursuant to CPLR 302. 22. At all times herein relevant, defendant, LEMOR REALTY CORPORATION, has been the owner of a certain premises iccated at 201 West 146th Street, Bronx, New York. 23. That at all times hereinafter mentioned, defendant, LEMOR REALTY CORPORATION, by its agents, servants and/or employees managed the aforesaid premises. 24. That at all times hereinafter mentioned, defendant, LEMOR REALTY CORPORATION, by its agents, servants and/or emp|cyees maintained the aforesaid premises. 4 6 of 12 FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 25. That at all times hereinafter meñticñêd, defendant, LEMOR REALTY CORPORATION, by its agents, servants and/or employees controlled the aforesaid premises. 26. That at all times hereinafter mentioned, defendant, LEMOR REALTY CORPORATION, by its agents, servants and/or employees operated the aforesaid premises. 27. That at all times hereinafter mentioned, defendant, LEMOR REALTY CORPORATION, by its agents, servants and/or employees supervised the aforesaid premises. 28. That at all times hereiñafter mentioñêd, defendant, LEMOR REALTY CORPORATION, by its agents, servants and/or employees inspected the aforesaid premises. 29. At all times herein relevant, it was the duty of defeñdant, LEMOR REALTY CORPORATION, to maintain the premises mentioned in Paragraph 22 above in a reasonably safe and suitab!e condition for tenants, business invitees, patrons and guests. 30. That at all times herein relevant, defeñdañt, SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, was a domestic not-for-profitcorporation conducting businessin the State of New York. 31. That at all times herein relevant, defeñdañt, SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, transacted 5 7 of 12 FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 business within the State of New York and/or contracted anywhere to supply goods or services in the State of New York. 32. That at all times herein relevant, defendant, SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, committed a tortious act within the State of New York. 33. That at all times herein relevant, defendant, SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, committed a tortious act without the State of New York causing injury to person or property within the State of New York. 34. That at all times herein relevant, defendant, SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, owns, uses or possesses any real property situated with the State of New York. 35. That by virtue of the allegations above, defendant, SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, is subject to the laws of the State of New York pursuant to CPLR 302. 36. At all times herein relevant, defendant, SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, has been the owner of a certain premises located at 201 West 146th Street, Bronx, New York. 37. That at all times hereinãftê mentioned, defendant, SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, by its agents, servants and/or employees managed the aforesaid premises. 6 8 of 12 FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 38. That at all times hereinafter mentioned, defendant, SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, by its agents, servants and/oremployees maintained theaforesaid premises. 39. That at all times hereinafter mentioned, defendant, SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, by its agents,servantsand/oremployees controlled the aforesaid premises. 40. That at all times hereinafter meñticñêd, defendant, SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, by its agents, servants and/oremployees operated the aforesaid premises. 41. That at ali times hereinafter mentioned, defendant, SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, by its ageñts,servantsand/oremployeessupervised theaforesaid premises. 42. That at all times hereinafter mentioned, defendant, SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, by its agents, servants and/oremployees inspected theaforesaid premises. 43. At all timeshereinrelevant,itwasthe duty of defendant, SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, to maintain the premises mentioned in Paragraph 36 above in a reasonably safe and suitable condition for tenants, business invitees, patrons and guests. 44. On or about February 28, 2018, plaintiff MONIQUE WHITE, was lawfully withinthepremisesmenticñed in Paragraphs8,22,and 36 above. 7 9 of 12 FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 45. On or about February 28, 2018, plaintiff MONIQUE WHITE, was defendants' caused to fall on premises thereby sustaining injuries and damages as hereinafter alleged. 46. Plaintiff MONIQUE WHITE's injuries and damages referred to herein defendants' were caused solely by negligence by permitting a dangerous condition within said premises the defendants knew, or should have known, existed and continued to exist within said premises and/or by failing to warn plaintiff MONIQUE WHITE of said dangerous coridition. 47. The aforementioned incident occurred solely as a result of defendants' ñêgligence without any negligence attributable in any measure to plaintiff MONIQUE WHITE. 48. As a result of the negligence of the defendants as alleged above, plaintiff MONIQUE WHITE was injured and has suffered damages in an amount which excéêds the monetary jurisdictional limits of all lower New York State Courts. WHEREFORE, plaintiff MONIQUE WHITE, demands judgment against defeñdañts, 7TH AVENUE LEMOR LLC, LEMOR REALTY CORPORATION, and SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, jointly and severally, in an amount which exceeds the moñêtary jurisdictional limits of all lower New York State Courts and plaintiff MONIQUE WHITE, demands such other, further and different relief as the Court may deem just and proper, together with the costs and disbursements of this action. DATED: New York, New York December 14, 2020 8 10 of 12 FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 Yours, etc., THE BARNES FIRM, P.C. By: Princess M. Tate-Burriss, Esq. Attorneys for Plaintiff 420 Lexington Avenue, Suite 2140 New York, New York 10170 (800) 800-0000 9 11 of 12 FILED: BRONX COUNTY CLERK 12/15/2020 11:10 AM INDEX NO. 35164/2020E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/15/2020 Index No: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX MONIQUE WHITE, Plaintiff(s), -against- 7TH AVENUE LEMOR LLC, LEMOR REALTY CORPORATION, AND SEVENTH AVENUE MENNONITE HOUSING DEVELOPMENT FUND CORPORATION, Defendant(s), SUMMONS AND COMPLAINT THE BARNES FIRM, P.C. Attorneys for Plaintiff Office & Post Office Address, Telephone 420 Lexington Avenue, Suite 2140 New York, New York 10170 (800) 800-0000 12 of 12