Preview
FILED: KINGS COUNTY CLERK 10/25/2018 10:58 AM INDEX NO. 521505/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS . Index No.:
--------------------------------------X Date Purchased:
MOHAMED AIREYASHI,
SUMMONS
Plaintiff,
Plaintiff designates
-against- Kings as the
County
place of trial.
DE-EVONI FRAICHEUR CRUISES, LLC
and JDJ LLC, The basis of venue is:
Place of Occurrence
Defendants.
--------------------------------------X
TO THE ABOVE NAMED DEFENDANTS:
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 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.
DATED: New York, New York
October 24, 2018
Yours, etc ,
Mitche Ber , s .
BUZIN B , P.C.
Atto ey f aintiff
MOH D AIREYA
39"
108 West Street,
New York, New York 10018
(212)580-6500
DEFENDANTS'
ADDRESSES:
DE-EVONI FRAICHEUR CRUISES, LLC
1676 Dean Street, Suite 1R
Brooklyn, New York 11213
JDJ LLC
278 River Street
Troy, New York 12180
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------X
MOHAMED AIREYASHI,
VERIFIED COMPLAINT
Plaintiff,
Index No.:
-against-
DE-EVONI FRAICHEUR CRUISES, LLC
and JDJ LLC,
Defendants.
----------------------------------------X
Plaintiff, MOHAMED AIREYASHI, as and for a cause of action
alleges, upon information and belief, as follows:
1. At the time of the commencement of this action plaintiff
MOHAMED AIREYASHI was a resident of the County of Queens, State of
New York.
2. The cause of action herein alleged arose in the County of
Kings, State of New York.
3. That this action falls within one or more of the
exemptions set forth in CPLR §1602.
4. That at all times herein mentioned, Defendant DE-EVONI
FRAICHEUR CRUISES, LLC, was and still is a domestic limited
liability company duly organized and existing under and by virtue
of the laws of the State of New York.
5. That at all times herein mentioned, Defendant DE-EVONI
FRAICHEUR CRUISES, LLC maintained a principal place of business in
the County of Kings, State of New York.
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6. That at all times herein mentioned, Defendant JDJ LLC,
was and still is a domestic limited liability company duly
organized and existing under and by virtue of the laws of the State
of New York.
7. That at all times herein mentioned, Defendant JDJ LLC
maintained a principal place of business in the County of Richmond,
State of New York.
8. On or about August 1, 2018 and at all times herein
mentioned, defendant DE-EVONI FRAICHEUR CRUISES, LLC owned a vessel
known as the CAPT. JP II.
9. On or about August 1, 2018 and at all times herein
mentioned, defendant DE-EVONI FRAICHEUR CRUISES, LLC chartered the
aforesaid vessel.
10. On or about August 1, 2018 and at all times herein
mentioned, defendant DE-EVONI FRAICHEUR CRUISES, LLC maintained the
aforesaid vessel.
11. On or about August 1, 2018 and at all times herein
mentioned, defendant DE-EVONI FRAICHEUR CRUISES, LLC managed the
aforesaid premises.
12. On or about August 1, 2018 and at all times herein
mentioned, defendant DE-EVONI FRAICHEUR CRUISES, LLC controlled the .
aforesaid vessel.
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13. On or about August 1, 2018 and at all times herein
mentioned, defendant JDJ LLC owned a vessel known as the CAPT JP
II.
14. On or about August 1, 2018 and at all times herein
mentioned, defendant JDJ LLC maintained the aforesaid vessel.
15. On or about August 1, 2018 and at all times herein
mentioned, defendant JDJ LLC managed the aforesaid premises.
16. On or about August 1, 2018 and at all times herein
mentioned, defendant DE-EVONI FRAICHEUR CRUISES, LLC controlled the
aforesaid vessel.
17. On or about August 1, 2018 plaintiff MOHAMED AIREYASHI
was a lawful passenger on the aforesaid vessel.
18. On or about August 1, 2018 plaintiff MOHAMED AIREYASHI
was lawfully exiting the aforesaid vessel with the knowledge,
permission and consent of the owner or owners.
19. On or about August 1, 2018 while plaintiff MOHAMED
AIREYASHI was lawfully exiting the aforesaid vessel, the gangway
collapsed causing the plaintiff to fall and thereby sustain severe
and permanent injuries.
20. The above mentioned occurrence and the results thereof
were caused by the joint, several and concurrent negligence of the
defendants'
defendants and/or said servants, agents, employees
and/or licensees in their ownership, operation, management,
maintenance and control of the aforesaid vessel and gangway; in
causing, allowing and permitting said vessel and gangway to be,
become and remain for a period of time after notice, either actual
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or constructive, in a dangerous and/or hazardous condition; in
causing, allowing and permitting a trap to exist at said location;
in failing to maintain the aforesaid vessel and gangway in a
reasonably safe and proper condition; in causing, allowing and
permitting an obstruction to plaintiff's safe passage at said
location; in failing to provide plaintiff with safe and proper
ingress and egress from the vessel; in causing, allowing and
permitting the existence of a defective and dangerous gangway to
interfere with and prevent plaintiff's safe passage; in causing,
allowing and permitting the existence of a condition which
constituted a trap, nuisance, menace and danger to persons lawfully
on said vessel; in failing to have taken necessary steps and
measures to have prevented the above mentioned location frombeing
used while in said dangerous condition; in failing to inspect the
vessel and gangway; in failing to properly inspect the vessel and
gangway; 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 vessel and gangway to be and
remain in said condition for an unreasonable length of time,
resulting in a hazard to the plaintiff and others; in failing to
take suitable and proper precautions for the safety of persons on
and using said vessel; in allowing too many passengers to utilize
the gangway at the same time; in failing to supervise the
passengers as they were exiting the vessel; in failing to provide
sufficient personnel to supervise and control the passengers; and
in being otherwise negligent and careless.
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21. That no negligence on the part of the plaintiff
contributed to the occurrence alleged herein in any manner
whatsoever.
22. That the plaintiff will rely on the doctrine of Res Ipsa
Loquitur.
23. 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.
24. By reason of the above, plaintiff has sustained damages,
both general and special, in an amount that exceeds the
jurisdictional limits of all lower courts which would otherwise
have jurisdiction.
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WHEREFORE, Plaintif f MOHAMED AIREYASHI, demands judgment
against the Defendants in an amount which exceeds the
jurisdictional limitations of all lower courts which would
otherwise have jurisdiction over this action, together with
interest, the costs and disbursements of this action.
Dated: New York, New York
October 24, 2018
Yours, t .
Mitche 1 Be q.
BUZIN & , P. C.
Atto ys for Plaintiff
MO ED AIREYASHI
th
108 -3 eet, Suite 600
New York, New York 10018
(212) 580-6500
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STATE OF NEW YORK, COUNTY OF NEW YORK 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 plaintiff 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 client, is that my client is 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 investigation conducted by my office.
DATED: New York, New York
October 24, 2018
MITC LL
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Preview
FILED: KINGS COUNTY CLERK 10/25/2018 10:58 AM INDEX NO. 521505/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS . Index No.: --------------------------------------X Date Purchased: MOHAMED AIREYASHI, SUMMONS Plaintiff, Plaintiff designates -against- Kings as the County place of trial. DE-EVONI FRAICHEUR CRUISES, LLC and JDJ LLC, The basis of venue is: Place of Occurrence Defendants. --------------------------------------X TO THE ABOVE NAMED DEFENDANTS: 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 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. DATED: New York, New York October 24, 2018 Yours, etc , Mitche Ber , s . BUZIN B , P.C. Atto ey f aintiff MOH D AIREYA 39" 108 West Street, New York, New York 10018 (212)580-6500 DEFENDANTS' ADDRESSES: DE-EVONI FRAICHEUR CRUISES, LLC 1676 Dean Street, Suite 1R Brooklyn, New York 11213 JDJ LLC 278 River Street Troy, New York 12180 1 of 8 FILED: KINGS COUNTY CLERK 10/25/2018 10:58 AM INDEX NO. 521505/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------X MOHAMED AIREYASHI, VERIFIED COMPLAINT Plaintiff, Index No.: -against- DE-EVONI FRAICHEUR CRUISES, LLC and JDJ LLC, Defendants. ----------------------------------------X Plaintiff, MOHAMED AIREYASHI, as and for a cause of action alleges, upon information and belief, as follows: 1. At the time of the commencement of this action plaintiff MOHAMED AIREYASHI was a resident of the County of Queens, State of New York. 2. The cause of action herein alleged arose in the County of Kings, State of New York. 3. That this action falls within one or more of the exemptions set forth in CPLR §1602. 4. That at all times herein mentioned, Defendant DE-EVONI FRAICHEUR CRUISES, LLC, was and still is a domestic limited liability company duly organized and existing under and by virtue of the laws of the State of New York. 5. That at all times herein mentioned, Defendant DE-EVONI FRAICHEUR CRUISES, LLC maintained a principal place of business in the County of Kings, State of New York. 2 of 8 FILED: KINGS COUNTY CLERK 10/25/2018 10:58 AM INDEX NO. 521505/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 6. That at all times herein mentioned, Defendant JDJ LLC, was and still is a domestic limited liability company duly organized and existing under and by virtue of the laws of the State of New York. 7. That at all times herein mentioned, Defendant JDJ LLC maintained a principal place of business in the County of Richmond, State of New York. 8. On or about August 1, 2018 and at all times herein mentioned, defendant DE-EVONI FRAICHEUR CRUISES, LLC owned a vessel known as the CAPT. JP II. 9. On or about August 1, 2018 and at all times herein mentioned, defendant DE-EVONI FRAICHEUR CRUISES, LLC chartered the aforesaid vessel. 10. On or about August 1, 2018 and at all times herein mentioned, defendant DE-EVONI FRAICHEUR CRUISES, LLC maintained the aforesaid vessel. 11. On or about August 1, 2018 and at all times herein mentioned, defendant DE-EVONI FRAICHEUR CRUISES, LLC managed the aforesaid premises. 12. On or about August 1, 2018 and at all times herein mentioned, defendant DE-EVONI FRAICHEUR CRUISES, LLC controlled the . aforesaid vessel. 2 3 of 8 FILED: KINGS COUNTY CLERK 10/25/2018 10:58 AM INDEX NO. 521505/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 13. On or about August 1, 2018 and at all times herein mentioned, defendant JDJ LLC owned a vessel known as the CAPT JP II. 14. On or about August 1, 2018 and at all times herein mentioned, defendant JDJ LLC maintained the aforesaid vessel. 15. On or about August 1, 2018 and at all times herein mentioned, defendant JDJ LLC managed the aforesaid premises. 16. On or about August 1, 2018 and at all times herein mentioned, defendant DE-EVONI FRAICHEUR CRUISES, LLC controlled the aforesaid vessel. 17. On or about August 1, 2018 plaintiff MOHAMED AIREYASHI was a lawful passenger on the aforesaid vessel. 18. On or about August 1, 2018 plaintiff MOHAMED AIREYASHI was lawfully exiting the aforesaid vessel with the knowledge, permission and consent of the owner or owners. 19. On or about August 1, 2018 while plaintiff MOHAMED AIREYASHI was lawfully exiting the aforesaid vessel, the gangway collapsed causing the plaintiff to fall and thereby sustain severe and permanent injuries. 20. The above mentioned occurrence and the results thereof were caused by the joint, several and concurrent negligence of the defendants' defendants and/or said servants, agents, employees and/or licensees in their ownership, operation, management, maintenance and control of the aforesaid vessel and gangway; in causing, allowing and permitting said vessel and gangway to be, become and remain for a period of time after notice, either actual 3 4 of 8 FILED: KINGS COUNTY CLERK 10/25/2018 10:58 AM INDEX NO. 521505/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 or constructive, in a dangerous and/or hazardous condition; in causing, allowing and permitting a trap to exist at said location; in failing to maintain the aforesaid vessel and gangway in a reasonably safe and proper condition; in causing, allowing and permitting an obstruction to plaintiff's safe passage at said location; in failing to provide plaintiff with safe and proper ingress and egress from the vessel; in causing, allowing and permitting the existence of a defective and dangerous gangway to interfere with and prevent plaintiff's safe passage; in causing, allowing and permitting the existence of a condition which constituted a trap, nuisance, menace and danger to persons lawfully on said vessel; in failing to have taken necessary steps and measures to have prevented the above mentioned location frombeing used while in said dangerous condition; in failing to inspect the vessel and gangway; in failing to properly inspect the vessel and gangway; 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 vessel and gangway to be and remain in said condition for an unreasonable length of time, resulting in a hazard to the plaintiff and others; in failing to take suitable and proper precautions for the safety of persons on and using said vessel; in allowing too many passengers to utilize the gangway at the same time; in failing to supervise the passengers as they were exiting the vessel; in failing to provide sufficient personnel to supervise and control the passengers; and in being otherwise negligent and careless. 4 5 of 8 FILED: KINGS COUNTY CLERK 10/25/2018 10:58 AM INDEX NO. 521505/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 21. That no negligence on the part of the plaintiff contributed to the occurrence alleged herein in any manner whatsoever. 22. That the plaintiff will rely on the doctrine of Res Ipsa Loquitur. 23. 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. 24. By reason of the above, plaintiff has sustained damages, both general and special, in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 5 6 of 8 FILED: KINGS COUNTY CLERK 10/25/2018 10:58 AM INDEX NO. 521505/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 WHEREFORE, Plaintif f MOHAMED AIREYASHI, demands judgment against the Defendants in an amount which exceeds the jurisdictional limitations of all lower courts which would otherwise have jurisdiction over this action, together with interest, the costs and disbursements of this action. Dated: New York, New York October 24, 2018 Yours, t . Mitche 1 Be q. BUZIN & , P. C. Atto ys for Plaintiff MO ED AIREYASHI th 108 -3 eet, Suite 600 New York, New York 10018 (212) 580-6500 6 7 of 8 FILED: KINGS COUNTY CLERK 10/25/2018 10:58 AM INDEX NO. 521505/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/25/2018 STATE OF NEW YORK, COUNTY OF NEW YORK 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 plaintiff 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 client, is that my client is 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 investigation conducted by my office. DATED: New York, New York October 24, 2018 MITC LL 7 8 of 8