Preview
FILED: NASSAU COUNTY CLERK 09/10/2019 09:59 AM INDEX NO. 612404/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------ ---------------------------------X
John Grey, Index No.:
Date Purchased:
Plaintiff,
SUMMONS
-against-
Basis of venue
Our Saviors Lutheran Church, Lisena Anthony, designated is:
Town of Oyster Bay, and County of Nassau Nassau County
Location of Accident/
Plaintiff's Residence
Defendants.
------------------------------------------------------------------------X
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Verified Complaint in this action and
to serve a copy of your Verified Answer on the Plaintiff's attorney within twenty (20) days after
the service of this Summons, exclusive of the day of service (or within thirty (30) days after the
service is complete if this Summons is not personally delivered to you within the State of New
York); and in case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the Verified Complaint.
Dated: Jericho, New York
September 5th, 2019
GEWIRTZ LAW FIRM, LLP
By: Matthew Spindler, Esq.
366 North Broadway, Suite 400
Jericho, New York 11753
(516) 829-1600
TO: Our Saviors Lutheran Church
16 Glenwood Road
Glen Head, New York 11545
Lisena Anthony
26 Glenwood Road
Glen Head, New York 11545
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The Town of Oyster Bay
Office of the Town Clerk-Claims Department
54 Audrey Avenue
Oyster Bay New York 11714
County of Nassau
Office of the County Attorney
One West Street
Mineola, New York 11501
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------------------------------------------------------------------X
John Grey, Index No.:
Plaintiff,
COMPLAINT
-against-
Our Saviors Lutheran Church, Lisena Anthony,
Town of Oyster Bay, and County of Nassau
Defendants.
________ ___.... --------------------------------------------X
Plaintiff, John Grey, by his attorneys Gewirtz Law Firm, LLP, as and for his verified
Complaint, respectfully alleges as follows:
1. Plaintiff is and was at all relevant times a resident of the County of Nassau and State of
New York.
2. Defendant, OUR SAVIORS LUTHERAN CHURCH, at all relevant times operated a
church at 16 Glenwood Road, Glen Head, New York 11545 in the County of Nassau, State of
.
New York. . . . .
3. Defendant, LISENA ANTHONY, is and was at all relevant times a resident of the
County of Nassau and State of New York.
4. Defendant, TOWN OF OYSTER BAY, is and was at all relevant times a municipal
corporation organized and existing under the laws of the State of New York.
5. Defendant, COUNTY OF NASSAU, is and was at all relevant times a municipal
corporation organized and existing under the laws of the State of New York.
6. That prior to the commencement of this action and within ninety (90) days after the
happelling of this accident, a verified notice in writing, setting forth the time, place and
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circumstances surrounding the occurrence of the accident sued herein, was duly served and
received by The Town of Oyster bay on or about June 4th, 2019.
7. That prior to the commencement of this action and within ninety (90) days after the
happening of this accident, a verified notice in writing, setting forth the time, place and
circumstances surrounding the occurrence of the accident sued herein, was duly served and
received by County of Nassau on or about June 4th, 2019.
8. As of September 5th, 2019, The Town of Oyster Bay has not requested or demanded a
50(h) hearing in the subject matter. .
9. As of September 5th,2019, County of Nassau has not requested or demanded a 50(h)
hearing in the subject matter.
10. That more than thirty (30) days have elapsed since said demand or claim upon which
this action is founded was presented to the aforementioned defendants for adjustment, and
that it or its agents, servants and/or employees have neglected and/or refused to make any
adjustments or payment thereon within thirty (30) days after said presentation was made and
no settlement on said claim has been made.
11. That this action was commenced within one year and ninety days after said cause
of action occurred.
12. On April 24th, 2019, the sidewalk abutting 16 Glenwood Road was open to the
public and traversed by the public.
13. On April 24th, 2019, the sidewalk abutting 26 Glenwood Road was open to the
public and traversed by the public.
24th
14. On April 2019, the Plaintiff was a lawful pedestrian traversing the
sidewalk adjacent to 16 Glenwood Road.
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24th
15. On April 2019, the Plaintiff was a lawful pedestrian traversing the sidewalk
adjacent to 26 Glenwood Road.
16. On April 24th, 2019, the Plaintiff tripped on a raised sidewalk flag located
adjacent to 16 Glenwood Road
17. On April 24th, 2019 the Plaintiff tripped on a raised sidewalk flag located adjacent
to 26 Glenwood Road.
18. On April 24th, 2019, the Plaintiff tripped on a dangerous and defective sidewalk
flag located adjacent to 16 Glenwood Road.
19. On April 24th, 2019, the Plaintiff tripped on a dangerous and defective sidewalk
flag located adjacent to 26 Glenwood Road.
20. That on April 24th, 2019, the Defendant, OUR SAVIORS LUTHERAN
CHURCH, owned the property known as 16 Glenwood Road, Glen Head, New York 11545.
21. That on April 24th, 2019, the defendant, OUR SAVIORS LUTHERAN
CHURCH, was legally responsible for maintaining and repairing the sidewalk adjacent to 16
Glenwood Road pursuant to Section 205-2 of the Town of Oyster Bay Code.
22. That on April 24th, 2019, the Defendant, OUR SAVIORS LUTHERAN CHURCH,
maintained the sidewalk adjacent to 16 Glenwood Road, Glen Head, and New York 11545.
23. That on April 24th, 2019, the Defendant, OUR SAVIORS LUTHERAN CHURCH,
controlled the sidewalk adjacent to 16 Glenwood Road, Glen Head, and New York 11545
24. That on April 24th, 2019, the Defendant, OUR SAVIORS LUTHERAN CHURCH,
managed the sidewalk adjacent to 16 Glenwood Road, Glen Head, and New York 11545.
25. That on April 24th, 2019, the Defendant, LISENA ANTHONY, owned the property
known as 26 Glenwood Road, Glen Head, and New York 1154.
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26. That on April 24th, 2019, the defendant, LISENA ANTHONY, was legally responsible for
maintaining and repairing the sidewalk adjacent to 26 Glenwood Road pursuant to Section
205-2 of the Town of Oyster Bay Code.
27.. That on April 24th, 2019, the Defendant, LISENA ANTHONY, maintained the
sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545.
28. That on April 24th, 2019, the Defendant, LISENA ANTHONY, controlled the sidewalk
adjacent to 26 Glenwood Road, Glen Head, New York 11545.
29. That on April 24th, 2019, the Defendant, LISENA ANTHONY, manasod the sidewalk
adjacent to 26 Glenwood Road, Glen Head, New York 11545.
24th
30. That on April 2019, the Defendant, TOWN OF OYSTER BAY, owned the sidewalk
adjacent to 16 Glenwood Road, Glen Head, New York 11545.
24th
31. That on April 2019, the Defendant, TOWN OF OYSTER BAY, operated the
sidewalk adjacent to 16 Glenwood Road, Glen Head, New York 11545.
24th
32. That on April 2019, the Defendant, TOWN OF OYSTER BAY, managed the
sidewalk adjacent to 16 Glenwood Road, Glen Head, New York 11545.
24th
33. That on April 2019, the Defendant, TOWN OF OYSTER BAY, controlled the
sidewalk adjacent to 16 Glenwood Road, Glen Head, New York 11545.
24th
34. That on April 2019, the Defendant, TOWN OF OYSTER BAY, maintained the
sidewalk adjacent to 16 Glenwood Road, Glen Head, New York 11545.
24th
35. That on April 2019, the Defendant, TOWN OF OYSTER BAY, owned the sidewalk
adjacent to 26 Glenwood Road, Glen Head, New York 11545.
24th
36. That on April 2019, the Defendant, TOWN OF OYSTER BAY, operated the
sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545.
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24th
37. That on April 2019, the Defendant, TOWN OF OYSTER BAY, managed the
sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545.
24th
38. That on April 2019, the Defendant, TOWN OF OYSTER BAY, controlled the
sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545.
24th
39. That on April 2019, the Defendant, TOWN OF OYSTER BAY maintained the
sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545.
24th
40. That on April 2019, the Defendant, TOWN OF OYSTER BAY had a duty to
maintain and repair the sidewalk adjacent to 16 Glenwood Road, Glen Head, and New York
11545.
24th
41. That on April 2019, the Defendant, TOWN OF OYSTER BAY had a duty to
maintain and repair the sidewalk adjacent to 26 Glenwood Road, Glen Head, and New York
11545.
24th
42. That on April 2019, the Defendant, COUNTY OF NASSAU, owned the sidewalk
adjacent to 16 Glenwood Road, Glen Head, New York 11545.
24th
43. That on April 2019, the Defendant, COUNTY OF NASSAU, operated the sidewalk
adjacent to 16 Glenwood Road, Glen Head, New York 11545.
24th
44. That on April 2019, the Defendant, COUNTY OF NASSAU, managed the sidewalk
adjacent to 16 Glenwood Road, Glen Head, New York 11545.
24th
45. That on April 2019, the Defendant, COUNTY OF NASSAU, controlled the sidewalk
adjacent to 16 Glenwood Road, Glen Head, New York 11545.
24th
46. That on April 2019, the Defendant, COUNTY OF NASSAU, maintained the sidewalk
adjacent to 16 Glenwood Road, Glen Head, New York 11545.
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24th
47. That on April 2019, the Defendant, COUNTY OF NASSAU, owned the sidewalk
adjacent to 26 Glenwood Road, Glen Head, New York 11545.
24th
48. That on April 2019, the Defendant, COUNTY OF NASSAU, operated the sidewalk
adjacent to 26 Glenwood Road, Glen Head, New York 11545.
24th
49. That on April 2019, the Defendant, COUNTY OF NASSAU, managed the sidewalk
adjacent to 26 Glenwood Road, Glen Head, New York 11545.
24th
50. That on April 2019, the Defendant, COUNTY OF NASSAU, controlled the sidewalk
adjacent to 26 Glenwood Road, Glen Head, New York 11545.
24th
51. That on April 2019, the Defendant, COUNTY OF NASSAU maintained the sidewalk
adjacent to 26 Glenwood Road, Glen Head, New York 11545.
24th
52. That on April 2019, the Defendant, COUNTY OF NASSAU had a duty to maintain
and repair the sidewalk adjacent to 16 Glenwood Road, Glen Head, and New York 11545.
24th
53. That on April 2019, the Defendant, COUNTY OF NASSAU had a duty to maintain
and repair the sidewalk adjacent to 26 Glenwood Road, Glen Head, and New York 11545.
54. Defendant, OUR SAVIORS LUTHERAN CHURCH., its agents, servants and/or
employees were negligent, reckless and careless as follows: in failing to furnish pedestrians,
including, but not limited to, the plaintiff herein, with a safe area in which to walk; in
negligently allowing the area in question to become and remain in an uneven, broken,
depressed, raised, dangerous and trap-like state; in causing, creating and/or allowing the area
in question to be, become and remain in an uneven, broken, depressed, raised, dangerous and
trap-like state, thereby causing plaintiff to sustain the severe and serious injuries as are
hereinafter alleged; in failing to properly maintain and manage the area in question; in failing
to remedy and/or correct the uneven, broken, depressed, raised, dangerous and trap-like
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condition; in failing to properly inspect; in failing to properly supervise; in failing to hire
competent persoññel to maintain the area in question in a safe manner; in hiring incompetent
personnel to maintain, fix, and/or repair the area in question, thereby causing and creating an
unsafe area upon which to travel; in failing to offer the plaintiff a safe area upon which to
travel; in causing, allowing and permitting a dangerous and trap-like condition to exist, to wit:
an uneven, broken, depressed, raised area; in causing, allowing and permitting the area in
question to be, become and remain uneven, depressed and raised so that a dangerous
condition hazardous to life and limb for those walking thereabout was created; in causing,
allowing and permitting such condition to exist for a long period of time prior to the accident
herein; in failing to warn the public, and particularly plaintiff herein, of the hazardous and
trap-like condition existing thereat, by barricade, light, sign, fence and/or other methods; in
failing to make or devise a safe, alternate route upon which to safely walk; in failing to
provide lighting in the area of the public walkway in question; in failing to provide adequate
lighting in the area in question; in failing to inspect and secure said area in question; in failing
to maintain said area in question in such a condition so as to prevent the occurrence
complained of; in violating those laws, ordinances, statutes, rules and regulations applicable
hereto, of which the Court may take judicial notice, and in failing to exercise due care,
diligence and forbearance so as to have avo.ided this accident and the injuries to the plaintiff
herein. Said accident occurred without any contributory negligence on the part of the
plaintiff.
55. Defendant, LISENA ANTHONY, its agents, servants and/or employees were negligent,
reckless and careless as follows: in failing to furnish pedestrians, including, but not limited to,
the plaintiff herein, with a safe area in which to walk; in negligently allowing the area in
9 of 16
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question to become and remain in an dangerous and trap-
uneven, broken, depressed, raised,
like state; in causing, creating and/or allowing the area in question to be, become and remain
in an uneven, broken, depressed, raised, dangerous and trap-like state, thereby musing
plaintiff to sustain the severe and serious injuries as are hereinafter alleged; in failing to
properly maintain and manage the area in question; in failing to remedy and/or correct the
uneven, broken, depressed, raised, dangerous and trap-like condition; in failing to properly
inspect; in failing to properly supervise; in failing to hire competent personnel to maintain the
area in question in a safe manner; in hiring incompetent personnel to maintain, fix, and/or
repair the area in question, thereby causing and creating an unsafe area upon which to travel;
in failing to offer the plaintiff a safe area upon which to travel; in causing, allowing and
permitting a dangerous and trap-like condition to exist, to wit: an uneven, broken, depressed,
raised area; in causing, allowing and permitting the area in question to be, become and rersain
uneven, depressed and raised so that a dangerous condition hazardous to life and limb for
those walking thereabout was created; in causing, allowing and permitting such condition to
exist for a long period of time prior to the accident herein; in failing to warn the public, and
particularly plaintiff herein, of the hazardous and trap-like condition existing thereat, by
barricade, light, sign, fence and/or other methods; in failing to make or devise a safe, alternate
route upon which to safely walk; in failing to provide lighting in the area of the public
walkway in question; in failing to provide adequate lighting in the area in question; in failing
to inspect and secure said area in question; in failing to maintain said area in question in such
a condition so as to prevent the occurrence complained of; in violating those laws, ordinances,
statutes, rules and regulations applicable hereto, of which the Court may take judicial notice,
and in failing to exercise due care, diligence and forbearance so as to have avoided this
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accident and the injuries to the plaintiff herein. Said accident occurred without any
contributory negligence on the part of the plaintiff.
56. Defendant, TOWN OF OYSTER BAY, its agents, servants and/or employees were
negligent, reckless and careless as follows: in failing to furnish pedestrians, including, but not
limited to, the plaintiff herein, with a safe area in which to walk; in negligently allowing the
area in question to become and remain in an uneven, broken, depressed, raised, dangerous and
trap-like state; in causing, creating and/or allowing the area in question to be, become and
remain in an uneven, broken, depressed, raised, dangerous and trap-like state, thereby causing
plaintiff to sustain the severe and serious injuries as are hereinafter alleged; in failing to
properly maintain and mañage the area in question; in failing to remedy and/or correct the
uneven, broken, depressed, raised, dangerous and trap-like condition; in failing to properly
inspect; in failing to properly supervise; in failing to hire competent personnel to maintain the
area in question in a safe manner; in hiring incompetent personnel to maintain,
Preview
FILED: NASSAU COUNTY CLERK 09/10/2019 09:59 AM INDEX NO. 612404/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------ ---------------------------------X John Grey, Index No.: Date Purchased: Plaintiff, SUMMONS -against- Basis of venue Our Saviors Lutheran Church, Lisena Anthony, designated is: Town of Oyster Bay, and County of Nassau Nassau County Location of Accident/ Plaintiff's Residence Defendants. ------------------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Verified Complaint in this action and to serve a copy of your Verified Answer on the Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this Summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Verified Complaint. Dated: Jericho, New York September 5th, 2019 GEWIRTZ LAW FIRM, LLP By: Matthew Spindler, Esq. 366 North Broadway, Suite 400 Jericho, New York 11753 (516) 829-1600 TO: Our Saviors Lutheran Church 16 Glenwood Road Glen Head, New York 11545 Lisena Anthony 26 Glenwood Road Glen Head, New York 11545 1 of 16 FILED: NASSAU COUNTY CLERK 09/10/2019 09:59 AM INDEX NO. 612404/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/10/2019 The Town of Oyster Bay Office of the Town Clerk-Claims Department 54 Audrey Avenue Oyster Bay New York 11714 County of Nassau Office of the County Attorney One West Street Mineola, New York 11501 2 of 16 FILED: NASSAU COUNTY CLERK 09/10/2019 09:59 AM INDEX NO. 612404/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------------------X John Grey, Index No.: Plaintiff, COMPLAINT -against- Our Saviors Lutheran Church, Lisena Anthony, Town of Oyster Bay, and County of Nassau Defendants. ________ ___.... --------------------------------------------X Plaintiff, John Grey, by his attorneys Gewirtz Law Firm, LLP, as and for his verified Complaint, respectfully alleges as follows: 1. Plaintiff is and was at all relevant times a resident of the County of Nassau and State of New York. 2. Defendant, OUR SAVIORS LUTHERAN CHURCH, at all relevant times operated a church at 16 Glenwood Road, Glen Head, New York 11545 in the County of Nassau, State of . New York. . . . . 3. Defendant, LISENA ANTHONY, is and was at all relevant times a resident of the County of Nassau and State of New York. 4. Defendant, TOWN OF OYSTER BAY, is and was at all relevant times a municipal corporation organized and existing under the laws of the State of New York. 5. Defendant, COUNTY OF NASSAU, is and was at all relevant times a municipal corporation organized and existing under the laws of the State of New York. 6. That prior to the commencement of this action and within ninety (90) days after the happelling of this accident, a verified notice in writing, setting forth the time, place and 3 of 16 FILED: NASSAU COUNTY CLERK 09/10/2019 09:59 AM INDEX NO. 612404/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/10/2019 circumstances surrounding the occurrence of the accident sued herein, was duly served and received by The Town of Oyster bay on or about June 4th, 2019. 7. That prior to the commencement of this action and within ninety (90) days after the happening of this accident, a verified notice in writing, setting forth the time, place and circumstances surrounding the occurrence of the accident sued herein, was duly served and received by County of Nassau on or about June 4th, 2019. 8. As of September 5th, 2019, The Town of Oyster Bay has not requested or demanded a 50(h) hearing in the subject matter. . 9. As of September 5th,2019, County of Nassau has not requested or demanded a 50(h) hearing in the subject matter. 10. That more than thirty (30) days have elapsed since said demand or claim upon which this action is founded was presented to the aforementioned defendants for adjustment, and that it or its agents, servants and/or employees have neglected and/or refused to make any adjustments or payment thereon within thirty (30) days after said presentation was made and no settlement on said claim has been made. 11. That this action was commenced within one year and ninety days after said cause of action occurred. 12. On April 24th, 2019, the sidewalk abutting 16 Glenwood Road was open to the public and traversed by the public. 13. On April 24th, 2019, the sidewalk abutting 26 Glenwood Road was open to the public and traversed by the public. 24th 14. On April 2019, the Plaintiff was a lawful pedestrian traversing the sidewalk adjacent to 16 Glenwood Road. 4 of 16 FILED: NASSAU COUNTY CLERK 09/10/2019 09:59 AM INDEX NO. 612404/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/10/2019 24th 15. On April 2019, the Plaintiff was a lawful pedestrian traversing the sidewalk adjacent to 26 Glenwood Road. 16. On April 24th, 2019, the Plaintiff tripped on a raised sidewalk flag located adjacent to 16 Glenwood Road 17. On April 24th, 2019 the Plaintiff tripped on a raised sidewalk flag located adjacent to 26 Glenwood Road. 18. On April 24th, 2019, the Plaintiff tripped on a dangerous and defective sidewalk flag located adjacent to 16 Glenwood Road. 19. On April 24th, 2019, the Plaintiff tripped on a dangerous and defective sidewalk flag located adjacent to 26 Glenwood Road. 20. That on April 24th, 2019, the Defendant, OUR SAVIORS LUTHERAN CHURCH, owned the property known as 16 Glenwood Road, Glen Head, New York 11545. 21. That on April 24th, 2019, the defendant, OUR SAVIORS LUTHERAN CHURCH, was legally responsible for maintaining and repairing the sidewalk adjacent to 16 Glenwood Road pursuant to Section 205-2 of the Town of Oyster Bay Code. 22. That on April 24th, 2019, the Defendant, OUR SAVIORS LUTHERAN CHURCH, maintained the sidewalk adjacent to 16 Glenwood Road, Glen Head, and New York 11545. 23. That on April 24th, 2019, the Defendant, OUR SAVIORS LUTHERAN CHURCH, controlled the sidewalk adjacent to 16 Glenwood Road, Glen Head, and New York 11545 24. That on April 24th, 2019, the Defendant, OUR SAVIORS LUTHERAN CHURCH, managed the sidewalk adjacent to 16 Glenwood Road, Glen Head, and New York 11545. 25. That on April 24th, 2019, the Defendant, LISENA ANTHONY, owned the property known as 26 Glenwood Road, Glen Head, and New York 1154. 5 of 16 FILED: NASSAU COUNTY CLERK 09/10/2019 09:59 AM INDEX NO. 612404/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/10/2019 26. That on April 24th, 2019, the defendant, LISENA ANTHONY, was legally responsible for maintaining and repairing the sidewalk adjacent to 26 Glenwood Road pursuant to Section 205-2 of the Town of Oyster Bay Code. 27.. That on April 24th, 2019, the Defendant, LISENA ANTHONY, maintained the sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545. 28. That on April 24th, 2019, the Defendant, LISENA ANTHONY, controlled the sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545. 29. That on April 24th, 2019, the Defendant, LISENA ANTHONY, manasod the sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545. 24th 30. That on April 2019, the Defendant, TOWN OF OYSTER BAY, owned the sidewalk adjacent to 16 Glenwood Road, Glen Head, New York 11545. 24th 31. That on April 2019, the Defendant, TOWN OF OYSTER BAY, operated the sidewalk adjacent to 16 Glenwood Road, Glen Head, New York 11545. 24th 32. That on April 2019, the Defendant, TOWN OF OYSTER BAY, managed the sidewalk adjacent to 16 Glenwood Road, Glen Head, New York 11545. 24th 33. That on April 2019, the Defendant, TOWN OF OYSTER BAY, controlled the sidewalk adjacent to 16 Glenwood Road, Glen Head, New York 11545. 24th 34. That on April 2019, the Defendant, TOWN OF OYSTER BAY, maintained the sidewalk adjacent to 16 Glenwood Road, Glen Head, New York 11545. 24th 35. That on April 2019, the Defendant, TOWN OF OYSTER BAY, owned the sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545. 24th 36. That on April 2019, the Defendant, TOWN OF OYSTER BAY, operated the sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545. 6 of 16 FILED: NASSAU COUNTY CLERK 09/10/2019 09:59 AM INDEX NO. 612404/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/10/2019 24th 37. That on April 2019, the Defendant, TOWN OF OYSTER BAY, managed the sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545. 24th 38. That on April 2019, the Defendant, TOWN OF OYSTER BAY, controlled the sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545. 24th 39. That on April 2019, the Defendant, TOWN OF OYSTER BAY maintained the sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545. 24th 40. That on April 2019, the Defendant, TOWN OF OYSTER BAY had a duty to maintain and repair the sidewalk adjacent to 16 Glenwood Road, Glen Head, and New York 11545. 24th 41. That on April 2019, the Defendant, TOWN OF OYSTER BAY had a duty to maintain and repair the sidewalk adjacent to 26 Glenwood Road, Glen Head, and New York 11545. 24th 42. That on April 2019, the Defendant, COUNTY OF NASSAU, owned the sidewalk adjacent to 16 Glenwood Road, Glen Head, New York 11545. 24th 43. That on April 2019, the Defendant, COUNTY OF NASSAU, operated the sidewalk adjacent to 16 Glenwood Road, Glen Head, New York 11545. 24th 44. That on April 2019, the Defendant, COUNTY OF NASSAU, managed the sidewalk adjacent to 16 Glenwood Road, Glen Head, New York 11545. 24th 45. That on April 2019, the Defendant, COUNTY OF NASSAU, controlled the sidewalk adjacent to 16 Glenwood Road, Glen Head, New York 11545. 24th 46. That on April 2019, the Defendant, COUNTY OF NASSAU, maintained the sidewalk adjacent to 16 Glenwood Road, Glen Head, New York 11545. 7 of 16 FILED: NASSAU COUNTY CLERK 09/10/2019 09:59 AM INDEX NO. 612404/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/10/2019 24th 47. That on April 2019, the Defendant, COUNTY OF NASSAU, owned the sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545. 24th 48. That on April 2019, the Defendant, COUNTY OF NASSAU, operated the sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545. 24th 49. That on April 2019, the Defendant, COUNTY OF NASSAU, managed the sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545. 24th 50. That on April 2019, the Defendant, COUNTY OF NASSAU, controlled the sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545. 24th 51. That on April 2019, the Defendant, COUNTY OF NASSAU maintained the sidewalk adjacent to 26 Glenwood Road, Glen Head, New York 11545. 24th 52. That on April 2019, the Defendant, COUNTY OF NASSAU had a duty to maintain and repair the sidewalk adjacent to 16 Glenwood Road, Glen Head, and New York 11545. 24th 53. That on April 2019, the Defendant, COUNTY OF NASSAU had a duty to maintain and repair the sidewalk adjacent to 26 Glenwood Road, Glen Head, and New York 11545. 54. Defendant, OUR SAVIORS LUTHERAN CHURCH., its agents, servants and/or employees were negligent, reckless and careless as follows: in failing to furnish pedestrians, including, but not limited to, the plaintiff herein, with a safe area in which to walk; in negligently allowing the area in question to become and remain in an uneven, broken, depressed, raised, dangerous and trap-like state; in causing, creating and/or allowing the area in question to be, become and remain in an uneven, broken, depressed, raised, dangerous and trap-like state, thereby causing plaintiff to sustain the severe and serious injuries as are hereinafter alleged; in failing to properly maintain and manage the area in question; in failing to remedy and/or correct the uneven, broken, depressed, raised, dangerous and trap-like 8 of 16 FILED: NASSAU COUNTY CLERK 09/10/2019 09:59 AM INDEX NO. 612404/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/10/2019 condition; in failing to properly inspect; in failing to properly supervise; in failing to hire competent persoññel to maintain the area in question in a safe manner; in hiring incompetent personnel to maintain, fix, and/or repair the area in question, thereby causing and creating an unsafe area upon which to travel; in failing to offer the plaintiff a safe area upon which to travel; in causing, allowing and permitting a dangerous and trap-like condition to exist, to wit: an uneven, broken, depressed, raised area; in causing, allowing and permitting the area in question to be, become and remain uneven, depressed and raised so that a dangerous condition hazardous to life and limb for those walking thereabout was created; in causing, allowing and permitting such condition to exist for a long period of time prior to the accident herein; in failing to warn the public, and particularly plaintiff herein, of the hazardous and trap-like condition existing thereat, by barricade, light, sign, fence and/or other methods; in failing to make or devise a safe, alternate route upon which to safely walk; in failing to provide lighting in the area of the public walkway in question; in failing to provide adequate lighting in the area in question; in failing to inspect and secure said area in question; in failing to maintain said area in question in such a condition so as to prevent the occurrence complained of; in violating those laws, ordinances, statutes, rules and regulations applicable hereto, of which the Court may take judicial notice, and in failing to exercise due care, diligence and forbearance so as to have avo.ided this accident and the injuries to the plaintiff herein. Said accident occurred without any contributory negligence on the part of the plaintiff. 55. Defendant, LISENA ANTHONY, its agents, servants and/or employees were negligent, reckless and careless as follows: in failing to furnish pedestrians, including, but not limited to, the plaintiff herein, with a safe area in which to walk; in negligently allowing the area in 9 of 16 FILED: NASSAU COUNTY CLERK 09/10/2019 09:59 AM INDEX NO. 612404/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/10/2019 question to become and remain in an dangerous and trap- uneven, broken, depressed, raised, like state; in causing, creating and/or allowing the area in question to be, become and remain in an uneven, broken, depressed, raised, dangerous and trap-like state, thereby musing plaintiff to sustain the severe and serious injuries as are hereinafter alleged; in failing to properly maintain and manage the area in question; in failing to remedy and/or correct the uneven, broken, depressed, raised, dangerous and trap-like condition; in failing to properly inspect; in failing to properly supervise; in failing to hire competent personnel to maintain the area in question in a safe manner; in hiring incompetent personnel to maintain, fix, and/or repair the area in question, thereby causing and creating an unsafe area upon which to travel; in failing to offer the plaintiff a safe area upon which to travel; in causing, allowing and permitting a dangerous and trap-like condition to exist, to wit: an uneven, broken, depressed, raised area; in causing, allowing and permitting the area in question to be, become and rersain uneven, depressed and raised so that a dangerous condition hazardous to life and limb for those walking thereabout was created; in causing, allowing and permitting such condition to exist for a long period of time prior to the accident herein; in failing to warn the public, and particularly plaintiff herein, of the hazardous and trap-like condition existing thereat, by barricade, light, sign, fence and/or other methods; in failing to make or devise a safe, alternate route upon which to safely walk; in failing to provide lighting in the area of the public walkway in question; in failing to provide adequate lighting in the area in question; in failing to inspect and secure said area in question; in failing to maintain said area in question in such a condition so as to prevent the occurrence complained of; in violating those laws, ordinances, statutes, rules and regulations applicable hereto, of which the Court may take judicial notice, and in failing to exercise due care, diligence and forbearance so as to have avoided this 10 of 16 FILED: NASSAU COUNTY CLERK 09/10/2019 09:59 AM INDEX NO. 612404/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/10/2019 accident and the injuries to the plaintiff herein. Said accident occurred without any contributory negligence on the part of the plaintiff. 56. Defendant, TOWN OF OYSTER BAY, its agents, servants and/or employees were negligent, reckless and careless as follows: in failing to furnish pedestrians, including, but not limited to, the plaintiff herein, with a safe area in which to walk; in negligently allowing the area in question to become and remain in an uneven, broken, depressed, raised, dangerous and trap-like state; in causing, creating and/or allowing the area in question to be, become and remain in an uneven, broken, depressed, raised, dangerous and trap-like state, thereby causing plaintiff to sustain the severe and serious injuries as are hereinafter alleged; in failing to properly maintain and mañage the area in question; in failing to remedy and/or correct the uneven, broken, depressed, raised, dangerous and trap-like condition; in failing to properly inspect; in failing to properly supervise; in failing to hire competent personnel to maintain the area in question in a safe manner; in hiring incompetent personnel to maintain,