Preview
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019
SUPREME COURT OF THE STATE OF NEW YORK Filed:
COUNTY OF NASSAU
INDEX NO.:
RANDOLPH GALLER, Plaintiff designates Nassau
County as the place of trial.
Plaintiff,
S U M M O N S
-against-
The basis of venue is
GILMAN MANAGEMENT CORPORATION
and NASSAU WINDSOR CO., Plaintiff's residence:
55 Windsor Avenue
Defendants. Rockville Centre, New York
To the above named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer on the plaintiffs attorneys within 20 days after the service of this summons,
exclusive of the day of service of this summons, or within 30 days after service of this summons is
complete, if this summons is not personally delivered to you within the State of New York.
In case of your failure to answer this summons, a judgment by default will be taken against
you for the relief demanded in the complaint, together with the costs of this action.
Dated: New York, New York
August 22, 2019
STEVEN C. NO EMBER, ESQ.
RAPHAELSO & LEVINE LAW FIRM, P.C.
Attorneys for laintiff
Pennsylvania Building
14 Penn Plaza, Suite 1718
New York, New York 10122
(212) 268-3222
DEFENDANTS:
GILMAN MANAGEMENT CORPORATION
55 Watermill Lane, Suite 100
Great Neck, New York 11021
NASSAU WINDSOR CO.
40 Randall Avenue,
Freeport, New York 11520
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
INDEX NO.
RANDOLPH GALLER,
Plaintiff, VERIFIED COMPLAINT
-against-
GILMAN MANAGEMENT CORPORATION
and NASSAU WINDSOR CO.,
Defendants.
Plaintiff, by his attorneys, RAPHAELSON & LEVINE LAW FIRM, P.C., as and for his
Verified Compl:int, respectfully alleges, upon information and belief:
1. The plaintiff, RANDOLPH GALLER, at all times herein mentioned was and still
is a resident of the County of Nassau, City and the State of New York.
2. That at all times herein mentioned, defendant, GILMAN MANAGEMENT
CORPORATION, is a duly organized domestic business corporation, existing under and by virtue
of the laws of the State of New York.
3. That at all times herein mentioned, defendant GILMAN MANAGEMENT
CORPORATION, is a duly organized foreign business corporation, existing under and by virtue
of the laws of the State of New York.
4. That at all times herein mentioned, defendant, GILMAN MANAGEMENT
CORPORATION, conducted and carried on business in the County ofNãssau and the State ofNew
York.
5. That at all times herein mentioned, defendant, NASSAU WINDSOR CO., is a duly
organized domestic business corporation, existing under and by virtue of the laws of the State of
New York.
6. That at all times herein mentioned, defendant, NASSAU WINDSOR CO., is a duly
organized foreign business corporation, existing under and by virtue of the laws of the State of New
York.
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7. That at all times herein mentioned, defendant, NASSAU WINDSOR CO., coñdüctod
and carried on business in the County of Nassau and the State of New York.
8. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT
CORPORATION, owned the internal walkways located in the courtyard in front of 55 Windsor
Avenue, Rockville Centre, in the County of Nassau and State of New York.
9. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT
CORPORATION, leased the internal walkways located in the courtyard in front of 55 Windsor
Avenue, Rockville Centre, in the County of Nassau and State of New York.
10. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT
CORPORATION, was the lessee of the internal walkways located in the courtyard in front of 55
Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York.
11. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT
CORPORATION, was the lessor of the internal walkways located in the courtyard in front of 55
Windsor Avenue, Rockville Centre, in the County of Nassaü and State of New York.
12. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT
CORPORATION, defendant's servants, agents and/or employees operated the aforesaid internal
walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County
of Nassau and State of New York.
13. That at all times herein mentioned, the defendant GILMAN MANAGEMENT
CORPORATION, defendant'sservants, agents and/or employees maintained the aforesaid internal
walkwãÿs located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County
of Nassau and State of New York.
14. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT
CORPORATION, defandant'sservants, agents and/or employees managed the aforesaid internal
walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County
of Nassau and State of New York.
15. That at all times herein mentioned, the defendant GILMAN MANAGEMENT
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CORPORATION, defendant's servants, agents and/or employees controlled the aforesaid internal
walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County
of Nassau and State of New York.
16. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT
CORPORATION, its agents, servants and/or employees constructed the aforesaid internal
walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County
of Nassau and State of New York.
17. That at all times herein mentioned, the def-dant GILMAN MANAGEMENT
CORPORATION, defendant's servants, agents and/or employees supervised the aforesaid internal
walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County
of Nassau and State of New York.
18. That at all times herein mentioned, the defeñdañt, GILMAN MANAGEMENT
CORPORATION, defendant's servants, agents and/or employees repaired the aforesaid internal
walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County
of Nassau and State of New York.
19. That at all times herein mentioned, the defendant GILMAN MANAGEMENT
CORPORATION, defendant's servants, agents and/or employees inspected the aforesaid internal
walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County
of Nassãü and State of New York.
20. That at all times herein mentioned, the defendant, GIIMAN MANAGEMENT
CORPORATION, managed the premises located at 55 Windsor Avenue, Rockville Centre,
pursuant to a written agreement with NASSAU WINDSOR CO.
21. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT
CORPORATION, managed the premises located at 55 Windsor Avenue, Rockville Centre,
pursuant to a oral agreement with NASSAU WINDSOR CO.
22. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO., owned
the internal walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre,
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in the County of Nassau and State of New York.
23. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO., owned
the premises located at 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State
of New York.
24. That at all times herein mentioned, the defendant NASSAU WINDSOR CO., owned
the premises located at 55 Windsor Avenue, Rockville Centre, including the courtyard and walkways
therein, in the County of Nassau and State of New York.
25. That at all times herein meñticñed, the defendant NASSAU WINDSOR CO., leased
the internal walkways located in front of 55 Windsor Avenue, Rockville Centre, in the County of
Nassau and State of New York.
26. That at all times herein mentioned, the defendant NASSAU WINDSOR CO., was
the lessee of the internal walkways located at 55 Windsor Avenue, Rockville Centre, in the County
of Nassau and State of New York.
27. That at all times herein mentioned, the defendant NASSAU WINDSOR CO., was
the lessor of the internal walkways located at 55 Windsor Avenue, Rockville Centre, in the County
of Nassau and State of New York.
28. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO.,
defendant's servants, agents and/or employees operated the aforesaid internal walkways located at
55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York.
29. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO.,
defendant's servants, agents and/or employees main±ªined the aforesaid internal wãlkways located
at 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York.
30. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO.,
defeñdañt's servants, agents and/or employees m=q;ed the aforesaid internal walkways located at
55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. .
31. That at all times herein mentieñed, the defendant, NASSAU WINDSOR CO.,
daSnd==+'s servants, agents and/or employees controlled the aforesaid internal walkways located at
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55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York.
32. That at all times herein -hned, the defendant, NASSAU WINDSOR CO., its
agents, servants and/or employees constructed the aforesaid internal walkways located at 55 Windsor
Avenue, Rockville Centre, in the County of Nassau and State of New York.
33. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO.,
defendant's servants, agents and/or employees supervised the aforesaid internal walkways located
at 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York.
34. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO.,
defendant's servants, agents and/or employees repaired the aforesaid internal walkways located at
55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York.
35. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO.,
defendªnt's servants, agents and/or employees inspected the aforesaid internal walkways located at
55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York.
36. That at all times hereinafter mentioned, plaintiff was present upon the
lawfully
aforesaid walkways.
37. That at all times hereinafter mentioned, it was the duty of the defendants and
defendants'
respective agents, servants and/or employees to manage, maintain, repair, and control
the aforesaid walkway in a safe manner for all persons lawfully thereat.
38. That on or about the April 27, 2019, at approximately 9:00 P.M., while the plaintiff
was lawfully and properly traversing one of the aforesaid internal walkways in the courtyard and of
defendants'
premises, he was caused to trip and fall due to the defective, broken, uneven, depressed,
raised, cracked, loose and deteriorated walkway which was a defective, dangerous, hazardous and
trap like condition existing thereat, and in consequence thereof, said plaintiff sustaiñêd serious and
severe personal injuries.
39. That on or about the April 27, 2019, at approximately 9:00 P.M., said defect in the
internal walkway in the courtyard of 55 Windsor Avenue, Rockville Centre, was located adjacent
to Building A, along the internal walkway, approximately 16 ½ feet away from the public sidewalk
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along Windsor Avenue.
40. Upon information and belief, defendants, their agents, servants, contractees and/or
employees were negligent, careless and reckless in the ownership, operation, maintenance,
m:magement, construction, replacement supervision, inspection, control and repair ofthe aforesaid
internal walkway in that the said walkway was caused, permitted and allowed to be, become and
remain broken, cracked, uneven, depressed, raised, loose, jagged, defective, dangerous, hazardous
for a long and/or unreasonable length of time. Dafandants were further negligent, careless and
reckless in failing to warn individuals of the above mentioñéd defective, dangerous, hazardous
condition; in failing to properly light the aforesaid area so that it was not dangerous for persons
lawfully traversing the area; in failing to take any steps, precautions and safeguards to keep the
walkway in a reasonably safe and suitable condition; in failing to place barricades or erect signs with
warnings to persons lawfully proceeding upon said walkway, more particularly, this plaintiff; in
failing to properly maintain and/or repair said defective, dangerous, hazardous and trap-like
condition; and in other ways acting in a negligent careless and reckless manner with regard to said
sidewalk; in failing to hire, furnish provide and competent, capable, experienced, trained
employ
and diligent personnel to properly and adequately supervise, manage, repair and maintain said
walkway and in violating those codes, ordinances, rules and regulations in such cases made and
provided for.
41. That the aforesaid occurrence was due solely by reason of the negligence of the
defendent and through no fault or lack of care on the part of the plaintiff contributing thereto.
42. That by reason of the aforesaid occurrence, plaintiff, RANDOLPH GALLER,
sustained serious and severe personal injuries; a severe shock to the nervous system; suffered great
physical pain and mental anguish; was confined to bed and home and caused to abstain from usual
duties and activities; was forced to seek medical aid and attention and to expend divers sums of
money for same, in an endesver to be healed and cured of said injuries, which may be permanent and
lasting.
43. This action falls within one or more of the exceptions set forth in Section 1602 of
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the Civil Practice Law and Rules.
defendants'
44. Due to negligence, plaintiff is entitled to damages.
WHEREFORE, the plaintiff demands judgment in awarding damages, in an amount
exceeding the monetary jurisdictional limits of all lower courts which would otherwise have
jurisdiction, together with interest and the costs and disbursements ofthis action, and such other and
further relief as to this Court seems just and proper.
Dated: New York, New York
August 22, 2019
STEVEN C. N EMBER, ESQ.
RAPHAELS N & LEVINE LAW FIRM, P.C.
Attorneys fo laintiff
Pennsylvania Building
14 Penn Plaza, Suite 1718
New York, New York 10122
(212) 268-3222
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
RANDOLPH GALLER,
INDEX NO.
Plaintiff,
ATTORNEY'S
-against- VERIFICATION
GILMAN MANAGEMENT CORPORATION
and NASSAU WINDSOR CO.,
Defendants.
Steven C. November, Esq., an attorney duly admitted to practice law in the State of New
York, makes the following affirmation under the penalty of perjury:
I am of the firm of RAHAELSON & LEVINE LAW FIRM, P.C., the attorneys of records
for plaintiff.
I have read the foregoing Complaint and know the contents thereof; the same is true to my
own knowledge except as to the matters therein stated to be alleged on information and belief and
that as to those matters, I believe them to be true.
This verification is made by affirmant and not by plaintiff because she is not in the County
of New York, which is the County where your affirmant maintains offices.
The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
are correspondence had with the said plaintiff, information contained in the said plaintiffs file,
which is in affirmant's possession, and other pertinent data relating thereto.
Dated: New York, New York
August 22, 2019
By: Steven C ovember, Esq.
RAPHAEL ON & LEVINE LAW FIRM, P.C.
Attorneys f Plaintiff
Pennsylvania Building
14 Penn Plaza, Suite 1718
New York, New York 10122
(212) 268-3222
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Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
...__.......---_____.-----_____-.. .______..------ ---______________
RANDOLPH GALLER,
Plaintiff,
-against-
GILMAN MANAGEMENT CORPORATION
and NASSAU WINDSOR CO.,
Defendants.
--.....________.----..----------------.--......................----
SUMMONS and VERIFIED COMPLAINT
------......................................................------
RAPHAELSON & LEVINE LAW FIRM, P.C.
Attorneys for Plaintiff
Pennsylvania Building
14 Penn Plaza, Suite 1718
New York, New York 10122
(212) 268-3222
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Preview
FILED: NASSAU COUNTY CLERK 08/22/2019 11:44 AM INDEX NO. 611584/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 SUPREME COURT OF THE STATE OF NEW YORK Filed: COUNTY OF NASSAU INDEX NO.: RANDOLPH GALLER, Plaintiff designates Nassau County as the place of trial. Plaintiff, S U M M O N S -against- The basis of venue is GILMAN MANAGEMENT CORPORATION and NASSAU WINDSOR CO., Plaintiff's residence: 55 Windsor Avenue Defendants. Rockville Centre, New York To the above named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiffs attorneys within 20 days after the service of this summons, exclusive of the day of service of this summons, or within 30 days after service of this summons is complete, if this summons is not personally delivered to you within the State of New York. In case of your failure to answer this summons, a judgment by default will be taken against you for the relief demanded in the complaint, together with the costs of this action. Dated: New York, New York August 22, 2019 STEVEN C. NO EMBER, ESQ. RAPHAELSO & LEVINE LAW FIRM, P.C. Attorneys for laintiff Pennsylvania Building 14 Penn Plaza, Suite 1718 New York, New York 10122 (212) 268-3222 DEFENDANTS: GILMAN MANAGEMENT CORPORATION 55 Watermill Lane, Suite 100 Great Neck, New York 11021 NASSAU WINDSOR CO. 40 Randall Avenue, Freeport, New York 11520 1 of 10 FILED: NASSAU COUNTY CLERK 08/22/2019 11:44 AM INDEX NO. 611584/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU INDEX NO. RANDOLPH GALLER, Plaintiff, VERIFIED COMPLAINT -against- GILMAN MANAGEMENT CORPORATION and NASSAU WINDSOR CO., Defendants. Plaintiff, by his attorneys, RAPHAELSON & LEVINE LAW FIRM, P.C., as and for his Verified Compl:int, respectfully alleges, upon information and belief: 1. The plaintiff, RANDOLPH GALLER, at all times herein mentioned was and still is a resident of the County of Nassau, City and the State of New York. 2. That at all times herein mentioned, defendant, GILMAN MANAGEMENT CORPORATION, is a duly organized domestic business corporation, existing under and by virtue of the laws of the State of New York. 3. That at all times herein mentioned, defendant GILMAN MANAGEMENT CORPORATION, is a duly organized foreign business corporation, existing under and by virtue of the laws of the State of New York. 4. That at all times herein mentioned, defendant, GILMAN MANAGEMENT CORPORATION, conducted and carried on business in the County ofNãssau and the State ofNew York. 5. That at all times herein mentioned, defendant, NASSAU WINDSOR CO., is a duly organized domestic business corporation, existing under and by virtue of the laws of the State of New York. 6. That at all times herein mentioned, defendant, NASSAU WINDSOR CO., is a duly organized foreign business corporation, existing under and by virtue of the laws of the State of New York. 2 of 10 FILED: NASSAU COUNTY CLERK 08/22/2019 11:44 AM INDEX NO. 611584/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 7. That at all times herein mentioned, defendant, NASSAU WINDSOR CO., coñdüctod and carried on business in the County of Nassau and the State of New York. 8. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT CORPORATION, owned the internal walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 9. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT CORPORATION, leased the internal walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 10. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT CORPORATION, was the lessee of the internal walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 11. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT CORPORATION, was the lessor of the internal walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County of Nassaü and State of New York. 12. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT CORPORATION, defendant's servants, agents and/or employees operated the aforesaid internal walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 13. That at all times herein mentioned, the defendant GILMAN MANAGEMENT CORPORATION, defendant'sservants, agents and/or employees maintained the aforesaid internal walkwãÿs located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 14. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT CORPORATION, defandant'sservants, agents and/or employees managed the aforesaid internal walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 15. That at all times herein mentioned, the defendant GILMAN MANAGEMENT 2 3 of 10 FILED: NASSAU COUNTY CLERK 08/22/2019 11:44 AM INDEX NO. 611584/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 CORPORATION, defendant's servants, agents and/or employees controlled the aforesaid internal walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 16. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT CORPORATION, its agents, servants and/or employees constructed the aforesaid internal walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 17. That at all times herein mentioned, the def-dant GILMAN MANAGEMENT CORPORATION, defendant's servants, agents and/or employees supervised the aforesaid internal walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 18. That at all times herein mentioned, the defeñdañt, GILMAN MANAGEMENT CORPORATION, defendant's servants, agents and/or employees repaired the aforesaid internal walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 19. That at all times herein mentioned, the defendant GILMAN MANAGEMENT CORPORATION, defendant's servants, agents and/or employees inspected the aforesaid internal walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, in the County of Nassãü and State of New York. 20. That at all times herein mentioned, the defendant, GIIMAN MANAGEMENT CORPORATION, managed the premises located at 55 Windsor Avenue, Rockville Centre, pursuant to a written agreement with NASSAU WINDSOR CO. 21. That at all times herein mentioned, the defendant, GILMAN MANAGEMENT CORPORATION, managed the premises located at 55 Windsor Avenue, Rockville Centre, pursuant to a oral agreement with NASSAU WINDSOR CO. 22. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO., owned the internal walkways located in the courtyard in front of 55 Windsor Avenue, Rockville Centre, 3 4 of 10 FILED: NASSAU COUNTY CLERK 08/22/2019 11:44 AM INDEX NO. 611584/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 in the County of Nassau and State of New York. 23. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO., owned the premises located at 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 24. That at all times herein mentioned, the defendant NASSAU WINDSOR CO., owned the premises located at 55 Windsor Avenue, Rockville Centre, including the courtyard and walkways therein, in the County of Nassau and State of New York. 25. That at all times herein meñticñed, the defendant NASSAU WINDSOR CO., leased the internal walkways located in front of 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 26. That at all times herein mentioned, the defendant NASSAU WINDSOR CO., was the lessee of the internal walkways located at 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 27. That at all times herein mentioned, the defendant NASSAU WINDSOR CO., was the lessor of the internal walkways located at 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 28. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO., defendant's servants, agents and/or employees operated the aforesaid internal walkways located at 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 29. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO., defendant's servants, agents and/or employees main±ªined the aforesaid internal wãlkways located at 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 30. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO., defeñdañt's servants, agents and/or employees m=q;ed the aforesaid internal walkways located at 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. . 31. That at all times herein mentieñed, the defendant, NASSAU WINDSOR CO., daSnd==+'s servants, agents and/or employees controlled the aforesaid internal walkways located at 4 5 of 10 FILED: NASSAU COUNTY CLERK 08/22/2019 11:44 AM INDEX NO. 611584/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 32. That at all times herein -hned, the defendant, NASSAU WINDSOR CO., its agents, servants and/or employees constructed the aforesaid internal walkways located at 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 33. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO., defendant's servants, agents and/or employees supervised the aforesaid internal walkways located at 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 34. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO., defendant's servants, agents and/or employees repaired the aforesaid internal walkways located at 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 35. That at all times herein mentioned, the defendant, NASSAU WINDSOR CO., defendªnt's servants, agents and/or employees inspected the aforesaid internal walkways located at 55 Windsor Avenue, Rockville Centre, in the County of Nassau and State of New York. 36. That at all times hereinafter mentioned, plaintiff was present upon the lawfully aforesaid walkways. 37. That at all times hereinafter mentioned, it was the duty of the defendants and defendants' respective agents, servants and/or employees to manage, maintain, repair, and control the aforesaid walkway in a safe manner for all persons lawfully thereat. 38. That on or about the April 27, 2019, at approximately 9:00 P.M., while the plaintiff was lawfully and properly traversing one of the aforesaid internal walkways in the courtyard and of defendants' premises, he was caused to trip and fall due to the defective, broken, uneven, depressed, raised, cracked, loose and deteriorated walkway which was a defective, dangerous, hazardous and trap like condition existing thereat, and in consequence thereof, said plaintiff sustaiñêd serious and severe personal injuries. 39. That on or about the April 27, 2019, at approximately 9:00 P.M., said defect in the internal walkway in the courtyard of 55 Windsor Avenue, Rockville Centre, was located adjacent to Building A, along the internal walkway, approximately 16 ½ feet away from the public sidewalk 5 6 of 10 FILED: NASSAU COUNTY CLERK 08/22/2019 11:44 AM INDEX NO. 611584/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 along Windsor Avenue. 40. Upon information and belief, defendants, their agents, servants, contractees and/or employees were negligent, careless and reckless in the ownership, operation, maintenance, m:magement, construction, replacement supervision, inspection, control and repair ofthe aforesaid internal walkway in that the said walkway was caused, permitted and allowed to be, become and remain broken, cracked, uneven, depressed, raised, loose, jagged, defective, dangerous, hazardous for a long and/or unreasonable length of time. Dafandants were further negligent, careless and reckless in failing to warn individuals of the above mentioñéd defective, dangerous, hazardous condition; in failing to properly light the aforesaid area so that it was not dangerous for persons lawfully traversing the area; in failing to take any steps, precautions and safeguards to keep the walkway in a reasonably safe and suitable condition; in failing to place barricades or erect signs with warnings to persons lawfully proceeding upon said walkway, more particularly, this plaintiff; in failing to properly maintain and/or repair said defective, dangerous, hazardous and trap-like condition; and in other ways acting in a negligent careless and reckless manner with regard to said sidewalk; in failing to hire, furnish provide and competent, capable, experienced, trained employ and diligent personnel to properly and adequately supervise, manage, repair and maintain said walkway and in violating those codes, ordinances, rules and regulations in such cases made and provided for. 41. That the aforesaid occurrence was due solely by reason of the negligence of the defendent and through no fault or lack of care on the part of the plaintiff contributing thereto. 42. That by reason of the aforesaid occurrence, plaintiff, RANDOLPH GALLER, sustained serious and severe personal injuries; a severe shock to the nervous system; suffered great physical pain and mental anguish; was confined to bed and home and caused to abstain from usual duties and activities; was forced to seek medical aid and attention and to expend divers sums of money for same, in an endesver to be healed and cured of said injuries, which may be permanent and lasting. 43. This action falls within one or more of the exceptions set forth in Section 1602 of 6 7 of 10 FILED: NASSAU COUNTY CLERK 08/22/2019 11:44 AM INDEX NO. 611584/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 the Civil Practice Law and Rules. defendants' 44. Due to negligence, plaintiff is entitled to damages. WHEREFORE, the plaintiff demands judgment in awarding damages, in an amount exceeding the monetary jurisdictional limits of all lower courts which would otherwise have jurisdiction, together with interest and the costs and disbursements ofthis action, and such other and further relief as to this Court seems just and proper. Dated: New York, New York August 22, 2019 STEVEN C. N EMBER, ESQ. RAPHAELS N & LEVINE LAW FIRM, P.C. Attorneys fo laintiff Pennsylvania Building 14 Penn Plaza, Suite 1718 New York, New York 10122 (212) 268-3222 7 8 of 10 FILED: NASSAU COUNTY CLERK 08/22/2019 11:44 AM INDEX NO. 611584/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RANDOLPH GALLER, INDEX NO. Plaintiff, ATTORNEY'S -against- VERIFICATION GILMAN MANAGEMENT CORPORATION and NASSAU WINDSOR CO., Defendants. Steven C. November, Esq., an attorney duly admitted to practice law in the State of New York, makes the following affirmation under the penalty of perjury: I am of the firm of RAHAELSON & LEVINE LAW FIRM, P.C., the attorneys of records for plaintiff. I have read the foregoing Complaint and know the contents thereof; the same is true to my own knowledge except as to the matters therein stated to be alleged on information and belief and that as to those matters, I believe them to be true. This verification is made by affirmant and not by plaintiff because she is not in the County of New York, which is the County where your affirmant maintains offices. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are correspondence had with the said plaintiff, information contained in the said plaintiffs file, which is in affirmant's possession, and other pertinent data relating thereto. Dated: New York, New York August 22, 2019 By: Steven C ovember, Esq. RAPHAEL ON & LEVINE LAW FIRM, P.C. Attorneys f Plaintiff Pennsylvania Building 14 Penn Plaza, Suite 1718 New York, New York 10122 (212) 268-3222 9 of 10 FILED: NASSAU COUNTY CLERK 08/22/2019 11:44 AM INDEX NO. 611584/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/22/2019 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ...__.......---_____.-----_____-.. .______..------ ---______________ RANDOLPH GALLER, Plaintiff, -against- GILMAN MANAGEMENT CORPORATION and NASSAU WINDSOR CO., Defendants. --.....________.----..----------------.--......................---- SUMMONS and VERIFIED COMPLAINT ------......................................................------ RAPHAELSON & LEVINE LAW FIRM, P.C. Attorneys for Plaintiff Pennsylvania Building 14 Penn Plaza, Suite 1718 New York, New York 10122 (212) 268-3222 10 of 10