Preview
FILED: QUEENS COUNTY CLERK 03/28/2018 01:52 PM INDEX NO. 704695/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2018
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF QUEENS
-----------------------------------------------------x — Plaintiffs designate
JUAN SANCHEZ, QUEENS
County as place of trial
Plaintiff, Theebasis of venuesis
Plaintiffs residence
-against- SUMMONS
SHARON GARCIA and 14 SCOTT GADELL Plaintiff resides at
LLC· 41st Drive
PARTNERS, 5859
Defendants. Queens, New York
------------------------------------------------------x -Oounty of QUEENS
To the above named Defendants
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer, or, if the complaint is not served with this summons, to serve
a notice of appearance, on the Plaintiff(s) Attorney(s) within 20 days after the service of
this summons, exclusive of the day of this service (or within 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 hereim
Dated: Garden City, New York
March 20, 2018
BY: ROBE lERICI
MORICI a d MORICI, L.L.P.
Attorneys for Plaintiff
1399 Franklin Avenue
Defendants'
addresses: Garden City, New York 11530
(516) 873-1902
SHARON GARCIA
16 Scott A. Gadell Place - Apartment 5B
Queens, New York
14 SCOTT GADELL PARTNERS, LLC
P.O. Box 387
Cedarhurst, New York il516
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FILED: QUEENS COUNTY CLERK 03/28/2018 01:52 PM INDEX NO. 704695/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------------------------------------------------X X
JUAN SANCHEZ,
Plaintiff, Index No.:
against-
-.against- WERIFIED GSMPLAINT
SHARON GARCÝA AND 16 SCOTT GADELL
PARTNERS, LLC,
Defendants.
--
---------------------------------------------------X
The plaintiff, by his attorneys MORICI & lMORICIpLLP; complaining
of the
defendants alleges as follows:
1. That the plaintiff is a resident of the County of Queens, State of New
York.
2. That the-defendant, SHARONCARCIA, was ancLstill is a resident-of the>County
of Queens, State of New Yorli.
3. At all times herein mentioned, the defendant, 14 SCOTT GADELL PARTNERS,
LLC, was and stillis a domestic limited liability company organized and existing under and by
virtue ofthe Laws†f the State of New York.
I
4. That on or about January 31, 2017, the defendant, SHARON GARCIA, was a
tenant at Apartment 5B at 16 Scott A. Gadell Place, Queens, New York and owned a Pit Bull
mix dog, and as such was responsible for the supervision, control and restraint of the dog at said
premises.
5. That on or about January 31, 2017, the defendant, 14 SCOTT GADELL
PARTNERS LLC owned the premises located at 16 Scott A. Gadell Place, Queens, New York
2 of 5
FILED: QUEENS COUNTY CLERK 03/28/2018 01:52 PM INDEX NO. 704695/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2018
and as such were responsible for the supervision, maintenance, safety and control of said
property.
6. That on or about January 31, 2017, the defendants allowed the Pit Bull mix dog to
become looseen their property without restraint knowing that the-dog had vicious propensities
7. That on or about January 31, 2017, the defendants failed to manage, maintain,
control, restrain and supervise their premises and dog by allowing said dog to run out of their
plaintiff'
home and attack plaintiff JUAN SANCHEZ.
r
supe<-
8. That on or about January 31, 2017, the defendants negligêñtly supervised,
controlled and maintained their property and the dog and allowed the dog to become loose on the
property where
)')LJVlvplaintiff,) JUAN
.1UAN Lj&I LLJCJ) was
) 'Vl
SANCHEZ, lawfully
lQ'))L4ll)delivering El package
%XV)l) VL IJJQ a
pQVIL+V in
Ll)the
LEJVcourse
VVMIL)V of
VL
his employment.
9. That the defendants knew orshould have knownof the dog's vicious propensities
and should not have permitted the plaintiff, JUAN SANCHEZ to be exposed to said dog.
10. That the defendants owed a duty to care for, to supervise, oversee and control
their property and dog and failed to do so causing plaintiff's injuries.
11. That the defendants were negligent and careless in -"""+-''--::--=their
u".~ and
m£ntdMeg property
dog; in failing to manage their property and dog; in failing to supervise and control their said
property and in allowing said dog to be loose on the property and in general were reckless,
careless, and negligent.
12. That the accident herein andinjuries resulting therefrom were,due to the
negligence of the defendants and without any fault or want of care on the part of the plaintiff
contributing thereto.
13.
13, By reason of the foregoing, plaintiff,
plaintifF, JUAN
JLJAN SANCHEZ, was rendered permanently
!
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FILED: QUEENS COUNTY CLERK 03/28/2018 01:52 PM INDEX NO. 704695/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2018
t
and seriously injured, severely in pain and disabled as a result of said attack. That by reason of the
foregoing, plaintiff, JUAN SANCHEZ, has sustained serious injuries to the body, all of which
cause great pain and suffering on his part.
14. By reason of the foregoing, plaintiff, JUAN $ANGHEZ, was caused to sustain
serious injuries all of which are permanent in nature and was rendered sore, sick, lame
and disabled and said plaintiff was caused to incur hospital, medical and medicinal
expenses and was caused to sustain great pain and suffering, all dna sum in excess of
the jurisdictional limits of the lower Courts of theState of New York, that would otherwise
have jurisdiction over this matter.
WHEREFORE, plaintiff demand judgment against the defendants, in a sum in
excess of the jurisdictional limits. of the lower Courts of the-State of New Yorkv.that would
otherwise have jurisdiction over this matter together with the costs and disbursements of
this action.
Dated: Garden4City, New York
March 20, 2018
I
Y s etc. .
'
ORICI AND RI LLP
BY: ROBER MORICI, ESQ.
Attorneys for Plaintiff
1399 Franklin Avenue
Garden City, New York
(516) &73-1902
873-1902
4 of 5
FILED: QUEENS COUNTY CLERK 03/28/2018 01:52 PM INDEX NO. 704695/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2018
ATTORNÈY VERIFICATION
ROBERT MORICI, an attorney duly licensed to practice law in the Courts of the State
of New York, affirms the following under penalty of perjury:
That she is.an associate of the firm of MORICI & MORICI, LLP., in this action; that
she has read the foregoing COMPLAINT and knows the contents thereof, and that the same is
true to the knowledge of affirmant except as to the matters therein stated to be alleged upon
information and belief, and that as to those matters she believes itto be true:
That the reason why this verification is made by:affirmantend not by the plaintiff is that
the plaintiff is not located in the County of Nassau where affirmant has his office. That the
sources of affirmant's information
uuviuiauvu and the grounds of aiba belief
his usual as to all the matters in
ui said
COMPLAINT alleged upon information and belief are reports from and communications had
with the plaintiff.
DATED: Garden City, New York .
March 20, 2018
OSKRT
OBKRT I I
P
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Preview
FILED: QUEENS COUNTY CLERK 03/28/2018 01:52 PM INDEX NO. 704695/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2018 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF QUEENS -----------------------------------------------------x — Plaintiffs designate JUAN SANCHEZ, QUEENS County as place of trial Plaintiff, Theebasis of venuesis Plaintiffs residence -against- SUMMONS SHARON GARCIA and 14 SCOTT GADELL Plaintiff resides at LLC· 41st Drive PARTNERS, 5859 Defendants. Queens, New York ------------------------------------------------------x -Oounty of QUEENS To the above named Defendants YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff(s) Attorney(s) within 20 days after the service of this summons, exclusive of the day of this service (or within 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 hereim Dated: Garden City, New York March 20, 2018 BY: ROBE lERICI MORICI a d MORICI, L.L.P. Attorneys for Plaintiff 1399 Franklin Avenue Defendants' addresses: Garden City, New York 11530 (516) 873-1902 SHARON GARCIA 16 Scott A. Gadell Place - Apartment 5B Queens, New York 14 SCOTT GADELL PARTNERS, LLC P.O. Box 387 Cedarhurst, New York il516 1 of 5 FILED: QUEENS COUNTY CLERK 03/28/2018 01:52 PM INDEX NO. 704695/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------X X JUAN SANCHEZ, Plaintiff, Index No.: against- -.against- WERIFIED GSMPLAINT SHARON GARCÝA AND 16 SCOTT GADELL PARTNERS, LLC, Defendants. -- ---------------------------------------------------X The plaintiff, by his attorneys MORICI & lMORICIpLLP; complaining of the defendants alleges as follows: 1. That the plaintiff is a resident of the County of Queens, State of New York. 2. That the-defendant, SHARONCARCIA, was ancLstill is a resident-of the>County of Queens, State of New Yorli. 3. At all times herein mentioned, the defendant, 14 SCOTT GADELL PARTNERS, LLC, was and stillis a domestic limited liability company organized and existing under and by virtue ofthe Laws†f the State of New York. I 4. That on or about January 31, 2017, the defendant, SHARON GARCIA, was a tenant at Apartment 5B at 16 Scott A. Gadell Place, Queens, New York and owned a Pit Bull mix dog, and as such was responsible for the supervision, control and restraint of the dog at said premises. 5. That on or about January 31, 2017, the defendant, 14 SCOTT GADELL PARTNERS LLC owned the premises located at 16 Scott A. Gadell Place, Queens, New York 2 of 5 FILED: QUEENS COUNTY CLERK 03/28/2018 01:52 PM INDEX NO. 704695/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2018 and as such were responsible for the supervision, maintenance, safety and control of said property. 6. That on or about January 31, 2017, the defendants allowed the Pit Bull mix dog to become looseen their property without restraint knowing that the-dog had vicious propensities 7. That on or about January 31, 2017, the defendants failed to manage, maintain, control, restrain and supervise their premises and dog by allowing said dog to run out of their plaintiff' home and attack plaintiff JUAN SANCHEZ. r supe<- 8. That on or about January 31, 2017, the defendants negligêñtly supervised, controlled and maintained their property and the dog and allowed the dog to become loose on the property where )')LJVlvplaintiff,) JUAN .1UAN Lj&I LLJCJ) was ) 'Vl SANCHEZ, lawfully lQ'))L4ll)delivering El package %XV)l) VL IJJQ a pQVIL+V in Ll)the LEJVcourse VVMIL)V of VL his employment. 9. That the defendants knew orshould have knownof the dog's vicious propensities and should not have permitted the plaintiff, JUAN SANCHEZ to be exposed to said dog. 10. That the defendants owed a duty to care for, to supervise, oversee and control their property and dog and failed to do so causing plaintiff's injuries. 11. That the defendants were negligent and careless in -"""+-''--::--=their u".~ and m£ntdMeg property dog; in failing to manage their property and dog; in failing to supervise and control their said property and in allowing said dog to be loose on the property and in general were reckless, careless, and negligent. 12. That the accident herein andinjuries resulting therefrom were,due to the negligence of the defendants and without any fault or want of care on the part of the plaintiff contributing thereto. 13. 13, By reason of the foregoing, plaintiff, plaintifF, JUAN JLJAN SANCHEZ, was rendered permanently ! 3 of 5 FILED: QUEENS COUNTY CLERK 03/28/2018 01:52 PM INDEX NO. 704695/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2018 t and seriously injured, severely in pain and disabled as a result of said attack. That by reason of the foregoing, plaintiff, JUAN SANCHEZ, has sustained serious injuries to the body, all of which cause great pain and suffering on his part. 14. By reason of the foregoing, plaintiff, JUAN $ANGHEZ, was caused to sustain serious injuries all of which are permanent in nature and was rendered sore, sick, lame and disabled and said plaintiff was caused to incur hospital, medical and medicinal expenses and was caused to sustain great pain and suffering, all dna sum in excess of the jurisdictional limits of the lower Courts of theState of New York, that would otherwise have jurisdiction over this matter. WHEREFORE, plaintiff demand judgment against the defendants, in a sum in excess of the jurisdictional limits. of the lower Courts of the-State of New Yorkv.that would otherwise have jurisdiction over this matter together with the costs and disbursements of this action. Dated: Garden4City, New York March 20, 2018 I Y s etc. . ' ORICI AND RI LLP BY: ROBER MORICI, ESQ. Attorneys for Plaintiff 1399 Franklin Avenue Garden City, New York (516) &73-1902 873-1902 4 of 5 FILED: QUEENS COUNTY CLERK 03/28/2018 01:52 PM INDEX NO. 704695/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/28/2018 ATTORNÈY VERIFICATION ROBERT MORICI, an attorney duly licensed to practice law in the Courts of the State of New York, affirms the following under penalty of perjury: That she is.an associate of the firm of MORICI & MORICI, LLP., in this action; that she has read the foregoing COMPLAINT and knows the contents thereof, and that the same is true to the knowledge of affirmant except as to the matters therein stated to be alleged upon information and belief, and that as to those matters she believes itto be true: That the reason why this verification is made by:affirmantend not by the plaintiff is that the plaintiff is not located in the County of Nassau where affirmant has his office. That the sources of affirmant's information uuviuiauvu and the grounds of aiba belief his usual as to all the matters in ui said COMPLAINT alleged upon information and belief are reports from and communications had with the plaintiff. DATED: Garden City, New York . March 20, 2018 OSKRT OBKRT I I P 5 of 5