Preview
FILED: CLINTON COUNTY CLERK 01/07/2021 02:45 PM INDEX NO. 2021-00020841
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021
STATE OF NEW YORK
Index No.
SUPREME COURT: COUNTY OF CLINTON
Date Purchased:
Plaintiff designates
JAMIE BURDO, Clinton County as the place of trial
Plaintiff, Basis of the venue is residence of plainti f
-against-
SUMMONS
ROYAL DENTAL MANUFACTURING, INC.,
Plaintiff resides at
381 Duquette Road
Defendant. Beekmantown ,NY 12992
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy
of your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearanc†,
on the Plaintiff's Attorney within 20 days after the service of this summons, exclusive of the of
day
service (or within 30 days after the service is complete ifthis summons is not personally delivered to
you within the State of New York); and in the case of your failure to appear or answer, judgment wi 1
be taken against you by default for the relief demanded herein.
Dated: Monday, January 4, 2021
Kingston, New York
R SPA , ESQ.
BASCH & AN, LLP
Attorneys for Plaintiff(s)
Office and P.O. Address
307 Clinton Avenue
P.O. Box 4235
Kingston, New York 12402
Tel: (845) 338-8884
Defendant's address:
Royal Dental Manufacturing, Inc.
12414 Highway 99
Unit 19
Everitt, WA 98204
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FILED: CLINTON COUNTY CLERK 01/07/2021 02:45 PM INDEX NO. 2021-00020841
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021
STATE OF NEW YORK
SUPREME COURT: COUNTY OF CLINTON
JAMIE BURDO,
Plaintiff,
-against-
ROYAL DENTAL MANUFACTURING, INC. ,
Defendant.
COMPLAINT
Index No. 21-
The plaintiff, by and through her attorneys, Basch & Keegan, LLP, complaining of
the defendant, respectfully alleges and shows to the Court the following:
1. That at all times hereinafter alleged, the plaintiff resided in Clinton County,
New York.
2. That at all times hereinafter alleged, the defendant was a foreign corporation
duly organized and existing by virtue of the laws of a state other than New York.
3. That at all times hereinafter alleged, the defendant had an office or principal
place of business located at 12414 Highway 99, Unit 19, Everitt, WA 98204
4. That at all times hereinafter alleged, the defendant designed a certain dental
chair, which is depicted in the photographs attached as Exhibit "A".
5. That at all times hereinafter alleged, the defendant manufactured a certain
dental chair, which is depicted in the photographs attached as Exhibit "A".
6. That at alltimes hereinafter alleged, the defendant marketed a certain dental
chair, which is depicted in the photographs attached as Exhibit "A".
7. That at all times hereinafter alleged, the defendant sold a certain dental chair,
which is depicted in the photographs attached as Exhibit "A".
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FILED: CLINTON COUNTY CLERK 01/07/2021 02:45 PM INDEX NO. 2021-00020841
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021
8. That at all times hereinafter alleged, the defendant distributed a certain dental
chair, which is depicted in the photographs attached as Exhibit "A".
9. That at all times hereinafter alleged, the defendant placed a certain dental chair
within the stream of commerce, which is depicted in the photographs attached as Exhibit
"A''.
10. That said chair, which is depicted in Exhibit "A", was defective.
11. That said chair, which is depicted in Exhibit "A", was defectively designed.
12. That said chair, which is depicted in Exhibit "A", was defectively
manufactured.
13. That said chair, which is depicted in Exhibit "A", was dangerous.
14. That said chair, which is depicted in Exhibit "A", failed to function as
intended.
15. That said chair, which is depicted in Exhibit "A", failed to contain adequate
warnings.
16. That said chair, which is depicted in Exhibit "A", failed while used for
being
its intended purpose.
17. That said chair, which is depicted in Exhibit "A", was dangerous and defective
at the time that it was placed into the stream of commerce by the defendant.
18. That at all times hereinafter alleged, and on October 6, 2020, the
specifically
plaintiff was employed at a dental office located in Plattsburgh, New York.
19. That while in the course of her employment at a dental office located in
Plattsburgh, New York, the plaintiff sustained injuries and damages.
20. That the plaintiff's aforementioned injuries and damages resulted from the
negligence of the defendant.
21. That the defendant is liable for the plaintiff's aforementioned injuries based on
principals of strict product liability.
22. Based on the foregoing, the plaintiff demands judgment against the defendant
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FILED: CLINTON COUNTY CLERK 01/07/2021 02:45 PM INDEX NO. 2021-00020841
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021
in an amount that exceeds the monetary jurisdictional limits of all Courts within the
jurisdiction of the Supreme Court, County of Clinton, State of New York.
WHEREFORE, the plaintiff demands judgment against the defendant in an
amount that exceeds the jurisdictional limits of all Courts within the
monetary
jurisdiction of the Supreme Court, County
of Clinton, State of New York; together with
the costs and disbursements of this action, reasonable attorney's fees or as the law shall
provide at the time of rendition of the verdict.
Dated: January 4, 2021
Kingston, New York
rs, etc.,
. AD , SQ.
BASCH & KEE , LLP
Attorney for Plai1 tiffs
Office and P.O. Address
307 Clinton Avenue
P.O. Box 4235
Kingston, New York 12402
Tel: (845) 338-8884
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Preview
FILED: CLINTON COUNTY CLERK 01/07/2021 02:45 PM INDEX NO. 2021-00020841 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021 STATE OF NEW YORK Index No. SUPREME COURT: COUNTY OF CLINTON Date Purchased: Plaintiff designates JAMIE BURDO, Clinton County as the place of trial Plaintiff, Basis of the venue is residence of plainti f -against- SUMMONS ROYAL DENTAL MANUFACTURING, INC., Plaintiff resides at 381 Duquette Road Defendant. Beekmantown ,NY 12992 YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearanc†, on the Plaintiff's Attorney within 20 days after the service of this summons, exclusive of the of day service (or within 30 days after the service is complete ifthis summons is not personally delivered to you within the State of New York); and in the case of your failure to appear or answer, judgment wi 1 be taken against you by default for the relief demanded herein. Dated: Monday, January 4, 2021 Kingston, New York R SPA , ESQ. BASCH & AN, LLP Attorneys for Plaintiff(s) Office and P.O. Address 307 Clinton Avenue P.O. Box 4235 Kingston, New York 12402 Tel: (845) 338-8884 Defendant's address: Royal Dental Manufacturing, Inc. 12414 Highway 99 Unit 19 Everitt, WA 98204 1 of 4 FILED: CLINTON COUNTY CLERK 01/07/2021 02:45 PM INDEX NO. 2021-00020841 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021 STATE OF NEW YORK SUPREME COURT: COUNTY OF CLINTON JAMIE BURDO, Plaintiff, -against- ROYAL DENTAL MANUFACTURING, INC. , Defendant. COMPLAINT Index No. 21- The plaintiff, by and through her attorneys, Basch & Keegan, LLP, complaining of the defendant, respectfully alleges and shows to the Court the following: 1. That at all times hereinafter alleged, the plaintiff resided in Clinton County, New York. 2. That at all times hereinafter alleged, the defendant was a foreign corporation duly organized and existing by virtue of the laws of a state other than New York. 3. That at all times hereinafter alleged, the defendant had an office or principal place of business located at 12414 Highway 99, Unit 19, Everitt, WA 98204 4. That at all times hereinafter alleged, the defendant designed a certain dental chair, which is depicted in the photographs attached as Exhibit "A". 5. That at all times hereinafter alleged, the defendant manufactured a certain dental chair, which is depicted in the photographs attached as Exhibit "A". 6. That at alltimes hereinafter alleged, the defendant marketed a certain dental chair, which is depicted in the photographs attached as Exhibit "A". 7. That at all times hereinafter alleged, the defendant sold a certain dental chair, which is depicted in the photographs attached as Exhibit "A". 2 of 4 FILED: CLINTON COUNTY CLERK 01/07/2021 02:45 PM INDEX NO. 2021-00020841 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021 8. That at all times hereinafter alleged, the defendant distributed a certain dental chair, which is depicted in the photographs attached as Exhibit "A". 9. That at all times hereinafter alleged, the defendant placed a certain dental chair within the stream of commerce, which is depicted in the photographs attached as Exhibit "A''. 10. That said chair, which is depicted in Exhibit "A", was defective. 11. That said chair, which is depicted in Exhibit "A", was defectively designed. 12. That said chair, which is depicted in Exhibit "A", was defectively manufactured. 13. That said chair, which is depicted in Exhibit "A", was dangerous. 14. That said chair, which is depicted in Exhibit "A", failed to function as intended. 15. That said chair, which is depicted in Exhibit "A", failed to contain adequate warnings. 16. That said chair, which is depicted in Exhibit "A", failed while used for being its intended purpose. 17. That said chair, which is depicted in Exhibit "A", was dangerous and defective at the time that it was placed into the stream of commerce by the defendant. 18. That at all times hereinafter alleged, and on October 6, 2020, the specifically plaintiff was employed at a dental office located in Plattsburgh, New York. 19. That while in the course of her employment at a dental office located in Plattsburgh, New York, the plaintiff sustained injuries and damages. 20. That the plaintiff's aforementioned injuries and damages resulted from the negligence of the defendant. 21. That the defendant is liable for the plaintiff's aforementioned injuries based on principals of strict product liability. 22. Based on the foregoing, the plaintiff demands judgment against the defendant 3 of 4 FILED: CLINTON COUNTY CLERK 01/07/2021 02:45 PM INDEX NO. 2021-00020841 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/07/2021 in an amount that exceeds the monetary jurisdictional limits of all Courts within the jurisdiction of the Supreme Court, County of Clinton, State of New York. WHEREFORE, the plaintiff demands judgment against the defendant in an amount that exceeds the jurisdictional limits of all Courts within the monetary jurisdiction of the Supreme Court, County of Clinton, State of New York; together with the costs and disbursements of this action, reasonable attorney's fees or as the law shall provide at the time of rendition of the verdict. Dated: January 4, 2021 Kingston, New York rs, etc., . AD , SQ. BASCH & KEE , LLP Attorney for Plai1 tiffs Office and P.O. Address 307 Clinton Avenue P.O. Box 4235 Kingston, New York 12402 Tel: (845) 338-8884 4 of 4