Preview
FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OE ORANGE
..------ ----------- --------------------------------X
REYNA CARRASCO OCHOA, Index No.:
Date Purchased:
Plaintiff,
SUMMONS
-against-
The basis of venue is
SACRED HEART ST. FRANCIS CHURCH f/k/a situs of the accident
ST. FRANCIS CHURCH,
SAN MIGUEL ACADEMY OFNEWBURGH, Primary Defendant's address
and CITY OF NEWBURGH, 301 Ann Street, Newburgh,
New York 12550
Defendants. County of Orange
-- --- --
-X
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 service (or within 30 days after the service is complete if this
summons is not pemonally 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 complaint
Dated: New Paltz, New York
January 12, 2021
SCHNEIDER LAW OFFICES, PLLC
By ryan G; Schneider, Esq.
Attorneys for Plaintiff
243 Main Street - Suite 250
New Paltz, NY 12561
419-2354
(845)
(Summons continued on next page)
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Defendants'
addresses:-
SACRED HEART ST FRANCIS CHURCH
f/k/a ST FRANCIS CHURCH
301 Ann Street
Newburgh, NY 12550
SAN MIGUEL ACADEMY OF NEWBURGH
245 Renwick Street
Newburgh, NY 12550
CITY OF NEWBURGH
City Clerk's Office
.83 Broadway
Newburgh, NY 12550
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
------------------ X
REYNA CARRASCO OCHOA,
Index No.:
Plaintiff,
VERIFIED
-against- . COMPLAINT
SACRED HEART ST, FRANCIS CHURCH
f/k/a-ST. FRANCIS CHURCH, SAN MIGUEL
ACADEMY OF NEWBURGH and CITY OF
NEWBURGH,
Defendants.
---------------------
X
Plaintiff, by and through her attorneys, SCHNEIDER LAW OFFICE, PLLC, as and for
her Verified Complaint, herein alleges, upon information and belief the following:
AS AND FOR THE FIRST CAUSE OF ACTION
1. At alltimes hereinaller mentioned, Plaintiff was and is a resident of the County of
Orange, State of New York.
2. Upon information and belief, at alltimes hereinafter mentioned, Defendant
SACRED HEART ST. FRANCIS CHURCH f/k/a ST. FRANCIS CHURCH, was and remains a
domestic religious corporation, organized and existing under the laws of the State of New York.
3. Upon information and belief, at all times hereinafter mentioned, Defendant
SACRED HEART ST, FRANCIS CHURCH f/k/a ST. FRANCIS CHURCH was and remains a
religious organization authorized to do business in the State of New York.
4. Upon information and belief, at all times hereinafter mentioned, Defendant
SACRED HEART ST, FRANCIS CHURCH f/k/a ST. FRANCIS CHURCH owned the property
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located at 245 Renwick Street, City of Newburgh, County of Orange, State of New York (the
"Premises").
5. Upon information and belief, at all times hereinafter mentioned, Defendant.
SACRED HEART ST, FRANCIS CHURCH f/k/a ST. FRANCIS CHURCH operated the
Premises.
6. Upon information and belief, at all times hereinafter mentioned, Defendant.
SACRED HEART ST. FRANCIS CHURCH f/k/a ST; FRANCIS CHURCH managed the
Premises.
7,. Upon information and belief, at alltimes hereinafter mentioned, Defendant
SACRED HEART ST. FRANCIS CHURCH f/k/a ST. FRANCIS CHURCH maintained the
Premises.
8. Upon information and belief, at alltimes herelnafter mentioned, Defendant
SACRED HEART ST. FRANCIS CHURCH f/k/a ST. FRANCIS CHURCH controlled the
Premises.
9 Upon information and belief, on December 4, 2019, at approximately 7:40 A.M.,
Plaintiff, REYNÃ CARRASCO OCHOA was lawfully walking on the sidewalk abutting and
adjacent to the Premises (the "Accident Location") when she was caused to slip, trip and fall,
sustaining serious3 severe, and permanent injuries.
10. Upon information and belief, the.accident and injuries alleged herein were caused
by the negligent,.wanton, reckless and careless acts of the Defendants, their officers, agents,
servants and/or employees herein.without any negligence on the part of the Plaintiff contributing
thereto.
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11, Upon information and belief, at all times hereinafter mentioned, Defendants their
agents,.servants and/or employees, owned, leased, maintained, managed, operated and controlled
the premises and Accident Location and/or property abutting same and therefore, were
chargeable with the duty of safely maintaining, managing, operating, repairing and controlling
the premises and Accident Location and failed to do so.
12. Upon information and belief, the injuries to Plaintiff, REYNA CARRASCO
OCHOA were caused by the negligence of the Defendant, their agents, servants and/or
employees in, among other things, causing and creating dangerous and defective conditions at
the Accident Location; in failing to warn or apprise the Plaintiff of the danger to her person.as a
result of the dangerous and defective conditions at the Accident Location; in failing to take any
remedial action to correct the dangerous conditions or to prevent the happening of the accident‡
in failing to maintain the Accident Location;.in the Accident
adequately negligently maintaining
Location; in failing to adequately maintain the sidewalk at the Accident Location; in negligently
maintaining the sidewalk at the Accident Location; in failing to remove snow and ice at the
Accident Location; in negligently removing snow and ice at the Accident Location; in failing to
inspect the Accident Location for black ice; in negligently inspecting the Accident Location for
black ice; in failing to place cones, caution signs, or other devices to warn people of the
dangerous conditions at the Accident Location; in negligently applying deicing materials at the
Accident Location;.in failing to apply deicing materials at the Accident Location; and in that the
Defendant, its agents, servants, and employees violated those applicable statutes, rules,
regulations, ordinances, and codes of the City of Newburgh, County of Orange, and State ofNew
York in force and effect at the time of Plaintiff's accident.
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13. Defendants, their agents, servants and/or employees knew or had notice of the
dangerous and defective conditions and said conditions existed for a sufficient length of time
prior to the accident such that, in the exercise of due and reasonable care, Defendants could have
or should have had knowledge and notice thereof. Alternatively, Defendants caused, created and
contributed to the formation of these dangerous; defective and recurring hazardous conditions,
thereby obviating Plaintiff's burden to prove Defendants had notice of same.
14, As a result of the accident, Plaintiff REYNA CARRASCO OCHOA suffered
severe, painful, permanent; and debilitating injuries which caused her to seek medical treatment
in order to try and/or cure some of those injuries resulting in substantial monetary expense.
15. Plaintiff REYNA CARRASCO OCHOA was injured at the Accident Location as
a result of the negligence of the Defendants, their agents, servants and/or employees without any
negligence on her part contributing thereto.
16 On February 12, 2020, Plaintiff served a Notice of Claim on Defendant CITY OF
NEWBURGH City Clerk's Office, said Notice of Claim having been served wlthin the statutory
time period for the service of a Notice of Claim,
17. On December 9, 2020, a 50-h heariñg was held. At least thirty (30) days have
elapsed since such 50-h hearing without.payment or adjustment of such claim and adjustment or
payment thereof has been rejected or refused.
18. For the foregoing reasons, Plaintiff demands judgment against Defendant
SACRED HEART ST FRANCIS CHURCH F/K/A ST FRANCIS CHURCH in an amount that
exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction
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19. For the foregoing reasons, Plaintiff demands judgment against Defendants, jointly
and severally in an amount that exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction.
AS AND FOR THE SECOND CAUSE OF ACTION
20.. Plaintiffs repeat, reiterate and reallege each and every allegation contained in
"1"
paragraphs through "19", inclusive, with the same force and effect as though set forth herein
at length.
21. Upon information and belief, at alltimes hereinafter mentioned, Defendant SAN
MIGUEL ACADEMY OF NEWBURGH, was and remains an educational corporation,
organized and existing under the laws of the State of New York.
22. Upon information and belief, at all times hereinafter mentioned, Defendant SÀN
MIGUEL ACADEMY OF NEWBURGH leased the property at 245 Renwick Street, Newburgh,
County of Orange, State of New York (the "Premises").
23. Upon information and belief, at all times hereinafter mentioned, Defendant SAN
MIGUEL ACADEMY OF NEWBURGH operated the Premises.
24. Upon information and belief, at all times hereinafter mentioned, Defendant SAN
MIGUEL ACADEMY OF NEWBURGH managed the Premises.
25. Upon information and belief, at all times hereinafter mentioned,.Defendant SAN
MIGUELACADElWY OF NEWBURGH maintained the Premises.
26. Upon information and belief, at all times hereinafter mentioned, Defendant SAN
MIGUEL ÅCADEMY OF NEWBURGH controlled the Premises.
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27; Upon information and belief; on December 4, 2019, at approximately.7:40 A.M.,
Plaintiff, REYNA CARRASCO OCHOA was lawfully walking on the sidewalk at the Accident
Location, when she was caused to slip, tripand fall,sustaining serious, severe, and permanent
injuries..
28.. Upon information and belief, the accident and injuries alleged herein were caused
by the negligent, wanton, reckless and careless acts of the Defendants, their officers, agents,
servants and/or employees herein without any negligence. on thepart of the Plaintiff contributing
thereto.
29. Upon information and belief, at alltimes hereinafter mentioned, Defendants their
agents, servants and/or employees, owned, leased, maintained, managed, operated and controlled
the premises, Accident Location and/or property abutting same and therefore, were chargeable
with the duty of safely maintaining, managing, operating, repairing and controlling the premises
and Accident Location and failed.to do so.
30. Upon information and belief, the injuries to Plaintiff, REYNA CARRASCO
OCHOA were caused by the negligence of the Defendant, their agents, servants and/or
employees in, among other things, causing and creating dangerous and defective conditions at
the Accident Location in failing to warn or apprise the Plaintiff of the danger to her person as a
result of the dangerous and defective conditions at the Accident Location; in failing to take any
remedial action to correct the dangerous conditions or to prevent the happening of the accident;
in failing to adequately maintain the Accident in negligently maintaining the Accident
Location;
Location; in failing to adequately maintain the sidewalk at the Accident Location; in negligently
maintaining the sidewalk at the Accident Location; in failing to remove snow and ice at the
Accident Location; in negligently removing snow and ice at the Accident Location; in to
failing
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inspect the Accident Location for black ice; in negligently inspecting the Accident Location for
black ice; in failing to place cones, caution signs, or other devices to warn people of the
dangerous conditions at the Accident Location; in negligently applying deicing materials at the
Accident Location; in failing to apply deicing materials at the Accident Location; and in that the
Defendant, its agents, servants, and employees violated those applicable statutes, rules,
regulations, ordinances, and codes of the City of Newburgh, County of Orange, and State of New
York in force and effect at the tine of Plaintiff's accident
31. Defendants, their agents, servants and/or employees knew or had notice of the
I dangerous and defective conditions and said conditions existed for a sufficient length of time
prior fo the accident such that, in the exercise of due and reasonable care, Defendants could have
or should have had knowledge and notice thereof. Alternatively, Defendants caused, created and
contributed to the formation of these dangerous, defective and recurring hazardous conditions,
thereby obviating Plaintiff's burden to prove Defendants had notice of same.
32. As a result of the accident, Plaintiff REYNA CÃRRASCO OCHOÂ suffered
severe, painful, permanent, and debilitating injuries which caused her to seek medical treatraent
in order to try and/or cure some of those injuries resulting in substantial monetary expense.
33. Plaintiff REYNA CARRASCO OCHOA was injured at the Accident Location as
a result of the negligence of the Defendants, their agents, servants and/or employees without any
negligence on her part contributing thereto.
34. For the foregoing reasons, Plaintiff demands judgment against Defendant SAN
MIGUEL ACADEMY OF NEWBURGH in an amount that exceeds the jurisdictional limits of
all lower courts wliich would otherwise have jurisdiction.
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35. For the foregoing reasons, Plaintiff demands judgment against Defendants, jointly
and severally, in an amount that exceeds the jurisdictional limits of all lower courts which would
otherwise have jurisdiction.
AS AND FOR THE THIRD CAUSE OF ACTION
36. Plaintiffs repeat, reiterate and reallege each and every allegation contained in
"1"
paragraphs through "35", inclusive, with the same force and effect as though set forth herein
at length.
37. Upon information and belief, at alltimes hereinafter mentioned, Defendant CITY
OF NEWBURGH is a municipality organized under the laws of the State of New York.
38s Upon information and belief, at alltimes hereinafter mentioned, Defendant CITY
OF NEWBURGH owned, operated, managed, maintained and controlled the sidewalk at the
Accident Location.
39. Upon information and belief, on December 4, 2019, at approximately 7:40 A.M.,
Plaintiff, REYNA CARRASCO OCHOA was lawfully walking on the sidewalic at tle Accident
Location, when she was caused to slip, trip and fall, sustaining serious, severe, and permanent
injuries.
40. Upon information and belief, the accident and injuries alleged herein were caused
by the negligent, wanton, reckless and careless acts of the Defendants, their officers, agents,
servants and/or employees herein without any negligence on the part.of the Plaintiff contributing
thereto.
41. Upon information and belief, at all times hereinafter mentioned, Defendants their
agents, servants and/or employees, owned, leased, maintained, managed, operated and controlled
the Accident Location and/or property abutting same and therefore, were chargeable with the
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duty of safely.maintaining, managing, operating repairing and controlling the Accident Location
and failed to do so.
42. Upon information and belief, the injuries to Plaintiff, REYNA CARRASCO
OCHOÅ were caused by the negligence of the Defendants, their agents, servants and/or
employees in, among other things, causing and creating dangerous and defective conditions at
the Accident Location; in falling to warn or apprise the Plaintiff of the danger to her person as a
result of the dangerous and defective conditions at the Accident Location; in failing to take any
remedial action to correct the dangerous conditions or to prevent the happening of the accident;
in failing to adequately maintain the.Accident Location; in negligently maintaining the Accident
Location; in failing to adequately maintain the sidewalk at the Accident Location; in negligently
maintaining the sidewalk at the Accident Location; in failing to remove snow and ice at the
Accident Location; in negligently removing snow and ice at the Accident Location; in failing to
inspect the Accident Location for black ice; in negligently inspecting the Accident Location for
black ice; in.failing to place cones, caution signs, or other devices to warn people of the
dangerous conditions at the Accident Location; in negligently applying deicing materials at the
Accident Location; in failing to apply deicing materials at the Accident Location; and in that the
Defendant, itsagents, servants, and employees violated those applicable statutes, rules,
regulations, ordinances, and codes of the City of Newburgh, County of Orange, and State of New
York in force and effect at the time of Plaintiff's accident.
43. Defendants, their agents, servants and/or employees knew or had notice of the
dangerous and defective conditions and said conditions existed for a sufficient length of time
prior to the accident such that, in the exercise of due and reasonable care, Defendants could have
or should have had knowledge and notice thereof Alternatively, Defendants caused, created and
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contributed to the formation of these dangerous, defective and hazardous conditions,
recurring
thereby obviating Plaintiff's burden to prove Defendants had notice of same.
44. As a resuit of the accident, Plaintiff REYNA CARRASCO OCHOA suffered
severe, painful, permanent, and debilitating injuries which caused her to seek medical treatment
in order to try and/or cure some of those injuries resulting in substantial monetary expense.
45. Plaintlff REYNA CÃRRASCO OCHOA was injured at the Accident Location as
a result of the negligence of the Defendants, their agents, servants and/or employees without any
negligence on her part contributing thereto.
46. On February 12, 2020, Plaintiff served a Notice.of Claim on Defendant CITY OF
NEWBURGH CITY CLERK'S OFFICE and said Notice of Claim having been served within the
statutory time period for the service of a Notice of Claim.
47. For the foregoing reasons, Plaintiff demands judgment against Defendant CITY
OF NEWBURGH in an amount that exceeds the jurisdictional limits of all lower courts which
would otherwise have jurisdiction.
48. On December 9, 2020, a 50-h hearing was held. At least thirty (30) days have
elapsed since such 50-h hearing without payment or adjustment of such claim and adjustment or
payment thereof has been rejected or refused.
49. For the foregoing reasons, Plaintiff demands judgment against Defendânis, jointly
and severally, in an amount that exceeds the jurisdictional limits of alllower courts which would
otherwise have jurisdiction.
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WHEREFORE, Plaintiff deniands judgment.against Defendants, jointly and severally, in
an amount exceeding the monetary jurisdiction of all lesser courts in the State of New York on
each and every cause of action, together with the costs and disbursements of this action and any
other and further relief which this Court may seem just and proper.
Dated: New Paltz, New York
January 12, 2021
SCHNEIDER LAW OFFICES, PLLC
Byi tyan G. Schneider, Esq
Attorney for Plaintiff
243 Main Street - Suite 250
New Paltz, NY 12561
(8.45) 419-2354
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STATE OF NEW YORK )
) ss.:
COUNTY OF ULSTER )
BRYAN G. SCHNEIDER, an attorney admitted to practice in the courts of the State of
New York deposes and says, under penalty of perjury, that:
I am the attorney of records for Plaintiff.
I have read the annexed Complaint, know the contents thereof and the same are true to
my knowledge, except those matters therein which are stated to be alleged upon information and
belief and as to those matters I believe them to be true. My belief as to those matters therein not
stated upon knowledge, is based upon records, reports and investigative material contained in our
file.
The reason I make this verification instead of plaintiff is that plaintiff does not reside in
the county where we maintain our offices.
Dated: New Paltz, New York
January 12, 2021
G. SCHNEIDER
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SUPREME COURT OF THE STATE OF NEW YORIC
COUNTY OF ORANGE
REYNA CARRASCO OCHOA,
Plaintiff,
- against.-
SACRED HEART ST. FRANCIS CHURCH
f/k/a ST. FRANCIS CHURCH, SAN MIGUEL
ACADEMY OF NEWBURGH, and CITY OF
NEWBURGH,
Defendants.
SUMMONS & VERIFIED COMPLAINT
SCHNEIDER LAW OFFICES, PLLC
Attorneys for Phintiff
243 Main Street - Suite 250
New Paltz,-NT 12561
(845) 419-2354
ATTORNEY CERTIFICATION
I, the undersigned, attorneys for the plaintiff(s) herein, hereby certifies that, to the
best of knowledge, information and belief, formed after an reaserebIs under
my inquiry
the circumstances, the presentation of the paper(s) or the contentions therein are legitimate
and its allegations are correct and are not frivolous, as defined in subsection (c) of 22
NYCRR Section 130-1.1.
Dated: January 12, 2021
B G. SCHNEIDER, ESQ.
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Preview
FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OE ORANGE ..------ ----------- --------------------------------X REYNA CARRASCO OCHOA, Index No.: Date Purchased: Plaintiff, SUMMONS -against- The basis of venue is SACRED HEART ST. FRANCIS CHURCH f/k/a situs of the accident ST. FRANCIS CHURCH, SAN MIGUEL ACADEMY OFNEWBURGH, Primary Defendant's address and CITY OF NEWBURGH, 301 Ann Street, Newburgh, New York 12550 Defendants. County of Orange -- --- -- -X 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 service (or within 30 days after the service is complete if this summons is not pemonally 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 complaint Dated: New Paltz, New York January 12, 2021 SCHNEIDER LAW OFFICES, PLLC By ryan G; Schneider, Esq. Attorneys for Plaintiff 243 Main Street - Suite 250 New Paltz, NY 12561 419-2354 (845) (Summons continued on next page) Filedin Orange County 01/12/2021 09:33:57 AM $0.00 Bk: 15143 of 15 Pg: 1101 Index: # EF000236-2021 Clerk:VS FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 Defendants' addresses:- SACRED HEART ST FRANCIS CHURCH f/k/a ST FRANCIS CHURCH 301 Ann Street Newburgh, NY 12550 SAN MIGUEL ACADEMY OF NEWBURGH 245 Renwick Street Newburgh, NY 12550 CITY OF NEWBURGH City Clerk's Office .83 Broadway Newburgh, NY 12550 2 of 15 FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ------------------ X REYNA CARRASCO OCHOA, Index No.: Plaintiff, VERIFIED -against- . COMPLAINT SACRED HEART ST, FRANCIS CHURCH f/k/a-ST. FRANCIS CHURCH, SAN MIGUEL ACADEMY OF NEWBURGH and CITY OF NEWBURGH, Defendants. --------------------- X Plaintiff, by and through her attorneys, SCHNEIDER LAW OFFICE, PLLC, as and for her Verified Complaint, herein alleges, upon information and belief the following: AS AND FOR THE FIRST CAUSE OF ACTION 1. At alltimes hereinaller mentioned, Plaintiff was and is a resident of the County of Orange, State of New York. 2. Upon information and belief, at alltimes hereinafter mentioned, Defendant SACRED HEART ST. FRANCIS CHURCH f/k/a ST. FRANCIS CHURCH, was and remains a domestic religious corporation, organized and existing under the laws of the State of New York. 3. Upon information and belief, at all times hereinafter mentioned, Defendant SACRED HEART ST, FRANCIS CHURCH f/k/a ST. FRANCIS CHURCH was and remains a religious organization authorized to do business in the State of New York. 4. Upon information and belief, at all times hereinafter mentioned, Defendant SACRED HEART ST, FRANCIS CHURCH f/k/a ST. FRANCIS CHURCH owned the property 3 of 15 FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 located at 245 Renwick Street, City of Newburgh, County of Orange, State of New York (the "Premises"). 5. Upon information and belief, at all times hereinafter mentioned, Defendant. SACRED HEART ST, FRANCIS CHURCH f/k/a ST. FRANCIS CHURCH operated the Premises. 6. Upon information and belief, at all times hereinafter mentioned, Defendant. SACRED HEART ST. FRANCIS CHURCH f/k/a ST; FRANCIS CHURCH managed the Premises. 7,. Upon information and belief, at alltimes hereinafter mentioned, Defendant SACRED HEART ST. FRANCIS CHURCH f/k/a ST. FRANCIS CHURCH maintained the Premises. 8. Upon information and belief, at alltimes herelnafter mentioned, Defendant SACRED HEART ST. FRANCIS CHURCH f/k/a ST. FRANCIS CHURCH controlled the Premises. 9 Upon information and belief, on December 4, 2019, at approximately 7:40 A.M., Plaintiff, REYNÃ CARRASCO OCHOA was lawfully walking on the sidewalk abutting and adjacent to the Premises (the "Accident Location") when she was caused to slip, trip and fall, sustaining serious3 severe, and permanent injuries. 10. Upon information and belief, the.accident and injuries alleged herein were caused by the negligent,.wanton, reckless and careless acts of the Defendants, their officers, agents, servants and/or employees herein.without any negligence on the part of the Plaintiff contributing thereto. 4 of 15 FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 11, Upon information and belief, at all times hereinafter mentioned, Defendants their agents,.servants and/or employees, owned, leased, maintained, managed, operated and controlled the premises and Accident Location and/or property abutting same and therefore, were chargeable with the duty of safely maintaining, managing, operating, repairing and controlling the premises and Accident Location and failed to do so. 12. Upon information and belief, the injuries to Plaintiff, REYNA CARRASCO OCHOA were caused by the negligence of the Defendant, their agents, servants and/or employees in, among other things, causing and creating dangerous and defective conditions at the Accident Location; in failing to warn or apprise the Plaintiff of the danger to her person.as a result of the dangerous and defective conditions at the Accident Location; in failing to take any remedial action to correct the dangerous conditions or to prevent the happening of the accident‡ in failing to maintain the Accident Location;.in the Accident adequately negligently maintaining Location; in failing to adequately maintain the sidewalk at the Accident Location; in negligently maintaining the sidewalk at the Accident Location; in failing to remove snow and ice at the Accident Location; in negligently removing snow and ice at the Accident Location; in failing to inspect the Accident Location for black ice; in negligently inspecting the Accident Location for black ice; in failing to place cones, caution signs, or other devices to warn people of the dangerous conditions at the Accident Location; in negligently applying deicing materials at the Accident Location;.in failing to apply deicing materials at the Accident Location; and in that the Defendant, its agents, servants, and employees violated those applicable statutes, rules, regulations, ordinances, and codes of the City of Newburgh, County of Orange, and State ofNew York in force and effect at the time of Plaintiff's accident. 5 of 15 FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 13. Defendants, their agents, servants and/or employees knew or had notice of the dangerous and defective conditions and said conditions existed for a sufficient length of time prior to the accident such that, in the exercise of due and reasonable care, Defendants could have or should have had knowledge and notice thereof. Alternatively, Defendants caused, created and contributed to the formation of these dangerous; defective and recurring hazardous conditions, thereby obviating Plaintiff's burden to prove Defendants had notice of same. 14, As a result of the accident, Plaintiff REYNA CARRASCO OCHOA suffered severe, painful, permanent; and debilitating injuries which caused her to seek medical treatment in order to try and/or cure some of those injuries resulting in substantial monetary expense. 15. Plaintiff REYNA CARRASCO OCHOA was injured at the Accident Location as a result of the negligence of the Defendants, their agents, servants and/or employees without any negligence on her part contributing thereto. 16 On February 12, 2020, Plaintiff served a Notice of Claim on Defendant CITY OF NEWBURGH City Clerk's Office, said Notice of Claim having been served wlthin the statutory time period for the service of a Notice of Claim, 17. On December 9, 2020, a 50-h heariñg was held. At least thirty (30) days have elapsed since such 50-h hearing without.payment or adjustment of such claim and adjustment or payment thereof has been rejected or refused. 18. For the foregoing reasons, Plaintiff demands judgment against Defendant SACRED HEART ST FRANCIS CHURCH F/K/A ST FRANCIS CHURCH in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction 6 of 15 FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 19. For the foregoing reasons, Plaintiff demands judgment against Defendants, jointly and severally in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR THE SECOND CAUSE OF ACTION 20.. Plaintiffs repeat, reiterate and reallege each and every allegation contained in "1" paragraphs through "19", inclusive, with the same force and effect as though set forth herein at length. 21. Upon information and belief, at alltimes hereinafter mentioned, Defendant SAN MIGUEL ACADEMY OF NEWBURGH, was and remains an educational corporation, organized and existing under the laws of the State of New York. 22. Upon information and belief, at all times hereinafter mentioned, Defendant SÀN MIGUEL ACADEMY OF NEWBURGH leased the property at 245 Renwick Street, Newburgh, County of Orange, State of New York (the "Premises"). 23. Upon information and belief, at all times hereinafter mentioned, Defendant SAN MIGUEL ACADEMY OF NEWBURGH operated the Premises. 24. Upon information and belief, at all times hereinafter mentioned, Defendant SAN MIGUEL ACADEMY OF NEWBURGH managed the Premises. 25. Upon information and belief, at all times hereinafter mentioned,.Defendant SAN MIGUELACADElWY OF NEWBURGH maintained the Premises. 26. Upon information and belief, at all times hereinafter mentioned, Defendant SAN MIGUEL ÅCADEMY OF NEWBURGH controlled the Premises. 7 of 15 FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 27; Upon information and belief; on December 4, 2019, at approximately.7:40 A.M., Plaintiff, REYNA CARRASCO OCHOA was lawfully walking on the sidewalk at the Accident Location, when she was caused to slip, tripand fall,sustaining serious, severe, and permanent injuries.. 28.. Upon information and belief, the accident and injuries alleged herein were caused by the negligent, wanton, reckless and careless acts of the Defendants, their officers, agents, servants and/or employees herein without any negligence. on thepart of the Plaintiff contributing thereto. 29. Upon information and belief, at alltimes hereinafter mentioned, Defendants their agents, servants and/or employees, owned, leased, maintained, managed, operated and controlled the premises, Accident Location and/or property abutting same and therefore, were chargeable with the duty of safely maintaining, managing, operating, repairing and controlling the premises and Accident Location and failed.to do so. 30. Upon information and belief, the injuries to Plaintiff, REYNA CARRASCO OCHOA were caused by the negligence of the Defendant, their agents, servants and/or employees in, among other things, causing and creating dangerous and defective conditions at the Accident Location in failing to warn or apprise the Plaintiff of the danger to her person as a result of the dangerous and defective conditions at the Accident Location; in failing to take any remedial action to correct the dangerous conditions or to prevent the happening of the accident; in failing to adequately maintain the Accident in negligently maintaining the Accident Location; Location; in failing to adequately maintain the sidewalk at the Accident Location; in negligently maintaining the sidewalk at the Accident Location; in failing to remove snow and ice at the Accident Location; in negligently removing snow and ice at the Accident Location; in to failing 8 of 15 FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 inspect the Accident Location for black ice; in negligently inspecting the Accident Location for black ice; in failing to place cones, caution signs, or other devices to warn people of the dangerous conditions at the Accident Location; in negligently applying deicing materials at the Accident Location; in failing to apply deicing materials at the Accident Location; and in that the Defendant, its agents, servants, and employees violated those applicable statutes, rules, regulations, ordinances, and codes of the City of Newburgh, County of Orange, and State of New York in force and effect at the tine of Plaintiff's accident 31. Defendants, their agents, servants and/or employees knew or had notice of the I dangerous and defective conditions and said conditions existed for a sufficient length of time prior fo the accident such that, in the exercise of due and reasonable care, Defendants could have or should have had knowledge and notice thereof. Alternatively, Defendants caused, created and contributed to the formation of these dangerous, defective and recurring hazardous conditions, thereby obviating Plaintiff's burden to prove Defendants had notice of same. 32. As a result of the accident, Plaintiff REYNA CÃRRASCO OCHOÂ suffered severe, painful, permanent, and debilitating injuries which caused her to seek medical treatraent in order to try and/or cure some of those injuries resulting in substantial monetary expense. 33. Plaintiff REYNA CARRASCO OCHOA was injured at the Accident Location as a result of the negligence of the Defendants, their agents, servants and/or employees without any negligence on her part contributing thereto. 34. For the foregoing reasons, Plaintiff demands judgment against Defendant SAN MIGUEL ACADEMY OF NEWBURGH in an amount that exceeds the jurisdictional limits of all lower courts wliich would otherwise have jurisdiction. 9 of 15 FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 35. For the foregoing reasons, Plaintiff demands judgment against Defendants, jointly and severally, in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR THE THIRD CAUSE OF ACTION 36. Plaintiffs repeat, reiterate and reallege each and every allegation contained in "1" paragraphs through "35", inclusive, with the same force and effect as though set forth herein at length. 37. Upon information and belief, at alltimes hereinafter mentioned, Defendant CITY OF NEWBURGH is a municipality organized under the laws of the State of New York. 38s Upon information and belief, at alltimes hereinafter mentioned, Defendant CITY OF NEWBURGH owned, operated, managed, maintained and controlled the sidewalk at the Accident Location. 39. Upon information and belief, on December 4, 2019, at approximately 7:40 A.M., Plaintiff, REYNA CARRASCO OCHOA was lawfully walking on the sidewalic at tle Accident Location, when she was caused to slip, trip and fall, sustaining serious, severe, and permanent injuries. 40. Upon information and belief, the accident and injuries alleged herein were caused by the negligent, wanton, reckless and careless acts of the Defendants, their officers, agents, servants and/or employees herein without any negligence on the part.of the Plaintiff contributing thereto. 41. Upon information and belief, at all times hereinafter mentioned, Defendants their agents, servants and/or employees, owned, leased, maintained, managed, operated and controlled the Accident Location and/or property abutting same and therefore, were chargeable with the 10 of 15 FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 duty of safely.maintaining, managing, operating repairing and controlling the Accident Location and failed to do so. 42. Upon information and belief, the injuries to Plaintiff, REYNA CARRASCO OCHOÅ were caused by the negligence of the Defendants, their agents, servants and/or employees in, among other things, causing and creating dangerous and defective conditions at the Accident Location; in falling to warn or apprise the Plaintiff of the danger to her person as a result of the dangerous and defective conditions at the Accident Location; in failing to take any remedial action to correct the dangerous conditions or to prevent the happening of the accident; in failing to adequately maintain the.Accident Location; in negligently maintaining the Accident Location; in failing to adequately maintain the sidewalk at the Accident Location; in negligently maintaining the sidewalk at the Accident Location; in failing to remove snow and ice at the Accident Location; in negligently removing snow and ice at the Accident Location; in failing to inspect the Accident Location for black ice; in negligently inspecting the Accident Location for black ice; in.failing to place cones, caution signs, or other devices to warn people of the dangerous conditions at the Accident Location; in negligently applying deicing materials at the Accident Location; in failing to apply deicing materials at the Accident Location; and in that the Defendant, itsagents, servants, and employees violated those applicable statutes, rules, regulations, ordinances, and codes of the City of Newburgh, County of Orange, and State of New York in force and effect at the time of Plaintiff's accident. 43. Defendants, their agents, servants and/or employees knew or had notice of the dangerous and defective conditions and said conditions existed for a sufficient length of time prior to the accident such that, in the exercise of due and reasonable care, Defendants could have or should have had knowledge and notice thereof Alternatively, Defendants caused, created and 11 of 15 FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 contributed to the formation of these dangerous, defective and hazardous conditions, recurring thereby obviating Plaintiff's burden to prove Defendants had notice of same. 44. As a resuit of the accident, Plaintiff REYNA CARRASCO OCHOA suffered severe, painful, permanent, and debilitating injuries which caused her to seek medical treatment in order to try and/or cure some of those injuries resulting in substantial monetary expense. 45. Plaintlff REYNA CÃRRASCO OCHOA was injured at the Accident Location as a result of the negligence of the Defendants, their agents, servants and/or employees without any negligence on her part contributing thereto. 46. On February 12, 2020, Plaintiff served a Notice.of Claim on Defendant CITY OF NEWBURGH CITY CLERK'S OFFICE and said Notice of Claim having been served within the statutory time period for the service of a Notice of Claim. 47. For the foregoing reasons, Plaintiff demands judgment against Defendant CITY OF NEWBURGH in an amount that exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 48. On December 9, 2020, a 50-h hearing was held. At least thirty (30) days have elapsed since such 50-h hearing without payment or adjustment of such claim and adjustment or payment thereof has been rejected or refused. 49. For the foregoing reasons, Plaintiff demands judgment against Defendânis, jointly and severally, in an amount that exceeds the jurisdictional limits of alllower courts which would otherwise have jurisdiction. 12 of 15 FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 WHEREFORE, Plaintiff deniands judgment.against Defendants, jointly and severally, in an amount exceeding the monetary jurisdiction of all lesser courts in the State of New York on each and every cause of action, together with the costs and disbursements of this action and any other and further relief which this Court may seem just and proper. Dated: New Paltz, New York January 12, 2021 SCHNEIDER LAW OFFICES, PLLC Byi tyan G. Schneider, Esq Attorney for Plaintiff 243 Main Street - Suite 250 New Paltz, NY 12561 (8.45) 419-2354 13 of 15 FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 STATE OF NEW YORK ) ) ss.: COUNTY OF ULSTER ) BRYAN G. SCHNEIDER, an attorney admitted to practice in the courts of the State of New York deposes and says, under penalty of perjury, that: I am the attorney of records for Plaintiff. I have read the annexed Complaint, know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief and as to those matters I believe them to be true. My belief as to those matters therein not stated upon knowledge, is based upon records, reports and investigative material contained in our file. The reason I make this verification instead of plaintiff is that plaintiff does not reside in the county where we maintain our offices. Dated: New Paltz, New York January 12, 2021 G. SCHNEIDER 14 of 15 FILED: ORANGE COUNTY CLERK 01/12/2021 09:33 AM INDEX NO. EF000236-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 SUPREME COURT OF THE STATE OF NEW YORIC COUNTY OF ORANGE REYNA CARRASCO OCHOA, Plaintiff, - against.- SACRED HEART ST. FRANCIS CHURCH f/k/a ST. FRANCIS CHURCH, SAN MIGUEL ACADEMY OF NEWBURGH, and CITY OF NEWBURGH, Defendants. SUMMONS & VERIFIED COMPLAINT SCHNEIDER LAW OFFICES, PLLC Attorneys for Phintiff 243 Main Street - Suite 250 New Paltz,-NT 12561 (845) 419-2354 ATTORNEY CERTIFICATION I, the undersigned, attorneys for the plaintiff(s) herein, hereby certifies that, to the best of knowledge, information and belief, formed after an reaserebIs under my inquiry the circumstances, the presentation of the paper(s) or the contentions therein are legitimate and its allegations are correct and are not frivolous, as defined in subsection (c) of 22 NYCRR Section 130-1.1. Dated: January 12, 2021 B G. SCHNEIDER, ESQ. 15 of 15