Motion for Writ in Tod Burns v. 1568 Route 17b, Llc, 1568 Route 17b Hospitality Corp.| Trellis.Law

On May 14, 2021 a Complaint,Petition was filed involving a dispute between Tod Burns, and 1568 Route 17B Hospitality Corp., 1568 Route 17B, Llc, for Torts - Other Negligence (Trip and Fall) in the District Court of Sullivan County.

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FILED: SULLIVAN COUNTY CLERK 05/14/2021 01:46 PM INDEX NO. E2021-793
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2021

Date of Filing: 05/14/2021
E2021-793

Plaintiff designates
Sullivan County
as the place of trial.

The basis of venue is the
Plaintiff's residence address.

Plaintiff resides in

Monticello, NY 12701
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
______ -------------------- -----X
TOD BURNS,

Plaintiff,
SUMMONS
-against-

1568 ROUTE 17B, LLC and 1568 ROUTE 17B
HOSPITALITY CORP.,

Defendants.
_______________________________________________ _________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, ifthe complaint is not served with this summons, to

serve a notice of on the plaintiff's attorneys within - 20- days after the
appearance,
service of this summons, exclusive of the day of 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 in the complaint.
SOBO & SOBO, LLP

MELANIE-ANN C. DELANCEY, ESQ.

Attorneys for Plaintiff

One Dolson Avenue

Middletown, NY 10940

(845) 343-7626

Dated: May 14, 2021

Middletown, New York
Defendants'
addresses: See Complaint

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FILED: SULLIVAN COUNTY CLERK 05/14/2021 01:46 PM INDEX NO. E2021-793
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
----------- ------ ---------------X
TOD BURNS,
Plaintiff, VERIFIED COMPLAINT

-against-

Index No.: 21-793

1568 ROUTE 17B, LLC and 1568 ROUTE 17B
HOSPITALITY CORP.,

Defendants.
----------------------------------- -- -----------X

Plaintiff, TOD BURNS, by his attorneys, SOBO & SOBO, L.L.P., as and for the Verified

Complaint, herein alleges the following:

1. That at all times hercinafter mentioned, the Plaintiff was and stillis a resident of the

County of Sullivan, State of New York.

2. That at all times hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B, LLC, was and still is a domestic corporation organized and existing under and

by virtue of the Laws of the State of New York.

3. That at all times hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B, LLC, was and stillis a foreign corporation duly authorized to do business

within the State of New York.

4. That at all times hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B, LLC, was and stillis a business entity doing business within the State of New

York.

5. That at all times hereinaRer mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B HOSPITALITY CORP, was and still is a domestic corporation organized and

existing under and by virtue of the Laws of the State of New York.

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6. That at all times hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B HOSPITALITY CORP, was and stillis a foreign corporation duly authorized

to do business within the State of New York.

7. That at all times hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B HOSPITALITY CORP, was and stillis a business entity doing business within

the State of New York.

8. That at all times hereinafter mentioned, upon information and belief, the Defendañt,

1568 ROUTE 17B, LLC, was the owner of a certain premises located at 1568 NY-17B, White

Restaurant."
Lake, County of Sullivan, State of New York, known as "Off the Hook

9. That at all times herciñafter mentioned, upon information and belief, the Defcñdañt,

1568 ROUTE 17B, LLC, maintained the aforesaid premises.

10. That at all times hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B, LLC, managed the aforesaid premises.

11. That at all times hereinafter mentioned, upon information and belief, the Defeñdant,

1568 ROUTE 17B, LLC, controlled the aforesaid premises.

12. That at all times hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B, LLC, operated the aforesaid premises.

13. That at all times hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B, LLC, was the lessee of the aforesaid premises.

14. That at all times hereinafter menticñed, upon information and belief, the Defedant,

1568 ROUTE 17B, LLC, was the lessor of the aforesaid premises.

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15. That at alltimes herciñafter mentioned, upon informatian and belief, the Defendant,

1568 ROUTE 17B, LLC, was the owner of the exit ramp located at 1568 NY-17B, White Lake,

County of Sullivan, State of New York.

16. That at all times hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B, LLC, maintained the aforesaid walkway.

17. That at all times hereinafter mentioned, upon information and belief, the Defedant,

1568 ROUTE 17B, LLC, managed the aforesaid walkway.

18. That at all times hereinafter mentioned, upon information and belief, the Defêñdañt,

1568 ROUTE 17B, LLC, controlled the aforesaid walkway.

19. That at all times hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B, LLC, operated the aforesaid walkway.

20. That at all times hereinaRer mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B, LLC, was the lessee of the aforesaid walkway.

21. That at all times hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B, LLC, was the lessor of the aforesaid walkway.

22. That at all times hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B HOSPITALITY CORP, was the owner of a certaiñ premises located at 1568

NY-17B, White Lake, County of Sullivan, State of New York., known as "Off The Hook

Restaurant."

23. That at alltimes hereinafter mentioned, upon information and belief, the Defendañt,

1568 ROUTE 17B HOSPITALITY CORP, maintained the aforesaid premises.

24. That at alltimes hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B HOSPITALITY CORP, managed the aforesaid premises.

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FILED: SULLIVAN COUNTY CLERK 05/14/2021 01:46 PM INDEX NO. E2021-793
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2021

25. That at alltimes hereinafter mentioned, upon informadon and belief, the Defedant,

1568 ROUTE 17B HOSPITALITY CORP, controlled the aforesaid premises.

26. That at alltimes hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B HOSPITALITY CORP, operated the aforesaid premises

27. That at alltimes hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B HOSPITALITY CORP, was the lessee of the aforesaid premises.

28. That at alltimes hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B HOSPITALITY CORP, was the lessor of the aforesaid premises.

29. That at alltimes hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B HOSPITALITY CORP, was the owner of the exit mmp located 1568 NY-17B,

White Lake, County of Sullivan, State of New York.

30. That at all times hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B HOSPITALITY CORP, maintained the aforesaid walkway.

31. That at alltimes hereinafter mentioñêd, upon information and belief, the Defendant,

1568 ROUTE 17B HOSPITALITY CORP, managed the aforesaid walkway.

32. That at all times hereinabr mentioned, upon information and belief, the Defendant,

- 1568 ROUTE 17B HOSPITALITY controlled the aforesaid walkway.
CORP,

33. That at all times hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B HOSPITALITY CORP, operated the aforesaid walkway.

34. That at all times hereinafter mentioned, upon information and belief, the Defendant,

1568 ROUTE 17B HOSPITALITY CORP, was the lessee of the aforesaid walkway.

35. That at alltimes hereinafter mentioned, upon information and belief, the Defendant.

1568 ROUTE 17B HOSPITALITY CORP, was the lessor of the aforesaid walkway.

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FILED: SULLIVAN COUNTY CLERK 05/14/2021 01:46 PM INDEX NO. E2021-793
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2021

36. That at alltimes hereinafler mentioned, the exit ramp, located on the aforesaid premises

was the situs of the within accident.

37. That on or about the 13th day of July 2018, while this Plaintiff was lawfully upon the

aforesaid premises, he was caused to be precipitated to the ground, thereby sustaining severe and

serious personal injuries.

38. The negligent, wanton, reckless and careless acts of the Defendants, their agents,

servants and/or employees were a cause of the accident and resultant injuries.

39. That the Defendants, their agents, servants and/or employees were negligent, wanton,

reckless and careless in, among other things, allowiñg, causiñg and/or permitting dangerous,

hazardoüs, slippery and/or unsafe conditions to exist on the aforesaid premises; in acting with

reckless disregard for the safety of others, in negligent hiring, in negligent training, in hiring

inept, inadequate, dangerous and/or incompetent employees, in negligent supervision, in

negligent retention of an incompetent and/or dangerous employee, and the defendants, their

agents, servants and/or cmployees were in other ways negligent wanton, reckless and careless.

40. That the Defendants, their agents, servants and/or employees had actual and/or

constructive notice of the dañgerous and/or defective conditions in that the conditions existed for

a sufficient length of time prior to the happening of the incident and in the exercise of reasonable

care, the dehdants could have and should have had knowledge and notice thereof and further, the

defendants, their agents, servants and/or employees created said condition.

41. The limited liability provisions of CPLR 1601 do not apply pursuant to the exceptions

of CPLR 1602, including, but not limited to, 1602(2)(iv), 1602(7) and 1602(11).

42. That by reason of the foregoing, this Plaintiff was caused to sustain severe and serious

.personal injuries to his mind and body, some of which, upon information and belief, are permanent

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FILED: SULLIVAN COUNTY CLERK 05/14/2021 01:46 PM INDEX NO. E2021-793
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2021

with permanent effects of pain, disability, disfigurement and loss of body function. Further, this

plaintiff was caused to expend and become obligated for diverse sums of money for the purpose

of obtaiñiñg medical care and/or cure in an effort to alleviate the suffering and ills sustained as a

result of this accident; the plaintiff further was caused to lose wheta=+ial periods of time from his

normal vocation and activities, and upon information and belief, may coñtiñue in that way into the

future and suffer similar losses.

43. That by reason of the foregoing, this Plaintiff has been damaged in a sum that

exce-!= the jurisdletional limits of all lower courts which would otherwise have jurisdiction of

this matter.

WHEREFORE, Plaintiff demands judgment agaiñst the defendants, and each of them, as

follows:

A sum that exceeds the jurisdictional limits of alllower courts which would otherwise have

jurisdiction in this matter, together with the costs and disbursemcats of this action.

DATED: May 14, 2021

Middletown, New York

MELANIE-ANN DELANCEY, ESQ.

SOBO & SOBO, LLP
Attorneys for Plaintsff
One Dolson Avenue

Middletown, NY 10940

(845) 343-7626

TO: 1568 ROUTE 17B, LLC
C/O Secretary of State

1568 ROUTE 17B HOSPITALITY CORP
C/O Secretary of State

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FILED: SULLIVAN COUNTY CLERK 05/14/2021 01:46 PM INDEX NO. E2021-793
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2021

VERIFICATION

STATE OF NEW YORK, COUNTY OF SULUVAN ar

TOD BURNS, being duly sworn says; I atn one of theplaintiffs in the action heroid; I have read
the annexed Verified Cerf±t, know the contents thereofand the same are true tomy knowledge,
except those matters therein which are stated 10 be alleged on information and belief, and as to
those matta Ibelieve them to be true.

TOD BURNS

to b ine on
1

N Y B

ANN CAR O N
ÜELANIE
PubEc. State N
Notary
No; 02DE T 2
oualifiedin Ora n
g
Expves bmary t 2
Commission

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Document Filed Date

May 14, 2021

Case Filing Date

May 14, 2021

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Complaint,Petition: Tod Burns v. 1568 Route 17b, Llc, 1568 Route 17b Hospitality Corp.

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