Preview
FILED: SUFFOLK COUNTY CLERK 06/11/2021 12:37 PM INDEX NO. 611191/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index No.:
_________________________
JOSE GUEVARA, Plaintiff designates
Plaintiff(s), COUNTY OF SUFFOLK
As the place of trial
The basis of the venue is
PLAINTIFF'S residence
against
SUMMONS
Plaintiff's residence is
416 Kings Court
County of SUFFOLK
BANK OF AMERICA, NATIONAL ASSOCIATION and
CORPORATION"
"ABC (the aforesaid name being
fictitious and their true name being unknown),
Defendant(s).
-- _______...._______________ _________
To the above-named defendant(s)
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 plaintiffs Attorney(s) within 20 days after the service of this
summons, excluded 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 a judgment will be taken against you by default for the
relief demanded in the complaint.
Date: June 11, 2021
7kaaA F. Ef-d,A
Mark J. Linder, Esq.
HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff(s)
3 Park Avenue, Suite 2300
New York, NY 10016
Defendants'
address:
BANK OF AMERICA, NATIONAL
ASSOCIATION
100 N. Tryon Street
Charlotte, NC 28202
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
JOSE GUEVARA,
PlaIntiff,
-against- VERIFIED
COMPLAINT
Index No.:
BANK OF AMERICA, NATIONAL ASSOCIATION and
CORPORATION"
"ABC (the aforesaid name being
fictitious and their true name being unknown),
Defendants.
..._______._________ ______________------·----------------X
Plaintiff complaining of the defendants herein, by his attorneys HARMON, LINDER &
ROGOWSKY, respectfully sets forth and alleges, as fallcws:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFF
1. That at the time of the commencement of this action plaintiff was a resident of the
County of Suffolk and State of New York.
2. That defendant BANK OF AMERICA, NATIONAL ASSOCIATION was and still is a
national banking association conducting business in the State of New York.
CORPORATION"
3. That defendant "ABC (the aforessid name being fictitious and its
true name being unknown) was and still is a domestic and/or foreign business entity
organized and existing under and by virtue of the laws of the State of New York; said
defendant is conducting business in the State of New York.
CORPORATION"
4. That defendant "ABC being fictitiously designated is an entity that
deviated from the applicable standard of care with respect to the plaintiff causing or
contributing to the damages, losses and injuries set forth in this complaint.
5. That at all times herein mentioned, the location of the plaintiff's accident was on or
near the concrete curbing separating the parking lots on the property borderline between
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the lands and premises located at 550 Montauk Highway and 560 Montauk Highway,
West Babylon, in the County of Suffolk and State of New York.
6. That on the January 31, 2019 at approximately 10:30 am the plaintiff was lawfully
walking upon the parking lot at said !ocation when the plaintiff sustained injuries due
negligent, dangerous and/or defective conditions. Additionally, the plaintiff was caused to
trip and fall due to conditions including a diispidated, broken cracked, uneven, missing
and/or damaged section of the parking lot and/or concrete curbing thereby sustaining
severe injuries as hereinafter set forth.
7. That at all times herein mêñticned, the defendants knew or should have known of
the aforesaid dangerous condition(s).
8. The defendants, at all relevant times, and for sigñificañt time beforehand caused,
created, allowed and/or permitted said dangerous cüñditicn.
9. The defendants, at the time of the accident, negligently caused, created, alicwêd
and/or permitted said dangerous cûñditicñ(s) at the said location to remain and failed to
correct the condition. The defendants had actual and constructive notice of the condition
on the day of the accident.
9. That defendañt BANK OF AMERICA, NATIONAL ASSOCIATION leased certain
lands and/or premises located at 560 Montauk Highway, West Babylon, New York.
10. That defendant BANK OF AMERICA, NATIONAL ASSOCIATION operated certain
lands and/or premises located at 560 Montauk Highway, West Babylon, New York.
11. That defendant BANK OF AMERICA, NATIONAL ASSOCIATION managed certain
lands and/or premises located at 560 Montauk Highway, West Babylon, New York.
12. That defendant BANK OF AMERICA, NATIONAL ASSOCIATION maintained
certain lands and/or premises !ocated at 560 Montauk Highway, West Babylon, New York.
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13. That defendant BANK OF AMERICA, NATIONAL ASSOCIATION controlled certain
lands and/or premises located at 560 Montauk Highway, West Babylon, New York.
14. That defendant BANK OF AMERICA, NATIONAL ASSOCIATION through its acts
and or omissions, negligently, carelessly inadequately and or improperly inspected and/or
failed to inspect certain lands and or premises at 560 Montauk Highway, West Babylon,
New York.
15. That defendant BANK OF AMERICA, NATIONAL ASSOCIATION negligently and
or carelessly owned, operated, managed, maintained and controlled certain lands and or
premises at 560 Montauk Highway, West Babylon, New York.
CORPORATION"
16. That defendant "ABC owned certain lands and/or premises
located at the said location.
CORPORATION"
17. That defendant "ABC operated certain lands and/or premises
located at the said location.
CORPORATION"
18. That defendant "ABC managed certain lands and/or premises
located at the said location.
CORPORATION"
19. That defendant "ABC maintained certain lands and/or premises
located at the said location.
CORPORATION"
20. That defendant "ABC controlled certain lands and/or premises
located at the said location.
CORPORATION"
21. That defendant "ABC through its acts and or omissions,
negligently, carelessly inadequately and or improperly inspected and or failed to inspect
certain lands and or premises at the said location.
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CORPORATION"
22. That defendant "ABC negligently and or carelessly owned,
operated, managed, maiñtained and controlled certain lands and or premises at the said
location.
CORPORATION"
23. That defendant "ABC was hired, paid, retained or otherwise
obligated to provide repair, construction, maiñteñance and/or general contractor services
at said location.
CORPORATION"
24. That defendant "ABC had a duty to provide the services rendered
in accordance with industry standards and in accordance with the specific demands for the
conditions at said location.
CORPORATION"
25. That defendant "ABC failed to provide the services rendered in
accordance with industry standards at said location.
CORPORATION"
26. That defendant "ABC failed to provide the services rendered in
accordance with the specific demands for the conditions at said !ocation.
23. That at all times herein mentioned defendants, their agents, servants and/or
empicyees thorough their acts and/or omissions were careless and negligent in the
ownership, operation and control of the aforesaid premises; in causing, allowing and/or
permitting the aforesaid iccation of said premises to become and remain in dangerous
condition, unmaintained, negligent, improper and/or unsafe condition; in causing, allowing
and/or permitting aforesaid iccation to be and remain in a hazardous condition; in failing to
make proper, timely and adequate inspection thereof; in failing to maintain the aforesaid
premises in a proper maññêr; in the ñégligent and dangerous design, insta!!ation,
maintenance and management of the aforesaid area; in failing to set up proper safeguards
and/or in failing to warn persons the area of the aforesaid trap-
barriers; lawfully traversing
like, dangerous and hazardous condition; in failing to have sufficient and adequate
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manpower; in failing to protect invitee of said area; in creating a nuisance or trap; in failing
to provide and/or use proper equipment; in failing to have adequate and proper lighting;
and in otherwise failing to use due care, caution and prudence on the premises.
24. That the defendants were at all times under a duty to keep the aforementioned
lands and/or premises in a safe, proper and secured manner, in a condition free from
dangerous conditions.
25. That as a result of the foregoing, the plaintiff was caused to and did sustain severe
and serious injuries and was required to seek and obtain medical care and attention in an
effort to cure and alleviate same and, upon information and belief will be compe!!éd to do
so in the future.
26. That this occurrence and the injuries sustained by the plaintiff were caused by the
negligence of defendants.
27. That this action falls within one or more of the exceptions set forth in Section 1602
of the CPLR.
28. That by reason of the foregoing, plaintiff has been damaged in an amount which
exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFF
29. Plaintiff repeats and re-alleges each and every allegation contaiñéd in paragraphs
"1"
through "28", as if the same were fully hereinafter set forth at length.
defendants'
30. That the conduct as earlier described was negligent and careless in inter
alia:
(a) Failing to take proper precautions for the safety and wellbeing of the
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plaintiff;
(b) That the defendants were negligent in the hiring, screening, training,
and supervising of its employees, agents, contractors, etc.;
(c) Failing to adopt appropriate procedures for the protecticñ of invitees
including the plaintiff;
(d) Negligence at law.
31. That the defendants should have knowñ that its failure in such regards would cause
harm.
32. That by reason of the foregoing, plaintiff has been damaged in an amount which
exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdictioñ.
WHEREFORE, p|ãiñtiff demands judgment against the defendants on the First
and Second Causes of Action together with interest and the costs and disbursements of
this action.
Dated: New York, New York
June 11, 2021
7&oaA F. E1-woA
Mark J. Linder, Esq.
HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
3 Park 23d
Avenue, Floor, Suite 2300
New York, NY 10016
ACD
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
I, the undersigned, am an attorney admitted to practice in the Courts of New York
State, and say that:
I am the attorney of record or of counsel with the attorney(s) of record for the
plaintiff.
I have read the annexed SUMMONS AND VERIFIED COMPLAINT and know the
coñtents thereof and the same are true to my knowledge, except those matters therein
which are stated to be alleged on information and belief. As to those matters, I believe
them to be true. My belief, as to those matters therein not stated upon knowledge is
based upon the following:
Interviews and/or discussioñs held with the plaintiff(s) and papers and/or
documents in the file.
The reasoñ I make this affirmation instead of the plaintiff is because said plaintiff
resides outside of the county from where your deponent maintains his office for the
practice of law.
Dated: New York, NY
June 11, 2021
7hnA F . E1-dea
Mark J. Linder, Esq.
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Index No.: Year:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
________ -----
JOSE GUEVARA,
Plaintiff(s),
-against-
BANK OF AMERICA, NATIONAL ASSOCIATION and
CORPORATION"
"ABC (the aforesaid name being fictitious and
their true name being unknown),
Defendant(s).
__________ -----...........................................________ _____.___________
VERIFIED SUMMONS AND COMPLAINT
.... _____________________________________________.
HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016
Tel: (212) 732-3665 Fax: (212) 732-1462
_______........._........ ________________..__________
To:
Attorney(s)for
...... _________ _______________...__......._..__
Service ofa Copyofthe within is hereby admitted.
Dated: --------
Attorneysfor
...___.....___..-______ ___.........._.. ___________________ ......
PLEASE TAKE NOTICE:
NOTICE OF Thatthewithinis a (certified) true copyofa
ENTRY enteredinthe officeoftheclerk ofthe withinnamed Courton 20
NOTICE OF thatan Orderofwhichthe withinis a true copy will be presentedforse'"e--e-Atothe
SETTLEMENT Hon. one of the Judges of thewithin named Court, on
20 , at M.
Dated:
HARMON, LINDER & ROGOWSKY
Attorneys forPlaintiff
3 Park Avenue, Suite 2300
NewYork, NY 10016
Tel: (212) 732-3665 Fax: (212) 732-1462
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Preview
FILED: SUFFOLK COUNTY CLERK 06/11/2021 12:37 PM INDEX NO. 611191/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No.: _________________________ JOSE GUEVARA, Plaintiff designates Plaintiff(s), COUNTY OF SUFFOLK As the place of trial The basis of the venue is PLAINTIFF'S residence against SUMMONS Plaintiff's residence is 416 Kings Court County of SUFFOLK BANK OF AMERICA, NATIONAL ASSOCIATION and CORPORATION" "ABC (the aforesaid name being fictitious and their true name being unknown), Defendant(s). -- _______...._______________ _________ To the above-named defendant(s) 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 plaintiffs Attorney(s) within 20 days after the service of this summons, excluded 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 a judgment will be taken against you by default for the relief demanded in the complaint. Date: June 11, 2021 7kaaA F. Ef-d,A Mark J. Linder, Esq. HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff(s) 3 Park Avenue, Suite 2300 New York, NY 10016 Defendants' address: BANK OF AMERICA, NATIONAL ASSOCIATION 100 N. Tryon Street Charlotte, NC 28202 1 of 9 FILED: SUFFOLK COUNTY CLERK 06/11/2021 12:37 PM INDEX NO. 611191/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK JOSE GUEVARA, PlaIntiff, -against- VERIFIED COMPLAINT Index No.: BANK OF AMERICA, NATIONAL ASSOCIATION and CORPORATION" "ABC (the aforesaid name being fictitious and their true name being unknown), Defendants. ..._______._________ ______________------·----------------X Plaintiff complaining of the defendants herein, by his attorneys HARMON, LINDER & ROGOWSKY, respectfully sets forth and alleges, as fallcws: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF 1. That at the time of the commencement of this action plaintiff was a resident of the County of Suffolk and State of New York. 2. That defendant BANK OF AMERICA, NATIONAL ASSOCIATION was and still is a national banking association conducting business in the State of New York. CORPORATION" 3. That defendant "ABC (the aforessid name being fictitious and its true name being unknown) was and still is a domestic and/or foreign business entity organized and existing under and by virtue of the laws of the State of New York; said defendant is conducting business in the State of New York. CORPORATION" 4. That defendant "ABC being fictitiously designated is an entity that deviated from the applicable standard of care with respect to the plaintiff causing or contributing to the damages, losses and injuries set forth in this complaint. 5. That at all times herein mentioned, the location of the plaintiff's accident was on or near the concrete curbing separating the parking lots on the property borderline between 2 of 9 FILED: SUFFOLK COUNTY CLERK 06/11/2021 12:37 PM INDEX NO. 611191/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 the lands and premises located at 550 Montauk Highway and 560 Montauk Highway, West Babylon, in the County of Suffolk and State of New York. 6. That on the January 31, 2019 at approximately 10:30 am the plaintiff was lawfully walking upon the parking lot at said !ocation when the plaintiff sustained injuries due negligent, dangerous and/or defective conditions. Additionally, the plaintiff was caused to trip and fall due to conditions including a diispidated, broken cracked, uneven, missing and/or damaged section of the parking lot and/or concrete curbing thereby sustaining severe injuries as hereinafter set forth. 7. That at all times herein mêñticned, the defendants knew or should have known of the aforesaid dangerous condition(s). 8. The defendants, at all relevant times, and for sigñificañt time beforehand caused, created, allowed and/or permitted said dangerous cüñditicn. 9. The defendants, at the time of the accident, negligently caused, created, alicwêd and/or permitted said dangerous cûñditicñ(s) at the said location to remain and failed to correct the condition. The defendants had actual and constructive notice of the condition on the day of the accident. 9. That defendañt BANK OF AMERICA, NATIONAL ASSOCIATION leased certain lands and/or premises located at 560 Montauk Highway, West Babylon, New York. 10. That defendant BANK OF AMERICA, NATIONAL ASSOCIATION operated certain lands and/or premises located at 560 Montauk Highway, West Babylon, New York. 11. That defendant BANK OF AMERICA, NATIONAL ASSOCIATION managed certain lands and/or premises located at 560 Montauk Highway, West Babylon, New York. 12. That defendant BANK OF AMERICA, NATIONAL ASSOCIATION maintained certain lands and/or premises !ocated at 560 Montauk Highway, West Babylon, New York. 3 of 9 FILED: SUFFOLK COUNTY CLERK 06/11/2021 12:37 PM INDEX NO. 611191/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 13. That defendant BANK OF AMERICA, NATIONAL ASSOCIATION controlled certain lands and/or premises located at 560 Montauk Highway, West Babylon, New York. 14. That defendant BANK OF AMERICA, NATIONAL ASSOCIATION through its acts and or omissions, negligently, carelessly inadequately and or improperly inspected and/or failed to inspect certain lands and or premises at 560 Montauk Highway, West Babylon, New York. 15. That defendant BANK OF AMERICA, NATIONAL ASSOCIATION negligently and or carelessly owned, operated, managed, maintained and controlled certain lands and or premises at 560 Montauk Highway, West Babylon, New York. CORPORATION" 16. That defendant "ABC owned certain lands and/or premises located at the said location. CORPORATION" 17. That defendant "ABC operated certain lands and/or premises located at the said location. CORPORATION" 18. That defendant "ABC managed certain lands and/or premises located at the said location. CORPORATION" 19. That defendant "ABC maintained certain lands and/or premises located at the said location. CORPORATION" 20. That defendant "ABC controlled certain lands and/or premises located at the said location. CORPORATION" 21. That defendant "ABC through its acts and or omissions, negligently, carelessly inadequately and or improperly inspected and or failed to inspect certain lands and or premises at the said location. 4 of 9 FILED: SUFFOLK COUNTY CLERK 06/11/2021 12:37 PM INDEX NO. 611191/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 CORPORATION" 22. That defendant "ABC negligently and or carelessly owned, operated, managed, maiñtained and controlled certain lands and or premises at the said location. CORPORATION" 23. That defendant "ABC was hired, paid, retained or otherwise obligated to provide repair, construction, maiñteñance and/or general contractor services at said location. CORPORATION" 24. That defendant "ABC had a duty to provide the services rendered in accordance with industry standards and in accordance with the specific demands for the conditions at said location. CORPORATION" 25. That defendant "ABC failed to provide the services rendered in accordance with industry standards at said location. CORPORATION" 26. That defendant "ABC failed to provide the services rendered in accordance with the specific demands for the conditions at said !ocation. 23. That at all times herein mentioned defendants, their agents, servants and/or empicyees thorough their acts and/or omissions were careless and negligent in the ownership, operation and control of the aforesaid premises; in causing, allowing and/or permitting the aforesaid iccation of said premises to become and remain in dangerous condition, unmaintained, negligent, improper and/or unsafe condition; in causing, allowing and/or permitting aforesaid iccation to be and remain in a hazardous condition; in failing to make proper, timely and adequate inspection thereof; in failing to maintain the aforesaid premises in a proper maññêr; in the ñégligent and dangerous design, insta!!ation, maintenance and management of the aforesaid area; in failing to set up proper safeguards and/or in failing to warn persons the area of the aforesaid trap- barriers; lawfully traversing like, dangerous and hazardous condition; in failing to have sufficient and adequate 5 of 9 FILED: SUFFOLK COUNTY CLERK 06/11/2021 12:37 PM INDEX NO. 611191/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 manpower; in failing to protect invitee of said area; in creating a nuisance or trap; in failing to provide and/or use proper equipment; in failing to have adequate and proper lighting; and in otherwise failing to use due care, caution and prudence on the premises. 24. That the defendants were at all times under a duty to keep the aforementioned lands and/or premises in a safe, proper and secured manner, in a condition free from dangerous conditions. 25. That as a result of the foregoing, the plaintiff was caused to and did sustain severe and serious injuries and was required to seek and obtain medical care and attention in an effort to cure and alleviate same and, upon information and belief will be compe!!éd to do so in the future. 26. That this occurrence and the injuries sustained by the plaintiff were caused by the negligence of defendants. 27. That this action falls within one or more of the exceptions set forth in Section 1602 of the CPLR. 28. That by reason of the foregoing, plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF 29. Plaintiff repeats and re-alleges each and every allegation contaiñéd in paragraphs "1" through "28", as if the same were fully hereinafter set forth at length. defendants' 30. That the conduct as earlier described was negligent and careless in inter alia: (a) Failing to take proper precautions for the safety and wellbeing of the 6 of 9 FILED: SUFFOLK COUNTY CLERK 06/11/2021 12:37 PM INDEX NO. 611191/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 plaintiff; (b) That the defendants were negligent in the hiring, screening, training, and supervising of its employees, agents, contractors, etc.; (c) Failing to adopt appropriate procedures for the protecticñ of invitees including the plaintiff; (d) Negligence at law. 31. That the defendants should have knowñ that its failure in such regards would cause harm. 32. That by reason of the foregoing, plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdictioñ. WHEREFORE, p|ãiñtiff demands judgment against the defendants on the First and Second Causes of Action together with interest and the costs and disbursements of this action. Dated: New York, New York June 11, 2021 7&oaA F. E1-woA Mark J. Linder, Esq. HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 3 Park 23d Avenue, Floor, Suite 2300 New York, NY 10016 ACD 7 of 9 FILED: SUFFOLK COUNTY CLERK 06/11/2021 12:37 PM INDEX NO. 611191/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) I, the undersigned, am an attorney admitted to practice in the Courts of New York State, and say that: I am the attorney of record or of counsel with the attorney(s) of record for the plaintiff. I have read the annexed SUMMONS AND VERIFIED COMPLAINT and know the coñtents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief. As to those matters, I believe them to be true. My belief, as to those matters therein not stated upon knowledge is based upon the following: Interviews and/or discussioñs held with the plaintiff(s) and papers and/or documents in the file. The reasoñ I make this affirmation instead of the plaintiff is because said plaintiff resides outside of the county from where your deponent maintains his office for the practice of law. Dated: New York, NY June 11, 2021 7hnA F . E1-dea Mark J. Linder, Esq. 8 of 9 FILED: SUFFOLK COUNTY CLERK 06/11/2021 12:37 PM INDEX NO. 611191/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021 Index No.: Year: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ________ ----- JOSE GUEVARA, Plaintiff(s), -against- BANK OF AMERICA, NATIONAL ASSOCIATION and CORPORATION" "ABC (the aforesaid name being fictitious and their true name being unknown), Defendant(s). __________ -----...........................................________ _____.___________ VERIFIED SUMMONS AND COMPLAINT .... _____________________________________________. HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, NY 10016 Tel: (212) 732-3665 Fax: (212) 732-1462 _______........._........ ________________..__________ To: Attorney(s)for ...... _________ _______________...__......._..__ Service ofa Copyofthe within is hereby admitted. Dated: -------- Attorneysfor ...___.....___..-______ ___.........._.. ___________________ ...... PLEASE TAKE NOTICE: NOTICE OF Thatthewithinis a (certified) true copyofa ENTRY enteredinthe officeoftheclerk ofthe withinnamed Courton 20 NOTICE OF thatan Orderofwhichthe withinis a true copy will be presentedforse'"e--e-Atothe SETTLEMENT Hon. one of the Judges of thewithin named Court, on 20 , at M. Dated: HARMON, LINDER & ROGOWSKY Attorneys forPlaintiff 3 Park Avenue, Suite 2300 NewYork, NY 10016 Tel: (212) 732-3665 Fax: (212) 732-1462 9 of 9