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FILED: KINGS COUNTY CLERK 06/22/2021 12:43 PM INDEX NO. 515167/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
x
N.S. and S.S., infants under the age of 14 years, by their
Father and Natural Guardian, IRAKLI SHARADZE, Index No.:
Date of Filing:
Plaintiff(s),
Plaintiff designates Kings
-against- as the Place of trial
County
Place of accident
SUMMONS
G.M.D. PROPERTIES INC. and LAMI REALTY LLC, Plaintiff(s) residence:
1562 Ocean Avenue
Defendant(s). County of Kings
. ....... ----- x
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 Plaintiff's Attorney(s) within (20) days after the service of this
summons, exclusive of the date of service (or within thirty (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 with interest and cost from the date of occurrence.
Dated: Bronx, New York
June 22, 2021
Yours, etc.
LESCH & LESCH, P.C.
By:
,ARY E. LE H, ESQ.
Attorneys for aintiff(s)
860 Grand Concourse, Suite 2M
Bronx, New York 10451
T. (718) 292-1131
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Defendant(s) Address:
LAMI REALTY LLC - Served of State
by the Secretary Only
1562 Ocean Avenue,
Brooklyn, New York 11230
301A Central Avenue
Lawrence, New York 11559
1465A Flatbush Avenue,
Brooklyn, New York 11210
PROPERTIES INC. - Served of State
G.M.D. by the Secretary Only
1765 East 19 St.
Brooklyn, New York 11229
1507 71st Street
Brooklyn, New York 11204
1612 Kings Highway, Suite 157
Brooklyn, New York 11229
NOTICE: The nature of this action is: Personal Injury
The relief sought is: As demanded in complaint
Upon your failure to appear, judgment will be taken against you by default for the sum as
demanded in complaint with interest from August 1, 2014 until the present, and the costs of
this action.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------x
N.S. and S.S., infants under the age of 14 years, by their
Father and Natural Guardian, IRAKLI SHARADZE, VERIFIED COMPLAINT
Index No.:
Plaintiff(s),
- against -
G.M.D. PROPERTIES INC. and LAMI REALTY LLC,
Defendant(s).
-------- ----------------------------------------x
Plaintiff(s), N.S. and S.S., infants under the age of 14 years by their Father and
Natural Guardian, IRAKLI SHARADZE, by their attorneys, LESCH & LESCH P.C.,
compl é1ing of the Defendant(s), G.M.D. PROPERTIES INC. and LAMI REALTY LLC,
sets forth the following, upon information and belief:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF INFANT PLAINTIFF N.S. and S.S.
1. That at all times herein mentioned, Plaintiff(s) were and still are residents of
the County of Kings, City and State of New York.
2. That this action falls within one or more of the exemptions set forth in CPLR
§ 1602.
3. That at all times herein mentioned, the Defendant(s), G.M.D. PROPERTIES
INC., was and still is a domestic business corporation duly authorized to do business in the
State of New York.
4. That at all times herein mentioned, the Defendant(s), G.M.D. PROPERTIES
INC., maintained a principal place of business in the County of Kings, City and State of New
York.
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5. That at all times herein mentioned and on August 1, 2014 until December 30,
2015, the Defendant(s), G.M.D. PROPERTIES INC., owned the premises and
24*
appurtenances and fixtures thereto, located at 6401 Avenue, Brooklyn, New York 11204.
6. That at all times herein mentioned and on August 1, 2014 until December 30,
2015, the Defendant(s), G.M.D. PROPERTIES INC., by its servants, agents and/or
24*
employees managed the premises located at 6401 Avenue, Brooklyn, New York 11204.
7. That at all times herein mentioned and on August 1, 2014 until December 30,
2015, the Defendant(s), G.M.D. PROPERTIES INC., by its servants, agents and/or
24*
employees controlled the premises located at 6401 Avenue, Brooklyn, New York 11204.
8. That at all times herein mentioned and on August 1, 2014 until December 30,
2015, the Defendant(s), G.M.D. PROPERTIES INC., by its servants, agents and/or
24*
employees maintained the premises located at 6401 Avenue, Brooklyn, New York
11204.
9. That at all times herein mentioned and on August 1, 2014 until December 30,
2015, the Defendant(s), G.M.D. PROPERTIES INC., by its servants, agents and/or
24*
employees operated the premises located at 6401 Avenue, Brooklyn, New York 11204.
10. That at all times herein mentioned and on August 1, 2014 until December 30,
2015, the Defendant(s), G.M.D. PROPERTIES INC., by its servants, agents and/or
24*
employees supervised the premises located at 6401 Avenue, Brooklyn, New York 11204.
11. That at all times herein mentioned and on August 1, 2014 until December 30,
2015, the Defendant(s), G.M.D. PROPERTIES INC., by its servants, agents and/or
24*
employees inspected the premises located at 6401 Avenue, Brooklyn, New York 11204.
12. That at all times herein mentioned and on August 1, 2014 until December 30,
2015, the Defendant(s), G.M.D. PROPERTIES INC., by its servants, agents and/or
24*
employees repaired the premises located at 6401 Avenue, Brooklyn, New York 11204.
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13. That at all times herein mentioned and on August 1, 2014 until December 30,
2015, the Defendant(s), G.M.D. PROPERTIES INC., was the lessor of the premises located
24*
at 6401 Avenue, Brooklyn, New York 11204.
14. That at all times herein mentioned, the Defendant(s), LAMI REALTY LLC,
was and still is a domestic limited liability company duly authorized to do business in the
State of New York.
15. That at all times herein mentioned, the Defendant(s), LAMI REALTY LLC,
maintained a principal place of business in the County of Kings, City and State of New York.
16. That at all times herein mentioned and on December 31, 2015 until the
present, the Defendant(s), LAMI REALTY LLC, owned the premises and appurtenances
and fixtures thereto, located at 1562 Ocean Avenue, Brooklyn, New York 11230.
17. That at all times herein mentioned and on December 31, 2015 until the
present, the Defendant, LAMI REALTY LLC, by its servants, agents and/or employees
managed the premises located at 1562 Ocean Avenue, Brooklyn, New York 11230.
18. That at all times herein mentioned and on December 31, 2015 until the
present, the Defendant(s), LAMI REALTY LLC, by its servants, agents and/or employees
controlled the premises located at 1562 Ocean Avenue, Brooklyn, New York 11230.
19. That at all times herein mentioned and on December 31, 2015 until the
present, the Defendant(s), LAMI REALTY LLC, by its servants, agents and/or employees
maintained the premises located at 1562 Ocean Avenue, Brooklyn, New York 11230.
20. That at all times herein mentioned and on December 31, 2015 until the
present, the Defendant(s), LAMI REALTY LLC, by its servants, agents and/or employees
operated the premises located at 1562 Ocean Avenue, Brooklyn, New York 11230.
21. That at all times herein mentioned and on December 31, 2015 until the
present, the Defendant(s), LAMI REALTY LLC, by its servants, agents and/or employees
supervised the premises located at 1562 Ocean Avenue, Brooklyn, New York 11230.
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22. That at all times herein mentioned and on December 31, 2015 until the
present, the Defendant(s), LAMI REALTY LLC, by its servants, agents and/or employees
inspected the premises located at 1562 Ocean Avenue, Brooklyn, New York 11230.
23. That at all times herein mentioned and on December 31, 2015 until the
present, the Defendant(s), LAMI REALTY LLC, by its servants, agents and/or employees
repaired the premises located at 1562 Ocean Avenue, Brooklyn, New York 11230.
24. That at all times herein mentioned and on December 31, 2015 until the
present, the Defendant(s), LAMI REALTY LLC, was the lessor of the premises located at
1562 Ocean Avenue, Brooklyn, New York 11230.
25. The building commonly known as 6401 24TH AVENUE, in the County of
Kings, City and State of New York is rented, leased, let or hired out to be occupied as a
residence of three or more families living independent from each other.
26. The building commonly known as 1562 OCEAN AVENUE, in the County of
Kings, City and State of New York is rented, leased, let or hired out to be occupied as a
residence of three or more families living independent from each other.
27. On or about August 1, 2014 until December 30, 2015, infant Plaintiff(s), N.S.
and S.S., resided with their Father and Natural Guardian, IRAKLI SHARADZE and
IRAKLI SHARADZE, leased from Defendant(s), G.M.D. PROPERTIES INC., the
24"'
apartment known as F1 in the building located at 6401 Avenue, Brooklyn, New York
11204.
28. On or about December 31, 2015, until the present, infant Plaintiff(s), N.S.
and S.S., resided with their Father and Natural Guardian, IRAKLI SHARADZE and
IRAKLI SHARADZE, leased from Defendant(s), LAMI REALTY LLC, the apartment
known as 6D in the building located at 1562 Ocean Avenue, Brooklyn, New York 11230.
29. That at all times herein mentioned, it was the duty of the Defendant(s),
through their servants, agents and/or employees to maintain said premises and more
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specifically apartments F1 and 6D in a reasonably safe and suitable condition and in good
repair.
30. That for several years prior to August 1, 2014 until the present, the
Defendant(s), G.M.D. PROPERTIES INC. and IAMI REALTY LLC, permitted lead to
accumulate in apartments F1 and 6D of the aforesaid premises.
31. That the Defendant(s), G.M.D. PROPERTIES INC. and LAMI REALTY
LLC, failed to remove the lead paint from apartment F1 and 6D of the aforesaid premises
32. That Defendant(s) had actual and constructive notice of the lead paint
condition.
33. That as a result of the failure of the Defendant(s) to remove the mentioned
lead, infant Plaintiff(s), N.S. and S.S:, were subjected to severe and serious injury to mind and
body, and were subjected to great physical pain and mental anguish.
34. The aforesaid occurrence was caused by negligence of the Defendant(s)
without any culpable conduct on the part of the infant Plaintiff(s), N.S. and S.S.
35. By reason of the foregoing, infant Plaintiff(s), N.S. and S.S., were severely
injured and damaged sustaining severe asthma condition, great physical and emotional upset,
some of which injuries are believed to be permanent in nature and duration, and infant
Plaintiff(s) will be permanently caused to suffer pain, inconvenience and other effects of said
injuries; infant Plaintiff(s), N.S. and S.S., incurred and in the future will necessarily incur
further hospital and/or medical expenses in an effort to be cured of said injuries.
36. That the amount of damage sustained by infant Plaintiff(s) N.S. and S.S.,
against Defendant(s), G.M.D. PROPERTIES INC. and LAMI REALTY LLC, exceeds the
jurisdictional limits of the lower courts which would have jurisdiction in all causes of action
alleged in this complaint.
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF INFANT PLAINTIFF N.S.
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"1"
37. Plaintiff(s) repeats and reiterates each and every allegation in paragraph
"36"
through as set forth fully and at length herein.
38. That Defendants warranted to plaintiff that its residence was habitable.
39. That at all times herein mentioned, the Defendants, G.M.D. PROPERTIES
INC. and LAMI REALTY LLC, as landlord and agent breached their warr u1ty of
habitability of the premises rented to the plaintiffs in that they permitted lead paint to
accumulate in apartments F1 and 6D of the aforesaid premises.
40. Solely as a result of the Defendant(s) breach of warranty the infant Plaintiff(s),
N.S., has suffered severe and serious injuries in the mind and body, and further, that infant
Plaintiff(s), N.S., was subjected to great physical pain and mental anguish.
41. The aforesaid occurrence was caused by Defendant(s) breach of warranty of
habitability without any culpable conduct on the part of infant Plaintiff(s) N.S.
42. That the amount of damage sustained by infant Plaintiff(s), N.S. against
Defendants, G.M.D. PROPERTIES INC. and LAMI REALTY LLC, exceeds the
jurisdictional limits of the lower courts which would have jurisdiction in all causes of action
alleged in this complaint.
AS AND FOR A THIRD CAUSE OF ACTION
ON BEHALF OF THE INFANT PLAINTIFF S.S.
43. Plaintiff(s) repeats and reiterates each and every allegation of the paragraphs of
"1" "36"
their complaint number through all-inclusive as though fully set forth in length
herein.
44. That at all times herein mentioned, the Defendant(s), G.M.D. PROPERTIES
INC. and LAMI REALTY LLC, created a nuisance by allowing lead paint to accumulate in
apartments F1 and 6D of the aforesaid premises
45. That as the result of the failure of the defendants to remove the aforesaid
nuisance, infant Plaintiff(s) S.S., has suffered severe and serious injuries to mind and body,
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and further, that infant Plaintiff(s) S.S., was subjected to great physical pain and mental
anguish.
46. The aforesaid occurrence was caused by the nuisance of the Defendant(s)
without any culpable conduct on the part of infant Plaintiff(s) S.S.
47. That the amount of damage sustained by infant Plaintiff(s), S.S. against
Defendant(s), G.M.D. PROPERTIES INC. and LAMI REALTY LLC, exceeds the
jurisdictional limits of the lower courts which would have jurisdiction in all causes of action
alleged in this complaint.
AS AND FOR A FIFTH CAUSE OF ACTION
ON BEHALF OF PLAINTIFF IRAKLI SHARADZE
48. Plaintiff(s) repeat and reiterate each and every allegation of the paragraphs of
"1" "47"
their complaint number through all inclusive as though fully set forth in length
herein.
49. That at all times herein mentioned, this Plaintiff(s) was and is the father and
natural guardian of the infant Plaintiff(s), N.S. and S.S., and as such resides with said
Plaintiff(s) at their residence.
Plaintiff(s)'
50. That prior to the occurrence of aforesaid, children were in good
health.
51. That as a result of the occurrence of aforesaid this Plaintiff(s) sustained loss of
services of his children, and consortium, and his medical expenses and his right to
consortium have been permanently impaired.
52. That the amount of damage sustained by Plaintiff(s), N.S. and S.S. against
Defendant(s), G.M.D. PROPERTIES INC. and LAMI REALTY LLC, exceeds the
jurisdictional limits of the lower courts which would have jurisdiction in all causes of action
alleged in this compliant.
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WHEREFORE, Plaintiff(s), N.S. and S.S., infants under the age of 14 years by their
Father and Natural Guardian, IRAKLI SHARADZE, demand judgment against
Defendant(s), G.M.D. PROPERTIES INC. and LAMI REALTY LLC, in such amount
which will fairly compensate infant Plaintiff(s) for their injuries of August 1, 2014 until the
present with interest, costs and disbursements.
Dated: Bronx, New York
June 22, 2021
Yours, etc.
LESCH & LESCH, P.C.
By: ____ __
G E. LES I, ESQ.
Attorneys for aintiff(s)
860 Grand Concourse, Suite 2M
Bronx, New York 10451
T. (718) 292-1131
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--- x
N.S. and S.S., infants under the age of 14 years, by their
Father and Natural Guardian, IRAKLI SHARADZE, VERIFICATION
Index No.:
Plaintiff(s),
-against-
G.M.D. PROPERTIES INC. and LAMI REALTY LLC,
Defendant(s).
-------- ------- -x
STATE OF NEW YORK }
s.s.:
COUNTY OF BRONX }
GARY E. LESCH, ESQ., under the penalty of perjury and pursuant to CPLR, hereby
affirms the truth of the following statements:
I am the attorney for the Plaintiff(s) in the within action and have read the foregoing
Preview
FILED: KINGS COUNTY CLERK 06/22/2021 12:43 PM INDEX NO. 515167/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x N.S. and S.S., infants under the age of 14 years, by their Father and Natural Guardian, IRAKLI SHARADZE, Index No.: Date of Filing: Plaintiff(s), Plaintiff designates Kings -against- as the Place of trial County Place of accident SUMMONS G.M.D. PROPERTIES INC. and LAMI REALTY LLC, Plaintiff(s) residence: 1562 Ocean Avenue Defendant(s). County of Kings . ....... ----- x 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 Plaintiff's Attorney(s) within (20) days after the service of this summons, exclusive of the date of service (or within thirty (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 with interest and cost from the date of occurrence. Dated: Bronx, New York June 22, 2021 Yours, etc. LESCH & LESCH, P.C. By: ,ARY E. LE H, ESQ. Attorneys for aintiff(s) 860 Grand Concourse, Suite 2M Bronx, New York 10451 T. (718) 292-1131 1 of 12 FILED: KINGS COUNTY CLERK 06/22/2021 12:43 PM INDEX NO. 515167/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2021 Defendant(s) Address: LAMI REALTY LLC - Served of State by the Secretary Only 1562 Ocean Avenue, Brooklyn, New York 11230 301A Central Avenue Lawrence, New York 11559 1465A Flatbush Avenue, Brooklyn, New York 11210 PROPERTIES INC. - Served of State G.M.D. by the Secretary Only 1765 East 19 St. Brooklyn, New York 11229 1507 71st Street Brooklyn, New York 11204 1612 Kings Highway, Suite 157 Brooklyn, New York 11229 NOTICE: The nature of this action is: Personal Injury The relief sought is: As demanded in complaint Upon your failure to appear, judgment will be taken against you by default for the sum as demanded in complaint with interest from August 1, 2014 until the present, and the costs of this action. 2 of 12 FILED: KINGS COUNTY CLERK 06/22/2021 12:43 PM INDEX NO. 515167/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------x N.S. and S.S., infants under the age of 14 years, by their Father and Natural Guardian, IRAKLI SHARADZE, VERIFIED COMPLAINT Index No.: Plaintiff(s), - against - G.M.D. PROPERTIES INC. and LAMI REALTY LLC, Defendant(s). -------- ----------------------------------------x Plaintiff(s), N.S. and S.S., infants under the age of 14 years by their Father and Natural Guardian, IRAKLI SHARADZE, by their attorneys, LESCH & LESCH P.C., compl é1ing of the Defendant(s), G.M.D. PROPERTIES INC. and LAMI REALTY LLC, sets forth the following, upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF INFANT PLAINTIFF N.S. and S.S. 1. That at all times herein mentioned, Plaintiff(s) were and still are residents of the County of Kings, City and State of New York. 2. That this action falls within one or more of the exemptions set forth in CPLR § 1602. 3. That at all times herein mentioned, the Defendant(s), G.M.D. PROPERTIES INC., was and still is a domestic business corporation duly authorized to do business in the State of New York. 4. That at all times herein mentioned, the Defendant(s), G.M.D. PROPERTIES INC., maintained a principal place of business in the County of Kings, City and State of New York. 3 of 12 FILED: KINGS COUNTY CLERK 06/22/2021 12:43 PM INDEX NO. 515167/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2021 5. That at all times herein mentioned and on August 1, 2014 until December 30, 2015, the Defendant(s), G.M.D. PROPERTIES INC., owned the premises and 24* appurtenances and fixtures thereto, located at 6401 Avenue, Brooklyn, New York 11204. 6. That at all times herein mentioned and on August 1, 2014 until December 30, 2015, the Defendant(s), G.M.D. PROPERTIES INC., by its servants, agents and/or 24* employees managed the premises located at 6401 Avenue, Brooklyn, New York 11204. 7. That at all times herein mentioned and on August 1, 2014 until December 30, 2015, the Defendant(s), G.M.D. PROPERTIES INC., by its servants, agents and/or 24* employees controlled the premises located at 6401 Avenue, Brooklyn, New York 11204. 8. That at all times herein mentioned and on August 1, 2014 until December 30, 2015, the Defendant(s), G.M.D. PROPERTIES INC., by its servants, agents and/or 24* employees maintained the premises located at 6401 Avenue, Brooklyn, New York 11204. 9. That at all times herein mentioned and on August 1, 2014 until December 30, 2015, the Defendant(s), G.M.D. PROPERTIES INC., by its servants, agents and/or 24* employees operated the premises located at 6401 Avenue, Brooklyn, New York 11204. 10. That at all times herein mentioned and on August 1, 2014 until December 30, 2015, the Defendant(s), G.M.D. PROPERTIES INC., by its servants, agents and/or 24* employees supervised the premises located at 6401 Avenue, Brooklyn, New York 11204. 11. That at all times herein mentioned and on August 1, 2014 until December 30, 2015, the Defendant(s), G.M.D. PROPERTIES INC., by its servants, agents and/or 24* employees inspected the premises located at 6401 Avenue, Brooklyn, New York 11204. 12. That at all times herein mentioned and on August 1, 2014 until December 30, 2015, the Defendant(s), G.M.D. PROPERTIES INC., by its servants, agents and/or 24* employees repaired the premises located at 6401 Avenue, Brooklyn, New York 11204. 4 of 12 FILED: KINGS COUNTY CLERK 06/22/2021 12:43 PM INDEX NO. 515167/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2021 13. That at all times herein mentioned and on August 1, 2014 until December 30, 2015, the Defendant(s), G.M.D. PROPERTIES INC., was the lessor of the premises located 24* at 6401 Avenue, Brooklyn, New York 11204. 14. That at all times herein mentioned, the Defendant(s), LAMI REALTY LLC, was and still is a domestic limited liability company duly authorized to do business in the State of New York. 15. That at all times herein mentioned, the Defendant(s), LAMI REALTY LLC, maintained a principal place of business in the County of Kings, City and State of New York. 16. That at all times herein mentioned and on December 31, 2015 until the present, the Defendant(s), LAMI REALTY LLC, owned the premises and appurtenances and fixtures thereto, located at 1562 Ocean Avenue, Brooklyn, New York 11230. 17. That at all times herein mentioned and on December 31, 2015 until the present, the Defendant, LAMI REALTY LLC, by its servants, agents and/or employees managed the premises located at 1562 Ocean Avenue, Brooklyn, New York 11230. 18. That at all times herein mentioned and on December 31, 2015 until the present, the Defendant(s), LAMI REALTY LLC, by its servants, agents and/or employees controlled the premises located at 1562 Ocean Avenue, Brooklyn, New York 11230. 19. That at all times herein mentioned and on December 31, 2015 until the present, the Defendant(s), LAMI REALTY LLC, by its servants, agents and/or employees maintained the premises located at 1562 Ocean Avenue, Brooklyn, New York 11230. 20. That at all times herein mentioned and on December 31, 2015 until the present, the Defendant(s), LAMI REALTY LLC, by its servants, agents and/or employees operated the premises located at 1562 Ocean Avenue, Brooklyn, New York 11230. 21. That at all times herein mentioned and on December 31, 2015 until the present, the Defendant(s), LAMI REALTY LLC, by its servants, agents and/or employees supervised the premises located at 1562 Ocean Avenue, Brooklyn, New York 11230. 5 of 12 FILED: KINGS COUNTY CLERK 06/22/2021 12:43 PM INDEX NO. 515167/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2021 22. That at all times herein mentioned and on December 31, 2015 until the present, the Defendant(s), LAMI REALTY LLC, by its servants, agents and/or employees inspected the premises located at 1562 Ocean Avenue, Brooklyn, New York 11230. 23. That at all times herein mentioned and on December 31, 2015 until the present, the Defendant(s), LAMI REALTY LLC, by its servants, agents and/or employees repaired the premises located at 1562 Ocean Avenue, Brooklyn, New York 11230. 24. That at all times herein mentioned and on December 31, 2015 until the present, the Defendant(s), LAMI REALTY LLC, was the lessor of the premises located at 1562 Ocean Avenue, Brooklyn, New York 11230. 25. The building commonly known as 6401 24TH AVENUE, in the County of Kings, City and State of New York is rented, leased, let or hired out to be occupied as a residence of three or more families living independent from each other. 26. The building commonly known as 1562 OCEAN AVENUE, in the County of Kings, City and State of New York is rented, leased, let or hired out to be occupied as a residence of three or more families living independent from each other. 27. On or about August 1, 2014 until December 30, 2015, infant Plaintiff(s), N.S. and S.S., resided with their Father and Natural Guardian, IRAKLI SHARADZE and IRAKLI SHARADZE, leased from Defendant(s), G.M.D. PROPERTIES INC., the 24"' apartment known as F1 in the building located at 6401 Avenue, Brooklyn, New York 11204. 28. On or about December 31, 2015, until the present, infant Plaintiff(s), N.S. and S.S., resided with their Father and Natural Guardian, IRAKLI SHARADZE and IRAKLI SHARADZE, leased from Defendant(s), LAMI REALTY LLC, the apartment known as 6D in the building located at 1562 Ocean Avenue, Brooklyn, New York 11230. 29. That at all times herein mentioned, it was the duty of the Defendant(s), through their servants, agents and/or employees to maintain said premises and more 6 of 12 FILED: KINGS COUNTY CLERK 06/22/2021 12:43 PM INDEX NO. 515167/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2021 specifically apartments F1 and 6D in a reasonably safe and suitable condition and in good repair. 30. That for several years prior to August 1, 2014 until the present, the Defendant(s), G.M.D. PROPERTIES INC. and IAMI REALTY LLC, permitted lead to accumulate in apartments F1 and 6D of the aforesaid premises. 31. That the Defendant(s), G.M.D. PROPERTIES INC. and LAMI REALTY LLC, failed to remove the lead paint from apartment F1 and 6D of the aforesaid premises 32. That Defendant(s) had actual and constructive notice of the lead paint condition. 33. That as a result of the failure of the Defendant(s) to remove the mentioned lead, infant Plaintiff(s), N.S. and S.S:, were subjected to severe and serious injury to mind and body, and were subjected to great physical pain and mental anguish. 34. The aforesaid occurrence was caused by negligence of the Defendant(s) without any culpable conduct on the part of the infant Plaintiff(s), N.S. and S.S. 35. By reason of the foregoing, infant Plaintiff(s), N.S. and S.S., were severely injured and damaged sustaining severe asthma condition, great physical and emotional upset, some of which injuries are believed to be permanent in nature and duration, and infant Plaintiff(s) will be permanently caused to suffer pain, inconvenience and other effects of said injuries; infant Plaintiff(s), N.S. and S.S., incurred and in the future will necessarily incur further hospital and/or medical expenses in an effort to be cured of said injuries. 36. That the amount of damage sustained by infant Plaintiff(s) N.S. and S.S., against Defendant(s), G.M.D. PROPERTIES INC. and LAMI REALTY LLC, exceeds the jurisdictional limits of the lower courts which would have jurisdiction in all causes of action alleged in this complaint. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF INFANT PLAINTIFF N.S. 7 of 12 FILED: KINGS COUNTY CLERK 06/22/2021 12:43 PM INDEX NO. 515167/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2021 "1" 37. Plaintiff(s) repeats and reiterates each and every allegation in paragraph "36" through as set forth fully and at length herein. 38. That Defendants warranted to plaintiff that its residence was habitable. 39. That at all times herein mentioned, the Defendants, G.M.D. PROPERTIES INC. and LAMI REALTY LLC, as landlord and agent breached their warr u1ty of habitability of the premises rented to the plaintiffs in that they permitted lead paint to accumulate in apartments F1 and 6D of the aforesaid premises. 40. Solely as a result of the Defendant(s) breach of warranty the infant Plaintiff(s), N.S., has suffered severe and serious injuries in the mind and body, and further, that infant Plaintiff(s), N.S., was subjected to great physical pain and mental anguish. 41. The aforesaid occurrence was caused by Defendant(s) breach of warranty of habitability without any culpable conduct on the part of infant Plaintiff(s) N.S. 42. That the amount of damage sustained by infant Plaintiff(s), N.S. against Defendants, G.M.D. PROPERTIES INC. and LAMI REALTY LLC, exceeds the jurisdictional limits of the lower courts which would have jurisdiction in all causes of action alleged in this complaint. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF THE INFANT PLAINTIFF S.S. 43. Plaintiff(s) repeats and reiterates each and every allegation of the paragraphs of "1" "36" their complaint number through all-inclusive as though fully set forth in length herein. 44. That at all times herein mentioned, the Defendant(s), G.M.D. PROPERTIES INC. and LAMI REALTY LLC, created a nuisance by allowing lead paint to accumulate in apartments F1 and 6D of the aforesaid premises 45. That as the result of the failure of the defendants to remove the aforesaid nuisance, infant Plaintiff(s) S.S., has suffered severe and serious injuries to mind and body, 8 of 12 FILED: KINGS COUNTY CLERK 06/22/2021 12:43 PM INDEX NO. 515167/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2021 and further, that infant Plaintiff(s) S.S., was subjected to great physical pain and mental anguish. 46. The aforesaid occurrence was caused by the nuisance of the Defendant(s) without any culpable conduct on the part of infant Plaintiff(s) S.S. 47. That the amount of damage sustained by infant Plaintiff(s), S.S. against Defendant(s), G.M.D. PROPERTIES INC. and LAMI REALTY LLC, exceeds the jurisdictional limits of the lower courts which would have jurisdiction in all causes of action alleged in this complaint. AS AND FOR A FIFTH CAUSE OF ACTION ON BEHALF OF PLAINTIFF IRAKLI SHARADZE 48. Plaintiff(s) repeat and reiterate each and every allegation of the paragraphs of "1" "47" their complaint number through all inclusive as though fully set forth in length herein. 49. That at all times herein mentioned, this Plaintiff(s) was and is the father and natural guardian of the infant Plaintiff(s), N.S. and S.S., and as such resides with said Plaintiff(s) at their residence. Plaintiff(s)' 50. That prior to the occurrence of aforesaid, children were in good health. 51. That as a result of the occurrence of aforesaid this Plaintiff(s) sustained loss of services of his children, and consortium, and his medical expenses and his right to consortium have been permanently impaired. 52. That the amount of damage sustained by Plaintiff(s), N.S. and S.S. against Defendant(s), G.M.D. PROPERTIES INC. and LAMI REALTY LLC, exceeds the jurisdictional limits of the lower courts which would have jurisdiction in all causes of action alleged in this compliant. 9 of 12 FILED: KINGS COUNTY CLERK 06/22/2021 12:43 PM INDEX NO. 515167/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2021 WHEREFORE, Plaintiff(s), N.S. and S.S., infants under the age of 14 years by their Father and Natural Guardian, IRAKLI SHARADZE, demand judgment against Defendant(s), G.M.D. PROPERTIES INC. and LAMI REALTY LLC, in such amount which will fairly compensate infant Plaintiff(s) for their injuries of August 1, 2014 until the present with interest, costs and disbursements. Dated: Bronx, New York June 22, 2021 Yours, etc. LESCH & LESCH, P.C. By: ____ __ G E. LES I, ESQ. Attorneys for aintiff(s) 860 Grand Concourse, Suite 2M Bronx, New York 10451 T. (718) 292-1131 10 of 12 FILED: KINGS COUNTY CLERK 06/22/2021 12:43 PM INDEX NO. 515167/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/22/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --- x N.S. and S.S., infants under the age of 14 years, by their Father and Natural Guardian, IRAKLI SHARADZE, VERIFICATION Index No.: Plaintiff(s), -against- G.M.D. PROPERTIES INC. and LAMI REALTY LLC, Defendant(s). -------- ------- -x STATE OF NEW YORK } s.s.: COUNTY OF BRONX } GARY E. LESCH, ESQ., under the penalty of perjury and pursuant to CPLR, hereby affirms the truth of the following statements: I am the attorney for the Plaintiff(s) in the within action and have read the foregoing