Preview
FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
SUPREME COURT OF THE STATE OF NEW YORK Index No:
COUNTY OF ORANGE Date filed:
-------- X
VIRGEN TORRES,
Plaintiff, SUMMONS
-against- Orange
Plaintiff(s)
designate(s)
County as theplace of trial
MIDDLECREST CROSSING SENIOR APARTMENTS
II L.P., MIDDLECREST CROSSING SENIOR
APARTMENTS MANAGERS II LLC, ELANT AT
MIDDLECREST CROSSING HOUSING
DEVELOPMENT FUND CORP. and ELANT AT The basisof venue is
MIDDLECREST CROSSING II HOUSING Plaintiff'sResidence
DEVELOPMENT FUND CORP,
Defendants.
X
To the above named defendant(s):
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to service
a copy of your añswer, or, if the complaint is not served with this summons, to service a notice of
Plaintiffs'
appearance, on the Attorney(s) within 20 days after the service of this sen-mons,
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 ofNew 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: Middletown, New York
July 16, 2021
Yours, etc.,
PATRICK S. OWEN, PLLC
By:
PATRICK S. OWEN, ESQ.
Attorneys for Plaintiff(s)
Office and Post Office Address
250 Crystal Run Road
Middletown, New York 10941
Tel. No.: (845) 692-8000
Filedin Orange County 07/21/2021 02:52:51 PM $0.00 Bk: 1 of
5145 10 Pg: 1989 Index: # EF005129-2021 Clerk:DK
FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
Defendant's Address(es):
MIDDLECREST CROSSING SENIOR APARTMENTS II L.P.
MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC
ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP. and
ELANT AT MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP
C/o Secretary of State
Albany, New York
2 of 10
FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
X
VIRGEN TORRES, Index No:
Plaintiff, VERIFIED
COMPLAINT
-against-
MIDDLECREST CROSSING SENIOR
APARTMENTS II L.P., MIDDLECREST
CROSSING SENIOR APARTMENTS MANAGERS
II LLC, ELANT AT MIDDLECREST CROSSING
HOUSING DEVELOPMENT FUND CORP. and
ELANT AT MIDDLECREST CROSSING
II HOUSING DEVELOPMENT FUND CORP.
Defendants.
------------------------------------------------------------------X
Plaintiff, VIRGEN TORRES, by and through her attorney, PATRICK S. OWEN, PLLC,
as and for her Verified Complaint, herein alleges as follows:
1. That at all relevant times mentioned herein, the Plaintiff, VIRGIN TORRES, was
and still is a resident of the County of Orange, State of New York.
2. That at allrelevant times mentioned herein, upon information and belief, the
Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS II L.P., was and still is a
domestic limited partnership, organized and existing under and by virtue of the laws of the State
of New York with a principal place of business located at 44 Warburton Avenue, Yonkers, New
York 10701
3. That at all relevant times mentioned herein, the Defendant, MIDDLECREST
CROSSING SENIOR APARTMENTS II L.P., was and still is a business organization doing
business within the State of New York.
3 of 10
FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
4. That at all relevant times mentioned herein, upon information and belief, the
Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, was
and stillis a domestic limited liability company, organized and existing under and by virtue of
the laws of the State of New York with a principal place of business located at 44 Warburton
Avenue, Yonkers, New York 10701
5. That at all relevant times mentioned herein, the Defendant, MIDDLECREST
CROSSING SENIOR APARTMENTS MANAGERS II LLC, was and still is a business
organization doing business within the State of New York.
6. That at all relevant times mentioned herein, upon information and belief, the
Defendant, ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND
CORP., was and stillis a domestic corporation, organized and existing under and by virtue of the
laws of the State of New York with a principal place of business located 6 Harriman Drive,
Goshen, New York 10924.
7. That at all relevant times mentioned herein, the Defendant, ELANT AT
MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP., was and still is a
business organization doing business within the State of New York.
8. That at all relevant times mentioned herein, upon information and belief, the
Defendant, ELANT AT MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND
CORP., was and stillis a domestic corporation, organized and existing under and by virtue of the
laws of the State of New York with a principal place of business located 6 Harriman Drive,
Goshen, New York 10924.
4 of 10
FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
9. That at all relevant times mentioned herein, the Defendant, ELANT AT
MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP., was and stillis a
business organization doing business within the State of New York.
10. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING
SENIOR APARTMENTS II L.P., was the owner of a certain premises located at 76 Uhlig Road,
in the City of Middletown, County of Orange, State of New York.
11. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING
SENIOR APARTMENTS II L.P., maintained the aforementioned premises.
12. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING
SENIOR APARTMENTS II L.P., managed the aforementioned premises.
13. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING
SENIOR APARTMENTS II L.P., controlled the aforementioned premises.
14. That at all times mentioned here, the Defendant, MIDDLECREST CROSSING
SENIOR APARTMENTS II L.P., inspected the aforementioned premises.
15. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING
SENIOR APARTMENTS MANAGERS II LLC, was the owner of a certain premises located at
76 Uhlig Road, in the City of Middletown, County of Orange, State of New York.
16. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING
SENIOR APARTMENTS MANAGERS II LLC, maintained the aforementioned premises.
17. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING
SENIOR APARTMENTS MANAGERS II LLC, managed the aforementioned premises.
18. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING
SENIOR APARTMENTS MANAGERS II LLC, controlled the aforementioned premises.
5 of 10
FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
19. That at all times mentioned here, the Defendant, MIDDLECREST CROSSING
SENIOR APARTMENTS MANAGERS II LLC, inspected the aforementioned premises.
20. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST
CROSSING HOUSING DEVELOPMENT FUND CORP., was the owner of a certain premises
located at 76 Uhlig Road, in the City of Middletown, County of Orange, State of New York.
21. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST
CROSSING HOUSING DEVELOPMENT FUND CORP., maintained the aforemêñtioned
premises.
22. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST
CROSSING HOUSING DEVELOPMENT FUND CORP., mañaged the aforementioned
premises.
23. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST
CROSSING HOUSING DEVELOPMENT FUND CORP., controlled the aforementioned
premises.
24. That at all times mentioned here, the Defendant, ELANT AT MIDDLECREST
CROSSING HOUSING DEVELOPMENT FUND CORP., inspected the aforementioned
premises.
25. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST
CROSSING II HOUSING DEVELOPMENT FUND CORP., was the owner of a certain premises
located at 76 Uhlig Road, in the City of Middletown, County of Orange, State of New York.
26. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST
CROSSING II HOUSING DEVELOPMENT FUND CORP., mahtaked the aforementioned
premises.
6 of 10
FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
27. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST
CROSSING II HOUSING DEVELOPMENT FUND CORP., managed the aforementioned
premises.
28. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST
CROSSING II HOUSING DEVELOPMENT FUND CORP., controlled the aforernentioned
premises.
29. That at all times mentioned here, the Defendant, ELANT AT MIDDLECREST
CROSSING II HOUSING DEVELOPMENT FUND CORP., inspected the aforementioned
premises.
30. That at all relevant times mentioned herein, upon information and belief, the
parking lot, on the aforementioned premises was the situs of the accident herein.
46
31. On or about the day of July, 2020, the Plaintiff, VIRGEN TORRES, was
lawfully on the premises when she was caused to be precipitated to the ground as a result of a
dangerous, hazardous condition.
32. That the Defendant(s), MIDDLECREST CROSSING SENIOR APARTMENTS II
L.P., MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, ELANT AT
MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP. and ELANT AT
MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP, their agents,
employees, contractors and/or servants were negligent, careless and reckless in failing to properly
maintain the premises in a reasonably safe condition; in allowing the premises to remain in an
unsafe condition; in failing to warn the of the aforementioned dangerous and hazardous conditions;
in failing to inspect the premises; in allowing the premises to become and/or remain in a dañgerous
7 of 10
FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
condition; in otherwise being negligent, careless and reckless in its ownership, operation,
maintenance and control of the aforementioned premises.
33. That the Defendant(s), MIDDLECREST CROSSING SENIOR APARTMENTS II
L.P., MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, ELANT AT
MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP. and ELANT AT
MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP, their agents,
employees, contractors and/or servants had actual and/or constructive notice of the dangerous and
defective condition prior to the happening of the within occurrence, that in the exercise of
reasonable care, said defendant could have and should have had knowledge and notice thereof.
34. That the Defendant(s), MIDDLECREST CROSSING SENIOR APARTMENTS II
L.P., MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, ELANT AT
MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP. and ELANT AT
MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP, their agents,
employees, contractors and/or servants, caused the dangerous and/or defective condition.
35. The limited liabilityprovisions of CPLR 1601 do not apply pursuant to one or more
exceptions of CPLR 1602.
36. That as a result of the foregoing, the Plaintiff, VIRGEN TORRES, sustained serious
and severe injuries to her body, shock to her nervous system, ñümbness, and has been caused to
suffer physical pain as a result thereof, and upon information and belief, some of these injuries are
of a permanent and lasting nature; that plaintiff has been confined to a hospital, her bed and home
as a result thereof, and has become responsible for expenses related to the treatment of said injuries
all to her damage in a sum exceeding the ñioñetary jurisdictional limits of all lower courts.
8 of 10
FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
WHEREFORE, plaintiff(s) demand(s) judgmeñt against the defcñdañt(s), and each of
them, in such sum exceeding the monetary jurisdictional limits of all lower courts as a jury would
find just adequate and fair; together with the costs and disbursements of this action.
Dated: Middletown, New York
July 16, 2021
Yours, etc.
PATRICK S. OWEN, PLLC
By:
PATRICK S. OWEN, ESQ.
Attorney for Plaintiff(s)
250 Crystal Run Road
Middletown, New York 10941
Tel. No.: (845) 692-8000
9 of 10
FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
STATE OF NEW YORK )
) ss.:
COUNTY OF ORANGE )
I,the undersigned, being duly sworn, deposes and says:
I am one of the plaintiff(s) in the within action; I have read the foregoing VERIFIED
COMPLAINT and know the centents thereof; the same is true to my own knowledge, except as
to the matters therein stated to be alleged on infor-=tion and belief and, as to such matters, I
believe itto be true.
V GE ORRES
rn to before me this
day of 20
Notary Public
VEBONICA M. WESLEY
Notary Pot±c, State of New York
Qualifieo in Orange County
Registration No. 01WE6075427
Comm!ssion Expires June 3, 20-
10 of 10
Preview
FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No: COUNTY OF ORANGE Date filed: -------- X VIRGEN TORRES, Plaintiff, SUMMONS -against- Orange Plaintiff(s) designate(s) County as theplace of trial MIDDLECREST CROSSING SENIOR APARTMENTS II L.P., MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP. and ELANT AT The basisof venue is MIDDLECREST CROSSING II HOUSING Plaintiff'sResidence DEVELOPMENT FUND CORP, Defendants. X To the above named defendant(s): YOU ARE HEREBY SUMMONED to answer the complaint in this action and to service a copy of your añswer, or, if the complaint is not served with this summons, to service a notice of Plaintiffs' appearance, on the Attorney(s) within 20 days after the service of this sen-mons, 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 ofNew 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: Middletown, New York July 16, 2021 Yours, etc., PATRICK S. OWEN, PLLC By: PATRICK S. OWEN, ESQ. Attorneys for Plaintiff(s) Office and Post Office Address 250 Crystal Run Road Middletown, New York 10941 Tel. No.: (845) 692-8000 Filedin Orange County 07/21/2021 02:52:51 PM $0.00 Bk: 1 of 5145 10 Pg: 1989 Index: # EF005129-2021 Clerk:DK FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 Defendant's Address(es): MIDDLECREST CROSSING SENIOR APARTMENTS II L.P. MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP. and ELANT AT MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP C/o Secretary of State Albany, New York 2 of 10 FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE X VIRGEN TORRES, Index No: Plaintiff, VERIFIED COMPLAINT -against- MIDDLECREST CROSSING SENIOR APARTMENTS II L.P., MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP. and ELANT AT MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP. Defendants. ------------------------------------------------------------------X Plaintiff, VIRGEN TORRES, by and through her attorney, PATRICK S. OWEN, PLLC, as and for her Verified Complaint, herein alleges as follows: 1. That at all relevant times mentioned herein, the Plaintiff, VIRGIN TORRES, was and still is a resident of the County of Orange, State of New York. 2. That at allrelevant times mentioned herein, upon information and belief, the Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS II L.P., was and still is a domestic limited partnership, organized and existing under and by virtue of the laws of the State of New York with a principal place of business located at 44 Warburton Avenue, Yonkers, New York 10701 3. That at all relevant times mentioned herein, the Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS II L.P., was and still is a business organization doing business within the State of New York. 3 of 10 FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 4. That at all relevant times mentioned herein, upon information and belief, the Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, was and stillis a domestic limited liability company, organized and existing under and by virtue of the laws of the State of New York with a principal place of business located at 44 Warburton Avenue, Yonkers, New York 10701 5. That at all relevant times mentioned herein, the Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, was and still is a business organization doing business within the State of New York. 6. That at all relevant times mentioned herein, upon information and belief, the Defendant, ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP., was and stillis a domestic corporation, organized and existing under and by virtue of the laws of the State of New York with a principal place of business located 6 Harriman Drive, Goshen, New York 10924. 7. That at all relevant times mentioned herein, the Defendant, ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP., was and still is a business organization doing business within the State of New York. 8. That at all relevant times mentioned herein, upon information and belief, the Defendant, ELANT AT MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP., was and stillis a domestic corporation, organized and existing under and by virtue of the laws of the State of New York with a principal place of business located 6 Harriman Drive, Goshen, New York 10924. 4 of 10 FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 9. That at all relevant times mentioned herein, the Defendant, ELANT AT MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP., was and stillis a business organization doing business within the State of New York. 10. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS II L.P., was the owner of a certain premises located at 76 Uhlig Road, in the City of Middletown, County of Orange, State of New York. 11. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS II L.P., maintained the aforementioned premises. 12. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS II L.P., managed the aforementioned premises. 13. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS II L.P., controlled the aforementioned premises. 14. That at all times mentioned here, the Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS II L.P., inspected the aforementioned premises. 15. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, was the owner of a certain premises located at 76 Uhlig Road, in the City of Middletown, County of Orange, State of New York. 16. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, maintained the aforementioned premises. 17. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, managed the aforementioned premises. 18. That at all times mentioned herein, the Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, controlled the aforementioned premises. 5 of 10 FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 19. That at all times mentioned here, the Defendant, MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, inspected the aforementioned premises. 20. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP., was the owner of a certain premises located at 76 Uhlig Road, in the City of Middletown, County of Orange, State of New York. 21. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP., maintained the aforemêñtioned premises. 22. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP., mañaged the aforementioned premises. 23. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP., controlled the aforementioned premises. 24. That at all times mentioned here, the Defendant, ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP., inspected the aforementioned premises. 25. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP., was the owner of a certain premises located at 76 Uhlig Road, in the City of Middletown, County of Orange, State of New York. 26. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP., mahtaked the aforementioned premises. 6 of 10 FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 27. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP., managed the aforementioned premises. 28. That at all times mentioned herein, the Defendant, ELANT AT MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP., controlled the aforernentioned premises. 29. That at all times mentioned here, the Defendant, ELANT AT MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP., inspected the aforementioned premises. 30. That at all relevant times mentioned herein, upon information and belief, the parking lot, on the aforementioned premises was the situs of the accident herein. 46 31. On or about the day of July, 2020, the Plaintiff, VIRGEN TORRES, was lawfully on the premises when she was caused to be precipitated to the ground as a result of a dangerous, hazardous condition. 32. That the Defendant(s), MIDDLECREST CROSSING SENIOR APARTMENTS II L.P., MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP. and ELANT AT MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP, their agents, employees, contractors and/or servants were negligent, careless and reckless in failing to properly maintain the premises in a reasonably safe condition; in allowing the premises to remain in an unsafe condition; in failing to warn the of the aforementioned dangerous and hazardous conditions; in failing to inspect the premises; in allowing the premises to become and/or remain in a dañgerous 7 of 10 FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 condition; in otherwise being negligent, careless and reckless in its ownership, operation, maintenance and control of the aforementioned premises. 33. That the Defendant(s), MIDDLECREST CROSSING SENIOR APARTMENTS II L.P., MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP. and ELANT AT MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP, their agents, employees, contractors and/or servants had actual and/or constructive notice of the dangerous and defective condition prior to the happening of the within occurrence, that in the exercise of reasonable care, said defendant could have and should have had knowledge and notice thereof. 34. That the Defendant(s), MIDDLECREST CROSSING SENIOR APARTMENTS II L.P., MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP. and ELANT AT MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP, their agents, employees, contractors and/or servants, caused the dangerous and/or defective condition. 35. The limited liabilityprovisions of CPLR 1601 do not apply pursuant to one or more exceptions of CPLR 1602. 36. That as a result of the foregoing, the Plaintiff, VIRGEN TORRES, sustained serious and severe injuries to her body, shock to her nervous system, ñümbness, and has been caused to suffer physical pain as a result thereof, and upon information and belief, some of these injuries are of a permanent and lasting nature; that plaintiff has been confined to a hospital, her bed and home as a result thereof, and has become responsible for expenses related to the treatment of said injuries all to her damage in a sum exceeding the ñioñetary jurisdictional limits of all lower courts. 8 of 10 FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 WHEREFORE, plaintiff(s) demand(s) judgmeñt against the defcñdañt(s), and each of them, in such sum exceeding the monetary jurisdictional limits of all lower courts as a jury would find just adequate and fair; together with the costs and disbursements of this action. Dated: Middletown, New York July 16, 2021 Yours, etc. PATRICK S. OWEN, PLLC By: PATRICK S. OWEN, ESQ. Attorney for Plaintiff(s) 250 Crystal Run Road Middletown, New York 10941 Tel. No.: (845) 692-8000 9 of 10 FILED: ORANGE COUNTY CLERK 07/21/2021 02:52 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 STATE OF NEW YORK ) ) ss.: COUNTY OF ORANGE ) I,the undersigned, being duly sworn, deposes and says: I am one of the plaintiff(s) in the within action; I have read the foregoing VERIFIED COMPLAINT and know the centents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on infor-=tion and belief and, as to such matters, I believe itto be true. V GE ORRES rn to before me this day of 20 Notary Public VEBONICA M. WESLEY Notary Pot±c, State of New York Qualifieo in Orange County Registration No. 01WE6075427 Comm!ssion Expires June 3, 20- 10 of 10