Preview
FILED: KINGS COUNTY CLERK 08/16/2021 12:28 PM INDEX NO. 520904/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF KINGS
============================X
LUIS OTERO, SUMMONS
Plaintiff, Plaintiff designates
Kings County
-against- as place of trial
AMALGAMATED WARBASSE HOUSES, INC., The basis of the venue is:
Situs of Occurrence
Defendant.
============================X
To the above named defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, to, if the complaint is not served with the summons, to serve a notice of
appearance, on the plaintiff's attorneys within twenty (20) days after the service of this summons,
exclusive of the day 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 herein.
Dated: New York, New York
August 12, 2021
The nature of this action is for injuries sustained as a result of the defendant’s negligence.
The relief sought is monetary damages.
ELEFTERAKIS, ELEFTERAKIS & PANEK
----------------------------------------------
BY: NICHOLAS ELEFTERAKIS, ESQ.
Attorneys for Plaintiff
80 Pine Street, 38th Floor
New York, N.Y. 10005
(212) 532-1116
Failure to respond, a judgment will be against you, by default and interest from July 29, 2020.
Defendant:
AMALGAMATED WARBASSE HOUSES, INC.
BAKER GREENSPAN & BERNSTEIN, ESQS
2099 Bellmore Avenue
Bellmore, NY 11710
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AMALGAMATED WARBASSE HOUSES, INC.
2800 West 5th Street
Brooklyn, NY 11224
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.:
============================X
LUIS OTERO,
Plaintiff,
VERIFIED COMPLAINT
-against-
AMALGAMATED WARBASSE HOUSES, INC.,
Defendant.
============================X
Plaintiff, by his attorneys, ELEFTERAKIS, ELEFTERAKIS & PANEK, as and for his
Verified Complaint, respectfully alleges, upon information and belief:
AS AND FOR A FIRST CAUSE OF ACTION
1. The plaintiff, LUIS OTERO, at all times herein mentioned was a resident of the State of New
York.
2. That at all the times hereinafter alleged, and upon information and belief, Defendant,
AMALGAMATED WARBASSE HOUSES, INC., 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 the times hereinafter alleged, and upon information and belief, Defendant,
AMALGAMATED WARBASSE HOUSES, INC., was and still is a foreign corporation
authorized to do business under and by virtue of the laws of the State of New York.
4. That at all of the times hereinafter mentioned, and upon information and belief, Defendant,
AMALGAMATED WARBASSE HOUSES, INC., maintained a principal place of
business in the State of New York.
5. That at all of the times hereinafter mentioned, and upon information and belief, Defendant,
AMALGAMATED WARBASSE HOUSES, INC., conducted and carried on business in
the State of New York.
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6. That at all of the times hereinafter mentioned, and upon information and belief, Defendant,
AMALGAMATED WARBASSE HOUSES, INC., transacted business within the State of
New York.
7. That at all of the times hereinafter mentioned, and upon information and belief, Defendant,
AMALGAMATED WARBASSE HOUSES, INC., derived substantial revenue from goods
used or consumed or services rendered in the State of New York.
8. That at all of the times hereinafter mentioned, and upon information and belief, Defendant,
AMALGAMATED WARBASSE HOUSES, INC., expected or should have reasonably
expected its acts to have consequences in the State of New York.
9. That at all the times hereinafter alleged, and upon information and belief, the defendant,
AMALGAMATED WARBASSE HOUSES, INC. owned the premises located at 2775
West 5th Street in the County of Kings, State of New York.
10. That at all the times hereinafter alleged, and upon information and belief, the defendant,
AMALGAMATED WARBASSE HOUSES, INC., was a lessee of the premises located
at 2775 West 5th Street in the County of Kings, State of New York.
11. That at all the times hereinafter alleged, and upon information and belief, the defendant,
AMALGAMATED WARBASSE HOUSES, INC., was a lessor of the premises located
at 2775 West 5th Street in the County of Kings, State of New York.
12. That at all the times hereinafter alleged, and upon information and belief, the defendant,
AMALGAMATED WARBASSE HOUSES, INC., managed the premises located at 2775
West 5th Street in the County of Kings, State of New York.
13. That at all the times hereinafter alleged, and upon information and belief, the defendant,
AMALGAMATED WARBASSE HOUSES, INC., maintained the premises located at
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2775 West 5th Street in the County of Kings, State of New York.
14. That at all the times hereinafter alleged, and upon information and belief, the defendant,
AMALGAMATED WARBASSE HOUSES, INC., controlled the premises located at
2775 West 5th Street in the County of Kings, State of New York.
15. That at all the times hereinafter alleged, and upon information and belief, the defendant,
AMALGAMATED WARBASSE HOUSES, INC., operated the premises located at 2775
West 5th Street in the County of Kings, State of New York.
16. That at all the times hereinafter alleged, and upon information and belief, the defendant,
AMALGAMATED WARBASSE HOUSES, INC. supervised the premises located at 2775
West 5th Street in the County of Kings, State of New York.
17. That at all of the times hereinafter mentioned, and upon information and belief, Defendant,
AMALGAMATED WARBASSE HOUSES, INC., and Defendant’s servants, agents
and/or employees inspected the premises located at 2775 West 5th Street in the County of
Kings, State of New York.
18. That at all of the times hereinafter mentioned, and upon information and belief, it was the duty
of Defendant, AMALGAMATED WARBASSE HOUSES, INC., and Defendant’s
servants, agents and/or employees to maintain said premises located at 2775 West 5th Street
in the County of Kings, State of New York, in a reasonably safe and suitable condition.
19. That at all times hereinafter alleged and upon information and belief, prior to July 29, 2020,
Defendant, AMALGAMATED WARBASSE HOUSES, INC., entered into an agreement
and/or arrangement to provide and perform certain work, labor and/or services at the
above-referenced location.
20. That upon information and belief, on July 29, 2020 or prior thereto, Defendant,
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AMALGAMATED WARBASSE HOUSES, INC., entered into a contract to provide and
perform certain work, labor and/or services at the above-referenced location.
21. That at all times hereinafter alleged and upon information and belief, prior to July 29, 2020,
Defendant, AMALGAMATED WARBASSE HOUSES, INC., hired various entities to
provide and perform certain work, labor and/or services at the above-referenced location.
22. That upon information and belief, on July 29, 2020, Defendant, AMALGAMATED
WARBASSE HOUSES, INC., by its agents, servants and employees, was performing
certain work, labor and/or services at the above-referenced location, and directed,
supervised and controlled all of the work, labor and/or services performed in and about the
aforesaid location.
23. That at all of the times hereinafter mentioned, and upon information and belief, Defendant,
AMALGAMATED WARBASSE HOUSES, INC., and Defendant’s servants, agents
and/or employees supervised the premises located at 2775 West 5th Street in the County of
Kings and State of New York.
24. That at all of the times hereinafter mentioned, and upon information and belief, it was the duty
of Defendant, AMALGAMATED WARBASSE HOUSES, INC., and Defendant’s
servants, agents and/or employees to maintain the premises located at 2775 West 5th Street
in the County of Kings and State of New York, in a reasonably safe and suitable condition.
25. That on or about July 29, 2020, the plaintiff, LUIS OTERO, was on the aforesaid premises.
26. That on or about July 29, 2020, solely as a result of Defendant’s negligence, carelessness and
recklessness, Plaintiff, LUIS OTERO, was caused to be seriously injured when he was
caused to be struck by debris/objects on the passageway/walkway at Defendant’s premises.
27. That the aforesaid accident and the injuries resulting therefrom were due solely and wholly as
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a result of the careless and negligent manner in that the defendant owned, operated,
maintained, managed and controlled the aforesaid premises, without the plaintiff in any way
contributing thereto.
28. That the defendant herein was negligent, reckless and careless in that they violated their duties
to persons on the aforesaid premises and to this plaintiff in particular, in knowingly permitting,
suffering and allowing the aforesaid to be, become and remain in a defective, unsafe and
dangerous condition, and were further negligent in failing to take suitable precautions for the
safety of persons lawfully in front of the aforesaid premises.
29. That by reason of the foregoing and the negligence of the defendant, the plaintiff, LUIS
OTERO, was severely injured, bruised and wounded, suffered, still suffers and will continue
to suffer for some time physical pain and bodily injuries and became sick, sore, lame and
disabled and so remained for a considerable length of time.
30. That by reason of the foregoing, the plaintiff, LUIS OTERO, was compelled to and did
necessarily require medical aid and attention, and did necessarily pay and become liable
therefore for medicines and upon information and belief, the plaintiff, LUIS OTERO, will
necessarily incur similar expenses.
31. That by reason of the foregoing, the plaintiff, LUIS OTERO, has been unable to attend to his
usual occupation in the manner required.
32. That one or more of the exceptions of §1602 of the Civil Practice Law and Rules do apply to
the within action.
33. That as a result of the foregoing, the plaintiff, LUIS OTERO, sustained damages in an
amount which exceeds the monetary jurisdictional limits of any and all lower Courts which
would otherwise have jurisdiction herein, in an amount to be determined upon trial of this
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action.
AS AND FOR A SECOND CAUSE OF ACTION
34. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through
34 inclusive, with the same force and effect as though more fully set forth at length herein.
35. That the defendant failed to provide plaintiff with a safe place to work.
36. That the defendant violated §200 of the New York Labor Law.
37. That the defendant violated §240(1) of the New York Labor Law.
38. That the defendant violated §241(6) of the New York Labor Law.
39. That the defendant violated the Industrial Code of the City and State of New York.
40. That as a result of the foregoing, the plaintiff, LUIS OTERO, has been damaged in a sum
which exceeds the jurisdictional limits of all lower courts
WHEREFORE, Plaintiff demands the following judgment against the defendant for an
amount which exceeds the jurisdictional limits of all other Courts which would otherwise have
jurisdiction herein, in an amount to be determined upon trial of this action, together with costs and
disbursements of this action, and with interest from the date of the accident. Plaintiff demands a
jury trial.
Dated: New York, New York
August 12, 2021
Yours, etc.
ELEFTERAKIS, ELEFTERAKIS & PANEK
By:
Nicholas Elefterakis, Esq.
Attorneys for Plaintiff
80 Pine Street, 38th Floor
New York, New York 10005
(212)532-1116
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
)
COUNTY OF NEW YORK ) SS:
The undersigned, an attorney admitted to practice in the Courts of the State of New York,
and an associate of the law firm of Elefterakis, Elefterakis, & Panek attorneys of record for the
claimant herein, affirms:
That he has read the attached SUMMONS AND COMPLAINT and the same is true to his
own knowledge, except as to the matters alleged on information and belief, and as to those matters,
he believes them to be true to the best of his knowledge.
That affirmant's sources of information are investigation and files maintained in your
affirmant's law office.
That this verification is made by your affirmant due to the fact that claimant does not
presently reside within the county in which your affirmant maintains his law office, or is presently
outside the county in which your affirmant maintains his law office.
The undersigned affirms that the foregoing statements are true, under penalties of perjury.
Dated: New York, New York
August 12, 2021
__________________________
Nicholas Elefterakis, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
______________________________________________________________________________
LUIS OTERO,
Plaintiff,
-against-
AMALGAMATED WARBASSE HOUSES, INC.,
Defendant.
______________________________________________________________________________
ELEFTERAKIS, ELEFTERAKIS & PANEK
80 Pine Street, 38th Floor
New York, New York 10005
212.532.1116
______________________________________________________________________________
Summons and Verified Complaint
______________________________________________________________________________
STATE OF NEW YORK, COUNTY OF NEW YORK, SS:
Nicholas Elefterakis, the undersigned, an attorney admitted to practice in the Courts of New
York State, affirms the following:
I further certify that my signature below acts as a “certification” for the documents attached
hereto, in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22
NYCRR).
Dated: New York, New York
August 12, 2021 _________________
Nicholas Elefterakis, Esq.
______________________________________________________________________________
PLEASE TAKE NOTICE
( ) that the within is a (certified) true copy of a Notice of entered in the Office of
the clerk of the within Entry named Court on
( ) that an Order of which the within is a true copy will be presented for
Notice of settlement to the Hon. one of the Judges of the Settlement within named Court, on
, at
______________________________________________________________________________
ELEFTERAKIS, ELEFTERAKIS & PANEK
80 Pine Street, 38th Floor
New York, New York 10005
212.532.1116
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Preview
FILED: KINGS COUNTY CLERK 08/16/2021 12:28 PM INDEX NO. 520904/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF KINGS ============================X LUIS OTERO, SUMMONS Plaintiff, Plaintiff designates Kings County -against- as place of trial AMALGAMATED WARBASSE HOUSES, INC., The basis of the venue is: Situs of Occurrence Defendant. ============================X To the above named defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, to, if the complaint is not served with the summons, to serve a notice of appearance, on the plaintiff's attorneys within twenty (20) days after the service of this summons, exclusive of the day 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 herein. Dated: New York, New York August 12, 2021 The nature of this action is for injuries sustained as a result of the defendant’s negligence. The relief sought is monetary damages. ELEFTERAKIS, ELEFTERAKIS & PANEK ---------------------------------------------- BY: NICHOLAS ELEFTERAKIS, ESQ. Attorneys for Plaintiff 80 Pine Street, 38th Floor New York, N.Y. 10005 (212) 532-1116 Failure to respond, a judgment will be against you, by default and interest from July 29, 2020. Defendant: AMALGAMATED WARBASSE HOUSES, INC. BAKER GREENSPAN & BERNSTEIN, ESQS 2099 Bellmore Avenue Bellmore, NY 11710 1 of 10 FILED: KINGS COUNTY CLERK 08/16/2021 12:28 PM INDEX NO. 520904/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021 AMALGAMATED WARBASSE HOUSES, INC. 2800 West 5th Street Brooklyn, NY 11224 2 of 10 FILED: KINGS COUNTY CLERK 08/16/2021 12:28 PM INDEX NO. 520904/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: ============================X LUIS OTERO, Plaintiff, VERIFIED COMPLAINT -against- AMALGAMATED WARBASSE HOUSES, INC., Defendant. ============================X Plaintiff, by his attorneys, ELEFTERAKIS, ELEFTERAKIS & PANEK, as and for his Verified Complaint, respectfully alleges, upon information and belief: AS AND FOR A FIRST CAUSE OF ACTION 1. The plaintiff, LUIS OTERO, at all times herein mentioned was a resident of the State of New York. 2. That at all the times hereinafter alleged, and upon information and belief, Defendant, AMALGAMATED WARBASSE HOUSES, INC., 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 the times hereinafter alleged, and upon information and belief, Defendant, AMALGAMATED WARBASSE HOUSES, INC., was and still is a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 4. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, AMALGAMATED WARBASSE HOUSES, INC., maintained a principal place of business in the State of New York. 5. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, AMALGAMATED WARBASSE HOUSES, INC., conducted and carried on business in the State of New York. 3 of 10 FILED: KINGS COUNTY CLERK 08/16/2021 12:28 PM INDEX NO. 520904/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021 6. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, AMALGAMATED WARBASSE HOUSES, INC., transacted business within the State of New York. 7. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, AMALGAMATED WARBASSE HOUSES, INC., derived substantial revenue from goods used or consumed or services rendered in the State of New York. 8. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, AMALGAMATED WARBASSE HOUSES, INC., expected or should have reasonably expected its acts to have consequences in the State of New York. 9. That at all the times hereinafter alleged, and upon information and belief, the defendant, AMALGAMATED WARBASSE HOUSES, INC. owned the premises located at 2775 West 5th Street in the County of Kings, State of New York. 10. That at all the times hereinafter alleged, and upon information and belief, the defendant, AMALGAMATED WARBASSE HOUSES, INC., was a lessee of the premises located at 2775 West 5th Street in the County of Kings, State of New York. 11. That at all the times hereinafter alleged, and upon information and belief, the defendant, AMALGAMATED WARBASSE HOUSES, INC., was a lessor of the premises located at 2775 West 5th Street in the County of Kings, State of New York. 12. That at all the times hereinafter alleged, and upon information and belief, the defendant, AMALGAMATED WARBASSE HOUSES, INC., managed the premises located at 2775 West 5th Street in the County of Kings, State of New York. 13. That at all the times hereinafter alleged, and upon information and belief, the defendant, AMALGAMATED WARBASSE HOUSES, INC., maintained the premises located at 4 of 10 FILED: KINGS COUNTY CLERK 08/16/2021 12:28 PM INDEX NO. 520904/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021 2775 West 5th Street in the County of Kings, State of New York. 14. That at all the times hereinafter alleged, and upon information and belief, the defendant, AMALGAMATED WARBASSE HOUSES, INC., controlled the premises located at 2775 West 5th Street in the County of Kings, State of New York. 15. That at all the times hereinafter alleged, and upon information and belief, the defendant, AMALGAMATED WARBASSE HOUSES, INC., operated the premises located at 2775 West 5th Street in the County of Kings, State of New York. 16. That at all the times hereinafter alleged, and upon information and belief, the defendant, AMALGAMATED WARBASSE HOUSES, INC. supervised the premises located at 2775 West 5th Street in the County of Kings, State of New York. 17. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, AMALGAMATED WARBASSE HOUSES, INC., and Defendant’s servants, agents and/or employees inspected the premises located at 2775 West 5th Street in the County of Kings, State of New York. 18. That at all of the times hereinafter mentioned, and upon information and belief, it was the duty of Defendant, AMALGAMATED WARBASSE HOUSES, INC., and Defendant’s servants, agents and/or employees to maintain said premises located at 2775 West 5th Street in the County of Kings, State of New York, in a reasonably safe and suitable condition. 19. That at all times hereinafter alleged and upon information and belief, prior to July 29, 2020, Defendant, AMALGAMATED WARBASSE HOUSES, INC., entered into an agreement and/or arrangement to provide and perform certain work, labor and/or services at the above-referenced location. 20. That upon information and belief, on July 29, 2020 or prior thereto, Defendant, 5 of 10 FILED: KINGS COUNTY CLERK 08/16/2021 12:28 PM INDEX NO. 520904/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021 AMALGAMATED WARBASSE HOUSES, INC., entered into a contract to provide and perform certain work, labor and/or services at the above-referenced location. 21. That at all times hereinafter alleged and upon information and belief, prior to July 29, 2020, Defendant, AMALGAMATED WARBASSE HOUSES, INC., hired various entities to provide and perform certain work, labor and/or services at the above-referenced location. 22. That upon information and belief, on July 29, 2020, Defendant, AMALGAMATED WARBASSE HOUSES, INC., by its agents, servants and employees, was performing certain work, labor and/or services at the above-referenced location, and directed, supervised and controlled all of the work, labor and/or services performed in and about the aforesaid location. 23. That at all of the times hereinafter mentioned, and upon information and belief, Defendant, AMALGAMATED WARBASSE HOUSES, INC., and Defendant’s servants, agents and/or employees supervised the premises located at 2775 West 5th Street in the County of Kings and State of New York. 24. That at all of the times hereinafter mentioned, and upon information and belief, it was the duty of Defendant, AMALGAMATED WARBASSE HOUSES, INC., and Defendant’s servants, agents and/or employees to maintain the premises located at 2775 West 5th Street in the County of Kings and State of New York, in a reasonably safe and suitable condition. 25. That on or about July 29, 2020, the plaintiff, LUIS OTERO, was on the aforesaid premises. 26. That on or about July 29, 2020, solely as a result of Defendant’s negligence, carelessness and recklessness, Plaintiff, LUIS OTERO, was caused to be seriously injured when he was caused to be struck by debris/objects on the passageway/walkway at Defendant’s premises. 27. That the aforesaid accident and the injuries resulting therefrom were due solely and wholly as 6 of 10 FILED: KINGS COUNTY CLERK 08/16/2021 12:28 PM INDEX NO. 520904/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021 a result of the careless and negligent manner in that the defendant owned, operated, maintained, managed and controlled the aforesaid premises, without the plaintiff in any way contributing thereto. 28. That the defendant herein was negligent, reckless and careless in that they violated their duties to persons on the aforesaid premises and to this plaintiff in particular, in knowingly permitting, suffering and allowing the aforesaid to be, become and remain in a defective, unsafe and dangerous condition, and were further negligent in failing to take suitable precautions for the safety of persons lawfully in front of the aforesaid premises. 29. That by reason of the foregoing and the negligence of the defendant, the plaintiff, LUIS OTERO, was severely injured, bruised and wounded, suffered, still suffers and will continue to suffer for some time physical pain and bodily injuries and became sick, sore, lame and disabled and so remained for a considerable length of time. 30. That by reason of the foregoing, the plaintiff, LUIS OTERO, was compelled to and did necessarily require medical aid and attention, and did necessarily pay and become liable therefore for medicines and upon information and belief, the plaintiff, LUIS OTERO, will necessarily incur similar expenses. 31. That by reason of the foregoing, the plaintiff, LUIS OTERO, has been unable to attend to his usual occupation in the manner required. 32. That one or more of the exceptions of §1602 of the Civil Practice Law and Rules do apply to the within action. 33. That as a result of the foregoing, the plaintiff, LUIS OTERO, sustained damages in an amount which exceeds the monetary jurisdictional limits of any and all lower Courts which would otherwise have jurisdiction herein, in an amount to be determined upon trial of this 7 of 10 FILED: KINGS COUNTY CLERK 08/16/2021 12:28 PM INDEX NO. 520904/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021 action. AS AND FOR A SECOND CAUSE OF ACTION 34. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 34 inclusive, with the same force and effect as though more fully set forth at length herein. 35. That the defendant failed to provide plaintiff with a safe place to work. 36. That the defendant violated §200 of the New York Labor Law. 37. That the defendant violated §240(1) of the New York Labor Law. 38. That the defendant violated §241(6) of the New York Labor Law. 39. That the defendant violated the Industrial Code of the City and State of New York. 40. That as a result of the foregoing, the plaintiff, LUIS OTERO, has been damaged in a sum which exceeds the jurisdictional limits of all lower courts WHEREFORE, Plaintiff demands the following judgment against the defendant for an amount which exceeds the jurisdictional limits of all other Courts which would otherwise have jurisdiction herein, in an amount to be determined upon trial of this action, together with costs and disbursements of this action, and with interest from the date of the accident. Plaintiff demands a jury trial. Dated: New York, New York August 12, 2021 Yours, etc. ELEFTERAKIS, ELEFTERAKIS & PANEK By: Nicholas Elefterakis, Esq. Attorneys for Plaintiff 80 Pine Street, 38th Floor New York, New York 10005 (212)532-1116 8 of 10 FILED: KINGS COUNTY CLERK 08/16/2021 12:28 PM INDEX NO. 520904/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) COUNTY OF NEW YORK ) SS: The undersigned, an attorney admitted to practice in the Courts of the State of New York, and an associate of the law firm of Elefterakis, Elefterakis, & Panek attorneys of record for the claimant herein, affirms: That he has read the attached SUMMONS AND COMPLAINT and the same is true to his own knowledge, except as to the matters alleged on information and belief, and as to those matters, he believes them to be true to the best of his knowledge. That affirmant's sources of information are investigation and files maintained in your affirmant's law office. That this verification is made by your affirmant due to the fact that claimant does not presently reside within the county in which your affirmant maintains his law office, or is presently outside the county in which your affirmant maintains his law office. The undersigned affirms that the foregoing statements are true, under penalties of perjury. Dated: New York, New York August 12, 2021 __________________________ Nicholas Elefterakis, Esq. 9 of 10 FILED: KINGS COUNTY CLERK 08/16/2021 12:28 PM INDEX NO. 520904/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ______________________________________________________________________________ LUIS OTERO, Plaintiff, -against- AMALGAMATED WARBASSE HOUSES, INC., Defendant. ______________________________________________________________________________ ELEFTERAKIS, ELEFTERAKIS & PANEK 80 Pine Street, 38th Floor New York, New York 10005 212.532.1116 ______________________________________________________________________________ Summons and Verified Complaint ______________________________________________________________________________ STATE OF NEW YORK, COUNTY OF NEW YORK, SS: Nicholas Elefterakis, the undersigned, an attorney admitted to practice in the Courts of New York State, affirms the following: I further certify that my signature below acts as a “certification” for the documents attached hereto, in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR). Dated: New York, New York August 12, 2021 _________________ Nicholas Elefterakis, Esq. ______________________________________________________________________________ PLEASE TAKE NOTICE ( ) that the within is a (certified) true copy of a Notice of entered in the Office of the clerk of the within Entry named Court on ( ) that an Order of which the within is a true copy will be presented for Notice of settlement to the Hon. one of the Judges of the Settlement within named Court, on , at ______________________________________________________________________________ ELEFTERAKIS, ELEFTERAKIS & PANEK 80 Pine Street, 38th Floor New York, New York 10005 212.532.1116 10 of 10