Complaint,Petition: Towpee Manneh v. St. Peter'S Cemetery, The Roman Catholic Church Of St. Peter And St. Paul And Assumption In the County of Richmond and City of New York

On August 19, 2021 a Complaint,Petition was filed involving a dispute between Towpee Manneh, and St. Peter'S Cemetery, The Roman Catholic Church Of St. Peter And St. Paul And Assumption In The County Of Richmond And City Of New York, for Torts - Other (Negligence) in the District Court of Richmond County.

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FILED: RICHMOND COUNTY CLERK 08/19/2021 02:56 PM INDEX NO. 151566/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/19/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
X

TOWPEE MANNEH,

Plaintiff, VERIFIED COMPLAINT

-against- Index No.: /2021

ST. PETER'S CEMETERY,

Defendants.

__.... .___ _____ --- X

The plainti f,TOWPEE MANNEH, by her attorneys, FISCHER & BURSTEIN, P.C., as and

for her Verified Complaint against the defendant, ST. PETER'S CEMETERY, respectfully alleges,

upon information and belief, and at all times hereinafter mentioned, as follows:

AS AND FOR A FIRST CAUSE OF ACTION
(AS AGAINST DEFENDANT ST. PETER'S CEMETERY-NEGLIGENCE)

1. Plaintiff TOWPEE MANNEH was at alltimes relevant hereto and stillis a resident

of the County of Richmond, City and State of New York.

The'
2. incident which forms the basis for this claim occurred in the County of

Richmond, City and State of New York.

3 Defendant ST. PETER'S CEMETERY was at all times relevant hereto.and stillis

duly organized and existing under and pursuant to the laws of the State of New York.

4 At all times relevant hereto, defendant ST. PETER'S CEMETERY was and stillis

licensed to do business and doing business in the State of New York.

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5. At all times relevant hereto, defendant ST. PETER'S CEMETERY maintained its

principal pla of business in the County of Richmond and State of New York.

6. At all times relevant hereto, defendant ST. PETER'S CEMETERY owned the

premises known St. Peter's Cemetery in the County of Ric.hmond, City and State of New York

(Hereinafter at times referred to as the "CEMETERY").

7. On July 17, 2021, defendant ST. PETER'S CEMETERY owned the premises known

St. Peters Cemetery at 52 Tyler Avenue, in the County of Richmond
City and State ofNew York

(Hereinafter at times referred to as the "CEMETERY").

8. On July 17, 2021, and for more than forty three (43) years prior thereto, defendant

ST. PETER'S CEMETERY owned the CEMETERY, including grounds, walkways and paths

thereat.

9. On July 17, 2021, and for more than forty three (43) years prior thereto, defendant

ST. PETER S CÈMETERY had an ownership interest in the CEMETERY in the County of

Richmond and State of New York.

10. On July 17, 2021, defendant ST. PETER'S CEMETERY, itsagents and/or employees,

were in possession of the foregoing CEMETERY,

11. On July 17, 2021, and for more than forty three (43) years prior thereto, defendant ST.

PETER'S CElviETERY, itsagents and/or employees, were in possession of said CEMETERY.

12. On July 17, 2021, defendant ST. PETER'S CEMETERY, itsagents and/or employees,

supervised and/or were in control of the foregoing CEMETERY.

13. On July 17, 2021, and for more than forty three (43) years prior thereto, defendant ST.

PETER'S CEMETERY, its agents and/or employees, supervised and/or were in control of the

foregoing CEMETERY.

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14. . At alltimes relevant hereto, defendant ST. PETER'S CEMETERY, was charged with

a duty of maintaining, inspecting and supervising the aforesaid CEMETERY, including but not

limited to the gravestones, monuments, markers, grounds, walkways and paths thereat.

PETER'
15. At alltimes relevant hereto, defendant S T, S CEMETERY, itsagents and/or

employees, were and stillare charged with a duty of keeping the aforesaid premises, including but

not limited to the gravestones, monuments, markers, grounds, walkways and paths thereat,

reasonably safe for the public in general and for the plaintiff in particular.

16. At alltimes relevant hereto, defendant ST. PETER'S CEMETERY, itsagents and/or

employees, were and stillare charged with a duty of maintaining in a safe condition the aforesaid

the aforesaid premises, including but not limited to the gravestones, monuments, markers, grounds,

walkways and paths thereat.

17. At all times relevant hereto, plaintiff TOWPEE MANNEH and the public in general

were invited to the aforesaid CEMETERY.

18. On July 17, 2021, plaintiff TOWPEE MANNEH was lawfully at the foregoing

CEMETERY, namely as a pedestrian thereat.

19. On July 17, 2021, plaintiff TOWPEE MANNEH was caused to be struck by a

gravestone, monument and/or marker, and/or a portion thereof, while lawfully in said CEMETERY.

20. As a direct and proximate result of being struck by a gravestone, monument and/or

marker, and/or a.portion thereof, thereat, plaintiff TOWPEE MANNEH was caused to sustain

severe and permanent physical injuries and resulting damages.

21. The plaintiff was caused to be struck by a gravestone, monument and/or marker,

and/or a portion thereof, at the foregoing CEMETERY as a direct result of the negligence of

defendant S T. PETER'S CEMETERY, its agents and/or employees.

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22. The plaintiff was caused to be struck by a gravestone, monument and/or marker,

and/or a portion thereof, at the foregoing CEMETERY as a direct result of the negligence of

defendant ST. PETER'S CEMETERY, itsagents and/or employees, and without any negligence on

the plaintiff's part contributing thereto.

23. Defendant ST. PETER'S CEMETERY, itsagents and/or employees, were negligent,

reckless and careless in itsownership, operation, inspection, mainteñañce, supervision, management,

repair and/or control ofthe said CEMETERY, and the gravestones, monuments and markers thereat.

24. The negligence and/or recklessness of defendant ST. PETER'S CEMETERY, its

agents and/or employees, consisted of, but was not limited to failing to properly inspect, manage,

supervise, repair, and maintain the foregoing CEMETERY and the gravestones, monuments and

markers thereat, in a reasonably safe maññer and/or in making an improper repair of the foregoing

monuments and markers in improper re-
gravestones, thereat; installation, erection, construction,

cementing, re-paving and/or repair of the gravestones, monuments and markers thereat; in causing

and/or creating unsafe, dañgerous, traplike and snarelike conditions then and there existing; in

failing to inspect, manage, supervise, repair and/or maintain the foregoing area and the gravestones,

monuments and/or markers thereat; in recklessly, carelessly and negligently failing to erect and/or

post signs and/or barriers at the said area; in failing to provide safe walkway at the said area; in

failing to provide a safe area to walk at the said location; in failing to warn the public in general and

the plaintiff in particular of the dangerous, hazardous, unsafe, snarelike, traplike and defective

conditions thereat; in failing to remedy, correct and/or remove the dangerous, snarelike, traplike and

defective conditions thereat; in permitting a special use ofthe premises thereat; in causing, creating,

permitting and/or allowing the falling, dangerous, hazardous and unsafe conditions to exist and/or

remain thereat; in failing to take proper safety measures to prevent injury to the plaintiff herein; in

failing to properly maintain said premises; in exposing the plaintiff to an unreasonable risk of harm

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under the circumstances existing at the time of the occurrence; in failing to warn plaintiff of the said

hazardous, dangerous, traplike, snarelike and unsafe conditions; in maintaining the said premises

as a trap and peril to the public thereat and the plaintiffin particular; in acting with reckless disregard

for the safety of the plaintiff; and in otherwise being reckless and negligent.

25. That as a result of the negligence of defendants ST. PETER'S CEMETERY, itsagents

and/or employees, the plaintiff was caused to and did suffer painful serious and permañêñt injuries,

causing her to become and remain sick, sore and disabled for a long period of time, and to suffer

severe injuries to plaintiff's mind, body and extremities, requiring her to obtain hospital and medical

treatment for said injuries, confining her to hospital, bed and home in an effort to alleviate and/or

cure some of the injuries and disabilities suffered, and was caused to be incapacitated from attending

to her usual duties and was thereby deprived of enjoying the normal fruits ofher activities, including,

but not limited to familial, social, household, economic, vocational, avocational, professional and

recreational, allresulting in substantial monetary expense and loss, and her injuries, or some of them,

either in their nature or their effects are permanent and lasting, and the plaintiff may continue

indefinitely and into the future to suffer similar loss, expense and disability.

26. Defendant ST. PETER'S CEMETERY, its agents and/or employees, caused and

created the dangerous, traplike snarelike and hazardous conditions then and there existing.

27. Defendant ST. PETER'S CEMETERY had actual knowledge of the dangerous,

unsafe, traplike, snarelike and hazardous conditions then and there existing, and the said conditions

existed for such a long time prior to the happening ofthe occurrence on July 17, 2021 that defendant

ST. PETER'S CEMETERY knew or should have known about and should have remedied the

dangerous, unsafe, traplike, snarelike and hazardous conditions then and there existing.

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28. Defendant ST. PETER'S CEMETERY had constructive notice of the dangerous,

unsafe, traplike, snarelike and hazardous conditions then and there existing, in that the said

conditions existed for such a long time prior to July 17, 2021 that the foregoing defendant knew or

should have known about and should have remedied the dangerous, unsafe, traplike, snarelike and

hazardous conditions then and there existing.

29. That this action is exempt from the operation of Section 1601 of the CPLR by reason

of one or more of the exceptions provided in Section 1602 of the CPLR.

30. By reason of thenegligence of defendant ST. PETER'S CEMETERY as aforesaid, and

without any negligence attributable to the plaintiff,the plaintiffhas been damaged in a sum in excess

of the jurisdictional limits of alllower courts which would otherwise have jurisdiction herein.

AS AND FOR A SECOND CAUSE OF ACTION
(AS AGAINST DEFENDANT ST. PETER'S CEMETERY-RES IPSA LOQUITOR)

"1"
31. The plaintiff, TOWPEE MANNEH, repeats, reiterates and realleges paragraphs

"30"
through of this Verified Complaint as if fully set forth herein.

32. At all times relevant hereto, defendant ST. PETER'S CEMETERY owned the

premises known St. Peter's Cemetery in the County of Richmond, City and State of New York

(Hereinafter at times referred to as the "CEMETERY").

33. On July 17, 2021, defendant ST. PETER'S CEMETERY owned the premises known

St. Peter's Cemetery at 52 Tyler Avenue, in the County of Richmond, City and State ofNew York

(Hereinafter,at times referred to as the "CEMETERY").

34. On July 17, 2021, and for more than forty three (43) years prior thereto, defendant

ST. PETER'S CEMETERY owned the CEMETERY, including the grounds and paths thereat.

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35. On July 17, 2021, and for more than forty three (43) years prior thereto, defendant

ST. PETER'S CEMETERY had an ownership interest in the CEMETERY in the County of

Richmond and State of New York.

36. On July 17, 2021, defendant ST. PETER'S CEMETERY, itsagents and/or employees,

were in possession of the foregoing CEMETERY.

37. On July 17, 2021, and for more than forty three (43) years prior thereto, defendant ST.

PETER'S CEMETERY, its agents and/or employees, were in possession of the foregoing

CEMETERY.

38. On July 17, 2021, defendant ST. PETER'S CEMETERY, itsagents and/or employees,

supervised and/or were in control of the foregoing CEMETERY.

39. On July 17, 2021, and for more than forty three (43) years prior thereto, defendant ST.

PETER'S CEMETERY, its agents and/or employees, supervised and/or were in control of the

foregoing CEMETERY.

40. At alltimes relevant hereto, defendant ST. PETER'S CEMETERY, was charged with

a duty of maintaining, inspecting and supervising the aforesaid CEMETERY, including but not

limited to the gravestones, monuments, markers, grounds, walkways and paths thereat.

41. At alltimes relevant hereto, defendant ST. PETER'S CEMETERY, itsagents and/or

employees, were and stillare charged with a duty of keeping the aforesaid premises, including but

not limited to the gravestones, monuments, markers, grounds, walkways and paths thereat,

reasonably safe for the public in general and for the plaintiff in particular.

42. At alltimes relevant hereto, defendant ST. PETER'S CEMETERY, itsagents and/or

employees, were and still are charged with a duty of maintaining in a safe condition the aforesaid

the aforesaid premises, including but not limited to the gravestones, monuments, markers, grounds,

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walkways and paths thereat.

43. At all times relevant hereto, plaintiff TOWPEE MANNEH and the public in general

were invited to the aforesaid CEMETERY.

44. On July 17, 2021, plaintiff TOWPEE MANNEH was lawfully at the foregoing

CEMETERY, namely as a pedestrian thereat.

45. On July 17, 2021, plaintiff TOWPEE MANNEH was caused to be struck by a

gravestone, monument and/or marker, and/or a portion thereof, while lawfully upon and/or in the

said CEMETERY.

46. As a direct and proximate result of being struck by a gravestone, monument and/or

marker, and/or a portion thereof, thereat, plaintiff TOWPEE MANNEH was caused to sustain

severe and permanent physical injuries and resulting damages.

47. That the happening of the foregoing occurrence, and the injuries to the plaintiff as a

result thereof, is the kind of event which ordinarily occur in the absence of someone's negligence.

48. That the foregoing occurrence, and the injuries to the plaintiff, were caused by an

agency or instrumentality exclusively within the exclusive control of the defendant.

49. That the foregoing occurrence, and the injuries to the plaintiff, were not due to any

action or contribution on the part of the plaintiff
voluntary

50. That the happening of the foregoing occurrence, and the injuries to the plaintiff as a

result thereof, could not have been proximately caused but for the negligence of defendant ST.

PETER'S CEMETERY.

51. That the Doctrine of Res Ipsa Loquitor applies herein and the plaintiff is entitled to

judgment against the defendant herein predicated on the Doctrine of Res Ipsa Loquitor.

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52. That as a result of the foregoing, plaintiff TOWPEII MANNEH was caused to and did

suffer painful serious and permanent injuries, causing her to become and remain sick, sore and

disabled for a long period of time, and to suffer severe injuries to plaintiff's mind, body and

extremities, requiring her to obtain hospital and medical treatment for said injuries, confining her

to hospital, bed and home in an effort to alleviate and/or cure some of the injuries and disabilities

suffered, and was caused to be incapacitated from attending to her usual duties and was thereby

deprived of enjoying the normal fruits of her activities, including, but not limited to familial, social,

household, economic, vocational, avocational, professional and recreational, all resulting in

substantial monetary expense and loss, and her injuries, or some of them, either in their nature or

their effects are permanent and 1asting, and the plaintiff may continue indefinitely and into the future

to suffer similar loss, expense and disability.

53. By reason of the foregoing, and without any negligence on thepart of the plaintiff , the

plaintiff has been damaged in a sum in excess of the jurisdictional limits of alllower courts which

would otherwise have jurisdiction herein.

WHEREFORE, the plaintiff, TOWPEE MANNEH, demands judgment against the

defendant, ST. PETER'S CEMETERY, as follows:

1. On the First Cause of Action in favor of plaintiff TOWPEE MANNEH and

against defendant ST. PETER'S CEMETERY, in a sum in excess of the

jurisdictional limits of alllower courts which would otherwise have jurisdiction

herein; and

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2. On the Second Cause of Action in favor of plaintiff TOWPEE MANNEH and

against defendant ST. PETER'S CEMETERY in a sum in excess ofthejurisdictional

limits ofall lower courts which would otherwise havejurisdictionherein, alltogether

with interest, and the costs and disbursements of this action.

Dated: Kew Gardens, New York

July 21, 2021

Yours, etc.

FISCHE & BURSTEIN, P.C.

By.
Ifa y . 1·steiÈE,-Esq.

Attorneys for Plaintiff

TOWPEE MANNEH
80-02 Kew Gardens Road, Suite 902
Kew Gardens, New York 1I415

(718) 544-1600

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VERIFICATION

STATE OF NEW YORK )
) ss.:
COUNTY OF RICHMOND)

Re: TOWPEE MANNEH v. ST. PETER'S CEMETERY

TOWPEE MANNEH , being duly sworn, deposes

and says:

Deponent is the plaintiff in the within action; has read the

foregoing VERIFIED COMPLAINT and knows the content s thereof and the

same is true to deponent's own knowledge, except as to the matters .

herein stated to be alleged upon information and belief and that as

to those matters deponent believes them to be true.

Dated: Staten Island , New York

July 21 , _2021_

TOWPEE MAÑNA

HARRY H.BURSTEtN
Sworn to bef e me this Notary Pubile,State ofNew Ybrk
No. 02BU4607461
day o Qualifiedln Nassau Coun
/ Commission Expires May 31, 023

No Public

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Index No. Year 2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND . .
TOWPEE MANNEH,

Plaintiff,
- against -

ST. PETER'S CEMETERY,

Defendant.

SUMMONS
VERIFIED COMPLAINT

FISCHER & BURSTEIN, P.C.

Attorney(s) for Plaintiff
Office and Post Office Address, Telephone

80-02 Kew Gardens Road, Ste. 902

Kew Gardens, New York 11415

(718) 544-1600

CERTIFICATION: To the best of the undersigned's knowledge, information a6d belief formed afteran

inquiry reasonable under the circumstances, the within document(s) and contehtions coñtaiñëd herein are
not frivolous as defined in 22 NYCRR § 130-1.1-a. . - .\

Service of a copy of the within is hereby admitted.

Dated,

Attorney(s) for ........ ......................

Sir: Please take notice
O NOTICE OF ENTRY
that the within is a (certified) copy of

duly entered in the office of the clerk of the within named court on 20

O NOTICE OF SETTLEMENT
that an order of which the within is a true copy will be presented

for settlement to the HON. one of the judges of the within

named Court, at
on the day of 20 at M.

Dated,
Yours, etc.

FISCHER & BURSTEIN, P.C.

Attorney(s) for Plaintiffs
Office and Post Office Address

80-02 Kew Gardens Road, Ste. 902
Kew Gardens, New York 11415

(718) 544-1600

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Case Info

Judge

Ralph Porzio Track Judge’s New Case

Case No.

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Document Filed Date

August 19, 2021

Case Filing Date

August 19, 2021

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Complaint,Petition: Towpee Manneh v. St. Peter'S Cemetery, The Roman Catholic Church Of St. Peter And St. Paul And Assumption In the County of Richmond and City of New York

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