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  • Ca. B., Cat. B., Cay. B. , infants under the age of 14 years, by their mother and natural guardian, CRYSTAL BARNES, Crystal Barnes , individually v. 1302 Rosedale Associates LlcTorts - Other (BED BUGS) document preview
  • Ca. B., Cat. B., Cay. B. , infants under the age of 14 years, by their mother and natural guardian, CRYSTAL BARNES, Crystal Barnes , individually v. 1302 Rosedale Associates LlcTorts - Other (BED BUGS) document preview
  • Ca. B., Cat. B., Cay. B. , infants under the age of 14 years, by their mother and natural guardian, CRYSTAL BARNES, Crystal Barnes , individually v. 1302 Rosedale Associates LlcTorts - Other (BED BUGS) document preview
  • Ca. B., Cat. B., Cay. B. , infants under the age of 14 years, by their mother and natural guardian, CRYSTAL BARNES, Crystal Barnes , individually v. 1302 Rosedale Associates LlcTorts - Other (BED BUGS) document preview
  • Ca. B., Cat. B., Cay. B. , infants under the age of 14 years, by their mother and natural guardian, CRYSTAL BARNES, Crystal Barnes , individually v. 1302 Rosedale Associates LlcTorts - Other (BED BUGS) document preview
  • Ca. B., Cat. B., Cay. B. , infants under the age of 14 years, by their mother and natural guardian, CRYSTAL BARNES, Crystal Barnes , individually v. 1302 Rosedale Associates LlcTorts - Other (BED BUGS) document preview
  • Ca. B., Cat. B., Cay. B. , infants under the age of 14 years, by their mother and natural guardian, CRYSTAL BARNES, Crystal Barnes , individually v. 1302 Rosedale Associates LlcTorts - Other (BED BUGS) document preview
  • Ca. B., Cat. B., Cay. B. , infants under the age of 14 years, by their mother and natural guardian, CRYSTAL BARNES, Crystal Barnes , individually v. 1302 Rosedale Associates LlcTorts - Other (BED BUGS) document preview
						
                                

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FILED: BRONX COUNTY CLERK 08/19/2021 01:19 PM INDEX NO. 811295/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Ca. B., Cat. B., and Cay. B., infants under the age of 14 years, by their mother and natural guardian, CRYSTAL BARNES, and CRYSTAL BARNES, individually, Index No.: Date of Filing: Plaintiff(s), -against- SUMMONS WITH NOTICE 1302 ROSEDALE ASSOCIATES LLC, Defendant(s). ----------------------------------------------------------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 Plaintiff(s)' Notice of Appearance, on the 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 August 19, 2021 Yours, etc. LESCH & LESCH, P.C. By: GARY E. CH, ESQ. Attorneys for Plaintiff(s) 860 Grand Concourse, Suite 2M Bronx, New York 10451 (718) 292-1131 1 of 14 FILED: BRONX COUNTY CLERK 08/19/2021 01:19 PM INDEX NO. 811295/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 Defendant(s)' Address: 1302 ROSEDALE ASSOCIATES LLC - Served by the Secretary of State Only 1510 St Peters Avenue Bronx, New York 10461 1302 Rosedale Avenue Bronx, New York 10472 VENUE: Plaintiff(s) designate(s) Bronx County as the place of trial. The basis of this designation is: Plaintiff(s)' Residence in Bronx County. 1302 Rosedale Avenue, County of Bronx 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 December 2019 until the present, and the costs of this action. 2 of 14 FILED: BRONX COUNTY CLERK 08/19/2021 01:19 PM INDEX NO. 811295/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -----------------------------------x Ca. B., Cat. B., and Cay. B., infants under the age of 14 years, by their mother and natural guardian, CRYSTAL BARNES, and CRYSTAL BARNES, individually, VERIFIED COMPLAINT Index No.: Plaintiff(s), - against - 1302 ROSEDALE ASSOCIATES LLC, Defendant(s). ------------------ ---------------------------------x Plaintiff(s), Ca. B., Cat. B., and Cay. B., infants under the age of 14 years, by their mother and natural guardian, CRYSTAL BARNES, and CRYSTAL BARNES, individually by their attorneys, LESCH & LESCH P.C., complaining of the Defendant(s), 1302 ROSEDALE ASSOCIATES LLC, sets forth the following, upon infonnation and belief: 1. That at all times herein mentioned, Plaintiff(s) were and still are residents of the County of Bronx, City and State of New York. 2. That at all times herein mentioned, the Defendant(s), 1802 ROSEDALE ASSOCIATES LLC was and still is a domestic limited liability company duly authorized to do business in the State of New York. 3. That at all times herein mentioned, the Defendant(s), 1802 ROSEDALE ASSOCIATES LLC maintained a principal place of business in the County of Bronx, City and State of New York. 4. That at all times herein mentioned and from December 2019 until the present, the Defendant(s), 1302 ROSEDALE ASSOCIATES LLC owned the premises and appurtenances and fixtures thereto, located at 1302 Rosedale Avenue, County of Bronx, City and State of New York. 3 of 14 FILED: BRONX COUNTY CLERK 08/19/2021 01:19 PM INDEX NO. 811295/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 5. That at all times herein mentioned and on December 2019 until the present, the Defendant(s), 1302 ROSEDALE ASSOCIATES LLC by its agents, servants and/or employees managed the aforesaid premises. 6. That at all times herein mentioned and on December 2019 until the present, the Defendant(s), 1302 ROSEDALE ASSOCIATES LLC by its agents, servants and/or employees maintained the aforesaid premises. 7. That at all times herein mentioned and on December 2019 until the present, the Defendant(s), 1802 ROSEDALE ASSOCIATES LLC by its agents, servants and/or employees controlled the aforesaid premises. 8. That at all times herein mentioned and on December 2019 until the present, the Defendant(s), 1802 ROSEDALE ASSOCIATES LLC by its agents, servants and/or employees operated the aforesaid premises. 9. That at all times herein mentioned and on December 2019 until the present, the Defendant(s), 1302 ROSEDALE ASSOCIATES LLC by its agents, servants and/or employees supervised the aforesaid premises. 10. That at all times herein mentioned and on Decernber 2019 until the present, the Defendant(s), 1302 ROSEDALE ASSOCIATES LLC by its agents, servants and/or employees inspected the aforesaid premises. 11. That at all times herein mentioned and on December 2019 until the present, the Defendant(s), 1802 ROSEDALE ASSOCIATES LLC was the lessor of the aforesaid premises. 12. The building commonly known as 1302 ROSEDALE AVENUE in the County of Bronx, 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 of each other. 4 of 14 FILED: BRONX COUNTY CLERK 08/19/2021 01:19 PM INDEX NO. 811295/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 13. At all times mentioned herein, on or about December 2019 until the present, Plaintiff(s), CRYSTAL BARNES, lawfully leased from the Defendant(s), 1302 ROSEDALE ASSOCIATES LLC, the apartment known as 3a in the aforementioned building 14. On December 2019 until the present, while infant Plaintiff(s), Ca. B., Cat. B., Cay. B., and CRYSTAL BARNES, were lawfully about the aforesaid premises, they were caused to sustain serious and pennanent injuries as a result of the bed bug infestation and of being bitten by said vennin. 15. The above-mentioned occurrence and the result thereof, were caused by the Defendant(s)' negligence of the Defendant(s) and/or said agents, servants, employees and/or licensees in the ownership, operation, management, supervision, maintenance and control of the aforesaid premises. 16. That Defendant(s) had actual notice of this defective condition. 17. That Defendant(s) had constructive notice of this defective/ defective condition. 18. That Defendant(s) caused and/or created dangerous /defective condition sited above. 19. That on or prior to December 2019, Defendant(s) had actual notice of the condition described above and received violations from the New York City Housing Preservation and Development for this condition. 20. That on December 2019 until the present, Defendant(s), and/or said Defendant(s)' servants, agents, employees and/or licensees were negligent in that they breached their duty to keep the aforementioned premises in a safe, proper and secure condition, in good repair and free from obstruction, defect, nuisance, and hazardous, dangerous and trap like conditions. Defendant(s)' 21. That upon information and belief, Defendant(s) and/or said servants, agents, employees and/or licensees had actual/or constructive notice of the 5 of 14 FILED: BRONX COUNTY CLERK 08/19/2021 01:19 PM INDEX NO. 811295/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 aforementioned obstructive, defect, nuisance, and hazardous, dangerous and trap like condition. 22. That the amount of damage sustained by Infant Plaintiff(s), Ca. B., Cat. B., Cay. B and CRYSTAL BARNES 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 FIRST CAUSE OF ACTION ON BEHALF OF PIAINTIFF(S) CRYSTAL BARNES 23. Plaintiff(s) CRYSTAL BARNES repeats and reiterates each and every "1" "22" allegation in paragraph through as set forth fully and at length herein. 24. The above-mentioned occurrence and the results thereof, were caused by the Defendant(s)' negligence of the Defendant(s) and/or said agents, servants, employees and/or licensees in the ownership, operation, management, supervision, maintenance and control of the aforesaid premises. 25. That no negligence on the part of the Plaintiff(s) contributed to the occurrence alleged herein in any manner whatsoever. 26. That by reason of the foregoing, Plaintiff(s), CRYSTAL BARNES, was caused to sustain serious injuries and to have suffered pain, shock and mental anguish; that these injuries and their effects will be permanent; and as a result of said injuries Plaintiff(s) has been caused to incur, and will continue to incur, expenses for medical care and attention; and, as a Plaintiff(s)' further result Plaintiff(s) was, and will continue to be, rendered unable to perform normal activities and duties and has sustained a resultant loss therefrom. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF INFANT PLAINTIFF(S) Ca. B. 27. Infant Plaintiff(s) Ca. B. repeats and reiterates each and every allegation in "1" "26" paragraph through as set forth fully and at length herein. 6 of 14 FILED: BRONX COUNTY CLERK 08/19/2021 01:19 PM INDEX NO. 811295/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 28. The above-mentioned occurrence and the results thereof, were caused by the Defendant(s)' negligence of the Defendant(s) and/or said agents, servants, employees and/or licensees in the ownership, operation, management, supervision, maintenance and control of the aforesaid premises. 29. That no negligence on the part of the Plaintiff(s) contributed to the occurrence alleged herein in any manner whatsoever. 30. That by reason of the foregoing, Infant Plaintiff(s) Ca. B., was caused to sustain serious injuries and to have suffered pain, shock and mental anguish; that these injuries and their effects will be permanent; and as a result of said injuries Plaintiff(s) has been caused to incur, and will continue to incur, expenses for medical care and attention; and, as a Plaintiff(s)' further result Plaintiff(s) was, and will continue to be, rendered unable to perfonn nonnal activities and duties and has sustained a resultant loss therefrom. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF INFANT PLAINTIFF(S) Cat. B. 31. Infant Plaintiff(s) Cat. B. repeats and reiterates each and every allegation in "1" "30" paragraph through as set forth fully and at length herein. 32. The above-mentioned occurrence and the results thereof, were caused by the Defendant(s)' negligence of the Defendant(s) and/or said agents, servants, employees and/or licensees in the ownership, operation, manageinent, supervision, maintenance and control of the aforesaid premises. 33. That no negligence on the part of the Plaintiff(s) contributed to the occurrence alleged herein in any manner whatsoever. 34. That by reason of the foregoing, Infant Plaintiff(s) Cat. B., was caused to sustain serious injuries and to have suffered pain, shock and mental anguish; that these injuries and their effects will be permanent; and as a result of said injuries Plaintiff(s) has been caused to incur, and will continue to incur, expenses for medical care and attention; and, as a 7 of 14 FILED: BRONX COUNTY CLERK 08/19/2021 01:19 PM INDEX NO. 811295/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 Plaintiff(s)' further result Plaintiff(s) was, and will continue to be, rendered unable to perform normal activities and duties and has sustained a resultant loss therefrom. AS AND FOR A FOURTH CAUSE OF ACTION ON BEHALF OF INFANT PLAINTIFF(S) Cay. B. 35. Infant Plaintiff(s)Cay. B. repeats and reiterates each and every allegation in "1" "34" paragraph through as set forth fully and at length herein. 36. The above-mentioned occurrence and the results thereof, were caused by the Defendant(s)' negligence of the Defendant(s) and/or said agents, servants, employees and/or licensees in the ownership, operation, management, supervision, maintenance and control of the aforesaid premises. 37. That no negligence on the part of the Plaintiff(s) contributed to the occurrence alleged herein in any manner whatsoever. 38. That by reason of the foregoing, Infant Plaintiff(s) Cay. B., was caused to sustain serious injuries and to have suffered pain, shock and mental anguish; that these injuries and their effects will be permanent; and as a result of said injuries Plaintiff(s) has been caused to incur, and will continue to incur, expenses for medical care and attention; and, as a Plaintiff(s)' further result Plaintiff(s) was, and will continue to be, rendered unable to perform normal activities and duties and has sustained a resultant loss therefrom. AS AND FOR A FIIiTH CAUSE OF ACTION FOR VIOLATION OF RPL $235-b "1" 39. Plaintiff(s) repeat and re-allege each and every allegation in paragraph "38" through as set forth fully and at length herein. 40. That on or about December 2019 until the present, at the aforementioned location, Plaintiff(s) has been subjected to conditions that are dangerous, hazardous and detrimental to their health, and safety. 41. That Defendant(s) were given notice of the condition. 8 of 14 FILED: BRONX COUNTY CLERK 08/19/2021 01:19 PM INDEX NO. 811295/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 42. That the aforementioned condition was not introduced to the subject premises through any fault of Plaintiff(s). 43. That Defendant(s) were strictly liable for the condition in the premises, and responsible for taking reasonable actions to eliminate the condition. 44. That the condition continues and Defendant(s) failed to remedy it. Plaintiff(s)' 45. That the presence of bed bugs in the apartment constitutes a breach of their warranty of habitability. 46. By reason of the foregoing, Plaintiff(s) sustained the damages alleged herein. 47. Accordingly, Plaintiff(s) is entitled to compensatory damages, punitive damages and reasonable attorney's fees and costs. AS AND FOR A SIXTH CAUSE OF ACTION FOR RECKLESS CAUSE OF ACTION OF PRIOR NOTICE 48. Plaintiff(s) repeat and re-allege each and every allegation contained in "1" "47" paragraph through as set forth fully and at length herein. 49. Upon information and belief, that at all times heretofore mentioned, the Defendant(s) were under the non-delegable duty, pursuant to the laws of the State of New York and the City of New York to maintain the building in a safe and proper condition. 50. That on or about December 2019, Defendant(s) were on notice of a bed bug infestation in the building and took no steps to remedy the condition, illegally delegated their duty to remedy the conditions to individual tenants, and acted recklessly in allowing the Plaintiff(s)' condition to spread throughout the building including apartment causing damage and harm to Plaintiff(s). Defendant(s)' 51. That as a direct and proximate result of actions and failure to act, Plaintiff(s) sustained the damages alleged herein. 52. Accordingly, Plaintiff(s) is entitled to compensatory damages, punitive damages and reasonable attorney's fees and costs. 9 of 14 FILED: BRONX COUNTY CLERK 08/19/2021 01:19 PM INDEX NO. 811295/2021E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 AS AND FOR A SEVENTH CAUSE OF ACTION FOR CONSTRUCTIVE EVICITON 53. Plaintiff(s) repeat and re-allege each and every allegation contained in "1" "52" paragraph through as set forth fully and at length herein. Defendant(s)' 54. That the wrongful acts and omission has substantially and materially deprived the Plaintiff(s) of the beneficial use and enjoyment of their apartment. 55. By reason of the foregoing, Plaintiff(s) sustained the damages alleged herein. 56. Accordingly, Plaintiff(s) is entitled to compensatory damages, punitive damages and reasonable attorney's fees and costs. AS AND FOR AN EIGHT CAUSE OF ACTION FOR INTENTIONAI/ NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 57. Plaintiff(s) repeat and re-allege each and every allegation contained in "1" "56" paragraph through as set forth fully and at length herein. Defendant(s)' 58. That conduct was extreme and outrageous, and it caused Plaintiff(s) to suffer mental and emotional distress. Plaintiff(s)' 59. That Defendant(s) intended to cause or recklessly caused mental and emotional distress. 60. By reason of the foregoing, Plaintiff(s)