Preview
FILED: KINGS COUNTY CLERK 08/19/2021 04:42 PM INDEX NO. 521375/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021
SUPREME COURT OF THE STATE OF NEW YORK FILED:
COUNTY OF KINGS INDEX NO:
------------------------------------------------------------------X
RUDOLPH CHERRY, SUMMONS
Plaintiff, Plaintiff designates
Kings County
-against- as the place of trial.
KAREEM, LLC and KEY FOOD MARKET, INC., The basis of venue is:
Plaintiff’s Residence:
Defendant. 1195 E. 92nd Street
------------------------------------------------------------------X Brooklyn, NY 11236
TO THE ABOVE-NAMED DEFENDANTS:
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 19, 2021
The nature of this action is for injuries sustained as a result of the defendant’s negligence.
LIAKAS LAW, P.C
/s/
_______________________
BY: Dean N. Liakas, ESQ.
Attorney for Plaintiff
65 Broadway, 13th Floor
New York, New York 10006
(212) 937-7765
Failure to respond, a judgment will be against you, by default and interest from February 10,
2021.
Defendant’s address:
KAREEM, LLC KEY FOOD MARKET, INC.
Via Secretary of State Via Secretary of State
20-20 New Haven Avenue 1470 Orchard Park Road
Far Rockaway, New York 11691 West Seneca, New York 14224
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SUPREME COURT OF THE STATE OF NEW YORK FILED:
COUNTY OF KINGS INDEX NO:
------------------------------------------------------------------X
RUDOLPH CHERRY, VERIFIED COMPLAINT
Plaintiff,
-against-
KAREEM, LLC and KEY FOOD MARKET, INC.,
Defendant.
------------------------------------------------------------------X
Plaintiff, by his attorneys, LIAKAS LAW, P.C., complaining of the defendants herein,
respectfully shows to this court and alleges as follows:
1. That Plaintiff, RUDOLPH CHERRY, at all times herein mentioned, was and still is a
resident of the County of Kings, City and State of New York.
2. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KAREEM, LLC, was a company 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, the Defendant,
KAREEM, LLC, was and still is a domestic corporation organized and existing under and
by virtue of the laws of the State of New York.
4. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KAREEM, LLC, was and still is a foreign corporation authorized to do business under and
by virtue of the laws of the State of New York.
5. That at all of the times hereinafter mentioned, and upon information and belief, the
Defendant, KAREEM, LLC, maintained a principal place of 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, the
Defendant, KAREEM, LLC, conducted and carried on business in the State of New York.
7. That at all of the times hereinafter mentioned, and upon information and belief, the
Defendant, KAREEM, LLC, transacted business within the State of New York
8. That at all of the times hereinafter mentioned, and upon information and belief, the
Defendant, KAREEM, LLC, derived substantial revenue from goods used or consumed or
services rendered in the State of New York.
9. That at all of the times hereinafter mentioned, and upon information and belief, the
Defendant, KAREEM, LLC, expected or should have reasonably expected its acts to have
consequences in the County of Kings, City and State of New York.
10. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, INC., was a company organized and existing under and by virtue
of the laws of the State of New York.
11. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, INC., was and still is a domestic corporation organized and
existing under and by virtue of the laws of the State of New York.
12. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, 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.
13. That at all of the times hereinafter mentioned, and upon information and belief, the
Defendant, KEY FOOD MARKET, INC., maintained a principal place of business in the
State of New York
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14. That at all of the times hereinafter mentioned, and upon information and belief, the
Defendant, KEY FOOD MARKET, INC., conducted and carried on business in the State of
New York.
15. That at all of the times hereinafter mentioned, and upon information and belief, the
Defendant, KEY FOOD MARKET, INC., transacted business within the State of New
York
16. That at all of the times hereinafter mentioned, and upon information and belief, the
Defendant, KEY FOOD MARKET, INC., derived substantial revenue from goods used or
consumed or services rendered in the State of New York.
17. That at all of the times hereinafter mentioned, and upon information and belief, the
Defendant, KEY FOOD MARKET, INC., expected or should have reasonably expected its
acts to have consequences in the County of Kings, City and State of New York.
18. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KAREEM, LLC, owned the premises, located at 20-20 New Haven Avenue, in the
County of Queens, City and State of New York.
19. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KAREEM, LLC, was the lessor of the premises, located at 20-20 New Haven Avenue, in
the County of Queens, City and State of New York.
20. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KAREEM, LLC, was the lessee of the premises, located at 20-20 New Haven Avenue, in
the County of Queens, City and State of New York.
21. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KAREEM, LLC, and Defendant’s servants, agents and/or employees managed the
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premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State
of New York.
22. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KAREEM, LLC, and Defendant’s servants, agents and/or employees operated the
premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State
of New York.
23. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KAREEM, LLC, and Defendant’s servants, agents and/or employees maintained the
premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State
of New York.
24. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KAREEM, LLC, and Defendant’s servants, agents and/or employees controlled the
premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State
of New York.
25. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KAREEM, LLC, and Defendant’s servants, agents and/or employees supervised the
premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State
of New York.
26. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KAREEM, LLC, defendant’s servants, agents, and/or employees inspected the premises,
located at 20-20 New Haven Avenue, in the County of Queens, City and State of New
York.
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27. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KAREEM, LLC, and Defendant’s servants, agents and/or employees repaired the premises,
located at 20-20 New Haven Avenue, in the County of Queens, City and State of New
York.
28. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KAREEM, LLC, and Defendant’s servants, agents and/or employees designed the
premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State
of New York.
29. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KAREEM, LLC, and Defendant’s servants, agents and/or employees renovated the
premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State
of New York.
30. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KAREEM, LLC, and Defendant’s servants, agents and/or employees constructed the
premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State
of New York.
31. That at all the times hereinafter alleged, and upon information and belief, it was the duty of
Defendant, KAREEM, LLC, and Defendant’s servants, agents and/or employees to
maintain the premises, located at 20-20 New Haven Avenue, in the County of Queens,
City and State of New York, more specifically, the sidewalk adjacent to the aforementioned
premises, in a reasonably safe and suitable condition.
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32. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, INC., owned the premises, located at 20-20 New Haven Avenue,
in the County of Queens, City and State of New York.
33. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, INC., was the lessor of the premises, located at 20-20 New
Haven Avenue, in the County of Queens, City and State of New York.
34. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, INC., was the lessee of the premises, located at 20-20 New
Haven Avenue, in the County of Queens, City and State of New York.
35. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees
managed the premises, located at 20-20 New Haven Avenue, in the County of Queens,
City and State of New York.
36. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees operated
the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and
State of New York.
37. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees
maintained the premises, located at 20-20 New Haven Avenue, in the County of Queens,
City and State of New York.
38. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees
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controlled the premises, located at 20-20 New Haven Avenue, in the County of Queens,
City and State of New York.
39. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees
supervised the premises, located at 20-20 New Haven Avenue, in the County of Queens,
City and State of New York.
40. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, INC., defendant’s servants, agents, and/or employees inspected
the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and
State of New York.
41. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees repaired
the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and
State of New York.
42. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees
designed the premises, located at 20-20 New Haven Avenue, in the County of Queens,
City and State of New York.
43. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees
renovated the premises, located at 20-20 New Haven Avenue, in the County of Queens,
City and State of New York.
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44. That at all the times hereinafter alleged, and upon information and belief, the Defendant,
KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees
constructed the premises, located at 20-20 New Haven Avenue, in the County of Queens,
City and State of New York.
45. That at all the times hereinafter alleged, and upon information and belief, it was the duty of
Defendant, KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or
employees to maintain the premises, located at 20-20 New Haven Avenue, in the County
of Queens, City and State of New York, more specifically, the sidewalk adjacent to the
aforementioned premises, in a reasonably safe and suitable condition.
46. That on or about February 10, 2021, the Plaintiff, RUDOLPH CHERRY, was lawfully
upon the aforesaid premises.
47. That on or about February 10, 2021, the Plaintiff, RUDOLPH CHERRY, was caused to be
seriously injured when he was caused to slip and fall due to a wet, slippery, icy and/or
otherwise defective condition at the aforesaid premises.
48. That this occurrence was caused by reason of the negligence, carelessness and recklessness of
the Defendant(s), and/or Defendant’s agents, servants and/or employees, in the ownership,
management, maintenance, control, supervision, inspection, repair, design, renovation and
construction of the aforesaid premises, located at 20-20 New Haven Avenue, in the County
of Queens, City and State of New York, in creating said wet, slippery, icy and/or otherwise
defective condition; in failing to properly inspect, remedy and/or remove said dangerous
condition.
49. The Defendant(s), herein was negligent, reckless and careless in that they violated its duties to
persons lawfully on the aforesaid premises and to this Plaintiff, RUDOLPH CHERRY, in
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particular, in knowingly, permitting, suffering and allowing a defective, dangerous, trap like
condition to be present at the aforesaid premises, become and remain in a defective, dangerous
and unsafe, and were further negligent in failing to take suitable precautions for the safety of
persons lawfully at the aforesaid premises. Specifically, in failing to give any notice or warning
to Plaintiff of said dangerous condition.
50. That the aforesaid accident and the injuries resulting therefrom were due solely and wholly, as
the result of the careless and negligent manner in which the Defendant(s) owned, managed,
operated, maintained, controlled, supervised, inspected, repaired, designed, renovated, and
constructed the aforesaid premises, without the Plaintiff contributing in any way thereto.
51. That by reason of the foregoing and the negligence of Defendant(s), the Plaintiff, RUDOLPH
CHERRY, 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.
52. That by reason of the foregoing, the Plaintiff, RUDOLPH CHERRY, 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, Plaintiff will necessarily incur
similar expenses.
53. That by reason of the foregoing, the Plaintiff, RUDOLPH CHERRY, has been unable to
attend to his usual occupation in the manner required.
54. That one or more of the provisions of §1602 of the Civil Practice Law and Rules do apply to
the within action.
55. That pursuant to the Governor’s Declaration of Disaster Emergency in New York State in
Executive Order 202 due to the COVID-19 pandemic, together with subsequently issued
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Executive Orders, including without limiting thereto EO 202.8, EO 202.14, EO 202.28, EO
202.48, EO 202.55, EO 202.60 and EO 202.67, the statute of limitations in the within action
has been tolled and extended to remedy the Plaintiff’s inability to file the within action
resulting from the Administrative Orders of the New York State Chief Administrative
Judge, Lawrence K. Marks, prohibiting electronic filing and the commencement of new
actions until further notice in non-essential matters, including without limiting thereto
Administrative Orders AO-78-20 and AO-85-20.
56. That as a result of the foregoing, the Plaintiff, RUDOLPH CHERRY, sustained damages in
an amount which exceeds the jurisdictional limits of all other Courts which would otherwise
have jurisdiction.
57. That by reason of the foregoing, the Plaintiff, RUDOLPH CHERRY, was damaged in an
amount exceeding seventy-five thousand dollars.
WHEREFORE, the Plaintiff, RUDOLPH CHERRY, demands judgment against the
defendants in an amount which exceeds the jurisdictional limits of all other Courts which would
otherwise have jurisdiction herein, together with costs and disbursements of this action, and with
interest from the date of the accident, in an amount to be determined upon trial of this action.
Dated: New York, New York
August 19, 2021
LIAKAS LAW, P.C.
/s/
_______________________
BY: Dean N. Liakas, ESQ.
Attorney for Plaintiff
65 Broadway, 13th Floor
New York, New York 10006
(212) 937-7765
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STATE OF NEW YORK )
) ss
COUNTY OF NEW YORK )
I, the undersigned, an attorney admitted to practice in the courts of New York State, state under
penalty of perjury that I am one of the attorneys for Plaintiff in the within action; I have read the
foregoing SUMMONS AND VERIFIED COMPLAINT and know the contents thereof; the same
is true to my own knowledge, except as to the matters therein stated to be alleged on information
and belief, and as to those matters I believe to be true. The reason this verification is made by me
and not by my client, is that my client is not presently in the County where I maintain my offices.
The grounds of my belief as to all matters not stated upon my own knowledge are the materials in
my file and the investigations conducted by my office.
Dated: New York, New York
August 19, 2021
LIAKAS LAW, P.C.
/s/
_______________________
BY: Dean N. Liakas, ESQ.
Attorney for Plaintiff
65 Broadway, 13th Floor
New York, New York 10006
(212) 937-7765
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_____________________________________________________________________________
RUDOLPH CHERRY,
Plaintiff,
-against-
KAREEM, LLC and KEY FOOD MARKET, INC.,
Defendant.
______________________________________________________________________________
LIAKAS LAW, P.C.
65 Broadway, 13th Floor
New York, New York 10006
212.937.7765
______________________________________________________________________________
SUMMONS AND VERIFIED COMPLAINT
______________________________________________________________________________
STATE OF NEW YORK, COUNTY OF YORK, SS:
DEAN N. LIAKAS, 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 19, 2021 /s/
_________________
Dean N. Liakas, 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
______________________________________________________________________________
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Preview
FILED: KINGS COUNTY CLERK 08/19/2021 04:42 PM INDEX NO. 521375/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 SUPREME COURT OF THE STATE OF NEW YORK FILED: COUNTY OF KINGS INDEX NO: ------------------------------------------------------------------X RUDOLPH CHERRY, SUMMONS Plaintiff, Plaintiff designates Kings County -against- as the place of trial. KAREEM, LLC and KEY FOOD MARKET, INC., The basis of venue is: Plaintiff’s Residence: Defendant. 1195 E. 92nd Street ------------------------------------------------------------------X Brooklyn, NY 11236 TO THE ABOVE-NAMED DEFENDANTS: 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 19, 2021 The nature of this action is for injuries sustained as a result of the defendant’s negligence. LIAKAS LAW, P.C /s/ _______________________ BY: Dean N. Liakas, ESQ. Attorney for Plaintiff 65 Broadway, 13th Floor New York, New York 10006 (212) 937-7765 Failure to respond, a judgment will be against you, by default and interest from February 10, 2021. Defendant’s address: KAREEM, LLC KEY FOOD MARKET, INC. Via Secretary of State Via Secretary of State 20-20 New Haven Avenue 1470 Orchard Park Road Far Rockaway, New York 11691 West Seneca, New York 14224 1 of 13 FILED: KINGS COUNTY CLERK 08/19/2021 04:42 PM INDEX NO. 521375/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 SUPREME COURT OF THE STATE OF NEW YORK FILED: COUNTY OF KINGS INDEX NO: ------------------------------------------------------------------X RUDOLPH CHERRY, VERIFIED COMPLAINT Plaintiff, -against- KAREEM, LLC and KEY FOOD MARKET, INC., Defendant. ------------------------------------------------------------------X Plaintiff, by his attorneys, LIAKAS LAW, P.C., complaining of the defendants herein, respectfully shows to this court and alleges as follows: 1. That Plaintiff, RUDOLPH CHERRY, at all times herein mentioned, was and still is a resident of the County of Kings, City and State of New York. 2. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KAREEM, LLC, was a company 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, the Defendant, KAREEM, LLC, was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 4. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KAREEM, LLC, was and still is a foreign corporation authorized to do business under and by virtue of the laws of the State of New York. 5. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, KAREEM, LLC, maintained a principal place of business in the State of New York 2 of 13 FILED: KINGS COUNTY CLERK 08/19/2021 04:42 PM INDEX NO. 521375/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 6. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, KAREEM, LLC, conducted and carried on business in the State of New York. 7. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, KAREEM, LLC, transacted business within the State of New York 8. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, KAREEM, LLC, derived substantial revenue from goods used or consumed or services rendered in the State of New York. 9. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, KAREEM, LLC, expected or should have reasonably expected its acts to have consequences in the County of Kings, City and State of New York. 10. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., was a company organized and existing under and by virtue of the laws of the State of New York. 11. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., was and still is a domestic corporation organized and existing under and by virtue of the laws of the State of New York. 12. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, 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. 13. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., maintained a principal place of business in the State of New York 3 of 13 FILED: KINGS COUNTY CLERK 08/19/2021 04:42 PM INDEX NO. 521375/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 14. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., conducted and carried on business in the State of New York. 15. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., transacted business within the State of New York 16. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., derived substantial revenue from goods used or consumed or services rendered in the State of New York. 17. That at all of the times hereinafter mentioned, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., expected or should have reasonably expected its acts to have consequences in the County of Kings, City and State of New York. 18. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KAREEM, LLC, owned the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 19. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KAREEM, LLC, was the lessor of the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 20. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KAREEM, LLC, was the lessee of the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 21. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KAREEM, LLC, and Defendant’s servants, agents and/or employees managed the 4 of 13 FILED: KINGS COUNTY CLERK 08/19/2021 04:42 PM INDEX NO. 521375/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 22. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KAREEM, LLC, and Defendant’s servants, agents and/or employees operated the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 23. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KAREEM, LLC, and Defendant’s servants, agents and/or employees maintained the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 24. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KAREEM, LLC, and Defendant’s servants, agents and/or employees controlled the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 25. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KAREEM, LLC, and Defendant’s servants, agents and/or employees supervised the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 26. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KAREEM, LLC, defendant’s servants, agents, and/or employees inspected the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 5 of 13 FILED: KINGS COUNTY CLERK 08/19/2021 04:42 PM INDEX NO. 521375/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 27. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KAREEM, LLC, and Defendant’s servants, agents and/or employees repaired the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 28. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KAREEM, LLC, and Defendant’s servants, agents and/or employees designed the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 29. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KAREEM, LLC, and Defendant’s servants, agents and/or employees renovated the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 30. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KAREEM, LLC, and Defendant’s servants, agents and/or employees constructed the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 31. That at all the times hereinafter alleged, and upon information and belief, it was the duty of Defendant, KAREEM, LLC, and Defendant’s servants, agents and/or employees to maintain the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York, more specifically, the sidewalk adjacent to the aforementioned premises, in a reasonably safe and suitable condition. 6 of 13 FILED: KINGS COUNTY CLERK 08/19/2021 04:42 PM INDEX NO. 521375/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 32. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., owned the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 33. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., was the lessor of the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 34. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., was the lessee of the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 35. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees managed the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 36. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees operated the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 37. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees maintained the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 38. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees 7 of 13 FILED: KINGS COUNTY CLERK 08/19/2021 04:42 PM INDEX NO. 521375/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 controlled the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 39. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees supervised the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 40. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., defendant’s servants, agents, and/or employees inspected the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 41. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees repaired the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 42. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees designed the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 43. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees renovated the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 8 of 13 FILED: KINGS COUNTY CLERK 08/19/2021 04:42 PM INDEX NO. 521375/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 44. That at all the times hereinafter alleged, and upon information and belief, the Defendant, KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees constructed the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York. 45. That at all the times hereinafter alleged, and upon information and belief, it was the duty of Defendant, KEY FOOD MARKET, INC., and Defendant’s servants, agents and/or employees to maintain the premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York, more specifically, the sidewalk adjacent to the aforementioned premises, in a reasonably safe and suitable condition. 46. That on or about February 10, 2021, the Plaintiff, RUDOLPH CHERRY, was lawfully upon the aforesaid premises. 47. That on or about February 10, 2021, the Plaintiff, RUDOLPH CHERRY, was caused to be seriously injured when he was caused to slip and fall due to a wet, slippery, icy and/or otherwise defective condition at the aforesaid premises. 48. That this occurrence was caused by reason of the negligence, carelessness and recklessness of the Defendant(s), and/or Defendant’s agents, servants and/or employees, in the ownership, management, maintenance, control, supervision, inspection, repair, design, renovation and construction of the aforesaid premises, located at 20-20 New Haven Avenue, in the County of Queens, City and State of New York, in creating said wet, slippery, icy and/or otherwise defective condition; in failing to properly inspect, remedy and/or remove said dangerous condition. 49. The Defendant(s), herein was negligent, reckless and careless in that they violated its duties to persons lawfully on the aforesaid premises and to this Plaintiff, RUDOLPH CHERRY, in 9 of 13 FILED: KINGS COUNTY CLERK 08/19/2021 04:42 PM INDEX NO. 521375/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 particular, in knowingly, permitting, suffering and allowing a defective, dangerous, trap like condition to be present at the aforesaid premises, become and remain in a defective, dangerous and unsafe, and were further negligent in failing to take suitable precautions for the safety of persons lawfully at the aforesaid premises. Specifically, in failing to give any notice or warning to Plaintiff of said dangerous condition. 50. That the aforesaid accident and the injuries resulting therefrom were due solely and wholly, as the result of the careless and negligent manner in which the Defendant(s) owned, managed, operated, maintained, controlled, supervised, inspected, repaired, designed, renovated, and constructed the aforesaid premises, without the Plaintiff contributing in any way thereto. 51. That by reason of the foregoing and the negligence of Defendant(s), the Plaintiff, RUDOLPH CHERRY, 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. 52. That by reason of the foregoing, the Plaintiff, RUDOLPH CHERRY, 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, Plaintiff will necessarily incur similar expenses. 53. That by reason of the foregoing, the Plaintiff, RUDOLPH CHERRY, has been unable to attend to his usual occupation in the manner required. 54. That one or more of the provisions of §1602 of the Civil Practice Law and Rules do apply to the within action. 55. That pursuant to the Governor’s Declaration of Disaster Emergency in New York State in Executive Order 202 due to the COVID-19 pandemic, together with subsequently issued 10 of 13 FILED: KINGS COUNTY CLERK 08/19/2021 04:42 PM INDEX NO. 521375/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 Executive Orders, including without limiting thereto EO 202.8, EO 202.14, EO 202.28, EO 202.48, EO 202.55, EO 202.60 and EO 202.67, the statute of limitations in the within action has been tolled and extended to remedy the Plaintiff’s inability to file the within action resulting from the Administrative Orders of the New York State Chief Administrative Judge, Lawrence K. Marks, prohibiting electronic filing and the commencement of new actions until further notice in non-essential matters, including without limiting thereto Administrative Orders AO-78-20 and AO-85-20. 56. That as a result of the foregoing, the Plaintiff, RUDOLPH CHERRY, sustained damages in an amount which exceeds the jurisdictional limits of all other Courts which would otherwise have jurisdiction. 57. That by reason of the foregoing, the Plaintiff, RUDOLPH CHERRY, was damaged in an amount exceeding seventy-five thousand dollars. WHEREFORE, the Plaintiff, RUDOLPH CHERRY, demands judgment against the defendants in an amount which exceeds the jurisdictional limits of all other Courts which would otherwise have jurisdiction herein, together with costs and disbursements of this action, and with interest from the date of the accident, in an amount to be determined upon trial of this action. Dated: New York, New York August 19, 2021 LIAKAS LAW, P.C. /s/ _______________________ BY: Dean N. Liakas, ESQ. Attorney for Plaintiff 65 Broadway, 13th Floor New York, New York 10006 (212) 937-7765 11 of 13 FILED: KINGS COUNTY CLERK 08/19/2021 04:42 PM INDEX NO. 521375/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 STATE OF NEW YORK ) ) ss COUNTY OF NEW YORK ) I, the undersigned, an attorney admitted to practice in the courts of New York State, state under penalty of perjury that I am one of the attorneys for Plaintiff in the within action; I have read the foregoing SUMMONS AND VERIFIED COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe to be true. The reason this verification is made by me and not by my client, is that my client is not presently in the County where I maintain my offices. The grounds of my belief as to all matters not stated upon my own knowledge are the materials in my file and the investigations conducted by my office. Dated: New York, New York August 19, 2021 LIAKAS LAW, P.C. /s/ _______________________ BY: Dean N. Liakas, ESQ. Attorney for Plaintiff 65 Broadway, 13th Floor New York, New York 10006 (212) 937-7765 12 of 13 FILED: KINGS COUNTY CLERK 08/19/2021 04:42 PM INDEX NO. 521375/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________________________________ RUDOLPH CHERRY, Plaintiff, -against- KAREEM, LLC and KEY FOOD MARKET, INC., Defendant. ______________________________________________________________________________ LIAKAS LAW, P.C. 65 Broadway, 13th Floor New York, New York 10006 212.937.7765 ______________________________________________________________________________ SUMMONS AND VERIFIED COMPLAINT ______________________________________________________________________________ STATE OF NEW YORK, COUNTY OF YORK, SS: DEAN N. LIAKAS, 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 19, 2021 /s/ _________________ Dean N. Liakas, 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 ______________________________________________________________________________ 13 of 13